Legislature(2003 - 2004)
2004-04-22 Senate Journal
Full Journal pdf2004-04-22 Senate Journal Page 3003 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday April 22, 2004 One Hundred Second Day Pursuant to adjournment the Senate was called to order by President Therriault at 12:08 p.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Firooz Mehrabad of the Juneau Baha'i Assembly. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O God! We are weak; give us strength. We are poor; bestow upon us Thine illimitable treasures. We are sick; grant us Thy divine healing. We are powerless; give us of Thy heavenly power. O Lord! Make us useful in this world; free us from the condition of self and desire. O Lord! Make us firm in Thy love and cause us to be loving toward the whole of mankind. Confirm us in service to the world of humanity, so that we may become the servants of Thy servants, that we may love all Thy creatures and become compassionate to all Thy people. O Lord! Thou art the Almighty! Thou art the Merciful! Thou art the Forgiver! Thou art the Omnipotent. Senator Davis led the Senate in the Pledge of Allegiance. Certification Senator Ben Stevens moved and asked unanimous consent that the journal for the one hundred first legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2004-04-22 Senate Journal Page 3004 Messages from the Governor HB 348 Message dated and received April 21 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 348(JUD) "An Act relating to the rights of certain victims of crime to receive information about the office of victims' rights and the Violent Crimes Compensation Board." Chapter 15, SLA 2004 Effective Date: 07/20/2004 HB 349 Message dated and received April 21 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 349(JUD) "An Act amending Rule 412, Alaska Rules of Evidence." Chapter 16, SLA 2004 Effective Date: 07/20/2004 HB 357 Message dated and received April 21 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 357(JUD) "An Act relating to restitution; and providing for an effective date." Chapter 17, SLA 2004 Effective Date: 04/22/2004 2004-04-22 Senate Journal Page 3005 HB 397 Message dated and received April 21 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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." Chapter 18, SLA 2004 Effective Date: 07/20/2004 HB 398 Message dated and received April 21 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 398(JUD) "An Act relating to domestic violence fatality review teams." Chapter 19, SLA 2004 Effective Date: 07/20/2004 Messages dated April 21 were read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 353 CS FOR HOUSE BILL NO. 353(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act exempting certain teachers at certain schools from jury service during school terms; and amending Rule 15(k), Alaska Rules of Administration." was read the first time and referred to the State Affairs and Health, Education and Social Services Committees. 2004-04-22 Senate Journal Page 3006 HB 418 CS FOR HOUSE BILL NO. 418(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act extending the termination date of the Real Estate Commission; relating to real estate; relating to home inspectors; relating to real estate licensees; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. HB 467 CS FOR HOUSE BILL NO. 467(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act establishing an Alaska Commemorative Coin Commission to develop the design concepts and to make recommendations regarding the final design of the Alaska quarter under the 50 States Commemorative Coin Program Act; and providing for an effective date." was read the first time and referred to the State Affairs and Health, Education and Social Services Committees. HB 476 CS FOR HOUSE BILL NO. 476(STA) BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: "An Act establishing the Alaska Statehood Celebration Commission; and providing for an effective date." was read the first time and referred to the State Affairs Committee. HB 484 CS FOR HOUSE BILL NO. 484(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: 2004-04-22 Senate Journal Page 3007 "An Act imposing a correctional facility surcharge on persons convicted of a crime under state law and on persons whose probation is revoked; relating to fees and expenses for interstate transfer of probation or parole; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 490 CS FOR HOUSE BILL NO. 490(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to the release of employment security records, to the binding effect of determinations and decisions regarding unemployment compensation benefits, and to contributions, interest, penalties, and payments under the Alaska Employment Security Act; providing that property under the Alaska Employment Security Act is not subject to the Uniform Unclaimed Property Act; and providing for an effective date." was read the first time and referred to the State Affairs and Labor and Commerce Committees. HB 500 HOUSE BILL NO. 500(title am) BY REPRESENTATIVES SAMUELS, Holm, entitled: "An Act including the Joint Commission on Accreditation of Healthcare Organizations under the definition of medical review organizations." was read the first time and referred to the Health, Education and Social Services Committee. HB 549 CS FOR HOUSE BILL NO. 549(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: 2004-04-22 Senate Journal Page 3008 "An Act relating to unsolicited communications following an aircraft accident." was read the first time and referred to the Labor and Commerce and Judiciary Committees. Standing Committee Reports Report dated April 20 was read, stating: In accordance with AS 39.05.080, the Senate Labor and Commerce Committee reviewed the following and recommends these appointments be forwarded to a joint session for consideration: State Board of Registration for Architects, Engineers, and Land Surveyors Clifford E. Baker - Kenai Boyd J. Brownfield - Anchorage Richard A. Hughes - Fairbanks Kenneth D. Maynard - Anchorage Alaska Labor Relations Agency Gary P. Bader - Anchorage Dennis S. Niedermeyer - Eagle River James S. Spalding - Anchorage This does not reflect intent by any of the members to vote for or against the individuals during any future sessions. Signing the report: Senator Bunde, Chair; Senator Seekins, Vice Chair; Senator Gary Stevens. SB 31 The Finance Committee considered SENATE BILL NO. 31 "An Act relating to a railroad utility corridor for extension of the Alaska Railroad to Canada and to extension of the Alaska Railroad to connect with the North American railroad system" and recommended the adoption of the Resources Committee Substitute offered on page 945. 2004-04-22 Senate Journal Page 3009 Signing do pass: Senator Wilken, Cochair; Senators Dyson, Ben Stevens. Signing no recommendation: Senator Green, Cochair; Senator Hoffman. Signing do not pass: Senator Bunde. Signing amend: Senator Olson. The following fiscal information was published today: Fiscal Note No. 2, zero, Department of Transportation and Public Facilities Fiscal Note No. 3, zero, Department of Community and Economic Development Fiscal Note No. 4, zero, Department of Natural Resources The bill was referred to the Rules Committee. SB 385 The Judiciary Committee considered SENATE BILL NO. 385 "An Act relating to homeland security, to civil defense, to emergencies and to disasters, including disasters in the event of attacks, outbreaks of disease, or threats of attack or outbreak of disease; establishing the Alaska division of homeland security and emergency management in the Department of Military and Veterans' Affairs and relating to the functions of that division and that department; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 385(JUD) Signing do pass: Senator Seekins, Chair. Signing no recommendation: Senators French, Ogan. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Military and Veterans' Affairs The bill was referred to the Rules Committee. 2004-04-22 Senate Journal Page 3010 HB 15 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 15(FIN) am "An Act relating to fair trade practices and consumer protection, to telephone solicitations, to charitable solicitations; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 15(L&C) Signing no recommendation: Senator Bunde, Chair; Senators Davis, French, Gary Stevens. Signing do pass: Senator Seekins. The following previously published fiscal information applies: Fiscal Note No. 4, zero, Department of Community and Economic Development Fiscal Note No. 5, Department of Law The bill was referred to the Judiciary Committee. HB 56 The Judiciary Committee considered CS FOR HOUSE BILL NO. 56(L&C) "An Act relating to the award to the state of actual reasonable attorney fees and costs, including costs of investigation, in certain court actions relating to unfair trade practices; and amending Rules 54(d), 79, and 82, Alaska Rules of Civil Procedure." Signing amend: Senator Seekins, Chair. Signing do pass: Senator French. Signing no recommendation: Senator Ogan. The following previously published fiscal information applies: Fiscal Note No. 1, indeterminate, Department of Law The bill was referred to the Finance Committee. HB 213 The Finance Committee considered CS FOR HOUSE BILL NO. 213(FIN) "An Act relating to a provisional driver's license and to issuance of a driver's license; and providing for an effective date" and recommended it be replaced with 2004-04-22 Senate Journal Page 3011 SENATE CS FOR CS FOR HOUSE BILL NO. 213(FIN) Signing do pass: Senator Wilken, Cochair; Senators Dyson, Bunde, Ben Stevens. Signing no recommendation: Senator Green, Cochair; Senators Hoffman, Olson. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Administration The bill was referred to the Rules Committee. HCR 29 The Judiciary Committee considered HOUSE CONCURRENT RESOLUTION NO. 29 am Relating to support for therapeutic courts for repeat driving while under the influence offenders. Signing do pass: Senator Seekins, Chair; Senators Ellis, French, Ogan. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Alaska Court System The resolution was referred to the Rules Committee. Introduction and Reference of Senate Resolutions SJR 34 SENATE JOINT RESOLUTION NO. 34 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE SENATE SPECIAL COMMITTEE ON WORLD TRADE AND STATE/FEDERAL RELATIONS, Sending a message of goodwill to President Chen Shui-bian, and reaffirming the Alaska State Legislature's 2003 resolution urging the United States Congress to support the granting of official Observer Status to the Republic of China and to support negotiation of a free trade agreement with the Republic of China. 2004-04-22 Senate Journal Page 3012 was read the first time and referred to the Senate Special Committee on World Trade and State/Federal Relations and State Affairs Committee. Introduction and Reference of Senate Bills SB 394 SENATE BILL NO. 394 BY THE SENATE RULES COMMITTEE, entitled: "An Act relating to a port development project on Lynn Canal, providing legislative approval for the Alaska Industrial Development and Export Authority to issue bonds for the project; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 337 SENATE BILL NO. 337 "An Act relating to the powers of the Alaska Energy Authority to make grants and loans and enter into contracts; relating to the bulk fuel revolving loan fund; relating to the Alaska Energy Authority's liability for the provision of technical assistance to rural utilities; relating to the Alaska Energy Authority's investment of the power development fund; repealing the electrical service extension fund; and providing for an effective date" was read the second time. Senator Bunde, Chair, moved and asked unanimous consent for the adoption of the Labor and Commerce Committee Substitute offered on page 2704. Senator Ellis objected, then withdrew his objection. There being no further objection, CS FOR SENATE BILL NO. 337(L&C) "An Act relating to the powers of the Alaska Energy Authority to make grants and loans, to enter into contracts, and to improve, equip, 2004-04-22 Senate Journal Page 3013 operate, and maintain bulk fuel, waste energy, energy conservation, energy efficiency, and alternative energy facilities and equipment; relating to the bulk fuel revolving loan fund; relating to the Alaska Energy Authority's liability for the provision of technical assistance to rural utilities; relating to the Alaska Energy Authority's investment of the power development fund; repealing the electrical service extension fund; and providing for an effective date" was adopted. Senator Ben Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. President Therriault stated CS FOR SENATE BILL NO. 337(L&C) will be on the April 23 calendar. House Bills in Second Reading HB 375 SENATE CS FOR CS FOR HOUSE BILL NO. 375(FIN) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date" which had been held in second reading (page 2989) was before the Senate. Senator Green offered Amendment No. 1 : Page 2, following line 24: Insert new material to read: "It is the intent of the legislature that the Department of Administration, Office of the Governor, and other state agencies actively pursue implementation of the state procurement pilot program authorized by ch. 51, SLA 2003 (HB 313, Twenty-Third Alaska State Legislature). It is essential that state policy makers show strong leadership in reducing the cost of government at a time when the State of Alaska is facing a fiscal gap. The procurement pilot program provides an opportunity to address the fiscal condition of the state in a way that does not reduce program delivery. The procurement pilot program will reduce the costs associated with procurement and supply 2004-04-22 Senate Journal Page 3014 chain management, which are significant areas of the state's administrative costs and represent an area of potentially substantial cost savings in the future. As a basic administrative function, procurement and supply management represent appropriate opportunities for achieving cost savings through the use of process management specialists from the private sector and, when combined with electronic commerce tools, offer opportunities to reduce the amount of back-office overhead resources required to requisition, procure, and otherwise administer the acquisition of goods and services, as well as to reduce the actual costs of goods and services. Given the early indications of large potential cost savings to the state from the procurement pilot program, the legislature encourages the executive branch to actively pursue full implementation authorized by ch. 51, SLA 2003." Senator Green moved for the adoption of Amendment No. 1. Senator Elton objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 375(FIN) Second Reading Amendment No. 1 YEAS: 13 NAYS: 6 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Dyson, Green, Guess, Ogan, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Elton, French, Hoffman, Lincoln, Olson Absent: Ellis and so, Amendment No. 1 was adopted. Senator Green offered Amendment No. 2 : 2004-04-22 Senate Journal Page 3015 Page 51, following line 28: Insert a new bill section to read: "* Sec. 16. DEPARTMENT OF EDUCATION AND EARLY DEVELOPMENT. The sum of $836,666,500 is appropriated to the Department of Education and Early Development for the purposes described and allocated in the amounts listed from the general fund and from other sources in the amounts set out: PURPOSE ALLOCATION Foundation Program $775,398,200 Boarding Home Grants 185,900 Youth in Detention 1,100,000 Special Schools 6,425,200 Pupil Transportation 53,557,200 FUND SOURCE AMOUNT General Fund Receipts $803,928,200 Federal Impact Aid for K-12 Schools 20,791,000 Public School Trust Fund 11,947,300" Renumber the following bill sections accordingly. Page 57, following line 10: Insert a new section to read: "(b) The operating budget appropriation made to the University of Alaska for the fiscal year ending June 30, 2005, in sec. 36 of this Act includes amounts for salary and benefit adjustments for university employees who are not members of a collective bargaining unit and for implementing the monetary terms of the collective bargaining agreements with the following entities representing employees of the University of Alaska: (1) Alaska Higher Education Crafts and Trades Employees; (2) Alaska Community Colleges' Federation of Teachers; (3) United Academics; (4) United Academics-Adjuncts." Page 57, line 11: Delete "(b)" Insert "(c)" 2004-04-22 Senate Journal Page 3016 Page 60, line 22, following "ALASKA.": Insert "(a) The sum of $665,122,300 is appropriated to the University of Alaska for the purposes described and allocated in the amounts listed from the general fund and from other sources in the amounts set out: PURPOSE ALLOCATION Budget Reductions/Additions $ 45,793,400 - Systemwide Statewide Services 37,403,900 Statewide Networks (ITS) 13,551,900 Anchorage Campus 169,926,000 Kenai Peninsula College 7,720,000 Kodiak College 3,351,800 Matanuska-Susitna College 7,481,900 Prince William Sound 5,312,900 Community College Cooperative Extension 6,661,200 Service Bristol Bay Campus 2,313,600 Chukchi Campus 1,562,600 Fairbanks Campus 177,707,500 Fairbanks Organized Research 121,775,600 Interior-Aleutians Campus 2,990,200 Kuskokwim Campus 4,442,700 Northwest Campus 2,493,100 Rural College 6,863,800 Tanana Valley Campus 7,266,600 Juneau Campus 29,428,900 Ketchikan Campus 4,466,400 Sitka Campus 6,608,300 FUND SOURCE AMOUNT Federal Receipts $124,362,000 General Fund Match 2,777,300 General Fund Receipts 225,537,900 Inter-Agency Receipts 18,800,000 University of Alaska Restricted Receipts 234,190,000 Capital Improvement Project Receipts 4,762,200 Technical Vocational Education Program Receipts 2,868,900 University of Alaska Intra-Agency Transfers 51,824,000 (b)" 2004-04-22 Senate Journal Page 3017 Renumber the following bill sections accordingly. Page 61, lines 18 - 19: Delete " 16, 18(a), 19, 20(b) - (k), 20(m), 20(n), 24, 25, 26, 27, 32(l), 32(m), and 34" Insert "17, 19(a), 20, 21(b) - (k), 21(m), 21(n), 25, 26, 27, 28, 33(l), 33(m), and 35" Page 61, line 25: Delete "22, 27(a), and 38" Insert "23, 28(a), and 39" Page 61, line 26: Delete "sec. 40" Insert "sec. 41" Senator Green moved for the adoption of Amendment No. 2. Senator Ellis objected. Senator Davis moved for the adoption of the following amendment to Amendment No. 2 offered by Senators Davis, Ellis, Elton, Guess, Lincoln, Hoffman, Olson, French: Under Allocation, Foundation Program: Delete "$775,398,200" Insert "$777,898,200" Senator Green objected. Senator Guess called the Senate. The call was satisfied. The question being: "Shall the amendment to Amendment No. 2 be adopted?" The roll was taken with the following result: 2004-04-22 Senate Journal Page 3018 SCS CSHB 375(FIN) am S Second Reading Amendment to Amendment No. 2 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 amendment to Amendment No. 2 was not adopted. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 375(FIN) am S Second Reading Amendment No. 2 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Dyson, French, Green, Ogan, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Cowdery, Davis, Ellis, Elton, Guess, Hoffman, Lincoln, Olson and so, Amendment No. 2 was adopted. Senators Elton, Davis, Ellis, French, Guess, Hoffman, Lincoln, Olson offered Amendment No. 3 : Page 15, line 24, through page 20, line 28: Delete all material and insert: "* * * * * * * * * * * * * * * * * Department of Health and Social Services * * * * * * * * * * * * * * * * * * Alaskan Pioneer Homes 26,317,200 12,382,200 13,935,000 Alaskan Pioneer Homes 801,100 Management Pioneer Homes 25,516,100 Behavioral Health 138,270,600 21,388,300 116,882,300 AK Fetal Alcohol Syndrome 6,924,400 Program Alcohol Safety Action 1,140,300 Program (ASAP) 2004-04-22 Senate Journal Page 3019 It is the intent of the legislature that the Department of Health and Social Services collaborate with the Alaska Court System and ASAP providers to devise a system of centralized revenue collection from those persons assigned to ASAP screening and evaluation as a condition of their sentence in DWI and alcohol and drug related misdemeanors. The Department is directed to prepare a comprehensive plan to address the deficiencies in the current ASAP system, including a cost- benefit analysis of transitioning the Anchorage ASAP to a local nonprofit provider, an evaluation of which agency should logically manage the program, and a review of other states' ASAP programs. This report is to be provided to the legislature by January 10, 2005. Behavioral Health Medicaid 90,359,200 Services Behavioral Health Grants 13,671,900 Behavioral Health 6,158,100 Administration Community Action Prevention 2,050,100 & Intervention Grants Rural Services and Suicide 785,900 Prevention Psychiatric Emergency 670,800 Services Services to the Seriously 1,894,400 Mentally Ill Services for Severely 906,200 Emotionally Disturbed Youth Alaska Psychiatric Institute 13,709,300 Children's Services 123,020,500 41,317,800 81,702,700 Children's Medicaid Services 8,851,700 Children's Services 6,349,100 Management Children's Services Training 1,209,000 Front Line Social Workers 28,589,000 Family Preservation 9,035,600 Foster Care Base Rate 10,106,900 Foster Care Augmented Rate 1,626,100 Foster Care Special Need 3,914,100 Subsidized Adoptions & 19,732,900 Guardianship Residential Child Care 3,446,600 Infant Learning Program 3,358,200 Grants Women, Infants and Children 25,547,900 Children's Trust Programs 1,025,900 Child Protection Legal 227,500 Services 2004-04-22 Senate Journal Page 3020 Health Care Services 675,895,300 109,276,300 566,619,000 Medicaid Services 649,258,200 Catastrophic and Chronic 1,471,000 Illness Assistance (AS 47.08) Medical Assistance 6,474,700 Administration Health Purchasing Group 15,606,200 Hearings and Appeals 492,600 Women's and Adolescents' 2,592,600 Services Juvenile Justice 36,515,200 32,543,400 3,971,800 McLaughlin Youth Center 11,815,100 Mat-Su Youth Facility 1,519,300 Kenai Peninsula Youth 1,410,300 Facility Fairbanks Youth Facility 3,258,500 Bethel Youth Facility 2,769,400 Nome Youth Facility 1,174,700 Johnson Youth Center 2,432,600 Ketchikan Regional Youth 1,143,300 Facility Probation Services 8,683,900 Delinquency Prevention 2,308,100 Public Assistance 231,889,400 110,293,900 121,595,500 Alaska Temporary Assistance 44,796,900 Program Adult Public Assistance 57,161,400 Child Care Benefits 46,013,200 General Relief Assistance 1,499,000 Tribal Assistance Programs 8,381,400 Permanent Fund Dividend 15,949,900 Hold Harmless Energy Assistance Program 9,640,100 Public Assistance 2,733,900 Administration Public Assistance Field 26,996,700 Services Fraud Investigation 1,448,600 Quality Control 1,099,500 Work Services 16,168,800 Public Health 61,125,600 20,514,800 40,610,800 Nursing 18,842,800 Public Health 2,367,900 Administrative Services Certification and Licensing 1,605,000 Epidemiology 17,275,900 2004-04-22 Senate Journal Page 3021 Bureau of Vital Statistics 1,821,900 Community Health/Emergency 5,992,800 Medical Services Community Health Grants 2,214,900 Emergency Medical Services 1,760,100 Grants State Medical Examiner 1,272,400 Public Health Laboratories 4,656,600 Tobacco Prevention and 3,315,300 Control Senior and Disabilities 207,945,900 80,860,900 127,085,000 Services Senior and Disabilities 191,291,200 Medicaid Services Senior and Disabilities 4,333,400 Services Administration Protection, Community 2,587,700 Services, and Administration Nutrition, Transportation 6,582,100 and Support Services Home and Community Based 1,499,000 Care Senior Residential Services 815,000 Community Developmental 837,500 Disabilities Grants Departmental Support Services 43,755,700 9,555,400 34,200,300 Commissioner's Office 811,600 Office of Program Review 1,110,000 Rate Review 814,500 Administrative Support 10,138,300 Services Audit 224,600 Medicaid School Based 6,239,300 Administrative Claims Health Planning & 881,300 Facilities Management Health Planning and 3,526,100 Infrastructure Information Technology 14,301,700 Services Facilities Maintenance 2,584,900 Pioneers' Homes Facilities 2,125,000 Maintenance HSS State Facilities Rent 998,400 2004-04-22 Senate Journal Page 3022 Boards and Commissions 2,494,700 62,600 2,432,100 Alaska Mental Health Board 121,900 Commission on Aging 317,800 Governor's Council on 2,041,300 Disabilities and Special Education Pioneers Homes Advisory 13,700 Board Human Services Community 1,159,300 1,159,300 Matching Grant Human Services Community 1,159,300 Matching Grant It is the intent of the legislature that the Human Services Community Matching Grant funding will be phased out in equal reductions over a period of three year beginning in FY05. This phased reduction is to facilitate development of community focused initiatives to supplant dependency upon direct State funding. Community focused initiatives are most appropriate to direct specific resources to particular community needs, complementing the concentration of State resources on core public health and social services needs." Senator Elton moved for the adoption of Amendment No. 3. Senator Ben Stevens objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSHB 375(FIN) am S Second Reading Amendment No. 3 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, Amendment No. 3 failed. Amendment No. 4 was not offered. Senators Guess, Davis, Ellis, Elton, French, Hoffman, Lincoln, Olson offered Amendment No. 5 : 2004-04-22 Senate Journal Page 3023 Page 15, line 8: Delete "9,292,000" Insert "9,068,800" Delete "8,490,200" Insert "8,267,000" Page 15, line 11: Delete "583,200" Insert "360,000" Page 28, line 5: Delete "9,499,400" Insert "10,195,600" Delete "751,800" Insert "1,448,000" Page 28, line 10: Delete "9,299,400" Insert "9,995,600" Page 33, line 33: Delete "8,593,700" Insert "8,120,700" Delete "8,343,700" Insert "7,870,700" Page 34, line 6: Delete "922,400" Insert "449,400" Senator Guess moved for the adoption of Amendment No. 5. Senator Green objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: 2004-04-22 Senate Journal Page 3024 SCS CSHB 375(FIN) am S Second Reading Amendment No. 5 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, Amendment No. 5 failed. Senators Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson offered Amendment No. 6 : Page 15, line 27: Delete "1,548,389,400" Insert "1,548,589,400" Delete "439,354,900" Insert "439,554,900" Page 18, line 12: Delete "8,683,900" Insert "8,404,400" Page 18, line 13: Delete "2,308,100" Insert "2,279,300" Page 18, following line 13: Insert the following material: "ALLOCATIONS Youth Courts 508,300" Senator Davis moved for the adoption of Amendment No. 6. Senator Green objected. Senator Ellis called the Senate. The call was satisfied. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: 2004-04-22 Senate Journal Page 3025 SCS CSHB 375(FIN) am S Second Reading Amendment No. 6 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson, Stedman, Stevens G Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stevens B, Therriault, Wagoner, Wilken and so, Amendment No. 6 failed. Senators Olson, Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln offered Amendment No. 7 : Page 15, line 27: Delete "1,548,389,400" Insert "1,549,255,800" Delete "439,354,900" Insert "440,221,300" Page 19, line 12: Delete "3,315,300" Insert "4,181,700" Senator Olson moved for the adoption of Amendment No. 7. Senator Green objected. Senator Ellis called the Senate. The call was satisfied. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: SCS CSHB 375(FIN) am S Second Reading Amendment No. 7 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken 2004-04-22 Senate Journal Page 3026 and so, Amendment No. 7 failed. Senators Ellis, French, Davis, Guess, Lincoln, Hoffman, Olson offered Amendment No. 8 : Page 15, line 8: Delete "9,292,000" Insert "9,232,000" Delete "8,490,200" Insert "8,430,200" Page 15, line 11: Delete "583,200" Insert "523,200" Page 55, following line 21: Insert a new bill section to read: "* Sec. 25. DEPARTMENT OF LAW. The sum of $60,000 is appropriated from the general fund to the Department of Law for the fiscal year ending June 30, 2005, to pay for a special investigator to look into the activities underlying the ethics complaint against the former member of the Alaska Oil and Gas Conservation Commission, Randy Ruedrich." Renumber the following bill sections accordingly. Page 61, line 19: Delete "25, 26, 27, 32(l), 32(m), and 34" Insert "26, 27, 28, 33(l), 33(m), and 35" Page 61, line 25: Delete "27(a), and 38" Insert "28(a), and 39" Page 61, line 26: Delete "sec. 40" Insert "sec. 41" 2004-04-22 Senate Journal Page 3027 Senator Ellis moved for the adoption of Amendment No. 8. Senator Ben Stevens objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: SCS CSHB 375(FIN) am S Second Reading Amendment No. 8 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, Amendment No. 8 failed. Senators French, Davis, Ellis, Elton, Guess, Hoffman, Lincoln, Olson offered Amendment No. 9 : Page 27, line 24: Village Public Safety Officer Program Under Appropriation Items: Delete "5,803,100" Insert "6,223,100" Under General Funds: Delete "5,685,400" Insert "6,105,400" Page 27, line 26: Under VPSO Contracts, Allocations: Delete "5,436,400" Insert "5,866,400" Senator French moved for the adoption of Amendment No. 9. Senator Green objected. Senator Elton called the Senate. The call was satisfied. 2004-04-22 Senate Journal Page 3028 The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: SCS CSHB 375(FIN) am S Second Reading Amendment No. 9 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson, Therriault Nays: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman, Stevens B, Stevens G, Wagoner, Wilken and so, Amendment No. 9 failed. Senator Ellis offered Amendment No. 10 : Page 55, following line 21: Insert a new bill section to read: "* Sec. 25. DEPARTMENT OF NATURAL RESOURCES. The sum of $10,000,000 is appropriated from the general fund to the Department of Natural Resources for the fiscal year ending June 30, 2005, for the repurchase of leases issued before November 1, 2003, for shallow natural gas exploration and development." Renumber the following bill sections accordingly. Page 61, line 19: Delete "25, 26, 27, 32(l), 32(m), and 34" Insert "26, 27, 28, 33(l), 33(m), and 35" Page 61, line 25: Delete "27(a), and 38" Insert "28(a), and 39" Page 61, line 26: Delete "sec. 40" Insert "sec. 41" 2004-04-22 Senate Journal Page 3029 Senator Ellis moved for the adoption of Amendment No. 10. Senator Ben Stevens objected. Senator Ben Stevens moved to table Amendment No. 10. Senator Ellis objected. Senator Ben Stevens moved to withdraw the motion. Without objection, it was so ordered. Senator Ben Stevens called for the question. Without objection, it was so ordered. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: SCS CSHB 375(FIN) am S Second Reading Amendment No. 10 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Davis, Ellis, Elton, French, Guess, Lincoln, Olson, Stevens G Nays: Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Seekins, Stedman, Stevens B, Therriault, Wagoner, Wilken and so, Amendment No. 10 failed. Senators French, Davis, Ellis, Elton, Guess, Hoffman, Lincoln, Olson offered Amendment No. 11 : Page 5, line 33: Insert: Safe Communities Program Under Appropriation Items: Insert "29,630,000" Under General Fund: Insert "29,630,000" Safe Communities Program Under Allocations: Insert "29,630,000" Senator French moved for the adoption of Amendment No. 11. Senator Wilken objected. 2004-04-22 Senate Journal Page 3030 The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: SCS CSHB 375(FIN) am S Second Reading Amendment No. 11 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, Amendment No. 11 failed. Senators French, Davis, Ellis, Elton, Guess, Hoffman, Lincoln, Olson offered Amendment No. 12 : Page 55, line 5: Following "Sec. 23." Insert: MUNICIPAL GRANTS - PUBLIC EMPLOYEE RETIREMENT SYSTEM. The sum of $19,523,676 is appropriated from the general fund to the Department of Community and Economic Development for municipal grants under AS 37.05.315 to the municipalities listed, in the amounts set out, to pay the additional costs of participation in the public employees retirement system for the fiscal year ending June 30, 2005: MUNICIPALITY AMOUNT AKUTAN, CITY OF 14,397 ALEUTIANS EAST BOROUGH 48,725 ALLAKAKET, CITY OF 2,472 ANCHORAGE, MUNICIPALITY OF 6,378,647 ANDERSON, CITY OF 1,936 ANGOON, CITY OF 15,383 ATKA, CITY OF 3,575 BARROW, CITY OF 51,844 BETHEL, CITY OF 226,887 BRISTOL BAY BOROUGH 68,401 2004-04-22 Senate Journal Page 3031 CORDOVA, CITY 221,400 CRAIG, CITY OF 91,052 DELTA JUNCTION, CITY OF 3,296 DENALI BOROUGH 28,427 DILLINGHAM. CITY OF 117,773 EGEGIK, CITY OF 4,893 ELIM, CITY OF 8,752 FAIRBANKS NORTH STAR BOROUGH 836,777 FAIRBANKS, CITY OF 294,821 FORT YUKON, CITY OF 14,788 GALENA, CITY OF 66,031 HAINES BOROUGH 101,877 HOMER, CITY OF 236,933 HOONAH, CITY OF 31,908 HOOPER BAY, CITY OF 29,633 HUSLIA, CITY OF 4,614 JUNEAU, CITY AND BOROUGH OF 2,161,642 KACHEMAK, CITY OF 2,958 KAKE, CITY OF 14,595 KALTAG, CITY OF 1,426 KENAI PENINSULA BOROUGH 603,141 KENAI, CITY OF 268,479 KETCHIKAN GATEWAY BOROUGH 198,911 KETCHIKAN, CITY OF 401,024 KING COVE, CITY OF 51,757 KLAWOCK, CITY OF 41,017 KODIAK ISLAND BOROUGH 109,592 KODIAK, CITY OF 283,170 KOTZEBUE, CITY OF 156,931 KOYUK, CITY OF 1,073 LAKE AND PENINSULA BOROUGH 31,635 MATANUSKA-SUSITNA BOROUGH 478,314 NENANA, CITY OF 18,693 NOME. CITY & UTILITIES 173,791 NOORVIK, CITY OF 17,595 NORTH POLE, CITY OF 103,679 2004-04-22 Senate Journal Page 3032 NORTH SLOPE BOROUGH 2,370,268 NORTHWEST ARCTIC BOROUGH 35,037 PALMER, CITY OF 128,200 PELICAN, CITY OF 6,324 PETERSBURG, CITY 478,888 QUINHAGAK, CITY OF 1,497 RUBY, CITY OF 5,933 SAINT GEORGE, CITY OF 18,307 SAINT MARY'S, CITY OF 15,325 SAINT PAUL, CITY OF 68,340 SAND POINT, CITY OF 37,903 SAXMAN SEAPORT 1,924 SAXMAN, CITY OF 20,762 SELAWICK, CITY OF 3,872 SELDOVIA, CITY OF 4,818 SEWARD, CITY OF 186,025 SITKA, CITY, BOROUGH, 792,470 SKAGWAY, CITY OF 69,924 SOLDOTNA, CITY OF 134,473 TANANA, CITY OF 10,881 THORNE BAY, CITY OF 13,993 TOKSOOK BAY, CITY OF 850 UNALAKLEET, CITY OF 13,207 UNALASKA, CITY OF 475,450 VALDEZ, CITY OF 246,455 WASILLA, CITY OF 167,369 WHITTIER, CITY OF 47,221 WRANGELL, CITY OF 121,342 YAKUTAT, CITY AND BOROUGH OF 21,956 Renumber following sections accordingly. Senator French moved for the adoption of Amendment No. 12. Senator Ben Stevens objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: 2004-04-22 Senate Journal Page 3033 SCS CSHB 375(FIN) am S Second Reading Amendment No. 12 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, Amendment No. 12 failed. Senator Ben Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 375(FIN) am S was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 375(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 375(FIN) am S Third Reading - Final Passage YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson and so, SENATE CS FOR CS FOR HOUSE BILL NO. 375(FIN) am S passed the Senate. Senator Ben Stevens moved for the adoption of the effective date clauses. 2004-04-22 Senate Journal Page 3034 The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: SCS CSHB 375(FIN) am S Effective Date Clauses YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, the effective date clauses were adopted. Senator Ben Stevens moved that the constitutional budget reserve fund section(s) be adopted. The question being: "Shall the constitutional budget reserve fund section(s) (Article IX, Section 17(c) Constitution of the State of Alaska) be adopted?" The roll was taken with the following result: SCS CSHB 375(FIN) am S Adopt Budget Reserve Fund Section(s)? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson and so, the constitutional budget reserve fund section(s) failed to be adopted. Senator Ellis gave notice of reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 375(FIN) am S(brf sup maj fld S) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." 2004-04-22 Senate Journal Page 3035 HB 377 SENATE CS FOR CS FOR HOUSE BILL NO. 377(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date" which had been held in second reading (page 2989) was before the Senate. Senator Ben Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 377(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 377(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 377(FIN) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, SENATE CS FOR CS FOR HOUSE BILL NO. 377(FIN) passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. 2004-04-22 Senate Journal Page 3036 Citations Honoring - West High School Basketball Team Senator(s) French, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken Representative(s) Berkowitz Honoring - Business of the Year - Hospitality Unlimited, Kay Sims and Terry Wanzer Senator(s) Stedman, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens, Wagoner, Wilken Honoring - Ketchikan High School Boys Basketball Team, 2004 Region V Class 4A Champions Senator(s) Stedman, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens, Wagoner, Wilken Commemorating - National Be Kind to Animals Week, May 3 - 9 Representative(s) Meyer Senator(s) Cowdery, Therriault, Bunde, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken Honoring - Skagway High Lady Panthers, 2004 Southeast Region V, 2(A) Champions Representative(s) Kookesh Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Olson, Seekins, Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken Honoring - Robert (Bobby) Duncan, Sr. Representative(s) Kookesh Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Olson, Seekins, Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken 2004-04-22 Senate Journal Page 3037 Honoring - Carroll Fader Representative(s) Williams Senator(s) Stedman, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens, Wagoner, Wilken th Honoring - John and Judy Lucas, Made in Alaska Program, 13 Annual Manufacturer of the Year Representative(s) Ogg Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Wagoner, Wilken th Honoring - Vi Redington's 80 Birthday, July 17, 2004 Representative(s) Masek Senator(s) Ogan, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken Honoring - Lyndon O. Sikes Representative(s) Hawker Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken Honoring - Chuck Strauss, Presidential Award for Excellence in Mathematics and Science Teaching Representative(s) Dahlstrom, Stoltze, Hawker Senator(s) Dyson, Ogan, Bunde, Therriault, Cowdery, Davis, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken Honoring - Wainwright Huskies, State 1A Class Basketball Championship Representative(s) Joule Senator(s) Olson, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Seekins, Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken 2004-04-22 Senate Journal Page 3038 In Memoriam - Louis Onee Minard Senator(s) Stedman, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens, Gary Stevens, Wagoner, Wilken In Memoriam - Manuel "Manny" De La Cruz Representative(s) Joule Senator(s) Olson, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Seekins, Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken In Memoriam - Patrick J. Ferree Representative(s) Stepovich Senator(s) Wilken, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Gary Stevens, Wagoner In Memoriam - Robert Joseph Freeman Representative(s) Ogg Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Wagoner, Wilken In Memoriam - Patrick Podvin Representative(s) McGuire Senator(s) Ben Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Gary Stevens, Wagoner, Wilken In Memoriam - Anne White Representative(s) Ogg Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Wagoner, Wilken In Memoriam - Josephine Paul Representative(s) Kookesh Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Olson, Seekins, Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken 2004-04-22 Senate Journal Page 3039 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 Reconsideration of Senate Bills SB 219 Senator Lincoln requested that the reconsideration on CS FOR SENATE BILL NO. 219(JUD) am be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 219(JUD) am "An Act relating to offenses against unborn children" pass the Senate?" The roll was taken with the following result: CSSB 219(JUD) am Third Reading - On Reconsideration YEAS: 14 NAYS: 5 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Lincoln Absent: Guess and so, CS FOR SENATE BILL NO. 219(JUD) am passed the Senate on reconsideration and was referred to the Secretary for engrossment. SB 382 Senator Ellis requested that the reconsideration on CS FOR SENATE BILL NO. 382(CRA) am be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 382(CRA) am "An Act relating to replat approval; relating to the platting of right-of-way acquired through eminent domain proceedings; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2004-04-22 Senate Journal Page 3040 CSSB 382(CRA) am Third Reading - On Reconsideration Effective Date YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Hoffman Absent: Guess and so, CS FOR SENATE BILL NO. 382(CRA) am passed the Senate on reconsideration. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Unfinished Business (continued) President Therriault made the following appointment in conjunction with Speaker Kott: State Council for Interstate Adult Offender Supervision Representative Samuels, ex officio, non-voting member Senator Ellis moved and asked unanimous consent to be excused from a call of the Senate to morning plane time, on April 26. Without objection, Senator Ellis was excused. HB 334 Senators Dyson, Lincoln, Seekins, Wagoner, Stedman, Cowdery, Bunde, Davis moved and asked unanimous consent to be shown as cross sponsors on CS FOR HOUSE BILL NO. 334(RLS) "An Act relating to unlawful exploitation of a minor and to distribution of child pornography." Without objection, it was so ordered. 2004-04-22 Senate Journal Page 3041 SB 69 The reconsideration on CS FOR SENATE BILL NO. 69(RES) "An Act relating to participation in matters before the Board of Fisheries by members of the board; and providing for an effective date" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. HB 414 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 414(JUD) "An Act relating to filling a vacancy in the office of United States senator, and to the definition of 'political party'; and providing for an effective date" 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 69 CS FOR SENATE BILL NO. 69(RES) "An Act relating to participation in matters before the Board of Fisheries by members of the board; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 219 CS FOR SENATE BILL NO. 219(JUD) am "An Act relating to offenses against unborn children" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 382 CS FOR SENATE BILL NO. 382(CRA) am "An Act relating to replat approval; relating to the platting of right-of-way acquired through eminent domain proceedings; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2004-04-22 Senate Journal Page 3042 HB 377 SENATE CS FOR CS FOR HOUSE BILL NO. 377(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 414 SENATE CS FOR CS FOR HOUSE BILL NO. 414(JUD) "An Act relating to filling a vacancy in the office of United States senator, and to the definition of 'political party'; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. Adjournment Senator Ben Stevens moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., April 23, 2004. Without objection, the Senate adjourned at 5:41 p.m. Kirsten Waid Secretary of the Senate July 2004 2004-04-22 Senate Journal Page 3043 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 23 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled Apr 26 Monday Fahrenkamp 203 1:30 PM No Meeting Scheduled Apr 28 Wednesday Fahrenkamp 203 1:30 PM No Meeting Scheduled Apr 30 Friday Fahrenkamp 203 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE Apr 22 Thursday Senate Finance 532 9:00 AM += SB 31 RAILROAD UTILITY CORRIDOR TO & IN CANADA += SB 366 STATE SALES TAX <Bill Hearing Canceled> + SB 385 SECURITY;DIV. HOMELAND SECURITY/EMER. MGT + SB 378 POLLUTION DISCHARGE & WASTE TRMT/DISPOSAL + Bills Previously Heard/Scheduled += HB 213 PROVISIONAL DRIVER'S LICENSE += SB 311 INSURANCE & WORKERS' COMPENSATION SYSTEM 2004-04-22 Senate Journal Page 3044 FINANCE (continued) Apr 23 Friday Senate Finance 532 9:00 AM += SB 257 APPROP: CAPITAL PROJECTS <Bill Hearing Postponed> + SB 364 LIMIT STATE AID FOR MENTAL HEALTH CARE <Bill Hearing Postponed> + SB 278 LABOR & WORKFORCE DEVELOPMENT FEES <Bill Hearing Postponed> + SB 372 SECONDARY SCHOOL ASSESSMENTS <Pending Referral> + Bills Previously Heard/Scheduled += SB 311 INSURANCE & WORKERS' COMPENSATION SYSTEM Apr 26 Monday Senate Finance 532 9:00 AM += SB 368 TOBACCO TAX; LICENSING; PENALTIES += SB 364 LIMIT STATE AID FOR MENTAL HEALTH CARE += SB 278 LABOR & WORKFORCE DEVELOPMENT FEES += SB 231 DECREASE TIME TO CLAIM UNCLAIMED PROPERTY += HB 347 EXEMPT TAXIS FROM VEHICLE RENTAL TAX + Bills Previously Heard/Scheduled Apr 27 Tuesday Senate Finance 532 9:00 AM + SB 272 DEFERRED DEPOSIT ADVANCES (PAYDAY LOANS) + SB 379 PERM FUND BOARD PUBLIC MEMBER REMOVAL + SB 393 TAKE PERM FUND DIVIDEND FOR UNIV FEES += SB 306 NATUROPATHIC MEDICINE += SB 307 APPEAL BONDS: TOBACCO SETTLEMENT PARTIES += SB 65 CORRECTIONAL FACILITY EXPANSION + Bills Previously Heard/Scheduled Apr 28 Wednesday Senate Finance 532 9:00 AM + SB 281 GENETICALLY MODIFIED FISH + SB 282 PREPARED FOOD:WILD/FARMED FISH DISCLOSURE + SB 392 REGULATORY COMMISSION OF ALASKA + HB 486 MINING RECLAMATION ASSURANCES/FUND + Bills Previously Heard/Scheduled Apr 29 Thursday Senate Finance 532 9:00 AM + SB 284 PF DIVIDEND APPLICATION RECORDS PRIVATE + SB 349 MIDWIFERY BIRTH CENTER LICENSING + Bills Previously Heard/Scheduled 2004-04-22 Senate Journal Page 3045 FINANCE (continued) Apr 30 Friday Senate Finance 532 9:00 AM + SB 232 RETIREMENT:TEACHERS/JUDGES/PUB EMPLOYEES + HB 123 ALASKA WORKFORCE INVESTMENT BOARD + HB 503 TOBACCO MASTER SETTLEMENT AGREEMENT + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Apr 23 Friday Butrovich 205 1:30 PM -- Meeting Canceled -- + Bills Previously Heard/Scheduled Apr 26 Monday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled Apr 28 Wednesday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled Apr 30 Friday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY Apr 23 Friday Butrovich 205 8:00 AM + HB 378 FOOD, DRUGS, COSMETICS, CERTAIN DEVICES + HB 29 REAL PROPERTY TRANSACTIONS/LICENSEES <Pending Referral> += SB 246 HATE CRIMES/DISCRIMINATION/TOLERANCE PROG + Bills Previously Heard/Scheduled Apr 26 Monday Butrovich 205 8:00 AM + SB 388 CIVIL LEGAL SERVICES FUND + HB 188 BAIL SCHEDULE FOR SKIING VIOLATION + HB 25 HEALTH CARE SERVICES DIRECTIVES + Bills Previously Heard/Scheduled 2004-04-22 Senate Journal Page 3046 JUDICIARY (continued) Apr 27 Tuesday Butrovich 205 8:00 AM + HB 385 AWARDING CHILD CUSTODY + HB 227 DISTRICT COURTS & SMALL CLAIMS + HB 428 CIVIL PENALTY: UNDERAGE ALCOHOL PURCHASES + Bills Previously Heard/Scheduled Apr 28 Wednesday Butrovich 205 8:00 AM + Confirmation Hearings:Violent Crimes Compensation Board David Ingraham & Gerad Godfrey Board of Governors of the Alaska Bar: Joe N. Faulhaber Commission of Judicial Conduct Peter J. Aschenbrenner & Thomas G. Nave + HB 15 SOLICITATIONS/CONSUMER PROTECTION += HB 29 REAL PROPERTY TRANSACTIONS/LICENSEES <Pending Referral> + Bills Previously Heard/Scheduled Apr 29 Thursday Butrovich 205 8:00 AM -- Agenda to be Announced -- + Bills Previously Heard/Scheduled Apr 30 Friday Butrovich 205 8:00 AM -- Agenda to be Announced -- + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Apr 22 Thursday Beltz 211 1:30 PM -- Meeting Postponed -- += SB 218 STATE PROCUREMENT PILOT PROGRAM <Bill Hearing Postponed> + HB 351 CARBON MONOXIDE DETECTION DEVICES + HB 339 TRADE PRACTICES: FREE TRIAL/OPT-OUT PLANS + HB 464 EXTEND BOARD OF REAL ESTATE APPRAISERS + HB 419 REGIONAL SEAFOOD DEVELOPMENT ASS'NS./TAX + HB 540 WORKERS' COMPENSATION INSURANCE RATES <Pending Referral> + Bills Previously Heard/Scheduled Including, but not Limited to: += HB 29 REAL PROPERTY TRANSACTIONS/LICENSEES += SB 369 UNIV. STUDENT PRACTICUM LIABILITY/WAGES 2004-04-22 Senate Journal Page 3047 LABOR & COMMERCE (continued) Apr 27 Tuesday Beltz 211 1:30 PM HB 549 UNSOLICITED COMMUNICATION:AIRCRAFT CRASH Bills Previously Heard/Scheduled Including, but not Limited to: = SB 377 STATE MECHANICAL CODE -- Teleconference <Listen Only> -- += HB 29 REAL PROPERTY TRANSACTIONS/LICENSEES -- Teleconference <Listen Only> -- += HB 305 UNEMPLOYMENT COMPENSATION BENEFITS -- Teleconference <Listen Only> -- += SB 254 TOURISM & RECREATION ASSESSMENT += SB 369 UNIV. STUDENT PRACTICUM LIABILITY/WAGES += HB 464 EXTEND BOARD OF REAL ESTATE APPRAISERS += HB 419 REGIONAL SEAFOOD DEVELOPMENT ASS'NS./TAX += HB 351 CARBON MONOXIDE DETECTION DEVICES += HB 339 TRADE PRACTICES: FREE TRIAL/OPT-OUT PLANS += HB 540 WORKERS' COMPENSATION INSURANCE RATES <Pending Referral> Apr 29 Thursday Beltz 211 1:30 PM Bills Previously Heard/Scheduled Premera/Blue Cross Blue Shield Conversion "An Overview So Far" Confirmation Hearings: Alcoholic Beverage Control Board State Assessment Review Board Board of Marine Pilots Alaska Workers' Compensation Board + HB 430 EMPLOYEES UNDER 21 AT LICENSED PREMISES + HB 423 TAXICAB DRIVER LIABILITY + HB 418 EXTEND REAL ESTATE COMMISSION ---------------------------------------- RESOURCES Apr 23 Friday Butrovich 205 3:30 PM -- Meeting Canceled -- + Bills Previously Heard/Scheduled 2004-04-22 Senate Journal Page 3048 RESOURCES (continued) Apr 26 Monday Butrovich 205 3:30 PM += SB 132 MINTO FLATS GAME REFUGE & TOWNSITE + Bills Previously Heard/Scheduled Apr 28 Wednesday Butrovich 205 3:30 PM + HB 417 AK NATURAL GAS DEV. AUTHORITY INITIATIVE + Bills Previously Heard/Scheduled Apr 30 Friday Butrovich 205 3:30 PM += SB 312 CONVENTIONAL & NONCONVENTIONAL GAS LEASES + HB 522 SMALL CRUISE SHIP DISCHARGES + Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS Apr 22 Thursday Beltz 211 3:30 PM -- Meeting Canceled -- + HJR 41 LAND RECREATIONAL VISITOR PROTECTION ACT + HB 496 YOUTH VOTE AMBASSADOR PROG/ELECTION BDS + HB 373 STATE TREASURY WARRANTS + Bills Previously Heard/Scheduled Apr 27 Tuesday Beltz 211 3:30 PM + SJR 33 CONGRESSIONAL VOTE ON JUDICIAL NOMINATION + HB 534 MAKE OFFICE OF VICTIMS RIGHTS PERMANENT + HB 334 UNLAWFUL EXPLOITATION OF MINOR/CHILD PORN + HB 405 SCHOOL PERFORMANCE DESIGNATION/REPORT + HB 438 MOVE OVER LAW FOR DRIVERS Bills Previously Heard/Scheduled Apr 29 Thursday Beltz 211 3:30 PM + HJR 36 MITIGATING GLACIER BAY FISHING CLOSURES + HB 273 PARENTS' WAIVER OF CHILD'S SPORTS CLAIM + HB 467 COMMEMORATIVE QUARTERS COMMISSION + HB 476 AK STATEHOOD CELEBRATION COMMISSION + HB 353 JURY DUTY EXEMPTION FOR CERTAIN TEACHERS Bills Previously Heard/Scheduled ---------------------------------------- 2004-04-22 Senate Journal Page 3049 TRANSPORTATION Apr 22 Thursday Butrovich 205 1:30 PM -- Meeting Canceled -- Bills Previously Heard/Scheduled Apr 27 Tuesday Butrovich 205 1:30 PM SB 391 DALTON HIGHWAY TRAP LINE ACCESS SCR 25 STATE CONSTRUCTION/MAINTENANCE CONTRACTS SB 394 AIDEA BONDS FOR LYNN CANAL PORT Apr 29 Thursday Butrovich 205 1:30 PM Bills Previously Heard/Scheduled ---------------------------------------- SPECIAL COMMITTEES WORLD TRADE AND STATE/FEDERAL RELATIONS Apr 26 Monday Beltz 211 4:00 PM SJR 34 TAIWAN STATUS AND PRESIDENT ---------------------------------------- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT Apr 22 Thursday House Finance 519 12:00 PM -- Meeting Postponed to 04/27/04-- ASCG's Final Draft of the Veteran's Home Feasibility Study Apr 27 Tuesday House Finance 519 7:00 AM ASCG's Final Draft of the Veteran's Home Feasibility Study ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS Apr 22 Thursday Anch Lio Conf Rm 8:30 AM -- Teleconference <Listen Only> -- **SUBCOMMITTEE MEETING** + Open Meetings 2004-04-22 Senate Journal Page 3050 JOINT COMMITTEES (continued) SELECT COMMITTEE ON LEGISLATIVE ETHICS (continued) Apr 23 Friday Anch Lio Conf Rm 8:00 AM + Advisory Opinions <Testimony by Invitation Only> Apr 27 Tuesday Anch Lio Conf Rm 8:00 AM -- Teleconference <Listen Only> -- <Subcommittee Meeting> OPEN MEETINGS May 07 Friday Capitol 120 8:00 AM + Full Committee Meeting: Open Session Advisory Opinion 04-03 <Public Comment by Invitation Only> Open Meetings