Legislature(2003 - 2004)

2004-04-26 Senate Journal

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2004-04-26                     Senate Journal                      Page 3069
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                     Monday                     April 26, 2004                      
                                                                                                    
                            One Hundred Sixth Day                                                
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:10 a.m.                                                                            
                                                                                                    
The roll showed nineteen members present. Senator Hoffman was                                       
absent.                                                                                             
                                                                                                    
The prayer was offered by the Chaplain, Saralyn Tabachnick of the                                   
Jewish Community of Juneau. Senator Olson moved and asked                                           
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
     Alaskans enjoy a rich diversity of religious and spiritual                                     
     beliefs, and it is with deep respect for all that I offer this                                 
     prayer on behalf of and for the Senators as they seek to know                                  
     and do the highest good for Alaska and the Nation, in the                                      
     work of the Senate.                                                                            
                                                                                                    
     Please guide us and open our hearts so that we are able to                                     
     listen with compassion and understanding, to speak calmly                                      
     and with kindness, to look not for right and wrong but rather                                  
     to attend to what is fair and just.                                                            
                                                                                                    
     In representing the well being, welfare and dignity of all                                     
     citizens living throughout the state, from those in cities of                                  
     tens of thousands to those in villages of tens and hundreds,                                   
     teach us all to be equal contributors to the beauty of the                                     
     whole, to discover our unique qualities and to express them in                                 
     ways that exemplify harmony and truth.                                                         
                                                                                                    
     We live in a state rich with beauty and splendor of the natural                                
     world. Let us honor the magnificence of life in us as in                                       
     nature, and may we be a source of peace, joy and light each in                                 
     our own lives, and in the lives of one another.               Amen.                           

2004-04-26                     Senate Journal                      Page 3070
Senator Wilken led the Senate in the Pledge of Allegiance.                                          
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journals for the one hundred third through one hundred fifth legislative                            
days be approved as certified by the Secretary. Without objection, it                               
was so ordered.                                                                                     
                                                                                                    
The presence of Senator Hoffman was noted.                                                          
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
HB 478                                                                                            
Message dated and received April 23 was read, stating the Governor                                  
signed the following bill and transmitted the engrossed and enrolled                                
copies to the Lieutenant Governor's Office for permanent filing:                                    
                                                                                                    
          HOUSE BILL NO. 478 "An Act relating to the                                                
          issuance of commercial fishing interim-use permits;                                       
          and providing for an effective date."                                                     
                                                                                                    
                             Chapter 20, SLA 2004                                                  
                          Effective Date: 04/24/2004                                               
                                                                                                    
SB 264                                                                                            
Message dated and received April 23 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 BILL NO. 264 "An Act repealing the time                                            
          limitation on the authority of the Department of                                          
          Natural Resources to enter into agreements with a                                         
          person or persons desiring to own an oil or natural                                       
          gas pipeline proposed to be located on state land for                                     
          the purposes of providing for payment of the                                              
          reasonable  costs  incurred  in preparing  for activities                                
                                                                                                    

2004-04-26                     Senate Journal                      Page 3071
          before receipt of an application under the Alaska                                         
          Right-of-Way Leasing Act; and providing for an                                            
          effective date."                                                                          
                                                                                                    
                             Chapter 21, SLA 2004                                                  
                         Effective Date: See Chapter                                               
                                                                                                    
HB 282                                                                                            
Message dated and received April 23 was read, stating the Governor                                  
signed the following bill and transmitted the engrossed and enrolled                                
copies to the Lieutenant Governor's Office for permanent filing:                                    
                                                                                                    
          HOUSE BILL NO. 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."                                                                                
                                                                                                    
                             Chapter 22, SLA 2004                                                  
                           Effective Date: 07/22/04                                                
                                                                                                    
SB 201                                                                                            
Message dated and received April 23 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 SENATE BILL NO. 201(HES) "An Act                                                   
          relating to home care and respite care; and providing                                     
          for an effective date."                                                                   
                                                                                                    
                             Chapter 23, SLA 2004                                                  
                          Effective Date: 04/24/2004                                               
                                                                                                    
HB 394                                                                                            
Message dated and received April 23 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:                                    
                                                                                                    

2004-04-26                     Senate Journal                      Page 3072
          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."                                        
                                                                                                    
                             Chapter 24, SLA 2004                                                  
                           Effective Date: 07/22/04                                                
                                                                                                    
HB 340                                                                                            
Message dated and received April 23 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. 340(JUD) am "An Act                                                 
          relating to damages in an action for a defect in the                                      
          design, construction, and remodeling of certain                                           
          dwellings; and providing for an effective date."                                          
                                                                                                    
                             Chapter 25, SLA 2004                                                  
                          Effective Date: 07/01/2004                                               
                                                                                                    
Letter dated and received April 23 was read, stating in accordance                                  
with AS 39.05.080, I submit the following names for legislative                                     
confirmation of appointment to boards and commissions set out                                       
below:                                                                                              
                                                                                                    
State Board of Registration for Architects, Engineers and Land                                    
Surveyors                                                                                         
Craig Fredeen  -  Eagle River                                                                       
     Appointed: 4/22/2004 Term Expires: 3/1/2008                                                    
                                                                                                    
Board of Barbers and Hairdressers                                                                 
Debra Long  -  Fairbanks                                                                            
     Appointed: 4/22/2004 Term Expires: 3/1/2008                                                    
Joylene A. Marrs  -  Anchorage                                                                      
     Appointed: 4/25/2003 Reappointed: 4/22/2004                                                    
     Term Expires: 3/1/2008                                                                         
Angela J. Rosas  -  Houston                                                                         
     Appointed: 4/22/2004 Term Expires: 3/1/2008                                                    
Larry Allen Ungerecht  -  Anchorage                                                                 
     Appointed: 11/29/2000 Reappointed: 4/22/2004                                                   
     Term Expires: 3/1/2008                                                                         

2004-04-26                     Senate Journal                      Page 3073
The appointments were referred to the Labor and Commerce                                            
Committee.                                                                                          
                                                                                                    
Board of Governors of the Alaska Bar Association                                                  
Michael J. Hurley  -  Anchorage                                                                     
     Appointed: 4/22/2004 Term Expires: 3/1/2007                                                    
                                                                                                    
The appointment was referred to the Judiciary Committee.                                            
                                                                                                    
Board of Nursing                                                                                  
James E. Jurrens  -  Juneau                                                                         
     Appointed: 3/25/2003 Reappointed: 4/22/2004                                                    
     Term Expires: 3/1/2007                                                                         
                                                                                                    
Professional Teaching Practices Commission                                                        
Kimberly (Kim) Jockusch  -  Anchorage                                                               
     Appointed: 2/19/2003 Reappointed: 4/22/2004                                                    
     Term Expires: 3/1/2007                                                                         
Dr. Donna Peterson  -  Soldotna                                                                     
 Appointed: 7/1/2001  Reappointed: 4/22/2004                                                        
     Term Expires: 3/1/2007                                                                         
                                                                                                    
Board of Social Work Examiners                                                                    
Darrell Allman  -  Anchorage                                                                        
     Appointed: 4/22/2004 Term Expires: 3/1/2008                                                    
Mildred D. (Tammy) Townsend  -  Anchorage                                                           
     Appointed: 4/22/2004 Term Expires: 3/1/2007                                                    
                                                                                                    
The appointments were referred to the Health, Education and Social                                  
Services Committee.                                                                                 
                                                                                                    
The resumes for these appointments have been submitted to the                                       
Offices of the Senate Secretary and the Chief Clerk.                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-26                     Senate Journal                      Page 3074
                           Messages from the House                                               
                                                                                                    
HCR 31                                                                                            
Message dated April 23 was read, stating the House concurred in the                                 
Senate amendment to CS FOR HOUSE CONCURRENT                                                         
RESOLUTION NO. 31(HES) Proclaiming April 2004 as Traumatic                                          
Brain Injury Awareness Month, thus adopting:                                                        
                                                                                                    
          SENATE CS FOR CS FOR HOUSE                                                                
          CONCURRENT RESOLUTION NO. 31(HES) am S                                                    
          Proclaiming June 2004 as Traumatic Brain Injury                                           
          Awareness Month.                                                                          
                                                                                                    
Message dated April 23 was read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HCR 32                                                                                            
CS FOR HOUSE CONCURRENT RESOLUTION NO. 32(EDT) am                                                   
BY THE HOUSE SPECIAL COMMITTEE ON ECONOMIC                                                          
DEVELOPMENT, INTERNATIONAL TRADE, AND TOURISM,                                                      
                                                                                                    
                  Relating to information infrastructure and                                       
              establishing the Alaska Information Infrastructure                                   
          Policy Task Force.                                                                        
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
Message dated April 23 was read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 319                                                                                            
CS FOR HOUSE BILL NO. 319(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    

2004-04-26                     Senate Journal                      Page 3075
          "An Act relating to the disposal of state land by                                         
          lottery; relating to the reservation of rights by the                                     
          state in land contracts and deeds; relating to the                                        
          disposal, including sale or lease, of remote                                              
          recreational cabin sites; and providing for an                                            
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 425                                                                                            
CS FOR HOUSE BILL NO. 425(EDU) BY THE HOUSE SPECIAL                                                 
COMMITTEE ON EDUCATION, entitled:                                                                   
                                                                                                    
          "An Act relating to funding for school districts                                          
          operating secondary school boarding programs and to                                       
          funding for school districts from which boarding                                          
          students come; and providing for an effective date."                                      
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
HB 452                                                                                            
CS FOR HOUSE BILL NO. 452(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act relating to licensing and regulation of sport                                     
          fishing operators and sport fishing guides;                                               
          authorizing the Department of Fish and Game and the                                       
          Alaska Commercial Fisheries Entry Commission to                                           
          release records and reports to the Department of                                          
          Natural Resources and the Department of Public                                            
          Safety; and providing for an effective date."                                             
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 517                                                                                            
HOUSE BILL NO. 517(title am) BY THE HOUSE LABOR AND                                                 
COMMERCE COMMITTEE, entitled:                                                                       

2004-04-26                     Senate Journal                      Page 3076
            "An Act relating to the definition of certain security                                 
             accounts, including certain reinvestment, investment                                  
          management, and custody accounts."                                                        
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee.                                                                                          
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 231                                                                                            
The Finance Committee considered SENATE BILL NO. 231 "An Act                                        
shortening the time periods after which certain unclaimed property is                               
presumed to be abandoned; and providing for an effective date" and                                  
recommended it be replaced with                                                                     
                                                                                                    
          CS FOR SENATE BILL NO. 231(FIN)                                                           
          (forthcoming)                                                                             
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Dyson,                                  
Bunde, Ben Stevens. Signing no recommendation: Senators Hoffman,                                    
Olson.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 311                                                                                            
The Finance Committee considered SENATE BILL NO. 311 "An Act                                        
providing for a special deposit for workers' compensation insurers;                                 
relating to the board of governors of the Alaska Insurance Guaranty                                 
Association; relating to covered workers' compensation claims paid by                               
the Alaska Insurance Guaranty Association; stating the intent of the                                
legislature, and setting out limitations, concerning the interpretation,                            
construction, and implementation of workers' compensation laws;                                     
relating to restructuring the Alaska workers' compensation system;                                  
eliminating the Alaska Workers' Compensation Board; establishing a                                  
division of workers' compensation within the Department of Labor and                                
Workforce Development and assigning certain Alaska Workers'                                         

2004-04-26                     Senate Journal                      Page 3077
Compensation Board functions to the division and the Department of                                  
Labor and Workforce Development; establishing a Workers'                                            
Compensation Appeals Commission; assigning certain functions of the                                 
Alaska Workers' Compensation Board to the Workers' Compensation                                     
Appeals Commission; relating to agreements that discharge workers'                                  
compensation liability; providing for hearing officers in workers'                                  
compensation proceedings; relating to workers' compensation awards;                                 
relating to an employer's failure to insure and keep insured or provide                             
security; providing for appeals from compensation orders; relating to                               
workers' compensation proceedings; providing for supreme court                                      
jurisdiction of appeals from the Workers' Compensation Appeals                                      
Commission; providing for a maximum amount for the cost-of- living                                  
adjustment for workers' compensation benefits; providing for                                        
administrative penalties for employers uninsured or without adequate                                
security for workers' compensation; relating to assigned risk pools and                             
insurers; and providing for an effective date" and recommended the                                  
adoption of the Judiciary Committee Substitute offered on page 2900.                                
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Bunde,                                  
Ben Stevens. Signing do not pass: Senators Hoffman, Olson. Signing                                  
no recommendation: Senator Dyson.                                                                   
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 6, Department of Labor and Workforce                                               
          Development                                                                               
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
          Development                                                                               
 Fiscal Note No. 2, zero, Department of Law                                                         
 Fiscal Note No. 4, indeterminate, Department of Administration                                     
 Fiscal Note No. 5, Alaska Court System                                                             
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 388                                                                                            
The Judiciary Committee considered SENATE BILL NO. 388 "An                                          
Act relating to the creation of a civil legal services fund." Signing do                            
pass: Senator Seekins, Chair. Signing no recommendation: Senators                                   
French, Ogan.                                                                                       

2004-04-26                     Senate Journal                      Page 3078
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Office of the Governor                                                    
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 347                                                                                            
The Finance Committee considered HOUSE BILL NO. 347 "An Act                                         
exempting taxicabs from the passenger vehicle rental tax; and                                       
providing for an effective date." Signing do pass: Senators Green,                                  
Wilken, Cochairs; Senators Dyson, Ben Stevens. Signing no                                           
recommendation: Senators Hoffman, Olson, Bunde.                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Revenue                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 365                                                                                            
SENATE BILL NO. 365 "An Act relating to the regulation of speech-                                   
language pathologist assistants; and providing for an effective date"                               
was read the second time.                                                                           
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 2920.                                  
Without objection, CS FOR SENATE BILL NO. 365(FIN) was                                              
adopted.                                                                                            
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 365(FIN) was read the third time.                                            
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-26                     Senate Journal                      Page 3079
The question being: "Shall CS FOR SENATE BILL NO. 365(FIN)                                          
"An Act relating to the regulation of speech-language pathologist                                   
assistants; and providing for an effective date" pass the Senate?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 365(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, CS FOR SENATE BILL NO. 365(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.                                                          
                                                                                                    
SB 389                                                                                            
SENATE BILL NO. 389 "An Act relating to the conversion of certain                                   
corporations to limited liability companies; and providing for an                                   
effective date" was read the second time.                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated SENATE BILL NO. 389 will be on the                                      
April 27 calendar.                                                                                  
                                                                                                    
                        Senate Bills in Second Reading                                           
                                                                                                    
SB 31                                                                                             
CS FOR SENATE BILL NO. 31(RES) "An Act relating to a                                                
transportation corridor for extension of the Alaska Railroad to Canada                              
and to extension of the Alaska Railroad to connect with the North                                   
American railroad system" which had been held in second reading                                     
(page 3053) was before the Senate.                                                                  

2004-04-26                     Senate Journal                      Page 3080
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. 31(RES) will                                     
be on the April 27 calendar.                                                                        
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 170                                                                                            
CS FOR SENATE BILL NO. 170(JUD) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 170(JUD)                                          
"An Act relating to murder in the second degree, the justification of                               
defense of self or others, immunity from prosecution, sentencing,                                   
probation, discretionary parole, and the right to representation in                                 
certain criminal proceedings; relating to violation of a custodian's                                
duty; relating to sexual abuse of a minor; relating to release of                                   
information concerning certain cases involving a minor; relating to                                 
local options regarding alcoholic beverages, the offense of furnishing                              
or delivery of alcoholic beverages to a person under 21 years of age,                               
and forfeiture of property used in, and money or other items of value                               
used in financial transactions derived from, violation of certain laws                              
relating to alcoholic beverages; relating to assault by means of a                                  
dangerous instrument; relating to operating or driving a motor vehicle,                             
aircraft, or watercraft while under the influence of an alcoholic                                   
beverage, inhalant, or controlled substance, to the refusal to submit to                            
a chemical test, and to the presumptions concerning the chemical                                    
analysis of breath or blood; and providing for an effective date" pass                              
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
CSSB 170(JUD)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G,                                         
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Hoffman, Lincoln                                                                             
                                                                                                    

2004-04-26                     Senate Journal                      Page 3081
and so, CS FOR SENATE BILL NO. 170(JUD) passed the Senate.                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Davis gave notice of reconsideration.                                                       
                                                                                                    
SB 387                                                                                            
SENATE BILL NO. 387 am was read the third time.                                                     
                                                                                                    
The question being: "Shall SENATE BILL NO. 387 am "An Act                                           
authorizing the making of certain commercial fishing loans to eligible                              
community quota entities for the purchase of certain fishing quota                                  
shares; and providing for an effective date" pass the Senate?" The roll                             
was taken with the following result:                                                                
                                                                                                    
SB 387 am                                                                                           
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 BILL NO. 387 am passed the Senate.                                                   
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Christopher Partridge                                                                    
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
Representative(s) Ogg                                                                               
                                                                                                    

2004-04-26                     Senate Journal                      Page 3082
In Memoriam - James Guilmet                                                                         
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 - Troy Davis                                                                            
Representative(s) Crawford                                                                          
Senator(s) Ellis, Davis, Therriault, Bunde, Cowdery, Dyson, Elton,                                  
French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins,                                       
Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken                                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
HB 375                                                                                            
In the event a Conference Committee is required on CS FOR HOUSE                                     
BILL NO. 375(FIN) am "An Act making appropriations for the                                          
operating and loan program expenses of state government, for certain                                
programs, and to capitalize funds; and providing for an effective date"                             
and                                                                                                 
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          375(FIN) am S(brf sup maj fld S)                                                          
                                                                                                    
President Therriault appointed the following members to a Conference                                
Committee to meet with a like committee from the House to consider                                  
the bills:                                                                                          
                                                                                                    
     Senator Green                                                                                  
     Senator Wilken                                                                                 
     Senator Hoffman                                                                                
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    

2004-04-26                     Senate Journal                      Page 3083
HB 377                                                                                            
In the event a Conference Committee is required on CS FOR HOUSE                                     
BILL NO. 377(FIN) "An Act making appropriations for the operating                                   
and capital expenses of the state's integrated comprehensive mental                                 
health program; and providing for an effective date" and                                            
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          377(FIN)                                                                                  
                                                                                                    
President Therriault appointed the following members to a Conference                                
Committee to meet with a like committee from the House to consider                                  
the bills:                                                                                          
                                                                                                    
     Senator Green                                                                                  
     Senator Wilken                                                                                 
     Senator Hoffman                                                                                
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
SB 337                                                                                            
The reconsideration on CS FOR SENATE BILL NO. 337(L&C) "An                                          
Act relating to the powers of the Alaska Energy Authority to make                                   
grants and loans, to enter into contracts, and to improve, equip,                                   
operate, and maintain bulk fuel, waste energy, energy conservation,                                 
energy efficiency, and alternative energy facilities and equipment;                                 
relating to the bulk fuel revolving loan fund; relating to the Alaska                               
Energy Authority's liability for the provision of technical assistance to                           
rural utilities; relating to the Alaska Energy Authority's investment of                            
the power development fund; repealing the electrical service extension                              
fund; and providing for an effective date" 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.                                                        
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-26                     Senate Journal                      Page 3084
                                 Engrossment                                                     
                                                                                                    
SB 337                                                                                            
CS FOR SENATE BILL NO. 337(L&C) "An Act relating to the                                             
powers of the Alaska Energy Authority to make grants and loans, to                                  
enter into contracts, and to improve, equip, operate, and maintain bulk                             
fuel, waste energy, energy conservation, energy efficiency, and                                     
alternative energy facilities and equipment; relating to the bulk fuel                              
revolving loan fund; relating to the Alaska Energy Authority's liability                            
for the provision of technical assistance to rural utilities; relating to the                       
Alaska Energy Authority's investment of the power development fund;                                 
repealing the electrical service extension fund; and providing for an                               
effective date" was engrossed, signed by the President and Secretary                                
and transmitted to the House for consideration.                                                     
                                                                                                    
SB 365                                                                                            
CS FOR SENATE BILL NO. 365(FIN) "An Act relating to the                                             
regulation of speech-language pathologist assistants; and providing for                             
an effective date" was engrossed, signed by the President and                                       
Secretary and transmitted to the House for consideration.                                           
                                                                                                    
SB 387                                                                                            
SENATE BILL NO. 387 am "An Act authorizing the making of                                            
certain commercial fishing loans to eligible community quota entities                               
for the purchase of certain fishing quota shares; and providing for an                              
effective date" was engrossed, signed by the President and Secretary                                
and transmitted to the House for consideration.                                                     
                                                                                                    
HB 375                                                                                            
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" was engrossed,                            
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-26                     Senate Journal                      Page 3085
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., April 27, 2004. Without                               
objection, the Senate adjourned at 11:51 a.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2004                       

2004-04-26                     Senate Journal                      Page 3086
                                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 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 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                                                      
+= SB 311 INSURANCE & WORKERS' COMPENSATION SYSTEM                                                  
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-26                     Senate Journal                      Page 3087
                             FINANCE (continued)                                                 
                                                                                                    
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                                                      
+ SB 136 RESIDENTIAL PROPERTY TAX EXEMPTION                                                         
+ SB 278 LABOR & WORKFORCE DEVELOPMENT FEES                                                         
+= SB 364 LIMIT STATE AID FOR MENTAL HEALTH CARE                                                    
                                                                                                    
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                                                      
                                                                                                    
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 26        Monday                          Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             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                                                      

2004-04-26                     Senate Journal                      Page 3088
                                  JUDICIARY                                                      
                                                                                                    
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                                                      
                                                                                                    
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, Michael J. Hurley                                                   
              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                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-26                     Senate Journal                      Page 3089
                               LABOR & COMMERCE                                                  
                                                                                                    
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                                                                     
              <Bill Hearing Listen Only>                                                            
+= HB  29 REAL PROPERTY TRANSACTIONS/LICENSEES                                                      
              <Bill Hearing Listen Only>                                                            
+= HB 305 UNEMPLOYMENT COMPENSATION BENEFITS                                                        
              <Bill Hearing 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 26        Monday                          Butrovich 205           3:30 PM                     
+= SB 132 MINTO FLATS GAME REFUGE & TOWNSITE                                                        
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-26                     Senate Journal                      Page 3090
                            RESOURCES (continued)                                                
                                                                                                    
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 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                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
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                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2004-04-26                     Senate Journal                      Page 3091
                              SPECIAL COMMITTEES                                                 
                                                                                                    
                   WORLD TRADE AND STATE/FEDERAL RELATIONS                                       
                                                                                                    
Apr 26        Monday                                Beltz 211         4:00 PM                     
     SJR 34 TAIWAN STATUS AND PRESIDENT                                                             
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                        CONFERENCE COMMITTEE ON SB 283                                           
                                                                                                    
Apr 26        Monday                    Senate Finance 532            1:45 PM                     
= SB 283 APPROP:  EDUC/CBR/COURTS/GRANTS/PCE                                                        
              Closeout                                                                              
                   ----------------------------------------                                        
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Apr 27        Tuesday                    House Finance 519            7:00 AM                     
              ASCG's Final Draft of the Veteran's Home                                              
              Feasibility Study                                                                     
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
May 05        Wednesday               House Finance Room              5:00 PM                     
              Agenda To Be Announced                                                                
                   ----------------------------------------                                        
                                                                                                    
                    SELECT COMMITTEE ON LEGISLATIVE ETHICS                                       
                                                                                                    
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