Legislature(2003 - 2004)

2004-05-04 Senate Journal

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2004-05-04                     Senate Journal                      Page 3293
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                     Tuesday                       May 4, 2004                      
                                                                                                    
                          One Hundred Fourteenth Day                                             
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:15 a.m.                                                                            
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Reverend Dr. Paula Sampson                                  
of the Holy Trinity Episcopal Church. Senator Olson moved and asked                                 
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
          God our creator, when You speak, there is light and                                       
          life. When You act, there is justice and love. Grant                                      
           that Your spirit may be present in the Senate this day.                                 
                                                                                                    
          May all that is said and done in this chamber be filled                                   
          with the light of knowledge, the life of compassion,                                      
          the justice of understanding, the love of Alaska.                                         
                                                                                                    
          Grant, we pray, refreshment for weary minds and                                           
          bodies, inspiration for dedicated hearts and intellects,                                  
          energy for crucial solutions and plans.                                                   
                                                                                                    
          May those who have the difficult task of representing                                     
          others find comfort in knowing, though votes may                                          
       divide, Your love will unite.                              Amen.                            
                                                                                                    
                                                                                                    
Senator Lincoln led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-04                     Senate Journal                      Page 3294
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the one hundred thirteenth legislative day be approved as                               
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
Message dated May 4 was read, stating under the provision of article                                
III, section 18 of the Alaska Constitution, the Governor requests the                               
opportunity to address the Senate of the Twenty-third Alaska State                                  
Legislature on Tuesday, May 4, 2004 at 11:00 a.m., regarding a long-                                
term fiscal solution.                                                                               
                                                                                                    
President Therriault appointed Senator Ben Stevens and Senator Ellis                                
to escort the Governor to the chamber.                                                              
                                                                                                    
The Sergeant-at-Arms announced the Governor's entrance into the                                     
Senate Chamber.                                                                                     
                                                                                                    
Governor Murkowski was escorted to the rostrum and welcomed by                                      
President Therriault.                                                                               
                                                                                                    
The Honorable Frank H. Murkowski delivered his address.                                             
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in recess to 1:00 p.m. Without objection, the Senate                                   
recessed at 12:07 p.m.                                                                              
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 1:12 p.m.                                                                  
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-04                     Senate Journal                      Page 3295
Letter dated and received May 3 was read, stating in accordance with                                
article III, Section 25 of the Alaska Constitution, I submit the                                    
following name for legislative confirmation:                                                        
                                                                                                    
Commissioner - Department of Administration                                                       
 Ray Matiashowski                                                                                   
                                                                                                    
The appointment was referred to the State Affairs Committee.                                        
                                                                                                    
The resume for this appointment has been submitted to the Offices of                                
the Senate Secretary and the Chief Clerk.                                                           
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated May 3 was read, stating:                                                              
                                                                                                    
The House of Representatives respectfully invites the Senate to a Joint                             
Session of the Legislature at 3:00 p.m. on Monday, May 10 for the                                   
purpose of confirming the Governor's appointees.                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate accept the House invitation to meet in Joint Session. Without                                
objection, it was so ordered.                                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
HB 414                                                                                            
Message dated May 4 was read, stating the Speaker has appointed the                                 
following members to a Conference Committee to meet with a like                                     
committee from the Senate to consider CS FOR HOUSE BILL NO.                                         
414(JUD) "An Act relating to filling a vacancy in the office of United                              
States senator, and to the definition of 'political party'" and SENATE                              
CS FOR CS FOR HOUSE BILL NO. 414(JUD) "An Act relating to                                           
filling a vacancy in the office of United States senator, and to the                                
definition of 'political party'; and providing for an effective date"                               
(technical title change) :                                                                          
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-04                     Senate Journal                      Page 3296
     Representative McGuire, Chair                                                                  
     Representative Anderson                                                                        
     Representative Crawford                                                                        
                                                                                                    
The President appointed the following members to a Conference                                       
Committee to meet with the like committee from the House:                                           
                                                                                                    
     Senator Seekins, Chair                                                                         
     Senator Wagoner                                                                                
     Senator French                                                                                 
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
SB 373                                                                                            
Message dated May 3 was read, stating the House passed and returned:                                
                                                                                                    
                   SENATE BILL NO. 373 "An Act relating to                                         
             residency and internship permits issued by the State                                  
          Medical Board; and providing for an effective date."                                      
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
Message dated May 3 was read, stating the House passed and                                          
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 543                                                                                            
CS FOR HOUSE BILL NO. 543(RLS) BY THE HOUSE RULES                                                   
COMMITTEE, entitled:                                                                                
                                                                                                    
             "An Act relating to medical assistance coverage for                                   
              prescription drugs; and providing for an effective                                   
          date."                                                                                    
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    

2004-05-04                     Senate Journal                      Page 3297
HB 552                                                                                            
CS FOR HOUSE BILL NO. 552(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act relating to the creation of the Alaska                                            
          Gaming Commission to regulate gambling;                                                   
          authorizing the Alaska Gaming Commission to                                               
          license gambling games and gambling casino owners                                         
          and suppliers and to issue occupational licenses for                                      
          gambling employees; limiting casino gambling to                                           
          municipalities with a population of 150,000 or more;                                      
          allowing the Alaska Gaming Commission to issue                                            
          only one owner's license for a gambling casino in                                         
          certain municipalities with a population of 150,000 or                                    
          more; creating crimes relating to gambling and                                            
          setting requirements for gambling; creating the state                                     
          gaming fund in the general fund; setting a gross                                          
          receipts tax on gambling games; limiting the                                              
          authority of a municipality to tax the adjusted gross                                     
          receipts of gambling games."                                                              
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                               Concur Messages                                                   
                                                                                                    
SB 300                                                                                            
Message dated May 3 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 300(FIN) "An Act                                           
relating to an attorney's lien, to court actions, and to other proceedings                          
where attorneys are employed; and providing for an effective date"                                  
with the following amendment:                                                                       
                                                                                                    
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          300(JUD)                                                                                  
                                                                                                    
President Therriault stated the message will be held on the Secretary's                             
desk.                                                                                               
                                                                                                    

2004-05-04                     Senate Journal                      Page 3298
SB 309                                                                                            
Message dated May 3 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 309(JUD) am "An Act                                        
relating to testing the blood of prisoners and those in custody for                                 
bloodborne pathogens" with the following amendment:                                                 
                                                                                                    
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
          309(JUD)                                                                                  
                                                                                                    
President Therriault stated the message will be held on the Secretary's                             
desk.                                                                                               
                                                                                                    
SB 344                                                                                            
Message dated May 3 was read, stating the House passed and returned                                 
for consideration SENATE BILL NO. 344 "An Act relating to the                                       
Uniform Probate Code and trusts, including pleadings, orders,                                       
nonprobate assets, estates of decedents, minors, protected persons,                                 
incapacitated persons, guardians, conservators, trustees, foreign trusts,                           
principal and income, and transfer restrictions; relating to corporate                              
voting trusts; and providing for an effective date" with the following                              
amendments:                                                                                         
                                                                                                    
                  HOUSE CS FOR SENATE BILL NO. 344(JUD) am H                                       
                                                                                                    
President Therriault stated the message will be held on the Secretary's                             
desk.                                                                                               
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 224                                                                                            
The Finance Committee considered SENATE BILL NO. 224 "An Act                                        
relating to lowering the legal level of intoxication for operating a                                
motor vehicle, aircraft, or watercraft to .02 percent or the equivalent                             
for persons under 21 years of age; relating to implied consent for                                  
purposes of determining consumption of alcohol; and providing for an                                
effective date" and recommended the adoption of the State Affairs                                   
Committee Substitute offered on page 3119. Signing do pass: Senator                                 
Wilken, Cochair; Senators Dyson, Hoffman, Bunde, Ben Stevens.                                       
Signing no recommendation: Senator Green, Cochair; Senator Olson.                                   

2004-05-04                     Senate Journal                      Page 3299
The following previously published fiscal information applies:                                      
 Fiscal Note No. 5, zero, Department of Public Safety                                               
 Fiscal Note No. 6, indeterminate, Alaska Court System                                              
 Fiscal Note No. 7, zero, Department of Health and Social Services                                  
 Fiscal Note No. 8, zero, Department of Administration                                              
 Fiscal Note No. 9, indeterminate, Department of Administration                                     
 Fiscal Note No. 10, Department of Administration                                                   
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 254                                                                                            
The Finance Committee considered SENATE BILL NO. 254 "An Act                                        
relating to the levy and collection of an assessment on certain tourism-                            
related and recreation-related goods and services, and repealing the                                
levy of excise taxes of certain passenger and recreation vehicles; and                              
providing for an effective date" and recommended it be replaced with                                
                                                                                                    
                   CS FOR SENATE BILL NO. 254(FIN) "An Act                                         
                 relating to tourism marketing contracts; and                                      
          providing for an effective date."                                                         
                                                                                                    
Signing do pass: Senator Wilken, Cochair; Senators Dyson, Ben                                       
Stevens. Signing no recommendation: Senator Green, Cochair;                                         
Senators Hoffman, Olson, Bunde.                                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Revenue                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 272                                                                                            
The Transportation Committee considered CS FOR HOUSE BILL                                           
NO. 272(STA) am "An Act relating to the advertising of motor                                        
vehicles, including trailers, for sale by motor vehicle dealers; relating                           
to the financing of motor vehicle purchases; relating to motor vehicle                              
sales contracts; relating to the disclosures required to be made by                                 
motor vehicle dealers when selling motor vehicles, including trailers,                              
or when their service employees work on commission; relating to a                                   
motor vehicle dealer's selling as a new or current model vehicle, a                                 
motor vehicle required to be registered under AS 28.10; relating to a                               

2004-05-04                     Senate Journal                      Page 3300
motor vehicle dealer's advertising an offer for the sale, lease, or                                 
purchase of a motor vehicle, including a trailer; relating to a motor                               
vehicle dealer's conditioning the sale and delivery of a motor vehicle,                             
including a trailer, on the buyer's purchase of other items; and relating                           
to the return of a buyer's trade-in by a motor vehicle dealer" and                                  
recommended it be replaced with                                                                     
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          272(TRA)                                                                                  
                                                                                                    
Signing do pass: Senator Cowdery, Cochair. Signing no                                               
recommendation: Senators Therriault, Olson.                                                         
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Labor and Commerce Committee.                                          
                                                                                                    
HB 427                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
427(JUD) "An Act relating to guardianships and conservatorships, to                                 
the public guardian and the office of public advocacy, to private                                   
professional guardians and private professional conservators, to court                              
visitors, court-appointed attorneys, guardians ad litem, and fiduciaries,                           
and to the protection of the person or property of certain individuals,                             
including minors; amending Rule 17(c), Alaska Rules of Civil                                        
Procedure, and Rules 16(f) and 17(e), Alaska Rules of Probate                                       
Procedure; and providing for an effective date." Signing do pass:                                   
Senator Ogan, Vice Chair. Signing no recommendation: Senators                                       
French, Therriault.                                                                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
          Development                                                                               
 Fiscal Note No. 2, zero, Alaska Court System                                                       
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
                                                                                                    

2004-05-04                     Senate Journal                      Page 3301
SR 3                                                                                              
The Finance Committee considered SENATE RESOLUTION NO. 3                                            
Relating to commemoration of Senator Frank R. Ferguson and other                                    
distinguished Senators, and recommended it be replaced with                                         
                                                                                                    
          CS FOR SENATE RESOLUTION NO. 3(FIN)                                                       
          (forthcoming)                                                                             
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Dyson,                                  
Olson, Ben Stevens. Signing no recommendation: Senator Bunde.                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Legislative Agency                                                        
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
HJR 36                                                                                            
The Resources Committee considered HOUSE JOINT RESOLUTION                                           
NO. 36 Requesting the National Park Service to mitigate the adverse                                 
economic effects of commercial fishing closures and restrictions in                                 
Glacier Bay National Park and Preserve, and recommended it be                                       
replaced with                                                                                       
                                                                                                    
                     SENATE CS FOR HOUSE JOINT RESOLUTION                                          
          NO. 36(RES)                                                                               
                                                                                                    
Signing do pass: Senator Ogan, Chair; Senators Dyson, Seekins,                                      
Wagoner.                                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Legislative Agency                                                        
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
HJR 41                                                                                            
The Resources Committee considered CS FOR HOUSE JOINT                                               
RESOLUTION NO. 41(RES) Relating to support for the Federal Land                                     
Recreational Visitor Protection Act. Signing do pass: Senator Ogan,                                 
Chair; Senators Dyson, Wagoner, Seekins.                                                            
                                                                                                    

2004-05-04                     Senate Journal                      Page 3302
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, House Resources Committee                                                 
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
HCR 28                                                                                            
The Community and Regional Affairs Committee considered CS FOR                                      
HOUSE CONCURRENT RESOLUTION NO. 28(FIN) am Relating                                                 
to the study of socioeconomic impacts of salmon harvesting                                          
cooperatives. Signing do pass: Senator Stedman, Chair; Senators                                     
Wagoner, Gary Stevens, Elton. Signing no recommendation: Senator                                    
Lincoln.                                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Legislative Agency                                                        
 Fiscal Note No. 3, zero, University of Alaska                                                      
                                                                                                    
The resolution was referred to the Resources Committee.                                             
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 397                                                                                            
SENATE BILL NO. 397 BY THE SENATE RULES COMMITTEE                                                   
BY REQUEST, entitled:                                                                               
                                                                                                    
          "An Act relating to open meetings guidelines                                              
          applicable to legislators, to the confidentiality of                                      
          complaints and proceedings involving alleging                                             
          violations of AS 24.60, and to hearings on formal                                         
          charges by the Select Committee on Legislative                                            
          Ethics or its subcommittees."                                                             
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-04                     Senate Journal                      Page 3303
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 284                                                                                            
SENATE BILL NO. 284 "An Act relating to an optional election to                                     
prevent the name and address of a permanent fund dividend applicant                                 
from being disclosed, except to a state or federal agency"  was read the                            
second time.                                                                                        
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 3238.                                  
Without objection, CS FOR SENATE BILL NO. 284(FIN) "An Act                                          
making information on a permanent fund dividend application, other                                  
than the applicant's name, confidential, and relating to disclosure of                              
that confidential information; and relating to confidential information                             
in voter registration records" 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. 284(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 284(FIN)                                          
"An Act making information on a permanent fund dividend                                             
application, other than the applicant's name, confidential, and relating                            
to disclosure of that confidential information; and relating to                                     
confidential information in voter registration records" pass the                                    
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSSB 284(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Stevens B,                                        
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Ogan                                                                                         
                                                                                                    

2004-05-04                     Senate Journal                      Page 3304
and so, CS FOR SENATE BILL NO. 284(FIN) passed the Senate.                                          
                                                                                                    
Senator Ogan gave notice of reconsideration.                                                        
                                                                                                    
SB 364                                                                                            
SENATE BILL NO. 364 "An Act relating to liability for expenses of                                   
placement in certain mental health facilities; relating to the mental                               
health treatment assistance program; and providing for an effective                                 
date" was read the second time.                                                                     
                                                                                                    
Senator Dyson, Chair, moved and asked unanimous consent for the                                     
adoption of the Health, Education and Social Services Committee                                     
Substitute offered on page 2774. Senator Ellis objected, then withdrew                              
his objection. There being no further objection, CS FOR SENATE                                      
BILL NO. 364(HES) was adopted.                                                                      
                                                                                                    
Amendment No. 1 was not offered.                                                                    
                                                                                                    
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. 364(HES)                                         
will be on the May 5 calendar.                                                                      
                                                                                                    
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 188                                                                                            
HOUSE BILL NO. 188 "An Act relating to the authority of the                                         
Department of Natural Resources to issue citations for certain skiing                               
violations; relating to establishing a bail schedule for certain skiing                             
violations and to procedures for issuing a citation for a skiing                                    
violation" was read the second time.                                                                
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Senator Ellis                             
objected.                                                                                           
                                                                                                    
President Therriault stated HOUSE BILL NO. 188 will be on the May                                   
5 calendar.                                                                                         

2004-05-04                     Senate Journal                      Page 3305
HB 409                                                                                            
CS FOR HOUSE BILL NO. 409(FSH) "An Act relating to the                                              
maximum length of salmon seine vessels; and providing for an                                        
effective date" was read the second time.                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Senator Ellis                             
objected.                                                                                           
                                                                                                    
President Therriault stated CS FOR HOUSE BILL NO. 409(FSH) will                                     
be on the May 5 calendar.                                                                           
                                                                                                    
HB 486                                                                                            
CS FOR HOUSE BILL NO. 486(FIN) "An Act relating to reclamation                                      
bonding and financial assurance for certain mines; relating to financial                            
assurance limits for lode mines; establishing the mine reclamation                                  
trust fund; and providing for an effective date" was read the second                                
time.                                                                                               
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Senator Ellis                             
objected.                                                                                           
                                                                                                    
President Therriault stated CS FOR HOUSE BILL NO. 486(FIN) will                                     
be on the May 5 calendar.                                                                           
                                                                                                    
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 306                                                                                            
CS FOR SENATE BILL NO. 306(FIN) am was read the third time.                                         
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 306(FIN) am                                       
"An Act relating to the practice of naturopathic medicine; and                                      
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-04                     Senate Journal                      Page 3306
                                                                                                    
CSSB 306(FIN) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess,                                    
Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                         
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  French                                                                                       
                                                                                                    
and so, CS FOR SENATE BILL NO. 306(FIN) am passed the Senate.                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered.                                                 
                                                                                                    
Senator French gave notice of reconsideration.                                                      
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Peter DuBois                                                                             
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Therriault, Cowdery, Davis, Dyson, Ellis, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Rosalee Walker                                                                           
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Therriault, Cowdery, Davis, Dyson, Ellis, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Juneau-Douglas High School, 100 Years of Graduating                                      
Classes                                                                                             
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Therriault, Cowdery, Davis, Dyson, Ellis, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-04                     Senate Journal                      Page 3307
In Memoriam - Ruth Wilma Schmitz                                                                    
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Therriault, Cowdery, Davis, Dyson, 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 93                                                                                             
Senator Dyson moved and asked unanimous consent to be shown as a                                    
cross sponsor on CS FOR HOUSE BILL NO. 93(FIN) "An Act                                              
relating to boating safety, registration, and numbering; extending the                              
sunset date of changes in ch. 28, SLA 2000; and providing for an                                    
effective date." Without objection, it was so ordered.                                              
                                                                                                    
HJR 48                                                                                            
Senator Gary Stevens, Chair, moved and asked unanimous consent                                      
that the State Affairs Committee referral be waived on CS FOR                                       
HOUSE JOINT RESOLUTION NO. 48(RLS) Sending a message of                                             
goodwill to President Chen Shui-bian and to the people of Taiwan, and                               
reaffirming the Alaska State Legislature's 2003 resolution urging the                               
United States Congress to support the granting of official Observer                                 
Status to the Republic of China on Taiwan and to support negotiation                                
of a free trade agreement with the Republic of China on Taiwan.                                     
Without objection, the resolution was referred to the Rules Committee.                              
                                                                                                    
HB 428                                                                                            
The reconsideration on CS FOR HOUSE BILL NO. 428(JUD) am                                            
"An Act relating to civil liability for acts related to obtaining alcohol                           
for persons under 21 years of age or for persons under 21 years of age                              
being on licensed premises" was not taken up this legislative day and                               
the bill was signed by the President and Secretary and returned to the                              
House.                                                                                              
                                                                                                    
                                                                                                    

2004-05-04                     Senate Journal                      Page 3308
SJR 33                                                                                            
The reconsideration on CS FOR SENATE JOINT RESOLUTION                                               
NO. 33(STA) Urging our United States Senators to work to allow a                                    
timely vote on the floor on all judicial nominations, was not taken up                              
this legislative day and the resolution was referred to the Secretary for                           
engrossment.                                                                                        
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SJR 33                                                                                            
CS FOR SENATE JOINT RESOLUTION NO. 33(STA) Urging our                                               
United States Senators to work to allow a timely vote on the floor on                               
all judicial nominations, was engrossed, signed by the President and                                
Secretary and transmitted to the House for consideration.                                           
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., May 5, 2004. Without                                  
objection, the Senate adjourned at 1:49 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2004                        

2004-05-04                     Senate Journal                      Page 3309
                                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                                            
                                                                                                    
May 05        Wednesday                    Fahrenkamp 203             1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 07        Friday                       Fahrenkamp 203             1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 04        Tuesday                   Senate Finance 532            9:00 AM                     
              -- Recessed to 2:45 pm --                                                             
+= SR   3 COMMEMORATING SEN. FRANK FERGUSON                                                         
+= SB 254 TOURISM & RECREATION ASSESSMENT                                                           
+= SB 395 MUNICIPAL LAND USE REGULATION                                                             
+ SB 224 LOWER DWI FOR MINORS TO .02                                                                
+ HB  93 BOATING SAFETY,REGISTRATION, NUMBERING                                                     
+ HB 227 DISTRICT COURTS & SMALL CLAIMS                                                             
+ HB 336 MOTOR VEHICLE INS./ UNINSURED DRIVERS                                                      
+ HB 419 REGIONAL SEAFOOD DEVELOPMENT ASS'NS./TAX                                                   
+ HB 424 REGULATION REVIEW / ANNULMENT                                                              
+ HB 484 CORRECTIONS: FEES/SURCHARGE                                                                
+ HB 533 IF UNREAS. AGENCY DELAY, COURT DECIDES                                                     
+ HJR 44 SEA OTTER RESEARCH/ENDANGERED SPECIES                                                      
     HB 511 CERTIFICATE OF NEED PROGRAM                                                             
              <Pending Referral>                                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    

2004-05-04                     Senate Journal                      Page 3310
                             FINANCE (continued)                                                 
                                                                                                    
May 05        Wednesday                 Senate Finance 532            9:00 AM                     
+= SB 395 MUNICIPAL LAND USE REGULATION                                                             
+= HB  10 GROUP HEALTH INSURANCE FOR PRIVATE GROUPS                                                 
+= HB 123 ALASKA WORKFORCE INVESTMENT BOARD                                                         
+ HB 366 ANIMAL CLASSICS CHARITABLE GAMING                                                          
+ HB 379 OFFICE OF CITIZENSHIP ASSISTANCE                                                           
+ HB 459 PAPER TRAIL FOR ELECTRONIC VOTING MACHINE                                                  
+ HB 489 AVTEC ADMINISTRATION                                                                       
+ HB 556 AIDEA BONDS FOR LYNN CANAL PORT                                                            
+= HJR  9 CONST AM: APPROPRIATION/SPENDING LIMIT                                                    
+ HB 531 CONVENTIONAL & NONCONVENTIONAL GAS LEASES                                                  
              <Pending Referral>                                                                    
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 05        Wednesday                       Butrovich 205           1:30 PM                     
+= HB 511 CERTIFICATE OF NEED PROGRAM                                                               
+             Bills Previously Heard/Scheduled                                                      
              If Necessary                                                                          
                                                                                                    
May 07        Friday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
              If Necessary                                                                          
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
May 04        Tuesday                         Butrovich 205           8:00 AM                     
              -- Recessed to 5:00 pm --                                                             
+= HB 275 ANIMALS AND CRUELTY TO ANIMALS                                                            
+= HB 427 GUARDIANS, CONSERVATORS, ETC                                                              
+= SB  97 ATTY FEES: PUBLIC INTEREST LITIGANTS                                                      
+= SB 246 HATE CRIMES/DISCRIMINATION/TOLERANCE PROG                                                 
+=            Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-04                     Senate Journal                      Page 3311
                            JUDICIARY (continued)                                                
                                                                                                    
May 05        Wednesday                       Butrovich 205           8:00 AM                     
+ HB 334 UNLAWFUL EXPLOITATION OF MINOR/CHILD PORN                                                  
+ HB 367 LICENSING ADULT-ORIENTED BUSINESSES                                                        
+ HB 342 DRIVING UNDER INFLUENCE/ALCOHOL OFFENSES                                                   
+= HB 273 PARENTS' WAIVER OF CHILD'S SPORTS CLAIM                                                   
+= HB 549 UNSOLICITED COMMUNICATION:AIRCRAFT CRASH                                                  
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
May 04        Tuesday                               Beltz 211         2:00 PM                     
              -- Upon Adjournment --                                                                
+ HCR 32 AK INFO INFRASTRUCTURE POLICY TASK FORCE                                                   
+ HB 490 EMPLOYMENT SECURITY ACT AMENDMENTS                                                         
              Bills Previously Heard/Scheduled                                                      
              Including, but Not Limited to:                                                        
+ HB 272 MOTOR VEHICLE DEALERS                                                                      
+ HB 559 STEP PROGRAM CONTINUANCE                                                                   
+ HB 512 HYDROGEN ENERGY RESEARCH PROGRAM                                                           
+ HB 542 CONSTRUCTION CONTRACTORS                                                                   
+ HB 421 DEED OF TRUST RECONVEYANCE                                                                 
              Confirmation Hearing:                                                                 
              Board of Marine Pilots                                                                
              Jack G. Poulson, Esq., - Juneau                                                       
              Bills Previously Heard/Scheduled                                                      
              Including, but not Limited to:                                                        
+= HB 540 WORKERS' COMPENSATION INSURANCE RATES                                                     
+= HB 418 REAL ESTATE COM'N/LICENSEE/HOME INSPECT                                                   
                                                                                                    
May 06        Thursday                              Beltz 211         1:30 PM                     
+ HB 474 LIABILITY FOR AIRPORTS AND AIRSTRIPS                                                       
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-04                     Senate Journal                      Page 3312
                                  RESOURCES                                                      
                                                                                                    
May 04        Tuesday                         Butrovich 205           3:30 PM                     
+ SR   4 AMEND WILDERNESS ACT                                                                       
+ HB 395 SHALLOW NATURAL GAS/ OIL AND GAS                                                           
              <Bill Hearing Postponed to 5/5/04>                                                    
+ HB 531 CONVENTIONAL & NONCONVENTIONAL GAS LEASES                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 05        Wednesday                       Butrovich 205           3:30 PM                     
+             Confirmation Hearing:                                                                 
              Board of Game                                                                         
+= HB 395 SHALLOW NATURAL GAS/ OIL AND GAS                                                          
+ HB 452 GUIDED SPORT FISHING/ ADFG & CFEC RECORDS                                                  
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
May 04        Tuesday                               Beltz 211         3:30 PM                     
+ HB 364 NATURAL GAS LEASES NEAR KATCHEMAK BAY                                                      
+ HB 551 DRUG FELONY DISQUALIFIES TEACHER                                                           
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                        CONFERENCE COMMITTEE ON SB 283                                           
                                                                                                    
May 05        Wednesday                 Senate Finance 532            5:30 PM                     
= SB 283 APPROP:  EDUC/CBR/COURTS/GRANTS/PCE                                                        
                   ----------------------------------------                                        
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
May 05        Wednesday               House Finance Room              5:00 PM                     
              Approvals: Three Year Technology Plan,                                                
              Computer & Printer Upgrade, Print Shop                                                
              Copier and Lease Space                                                                
              Approval of Projects                                                                  
              Capitol 1st Floor HESS/STA Remodel                                                    
              Ratification of Sanctioned Events                                                     

2004-05-04                     Senate Journal                      Page 3313
                    SELECT COMMITTEE ON LEGISLATIVE ETHICS                                       
                                                                                                    
May 07        Friday                             Capitol 120          8:00 AM                     
+             Full Committee Meeting:  Open Session                                                 
              Advisory Opinion 04-03                                                                
              <Public Comment by Invitation Only>                                                   
              Open Meetings                                                                         
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
May 10        Monday                       House Chamber              3:00 PM                     
              Governor's Appointees