Legislature(2003 - 2004)
2004-05-10 Senate Journal
Full Journal pdf2004-05-10 Senate Journal Page 3569 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-THIRD LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday May 10, 2004 One Hundred Twentieth Day Pursuant to adjournment the Senate was called to order by President Therriault at 2:41 p.m. The roll showed nineteen members present. Senator Guess was absent. Senator Ben Stevens moved and asked unanimous consent that Senator Guess be excused from a call of the Senate until the Senate returns from recess after the Joint Session. Without objection, Senator Guess was excused. The prayer was offered by the Chaplain, Senator Green. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Heavenly Father, we thank You for the beauty of this day. We thank You for the beauty of this season. We ask that You be with us in these final two days. You ask us to use our patience and our wisdom and to exist in the love we know You extend to us, in all that we do. We ask these things in Jesus' name. Amen. Senator Dyson led the Senate in the Pledge of Allegiance. Messages from the House HB 25 Message dated May 8 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 25(JUD), thus adopting: 2004-05-10 Senate Journal Page 3570 SENATE CS FOR CS FOR HOUSE BILL NO. 25(JUD) "An Act relating to health care decisions, including do not resuscitate orders, anatomical gifts, and mental health treatment decisions, and to powers of attorney relating to health care, including anatomical gifts and mental health treatment decisions; and providing for an effective date." HB 83 Message dated May 9 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 83(JUD), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 83(JUD) "An Act adopting a version of the Revised Uniform Arbitration Act; relating to the state's existing Uniform Arbitration Act; amending Rules 3, 18, 19, 20, and 21, Alaska Rules of Civil Procedure, Rule 601, Alaska Rules of Evidence, and Rule 402, Alaska Rules of Appellate Procedure; and providing for an effective date." HB 213 Message dated May 9 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 213(FIN), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 213(FIN) "An Act relating to a provisional driver's license and to issuance of a driver's license; and providing for an effective date." HB 339 Message dated May 9 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 339(JUD), thus adopting: 2004-05-10 Senate Journal Page 3571 SENATE CS FOR CS FOR HOUSE BILL NO. 339(JUD) "An Act relating to opt-out marketing plans for sales, to free trial periods for goods or services, and to acts that are unlawful as unfair trade practices." SB 217 Message dated May 9 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 217(JUD) "An Act relating to genetic privacy." with a Legislative Letter of Intent. The bill was referred to the Secretary for enrollment. SB 282 Message dated May 9 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 282(RES) "An Act relating to the identification of finfish in food products and to the misbranding of food products consisting of or containing finfish." The bill was referred to the Secretary for enrollment. SB 301 Message dated May 9 was read stating, the House has failed to recede from its amendments to CS FOR SENATE BILL NO. 301(FIN), namely: HOUSE CS FOR CS FOR SENATE BILL NO. 301(FIN) am H "An Act relating to the Alaska Pioneers' Home and the Alaska Veterans' Home; relating to eligibility for admission to the Alaska Pioneers' Home and Alaska Veterans' Home; relating to the eligibility of residents for the Alaska Pioneers' Home and the Alaska Veterans' Home for general relief assistance; relating to state veterans' home facilities; making conforming amendments; and providing for an effective date." 2004-05-10 Senate Journal Page 3572 The Speaker has appointed the following members to meet with a like committee from the Senate to consider the bills: Representative Foster, Chair Representative Wilson Representative Gruenberg The Speaker granted limited powers of free conference. President Therriault appointed the following Senator members to meet with the like committee from the House to consider the bills: Senator Bunde, Chair Senator Stedman Senator Olson Message dated May 9 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 84 CS FOR HOUSE BILL NO. 84(EDU) am BY THE HOUSE SPECIAL COMMITTEE ON EDUCATION, entitled: "An Act relating to a curriculum for Alaska history; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. HB 461 CS FOR HOUSE BILL NO. 461(STA) am BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: "An Act relating to enhanced 911 surcharges and to 911 and emergency services dispatch systems." was read the first time and referred to the Finance Committee. 2004-05-10 Senate Journal Page 3573 HB 562 CS FOR HOUSE BILL NO. 562(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to the establishment of the Interior Rivers Port Authority; and providing for an effective date." was read the first time and referred to the Finance Committee. Concur Messages SB 190 Message dated May 9 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 190(STA) "An Act adding certain state-owned land and water to the Kenai River Special Management Area; relating to the mineral estate of the state-owned land and water in the Kenai River Special Management Area; relating to the Kenai River Special Management Area advisory board; and providing for an effective date" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 190(RLS) President Therriault stated the message will be held on the Secretary's desk. SB 272 Message dated May 9 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 272(FIN) "An Act relating to certain monetary advances in which the deposit or other negotiation of checks to pay the advances is delayed until a later date; and providing for an effective date" with the following amendment: CS FOR SENATE BILL NO. 272(FIN) am H President Therriault stated the message will be held on the Secretary's desk. 2004-05-10 Senate Journal Page 3574 SB 284 Message dated May 9 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 284(FIN) am "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" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 284(JUD) President Therriault stated the message will be held on the Secretary's desk. SB 338 Message dated May 9 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 338(STA) "An Act relating to actionable claims against state employees; and providing for an effective date" with the following amendment: CS FOR SENATE BILL NO. 338(STA) am H President Therriault stated the message will be held on the Secretary's desk. Recess Senator Ben Stevens moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 2:49 p.m. After Recess Joint Session in the House In accordance with Uniform Rule 51, Speaker Kott turned the gavel over to President Therriault who called the Joint Session to order at 3:14 p.m. 2004-05-10 Senate Journal Page 3575 The purpose of the Joint Session was to consider confirmation of the Governor's appointments. Senator Ben Stevens moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. Without objection, it was so ordered. Representative Coghill moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. Without objection, it was so ordered. Special Presentation The Senate and House honored Patty Lewis for her years of dedicated service as Chief Cook of the Legislative Lounge. A commemorative plaque and Special Order of Business Citation were presented. 2004 CONFIRMATION OF GOVERNOR'S APPOINTMENTS The commissioner appointment is as follows: Commissioner - Department of Administration Ray Matiashowski Appointed: 5/2/2004 The boards and commissions appointments are as follows: Alcoholic Beverage Control Board Billy (William) G. Andrews - Anchorage Appointed: 7/29/2003 Reappointed: 11/19/2003 Term Expires: 3/1/2006 Gail M. Niemi - Juneau Appointed: 12/10/2003 Term Expires: 3/1/2006 Duane S. Udland - Anchorage Appointed: 3/27/2001 Reappointed: 4/6/2004 Term Expires: 3/1/2007 2004-05-10 Senate Journal Page 3576 State Board of Registration for Architects, Engineers, and Land Surveyors Clifford E. Baker - Kenai Appointed: 3/24/2004 Term Expires: 3/1/2008 Boyd J. Brownfield - Anchorage Appointed: 3/24/2004 Term Expires: 3/1/2008 Craig Fredeen - Eagle River Appointed: 4/22/2004 Term Expires: 3/1/2008 Richard A. Hughes - Fairbanks Appointed: 3/24/2004 Term Expires: 3/1/2008 Kenneth D. Maynard - Anchorage Appointed: 3/24/2004 Term Expires: 3/1/2008 State Assessment Review Board Allen S. Black - Palmer Appointed: 4/6/2004 Patrick S. Carlson - Kodiak Appointed: 4/6/2004 Board of Governors of the Alaska Bar Joseph N. Faulhaber - Fairbanks Appointed: 7/29/2003 Term Expires: 3/1/2005 Michael J. Hurley - Anchorage Appointed: 4/22/2004 Term Expires: 3/1/2007 Board of Barbers and Hairdressers Debra Long - Fairbanks Appointed: 4/22/2004 Term Expires: 3/1/2008 Joylene Marrs - Anchorage Appointed: 4/25/2003 Reappointed: 4/22/2004 Term Expires: 3/1/2008 2004-05-10 Senate Journal Page 3577 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 Board of Chiropractic Examiners Dr. R. Clark Davis - Ketchikan Appointed: 11/14/2001 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Alaska Commercial Fisheries Entry Commission Commissioner Frank M. Homan - Juneau Appointed: 9/2/2003 Term Expires: 3/1/2007 Board of Dental Examiners Mary Ann Cerney - Fairbanks Appointed: 8/3/1999 Reappointed: 7/29/2003 Term Expires: 3/1/2007 Dr. Arne R. Pihl - Ketchikan Appointed: 5/28/2003 Term Expires: 3/1/2007 Board of Dispensing Opticians Larry E. Harper - Anchorage Appointed: 6/14/2000 Reappointed: 4/30/2004 Term Expires: 3/1/2008 Board of Education and Early Development Sylvia J. Reynolds - Soldotna Reappointed: 3/24/2004 Term Expires: 3/1/2009 Carol (Bunny) J. Schaeffer - Kotzebue Appointed: 3/24/2004 Term Expires: 3/1/2009 2004-05-10 Senate Journal Page 3578 Board of Fisheries Robert Heyano - Dillingham Appointed: 7/1/2004 (by law, terms begin July 1) Term Expires: 6/30/2007 Art N. Nelson - Anchorage Reappointed: 3/25/2004 Term Expires: 6/30/2007 Board of Game Michael R. Fleagle - McGrath Appointed: 1/21/2003 Reappointed: 4/30/2004 Term Expires: 3/1/2007 Ben Grussendorf - Sitka Appointed: 1/31/2001 Reappointed: 5/4/04 Term Expires: 3/1/2007 Commission on Judicial Conduct Peter J. Aschenbrenner - Fairbanks Appointed: 3/24/2004 Term Expires: 3/1/2008 Thomas G. Nave, Esq. - Juneau Appointed: 3/24/2004 Term Expires: 3/1/2008 Alaska Labor Relations Agency Gary P. Bader - Anchorage Appointed: 3/24/2004 Term Expires: 3/1/2007 Randall C. Frank - Fairbanks Appointed: 7/16/2003 Term Expires: 3/1/2006 Dennis S. Niedermeyer - Eagle River Appointed: 3/24/2004 Term Expires: 3/1/2006 Board of Marine Pilots Robert J. Arts - Anchorage Appointed: 10/31/2002 Reappointed: 3/24/2004 Term Expires: 3/1/2004 2004-05-10 Senate Journal Page 3579 Anthony (Tony) J. Joslyn - Anchor Point Appointed: 12/29/2000 Reappointed: 7/29/2003 Term Expires: 3/1/2007 Jack G. Poulson, Esq. - Juneau Appointed: 6/7/2001 Reappointed: 3/24/2004 Term Expires: 3/1/2008 Robert (Tiny) Schasteen - Dutch Harbor Appointed: 1/16/2004 Term Expires: 3/1/2007 State Medical Board Dr. Robert A. Breffeilh - Juneau Appointed: 4/25/2003 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Dr. John T. Duddy - Anchorage Appointed: 3/1/2004 Term Expires: 3/1/2008 Dr. G. Bert Flaming - Glennallen Appointed: 2/12/2003 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Dr. David M. Head - Nome Appointed: 3/27/2001 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Michael J. Tauriainen - Soldotna Appointed: 5/28/2003 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Alaska Mental Health Trust Authority Board of Trustees Dr. William H. Doolittle - Fairbanks Appointed: 3/24/2004 Term Expires: 3/1/2009 Tom J. Hawkins - Anchorage Reappointed: 3/24/2004 Term Expires: 3/1/2009 Board of Certified Direct-Entry Midwives Dana L. Brown - Fairbanks Appointed: 1/19/2000 Reappointed: 4/30/2004 Term Expires: 3/1/2008 2004-05-10 Senate Journal Page 3580 Sharon K. Evans - Palmer Appointed: 3/27/2001 Reappointed: 4/30/2004 Term Expires: 3/1/2008 Dr. Mark E. Richey - Anchorage Appointed: 2/20/1997 Reappointed: 1/19/2000 Reappointed: 8/25/2003 Term Expires: 3/1/2007 Board of Nursing James E. Jurrens - Juneau Appointed: 3/25/2003 Reappointed: 4/22/2004 Term Expires: 3/1/2007 Patricia M. Swenson - Anchorage Appointed: 1/16/2004 Term Expires: 3/1/2007 Occupational Safety and Health Review Board Thor R. Christianson - Sitka Appointed: 3/5/2004 Term Expires: 3/1/2008 Alaska Oil and Gas Conservation Commission John K. Norman - Anchorage Appointed: 1/23/2004 Term Expires: 3/1/2009 Board of Examiners in Optometry Dr. Jill Geering Matheson - Juneau Appointed: 4/30/2004 Term Expires: 3/1/2008 Dr. Jeff Gonnason - Anchorage Appointed: 4/30/2004 Term Expires: 3/1/2007 Personnel Board Debra E. English - Anchorage Appointed: 1/8/2004 Term Expires: 3/1/2008 Laura Plenert - Ketchikan Appointed: 3/10/2004 Term Expires: 3/1/2010 2004-05-10 Senate Journal Page 3581 Board of Pharmacy Cindy Bueler - Anchorage Appointed: 6/5/2000 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Captain Gary M. Givens - Anchorage Appointed: 3/1/2004 Term Expires: 3/1/2008 Michael Pauley - Eagle River Appointed: 3/25/2003 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Professional Teaching Practices Commission Kimberly (Kim) Jockusch - Anchorage Appointed: 4/22/2004 Term Expires: 3/1/2007 Dr. Donna Peterson - Soldotna Appointed: 4/22/2004 Term Expires: 3/1/2007 Alaska Public Offices Commission (APOC) Roger E. Holl - Anchorage Appointed: 3/24/2004 Term Expires: 3/1/2009 Board of Certified Real Estate Appraisers Nelida Irvine - Anchorage Appointed: 5/28/2003 Term Expires: 3/1/2007 Gene H. Shafer - Fairbanks Appointed: 3/1/2004 Term Expires: 3/1/2008 Real Estate Commission Lawrence (Larry) J. Bauer - Juneau Appointed: 11/24/2003 Term Expires: 3/1/2005 Glenn Clary - Anchorage Appointed: 12/10/2003 Reappointed: 3/1/2004 Term Expires: 3/1/2008 2004-05-10 Senate Journal Page 3582 Rita C. Stuckart - Anchorage Appointed: 11/24/2003 Reappointed: 3/1/2004 Term Expires: 3/1/2008 Alaska Royalty Oil and Gas Development Advisory Board Charles E. Cole - Fairbanks Appointed: 6/2/2003 Term Expires: 3/1/2007 Kenneth O. Stout - Anchorage Appointed: 6/5/2003 Term Expires: 3/1/2005 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 Board of Veterinary Examiners Dr. David J. Hunt - Sitka Appointed: 5/28/2003 Term Expires: 3/1/2007 Violent Crimes Compensation Board Gerad Godfrey - Valdez Appointed: 2/19/2003 Reappointed: 4/6/2004 Term Expires: 3/1/2007 Dr. David G. Ingraham - Anchorage Appointed: 7/16/2003 Term Expires: 3/1/2006 Alaska Workers' Compensation Board Valarie L. Allmon - Anchorage Appointed: 4/12/2004 Term Expires: 3/1/2007 Chris N. Johansen - Fairbanks Appointed: 4/12/2004 Term Expires: 3/1/2007 2004-05-10 Senate Journal Page 3583 David Kester - Anchorage Appointed: 4/12/2004 Reappointment: 3/1/2005 Term Expires: 3/1/2008 James (Jay) N. Rhodes - Ketchikan Appointed: 9/11/2001 Reappointed: 4/12/2004 Term Expires: 3/1/2007 Patricia A. Vollendorf - Anchorage Appointed: 4/12/2004 Term Expires: 3/1/2006 Representative Weyhrauch moved and asked unanimous consent to abstain from voting on the appointments to the Board of Fisheries, Commercial Fisheries Entry Commission, Alaska Labor Relations Board, Board of Marine Pilots and Occupational Safety and Health Review Board due to a conflict of interest. Objections were heard and Representative Weyhrauch was required to vote. Senator Ben Stevens moved and asked unanimous consent that the following appointment as commissioner be confirmed: Commissioner - Department of Administration Ray Matiashowski Appointed: 5/2/2004 The question being: "Shall Ray Matiashowski be confirmed as Commissioner of the Department of Administration?" The roll of the Senate was called with the following result: Commissioner - Department of Administration Ray Matiashowski SENATE YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Wagoner, Wilken, Therriault Excused: Guess 2004-05-10 Senate Journal Page 3584 The roll of the House was taken with the following result: Commissioner - Dept. of Administration Confirm - Matiashowski HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf TOTALS: YEAS: 59 NAYS: 0 EXCUSED: 1 ABSENT: 0 and so, Ray Matiashowski was confirmed as Commissioner of the Department of Administration. Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Alcoholic Beverage Control Board Billy (William) G. Andrews - Anchorage Appointed: 7/29/2003 Reappointed: 11/19/2003 Term Expires: 3/1/2006 Gail M. Niemi - Juneau Appointed: 12/10/2003 Term Expires: 3/1/2006 Duane S. Udland - Anchorage Appointed: 3/27/2001 Reappointed: 4/6/2004 Term Expires: 3/1/2007 State Board of Registration for Architects, Engineers, and Land Surveyors Clifford E. Baker - Kenai Appointed: 3/24/2004 Term Expires: 3/1/2008 Boyd J. Brownfield - Anchorage Appointed: 3/24/2004 Term Expires: 3/1/2008 2004-05-10 Senate Journal Page 3585 Craig Fredeen - Eagle River Appointed: 4/22/2004 Term Expires: 3/1/2008 Richard A. Hughes - Fairbanks Appointed: 3/24/2004 Term Expires: 3/1/2008 Kenneth D. Maynard - Anchorage Appointed: 3/24/2004 Term Expires: 3/1/2008 State Assessment Review Board Allen S. Black - Palmer Appointed: 4/6/2004 Patrick S. Carlson - Kodiak Appointed: 4/6/2004 Board of Governors of the Alaska Bar Joseph N. Faulhaber - Fairbanks Appointed: 7/29/2003 Term Expires: 3/1/2005 Michael J. Hurley - Anchorage Appointed: 4/22/2004 Term Expires: 3/1/2007 There being no objections, the appointments were confirmed. Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Board of Barbers and Hairdressers Debra Long - Fairbanks Appointed: 4/22/2004 Term Expires: 3/1/2008 Joylene 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 2004-05-10 Senate Journal Page 3586 Larry Allen Ungerecht - Anchorage Appointed: 11/29/2000 Reappointed: 4/22/2004 Term Expires: 3/1/2008 Board of Chiropractic Examiners Dr. R. Clark Davis - Ketchikan Appointed: 11/14/2001 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Alaska Commercial Fisheries Entry Commission Commissioner Frank M. Homan - Juneau Appointed: 9/2/2003 Term Expires: 3/1/2007 Board of Dental Examiners Mary Ann Cerney - Fairbanks Appointed: 8/3/1999 Reappointed: 7/29/2003 Term Expires: 3/1/2007 Dr. Arne R. Pihl - Ketchikan Appointed: 5/28/2003 Term Expires: 3/1/2007 Board of Dispensing Opticians Larry E. Harper - Anchorage Appointed: 6/14/2000 Reappointed: 4/30/2004 Term Expires: 3/1/2008 Board of Education and Early Development Sylvia J. Reynolds - Soldotna Reappointed: 3/24/2004 Term Expires: 3/1/2009 Carol (Bunny) J. Schaeffer - Kotzebue Appointed: 3/24/2004 Term Expires: 3/1/2009 Board of Fisheries Robert Heyano - Dillingham Appointed: 7/1/2004 (by law, terms begin July 1) Term Expires: 6/30/2007 2004-05-10 Senate Journal Page 3587 Art N. Nelson - Anchorage Reappointed: 3/25/2004 Term Expires: 6/30/2007 Board of Game Michael R. Fleagle - McGrath Appointed: 1/21/2003 Reappointed: 4/30/2004 Term Expires: 3/1/2007 Ben Grussendorf - Sitka Appointed: 1/31/2001 Reappointed: 5/4/04 Term Expires: 3/1/2007 Objections were heard to the confirmation of Michael R. Fleagle and Ben Grussendorf to the Board of Game. Senator Ben Stevens restated his motion to confirm the appointments with the exception of Michael R. Fleagle and Ben Grussendorf. There being no objection, the appointments were confirmed. Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Commission on Judicial Conduct Peter J. Aschenbrenner - Fairbanks Appointed: 3/24/2004 Term Expires: 3/1/2008 Thomas G. Nave, Esq. - Juneau Appointed: 3/24/2004 Term Expires: 3/1/2008 Alaska Labor Relations Agency Gary P. Bader - Anchorage Appointed: 3/24/2004 Term Expires: 3/1/2007 Randall C. Frank - Fairbanks Appointed: 7/16/2003 Term Expires: 3/1/2006 Dennis S. Niedermeyer - Eagle River Appointed: 3/24/2004 Term Expires: 3/1/2006 2004-05-10 Senate Journal Page 3588 Board of Marine Pilots Robert J. Arts - Anchorage Appointed: 10/31/2002 Reappointed: 3/24/2004 Term Expires: 3/1/2004 Anthony (Tony) J. Joslyn - Anchor Point Appointed: 12/29/2000 Reappointed: 7/29/2003 Term Expires: 3/1/2007 Jack G. Poulson, Esq. - Juneau Appointed: 6/7/2001 Reappointed: 3/24/2004 Term Expires: 3/1/2008 Robert (Tiny) Schasteen - Dutch Harbor Appointed: 1/16/2004 Term Expires: 3/1/2007 State Medical Board Dr. Robert A. Breffeilh - Juneau Appointed: 4/25/2003 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Dr. John T. Duddy - Anchorage Appointed: 3/1/2004 Term Expires: 3/1/2008 Dr. G. Bert Flaming - Glennallen Appointed: 2/12/2003 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Dr. David M. Head - Nome Appointed: 3/27/2001 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Michael J. Tauriainen - Soldotna Appointed: 5/28/2003 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Alaska Mental Health Trust Authority Board of Trustees Dr. William H. Doolittle - Fairbanks Appointed: 3/24/2004 Term Expires: 3/1/2009 Tom J. Hawkins - Anchorage Reappointed: 3/24/2004 Term Expires: 3/1/2009 There being no objections, the appointments were confirmed. 2004-05-10 Senate Journal Page 3589 Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Board of Certified Direct-Entry Midwives Dana L. Brown - Fairbanks Appointed: 1/19/2000 Reappointed: 4/30/2004 Term Expires: 3/1/2008 Ms. Sharon K. Evans - Palmer Appointed: 3/27/2001 Reappointed: 4/30/2004 Term Expires: 3/1/2008 Dr. Mark E. Richey - Anchorage Appointed: 2/20/1997 Reappointed: 1/19/2000 Reappointed: 8/25/2003 Term Expires: 3/1/2007 Board of Nursing James E. Jurrens - Juneau Appointed: 3/25/2003 Reappointed: 4/22/2004 Term Expires: 3/1/2007 Patricia M. Swenson - Anchorage Appointed: 1/16/2004 Term Expires: 3/1/2007 Occupational Safety and Health Review Board Thor R. Christianson - Sitka Appointed: 3/5/2004 Term Expires: 3/1/2008 Alaska Oil and Gas Conservation Commission John K. Norman - Anchorage Appointed: 1/23/2004 Term Expires: 3/1/2009 Board of Examiners in Optometry Dr. Jill Geering Matheson - Juneau Appointed: 4/30/2004 Term Expires: 3/1/2008 Dr. Jeff Gonnason - Anchorage Appointed: 4/30/2004 Term Expires: 3/1/2007 2004-05-10 Senate Journal Page 3590 Personnel Board Ms. Debra E. English - Anchorage Appointed: 1/8/2004 Term Expires: 3/1/2008 Laura Plenert - Ketchikan Appointed: 3/10/2004 Term Expires: 3/1/2010 Board of Pharmacy Cindy Bueler - Anchorage Appointed: 6/5/2000 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Captain Gary M. Givens - Anchorage Appointed: 3/1/2004 Term Expires: 3/1/2008 Michael Pauley - Eagle River Appointed: 3/25/2003 Reappointed: 1/16/2004 Term Expires: 3/1/2008 Objections were heard to the confirmation of Laura Plenert to the Personnel Board. Senator Ben Stevens restated his motion to confirm the appointments with the exception of Laura Plenert. There being no objection, the appointments were confirmed. Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Professional Teaching Practices Commission Kimberly (Kim) Jockusch - Anchorage Appointed: 4/22/2004 Term Expires: 3/1/2007 Dr. Donna Peterson - Soldotna Appointed: 4/22/2004 Term Expires: 3/1/2007 Alaska Public Offices Commission (APOC) Roger E. Holl - Anchorage Appointed: 3/24/2004 Term Expires: 3/1/2009 2004-05-10 Senate Journal Page 3591 Board of Certified Real Estate Appraisers Nelida Irvine - Anchorage Appointed: 5/28/2003 Term Expires: 3/1/2007 Gene H. Shafer - Fairbanks Appointed: 3/1/2004 Term Expires: 3/1/2008 Real Estate Commission Lawrence (Larry) J. Bauer - Juneau Appointed: 11/24/2003 Term Expires: 3/1/2005 Glenn Clary - Anchorage Appointed: 12/10/2003 Reappointed: 3/1/2004 Term Expires: 3/1/2008 Rita C. Stuckart - Anchorage Appointed: 11/24/2003 Reappointed: 3/1/2004 Term Expires: 3/1/2008 Alaska Royalty Oil and Gas Development Advisory Board Charles E. Cole - Fairbanks Appointed: 6/2/2003 Term Expires: 3/1/2007 Kenneth O. Stout - Anchorage Appointed: 6/5/2003 Term Expires: 3/1/2005 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 Board of Veterinary Examiners Dr. David J. Hunt - Sitka Appointed: 5/28/2003 Term Expires: 3/1/2007 2004-05-10 Senate Journal Page 3592 There being no objection, the appointments were confirmed. Senator Ben Stevens moved and asked unanimous consent that the following appointments be confirmed: Violent Crimes Compensation Board Gerad Godfrey - Valdez Appointed: 2/19/2003 Reappointed: 4/6/2004 Term Expires: 3/1/2007 Dr. David G. Ingraham - Anchorage Appointed: 7/16/2003 Term Expires: 3/1/2006 Alaska Workers' Compensation Board Valarie L. Allmon - Anchorage Appointed: 4/12/2004 Term Expires: 3/1/2007 Chris N. Johansen - Fairbanks Appointed: 4/12/2004 Term Expires: 3/1/2007 David Kester - Anchorage Appointed: 4/12/2004 Reappointment: 3/1/2005 Term Expires: 3/1/2008 James (Jay) N. Rhodes - Ketchikan Appointed: 9/11/2001 Reappointed: 4/12/2004 Term Expires: 3/1/2007 Patricia A. Vollendorf - Anchorage Appointed: 4/12/2004 Term Expires: 3/1/2006 There being no objection, the appointments were confirmed. Senator Ben Stevens moved that Michael R. Fleagle be confirmed to the Board of Game. The question being: "Shall Michael R. Fleagle be confirmed to the Board of Game?" The roll of the Senate was called with the following result: 2004-05-10 Senate Journal Page 3593 Board of Game Michael R. Fleagle SENATE YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Green, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Wagoner, Wilken, Therriault Nays: Ellis, Elton, French Excused: Guess The roll of the House was taken with the following result: Board of Game Confirm - Fleagle HOUSE YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Gara TOTALS: YEAS: 55 NAYS: 4 EXCUSED: 1 ABSENT: 0 and so, Michael R. Fleagle was confirmed to the Board of Game. Senator Ben Stevens moved that Ben Grussendorf be confirmed to the Board of Game. The question being: "Shall Ben Grussendorf be confirmed to the Board of Game?" The roll of the House was taken with the following result: 2004-05-10 Senate Journal Page 3594 Board of Game Confirm - Grussendorf HOUSE YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Foster, Gara, Gruenberg, Guttenberg, Harris, Hawker, Heinze, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Weyhrauch, Williams, Wilson Nays: Coghill, Fate, Gatto, Holm, McGuire, Stepovich, Stoltze, Wolf Anderson changed from "Nay" to "Yea". Gatto changed from "Yea" to "Nay". The roll of the Senate was called with the following result: Board of Game Ben Grussendorf SENATE YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman, Lincoln, Olson, Stedman, Stevens B, Stevens G, Wagoner, Wilken, Therriault Nays: Ogan, Seekins Excused: Guess TOTALS: YEAS: 49 NAYS: 10 EXCUSED: 1 ABSENT: 0 and so, Ben Grussendorf was confirmed to the Board of Game. Senator Ben Stevens moved that Laura Plenert be confirmed to the Personnel Board. The question being: "Shall Laura Plenert be confirmed to the Personnel Board?" The roll of the Senate was called with the following result: 2004-05-10 Senate Journal Page 3595 Personnel Board Laura Plenert SENATE YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Hoffman, Ogan, Seekins, Stedman, Stevens B, Stevens G, Wagoner, Wilken, Therriault Nays: Davis, Ellis, Elton, French, Lincoln, Olson Excused: Guess The roll of the House was taken with the following result: Personnel Board Confirm - Plenert HOUSE YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Chenault, Coghill, Croft, Dahlstrom, Fate, Foster, Gatto, Gruenberg, Harris, Hawker, Heinze, Holm, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Lynn, Masek, McGuire, Meyer, Morgan, Moses, Ogg, Rokeberg, Samuels, Seaton, Stepovich, Stoltze, Weyhrauch, Williams, Wilson, Wolf Nays: Cissna, Crawford, Gara, Guttenberg TOTALS: YEAS: 49 NAYS: 10 EXCUSED: 1 ABSENT: 0 and so, Laura Plenert was confirmed to the Personnel Board. Senator Ben Stevens moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Therriault adjourned the Joint Session at 3:39 p.m. After Recess The Senate reconvened at 4:01 p.m. 2004-05-10 Senate Journal Page 3596 Standing Committee Reports HB 233 Corrected Fiscal Note No. 5 (page 3265) for the Finance Senate Committee Substitute for CS FOR HOUSE BILL NO. 233(EDU) am "An Act increasing the base student allocation used in the formula for state funding of public education; and providing for an effective date" published today from Department of Education and Early Development. The bill is on today's calendar. HB 338 The Finance Committee considered CS FOR HOUSE BILL NO. 338(HES) "An Act relating to attendance at public school; and providing for an effective date." Signing no recommendation: Senators Green, Wilken, Cochairs; Senator Olson. Signing do pass: Senators Dyson, Ben Stevens. Signing do not pass: Senator Bunde. The following previously published fiscal information applies: Fiscal Note No. 1, indeterminate, Department of Education and Early Development The bill was referred to the Rules Committee. HB 341 The Finance Committee considered HOUSE BILL NO. 341 "An Act relating to the dive fishery management assessment." Signing do pass: Senator Wilken, Cochair; Senators Dyson, Ben Stevens. Signing no recommendation: Senator Green, Cochair; Senators 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. 2004-05-10 Senate Journal Page 3597 HB 342 The Finance Committee considered CS FOR HOUSE BILL NO. 342(FIN) am "An Act relating to driving while under the influence, to the definition of 'previously convicted,' to alcohol-related offenses, to ignition interlock devices, and to the issuance of limited driver's licenses; and providing for an effective date." Signing do pass: Senator Wilken, Cochair; Senators Dyson, Ben Stevens, Bunde. Signing no recommendation: Senator Olson. The following fiscal information was published today: Fiscal Note No. 7, Department of Administration The following previously published fiscal information applies: Fiscal Note No. 1, zero, Alaska Court System Fiscal Note No. 2, zero, Department of Law Fiscal Note No. 3, zero, Department of Public Safety Fiscal Note No. 5, indeterminate, Department of Corrections Fiscal Note No. 6, indeterminate, Department of Administration The bill was referred to the Rules Committee. HB 367 Forthcoming Judiciary Senate Committee Substitute (page 3415) for CS FOR HOUSE BILL NO. 367(FIN) am "An Act relating to the licensing and regulation of adult-oriented businesses; and providing for an effective date" was received today. HB 495 The Finance Committee considered CS FOR HOUSE BILL NO. 495(FIN) "An Act allowing a joint action agency to encumber property interests for security purposes; declaring certain joint action agencies to be political subdivisions for certain purposes; restricting the sale of property of the joint action agency; allowing the joint action agency to transfer property to security interest holders under a security interest or to other parties without legislative approval; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 495(FIN) 2004-05-10 Senate Journal Page 3598 Signing no recommendation: Senators Green, Wilken, Cochairs; Senators Dyson, Olson, Bunde. Signing do pass: Senator Ben Stevens. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Community and Economic Development The bill was referred to the Rules Committee. HB 563 The Judiciary Committee considered CS FOR HOUSE BILL NO. 563(JUD) am(efd add) "An Act relating to legislative branch ethics, to open meetings guidelines applicable to legislators, to the confidentiality of complaints and proceedings involving alleged violations of AS 24.60, and to hearings on formal charges by the Select Committee on Legislative Ethics or its subcommittees; and providing for an effective date." Signing do pass: Senator Seekins, Chair. Signing no recommendation: Senator Therriault. Signing amend: Senator Ogan. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Legislative Agency The bill is on today's calendar HCR 39 The Resources Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 39(RLS) am Establishing the Alaska Royalty and Revenue Committee, and recommended it be replaced with SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 39(RES) Requesting a study and report on the competitiveness of the state's oil and gas tax and royalty structure. Signing no recommendation: Senator Ogan, Chair; Senator Wagoner. Signing do pass: Senator Dyson. Signing do not pass: Senators Ben Stevens, Seekins. 2004-05-10 Senate Journal Page 3599 The following fiscal information was published today: Fiscal Note No. 2, zero, Legislative Agency The resolution was referred to the Rules Committee. Consideration of the Calendar Second Reading of Senate Bills SB 308 SENATE BILL NO. 308 "An Act increasing the duration of certain provisions of domestic violence protective orders from six months to one year" was read the second time. Senator Seekins, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 2847. Without objection, CS FOR SENATE BILL NO. 308(JUD) "An Act relating to warnings on domestic violence and stalking forms; and increasing the duration of certain provisions of domestic violence protective orders from six months to up to one year" 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. 308(JUD) was read the third time. Senators Wagoner, Davis, Elton, Stedman, Ellis moved and asked unanimous consent to be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR SENATE BILL NO. 308(JUD) "An Act relating to warnings on domestic violence and stalking forms; and increasing the duration of certain provisions of domestic violence protective orders from six months to up to one year" pass the Senate?" The roll was taken with the following result: 2004-05-10 Senate Journal Page 3600 CSSB 308(JUD) Third Reading - Final Passage Letter of Intent YEAS: 14 NAYS: 0 EXCUSED: 0 ABSENT: 6 Yeas: Cowdery, Davis, Dyson, Ellis, Elton, French, Guess, Lincoln, Ogan, Seekins, Stedman, Stevens B, Therriault, Wagoner Absent: Bunde, Green, Hoffman, Olson, Stevens G, Wilken Ogan changed from "Nay" to "Yea". and so, CS FOR SENATE BILL NO. 308(JUD) passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the Senate Judiciary Committee Letter of Intent offered on page 2848 be adopted as a Senate Letter of Intent. Without objection, the Senate Letter of Intent was adopted. Second Reading of House Bills HB 15 CS FOR HOUSE BILL NO. 15(FIN) am "An Act relating to fair trade practices and consumer protection, to telephone solicitations, to charitable solicitations; and providing for an effective date" was read the second time. Senator Ben Stevens moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3414. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 15(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. SENATE CS FOR CS FOR HOUSE BILL NO. 15(FIN) was read the third time. 2004-05-10 Senate Journal Page 3601 Senators Ellis, French, Dyson, Lincoln, Elton, Wagoner, Seekins, Stedman, Guess, Cowdery, Therriault moved and asked unanimous consent to be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 15(FIN) "An Act relating to fair trade practices and consumer protection, to telephone solicitations, to charitable solicitations; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 15(FIN) Third Reading - Final Passage Effective Dates YEAS: 14 NAYS: 0 EXCUSED: 0 ABSENT: 6 Yeas: Cowdery, Davis, Dyson, Ellis, Elton, French, Guess, Lincoln, Ogan, Seekins, Stedman, Stevens B, Therriault, Wagoner Absent: Bunde, Green, Hoffman, Olson, Stevens G, Wilken and so, SENATE CS FOR CS FOR HOUSE BILL NO. 15(FIN) passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered. HB 233 CS FOR HOUSE BILL NO. 233(EDU) am "An Act increasing the base student allocation used in the formula for state funding of public education; and providing for an effective date" was read the second time. Senator Ben Stevens moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3265. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN) was adopted. 2004-05-10 Senate Journal Page 3602 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 CS FOR CS FOR HOUSE BILL NO. 233(FIN) will be on the May 11 calendar. HB 255 CS FOR HOUSE BILL NO. 255(FIN)(title am) "An Act amending the Alaska Wage and Hour Act as it relates to the scope of administrative regulations defining a person employed in a bona fide executive, administrative, or professional capacity as it pertains to minimum salaries to require that the minimum salary for that individual be two times the minimum wage for the first forty hours of employment each week" 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. 255(FIN)(title am) will be on the May 11 calendar. HB 275 CS FOR HOUSE BILL NO. 275(FIN) "An Act relating to animals, and to the care of and to cruelty to animals" was read the second time. Senator Seekins, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 3368. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 275(JUD) was adopted. Senator Ben Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. President Therriault stated SENATE CS FOR CS FOR HOUSE BILL NO. 275(JUD) will be on the May 11 calendar. 2004-05-10 Senate Journal Page 3603 HB 381 CS FOR HOUSE BILL NO. 381(RLS) "An Act relating to child endangerment" 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. 381(RLS) will be on the May 11 calendar. Senate Bills in Second Reading SB 308 President Therriault stated that only 14 Senators were present when CS FOR SENATE BILL NO. 308(JUD) was advanced from second to third reading on the same day. Article II, Section 14 of the Alaska Constitution requires a three-fourths concurrence to advance a bill on the same day. Therefore, 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. 308(JUD) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 308(JUD) "An Act relating to warnings on domestic violence and stalking forms; and increasing the duration of certain provisions of domestic violence protective orders from six months to up to one year" pass the Senate?" The roll was taken with the following result: CSSB 308(JUD) Third Reading - Final Passage Letter of Intent YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Absent: Lincoln, Ogan 2004-05-10 Senate Journal Page 3604 and so, CS FOR SENATE BILL NO. 308(JUD) passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the Senate Judiciary Committee Letter of Intent offered on page 2848 be adopted as a Senate Letter of Intent. Without objection, the Senate Letter of Intent was adopted. CS FOR SENATE BILL NO. 308(JUD) was referred to the Secretary for engrossment. House Bills in Second Reading HB 15 President Therriault stated that only 14 Senators were present when SENATE CS FOR CS FOR HOUSE BILL NO. 15(FIN) was advanced from second to third reading on the same day. Article II, Section 14 of the Alaska Constitution requires a three-fourths concurrence to advance a bill on the same day. Therefore, Senator Ben Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 15(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 15(FIN) "An Act relating to fair trade practices and consumer protection, to telephone solicitations, to charitable solicitations; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 15(FIN) Third Reading - Final Passage Effective Dates YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Absent: Lincoln, Ogan 2004-05-10 Senate Journal Page 3605 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 15(FIN) passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Second Reading of House Bills (continued) HB 385 CS FOR HOUSE BILL NO. 385(JUD) "An Act relating to awarding child custody; and providing for an effective date" was read the second time. Senator Seekins, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 3098. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 385(JUD) 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. SENATE CS FOR CS FOR HOUSE BILL NO. 385(JUD) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 385(JUD) "An Act relating to awarding child custody; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 385(JUD) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Bunde, Cowdery, Davis, Dyson, Elton, French, Green, Guess, Hoffman, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Absent: Ellis, Lincoln 2004-05-10 Senate Journal Page 3606 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 385(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 and the bill was referred to the Secretary for engrossment. HB 464 HOUSE BILL NO. 464 "An Act extending the termination date of the Board of Certified Real Estate Appraisers" was read the second time. Senator Wilken, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3268. Without objection, SENATE CS FOR HOUSE BILL NO. 464(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. SENATE CS FOR HOUSE BILL NO. 464(FIN) was read the third time. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 464(FIN) "An Act extending the termination date of the Board of Certified Real Estate Appraisers" pass the Senate?" The roll was taken with the following result: SCS HB 464(FIN) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, SENATE CS FOR HOUSE BILL NO. 464(FIN) passed the Senate. 2004-05-10 Senate Journal Page 3607 Senator Ogan gave notice of reconsideration. HB 474 CS FOR HOUSE BILL NO. 474(JUD) am "An Act relating to civil liability associated with aircraft runways, airfields, and landing areas" 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. 474(JUD) am will be on the May 11 calendar. HB 489 HOUSE BILL NO. 489 "An Act relating to the administration of the Alaska Vocational Technical Center; 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. Without objection, it was so ordered. HOUSE BILL NO. 489 was read the third time. The question being: "Shall HOUSE BILL NO. 489 "An Act relating to the administration of the Alaska Vocational Technical Center; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 489 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, HOUSE BILL NO. 489 passed the Senate. 2004-05-10 Senate Journal Page 3608 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 signed by the President and Secretary and returned to the House. HB 452 CS FOR HOUSE BILL NO. 452(FIN) am "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 second time. Senator Ogan, Chair, moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 3416. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 452(RES) "An Act relating to licensing and regulation of sport fishing operators and sport fishing guides; relating to licensing and registration of sport fishing vessels; 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" (title change authorized by SCR 27) 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. SENATE CS FOR CS FOR HOUSE BILL NO. 452(RES) was read the third time. Senators Dyson, Wagoner moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senators Dyson, Wagoner were required to vote. 2004-05-10 Senate Journal Page 3609 The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 452(RES) "An Act relating to licensing and regulation of sport fishing operators and sport fishing guides; relating to licensing and registration of sport fishing vessels; 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" pass the Senate?" The roll was taken with the following result: SCS CSHB 452(RES) Third Reading - Final Passage Effective Dates YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Dyson and so, SENATE CS FOR CS FOR HOUSE BILL NO. 452(RES) 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. Second Reading of Senate Resolutions SCR 27 Senator Ben Stevens moved and asked unanimous consent that SENATE CONCURRENT RESOLUTION NO. 27 which had been held on the Secretary's desk (page 3421) be taken up at this time. SENATE CONCURRENT RESOLUTION NO. 27 was read the second time and was before the Senate on final passage. 2004-05-10 Senate Journal Page 3610 The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 27 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 452, relating to sport fishing operators and sport fishing guides, pass the Senate?" The roll was taken with the following result: SCR 27 Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, SENATE CONCURRENT RESOLUTION NO. 27 passed the Senate and was referred to the Secretary for engrossment. Second Reading of House Bills (continued) HB 503 HOUSE BILL NO. 503 "An Act relating to the tobacco product Master Settlement Agreement; 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 Guess objected. President Therriault stated HOUSE BILL NO. 503 will be on the May 11 calendar. HB 534 CS FOR HOUSE BILL NO. 534(FIN) "An Act repealing the scheduled termination date of the office of victims' rights" was read the second time. Senator Ben Stevens moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. 2004-05-10 Senate Journal Page 3611 CS FOR HOUSE BILL NO. 534(FIN) was read the third time. Senator Dyson moved and asked unanimous consent to abstain from voting due to a conflict of interest. Objections were heard and Senator Dyson was required to vote. The question being: "Shall CS FOR HOUSE BILL NO. 534(FIN) "An Act repealing the scheduled termination date of the office of victims' rights" pass the Senate?" The roll was taken with the following result: CSHB 534(FIN) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, CS FOR HOUSE BILL NO. 534(FIN) passed the Senate, was signed by the President and Secretary and returned to the House. HB 536 CS FOR HOUSE BILL NO. 536(MLV) "An Act relating to applications for permanent fund dividends by certain individuals serving in the armed forces, and to payment of certain 2003 and 2004 dividends; 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. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 536(MLV) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 536(MLV) "An Act relating to applications for permanent fund dividends by certain individuals serving in the armed forces, and to payment of certain 2003 and 2004 dividends; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2004-05-10 Senate Journal Page 3612 CSHB 536(MLV) 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 HOUSE BILL NO. 536(MLV) 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 signed by the President and Secretary and returned to the House. HB 549 CS FOR HOUSE BILL NO. 549(JUD) am "An Act relating to unsolicited communications following an aircraft accident" was read the second time. Senator Seekins, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 3371. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 549(JUD) was adopted. Senator Ben Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. President Therriault stated SENATE CS FOR CS FOR HOUSE BILL NO. 549(JUD) will be on the May 11 calendar. HB 559 HOUSE BILL NO. 559 am "An Act extending the termination of the state training and employment program; and providing for an effective date" was read the second time. 2004-05-10 Senate Journal Page 3613 Senator Ben Stevens moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 559 am was read the third time. The question being: "Shall HOUSE BILL NO. 559 am "An Act extending the termination of the state training and employment program; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 559 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, HOUSE BILL NO. 559 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 signed by the President and Secretary and returned to the House. HB 563 CS FOR HOUSE BILL NO. 563(JUD) am(efd add) "An Act relating to legislative branch ethics, to open meetings guidelines applicable to legislators, to the confidentiality of complaints and proceedings involving alleged violations of AS 24.60, and to hearings on formal charges by the Select Committee on Legislative Ethics or its subcommittees; 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. 2004-05-10 Senate Journal Page 3614 President Therriault stated CS FOR HOUSE BILL NO. 563(JUD) am(efd add) will be on the May 11 calendar. Third Reading of House Bills HB 29 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 29(JUD) was read the third time. Senator French declared a conflict of interest. The question being: "Shall SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 29(JUD) "An Act relating to real estate licensees and real estate transactions; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSSSHB 29(JUD) Third Reading - Final Passage Effective Dates YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 29(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 clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 423 CS FOR HOUSE BILL NO. 423(JUD) am was read the third time. 2004-05-10 Senate Journal Page 3615 The question being: "Shall CS FOR HOUSE BILL NO. 423(JUD) am "An Act relating to accidents involving the vehicle of a person under the influence of an alcoholic beverage" pass the Senate?" The roll was taken with the following result: CSHB 423(JUD) am Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, CS FOR HOUSE BILL NO. 423(JUD) am passed the Senate. Reconsideration of House Bills HB 531 Senator Wagoner requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 531(FIN) "An Act relating to natural gas exploration and development and to nonconventional gas, and amending the section under which shallow natural gas leases may be issued; and providing for an effective date" be taken up at this time. Senator Wagoner withdrew his request. Third Reading of House Bills (continued) HB 427 CS FOR HOUSE BILL NO. 427(JUD) was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: 2004-05-10 Senate Journal Page 3616 CSHB 427(JUD) Third Reading - Final Passage Effective Dates - Court Rules YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, CS FOR HOUSE BILL NO. 427(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 clauses. Without objection, it was so ordered. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule changes. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. Reconsideration of House Bills HB 288 Senator Ben Stevens requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 288(STA)(fld S) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 288(STA) "An Act changing the name of the Department of Community and Economic Development to the Department of Commerce, Community, and Economic Development" pass the Senate?" The roll was taken with the following result: SCS CSHB 288(STA) Third Reading - On Reconsideration YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson 2004-05-10 Senate Journal Page 3617 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 288(STA) passed the Senate on reconsideration and was referred to the Secretary for engrossment. Senate Resolutions SCR 20 Senator Ben Stevens moved and asked unanimous consent that SENATE CONCURRENT RESOLUTION NO. 20, which had been held on the Secretary's desk (page 2113) be taken up at this time. Without objection, it was so ordered. SENATE CONCURRENT RESOLUTION NO. 20 was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 20 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 288, relating to changing the name of the Department of Community and Economic Development, pass the Senate?" The roll was taken with the following result: SCR 20 Final Passage YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson and so, lacking the necessary 14 votes, SENATE CONCURRENT RESOLUTION NO. 20 failed to pass the Senate. SENATE CONCURRENT RESOLUTION NO. 20(fld S) was referred to the Secretary for permanent filing. Third Reading of House Bills (continued) HB 490 CS FOR HOUSE BILL NO. 490(JUD) am was read the third time. 2004-05-10 Senate Journal Page 3618 The question being: "Shall CS FOR HOUSE BILL NO. 490(JUD) am "An Act relating to the release of employment security records, to the binding effect of determinations and decisions regarding unemployment compensation benefits, and to contributions, interest, penalties, and payments under the Alaska Employment Security Act; providing that property under the Alaska Employment Security Act is not subject to the Uniform Unclaimed Property Act; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 490(JUD) 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, CS FOR HOUSE BILL NO. 490(JUD) 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. Senator Ellis gave notice of reconsideration. HB 511 SENATE CS FOR CS FOR HOUSE BILL NO. 511(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 511(FIN) "An Act relating to the certificate of need program for health care facilities; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2004-05-10 Senate Journal Page 3619 SCS CSHB 511(FIN) Third Reading - Final Passage Letter of Intent - Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wilken Nays: Ellis, French, Wagoner and so, SENATE CS FOR CS FOR HOUSE BILL NO. 511(FIN) passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ben Stevens moved and asked unanimous consent that the Senate Health, Education and Social Services Committee Letter of Intent offered on page 3418 be adopted as a Senate Letter of Intent. Without objection, the Senate Letter of Intent was adopted. Senator Olson gave notice of reconsideration and moved and asked unanimous consent that it be taken up at this time. Senator Olson withdrew his motion. Senator Wagoner gave notice of reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 511(FIN). HB 513 SENATE CS FOR HOUSE BILL NO. 513(JUD) was read the third time. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 513(JUD) "An Act relating to the enforcement of support orders through suspension of drivers' licenses; changing the name of the child support enforcement agency to the child support services agency; amending Rules 90.3 and 90.5, Alaska Rules of Civil Procedure; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2004-05-10 Senate Journal Page 3620 SCS HB 513(JUD) Third Reading - Final Passage Court Rules - Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Lincoln, Olson, Seekins, Stedman, Stevens B, Stevens G, Wagoner, Wilken Nays: Hoffman, Ogan, Therriault and so, SENATE CS FOR HOUSE BILL NO. 513(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 Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule changes. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. HB 514 SENATE CS FOR CS FOR HOUSE BILL NO. 514(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 514(FIN) "An Act relating to child support modification and enforcement, to the establishment of paternity by the child support enforcement agency, and to the crimes of criminal nonsupport and aiding the nonpayment of child support; amending Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2004-05-10 Senate Journal Page 3621 SCS CSHB 514(FIN) Third Reading - Final Passage Court Rule - Effective Date YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Guess, Olson, Seekins, Stedman, Stevens B, Stevens G, Wagoner, Wilken Nays: Green, Hoffman, Lincoln, Ogan, Therriault and so, SENATE CS FOR CS FOR HOUSE BILL NO. 514(FIN) passed the Senate. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ben Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule change. Without objection, it was so ordered. Senator Lincoln gave notice of reconsideration. HB 517 HOUSE BILL NO. 517(title am) was read the third time. The question being: "Shall HOUSE BILL NO. 517(title am) "An Act relating to the definition of certain security accounts, including certain reinvestment, investment management, and custody accounts" pass the Senate?" The roll was taken with the following result: HB 517(title am) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, HOUSE BILL NO. 517(title am) passed the Senate. 2004-05-10 Senate Journal Page 3622 Senator Ellis gave notice of reconsideration. HB 542 CS FOR HOUSE BILL NO. 542(RLS) was read the third time. Senator French declared a conflict of interest. The question being: "Shall CS FOR HOUSE BILL NO. 542(RLS) "An Act reducing to $5,000 the ceiling for a contract price allowed under one construction contractor exemption and expanding the work that a specialty contractor may perform to include, in addition to work requiring not more than three trades, work under that construction contractor exemption; and changing the definition of specialty contractor to refer to the work that a specialty contractor may perform" pass the Senate?" The roll was taken with the following result: CSHB 542(RLS) Third Reading - Final Passage YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Ogan, Stedman and so, CS FOR HOUSE BILL NO. 542(RLS) passed the Senate. Senator Ellis gave notice of reconsideration. HB 545 CS FOR HOUSE BILL NO. 545(L&C) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 545(L&C) "An Act relating to time extensions under the State Procurement Code for real property leases; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2004-05-10 Senate Journal Page 3623 CSHB 545(L&C) 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 HOUSE BILL NO. 545(L&C) 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 Ellis gave notice of reconsideration. Second Reading of House Resolutions HJR 36 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, was read the second time. Senator Ogan, Chair, moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 3301. Without objection, SENATE CS FOR HOUSE JOINT RESOLUTION NO. 36(RES) was adopted. Senator Ben Stevens moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. President Therriault stated SENATE CS FOR HOUSE JOINT RESOLUTION NO. 36(RES) will be on the May 11 calendar. 2004-05-10 Senate Journal Page 3624 HCR 16 CS FOR HOUSE CONCURRENT RESOLUTION NO. 16(RLS) was read the second time and was before the Senate on final passage. The question being: "Shall CS FOR HOUSE CONCURRENT RESOLUTION NO. 16(RLS) Proposing amendments to the Uniform Rules of the Alaska State Legislature providing that the 2000 edition of "Mason's Manual of Legislative Procedure" shall implement the rules; relating to meetings of subcommittees and conference committees; and providing for an effective date for the amendments, pass the Senate?" The roll was taken with the following result: CSHCR 16(RLS) Second Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, CS FOR HOUSE CONCURRENT RESOLUTION NO. 16(RLS) passed the Senate. Senator Ellis gave notice of reconsideration. HCR 29 HOUSE CONCURRENT RESOLUTION NO. 29 am was read the second time and was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 29 am Relating to support for therapeutic courts for repeat driving while under the influence offenders, pass the Senate?" The roll was taken with the following result: HCR 29 am Second Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken 2004-05-10 Senate Journal Page 3625 and so, HOUSE CONCURRENT RESOLUTION NO. 29 am passed the Senate, was signed by the President and Secretary and returned to the House. Citations Honoring - The Sexy Senior Dumpster Cleaners of Cooper Landing Representative(s) Seaton Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Wagoner, Wilken In Memoriam - Mary McManamin Senator(s) French, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken Representative(s) Berkowitz In Memoriam - Justice Roger George Conner Representative(s) Gruenberg Senator(s) Guess, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken In Memoriam - Robert Weiser and Donna Weiser Representative(s) Gruenberg Senator(s) Guess, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken In Memoriam - Leetus L. George Representative(s) Seaton Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Wagoner, Wilken 2004-05-10 Senate Journal Page 3626 In Memoriam - Sherry Hagen Representative(s) Seaton Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Wagoner, Wilken In Memoriam - Clayton Earl Richardson Representative(s) Seaton Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Wagoner, Wilken In Memoriam - Kenton Darrell Rogers Representative(s) Seaton Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens, Wagoner, Wilken In Memoriam - Robert Serge Representative(s) Seaton Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben 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. 2004-05-10 Senate Journal Page 3627 Unfinished Business SB 308 Senator Lincoln moved and asked unanimous consent to be shown as a cosponsor on CS FOR SENATE BILL NO. 308(JUD) "An Act relating to warnings on domestic violence and stalking forms; and increasing the duration of certain provisions of domestic violence protective orders from six months to up to one year." Without objection, it was so ordered. Certification Senator Ben Stevens moved and asked unanimous consent that the journal for the one hundred nineteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. HJR 26 Senator Ben Stevens moved and asked unanimous consent that the reconsideration on CS FOR HOUSE JOINT RESOLUTION NO. 26(FIN) am S(fld S) Proposing amendments to the Constitution of the State of Alaska relating to the Alaska permanent fund, establishing the earnings account, and permitting deposits to the principal of the permanent fund; and providing for an effective date for the amendments, be held to the next legislative day. Without objection, it was so ordered. HB 385 Senators French, Lincoln, Davis, Elton, Ellis moved and asked unanimous consent to be shown as cross sponsors on SENATE CS FOR CS FOR HOUSE BILL NO. 385(JUD) "An Act relating to awarding child custody; and providing for an effective date." Without objection, it was so ordered. HB 93 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 93(TRA) "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" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. 2004-05-10 Senate Journal Page 3628 HB 188 The reconsideration on 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 not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 227 The reconsideration on CS FOR HOUSE BILL NO. 227(JUD) "An Act increasing the jurisdictional limit for small claims and for magistrates from $7,500 to $10,000; increasing the jurisdictional limit of district courts in certain civil cases from $50,000 to $100,000; expanding the jurisdiction of district courts; limiting magistrates from hearing certain small claims cases; and amending Rule 11(a)(4), Alaska District Court Rules of Civil Procedure, relating to service of process for small claims" was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 252 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 252(JUD) "An Act relating to the terms and duties of the members of the State Board of Registration for Architects, Engineers and Land Surveyors; and relating to the employment and classification of an executive secretary for the board" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. HB 272 SENATE CS FOR CS FOR HOUSE BILL NO. 272(L&C) am S "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 motor vehicle dealer's advertising an offer for the sale, lease, or purchase of a motor vehicle, 2004-05-10 Senate Journal Page 3629 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" was returned to the House for consideration. HB 273 The reconsideration on SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 273(JUD) "An Act relating to the right of a parent to waive an unemancipated child's claim of negligence against a provider of sports or recreational activities" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. HB 285 The reconsideration on CS FOR HOUSE BILL NO. 285(JUD) "An Act adopting the Uniform Electronic Transactions Act; repealing certain statutes relating to electronic records and electronic signatures; amending Rule 402, Alaska Rules of Evidence; and providing for an effective date" was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 366 The reconsideration on CS FOR HOUSE BILL NO. 366(FIN) "An Act relating to animal classic charitable gaming; and providing for an effective date" was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 418 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 418(FIN) "An Act extending the termination date of the Real Estate Commission; relating to real estate; relating to home inspectors; relating to real estate licensees; and providing for an effective date" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. 2004-05-10 Senate Journal Page 3630 HB 419 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 419(FIN) "An Act relating to regional seafood development associations and to regional seafood development taxes" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. HB 421 The reconsideration on CS FOR HOUSE BILL NO. 421(JUD) "An Act relating to reconveyances of deeds of trust" was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 459 CS FOR HOUSE BILL NO. 459(STA) am S "An Act relating to optically scanned and electronically generated ballots and to early voting; and providing for an effective date" was returned to the House for consideration. HB 467 CS FOR HOUSE BILL NO. 467(FIN) am S "An Act establishing an Alaska Commemorative Coin Commission to develop the design concepts and to make recommendations regarding the final design of the Alaska quarter under the 50 States Commemorative Coin Program Act; and providing for an effective date" was returned to the House for consideration. HB 476 CS FOR HOUSE BILL NO. 476(STA) am S "An Act establishing the Alaska Statehood Celebration Commission; and providing for an effective date" was returned to the House for consideration. HB 494 SENATE CS FOR CS FOR HOUSE BILL NO. 494(FIN) "An Act relating to the methods of disbursement of money by the state, including employment compensation, unemployment payments, and permanent fund dividends, and to bank investments and deposits by the state; and providing for an effective date" was returned to the House for consideration. 2004-05-10 Senate Journal Page 3631 HB 500 The reconsideration on HOUSE BILL NO. 500(title am) "An Act including the Joint Commission on Accreditation of Healthcare Organizations under the definition of medical review organizations" was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 531 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 531(FIN) "An Act relating to natural gas exploration and development and to nonconventional gas, and amending the section under which shallow natural gas leases may be issued; and providing for an effective date" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. HB 533 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 533(FIN) "An Act relating to the state's administrative procedures and to judicial oversight of administrative matters" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. Engrossment SB 308 CS FOR SENATE BILL NO. 308(JUD) "An Act relating to warnings on domestic violence and stalking forms; and increasing the duration of certain provisions of domestic violence protective orders from six months to up to one year" was engrossed, signed by the President and Secretary and transmitted to the House for consideration with a Senate Letter of Intent. 2004-05-10 Senate Journal Page 3632 HB 15 SENATE CS FOR CS FOR HOUSE BILL NO. 15(FIN) "An Act relating to fair trade practices and consumer protection, to telephone solicitations, to charitable solicitations; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 93 SENATE CS FOR CS FOR HOUSE BILL NO. 93(TRA) "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" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 252 SENATE CS FOR CS FOR HOUSE BILL NO. 252(JUD) "An Act relating to the terms and duties of the members of the State Board of Registration for Architects, Engineers and Land Surveyors; and relating to the employment and classification of an executive secretary for the board" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 273 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 273(JUD) "An Act relating to the right of a parent to waive an unemancipated child's claim of negligence against a provider of sports or recreational activities" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 288 SENATE CS FOR CS FOR HOUSE BILL NO. 288(STA) "An Act changing the name of the Department of Community and Economic Development to the Department of Commerce, Community, and Economic Development" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 385 SENATE CS FOR CS FOR HOUSE BILL NO. 385(JUD) "An Act relating to awarding child custody; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. 2004-05-10 Senate Journal Page 3633 HB 418 SENATE CS FOR CS FOR HOUSE BILL NO. 418(FIN) "An Act extending the termination date of the Real Estate Commission; relating to real estate; relating to home inspectors; relating to real estate licensees; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 419 SENATE CS FOR CS FOR HOUSE BILL NO. 419(FIN) "An Act relating to regional seafood development associations and to regional seafood development taxes" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 531 SENATE CS FOR CS FOR HOUSE BILL NO. 531(FIN) "An Act relating to natural gas exploration and development and to nonconventional gas, and amending the section under which shallow natural gas leases may be issued; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 533 SENATE CS FOR CS FOR HOUSE BILL NO. 533(FIN) "An Act relating to the state's administrative procedures and to judicial oversight of administrative matters" was engrossed, signed by the President and Secretary and returned to the House for consideration. SCR 24 SENATE CONCURRENT RESOLUTION NO. 24 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 252, relating to boards under AS 08.01, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 27 SENATE CONCURRENT RESOLUTION NO. 27 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 452, relating to sport fishing operators and sport fishing guides, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2004-05-10 Senate Journal Page 3634 Adjournment Senator Ben Stevens moved and asked unanimous consent that the Senate stand in adjournment until 12:00 p.m., May 11, 2004. Without objection, the Senate adjourned at 1:49 a.m. Kirsten Waid Secretary of the Senate August 2004 2004-05-10 Senate Journal Page 3635 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 FINANCE May 10 Monday Senate Finance 532 8:00 AM -- Time Change -- += HB 341 DIVE FISHERY MANAGEMENT ASSESSMENT <Above Bill Hearing Canceled> = HB 342 DRIVING UNDER INFLUENCE/ALCOHOL OFFENSES + HB 319 REC.CABIN SITES/ LOTTERY SALE/RTS. RESERV + HB 338 ATTENDANCE AT PUBLIC SCHOOL + HB 461 EMERGENCY SERVICES DISPATCH/911 SURCHARGE HB 552 GAMBLING & GAMING + Bills Previously Heard/Scheduled += HB 495 4 DAM POOL JOINT ACTION AGENCY May 11 Tuesday Senate Finance 532 11:00 AM -- Time Change -- + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES May 10 Monday Butrovich 205 1:30 PM -- Meeting Canceled -- + Bills Previously Heard/Scheduled May 12 Wednesday Butrovich 205 1:30 PM -- Meeting Canceled -- + Bills Previously Heard/Scheduled 2004-05-10 Senate Journal Page 3636 HEALTH, EDUCATION & SOCIAL SERVICES (continued) May 14 Friday Butrovich 205 1:30 PM -- Meeting Canceled -- + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY May 10 Monday Butrovich 205 8:00 AM += HB 563 LEGISLATIVE PROCEDURE & ETHICS GUIDELINES + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES May 10 Monday Butrovich 205 -- In Recess Call of Chair -- + HCR 39 ALASKA ROYALTY AND REVENUE TASK FORCE Meeting time: At the Call of the Chair ---------------------------------------- STATE AFFAIRS May 10 Monday Beltz 211 3:30 PM -- Meeting Canceled -- + HB 327 POWERS/DUTIES DOTPF <Pending Referral> ---------------------------------------- JOINT COMMITTEES CONFERENCE COMMITTEE FOR SENATE BILL 30 May 11 Tuesday Fahrenkamp 203 10:30 AM -- Time Change -- SB 30 ABORTION: INFORMED CONSENT; INFORMATION ---------------------------------------- 2004-05-10 Senate Journal Page 3637 JOINT COMMITTEES (continued) CONFERENCE COMMITTEE ON HB 375 & HB 377 May 10 Monday Senate Finance 532 7:00 AM -- Meeting Postponed -- += HB 375 APPROP: OPERATING BUDGET/LOANS/FUNDS += HB 377 APPROP:MENTAL HEALTH BUDGET ---------------------------------------- CONFERENCE COMMITTEE ON SB 283 May 10 Monday Senate Finance 532 12:00 PM -- Meeting Postponed Call of Chair -- = SB 283 APPROP: EDUC/CBR/COURTS/GRANTS/PCE ---------------------------------------- CONFERENCE COMMITTEE ON SENATE BILL 301 May 10 Monday Fahrenkamp 203 9:00 PM -- Location Change -- SB 301 PIONEERS' HOMES/VETERANS' HOMES ---------------------------------------- OTHER MEETINGS JOINT LEGISLATIVE HEALTH CAUCUS May 10 Monday Butrovich 205 12:00 PM "Alaskans Talk About the Week of the Uninsured." ---------------------------------------- JOINT SESSION May 10 Monday House Chamber 3:00 PM Governor's Appointees