Legislature(2003 - 2004)

2004-03-22 Senate Journal

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2004-03-22                     Senate Journal                      Page 2593
                                                                                                    
                                      SENATE JOURNAL                                             
                                                                                                    
                                 ALASKA STATE LEGISLATURE                                        
                                                                                                    
                        TWENTY-THIRD LEGISLATURE -- SECOND SESSION                               
                                                                                                    
Juneau, Alaska                                Monday                            March 22, 2004    
                                                                                                    
                                    Seventy-first Day                                            
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:12 a.m.                                                                            
                                                                                                    
The roll showed nineteen members present. Senator Ellis was absent.                                 
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that                                          
Senator Ellis be excused from a call of the Senate today. Without                                   
objection, Senator Ellis was excused.                                                               
                                                                                                    
The prayer was offered by the Chaplain, Pastor Robert Sherwood of                                   
Church of the Nazarene. Senator Hoffman moved and asked                                             
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
      When my son was young he used super glue on an airplane                                       
      he was building. In less than three minutes, he had bonded his                                
      right index finger to the plastic wing of a DC-10. He tried to                                
      free it. He tugged it, pulled it, waved it frantically; but he                                
      couldn't get his finger free. Soon we located a solvent that                                  
      did the job and ended our little crisis.                                                      
                                                                                                    
      I remember a scene from a family I visited this past year. The                                
      father of the family introduced his children:                                                 
                                                                                                    
      "This is Pete. He is the clumsy one of the lot."                                              
      "That's Kathy coming in with mud on her shoes. She is the                                     
      sloppy one."                                                                                  
      "As always Mike is last. He'll be late for his own funeral, I                                 
      promise you."                                                                                 
                                                                                                    
      That dad did a thorough job of gluing his children to their                                   
      faults and mistakes.                                                                          

2004-03-22                     Senate Journal                      Page 2594
      People do it to us and to those we love all the time. They                                    
      remind us of our failures, our error, our sins and they don't let                             
      us live them down. Like my son trying desperately to free                                     
      himself from the model plane, there are people who try to                                     
      free themselves from their past. They would love a chance to                                  
      begin again.                                                                                  
                                                                                                    
      When we don't let people forget their past, when we don't                                     
      forgive, we glue them to their mistakes and refuse to see them                                
      as more than something they have done. However, when we                                       
      forgive, we gently pry the doer of the hurtful deed from the                                  
      deed itself. And we say that the past is just that - past - over                              
      and done with.                                                                                
                                                                                                    
      God does what we are unable to do or what those around us                                     
      don't want to do or are unable to do for us. When we accept                                   
      His forgiveness, He separates us from our sins. "As far as the                                
      east is from the west," the psalmist says, which means as far                                 
      as you can imagine, that offense will be wiped away, blotted                                  
      out.                                                                                          
                                                                                                    
      The good news, the very good news, of the gospel is that we                                   
      don't have to remain in bondage, glued to our sins. The                                       
      healing power of God is ours for the asking, promising                                        
      freedom and the loving embrace of a Father who forgets our                                    
      past and clothes us for a new day, a new life, and a new                                      
future.                                                                              Amen.         
                                                                                                    
Senator Davis led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                      Certification                                              
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journals for the sixty-eighth through seventieth legislative days be                                
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-22                     Senate Journal                      Page 2595
                                Messages from the Governor                                       
                                                                                                    
SB 265                                                                                            
Message dated March 17 and received March 19 was read, stating the                                  
Governor signed the following bill and transmitted the engrossed and                                
enrolled copies to the Lieutenant Governor's Office for permanent                                   
filing:                                                                                             
                                                                                                    
             CS FOR SENATE BILL NO. 265(RES) "An Act                                                
             relating to the schedule of proposed oil and gas lease                                 
             sales and to a related report to the legislature; and                                  
             providing for an effective date."                                                      
                                                                                                    
                                   Chapter 8, SLA 2004                                             
                              Effective Date: March 18, 2004                                       
                                                                                                    
SB 266                                                                                            
Message dated March 17 and received March 19 was read, stating the                                  
Governor signed the following bill and transmitted the engrossed and                                
enrolled copies to the Lieutenant Governor's Office for permanent                                   
filing:                                                                                             
                                                                                                    
             SENATE BILL NO. 266 "An Act approving an                                               
             interim classification by the commissioner of natural                                  
             resources closing certain land within the area of the                                  
             proposed Bristol Bay (Alaska Peninsula) competitive                                    
             oil and gas areawide lease sale to oil and gas                                         
             exploration licensing and shallow natural gas leasing;                                 
             and providing for an effective date."                                                  
                                                                                                    
                                   Chapter 9, SLA 2004                                             
                              Effective Date: March 18, 2004                                       
                                                                                                    
                                                                                                    
                                      Communications                                             
                                                                                                    
The following report is on file in the Office of the Secretary of the                               
Senate:                                                                                             
                                                                                                    
                                                                                                    

2004-03-22                     Senate Journal                      Page 2596
Status of Brown Bears and Other Natural Resources in the McNeil                                     
River State Game Sanctuary and Refuge in 2003                                                       
from Kevin Duffy, Commissioner, Department of Fish and Game                                         
in accordance with AS 16.20.041(f)                                                                  
                                                                                                    
                                                                                                    
                                Standing Committee Reports                                       
                                                                                                    
Reports dated March 19 were read, stating:                                                          
                                                                                                    
In accordance with AS 39.05.080, the Senate Resources Committee                                     
reviewed the following and recommends the appointments be                                           
forwarded to a Joint Session for consideration:                                                     
                                                                                                    
Alaska Commercial Fisheries Commission                                                            
Commissioner Frank M. Homan - Juneau                                                                
                                                                                                    
Alaska Royalty Oil and Gas Development Advisory Board                                             
Charles E. Cole - Fairbanks                                                                         
Kenneth O. Stout - Anchorage                                                                        
                                                                                                    
Oil and Gas Conservation Commission                                                               
John K. Norman - Anchorage                                                                          
                                                                                                    
There were no stated objections to the confirmation of any of the                                   
named individuals by committee members. This does not reflect an                                    
intent by any of the members to vote for or against the individuals                                 
during any further sessions.                                                                        
                                                                                                    
Signing the reports: Senator Ogan, Chair; Senator Wagoner, Vice                                     
Chair; Senators Ben Stevens, Seekins, Elton.                                                        
                                                                                                    
SB 273                                                                                            
The Finance Committee considered SENATE BILL NO. 273 "An Act                                        
relating to the Alaska Seafood Marketing Institute, the seafood                                     
marketing assessment, the seafood marketing tax, and the seafood                                    
product tax; and providing for an effective date" and recommended it                                
be replaced with                                                                                    
                                                                                                    
                                                                                                    

2004-03-22                     Senate Journal                      Page 2597
      CS FOR SENATE BILL NO. 273(FIN) "An Act amending                                              
      the size, membership, and powers of the board of directors of                                 
      the Alaska Seafood Marketing Institute and making a                                           
      corresponding change in the quorum requirement; authorizing                                   
      the establishment of the seafood marketing assessment at a                                    
      rate of 0.5 percent or 0.6 percent of the value of seafood                                    
      products produced; providing for an election to retain,                                       
      terminate, or increase the seafood marketing assessment;                                      
      providing for the repeal of the salmon marketing tax and                                      
      provisions related to the salmon marketing tax; and providing                                 
      for an effective date."                                                                       
                                                                                                    
Signing do pass: Senator Wilken, Cochair; Senators Dyson, Ben                                       
Stevens. Signing no recommendation: Senator Green, Cochair;                                         
Senators Hoffman, Olson, Bunde.                                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 3, indeterminate, Department of Revenue                                            
                                                                                                    
Fiscal information forthcoming.                                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 274                                                                                            
The Finance Committee considered SENATE BILL NO. 274 "An Act                                        
relating to the housing assistance loan fund in the Alaska Housing                                  
Finance Corporation; creating the housing assistance loan program;                                  
repealing loans for teacher housing and providing for loans for multi-                              
family housing; making conforming amendments; and providing for                                     
an effective date." Signing do pass: Senators Green, Wilken, Cochairs;                              
Senators Dyson, Hoffman, Ben Stevens. Signing no recommendation:                                    
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.                                                       
                                                                                                    
                                                                                                    

2004-03-22                     Senate Journal                      Page 2598
SB 276                                                                                            
The Finance Committee considered SENATE BILL NO. 276 "An Act                                        
relating to the Alaska Insurance Guaranty Association; relating to joint                            
insurance arrangements and assessments to the association; relating to                              
the powers of the Alaska Industrial Development and Export                                          
Authority concerning the association; and providing for an effective                                
date" and recommended it be replaced with                                                           
                                                                                                    
             CS FOR SENATE BILL NO. 276(FIN) "An Act                                                
             relating to the Alaska Insurance Guaranty                                              
             Association; relating to the powers of the Alaska                                      
             Industrial Development and Export Authority                                            
             concerning the association; and providing for an                                       
             effective date."                                                                       
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs; Senator Ben                                      
Stevens. Signing no recommendation: Senators Dyson, Hoffman,                                        
Bunde, Olson.                                                                                       
                                                                                                    
Fiscal information forthcoming.                                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 277                                                                                            
The Finance Committee considered SENATE BILL NO. 277 "An Act                                        
relating to the Alaska Commission on Postsecondary Education;                                       
relating to the Alaska Student Loan Corporation; relating to bonds of                               
the corporation; relating to loan and grant programs of the                                         
commission; relating to an exemption from the State Procurement                                     
Code regarding certain contracts of the commission or corporation;                                  
making conforming changes; and providing for an effective date" and                                 
recommended it be replaced with                                                                     
                                                                                                    
             CS FOR SENATE BILL NO. 277(FIN)                                                        
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Bunde,                                  
Ben Stevens. Signing no recommendation: Senators Dyson, Hoffman,                                    
Olson.                                                                                              
                                                                                                    
                                                                                                    

2004-03-22                     Senate Journal                      Page 2599
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
 Fiscal Note No. 2, zero, Department of Community and Economic                                      
             Development                                                                            
 Fiscal Note No. 5, Department of Education and Early                                               
             Development                                                                            
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 279                                                                                            
The Finance Committee considered SENATE BILL NO. 279 "An Act                                        
authorizing and relating to the issuance of bonds by the Alaska                                     
Housing Finance Corporation for safe and clean water and hygienic                                   
sewage disposal facility capital projects and other capital projects;                               
providing for the repayment of the bonds and bond costs; relating to                                
the dividend paid to the state by the Alaska Housing Finance                                        
Corporation; and providing for an effective date" and recommended it                                
be replaced with                                                                                    
                                                                                                    
             CS FOR SENATE BILL NO. 279(FIN)                                                        
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Dyson,                                  
Hoffman, Ben Stevens, Olson. Signing no recommendation: Senator                                     
Bunde.                                                                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 3, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 348                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
348(JUD) "An Act relating to the rights of certain victims of crime to                              
receive information about the office of victims' rights and the Violent                             
Crimes Compensation Board" and recommended the adoption of the                                      
House Letter of Intent (House Journal, page 2695). Signing do pass:                                 
Senator Seekins, Chair; Senators Therriault, Ogan, French.                                          
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-22                     Senate Journal                      Page 2600
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
 Fiscal Note No. 2, zero, Department of Administration                                              
 Fiscal Note No. 3, zero, Department of Law                                                         
 Fiscal Note No. 4, zero, House Judiciary Committee                                                 
 Fiscal Note No. 5, zero, Department of Public Safety                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 357                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
357(JUD) "An Act relating to restitution; and providing for an                                      
effective date" and recommended it be replaced with                                                 
                                                                                                    
      SENATE CS FOR CS FOR HOUSE BILL NO. 357(JUD)                                                  
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators French, Therriault,                               
Ogan.                                                                                               
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, indeterminate, Department of Administration                                     
 Fiscal Note No. 2, indeterminate, Department of Law                                                
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 397                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
397(JUD) "An Act relating to defense contacts with and recordings of                                
statements of victims and witnesses of sexual offenses" and                                         
recommended it be replaced with                                                                     
                                                                                                    
                       SENATE CS FOR CS FOR HOUSE BILL NO. 397(JUD)                                
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators French, Therriault,                               
Ogan.                                                                                               
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
 Fiscal Note No. 2, zero, Department of Administration                                              
 Fiscal Note No. 3, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       

2004-03-22                     Senate Journal                      Page 2601
HB 398                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
398(JUD) am "An Act relating to domestic violence fatality review                                   
teams" and recommended it be replaced with                                                          
                                                                                                    
                       SENATE CS FOR CS FOR HOUSE BILL NO. 398(JUD)                                
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senator Ogan. Signing no                                   
recommendation: Senators Therriault, French.                                                        
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
 Fiscal Note No. 2, zero, Department of Administration                                              
 Fiscal Note No. 3, zero, Department of Law                                                         
 Fiscal Note No. 4, zero, Department of Public Safety                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 414                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
414(JUD) "An Act relating to filling a vacancy in the office of United                              
States senator, and to the definition of 'political party'" and                                     
recommended it be replaced with                                                                     
                                                                                                    
                       SENATE CS FOR CS FOR HOUSE BILL NO. 414(STA)                                
                                                                                                    
Signing do pass: Senator Gary Stevens, Chair; Senators Cowdery,                                     
Stedman. Signing do not pass: Senator Guess.                                                        
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, zero, Office of the Governor                                                    
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SB 374                                                                                            
SENATE BILL NO. 374 BY THE SENATE FINANCE                                                           
COMMITTEE BY REQUEST, entitled:                                                                     
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-22                     Senate Journal                      Page 2602
             "An Act relating to calculation of the amount to                                       
             offset the effect of inflation on the principal of the                                 
             Alaska permanent fund, and to transfers of money                                       
             from the earnings reserve account; and providing for                                   
             an effective date."                                                                    
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
                              Consideration of the Calendar                                      
                                                                                                    
                              Second Reading of Senate Bills                                     
                                                                                                    
SB 344                                                                                            
SENATE BILL NO. 344 "An Act relating to the Uniform Probate                                         
Code and trusts, including pleadings, orders, nonprobate assets, estates                            
of decedents, minors, protected persons, incapacitated persons,                                     
guardians, conservators, trustees, foreign trusts, principal and income,                            
and transfer restrictions; relating to corporate voting trusts; and                                 
providing for an effective date" was read the second time.                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Elton objected.                                                                    
                                                                                                    
President Therriault stated SENATE BILL NO. 344 would be on the                                     
March 24 calendar.                                                                                  
                                                                                                    
                                                                                                    
                                        Citations                                                
                                                                                                    
Honoring - Women in History Month                                                                   
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Ellis, Elton,                                  
French, Green, Guess, Hoffman, Lincoln, Ogan, Olson, Seekins,                                       
Stedman, Ben Stevens, Gary Stevens, Wagoner, Wilken                                                 
                                                                                                    
Honoring - Dillingham Girls Volleyball Team                                                         
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                 
Gary Stevens, Wagoner, Wilken                                                                       

2004-03-22                     Senate Journal                      Page 2603
Honoring - Walter C. Monegan                                                                        
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                
Elton, French, Green, Guess, Lincoln, Olson, Seekins, Stedman, Ben                                  
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
Honoring - Lathrop High School Academic Decathlon State                                             
Champions                                                                                           
Representative(s) Holm                                                                              
Senator(s) Wilken, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner                                                                      
                                                                                                    
Honoring - Bryan Nusunginya                                                                         
Representative(s) Wolf                                                                              
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wilken                                                                       
                                                                                                    
Honoring - Justin Nusunginya                                                                        
Representative(s) Wolf                                                                              
Senator(s) Wagoner, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wilken                                                                       
                                                                                                    
Commemorating - Law Enforcement Memorial Day, May 7, 2004                                           
Representative(s) Kott                                                                              
Senator(s) Dyson, Therriault, Bunde, Cowdery, Davis, Ellis, Elton,                                  
French, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman,                                    
Ben Stevens, Gary Stevens, Wagoner, Wilken                                                          
                                                                                                    
Honoring - Courtney Davison, Prudential Spirit of Community Award                                   
Representative(s) Rokeberg                                                                          
Senator(s) Ben Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                   
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman,                                     
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Arthur and Nancy Skonberg on their Golden Wedding                                        
Anniversary                                                                                         
Representative(s) Ogg                                                                               
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            

2004-03-22                     Senate Journal                      Page 2604
In Memoriam - Gladys Humphries                                                                      
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Charles Stevens                                                                       
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Omari Russell, Sr.                                                                    
Senator(s) Davis, Therriault, Bunde, Cowdery, Dyson, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Carl Jerry David                                                                      
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                 
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                                   Unfinished Business                                           
                                                                                                    
                             Reconsideration of Senate Bills                                     
                                                                                                    
SB 309                                                                                            
Senator Wagoner requested that the reconsideration on CS FOR                                        
SENATE BILL NO. 309(JUD) am "An Act relating to testing the                                         
blood of prisoners and those in custody for bloodborne pathogens" be                                
taken up. The bill was before the Senate on reconsideration.                                        
                                                                                                    
Senator Wagoner moved that the bill be returned to second reading for                               
the purpose of a specific amendment, that being Amendment No. 2.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
                                                                                                    

2004-03-22                     Senate Journal                      Page 2605
Senator Wagoner offered Amendment No. 2:                                                            
                                                                                                    
Page 5, line 2, following "occurred;":                                                              
 Delete "or"                                                                                        
                                                                                                    
Senator Wagoner moved for the adoption of Amendment No. 2.                                          
Senator French objected, then withdrew his objection. There being no                                
further objections, Amendment No. 2 was adopted.                                                    
                                                                                                    
CS FOR SENATE BILL NO. 309(JUD) am was automatically in third                                       
reading on reconsideration.                                                                         
                                                                                                    
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
309(JUD) am "An Act relating to testing the blood of prisoners and                                  
those in custody for bloodborne pathogens" pass the Senate?" The roll                               
was taken with the following result:                                                                
                                                                                                    
CSSB 309(JUD) am                                                                                    
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Elton, French, Green, Guess,                                   
Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                         
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Ellis                                                                                     
                                                                                                    
and so, CS FOR SENATE BILL NO. 309(JUD) am passed the Senate                                        
on reconsideration and was referred to the Secretary for engrossment.                               
                                                                                                    
Senator Lincoln moved and asked unanimous consent to be shown as a                                  
cosponsor on the bill. Without objection, it was so ordered.                                        
                                                                                                    
Senator Wilken moved and asked unanimous consent that the                                           
following citation be made a special order of business. Without                                     
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-22                     Senate Journal                      Page 2606
                                Special Order of Business                                        
                                                                                                    
In Memoriam - In Recognition of the Life of Captain Jonathan P.                                     
Scheer - "Cosmo"                                                                                    
Senator(s) Wilken, Therriault, Cowdery, Davis, Dyson, Elton, Green,                                 
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner                                                                               
                                                                                                    
Senator Wilken moved and asked unanimous consent that the citation                                  
be adopted. Without objection, the citation was adopted and referred to                             
the Secretary for transmittal.                                                                      
#END                                                                                                
Senator Seekins moved and asked unanimous consent to be excused                                     
from a call of the Senate from afternoon plane time, March 26 to                                    
evening plane time, March 28. Without objection, Senator Seekins was                                
excused.                                                                                            
                                                                                                    
Senator Lincoln moved and asked unanimous consent to be excused                                     
from a call of the Senate on March 26. Without objection, Senator                                   
Lincoln was excused.                                                                                
                                                                                                    
Senator Wagoner moved and asked unanimous consent to be excused                                     
from a call of the Senate from afternoon plane time, April 2 to                                     
morning plane time, April 4. Without objection, Senator Wagoner was                                 
excused.                                                                                            
                                                                                                    
SB 347                                                                                            
The reconsideration on CS FOR SENATE BILL NO. 347(RES) "An                                          
Act relating to moratoria on entry of new participants or vessels into a                            
commercial fishery; relating to vessel permits for, and the                                         
establishment of a moratorium on entry of new vessels into, state Gulf                              
of Alaska groundfish fisheries; and providing for an effective date"                                
was not taken up this legislative day and the bill was referred to the                              
Secretary for engrossment.                                                                          
                                                                                                    
                                                                                                    
                                      Announcements                                              
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    

2004-03-22                     Senate Journal                      Page 2607
                                       Engrossment                                               
                                                                                                    
SB 309                                                                                            
CS FOR SENATE BILL NO. 309(JUD) am "An Act relating to                                              
testing the blood of prisoners and those in custody for bloodborne                                  
pathogens" was engrossed, signed by the President and Secretary and                                 
transmitted to the House for consideration.                                                         
                                                                                                    
SB 347                                                                                            
CS FOR SENATE BILL NO. 347(RES) "An Act relating to moratoria                                       
on entry of new participants or vessels into a commercial fishery;                                  
relating to vessel permits for, and the establishment of a moratorium                               
on entry of new vessels into, state Gulf of Alaska groundfish fisheries;                            
and providing for an effective date" was engrossed, signed by the                                   
President and Secretary and transmitted to the House for                                            
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                        Enrollment                                               
                                                                                                    
SB 63                                                                                             
HOUSE CS FOR CS FOR SENATE BILL NO. 63(CRA) "An Act                                                 
relating to municipal property taxation in annexed, detached, and                                   
newly incorporated areas" was enrolled, signed by the President and                                 
Secretary, Speaker and Chief Clerk and the engrossed and enrolled                                   
copies transmitted to the Office of the Governor at 12:42 p.m., March                               
22, 2004.                                                                                           
                                                                                                    
                                                                                                    
                                       Adjournment                                               
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., March 24, 2004.                                       
Without objection, the Senate adjourned at 11:31 a.m.                                               
                                                                                                    
                                                                                     Kirsten Waid   
                                                                      Secretary of the Senate       
                                                                                                    
                                                                                      March 2004    

2004-03-22                     Senate Journal                      Page 2608
                                      Announcements                                              
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                   STANDING COMMITTEES                                           
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                               COMMUNITY & REGIONAL AFFAIRS                                      
                                                                                                    
Mar 22             Monday                               Fahrenkamp 203                       1:30 P
                   No Meeting Scheduled                                                             
                                                                                                    
Mar 24             Wednesday                            Fahrenkamp 203                       1:30 P
+ SB 267 SENIOR WIDOW(ER) PROPERTY TAX EXEMPTION                                                    
                   Bills Previously Heard/Scheduled                                                 
                                                                                                    
Mar 26             Friday                               Fahrenkamp 203                       1:30 P
                   No Meeting Scheduled                                                             
                         ----------------------------------------                                  
                                                                                                    
                                         FINANCE                                                 
                                                                                                    
Mar 22             Monday                            Senate Finance 532                     9:00 AM
+= SB 279 AHFC WATER & SEWER BONDS                                                                  
+= SB 274 HOUSING PROGRAMS                                                                          
+= SB 273 ASMI BOARD/ SEAFOOD TAXES & ASSESSMENTS                                                   
+= SB 277 STUDENT LOAN PROGRAMS                                                                     
+= SB 276 ALASKA INSURANCE GUARANTY ASSOCIATION                                                     
+= HB 233 INCREASE EDUCATION FUNDING                                                                
+= SB  35 APPROPRIATIONS: K-12, UNIVERSITY                                                          
+                  Bills Previously Heard/Scheduled                                                 
                                                                                                    
Mar 23             Tuesday                           Senate Finance 532                     9:00 AM
+= SB 271 NATURAL GAS DEVEL AUTHORITY PROJECTS                                                      
+= SB 300 ATTORNEY'S LIEN                                                                           
+= SB 322 SALMON ENHANCEMENT TAX                                                                    
+                  Bills Previously Heard/Scheduled                                                 

2004-03-22                     Senate Journal                      Page 2609
                                   FINANCE (continued)                                           
                                                                                                    
Mar 24             Wednesday                         Senate Finance 532                     9:00 AM
+= SB 328 NATIONAL FOREST INCOME PROGRAM/DCED REGS                                                  
+ SB 286 DIRECT MARKETING FISHERIES BUSINESS                                                        
+ SB 366 STATE  SALES TAX                                                                           
+                  Bills Previously Heard/Scheduled                                                 
                                                                                                    
Mar 25             Thursday                          Senate Finance 532                     9:00 AM
+= SB 306 NATUROPATHIC MEDICINE                                                                     
+ SB 298 OFF-ROAD VEHICLE USE ON DALTON HIGHWAY                                                     
+                  Bills Previously Heard/Scheduled                                                 
                                                                                                    
Mar 26             Friday                            Senate Finance 532                     9:00 AM
+ SB 301 PIONEERS' HOMES/VETERANS' HOMES                                                            
+ SB 256 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
+ SB 258 APPROP:MENTAL HEALTH BUDGET                                                                
+                  Bills Previously Heard/Scheduled                                                 
                         ----------------------------------------                                  
                                                                                                    
                           HEALTH, EDUCATION & SOCIAL SERVICES                                   
                                                                                                    
Mar 22             Monday                                    Butrovich 205                   1:30 P
      SB 373 PHYSICIAN INTERNS AND RESIDENTS                                                        
= SB 364 LIMIT STATE AID FOR MENTAL HEALTH CARE                                                     
                                                                                                    
Mar 24             Wednesday                                 Butrovich 205                   1:30 P
+= HB  25 HEALTH CARE SERVICES DIRECTIVES                                                           
                   Bills Previously Heard/Scheduled                                                 
                                                                                                    
Mar 26             Friday                                    Butrovich 205                   1:30 P
+                  CONFIRMATION HEARINGS                                                            
                   Bills Previously Heard/Scheduled                                                 
                         ----------------------------------------                                  
                                                                                                    
                                        JUDICIARY                                                
                                                                                                    
Mar 22             Monday                                    Butrovich 205                  8:00 AM
+= HB 348 NOTICE TO CRIME VICTIMS                                                                   
+= HB 349 ILLEGALLY OBTAINED EVIDENCE/EVID RULE 412                                                 
+= HB 357 RESTITUTION                                                                               
+= HB 397 DEFENSE CONTACTS WITH VICTIMS & WITNESSES                                                 
+= HB 398 DOMESTIC VIOLENCE FATALITY REVIEW TEAM                                                    
+                  Bills Previously Heard/Scheduled                                                 

2004-03-22                     Senate Journal                      Page 2610
                                  JUDICIARY (continued)                                          
                                                                                                    
Mar 24             Wednesday                                 Butrovich 205                  8:00 AM
+ HB 414 U.S.SENATE VACANCY/DEF OF POLITICAL PARTY                                                  
+ SB 338 CLAIMS AGAINST STATE EMPLOYEES                                                             
+= SB 170 CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE                                                 
+                  Bills Previously Heard/Scheduled                                                 
                                                                                                    
Mar 26             Friday                                    Butrovich 205                  8:00 AM
+ SB 311 INSURANCE & WORKERS' COMPENSATION SYSTEM                                                   
+ HB 230 POLITICAL SIGNS ON PRIVATE PROPERTY                                                        
+ SB 308 DOMESTIC VIOLENCE PROTECTIVE ORDERS                                                        
+= SB 345 LIABILITY FOR AIRPORTS AND AIRSTRIPS                                                      
+                  Bills Previously Heard/Scheduled                                                 
                         ----------------------------------------                                  
                                                                                                    
                                     LABOR & COMMERCE                                            
                                                                                                    
Mar 23             Tuesday                                          Beltz 211                1:30 P
+ HJR 34 FED TRAINING AND ASSISTANCE FOR FISHERMEN                                                  
+= HB 409 SEINE VESSEL LENGTH                                                                       
+ SB 358 ALASKA RAILROAD TRACK WORK                                                                 
                   Bills Previously Heard/Scheduled                                                 
                   Including but Not Limited to:                                                    
+= SB 357 INSURANCE                                                                                 
+= HB 340 DAMAGES IN CONSTRUCTION CLAIMS                                                            
                                                                                                    
Mar 25             Thursday                                         Beltz 211                1:30 P
+ SB 368 TOBACCO TAX; LICENSING; PENALTIES                                                          
+ HB 285 ELECTRONIC TRANSACTIONS & SIGNATURES                                                       
+ HB  15 SOLICITATIONS/CONSUMER PROTECTION                                                          
                   Bills Previously Heard/Scheduled                                                 
                   Including but Not Limited to:                                                    
+= SB 337 ENERGY PROGRAMS & FUNDS                                                                   
                         ----------------------------------------                                  
                                                                                                    
                                        RESOURCES                                                
                                                                                                    
Mar 22             Monday                                    Butrovich 205                   3:30 P
+ SB 355 WASTE MANAGEMENT/DISPOSAL                                                                  
+                  Bills Previously Heard/Scheduled                                                 
+= SB 312 CONVENTIONAL & NONCONVENTIONAL GAS LEASES                                                 
                                                                                                    

2004-03-22                     Senate Journal                      Page 2611
                                  RESOURCES (continued)                                          
                                                                                                    
Mar 24             Wednesday                                 Butrovich 205                   3:30 P
+ SB 329 NUISANCE MOOSE                                                                             
+ HB 344 MINING FEES/LABOR/ROYALTIES/ABANDONMENT                                                    
+                  Bills Previously Heard/Scheduled                                                 
                                                                                                    
Mar 26             Friday                                    Butrovich 205                   3:30 P
+                  Bills Previously Heard/Scheduled                                                 
                         ----------------------------------------                                  
                                                                                                    
                                      STATE AFFAIRS                                              
                                                                                                    
Mar 23             Tuesday                                          Beltz 211                3:30 P
+ SB 246 HATE CRIMES/DISCRIMINATION/TOLERANCE PROG                                                  
+ SB 356 VOTERS/VOTING/POLITICAL PARTIES/ELECTIONS                                                  
                   <Bill Hearing Postponed>                                                         
+ SB 354 HUMAN RIGHTS COMMISSION PROCEDURES                                                         
+ SB 224 LOWER DWI FOR MINORS TO .02                                                                
                   Bills Previously Heard/Scheduled                                                 
                                                                                                    
Mar 25             Thursday                                         Beltz 211                3:30 P
+= SCR 12 BOROUGH INCORPORATION: UNORG AREAS                                                        
+ HB 213 PROVISIONAL DRIVER'S LICENSE                                                               
+ HB 337 ANATOMICAL GIFTS REGISTRY                                                                  
+ HB 350 CRIME VICTIMS' COMPENSATION FOR ARSON                                                      
                   Bills Previously Heard/Scheduled                                                 
                         ----------------------------------------                                  
                                                                                                    
                                      TRANSPORTATION                                             
                                                                                                    
Mar 23             Tuesday                                   Butrovich 205                   1:30 P
                   No Meeting Scheduled                                                             
                                                                                                    
Mar 25             Thursday                                  Butrovich 205                   1:30 P
+ HB  93 BOATING SAFETY,REGISTRATION, NUMBERING                                                     
                         ----------------------------------------                                  
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-22                     Senate Journal                      Page 2612
                                  FINANCE SUBCOMMITTEES                                          
                                                                                                    
                                      ADMINISTRATION                                             
                                                                                                    
Mar 26             Friday                               Fahrenkamp 203                      8:00 AM
                   FY 05 Budget Close-out                                                           
                         ----------------------------------------                                  
                                                                                                    
                            COMMUNITY AND ECONOMIC DEVELOPMENT                                   
                                                                                                    
Mar 25             Thursday                          Senate Finance 532                      1:30 P
                   -- Time Change --                                                                
                   Close-out                                                                        
                         ----------------------------------------                                  
                                                                                                    
                                       CORRECTIONS                                               
                                                                                                    
Mar 24             Wednesday                         Senate Finance 532                      5:00 P
                   FY 05 Budget Close-out                                                           
                         ----------------------------------------                                  
                                                                                                    
                                       COURT SYSTEM                                              
                                                                                                    
Mar 25             Thursday                          Senate Finance 532                      1:00 P
                   FY 05 Budget Request                                                             
                         ----------------------------------------                                  
                                                                                                    
                              EDUCATION & EARLY DEVELOPMENT                                      
                                                                                                    
Mar 25             Thursday                          Senate Finance 532                      5:00 P
                   FY 05 Operating Budget Close-out                                                 
                         ----------------------------------------                                  
                                                                                                    
                                       FISH & GAME                                               
                                                                                                    
Mar 22             Monday                               Fahrenkamp 203                       2:00 P
                   Fish & Game Budget                                                               
                         ----------------------------------------                                  
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-22                     Senate Journal                      Page 2613
                            FINANCE SUBCOMMITTEES (continued)                                    
                                                                                                    
                                         GOVERNOR                                                
                                                                                                    
Mar 25             Thursday                          Senate Finance 532                     8:15 AM
                   FY 05 Budget Request                                                             
                         ----------------------------------------                                  
                                                                                                    
                                 HEALTH & SOCIAL SERVICES                                        
                                                                                                    
Mar 22             Monday                            Senate Finance 532                      5:00 P
                   FY 05 Budget:  Medicaid, Seniors and                                             
                   DD Services                                                                      
                                                                                                    
Mar 23             Tuesday                           Senate Finance 532                      4:00 P
                   FY 05 Budget:  Child Protection                                                  
                         ----------------------------------------                                  
                                                                                                    
                              LABOR & WORKFORCE DEVELOPMENT                                      
                                                                                                    
Mar 23             Tuesday                              Fahrenkamp 203                      8:00 AM
                   FY 05 Budget Close-out                                                           
                         ----------------------------------------                                  
                                                                                                    
                                           LAW                                                   
                                                                                                    
Mar 23             Tuesday                              Fahrenkamp 203                       4:00 P
                   FY 05 Budget Close-out                                                           
                         ----------------------------------------                                  
                                                                                                    
                                       LEGISLATURE                                               
                                                                                                    
Mar 23             Tuesday                           Senate Finance 532                     8:30 AM
                   FY 05 Budget Request                                                             
                         ----------------------------------------                                  
                                                                                                    
                                    NATURAL RESOURCES                                            
                                                                                                    
Mar 24             Wednesday                            Fahrenkamp 203                      8:00 AM
                   FY 05 Budget Close-out                                                           
                         ----------------------------------------                                  

2004-03-22                     Senate Journal                      Page 2614
                            FINANCE SUBCOMMITTEES (continued)                                    
                                                                                                    
                                      PUBLIC SAFETY                                              
                                                                                                    
Mar 23             Tuesday                                          Beltz 211               8:00 AM
                    Public Safety Budget                                                            
                         ----------------------------------------                                  
                                                                                                    
                            TRANSPORTATION & PUBLIC FACILITIES                                   
                                                                                                    
Mar 25             Thursday                          Senate Finance 532                      4:30 P
                   Close-out                                                                        
                         ----------------------------------------                                  
                                                                                                    
                                     JOINT COMMITTEES                                            
                                                                                                    
                                   LEGISLATIVE COUNCIL                                           
                                                                                                    
Mar 25             Thursday                           House Finance 519                      5:30 P
                   -- Agenda to be Announced --                                                     
                         ----------------------------------------                                  
                                                                                                    
                                SALMON INDUSTRY TASK FORCE                                       
                                                                                                    
Mar 28             Sunday                             House Finance 519                   11:00 AM 
                   Final Task Force Discussion, Work-group                                          
                   Recommendations                                                                  
                         ----------------------------------------                                  
                                                                                                    
                          SELECT COMMITTEE ON LEGISLATIVE ETHICS                                 
                                                                                                    
Mar 22             Monday                                           Beltz 211               8:00 AM
                   -- Teleconference --                                                             
                   Full Committee Meeting to Discuss                                                
                   "Open Meetings"                                                                  
                   Public Comment is limited to 3 minutes                                           
                   or as time allows                                                                
                         ----------------------------------------                                  
                                                                                                    
                                                                                                    
                                                                                                    

2004-03-22                     Senate Journal                      Page 2615
                                      OTHER MEETINGS                                             
                                                                                                    
                                 ENERGY POLICY TASK FORCE                                        
                                                                                                    
Mar 30             Tuesday                                       Anchorage                   1:00 P
                   AIDEA/AEA Board Room                                                             
                   813 W. Northern Lights Blvd., Third Floor                                        
                   1:00 PM - 5:00 PM                                                                
                         ----------------------------------------                                  
                                                                                                    
                                       FISH CAUCUS                                               
                                                                                                    
Mar 24             Wednesday                                 Butrovich 205                 12:00 PM
                   Offshore Fish Farming in Federal Waters                                          
                         ----------------------------------------                                  
                                                                                                    
                             JOINT LEGISLATIVE HEALTH CAUCUS                                     
                                                                                                    
Mar 23             Tuesday                                   Butrovich 205                 12:00 PM
                   "Can Alaska Afford its Next Drink?:                                              
                   Alcohol and Alaskan Health"                                                      
                         ----------------------------------------                                  
                                                                                                    
                                      JOINT SESSION                                              
                                                                                                    
Apr 02             Friday                                House Chamber                    11:00 AM 
                   Address by US Senator Lisa Murkowski