Legislature(2003 - 2004)

2004-04-28 Senate Journal

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2004-04-28                     Senate Journal                      Page 3115
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                   Wednesday                    April 28, 2004                      
                                                                                                    
                            One Hundred Eighth Day                                               
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:12 a.m.                                                                            
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Jesse Kiehl of the Jewish                                   
Community of Juneau. Senator Bunde moved and asked unanimous                                        
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
          With deepest respect for the beliefs of all Alaskans,                                     
                                                                                                    
          Adonai tsifatai tiftach, ufi yagid tehilatecha.                                           
          Eternal God, open my lips that my mouth may                                               
          declare Your glory.                                                                       
                                                                                                    
          Ata kadosh v'shimcha kadosh u'kedoshim bechol-                                            
          yom yehalelucha selah.                                                                    
          You are holy, Your name is holy, and those who                                            
          strive to be holy declare Your glory day by day.                                          
                                                                                                    
          We pray for sanctification in our lives and our work,                                     
          Oh God - for eyes opened to what is right and just,                                       
          for hearts prepared to serve in truth. Our pursuit of                                     
          justice and mercy, our acts of study and service and                                      
          loving kindness are themselves a blessing on our                                          
          families, our communities, and ourselves.                                                 
                                                                                                    
          And as this legislative session draws near its weary                                      
          end, we ask blessing on our efforts.                                                      
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3116
                 Baruch atah Adonai, eloheinu ruach ha-olam,                                       
          hanosayn layo-ayf koach.                                                                  
             Blessed are You, oh God, the breath of the universe,                                  
          who gives strength to the weary.                                                          
                                                                                                    
          Baruch atah Adonai, ha-eil hakadosh.                                                      
         Blessed is the Eternal, the holy God.                 Amen.                               
                                                                                                    
                                                                                                    
Senator Gary Stevens led the Senate in the Pledge of Allegiance.                                    
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the one hundred seventh legislative day be approved as                                  
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated April 27 was read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 309                                                                                            
CS FOR HOUSE BILL NO. 309(JUD) am  BY THE HOUSE                                                     
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to nonindigenous fish."                                                  
                                                                                                    
was read the first time and referred to the State Affairs and Resources                             
Committees.                                                                                         
                                                                                                    
HB 366                                                                                            
CS FOR HOUSE BILL NO. 366(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3117
            "An Act relating to animal classic charitable gaming;                                  
          and providing for an effective date."                                                     
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
HB 367                                                                                            
CS FOR HOUSE BILL NO. 367(FIN) am  BY THE HOUSE                                                     
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
             "An Act relating to the licensing and regulation of                                   
               adult-oriented businesses; and providing for an                                     
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Labor and Commerce,                                     
Judiciary and Finance Committees.                                                                   
                                                                                                    
HB 379                                                                                            
HOUSE BILL NO. 379 BY REPRESENTATIVES WEYHRAUCH,                                                    
Anderson, Foster, Gara, Kerttula, Dahlstrom, Ogg, Lynn, Gruenberg,                                  
entitled:                                                                                           
                                                                                                    
                "An Act establishing an office of citizenship                                      
             assistance in the Department of Labor and Workforce                                   
          Development."                                                                             
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Reports dated April 28 were read stating:                                                           
                                                                                                    
In accordance with AS 39.05.080, the Senate Judiciary Committee                                     
reviewed the following and recommends the appointments be                                           
forwarded to a joint session for consideration:                                                     
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3118
Commission on Judicial Conduct                                                                    
 Peter J. Aschenbrenner                                                                             
 Thomas G. Nave                                                                                     
                                                                                                    
Board of Governors of the Alaska Bar Association                                                  
     Michael J. Hurley                                                                              
 Joseph N. Faulhaber                                                                                
                                                                                                    
Violent Crimes Compensation Board                                                                 
 Gerad Godfrey                                                                                      
 Dr. David G. Ingraham                                                                              
                                                                                                    
This does not reflect an intent by any of the members to vote for or                                
against the individuals during any further sessions.                                                
                                                                                                    
Signing the report: Senator Seekins, Chair; Senators Ellis, Therriault,                             
French, Ogan.                                                                                       
                                                                                                    
SB 132                                                                                            
Forthcoming Resources Committee Substitute (page 3094) for                                          
SENATE BILL NO. 132 "An Act removing the Old Minto townsite                                         
from the Minto Flats State Game Refuge; and authorizing the                                         
Department of Natural Resources to convey certain land at the historic                              
Old Minto site to the Minto Village Council" was received today:                                    
                                                                                                    
          CS FOR SENATE BILL NO. 132(RES) "An Act                                                   
          removing the Old Minto townsite from the Minto                                            
          Flats State Game Refuge; and authorizing the                                              
          Department of Natural Resources to convey certain                                         
          land at the historic Old Minto site to the Native                                         
          Village of Minto."                                                                        
                                                                                                    
SB 136                                                                                            
Forthcoming Finance Committee Substitute (page 3094) for SENATE                                     
BILL NO. 136 "An Act increasing an optional exclusion or exemption                                  
from municipal taxation for residential property" was received today:                               
                                                                                                    
          CS FOR SENATE BILL NO. 136(FIN) "An Act                                                   
          relating to an optional exclusion or exemption from                                       
          municipal taxation for residential property; and                                          

2004-04-28                     Senate Journal                      Page 3119
          relating to an exemption from and deferral of                                             
          municipal property taxes on certain types of                                              
          deteriorated property."                                                                   
                                                                                                    
SB 224                                                                                            
The State Affairs Committee considered SENATE BILL NO. 224 "An                                      
Act relating to lowering the legal level of intoxication for operating a                            
motor vehicle, aircraft, or watercraft to .02 percent or the equivalent                             
for persons under 21 years of age; relating to implied consent for                                  
purposes of determining consumption of alcohol; and providing for an                                
effective date" and recommended it be replaced with                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 224(STA) "An Act                                                   
          relating to a minor operating a vehicle after                                             
          consuming alcohol, to a minor refusing to submit to                                       
          chemical tests, and to driving during the 24 hours                                        
          after being cited for one of those offenses; and                                          
          providing for an effective date."                                                         
                                                                                                    
Signing do pass: Senator Gary Stevens, Chair; Senator Cowdery.                                      
Signing no recommendation: Senators Stedman, Guess.                                                 
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 5, zero, Department of Public Safety                                               
 Fiscal Note No. 6, indeterminate, Alaska Court System                                              
 Fiscal Note No. 7, zero, Department of Health and Social Services                                  
                                                                                                    
Fiscal information forthcoming.                                                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 272                                                                                            
The Finance Committee considered SENATE BILL NO. 272 "An Act                                        
relating to certain monetary advances in which the deposit or other                                 
negotiation of certain instruments to pay the advances is delayed until                             
a later date; and providing for an effective date" and recommended it                               
be replaced with                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3120
          CS FOR SENATE BILL NO. 272(FIN) "An Act                                                   
          relating to certain monetary advances in which the                                        
          deposit or other negotiation of checks to pay the                                         
          advances is delayed until a later date; and providing                                     
          for an effective date."                                                                   
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Dyson,                                  
Bunde, Ben Stevens. Signing do not pass: Senator Hoffman. Signing                                   
no recommendation: Senator Olson.                                                                   
                                                                                                    
Fiscal information forthcoming.                                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 278                                                                                            
Forthcoming Finance Committee Substitute (page 3095) for SENATE                                     
BILL NO. 278 "An Act relating to fees for the inspection of                                         
recreational devices, for certificates of fitness for electrical wiring and                         
plumbing, for filing voluntary flexible work hour plans, and for                                    
licenses for boiler operators; and providing for an effective date" was                             
received today:                                                                                     
                                                                                                    
          CS FOR SENATE BILL NO. 278(FIN) "An Act                                                   
          relating to fees for the inspection of recreational                                       
          devices, including instructional devices,  for                                            
          certificates of fitness for electrical wiring and                                         
          plumbing, and for licenses for boiler operators;                                          
          relating to the building safety account; and providing                                    
          for an effective date."                                                                   
                                                                                                    
SB 306                                                                                            
The Finance Committee considered SENATE BILL NO. 306 "An Act                                        
relating to the practice of naturopathic medicine; and providing for an                             
effective date" and recommended it be replaced with                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 306(FIN)                                                           
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators Dyson,                                  
Ben Stevens. Signing no recommendation: Senators Hoffman, Olson.                                    
Signing amend: Senator Bunde.                                                                       

2004-04-28                     Senate Journal                      Page 3121
Fiscal information forthcoming.                                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 369                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
369 "An Act exempting a person who allows a student of the                                          
University of Alaska to gain practical work experience with the person                              
while participating in a practicum from vicarious liability as an                                   
employer, and exempting the student participating in a practicum from                               
the Alaska Wage and Hour Act and workers' compensation coverage"                                    
and recommended it be replaced with                                                                 
                                                                                                    
          CS FOR SENATE BILL NO. 369(L&C) "An Act                                                   
          exempting a person who allows a student of the                                            
          University of Alaska to gain practical work                                               
          experience with the person while participating in a                                       
          practicum from vicarious liability as an employer,                                        
          and exempting the student participating in a                                              
          practicum from the Alaska Wage and Hour Act; and                                          
          providing for an effective date."                                                         
                                                                                                    
Signing do pass: Senator Bunde, Chair; Senators Seekins, Gary                                       
Stevens. Signing do not pass: Senator French.                                                       
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, University of Alaska                                                      
 Fiscal Note No. 2, zero, Department of Labor and Workforce                                         
          Development                                                                               
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SB 377                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
377 "An Act relating to the state's mechanical code, to mechanical                                  
contractors and mechanical administrators, to mechanical standards                                  
and inspections involved in certain housing loans, and to the adoption                              
of the state's mechanical code; and providing for an effective date."                               
Signing do pass: Senator Bunde, Chair; Senator Seekins. Signing no                                  
recommendation: Senators French, Gary Stevens.                                                      

2004-04-28                     Senate Journal                      Page 3122
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Labor and Workforce                                         
          Development                                                                               
 Fiscal Note No. 2, indeterminate, Department of Public Safety                                      
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 391                                                                                            
The Transportation Committee considered SENATE BILL NO. 391                                         
"An Act relating to use of a snow machine within the James Dalton                                   
Highway corridor to establish, maintain, and service traplines located                              
outside the corridor" and recommended it be replaced with                                           
                                                                                                    
          CS FOR SENATE BILL NO. 391(TRA)                                                           
                                                                                                    
Signing do pass: Senator Cowdery, Cochair. Signing no                                               
recommendation: Senator Wagoner, Cochair. Signing do not pass:                                      
Senator Olson. Signing amend: Senator Lincoln.                                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Public Safety                                               
 Fiscal Note No.2, zero, Department of Fish and Game                                                
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 394                                                                                            
The Transportation Committee considered SENATE BILL NO. 394                                         
"An Act relating to a port development project on Lynn Canal,                                       
providing legislative approval for the Alaska Industrial Development                                
and Export Authority to issue bonds for the project; and providing for                              
an effective date." Signing do pass: Senators Cowdery, Wagoner,                                     
Cochairs; Senator Therriault. Signing no recommendation: Senators                                   
Lincoln, Olson.                                                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
          Development                                                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     

2004-04-28                     Senate Journal                      Page 3123
HB 334                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
334(RLS) "An Act relating to unlawful exploitation of a minor and to                                
distribution of child pornography." Signing do pass: Senator Gary                                   
Stevens, Chair; Senators Cowdery, Stedman. Signing no                                               
recommendation: Senator Guess.                                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
 Fiscal Note No. 2, zero, Department of Corrections                                                 
 Fiscal Note No. 3, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 339                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 339(JUD) "An Act relating to opt-out marketing plans for                                   
sales, to free trial periods for goods or services, and to acts that are                            
unlawful as unfair trade practices." Signing do pass: Senator Bunde,                                
Chair; Senators French, Seekins, Gary Stevens.                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Department of Community and Economic                                      
          Development                                                                               
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 351                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 351(JUD) "An Act relating to the devices, including carbon                                 
monoxide detection devices, required in dwellings; and providing for                                
an effective date." Signing do pass: Senator Bunde, Chair; Senator                                  
Gary Stevens. Signing no recommendation: Senator French.                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, House Labor and Commerce Committee                                        
 Fiscal Note No. 2, zero, Department of Law                                                         
 Fiscal Note No. 3, zero, Department of Public Safety                                               
                                                                                                    

2004-04-28                     Senate Journal                      Page 3124
The bill was referred to the State Affairs Committee.                                               
                                                                                                    
HB 419                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 419(RES) "An Act relating to regional seafood                                              
development associations and to regional seafood development taxes."                                
Signing amend: Senator Bunde, Chair. Signing do pass: Senator Gary                                  
Stevens. Signing no recommendation: Senators French, Seekins.                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Community and Economic                                      
          Development                                                                               
 Fiscal Note No. 2, indeterminate, Department of Revenue                                            
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 464                                                                                            
The Labor and Commerce Committee considered HOUSE BILL NO.                                          
464 "An Act extending the termination date of the Board of Certified                                
Real Estate Appraisers." Signing do pass: Senator Bunde, Chair;                                     
Senators French, Gary Stevens.                                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Community and Economic                                            
          Development                                                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 496                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
496(STA) "An Act creating the youth vote ambassador program and                                     
relating to that program; authorizing the members of the program to be                              
appointed to serve on election boards; relating to qualifications for                               
appointment to election boards; and providing for an effective date."                               
Signing do pass: Senator Gary Stevens, Chair; Senators Stedman,                                     
Guess.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Office of the Governor                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3125
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 534                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
534(FIN) "An Act repealing the scheduled termination date of the                                    
office of victims' rights." Signing do pass: Senator Gary Stevens,                                  
Chair; Senators Cowdery, Stedman, Guess.                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Legislative Agency                                                              
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SCR 25                                                                                            
The Transportation Committee considered SENATE CONCURRENT                                           
RESOLUTION NO. 25 Relating to state agency construction and                                         
maintenance contracts throughout the state. Signing do pass: Senator                                
Cowdery, Cochair. Signing no recommendation: Senator Wagoner,                                       
Cochair; Senator Therriault. Signing do not pass: Senator Lincoln.                                  
Signing amend: Senator Olson.                                                                       
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Transportation                                     
          and Public Facilities                                                                     
                                                                                                    
President Therriault added a Finance Committee referral to the                                      
resolution.                                                                                         
                                                                                                    
The resolution was referred to the State Affairs, then Judiciary                                    
Committees.                                                                                         
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 303                                                                                            
SENATE BILL NO. 303 "An Act relating to the Big Game                                                
Commercial Services Board and to the regulation of big game hunting                                 
services and transportation services; and providing for an effective                                
date" was read the second time.                                                                     

2004-04-28                     Senate Journal                      Page 3126
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 2957.                                  
Without objection, CS FOR SENATE BILL NO. 303(FIN) was                                              
adopted.                                                                                            
                                                                                                    
Senator Green offered Amendment No. 1:                                                              
                                                                                                    
Page 4, line 6:                                                                                     
          Delete "require registered guide-outfitters and transporters to                           
enter into"                                                                                         
          Insert "establish requirements for the contents of"                                       
                                                                                                    
Page 11, following line 25:                                                                         
          Insert a new bill section to read:                                                        
"* Sec. 17.  AS 08.54.680 is amended by adding a new subsection to                                
read:                                                                                               
     (c)  On or after January 1, 2005, a registered guide may not                                   
provide big game hunting services and a transporter may not provide                                 
transportation services unless the registered guide or transporter has                              
entered into a written contract with the client for the provision of those                          
services."                                                                                          
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 28, line 3:                                                                                    
          Delete "and 41 - 43"                                                                      
          Insert ", 17, and 42 - 44"                                                                
                                                                                                    
Page 28, line 5:                                                                                    
          Delete "sec. 44"                                                                          
          Insert "sec. 45"                                                                          
                                                                                                    
Senator Green moved for the adoption of Amendment No. 1. Senator                                    
Olson objected, then withdrew his objection. There being no further                                 
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
Senators Olson, Dyson declared a conflict of interest.                                              
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3127
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 303(FIN) am was read the third time.                                         
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 303(FIN) am                                       
"An Act relating to the Big Game Commercial Services Board and to                                   
the regulation of big game hunting services and transportation                                      
services; and providing for an effective date" pass the Senate?" The                                
roll was taken with the following result:                                                           
                                                                                                    
CSSB 303(FIN) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens                                   
G, Therriault, Wagoner, Wilken                                                                      
                                                                                                    
Nays:  Hoffman                                                                                      
                                                                                                    
and so, CS FOR SENATE BILL NO. 303(FIN) am passed the Senate.                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered.                                                 
                                                                                                    
Senator Hoffman gave notice of reconsideration.                                                     
                                                                                                    
SB 311                                                                                            
SENATE BILL NO. 311 "An Act providing for a special deposit for                                     
workers' compensation insurers; relating to the board of governors of                               
the Alaska Insurance Guaranty Association; relating to covered                                      
workers' compensation claims paid by the Alaska Insurance Guaranty                                  
Association; stating the intent of the legislature, and setting out                                 
limitations, concerning the interpretation, construction, and                                       
implementation of workers' compensation laws; relating to                                           
restructuring the Alaska workers' compensation system; eliminating                                  
the Alaska Workers' Compensation Board; establishing a division of                                  

2004-04-28                     Senate Journal                      Page 3128
workers' compensation within the Department of Labor and Workforce                                  
Development and assigning certain Alaska Workers' Compensation                                      
Board functions to the division and the Department of Labor and                                     
Workforce Development; establishing a Workers' Compensation                                         
Appeals Commission; assigning certain functions of the Alaska                                       
Workers' Compensation Board to the Workers' Compensation Appeals                                    
Commission; relating to agreements that discharge workers'                                          
compensation liability; providing for hearing officers in workers'                                  
compensation proceedings; relating to workers' compensation awards;                                 
relating to an employer's failure to insure and keep insured or provide                             
security; providing for appeals from compensation orders; relating to                               
workers' compensation proceedings; providing for supreme court                                      
jurisdiction of appeals from the Workers' Compensation Appeals                                      
Commission; providing for a maximum amount for the cost-of-living                                   
adjustment for workers' compensation benefits; providing for                                        
administrative penalties for employers uninsured or without adequate                                
security for workers' compensation; relating to assigned risk pools and                             
insurers; and providing for an effective date" was read the second                                  
time.                                                                                               
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Committee Substitute offered on page 2900.                                
Without objection, CS FOR SENATE BILL NO. 311(JUD) "An Act                                          
providing for a special deposit for workers' compensation insurers;                                 
relating to the board of governors of the Alaska Insurance Guaranty                                 
Association; stating the intent of the legislature, and setting out                                 
limitations, concerning the interpretation, construction, and                                       
implementation of workers' compensation laws; relating to                                           
restructuring the Alaska workers' compensation system; eliminating                                  
the Alaska Workers' Compensation Board; establishing a division of                                  
workers' compensation within the Department of Labor and Workforce                                  
Development and assigning certain Alaska Workers' Compensation                                      
Board functions to the division and the Department of Labor and                                     
Workforce Development; establishing a Workers' Compensation                                         
Appeals Commission; assigning certain functions of the Alaska                                       
Workers' Compensation Board to the Workers' Compensation Appeals                                    
Commission and the Workers' Compensation Hearings Board; relating                                   
to agreements that discharge workers' compensation liability;                                       
providing for hearing examiners and hearing panels in workers'                                      
compensation proceedings; relating to workers' compensation awards;                                 

2004-04-28                     Senate Journal                      Page 3129
relating to an employer's failure to insure and keep insured or provide                             
security; providing for appeals from compensation orders; relating to                               
workers' compensation proceedings; providing for supreme court                                      
jurisdiction of appeals from the Workers' Compensation Appeals                                      
Commission; providing for a maximum amount for the cost-of-living                                   
adjustment for workers' compensation benefits; providing for                                        
administrative penalties for employers uninsured or without adequate                                
security for workers' compensation; relating to assigned risk pools and                             
insurers; and providing for an effective date" was adopted.                                         
                                                                                                    
Senator French offered Amendment No. 1:                                                             
                                                                                                    
Page 1, lines 9 - 10:                                                                               
          Delete "Workers' Compensation Appeals Commission"                                       
          Insert "workers' compensation hearings office"                                          
                                                                                                    
Page 1, line 11:                                                                                    
          Delete "Workers' Compensation Appeals Commission"                                       
          Insert "workers' compensation hearings office"                                          
                                                                                                    
Page 2, lines 4 - 6:                                                                                
          Delete "providing for supreme court jurisdiction of                                     
appeals from the Workers' Compensation Appeals Commission;"                                       
                                                                                                    
Page 4, line 27:                                                                                    
          Delete "Workers' Compensation Appeals Commission"                                     
          Insert "workers' compensation hearings office"                                        
                                                                                                    
Page 4, lines 29 - 30:                                                                              
          Delete "Workers' Compensation Appeals Commission"                                     
          Insert "workers' compensation hearings office"                                        
                                                                                                    
Page 5, line 6:                                                                                     
          Delete "Workers' Compensation Appeals Commission"                                     
          Insert "workers' compensation hearings office"                                        
                                                                                                    
Page 6, lines 20 - 21:                                                                              
              Delete "Workers' Compensation Appeals Commission"                                    
          Insert "workers' compensation hearings office"                                            
                                                                                                    

2004-04-28                     Senate Journal                      Page 3130
Page 7, line 14:                                                                                    
          Delete "chair of the commission"                                                          
          Insert "chief hearing officer"                                                            
                                                                                                    
Page 8, line 16, through page 11, line 30:                                                          
          Delete all material and insert:                                                           
                   "Sec. 23.30.007.  Workers' compensation hearings                               
          office.  (a)  There is established in the Department of Labor                           
          and Workforce Development a workers' compensation                                         
          hearings office.  The hearing examiners and hearing panels                                
          hear original petitions when a claim is filed under this chapter                          
          and have jurisdiction to hear appeals from decisions and                                  
          orders of the director.                                                                   
                   (b)  The commissioner shall appoint a chief hearing                              
          officer and hearing examiners.                                                            
                   (c)  The chief hearing officer may                                               
                             (1)  employ and supervise hearing office                               
          staff, hearing examiners, and hearing panels and appoint a                                
          hearings office clerk;                                                                    
                             (2)  establish and implement a time                                    
          management system for the hearings office, staff, and hearing                             
          examiners;                                                                                
                             (3)  assign the work of the hearing                                    
          examiners, hearing panels, and staff so that hearings and                                 
          appeals are resolved as expeditiously and competently as                                  
          possible, including designating hearing examiners to hear                                 
          preliminary matters; and                                                                  
                             (4)  prepare an annual budget of the hearings                          
          office and hearing panels.                                                                
                   (d)  The hearings office, in its administrative                                  
          capacity, shall maintain, index, and make available for public                            
          inspection the final administrative decisions and orders of the                           
          hearing examiners and hearing panels.  To promote                                         
          consistency among legal determinations, the chief hearing                                 
          officer may review and circulate among the other hearing                                  
          examiners the drafts of formal decisions, decisions upon                                  
          reconsideration, and other legal opinions of the other hearing                            
          examiners of the hearings office.  The drafts are confidential                            
          documents and are not subject to disclosure.                                              
                                                                                                    

2004-04-28                     Senate Journal                      Page 3131
                   (e)  The hearings office, in its administrative                                  
          capacity, may adopt regulations implementing its authority                                
          and duties under this chapter, including rules of procedure and                           
          evidence for proceedings before hearing examiners and                                     
          hearing panels in workers' compensation proceedings under                                 
          AS 23.30.090 and 23.30.110 and for the adjudication of all                                
          claims and petitions under this chapter.  The provisions of                               
          AS 44.62 (Administrative Procedure Act) apply to the                                      
          adoption of regulations by the hearings office.                                           
                   (f)  The hearings office, in its administrative capacity,                        
          may adopt and alter an official seal and do all things                                    
          necessary, convenient, or desirable to carry out the powers                               
          expressly granted or necessarily implied in this chapter."                                
                                                                                                    
Page 14, line 6:                                                                                    
          Delete "with the office of the commission [BY"                                        
          Insert "by a hearing examiner or hearing panel ["                                     
                                                                                                    
Page 15, line 6:                                                                                    
          Delete "commission"                                                                   
          Insert "hearings office"                                                              
                                                                                                    
Page 30, line 23:                                                                                   
          Delete "commission"                                                                   
          Insert "hearings office"                                                              
                                                                                                    
Page 30, lines 25 - 26:                                                                             
          Delete "office of the commission"                                                     
          Insert "hearings office"                                                              
                                                                                                    
Page 31, line 1:                                                                                    
          Delete ", hearing panel, or commission"                                               
          Insert "or hearing panel"                                                             
                                                                                                    
Page 31, line 13:                                                                                   
          Delete "commission, and the commission clerk "                                    
          Insert "hearings office, and the hearings office"                                 
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3132
Page 32, line 3, following "defense.", through line 16:                                             
          Delete all material.                                                                      
          Insert "[IF A DISCOVERY DISPUTE COMES BEFORE                                              
THE BOARD FOR REVIEW OF A DETERMINATION BY THE                                                      
BOARD'S DESIGNEE, THE BOARD MAY NOT CONSIDER ANY                                                    
EVIDENCE OR ARGUMENT THAT WAS NOT PRESENTED TO                                                      
THE BOARD'S DESIGNEE, BUT SHALL DETERMINE THE                                                       
ISSUE SOLELY ON THE BASIS OF THE WRITTEN RECORD.                                                    
THE DECISION BY THE BOARD ON A DISCOVERY DISPUTE                                                    
SHALL BE MADE WITHIN 30 DAYS. THE BOARD SHALL                                                       
UPHOLD THE DESIGNEE'S DECISION EXCEPT WHEN THE                                                      
BOARD'S DESIGNEE'S DETERMINATION IS AN ABUSE OF                                                     
DISCRETION.]"                                                                                       
                                                                                                    
Page 32, line 31:                                                                                   
          Delete "office of the commission"                                                     
          Insert "hearings office"                                                              
                                                                                                    
Page 33, line 9:                                                                                    
          Delete "commission clerk"                                                             
          Insert "chief hearing officer"                                                        
                                                                                                    
Page 34, line 1:                                                                                    
          Delete "commission"                                                                   
          Insert "director"                                                                     
                                                                                                    
Page 35, line 11:                                                                                   
          Delete "commission"                                                                       
          Insert "hearings office"                                                                  
                                                                                                    
Page 35, line 16:                                                                                   
          Delete ", but is not a public employee for purposes of                                    
AS 23.40"                                                                                           
                                                                                                    
Page 36, line 3:                                                                                    
          Delete "commission"                                                                       
          Insert "hearings office"                                                                  
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3133
Page 36, line 10:                                                                                   
          Delete "commission"                                                                       
          Insert "hearings office"                                                                  
                                                                                                    
Page 37, lines 8 - 9:                                                                               
          Delete "the commission, a hearing panel, or a hearing                                 
examiner ["                                                                                     
              Insert "a hearing panel or hearing examiner [THE"                                
                                                                                                    
Page 37, lines 14 - 15:                                                                             
          Delete "the commission, a hearing panel, or a hearing                                 
examiners ["                                                                                    
              Insert "a hearing panel or hearing examiner [THE"                                
                                                                                                    
Page 37, line 17:                                                                                   
          Delete "commission clerk"                                                             
          Insert "chief hearing officer"                                                        
                                                                                                    
Page 37, line 19:                                                                                   
          Delete "commission"                                                                   
          Insert "chief hearing officer"                                                        
                                                                                                    
Page 38, line 3:                                                                                    
          Delete "office of the commission"                                                         
          Insert "hearings office"                                                                  
                                                                                                    
Page 38, line 6:                                                                                    
          Delete "office of the commission"                                                         
          Insert "hearings office"                                                                  
                                                                                                    
Page 38, line 12:                                                                                   
          Delete "commission"                                                                       
          Insert "hearings office"                                                                  
                                                                                                    
Page 38, line 14, through page 43, line 1:                                                          
          Delete all material and insert:                                                           
   "* Sec. 63. AS 23.30.125(a) is amended to read:                                                
                   (a)  A compensation order becomes effective when                                 
          filed with the director [IN THE OFFICE OF THE BOARD]                                  
          as provided in AS 23.30.110, and, unless proceedings to                                 

2004-04-28                     Senate Journal                      Page 3134
          suspend it or set it aside are instituted as provided in (c) of                           
          this section, it becomes final on the 31st day after it is filed.                         
   * Sec. 64.  AS 23.30.125(c) is amended to read:                                                
                   (c)  If not in accordance with law, a compensation                               
          order filed by a hearing examiner or hearing panel as                                 
          provided in (a) of this section may be suspended or set aside,                        
          in whole or in part, through injunction proceedings in the                                
          superior court brought by a party in interest against the                                 
          division [BOARD] and all other parties to the proceedings                             
          [BEFORE THE BOARD].  The payment of the amounts                                           
          required by an award may not be stayed pending final                                      
          decision in the proceeding unless upon application for an                                 
          interlocutory injunction the court on hearing, after not less                             
          than three days' notice to the parties in interest and the                                
          director [BOARD], allows the stay of payment, in whole or                             
          in part, where irreparable damage would otherwise ensue to                                
          the employer.  The order of the court allowing a stay must                            
          [SHALL] contain a specific finding, based upon evidence                                   
          submitted to the court and identified by reference to it, that                            
          irreparable damage would result to the employer, and                                      
          specifying the nature of the damage.                                                      
   * Sec. 65.  AS 23.30.125(d) is amended to read:                                                
                   (d)  If an employer fails to comply with a                                       
          compensation order making an award that has become final, a                               
          beneficiary of the award or the director [BOARD] may apply                            
          for the enforcement of the order to the superior court.  If the                           
          court determines that the order was made and served in                                    
          accordance with law, and that the employer or the officers or                             
          agents of the employer have failed to comply with it, the court                           
          shall enforce obedience to the order by writ of injunction or                             
          by other proper process to enjoin upon the employer and the                               
          officers and agents of the employer compliance with the                                   
          order.                                                                                    
   * Sec. 66.  AS 23.30.125(f) is amended to read:                                                
                   (f)  Subject to an employer's or employee's burden of                            
          proof, a finding of fact made by the hearing examiner or                              
          hearing panel [BOARD] as a part of a compensation order is                            
          conclusive unless the court specifically finds that a reasonable                          
          person could not have reached the conclusion made by the                                  
          hearing examiner or hearing panel [BOARD]."                                           

2004-04-28                     Senate Journal                      Page 3135
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 47, lines 13 - 20:                                                                             
          Delete all material.                                                                      
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 57, line 2:                                                                                    
          Delete ", the commission,"                                                            
                                                                                                    
Page 57, lines 20 - 21:                                                                             
          Delete all material.                                                                      
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Page 58, lines 8 - 9:                                                                               
          Delete "Appeals Commission (AS 23.30.007) and Workers'                                
Compensation"                                                                                   
                                                                                                    
Page 58, line 17:                                                                                   
          Delete "sec. 85"                                                                          
          Insert "sec. 86"                                                                          
                                                                                                    
Page 58, line 18:                                                                                   
          Delete "sec. 85"                                                                          
          Insert "sec. 86"                                                                          
                                                                                                    
Page 59, lines 24 - 25:                                                                             
          Delete: "WORKERS' COMPENSATION APPEALS                                                    
COMMISSION AND"                                                                                     
                                                                                                    
Page 59, line 26, following "BOARD.", through line 30, following the                                
first occurrence of "(b)":                                                                          
          Delete all material.                                                                      
                                                                                                    
Page 60, line 16:                                                                                   
          Delete "chair of the commission"                                                          
          Insert "chief hearing officer"                                                            
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3136
          Delete "commission"                                                                       
          Insert "hearings office"                                                                  
                                                                                                    
Page 60, line 17:                                                                                   
          Delete "commission"                                                                       
          Insert "hearings office"                                                                  
                                                                                                    
Page 60, line 18:                                                                                   
          Delete "commission"                                                                       
          Insert "hearings office"                                                                  
                                                                                                    
Page 60, lines 26 - 27:                                                                             
          Delete all material.                                                                      
                                                                                                    
Renumber the following paragraphs accordingly.                                                      
                                                                                                    
Page 61, line 17:                                                                                   
          Delete "sec. 108"                                                                         
          Insert "sec. 109"                                                                         
                                                                                                    
Page 61, line 29:                                                                                   
              Delete "Workers' Compensation Appeals Commission"                                    
          Insert "workers' compensation hearings office"                                            
                                                                                                    
Page 61, line 30:                                                                                   
          Delete "under AS 23.30.008, enacted by sec. 10 of this Act"                               
                                                                                                    
Page 62, line 2:                                                                                    
          Delete "Section 113(a)"                                                                   
          Insert "Section 114(a)"                                                                   
                                                                                                    
Page 62, line 3:                                                                                    
          Delete "sec. 114"                                                                         
          Insert "sec. 115"                                                                         
                                                                                                    
Senator French moved for the adoption of Amendment No. 1. Senator                                   
Green objected.                                                                                     
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3137
Senator Ogan moved and asked unanimous consent to abstain from                                      
voting due to a conflict of interest. Objections were heard and Senator                             
Ogan was required to vote.                                                                          
                                                                                                    
Senator Wilken called the Senate. The call was satisfied.                                           
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 311(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Wagoner                                                                                             
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wilken                                                            
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
Senator French offered Amendment No. 2:                                                             
                                                                                                    
Page 40, lines 28 - 31:                                                                             
          Delete "The commission may review de novo all discretionary                               
actions, findings of fact, and conclusions of law by the hearing                                    
examiner, hearing panel, or the director in hearing, determining, or                                
otherwise acting on any compensation claim or petition."                                            
          Insert "The commission shall review all discretionary actions                             
and findings of fact by a hearing examiner, hearing panel, or the                                   
director under the substantial evidence standard of review.  The                                    
commission shall review the conclusions of law by a hearing                                         
examiner, hearing panel, or the director using the commission's                                     
independent judgment."                                                                              
                                                                                                    
Senator French moved for the adoption of Amendment No. 2. Senator                                   
Ben Stevens objected.                                                                               
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                

2004-04-28                     Senate Journal                      Page 3138
                                                                                                    
CSSB 311(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, Amendment No. 2 failed.                                                                     
                                                                                                    
Senator French offered Amendment No. 3:                                                             
                                                                                                    
Page 35, line 16:                                                                                   
          Delete ", but is not a public employee for purposes of                                    
AS 23.40"                                                                                           
                                                                                                    
Senator French moved for the adoption of Amendment No. 3. Senator                                   
Ben Stevens objected.                                                                               
                                                                                                    
The question being: "Shall Amendment No. 3 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 311(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, Amendment No. 3 failed.                                                                     
                                                                                                    
Senator French offered Amendment No. 4:                                                             
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3139
Page 38, line 30, following "irreparable", through page 39, line 3:                                 
          Delete all material.                                                                      
          Insert "damage, and, if the party is filing an application for a                          
stay of continuing compensation or medical benefits, or both, the                                   
commission may only allow the stay if the party filing the application                              
has also shown probable success on the merits.  The order of the                                    
commission allowing the stay must contain specific findings based on                                
evidence submitted to the commission and identified by reference to it                              
to support the standard required for a stay in the matter."                                         
                                                                                                    
Page 39, line 20, following "where", through line 23:                                               
          Delete all material.                                                                      
          Insert "the party filing the application would otherwise suffer                           
irreparable damage, and, if the party is filing an application for a stay                           
of continuing compensation or medical benefits, or both, the                                        
commission may only allow the stay if the party filing the application                              
has also shown probable success on the merits.  The order of the                                    
commission allowing the stay must contain specific findings based on                                
evidence submitted to the commission and identified by reference to it                              
to support the standard required for a stay in the matter."                                         
                                                                                                    
Senator French moved for the adoption of Amendment No. 4. Senator                                   
Green objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 4 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 311(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  8   NAYS:  11   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
Nays:  Cowdery, Dyson, Green, Ogan, Seekins, Stedman, Stevens B,                                    
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Absent:  Davis                                                                                      
                                                                                                    
and so, Amendment No. 4 failed.                                                                     
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3140
Senator French offered Amendment No. 5:                                                             
                                                                                                    
Page 10, line 3:                                                                                    
 Delete "29"                                                                                        
 Insert  "25"                                                                                       
                                                                                                    
Page 10, line 4:                                                                                    
 Delete "30"                                                                                        
 Insert  "26"                                                                                       
                                                                                                    
Senator French moved for the adoption of Amendment No. 5. Senator                                   
Ben Stevens objected.                                                                               
                                                                                                    
The question being: "Shall Amendment No. 5 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 311(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 5                                                                                     
                                                                                                    
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Bunde, Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln,                                 
Ogan, Olson                                                                                         
                                                                                                    
Nays:  Cowdery, Dyson, Green, Seekins, Stedman, Stevens B, Stevens                                  
G, Therriault, Wagoner, Wilken                                                                      
                                                                                                    
and so, Amendment No. 5 failed.                                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated CS FOR SENATE BILL NO. 311(JUD)                                         
will be on the April 29 calendar.                                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3141
SB 368                                                                                            
SENATE BILL NO. 368 "An Act relating to taxes on cigarettes and                                     
tobacco products; relating to tax stamps on cigarettes; relating to                                 
forfeiture of cigarettes and of property used in the manufacture,                                   
transportation, or sale of unstamped cigarettes; relating to licenses and                           
licensees under the Cigarette Tax Act; and providing for an effective                               
date" was read the second time.                                                                     
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 3097.                                  
Without objection, CS FOR SENATE BILL NO. 368(FIN) "An Act                                          
relating to taxes on cigarettes and tobacco products, to tax stamps on                              
cigarettes, to forfeiture of cigarettes and of property used in the                                 
manufacture, transportation, or sale of unstamped cigarettes, and to                                
licenses and licensees under the Cigarette Tax Act; and providing for                               
an effective date" was adopted.                                                                     
                                                                                                    
Senator Bunde offered Amendment No. 1:                                                              
                                                                                                    
Page 6, line 14, following "(a)":                                                                   
 Delete "The"                                                                                       
 Insert "Upon a showing of probable cause that a person has                                         
committed the crime of misconduct involving unstamped cigarettes or                                 
stamps in the first degree under AS 43.50.640, the"                                                 
                                                                                                    
Page 7, lines 20-21:                                                                                
 Delete "or 43.50.650"                                                                              
                                                                                                    
Page 8, line 18:                                                                                    
 Delete "or 43.50.650"                                                                              
                                                                                                    
Page 9, following line 23:                                                                          
 Insert new bill sections to read:                                                                  
"* Sec. 22.  AS 43.50.640(a) is amended to read:                                                  
 (a)  A person commits the crime of misconduct involving                                            
unstamped cigarettes or stamps in the first degree if the person                                    
  (1)  with reckless disregard that the cigarettes are unstamped                                    
   (A)  sells or distributes 5,000  [1,000] or more unstamped                                   
cigarettes in a single transaction;                                                                 
                                                                                                    

2004-04-28                     Senate Journal                      Page 3142
   (B)  owns or possesses 5,000 [1,000] or more unstamped                                       
cigarettes with the intent to sell; or                                                              
   (C)  acquires, holds, transports, imports, or possesses                                          
10,000 or more unstamped cigarettes; or                                                             
  (2)  with reckless disregard that the stamp was previously                                        
affixed to another cigarette package[;]                                                             
   (A)  affixes a previously used stamp to a cigarette                                              
package; or                                                                                         
   (B)  possesses, sells, or distributes a previously used                                          
stamp.                                                                                              
* Sec. 23.  AS 43.50.650(a) is amended to read:                                                   
 (a)  A person commits the crime of misconduct involving                                            
unstamped cigarettes or stamps in the second degree if the person                                   
  (1)  with reckless disregard that the cigarettes are unstamped                                    
   (A)  sells or distributes at least one but fewer than 5,000                                  
[1,000] unstamped cigarettes in a single transaction;                                               
   (B)  owns or possesses at least one but fewer than  5,000                                    
[1,000] unstamped cigarettes, with intent to sell; or                                               
   (C)  acquires, holds, transports, imports, or possesses at                                       
least one but fewer than 10,000 unstamped cigarettes; or                                            
  (2)  is not licensed under this chapter or otherwise authorized                                   
by the department to possess stamps and possesses a stamp that is not                               
affixed to a cigarette package."                                                                    
                                                                                                    
Renumber following bill sections accordingly.                                                       
                                                                                                    
Senator Bunde moved for the adoption of Amendment No. 1. Without                                    
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Green objected.                                                                    
                                                                                                    
President Therriault stated CS FOR SENATE BILL NO. 368(FIN) am                                      
will be on the April 29 calendar.                                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3143
SB 385                                                                                            
SENATE BILL NO. 385 "An Act relating to homeland security, to                                       
civil defense, to emergencies and to disasters, including disasters in                              
the event of attacks, outbreaks of disease, or threats of attack or                                 
outbreak of disease; establishing the Alaska division of homeland                                   
security and emergency management in the Department of Military                                     
and Veterans' Affairs and relating to the functions of that division and                            
that department; and providing for an effective date" was read the                                  
second time.                                                                                        
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Committee Substitute offered on page 3009.                                
Senator Ellis objected, then withdrew his objection. There being no                                 
further objection, CS FOR SENATE BILL NO. 385(JUD) was                                              
adopted.                                                                                            
                                                                                                    
Senator Ogan offered Amendment No. 1:                                                               
                                                                                                    
Page 16, line 28, following "property":                                                         
     Insert "; however, at a checkpoint authorized under this                                   
paragraph, a person is entitled to retain possession of an amount                               
of deadly weapons or defensive weapons that is reasonably                                       
justifiable for the person's lawful use, so long as those weapons                               
are not prohibited weapons; in this paragraph, "deadly weapon"                                  
and "defensive weapon" have the meanings given in                                               
AS 11.81.900(b), and "prohibited weapon" has the meaning given                                  
in AS 11.61.200"                                                                                
                                                                                                    
Senator Ogan moved for the adoption of Amendment No. 1. Senator                                     
Elton objected.                                                                                     
                                                                                                    
Senator Guess called the Senate. Senator Guess lifted the call.                                     
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3144
                                                                                                    
CSSB 385(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  17   NAYS:  2   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, French, Green, Guess,                                   
Lincoln, Ogan, Olson, Seekins, Stedman, Stevens G, Therriault,                                      
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Elton, Hoffman                                                                               
                                                                                                    
Absent:  Stevens B                                                                                  
                                                                                                    
Bunde changed from "Nay" to "Yea".                                                                  
                                                                                                    
and so, Amendment No. 1 was adopted.                                                                
                                                                                                    
Senator Ogan offered Amendment No. 2:                                                               
                                                                                                    
Page 19, line 12:                                                                                   
          Delete "widespread or severe"                                                             
          Insert  "widespread severe"                                                               
                                                                                                    
Senator Ogan moved for the adoption of Amendment No. 2. Without                                     
objection, Amendment No. 2 was adopted.                                                             
                                                                                                    
Senator Ogan moved that the Senate rescind its previous action in                                   
adopting Amendment No. 2. Without objection, the Senate rescinded                                   
its previous action.                                                                                
                                                                                                    
Amendment No. 2 was before the Senate.                                                              
                                                                                                    
Senator Ogan moved to withdraw Amendment No. 2. Without                                             
objection, Amendment No. 2 was withdrawn.                                                           
                                                                                                    
Senators French, Dyson offered Amendment No. 3:                                                     
                                                                                                    
Page 16, line 26, following "vehicles":                                                         
 Insert "passing through the checkpoint"                                                        
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3145
Senator Dyson moved for the adoption of Amendment No. 3. Without                                    
objection, Amendment No. 3 was adopted.                                                             
                                                                                                    
Senator Bunde, Acting Majority Leader, moved and asked unanimous                                    
consent that the bill be considered engrossed, advanced to third                                    
reading and placed on final passage. Senator Ellis objected.                                        
                                                                                                    
President Therriault stated CS FOR SENATE BILL NO. 385(JUD) am                                      
will be on the April 29 calendar.                                                                   
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 297                                                                                            
CS FOR SENATE BILL NO. 297(RES) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 297(RES)                                          
"An Act relating to bear predation management and the donation and                                  
sale of bear hides and skulls" pass the Senate?" The roll was taken                                 
with the following result:                                                                          
                                                                                                    
CSSB 297(RES)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  13   NAYS:  6   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Hoffman, Lincoln, Ogan,                                        
Olson, Seekins, Stedman, Therriault, Wagoner, Wilken                                                
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Stevens G                                                
                                                                                                    
Absent:  Stevens B                                                                                  
                                                                                                    
and so, CS FOR SENATE BILL NO. 297(RES) passed the Senate.                                          
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
SB 340                                                                                            
SENATE BILL NO. 340 was read the third time.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3146
The question being: "Shall SENATE BILL NO. 340 "An Act relating                                     
to the detention of delinquent minors in correctional facilities; relating                          
to emergency detention of minors for evaluation for involuntary                                     
admission for mental health treatment; relating to detention of                                     
intoxicated minors and minors incapacitated by alcohol or drugs; and                                
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SB 340                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  1   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens G,                                           
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Hoffman                                                                                      
                                                                                                    
Absent:  Stevens B                                                                                  
                                                                                                    
and so, SENATE BILL NO. 340 passed the Senate.                                                      
                                                                                                    
Senator Bunde, Acting Majority Leader, moved and asked unanimous                                    
consent that the vote on the passage of the bill be considered the vote                             
on the effective date clause. Without objection, it was so ordered.                                 
                                                                                                    
Senator Lincoln gave notice of reconsideration.                                                     
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Petersburg High School Lady Vikings Basketball Team                                      
Senator(s) Stedman, Therriault, Bunde, Cowdery, Davis, Dyson,                                       
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Ben Stevens,                                 
Gary Stevens, Wagoner, Wilken                                                                       
Representative(s) Wilson                                                                            
                                                                                                    
Honoring - Master Sergeant David Hudson, as 2003 Pacific Air                                        
Command Air Force's (PACAF) Enlisted Reservist of the Year                                          
Representative(s) Kott, Hawker, Dahlstrom                                                           
Senator(s) Dyson, Bunde, Therriault, Cowdery, Davis, Elton, French,                                 
Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                        
Stevens, Gary Stevens, Wagoner, Wilken                                                              

2004-04-28                     Senate Journal                      Page 3147
Honoring - Metlakatla High School Chiefs Boys Basketball Team                                       
Representative(s) Kookesh                                                                           
Senator(s) Lincoln, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                
Elton, Green, Guess, Hoffman, Olson, Seekins, Stedman, Ben Stevens,                                 
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Honoring - Mary Pat Wyatt                                                                           
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Margaret B. Lee                                                                       
Senator(s) Dyson, Therriault, Bunde, Cowdery, Davis, Elton, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Jake Ketscher, Esquire                                                                
Representative(s) Coghill                                                                           
Senator(s) Therriault, Cowdery, Davis, Dyson, Elton, French, Green,                                 
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
Senator Bunde, Acting Majority Leader, 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                                                 
                                                                                                    
Senator Bunde, Acting Majority Leader, moved and asked unanimous                                    
consent that Senator Ben Stevens be excused from a call of the Senate                               
until morning plane time, April 29. Without objection, Senator Ben                                  
Stevens was excused.                                                                                
                                                                                                    
Senator Stedman moved and asked unanimous consent to be excused                                     
from a call of the Senate from morning plane time, April 30 to plane                                
time, May 1. Without objection, Senator Stedman was excused.                                        
                                                                                                    

2004-04-28                     Senate Journal                      Page 3148
SB 31                                                                                             
The reconsideration on CS FOR SENATE BILL NO. 31(RES) am                                            
"An Act relating to a transportation corridor for extension of the                                  
Alaska Railroad to Canada and to extension of the Alaska Railroad to                                
connect with the North American railroad system" was not taken up                                   
this legislative day and the bill was referred to the Secretary for                                 
engrossment.                                                                                        
                                                                                                    
SB 239                                                                                            
The reconsideration on CS FOR SENATE BILL NO. 239(HES) am                                           
"An Act relating to the required number of days or hours in session in                              
a school year; 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.                                                        
                                                                                                    
President Therriault stated, under Uniform Rule 23(d), committees                                   
shall now post written notice of the time, place and subject matter of a                            
meeting at least 24 hours before the meeting.                                                       
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 31                                                                                             
CS FOR SENATE BILL NO. 31(RES) am "An Act relating to a                                             
transportation corridor for extension of the Alaska Railroad to Canada                              
and to extension of the Alaska Railroad to connect with the North                                   
American railroad system" was engrossed, signed by the President and                                
Secretary and transmitted to the House for consideration.                                           
                                                                                                    
SB 239                                                                                            
CS FOR SENATE BILL NO. 239(HES) am "An Act relating to the                                          
required number of days or hours in session in a school year; and                                   
providing for an effective date" was engrossed, signed by the President                             
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    

2004-04-28                     Senate Journal                      Page 3149
                                 Adjournment                                                     
                                                                                                    
Senator Bunde, Acting Majority Leader, moved and asked unanimous                                    
consent that the Senate stand in adjournment until 10:00 a.m., April                                
29, 2004. Without objection, the Senate adjourned at 1:11 p.m.                                      
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2004                       

2004-04-28                     Senate Journal                      Page 3150
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                         COMMUNITY & REGIONAL AFFAIRS                                            
                                                                                                    
Apr 28        Wednesday                    Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                                                                                                    
Apr 30        Friday                       Fahrenkamp 203             1:30 PM                     
              No Meeting Scheduled                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 28        Wednesday                 Senate Finance 532            9:00 AM                     
+ SB 281 GENETICALLY MODIFIED FISH                                                                  
+ SB 282 PREPARED FOOD:WILD/FARMED FISH DISCLOSURE                                                  
+ SB 392 REGULATORY COMMISSION OF ALASKA                                                            
+ HB 486 MINING RECLAMATION ASSURANCES/FUND                                                         
+             Bills Previously Heard/Scheduled                                                      
+= SB 272 DEFERRED DEPOSIT ADVANCES (PAYDAY LOANS)                                                  
+= SB 313 FIRST SUPPLEMENTAL APPROPRIATION                                                          
+= SB  65 CORRECTIONAL FACILITY EXPANSION                                                           
                                                                                                    
Apr 28        Wednesday                 Senate Finance 532            1:40 PM                     
              Executive Session                                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3151
                             FINANCE (continued)                                                 
                                                                                                    
Apr 29        Thursday                  Senate Finance 532            9:00 AM                     
= SB 313 FIRST SUPPLEMENTAL APPROPRIATION                                                           
= SB 282 PREPARED FOOD:WILD/FARMED FISH DISCLOSURE                                                  
= HB 486 MINING RECLAMATION ASSURANCES/FUND                                                         
= SB  65 CORRECTIONAL FACILITY EXPANSION                                                            
+ SB 284 PF DIVIDEND APPLICATION RECORDS PRIVATE                                                    
+ SB 349 MIDWIFERY BIRTH CENTER LICENSING                                                           
= SB 393 TAKE PERM FUND DIVIDEND FOR UNIV FEES                                                      
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 30        Friday                    Senate Finance 532            9:00 AM                     
+ SB 232 RETIREMENT:TEACHERS/JUDGES/PUB EMPLOYEES                                                   
+ HB 123 ALASKA WORKFORCE INVESTMENT BOARD                                                          
+ HB 503 TOBACCO MASTER SETTLEMENT AGREEMENT                                                        
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 28        Wednesday                       Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 30        Friday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Apr 28        Wednesday                       Butrovich 205           8:00 AM                     
+             Confirmation Hearings:                                                                
              Violent Crimes Compensation Board                                                     
              David Ingraham, Gerad Godfrey                                                         
              Board of Governors of the Alaska Bar                                                  
              Joe N. Faulhaber, Michael J. Hurley                                                   
              Commission of Judicial Conduct                                                        
              Peter J. Aschenbrenner, Thomas G. Nave                                                
+ HB  15 SOLICITATIONS/CONSUMER PROTECTION                                                          
+= HB  29 REAL PROPERTY TRANSACTIONS/LICENSEES                                                      
              <Pending Referral>                                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    

2004-04-28                     Senate Journal                      Page 3152
                            JUDICIARY (continued)                                                
                                                                                                    
Apr 29        Thursday                        Butrovich 205           8:00 AM                     
+ SB 369 UNIV. STUDENT PRACTICUM LIABILITY/WAGES                                                    
+ SJR 33 CONGRESSIONAL VOTE ON JUDICIAL NOMINATION                                                  
              <Pending Referral>                                                                    
+= HB 188 BAIL SCHEDULE FOR SKIING VIOLATION                                                        
+= HB  25 HEALTH CARE SERVICES DIRECTIVES                                                           
+= HB 514 CHILD SUPPORT ENFORCEMENT/ CRIMES                                                         
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 30        Friday                          Butrovich 205           8:00 AM                     
              -- Meeting Canceled --                                                                
              -- Agenda to be Announced --                                                          
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 01        Saturday                        Butrovich 205           5:00 PM                     
+= SJR 33 CONGRESSIONAL VOTE ON JUDICIAL NOMINATION                                                 
              <Pending Referral>                                                                    
+= HB  29 REAL PROPERTY TRANSACTIONS/LICENSEES                                                      
              <Pending Referral>                                                                    
+= HB  15 SOLICITATIONS/CONSUMER PROTECTION                                                         
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Apr 29        Thursday                              Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
              Premera/Blue Cross Blue Shield Conversion                                             
              "An Overview So Far"                                                                  
              Confirmation Hearings:                                                                
              Alcoholic Beverage Control Board                                                      
              State Assessment Review Board                                                         
              Board of Marine Pilots                                                                
              Alaska Workers' Compensation Board                                                    
              State Board of Registration for                                                       
              Architects, Engineers and Land Surveyors                                              
              Board of Barbers and Hairdressers                                                     
+ HB 430 EMPLOYEES UNDER 21 AT LICENSED PREMISES                                                    
+ HB 423 TAXICAB DRIVER LIABILITY                                                                   
+ HB 418 EXTEND REAL ESTATE COMMISSION                                                              
+ HB 517 SECURITY ACCOUNT BENEFICIARY DESIGNATION                                                   

2004-04-28                     Senate Journal                      Page 3153
                                  RESOURCES                                                      
                                                                                                    
Apr 28        Wednesday                       Butrovich 205           3:30 PM                     
+ HB 417 AK NATURAL GAS DEV. AUTHORITY INITIATIVE                                                   
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 30        Friday                          Butrovich 205           3:30 PM                     
+= SB 312 CONVENTIONAL & NONCONVENTIONAL GAS LEASES                                                 
+ HB 522 SMALL CRUISE SHIP DISCHARGES                                                               
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 29        Thursday                              Beltz 211         3:30 PM                     
+ HJR 36 MITIGATING GLACIER BAY FISHING CLOSURES                                                    
+ HB 273 PARENTS' WAIVER OF CHILD'S SPORTS CLAIM                                                    
+ HB 467 COMMEMORATIVE QUARTERS COMMISSION                                                          
+ HB 476 AK STATEHOOD CELEBRATION COMMISSION                                                        
+ HB 353 JURY DUTY EXEMPTION FOR CERTAIN TEACHERS                                                   
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Apr 29        Thursday                        Butrovich 205           1:30 PM                     
     SB 395 MUNICIPAL LAND USE REGULATION                                                           
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                   CONFERENCE COMMITTEE ON HB 375 & HB 377                                       
                                                                                                    
Apr 29        Thursday                  Senate Finance 532            4:00 PM                     
     HB 375 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                    
     HB 377 APPROP:MENTAL HEALTH BUDGET                                                             
              <Pending Referral>                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2004-04-28                     Senate Journal                      Page 3154
                         JOINT COMMITTEES (continued)                                            
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
May 05        Wednesday               House Finance Room              5:00 PM                     
              Agenda To Be Announced                                                                
                   ----------------------------------------                                        
                                                                                                    
                    SELECT COMMITTEE ON LEGISLATIVE ETHICS                                       
                                                                                                    
May 07        Friday                             Capitol 120          8:00 AM                     
+             Full Committee Meeting:  Open Session                                                 
              Advisory Opinion 04-03                                                                
              <Public Comment by Invitation Only>                                                   
              Open Meetings