Legislature(2003 - 2004)

2004-05-07 Senate Journal

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2004-05-07                     Senate Journal                      Page 3409
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                  TWENTY-THIRD LEGISLATURE -- SECOND SESSION                                     
                                                                                                    
Juneau, Alaska                      Friday                       May 7, 2004                      
                                                                                                    
                         One Hundred Seventeenth Day                                             
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 11:06 a.m.                                                                            
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Senator Olson. Senator                                      
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
     Dear Lord Jesus;                                                                               
                                                                                                    
     We thank You for this beautiful day and this beautiful                                         
     season. We thank You that we can come together and think                                       
     of new life springing forth, with the green trees and the grass                                
     growing. Lord, I want to thank You for the health that we                                      
     have as well. We realize that there are many people whose                                      
     lives we are affecting, whose health is less than what it                                      
     could be.                                                                                      
                                                                                                    
     God, as we get ready to continue with the end of session                                       
     maneuvering, may we have the maturity to continue on with                                      
     what You have given us. Lord, even though we disagree,                                         
     may we not be disagreeable. Give us humility and give us                                       
     patience, especially during this election year.                                                
                                                                                                    
     We pray especially for our families and our friends                                            
     throughout this state and throughout this nation. We pray for                                  
     a safe summer.  In Your name,                                     Amen.                        
                                                                                                    
Senator French led the Senate in the Pledge of Allegiance.                                          
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3410
                                Certification                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the one hundred sixteenth legislative day be approved as                                
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
HCR 31                                                                                            
Message dated and received May 7 was read, stating the Governor                                     
transmitted the engrossed and enrolled copies of the following                                      
resolution to the Lieutenant Governor's Office for permanent filing:                                
                                                                                                    
          SENATE CS FOR CS FOR HOUSE                                                                
          CONCURRENT RESOLUTION NO. 31(HES) am S                                                    
          Proclaiming June 2004 as Traumatic Brain Injury                                           
          Awareness Month.                                                                          
                                                                                                    
                          Legislative Resolve No. 43                                               
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 239                                                                                            
Message dated May 6 was read, stating the House passed and returned:                                
                                                                                                    
          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."                                                                          
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 255                                                                                            
Message dated May 6 was read, stating the House passed and returned:                                
                                                                                                    
          CS FOR SENATE BILL NO. 255(FIN) "An Act                                                   
          relating to traffic preemption devices."                                                  
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              

2004-05-07                     Senate Journal                      Page 3411
SB 286                                                                                            
Message dated May 6 was read, stating the House passed and returned:                                
                                                                                                    
          CS FOR SENATE BILL NO. 286(FIN) "An Act                                                   
          relating to direct marketing fisheries businesses, to                                     
          the fisheries business tax, and to liability for payment                                  
          of taxes and assessments on the sale or transfer of                                       
          fishery resources; and providing for an effective                                         
          date."                                                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 322                                                                                            
Message dated May 6 was read, stating the House passed and returned:                                
                                                                                                    
          SENATE BILL NO. 322 "An Act relating to the rate                                          
          of the salmon enhancement tax."                                                           
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
Message dated May 6 was read, stating the House passed and                                          
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 255                                                                                            
CS FOR HOUSE BILL NO. 255(FIN)(title am) BY THE HOUSE                                               
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act amending the Alaska Wage and Hour Act as                                          
          it relates to the scope of administrative regulations                                     
          defining a person employed in a bona fide executive,                                      
          administrative, or professional capacity as it pertains                                   
          to minimum salaries to require that the minimum                                           
          salary for that individual be two times the minimum                                       
          wage for the first forty hours of employment each                                         
          week."                                                                                    
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee.                                                                                          

2004-05-07                     Senate Journal                      Page 3412
                               Concur Messages                                                   
                                                                                                    
SB 276                                                                                            
Message dated May 6 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 276(FIN) "An Act                                           
relating to the Alaska Insurance Guaranty Association; relating to the                              
powers of the Alaska Industrial Development and Export Authority                                    
concerning the association; and providing for an effective date" with                               
the following amendment:                                                                            
                                                                                                    
 HOUSE CS FOR CS FOR SENATE BILL NO. 276(JUD)                                                       
                                                                                                    
President Therriault stated the message will be held on the Secretary's                             
desk.                                                                                               
                                                                                                    
SB 327                                                                                            
Message dated May 6 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 327(STA) "An Act                                           
relating to pedestrians using rollerblades, roller skates, and rollerskis."                         
 with the following amendment:                                                                      
                                                                                                    
          CS FOR SENATE BILL NO. 327(STA) am H                                                      
                                                                                                    
President Therriault stated the message will be held on the Secretary's                             
desk.                                                                                               
                                                                                                    
SB 328                                                                                            
Message dated May 6 was read, stating the House passed and returned                                 
for consideration CS FOR SPONSOR SUBSTITUTE FOR SENATE                                              
BILL NO. 328(FIN) "An Act relating to the national forest income                                    
program in the Department of Community and Economic                                                 
Development and to the authority of the department to adopt                                         
regulations; making conforming amendments; and providing for an                                     
effective date" with the following amendment:                                                       
                                                                                                    
                         HOUSE CS FOR CS FOR SPONSOR                                               
                   SUBSTITUTE FOR SENATE BILL NO. 328(CRA)                                         
                                                                                                    
President Therriault stated the message will be held on the Secretary's                             
desk.                                                                                               

2004-05-07                     Senate Journal                      Page 3413
                          Standing Committee Reports                                             
                                                                                                    
Report dated May 6 was read stating:                                                                
                                                                                                    
In accordance with AS 39.05.080, the Senate State Affairs Committee                                 
reviewed the following and recommends the appointment be                                            
forwarded to a joint session for consideration:                                                     
                                                                                                    
Commissioner, Department of Administration                                                        
     Ray Matiashowski                                                                               
                                                                                                    
There were no stated objections to the confirmation of the named                                    
individual by committee members. This does not reflect an intent by                                 
any of the members to vote for or against the individual during any                                 
further sessions.                                                                                   
                                                                                                    
Signing the report: Senator Gary Stevens, Chair; Senators Cowdery,                                  
Stedman.                                                                                            
                                                                                                    
SB 246                                                                                            
The Judiciary Committee considered SENATE BILL NO. 246 "An                                          
Act relating to the commission of an offense or a juvenile delinquency                              
act involving the victim's race, sex, color, creed, physical or mental                              
disability, sexual orientation, ancestry, or national origin; relating to                           
sentencing, informal adjustment, and adjudication for those offenses                                
and acts; relating to a diversity tolerance program for certain juvenile                            
delinquency acts; relating to a civil cause of action for certain acts                              
involving discriminatory harassment; and providing for an effective                                 
date" and recommended it be replaced with                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 246(JUD) "An Act                                                   
          relating to sentencing for the commission of offenses                                     
          or a juvenile delinquency act directed against peace                                      
          officers, fire fighters, and other emergency                                              
          responders or involving the victim's actual or                                            
          perceived race, sex, color, creed, physical or mental                                     
          disability, ancestry, or national origin; relating to                                     
          probation, informal adjustment, and adjudication for                                      
          those offenses and acts; relating to a diversity                                          
          tolerance program for certain juvenile delinquency                                        
          acts; and providing for an effective date."                                               

2004-05-07                     Senate Journal                      Page 3414
Signing no recommendation: Senator Seekins, Chair; Senators                                         
Therriault, Ogan. Signing do pass: Senators French, Ellis.                                          
                                                                                                    
The following previously published fiscal information applies:                                      
        Fiscal Note No. 1, indeterminate, Department of Administration                             
 Fiscal Note No. 2, zero, Department of Public Safety                                               
 Fiscal Note No. 3, zero, Department of Law                                                         
 Fiscal Note No. 4, indeterminate, Alaska Court System                                              
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 366                                                                                            
The Finance Committee considered SENATE BILL NO. 366 "An Act                                        
relating to the levy and collection of sales and use taxes, to the levy                             
and collection of municipal sales and use taxes, and to municipal sales                             
and use taxes on alcoholic beverages; and providing for an effective                                
date" and recommended it be replaced with                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 366(FIN) "An Act                                                   
          relating to the levy and collection of sales and use                                      
          taxes, and to the levy, collection, and expenditure of                                    
            municipal taxes; and providing for an effective date."                                 
                                                                                                    
Signing do pass: Senator Wilken, Cochair; Senators Bunde, Ben                                       
Stevens. Signing do not pass: Senators Hoffman, Olson. Signing no                                   
recommendation: Senator Dyson.                                                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Revenue                                            
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 15                                                                                             
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
15(FIN) am "An Act relating to fair trade practices and consumer                                    
protection, to telephone solicitations, to charitable solicitations; and                            
providing for an effective date" and recommended it be replaced with                                
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          15(FIN)                                                                                   

2004-05-07                     Senate Journal                      Page 3415
Signing do pass: Senator Wilken, Cochair; Senators Dyson, Bunde,                                    
Ben Stevens. Signing no recommendation: Senators Hoffman, Olson.                                    
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 4, zero, Department of Community and Economic                                      
          Development                                                                               
 Fiscal Note No. 5, Department of Law                                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 196                                                                                            
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
196(RES) "An Act relating to carbon sequestration; and providing for                                
an effective date" and recommended it be replaced with                                              
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          196(RES)                                                                                  
                                                                                                    
Signing amend: Senator Ogan, Chair. Signing do pass: Senators                                       
Wagoner, Dyson, Lincoln, Elton, Seekins.                                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 3, zero, Department of Natural Resources                                           
 Fiscal Note No. 4, zero, Department of Environmental                                               
          Conservation                                                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 367                                                                                            
The Judiciary Committee considered CS FOR HOUSE BILL NO.                                            
367(FIN) am "An Act relating to the licensing and regulation of adult-                              
oriented businesses; and providing for an effective date" and                                       
recommended it be replaced with                                                                     
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          367(JUD)                                                                                  
          (forthcoming)                                                                             
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3416
Signing no recommendation: Senator Seekins, Chair; Senator                                          
Therriault. Signing do pass: Senators Ogan, French.                                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Labor and Workforce                                         
          Development                                                                               
 Fiscal Note No. 3, zero, Department of Public Safety                                               
 Fiscal Note No. 4, zero, Department of Community and Economic                                      
          Development                                                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 452                                                                                            
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
452(FIN) am "An Act relating to licensing and regulation of sport                                   
fishing operators and sport fishing guides; authorizing the Department                              
of Fish and Game and the Alaska Commercial Fisheries Entry                                          
Commission to release records and reports to the Department of                                      
Natural Resources and the Department of Public Safety; and providing                                
for an effective date" and recommended it be replaced with                                          
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          452(RES) "An Act relating to licensing and                                                
          regulation of sport fishing operators and sport fishing                                   
          guides; relating to licensing and registration of sport                                   
          fishing vessels; authorizing the Department of Fish                                       
          and Game and the Alaska Commercial Fisheries                                              
          Entry Commission to release records and reports to                                        
          the Department of Natural Resources and the                                               
          Department of Public Safety; and providing for an                                         
          effective date."                                                                          
          (Title change authorized by SCR 27)                                                       
                                                                                                    
Signing no recommendation: Senator Ogan, Chair; Senator Dyson.                                      
Signing do pass: Senators Elton, Seekins, Ben Stevens.                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 4, Department of Fish and Game                                                     
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3417
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Department of Fish and Game                                                     
 Fiscal Note No. 3, zero, Department of Public Safety                                               
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 474                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 474(JUD) am "An Act relating to civil liability associated                                 
with aircraft runways, airfields, and landing areas." Signing do pass:                              
Senator Bunde, Chair; Senators Seekins, Gary Stevens. Signing no                                    
recommendation: Senator Davis.                                                                      
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Transportation and Public                                   
          Facilities                                                                                
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 494                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
494(FIN) am "An Act relating to the methods of disbursement of                                      
money by the state, including employment compensation,                                              
unemployment payments, and permanent fund dividends, and to bank                                    
investments and deposits by the state; and providing for an effective                               
date" and recommended it be replaced with                                                           
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          494(FIN)                                                                                  
                                                                                                    
Signing do pass: Senator Wilken, Cochair; Senators Dyson, Ben                                       
Stevens. Signing no recommendation: Senators Olson, Bunde.                                          
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Health and Social Services                                  
 Fiscal Note No. 2, zero, Department of Health and Social Services                                  
 Fiscal Note No. 3, zero, Department of Health and Social Services                                  
 Fiscal Note No. 4, zero, Department of Labor and Workforce                                         
          Development                                                                               
                                                                                                    

2004-05-07                     Senate Journal                      Page 3418
 Fiscal Note No. 5, zero, Department of Labor and Workforce                                         
          Development                                                                               
 Fiscal Note No. 6, zero, Department of Revenue                                                     
 Fiscal Note No. 7, Department of Administration                                                    
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 511                                                                                            
The Health, Education and Social Services Committee considered CS                                   
FOR HOUSE BILL NO. 511(HES) am "An Act relating to the                                              
certificate of need program for health care facilities; and providing for                           
an effective date" and recommended it be replaced with                                              
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          511(HES)                                                                                  
                                                                                                    
and further recommended the adoption of the following                                               
Health, Education and Social Services Committee Letter of                                           
Intent:                                                                                             
                                                                                                    
     Letter of Intent                                                                             
                                                                                                    
  It is the intent of the Legislature that the Commissioner of the                                  
  Department of Health and Social Services convene a task force to                                  
  review existing Certificate of Need procedures and standards. The                                 
  task force shall identify measures to improve the efficiency and                                  
  effectiveness of the Certificate of Need Program. The task force                                  
  shall include members who represent a broad range of health care                                  
  facilities, providers, and representatives with a background in                                   
  health care policy development. The task force will report its                                    
  findings and recommendations directly to the Commissioner.                                        
                                                                                                    
  It is further the intent of the Legislature that the Commissioner of                              
  the Department of Health and Social Services move expeditiously                                   
  to update Certificate of Need regulations, policies, and procedures                               
  including developing standards including those for concurrent                                     
  review, the public release of documents under the certificate of                                  
  need program, and time lines regarding the certificate of need                                    
  process. In so doing, the Commissioner shall fully consider the                                   
  recommendations of the Certificate of Need task force.                                            

2004-05-07                     Senate Journal                      Page 3419
Signing amend: Senator Dyson, Chair. Signing do pass: Senator Davis.                                
Signing no recommendation: Senators Green, Guess, Wilken.                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Health and Social Services                                  
 Fiscal Note No. 2, zero, Department of Health and Social Services                                  
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 514                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
514(FIN) am "An Act relating to child support modification and                                      
enforcement, to the establishment of paternity by the child support                                 
enforcement agency, and to the crimes of criminal nonsupport and                                    
aiding the nonpayment of child support; amending Rule 90.3, Alaska                                  
Rules of Civil Procedure; and providing for an effective date" and                                  
recommended it be replaced with                                                                     
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          514(FIN)                                                                                  
                                                                                                    
Signing do pass: Senator Wilken, Cochair; Senators Dyson, Bunde,                                    
Ben Stevens. Signing no recommendation: Senator Olson.                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 10, indeterminate, Department of Revenue                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, indeterminate, Alaska Court System                                              
 Fiscal Note No. 3, indeterminate, Department of Law                                                
 Fiscal Note No. 4, zero, Department of Administration                                              
 Fiscal Note No. 5, zero, Department of Administration                                              
 Fiscal Note No. 6, zero, Department of Public Safety                                               
 Fiscal Note No. 7, indeterminate, Department of Administration                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3420
HB 536                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
536(MLV) "An Act relating to applications for permanent fund                                        
dividends by certain individuals serving in the armed forces, and to                                
payment of certain 2003 and 2004 dividends; and providing for an                                    
effective date." Signing no recommendation: Senator Gary Stevens,                                   
Chair; Senators Cowdery, Stedman.                                                                   
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, zero, Department of Revenue                                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 545                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
545(L&C) "An Act relating to time extensions under the State                                        
Procurement Code for real property leases; and providing for an                                     
effective date." Signing do pass: Senator Wilken, Cochair; Senator                                  
Dyson. Signing no recommendation: Senators Hoffman, Olson.                                          
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 551                                                                                            
The State Affairs Committee considered CS FOR HOUSE BILL NO.                                        
551(JUD) am "An Act relating to the issuance of teacher certificates to                             
and revocation of teacher certificates of persons convicted of certain                              
felony drug offenses and to the issuance of limited teacher certificates                            
to persons convicted of certain crimes involving a minor and felony                                 
drug offenses" and recommended it be replaced with                                                  
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          551(STA)                                                                                  
                                                                                                    
Signing no recommendation: Senator Gary Stevens, Chair; Senators                                    
Cowdery, Stedman.                                                                                   
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3421
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, House Rules Committee                                                     
                                                                                                    
The bill was referred to the Health, Education and Social Services                                  
Committee.                                                                                          
                                                                                                    
HB 559                                                                                            
The Finance Committee considered HOUSE BILL NO. 559 am "An                                          
Act extending the termination of the state training and employment                                  
program; and providing for an effective date." Signing do pass:                                     
Senator Wilken, Cochair; Senators Dyson, Bunde, Ben Stevens.                                        
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Labor and Workforce                                         
          Development                                                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SCR 27                                                                                            
SENATE CONCURRENT RESOLUTION NO. 27 BY THE                                                          
SENATE RESOURCES COMMITTEE,                                                                         
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 452, relating to sport                                          
          fishing operators and sport fishing guides.                                               
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 326                                                                                            
SENATE BILL NO. 326 "An Act relating to investments of Alaska                                       
permanent fund assets; and providing for an effective date" was read                                
the second time.                                                                                    

2004-05-07                     Senate Journal                      Page 3422
Senator Gary Stevens, Chair, moved and asked unanimous consent for                                  
the adoption of the State Affairs Committee Substitute offered on page                              
2429. Without objection, CS FOR SENATE BILL NO. 326(STA) was                                        
adopted.                                                                                            
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
CS FOR SENATE BILL NO. 326(STA) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 326(STA)                                          
"An Act relating to investments of Alaska permanent fund assets; and                                
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
CSSB 326(STA)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  16   NAYS:  1   EXCUSED:  0   ABSENT:  3                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Lincoln, Olson, Seekins, Stedman, Stevens B, Therriault, Wagoner,                                   
Wilken                                                                                              
                                                                                                    
Nays:  Hoffman                                                                                      
                                                                                                    
Absent:  Bunde, Ogan, Stevens G                                                                     
                                                                                                    
and so, CS FOR SENATE BILL NO. 326(STA) passed the Senate.                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
SB 366                                                                                            
Senator Ben Stevens moved and asked unanimous consent that                                          
SENATE BILL NO. 366 "An Act relating to the levy and collection of                                  
sales and use taxes, to the levy and collection of municipal sales and                              
use taxes, and to municipal sales and use taxes on alcoholic beverages;                             
and providing for an effective date" be held to the bottom of today's                               
calendar. Without objection, it was so ordered.                                                     

2004-05-07                     Senate Journal                      Page 3423
SB 376                                                                                            
SENATE BILL NO. 376 "An Act relating to public assistance and                                       
subpoena powers" was read the second time.                                                          
                                                                                                    
Senator Dyson, Chair, moved and asked unanimous consent for the                                     
adoption of the Health, Education and Social Services Committee                                     
Substitute offered on page 2938. Without objection, CS FOR                                          
SENATE BILL NO. 376(HES) "An Act relating to public assistance                                      
and subpoena powers; and relating to the permanent fund dividend and                                
subpoena powers" was adopted.                                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated CS FOR SENATE BILL NO. 376(HES)                                         
will be on the May 8 calendar.                                                                      
                                                                                                    
SB 393                                                                                            
SENATE BILL NO. 393 "An Act relating to default on tuition, fees,                                   
and other charges of the University of Alaska and to claims on                                      
permanent fund dividends for tuition, fees, and other charges of the                                
University of Alaska that are in default" was read the second time.                                 
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 3200.                                  
Senator Ellis objected, then withdrew his objection. There being no                                 
further objection, CS FOR SENATE BILL NO. 393(FIN) was                                              
adopted.                                                                                            
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
President Therriault stated CS FOR SENATE BILL NO. 393(FIN)                                         
will be on the May 8 calendar.                                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3424
                        Second Reading of House Bills                                            
                                                                                                    
HB 31                                                                                             
HOUSE BILL NO. 31 "An Act relating to initiative and referendum                                     
petitions; and providing for an effective date" was read the second                                 
time.                                                                                               
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Senator Ellis                             
objected.                                                                                           
                                                                                                    
President Therriault stated HOUSE BILL NO. 31 will be on the May 8                                  
calendar.                                                                                           
                                                                                                    
HB 272                                                                                            
CS FOR HOUSE BILL NO. 272(STA) am "An Act relating to the                                           
advertising of motor vehicles, including trailers, for sale by motor                                
vehicle dealers; relating to the financing of motor vehicle purchases;                              
relating to motor vehicle sales contracts; relating to the disclosures                              
required to be made by motor vehicle dealers when selling motor                                     
vehicles, including trailers, or when their service employees work on                               
commission; relating to a motor vehicle dealer's selling as a new or                                
current model vehicle, a motor vehicle required to be registered under                              
AS 28.10; relating to a motor vehicle dealer's advertising an offer for                             
the sale, lease, or purchase of a motor vehicle, including a trailer;                               
relating  to a motor vehicle dealer's conditioning the sale and delivery                            
of a motor vehicle, including a trailer, on the buyer's purchase of other                           
items; and relating to the return of a buyer's trade-in by a motor                                  
vehicle dealer" was read the second time.                                                           
                                                                                                    
Senator Seekins, Vice Chair, moved and asked unanimous consent for                                  
the adoption of the Labor and Commerce Senate Committee Substitute                                  
offered on page 3324. Without objection, SENATE CS FOR CS FOR                                       
HOUSE BILL NO. 272(L&C) was adopted.                                                                
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Senator Ellis objected.                                                                    
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3425
President Therriault stated SENATE CS FOR CS FOR HOUSE BILL                                         
NO. 272(L&C) will be on the May 8 calendar.                                                         
                                                                                                    
HB 339                                                                                            
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" was read the                               
second time.                                                                                        
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Senate Committee Substitute offered on page                               
3266. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 339(JUD) was adopted.                                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 339(JUD) was read                                               
the third time.                                                                                     
                                                                                                    
Senators Elton , Ellis, French, Dyson, Gary Stevens, Bunde, Cowdery,                                
Olson moved and asked unanimous consent to be shown as cross                                        
sponsors on the bill. Without objection, it was so ordered.                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 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" pass the Senate?" The roll was taken with the                            
following result:                                                                                   
                                                                                                    
SCS CSHB 339(JUD)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 339(JUD)                                                
passed the Senate and was referred to the Secretary for engrossment.                                

2004-05-07                     Senate Journal                      Page 3426
HB 351                                                                                            
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" was read the second                                 
time.                                                                                               
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Senator Ellis                             
objected.                                                                                           
                                                                                                    
President Therriault stated CS FOR HOUSE BILL NO. 351(JUD) will                                     
be on the May 8 calendar.                                                                           
                                                                                                    
HB 438                                                                                            
CS FOR HOUSE BILL NO. 438(JUD) am "An Act relating to                                               
motorists moving over or slowing down for emergency vehicles" was                                   
read the second time.                                                                               
                                                                                                    
Senator Gary Stevens, Chair, moved and asked unanimous consent for                                  
the adoption of the State Affairs Senate Committee Substitute offered                               
on page 3204. Without objection, SENATE CS FOR CS FOR HOUSE                                         
BILL NO. 438(STA) was adopted.                                                                      
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 438(STA) was read                                               
the third time.                                                                                     
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 438(STA) "An Act relating to motorists moving over or slowing                                   
down for emergency vehicles" pass the Senate?" The roll was taken                                   
with the following result:                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3427
                                                                                                    
SCS CSHB 438(STA)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 438(STA)                                                
passed the Senate.                                                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HB 467                                                                                            
CS FOR HOUSE BILL NO. 467(FIN) "An Act establishing an Alaska                                       
Commemorative Coin Commission to develop the design concepts and                                    
to make recommendations regarding the final design of the Alaska                                    
quarter under the 50 States Commemorative Coin Program Act; and                                     
providing for an effective date" was read the second time.                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Senator Ellis                             
objected.                                                                                           
                                                                                                    
President Therriault stated CS FOR HOUSE BILL NO. 467(FIN) will                                     
be on the May 8 calendar.                                                                           
                                                                                                    
HB 476                                                                                            
CS FOR HOUSE BILL NO. 476(STA) "An Act establishing the                                             
Alaska Statehood Celebration Commission; and providing for an                                       
effective date" was read the second time.                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Senator Ellis                             
objected.                                                                                           
                                                                                                    
President Therriault stated CS FOR HOUSE BILL NO. 476(STA) will                                     
be on the May 8 calendar.                                                                           
                                                                                                    

2004-05-07                     Senate Journal                      Page 3428
HB 522                                                                                            
HOUSE BILL NO. 522 am "An Act relating to discharges from small                                     
commercial passenger vessels; and providing for an effective date"                                  
was read the second time.                                                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Without                                   
objection, it was so ordered.                                                                       
                                                                                                    
HOUSE BILL NO. 522 am was read the third time.                                                      
                                                                                                    
The question being: "Shall HOUSE BILL NO. 522 am "An Act                                            
relating to discharges from small commercial passenger vessels; and                                 
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
HB 522 am                                                                                           
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, HOUSE BILL NO. 522 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 and the bill was                                 
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 540                                                                                            
CS FOR HOUSE BILL NO. 540(L&C) "An Act relating to workers'                                         
compensation insurance rates; and providing for an effective date" was                              
read the second time.                                                                               
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be advanced to third reading and placed on final passage. Without                                   
objection, it was so ordered.                                                                       

2004-05-07                     Senate Journal                      Page 3429
CS FOR HOUSE BILL NO. 540(L&C) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 540(L&C)                                           
"An Act relating to workers' compensation insurance rates; and                                      
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
CSHB 540(L&C)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens                                   
G, Therriault, Wagoner, Wilken                                                                      
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, CS FOR HOUSE BILL NO. 540(L&C) passed the Senate.                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 302                                                                                            
CS FOR SENATE BILL NO. 302(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 302(FIN)                                          
"An Act relating to the authority to take oaths, affirmations, and                                  
acknowledgments in the state, to notarizations, to verifications, to                                
acknowledgments, to fees for issuing certificates with the seal of the                              
state affixed, and to notaries public; and providing for an effective                               
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3430
                                                                                                    
CSSB 302(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens                                   
G, Therriault, Wagoner, Wilken                                                                      
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, CS FOR SENATE BILL NO. 302(FIN) passed the Senate.                                          
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered.                                                 
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
SB 371                                                                                            
Senator Ben Stevens moved and asked unanimous consent that CS                                       
FOR SENATE BILL NO. 371(TRA) "An Act relating to the powers                                         
and duties of the Department of Transportation and Public Facilities;                               
relating to a long-range program for highway construction and                                       
maintenance; and providing for an effective date" be returned to the                                
Rules Committee. Without objection, the bill was returned to the Rules                              
Committee.                                                                                          
                                                                                                    
SB 395                                                                                            
CS FOR SENATE BILL NO. 395(FIN) am was read the third time.                                         
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 395(FIN) am                                       
"An Act authorizing the Alaska Railroad Corporation to extend its rail                              
line to Fort Greely, Alaska, and relating to that extension; authorizing                            
the corporation to issue bonds to finance the cost of the extension and                             
necessary facilities and equipment; relating to the Railroad Planning,                              
Platting, and Land Use Regulation Task Force; and providing for an                                  
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    

2004-05-07                     Senate Journal                      Page 3431
                                                                                                    
CSSB 395(FIN) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  14   NAYS:  5   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Green, Guess, Ogan, Seekins,                                   
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Ellis, Elton, French, Lincoln, Olson                                                         
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, CS FOR SENATE BILL NO. 395(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 clause. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 260                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 260(JUD) was read                                               
the third time.                                                                                     
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 260(JUD) "An Act relating to immunity for free health care                                      
services provided by certain health care providers; and providing for                               
an effective date" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
SCS CSHB 260(JUD)                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens                                   
G, Therriault, Wagoner, Wilken                                                                      
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3432
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 260(JUD)                                                
passed the Senate.                                                                                  
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HB 336                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 336(JUD) was read                                               
the third time.                                                                                     
                                                                                                    
Senator Green moved and asked unanimous consent to abstain from                                     
voting due to a conflict of interest. Objections were heard and Senator                             
Green was required to vote.                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 336(JUD) "An Act relating to motor vehicle insurance; limiting                                  
recovery of civil damages by an uninsured driver; and providing for an                              
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SCS CSHB 336(JUD)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  7   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Lincoln, Olson                                           
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 336(JUD)                                                
passed the Senate.                                                                                  
                                                                                                    
Senator Ben Stevens moved for the adoption of the effective date                                    
clause.                                                                                             
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3433
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
SCS CSHB 336(JUD)                                                                                   
Effective Date Clause                                                                               
                                                                                                    
YEAS:  12   NAYS:  7   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Lincoln, Olson                                           
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, the effective date clause failed to be adopted.                                             
                                                                                                    
Senator Ellis gave notice of reconsideration on SENATE CS FOR CS                                    
FOR HOUSE BILL NO. 336(JUD)(efd fld S) "An Act relating to                                          
motor vehicle insurance; and limiting recovery of civil damages by an                               
uninsured driver."                                                                                  
                                                                                                    
HB 484                                                                                            
CS FOR HOUSE BILL NO. 484(JUD) am was read the third time.                                          
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 484(JUD) am                                        
"An Act imposing a correctional facility surcharge on persons                                       
convicted of a crime under state law and on persons whose probation                                 
is revoked; relating to fees and expenses for interstate transfer of                                
probation or parole; and providing for an effective date" pass the                                  
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSHB 484(JUD) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B, Stevens                                   
G, Therriault, Wagoner, Wilken                                                                      
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, CS FOR HOUSE BILL NO. 484(JUD) am passed the Senate.                                        

2004-05-07                     Senate Journal                      Page 3434
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Lincoln gave notice of reconsideration.                                                     
                                                                                                    
HB 539                                                                                            
CS FOR HOUSE BILL NO. 539(L&C) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 539(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" pass                                 
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
CSHB 539(L&C)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  14   NAYS:  5   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Green, Ogan, Olson, Seekins,                                   
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Ellis, Elton, French, Guess, Lincoln                                                         
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, CS FOR HOUSE BILL NO. 539(L&C) passed the Senate.                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HB 556                                                                                            
CS FOR HOUSE BILL NO. 556(FIN) was read the third time.                                             
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3435
The question being: "Shall CS FOR HOUSE BILL NO. 556(FIN) "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" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
CSHB 556(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  2   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Elton, Green, Guess, Lincoln,                                  
Ogan, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault,                                    
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Ellis, French                                                                                
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, CS FOR HOUSE BILL NO. 556(FIN) passed the Senate.                                           
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                     Second Reading of House Resolutions                                         
                                                                                                    
HJR 5                                                                                             
HOUSE JOINT RESOLUTION NO. 5 Proposing an amendment to                                              
the Constitution of the State of Alaska relating to initiative and                                  
referendum petitions, was read the second time.                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
resolution be advanced to third reading and placed on final passage.                                
Senator Ellis objected.                                                                             
                                                                                                    
President Therriault stated HOUSE JOINT RESOLUTION NO. 5 will                                       
be on the May 8 calendar.                                                                           
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3436
HJR 48                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 48(RLS) Sending a                                                 
message of goodwill to President Chen Shui-bian and to the people of                                
Taiwan, and reaffirming the Alaska State Legislature's 2003 resolution                              
urging the United States Congress to support the granting of official                               
Observer Status to the Republic of China on Taiwan and to support                                   
negotiation of a free trade agreement with the Republic of China on                                 
Taiwan, was read the second time.                                                                   
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
resolution be advanced to third reading and placed on final passage.                                
Senator Ellis objected.                                                                             
                                                                                                    
President Therriault stated CS FOR HOUSE JOINT RESOLUTION                                           
NO. 48(RLS) will be on the May 8 calendar.                                                          
                                                                                                    
                      Third Reading of House Resolutions                                         
                                                                                                    
HJR 26                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 26(FIN) Proposing                                                 
amendments to the Constitution of the State of Alaska relating to and                               
limiting appropriations from the Alaska permanent fund based on an                                  
averaged percent of the fund market value, was read the third time.                                 
                                                                                                    
Senator French moved that the resolution be returned to second                                      
reading for the purpose of a specific amendment, that being                                         
Amendment No. 1. Without objection, the resolution was returned to                                  
second reading.                                                                                     
                                                                                                    
Senator French offered Amendment No. 1:                                                             
                                                                                                    
Page 2, line 3, following "year.":                                                                  
     Insert "Appropriations from the fund for a fiscal year may be                                  
made only as follows:                                                                               
          (1)  two-thirds of the total amount appropriated for a fiscal                             
          year shall be used for a program of annual permanent fund                                 
           dividend payments to State residents established by law;                                
          (2)  one-third of the total amount appropriated for a fiscal year                         
          shall be appropriated to the general fund."                                               
                                                                                                    

2004-05-07                     Senate Journal                      Page 3437
Senator French moved for the adoption of Amendment No. 1. Senator                                   
Ben Stevens objected.                                                                               
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSHJR 26(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
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. 1 failed.                                                                     
                                                                                                    
CS FOR HOUSE JOINT RESOLUTION NO. 26(FIN) was                                                       
automatically in third reading.                                                                     
                                                                                                    
In accordance with Mason's Manual Rule 583, President Therriault                                    
relinquished the chair to Senator Ben Stevens, President pro tempore,                               
in order to participate in debate.                                                                  
                                                                                                    
Senator Therriault moved that the resolution be returned to second                                  
reading for the purpose of a specific amendment, that being                                         
Amendment No. 2. Without objection, the resolution was returned to                                  
second reading.                                                                                     
                                                                                                    
Senator Therriault offered Amendment No. 2:                                                         
                                                                                                    
Page 1, line 1, through page 2, line 12:                                                            
 Delete all material and insert:                                                                    
 "Proposing amendments to the Constitution of the State of                                        
Alaska relating to the Alaska permanent fund, establishing the                                    
earnings account, and permitting distribution from the account                                    
only for costs of administering the permanent fund, permanent                                     
fund dividends, public education, and deposits to the principal of                                
the permanent fund; and providing for an effective date for the                                   
amendments.                                                                                       

2004-05-07                     Senate Journal                      Page 3438
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE                                                    
OF ALASKA:                                                                                        
   * Section 1.  Article IX, sec. 15, Constitution of the State of Alaska,                        
is amended to read:                                                                                 
          Section 15.  Alaska Permanent Fund.  (a)  At least twenty-                          
          five per cent of all mineral lease rentals, royalties, royalty sale                       
          proceeds, federal mineral revenue sharing payments and                                    
          bonuses received by the State shall be placed in a permanent                              
          fund, the principal of which shall be used only for those                                 
          income-producing investments specifically designated by law                               
          as eligible for permanent fund investments.  The earnings                             
          account is established as a separate account in the fund.                             
          All income from the permanent fund, determined in                                     
          accordance with generally accepted accounting principles                              
          as provided by law, shall be accounted for [DEPOSITED]                            
          in the earnings account.  Appropriations may only be                                  
          made from the earnings account as provided in (b) and (c)                             
          of this section [GENERAL FUND UNLESS OTHERWISE                                        
          PROVIDED BY LAW].                                                                         
   * Sec. 2.  Article IX, sec. 15, Constitution of the State of Alaska, is                        
amended by adding new subsections to read:                                                          
                   (b)  Appropriations under this subsection from the                               
          earnings account for a fiscal year may not exceed five percent                            
          of the average of the market values of the fund on June 30 for                            
          the first five of the six fiscal years immediately preceding that                         
          fiscal year.  Appropriations from the earnings account may be                             
          made only for the following purposes:                                                     
                        (1)  costs of administering the permanent fund;                             
                        (2)  a program of dividend payments for State                               
          residents established by law; and                                                         
                        (3)  public education.                                                      
                   (c)  Appropriations from the earnings account to the                             
          principal of the permanent fund may be made at any time.                                  
   * Sec. 3.  Article XV, Constitution of the State of Alaska, is                                 
amended by adding a new section to read:                                                            
            Section 30.  Transition; Effective Date.  (a)  On January 1,                          
          2005, the unencumbered, unappropriated balance of the                                     
          earnings reserve account established under AS 37.13.145(a)                                
          becomes part of the Alaska permanent fund, and the fund                                   
          shall be reconstituted as follows:                                                        

2004-05-07                     Senate Journal                      Page 3439
                       (1)  the fund principal consists of that portion of                          
          the total fund value attributable to all deposits made under                              
          Section 15 of Article IX before January 1, 2005, all                                      
          appropriations made to the fund principal before January 1,                               
          2005, and all other transfers made to the fund principal before                           
          January 1, 2005;                                                                          
                       (2)  the earnings account consists of that portion                           
          of the total fund value not attributed to principal under (1) of                          
          this subsection.                                                                          
                 (b)  Section 15(b) of Article IX first applies to                                  
          appropriations for fiscal year 2006.  Appropriations from the                             
          permanent fund for fiscal year 2005 are subject to Section 15                             
          of Article IX as that section read on June 30, 2004.                                      
                 (c)  The 2004 amendments relating to the Alaska                                    
          permanent fund (art. IX, sec. 15) and this section take effect                            
          January 1, 2005."                                                                         
                                                                                                    
Senator Therriault moved for the adoption of Amendment No. 2.                                       
                                                                                                    
Senator Guess objected.                                                                             
                                                                                                    
Senator Cowdery called the Senate. The call was satisfied.                                          
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSHJR 26(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  6   NAYS:  14   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Seekins, Stevens G, Therriault                                        
                                                                                                    
Nays:  Bunde, Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln,                                 
Ogan, Olson, Stedman, Stevens B, Wagoner, Wilken                                                    
                                                                                                    
and so, Amendment No. 2 failed.                                                                     
                                                                                                    
CS FOR HOUSE JOINT RESOLUTION NO. 26(FIN) was                                                       
automatically in third reading.                                                                     
                                                                                                    

2004-05-07                     Senate Journal                      Page 3440
Senator Therriault moved that the resolution be returned to second                                  
reading for the purpose of a specific amendment, that being                                         
Amendment No. 3. Without objection, the resolution was returned to                                  
second reading.                                                                                     
                                                                                                    
Senator Therriault offered Amendment No. 3:                                                         
                                                                                                    
Page 1, line 1, through page 2, line 12:                                                            
     Delete all material and insert:                                                                
     "Proposing amendments to the Constitution of the State of                                    
Alaska relating to the Alaska permanent fund, establishing the                                    
earnings account, and permitting deposits to the principal of the                                 
permanent fund; and providing for an effective date for the                                       
amendments.                                                                                       
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE                                                    
OF ALASKA:                                                                                        
   * Section 1.  Article IX, sec. 15, Constitution of the State of Alaska,                        
is amended to read:                                                                                 
              Section 15.  Alaska Permanent Fund.  (a)  At least                              
          twenty-five per cent of all mineral lease rentals, royalties,                             
          royalty sale proceeds, federal mineral revenue sharing                                    
          payments and bonuses received by the State shall be placed in                             
          a permanent fund, the principal of which shall be used only                               
          for those income-producing investments specifically                                       
          designated by law as eligible for permanent fund investments.                             
          The earnings account is established as a separate account                             
          in the fund.  All income from the permanent fund,                                 
          determined in accordance with generally accepted                                      
          accounting principles as provided by law, shall be                                    
          accounted for [DEPOSITED] in the earnings account.                                
          Appropriations may only be made from the earnings                                     
          account as provided in (b) and (c) of this section                                    
          [GENERAL FUND UNLESS OTHERWISE PROVIDED BY                                                
          LAW].                                                                                     
   * Sec. 2.  Article IX, sec. 15, Constitution of the State of Alaska, is                        
amended by adding new subsections to read:                                                          
                   (b)  Appropriations under this subsection from the                               
          earnings account for a fiscal year may not exceed five percent                            
          of the average of the market values of the fund on June 30 for                            
          the first five of the six fiscal years immediately preceding that                         
          fiscal year.                                                                              

2004-05-07                     Senate Journal                      Page 3441
                   (c)  Appropriations from the earnings account to the                             
          principal of the permanent fund may be made at any time.                                  
   * Sec. 3.  Article XV, Constitution of the State of Alaska, is                                 
amended by adding a new section to read:                                                            
              Section 30.  Transition; Effective Date.  (a)  On                                   
          January 1, 2005, the unencumbered, unappropriated balance                                 
          of the earnings reserve account established under                                         
          AS 37.13.145(a) becomes part of the Alaska permanent fund,                                
          and the fund shall be reconstituted as follows:                                           
                        (1)  the fund principal consists of that portion of                         
          the total fund value attributable to all deposits made under                              
          Section 15 of Article IX before January 1, 2005, all                                      
          appropriations made to the fund principal before January 1,                               
          2005, and all other transfers made to the fund principal before                           
          January 1, 2005;                                                                          
                        (2)  the earnings account consists of that portion                          
          of the total fund value not attributed to principal under (1) of                          
          this subsection.                                                                          
                 (b)  Section 15(b) of Article IX first applies to                                  
          appropriations for fiscal year 2006.  Appropriations from the                             
          permanent fund for fiscal year 2005 are subject to Section 15                             
          of Article IX as that section read on June 30, 2004.                                      
                 (c)  The 2004 amendments relating to the Alaska                                    
          permanent fund (art. IX, sec. 15) and this section take effect                            
          January 1, 2005."                                                                         
                                                                                                    
Senator Therriault moved for the adoption of Amendment No. 3.                                       
Senator Ellis objected.                                                                             
                                                                                                    
The question being: "Shall Amendment No. 3 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSHJR 26(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Guess, Hoffman, Seekins,                                       
Stedman, Stevens G, Therriault, Wagoner, Wilken                                                     
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Lincoln, Ogan, Olson, Stevens B                                 
                                                                                                    

2004-05-07                     Senate Journal                      Page 3442
and so, Amendment No. 3 was adopted.                                                                
                                                                                                    
CS FOR HOUSE JOINT RESOLUTION NO. 26(FIN) am S                                                      
Proposing amendments to the Constitution of the State of Alaska                                     
relating to the Alaska permanent fund, establishing the earnings                                    
account, and permitting deposits to the principal of the permanent                                  
fund; and providing for an effective date for the amendments, was                                   
automatically in third reading.                                                                     
                                                                                                    
President Therriault and Senator Ben Stevens resumed their original                                 
places.                                                                                             
                                                                                                    
Senator Guess called the Senate. The call was satisfied.                                            
                                                                                                    
The question being: "Shall CS FOR HOUSE JOINT RESOLUTION                                            
NO. 26(FIN) am S Proposing amendments to the Constitution of the                                    
State of Alaska relating to the Alaska permanent fund, establishing the                             
earnings account, and permitting deposits to the principal of the                                   
permanent fund; and providing for an effective date for the                                         
amendments, pass the Senate?" The roll was taken with the following                                 
result:                                                                                             
                                                                                                    
CSHJR 26(FIN) am S                                                                                  
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  5   NAYS:  15   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Seekins, Stedman, Stevens G, Therriault                                               
                                                                                                    
Nays:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Lincoln, Ogan, Olson, Stevens B, Wagoner, Wilken                                           
                                                                                                    
and so, CS FOR HOUSE JOINT RESOLUTION NO. 26(FIN) am S                                              
failed to pass the Senate.                                                                          
                                                                                                    
Senator Ben Stevens gave notice of reconsideration on CS FOR                                        
HOUSE JOINT RESOLUTION NO. 26(FIN) am S(fld S).                                                     
                                                                                                    
                     Second Reading of Senate Resolutions                                        
                                                                                                    
SR 4                                                                                              
SENATE RESOLUTION NO. 4 was read the second time and was                                            
before the Senate on final passage.                                                                 

2004-05-07                     Senate Journal                      Page 3443
The question being: "Shall SENATE RESOLUTION NO. 4                                                  
Requesting the United States Congress to amend the federal                                          
Wilderness Act to authorize fishery enhancement programs and                                        
similar activities in wilderness areas, pass the Senate?" The roll was                              
taken with the following result:                                                                    
                                                                                                    
SR 4                                                                                                
Final Passage                                                                                       
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Lincoln, Ogan, Olson, Seekins, Stedman, Stevens B,                                  
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
and so, SENATE RESOLUTION NO. 4 passed the Senate and was                                           
referred to the Secretary for engrossment and enrollment.                                           
                                                                                                    
                     Reconsideration of House Resolutions                                        
                                                                                                    
HJR 9                                                                                             
Senator Wilken requested that the reconsideration on SENATE CS                                      
FOR CS FOR HOUSE JOINT RESOLUTION NO. 9(FIN)(fld S) be                                              
taken up. The resolution was before the Senate on reconsideration.                                  
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR CS FOR                                        
HOUSE JOINT RESOLUTION NO. 9(FIN) Proposing amendments                                              
to the Constitution of the State of Alaska relating to an appropriation                             
limit, pass the Senate?" The roll was taken with the following result:                              
                                                                                                    
SCS CSHJR 9(FIN)                                                                                    
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, lacking the necessary 14 votes, SENATE CS FOR CS FOR                                        
HOUSE JOINT RESOLUTION NO. 9(FIN) failed to pass the Senate                                         
on reconsideration.                                                                                 

2004-05-07                     Senate Journal                      Page 3444
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                                     
9(FIN)(fld S) Proposing amendments to the Constitution of the State                                 
of Alaska relating to an appropriation limit, was referred to the                                   
Secretary for filing.                                                                               
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 97                                                                                             
Senator Seekins requested that the reconsideration on CS FOR                                        
SENATE BILL NO. 97(JUD) am(ct rule fld)(efd fld) "An Act relating                                   
to public interest litigants and to attorney fees and costs and the                                 
posting of bonds or other security" be taken up. The bill was before the                            
Senate on reconsideration.                                                                          
                                                                                                    
Senator Seekins moved and asked unanimous consent that the bill be                                  
returned to second reading for the purpose of a specific amendment,                                 
that being Amendment No. 2. Without objection, the bill was returned                                
to second reading.                                                                                  
                                                                                                    
Senator Seekins offered Amendment No. 2:                                                            
                                                                                                    
Page 4, line 16:                                                                                    
 Delete  "otherwise have an"                                                                        
 Insert "have a sufficient"                                                                         
                                                                                                    
Page 4, line 19:                                                                                    
     Delete "otherwise has an"                                                                      
 Insert  "has a sufficient"                                                                         
                                                                                                    
Senator Seekins moved for the adoption of Amendment No. 2.                                          
Without objection, Amendment No. 2 was adopted.                                                     
                                                                                                    
CS FOR SENATE BILL NO. 97(JUD) am was automatically in third                                        
reading on reconsideration.                                                                         
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3445
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
97(JUD) am "An Act relating to public interest litigants and to                                     
attorney fees and costs and the posting of bonds or other security;                                 
amending Rules 65, 79, 80, and 82, Alaska Rules of Civil Procedure,                                 
and Rules 205, 508, and 602, Alaska Rules of Appellate Procedure;                                   
and providing for an effective date" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
CSSB 97(JUD) am                                                                                     
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  10   NAYS:  9   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Seekins, Stedman, Stevens B,                                   
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Stevens G                                                                                           
                                                                                                    
Absent:  Ogan                                                                                       
                                                                                                    
and so, CS FOR SENATE BILL NO. 97(JUD) am failed to pass the                                        
Senate on reconsideration.                                                                          
                                                                                                    
                  Second Reading of Senate Bills (continued)                                     
                                                                                                    
SB 366                                                                                            
SENATE BILL NO. 366 "An Act relating to the levy and collection of                                  
sales and use taxes, to the levy and collection of municipal sales and                              
use taxes, and to municipal sales and use taxes on alcoholic beverages;                             
and providing for an effective date" which had been held to the bottom                              
of today's calendar (page 3422) was read the second time.                                           
                                                                                                    
Senator Wilken, Cochair, moved and asked unanimous consent for the                                  
adoption of the Finance Committee Substitute offered on page 3414.                                  
Without objection, CS FOR SENATE BILL NO. 366(FIN) "An Act                                          
relating to the levy and collection of sales and use taxes, and to the                              
levy, collection, and expenditure of municipal taxes; and providing for                             
an effective date" was adopted.                                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the bill                                 
be considered engrossed, advanced to third reading and placed on final                              
passage. Without objection, it was so ordered.                                                      

2004-05-07                     Senate Journal                      Page 3446
CS FOR SENATE BILL NO. 366(FIN) was read the third time.                                            
                                                                                                    
Senator French declared a conflict of interest.                                                     
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 366(FIN)                                          
"An Act relating to the levy and collection of sales and use taxes, and                             
to the levy, collection, and expenditure of municipal taxes; and                                    
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
CSSB 366(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  7   NAYS:  12   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Green, Seekins, Stevens B, Therriault,                                       
Wilken                                                                                              
                                                                                                    
Nays:  Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Lincoln,                                 
Olson, Stedman, Stevens G, Wagoner                                                                  
                                                                                                    
Absent:  Ogan                                                                                       
                                                                                                    
and so, CS FOR SENATE BILL NO. 366(FIN) failed to pass the                                          
Senate.                                                                                             
                                                                                                    
Senator Ben Stevens gave notice of reconsideration.                                                 
                                                                                                    
SB 97                                                                                             
Senator Seekins moved that the Senate rescind its previous action in                                
failing on reconsideration CS FOR SENATE BILL NO. 97(JUD) am                                        
"An Act relating to public interest litigants and to attorney fees and                              
costs and the posting of bonds or other security; amending Rules 65,                                
79, 80, and 82, Alaska Rules of Civil Procedure, and Rules 205, 508,                                
and 602, Alaska Rules of Appellate Procedure; and providing for an                                  
effective date." Senator Ellis objected.                                                            
                                                                                                    
Senator Seekins called the Senate. The call was satisfied.                                          
                                                                                                    
The question being: "Shall the Senate rescind its previous action?" The                             
roll was taken with the following result:                                                           
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3447
                                                                                                    
CSSB 97(JUD) am                                                                                     
Rescind Previous Action in                                                                          
Failing CSSB 97(JUD) am?                                                                            
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Stevens G                                                                                           
                                                                                                    
and so, the Senate rescinded its previous action.                                                   
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 97                                                                                             
CS FOR SENATE BILL NO. 97(JUD) am was before the Senate in                                          
third reading on reconsideration.                                                                   
                                                                                                    
The question to be reconsidered: "Shall CS FOR SENATE BILL NO.                                      
97(JUD) am "An Act relating to public interest litigants and to                                     
attorney fees and costs and the posting of bonds or other security;                                 
amending Rules 65, 79, 80, and 82, Alaska Rules of Civil Procedure,                                 
and Rules 205, 508, and 602, Alaska Rules of Appellate Procedure;                                   
and providing for an effective date" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    
CSSB 97(JUD) am                                                                                     
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson,                                 
Stevens G                                                                                           
                                                                                                    
and so, CS FOR SENATE BILL NO. 97(JUD) am passed the Senate                                         
on reconsideration.                                                                                 
                                                                                                    

2004-05-07                     Senate Journal                      Page 3448
Senator Ben Stevens moved for the adoption of the effective date                                    
clause.                                                                                             
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
CSSB 97(JUD) am                                                                                     
Effective Date Clause                                                                               
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, the effective date clause failed to be adopted.                                             
                                                                                                    
Senator Ben Stevens moved for the adoption of the Court Rule                                        
changes.                                                                                            
                                                                                                    
The question being: "Shall the Court Rule changes be adopted?" The                                  
roll was taken with the following result:                                                           
                                                                                                    
CSSB 97(JUD) am(efd fld)                                                                            
Court Rules                                                                                         
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Ogan, Seekins, Stedman,                                        
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Lincoln, Olson                                  
                                                                                                    
and so, the Court Rule changes failed to be adopted and CS FOR                                      
SENATE BILL NO. 97(JUD) am(ct rule fld)(efd fld) "An Act relating                                   
to public interest litigants and to attorney fees and costs and the                                 
posting of bonds or other security" was referred to the Secretary for                               
engrossment.                                                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3449
                                  Citations                                                      
                                                                                                    
Honoring - Cecilia Kunz                                                                             
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
Representative(s) Weyhrauch, Kerttula                                                               
                                                                                                    
Honoring - Benjamin D. Coronell Upon His Retirement                                                 
Senator(s) Elton, Therriault, Bunde, Cowdery, Davis, Dyson, Green,                                  
Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
Representative(s) Weyhrauch, Kerttula                                                               
                                                                                                    
Honoring - Charles H. Benson, Jr. and Celeste Haimbach Benson                                       
Representative(s) Gara                                                                              
Senator(s) Ellis, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
French, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman,                                    
Ben Stevens, Gary Stevens, Wagoner, Wilken                                                          
                                                                                                    
Honoring - Joan Hamilton                                                                            
Representative(s) Kapsner                                                                           
Senator(s) Hoffman, Therriault, Bunde, Cowdery, Davis, Dyson, Ellis,                                
Elton, Green, Guess, Lincoln, Olson, Seekins, Stedman, Ben Stevens,                                 
Gary Stevens, Wagoner, Wilken                                                                       
                                                                                                    
In Memoriam - Sonya Dora Ivanoff                                                                    
Senator(s) Olson, Therriault, Bunde, Cowdery, Davis, Dyson, Elton,                                  
Green, Guess, Hoffman, Lincoln, Seekins, Stedman, Ben Stevens,                                      
Gary Stevens, Wagoner, Wilken                                                                       
Representative(s) Foster                                                                            
                                                                                                    
In Memoriam - Mike Tunahom                                                                          
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3450
In Memoriam - Betty Lorenson                                                                        
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
Representative(s) Ogg                                                                               
                                                                                                    
In Memoriam - Susan Tanape                                                                          
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
Representative(s) Seaton                                                                            
                                                                                                    
In Memoriam - W.W. "Bud" Kasulka                                                                    
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
Representative(s) Seaton                                                                            
                                                                                                    
In Memoriam - Joseph Maxwell "Max" Hamilton                                                         
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
Representative(s) Seaton                                                                            
                                                                                                    
In Memoriam - Charles Henry "Hank" Rosenthal                                                        
Representative(s) Berkowitz                                                                         
Senator(s) French, Dyson, Therriault, Bunde, Cowdery, Davis, Ellis,                                 
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Gary Stevens, Wagoner, Wilken                                                              
                                                                                                    
In Memoriam - Eva Renate Asbury                                                                     
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Peter Ivor Elvsaas, Sr.                                                               
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            

2004-05-07                     Senate Journal                      Page 3451
In Memoriam - Robert Lawrance Pelkey, Sr.                                                           
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Emil V. Nelson                                                                        
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
In Memoriam - Edward Edson Schofield                                                                
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Therriault, Bunde, Cowdery, Davis, Dyson,                                  
Elton, Green, Guess, Hoffman, Lincoln, Olson, Seekins, Stedman, Ben                                 
Stevens, Wagoner, Wilken                                                                            
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Seekins moved and asked unanimous consent to be excused                                     
from a call of the Senate from 6:00 p.m., May 8 to evening plane time,                              
May 9. Without objection, Senator Seekins was excused.                                              
                                                                                                    
SCR 26                                                                                            
Senator Dyson, Chair, moved and asked unanimous consent that the                                    
Health, Education and Social Services Committee referral be waived                                  
on SENATE CONCURRENT RESOLUTION NO. 26 Urging the                                                   
Department of Health and Social Services to immediately adopt                                       
regulations to aggressively contain the costs of personal care services                             
in the medical assistance program. Without objection, the resolution                                
was referred to the Rules Committee.                                                                
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3452
SB 254                                                                                            
The reconsideration on CS FOR SENATE BILL NO. 254(FIN)(efd                                          
fld) "An Act relating to tourism marketing contracts" was not taken up                              
this legislative day and the bill was referred to the Secretary for                                 
engrossment.                                                                                        
                                                                                                    
SB 392                                                                                            
The reconsideration on SENATE BILL NO. 392 "An Act relating to                                      
the expenses of investigation, hearing, or public advocacy before the                               
Regulatory Commission of Alaska, to calculation of the regulatory                                   
cost charge for public utilities and pipeline carriers to include the                               
Department of Law's costs of its public advocacy function, to                                       
inspection of certain books and records by the attorney general when                                
participating as a party in a matter before the Regulatory Commission                               
of Alaska; 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.                                                        
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 97                                                                                             
CS FOR SENATE BILL NO. 97(JUD) am(ct rule fld)(efd fld) "An                                         
Act relating to public interest litigants and to attorney fees and costs                            
and the posting of bonds or other security" was engrossed, signed by                                
the President and Secretary and transmitted to the House for                                        
consideration.                                                                                      
                                                                                                    
SB 254                                                                                            
CS FOR SENATE BILL NO. 254(FIN)(efd fld) "An Act relating to                                        
tourism marketing contracts" was engrossed, signed by the President                                 
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3453
SB 326                                                                                            
CS FOR SENATE BILL NO. 326(STA) "An Act relating to                                                 
investments of Alaska permanent fund assets; and providing for an                                   
effective date" was engrossed, signed by the President and Secretary                                
and transmitted to the House for consideration.                                                     
                                                                                                    
SB 392                                                                                            
SENATE BILL NO. 392 "An Act relating to the expenses of                                             
investigation, hearing, or public advocacy before the Regulatory                                    
Commission of Alaska, to calculation of the regulatory cost charge for                              
public utilities and pipeline carriers to include the Department of                                 
Law's costs of its public advocacy function, to inspection of certain                               
books and records by the attorney general when participating as a                                   
party in a matter before the Regulatory Commission of Alaska; and                                   
providing for an effective date" was engrossed, signed by the President                             
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
HB 339                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 339(JUD) "An Act                                                
relating to opt-out marketing plans for sales, to free trial periods for                            
goods or services, and to acts that are unlawful as unfair trade                                    
practices" was engrossed, signed by the President and Secretary and                                 
returned to the House for consideration.                                                            
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 11:00 a.m., May 8, 2004. Without                                  
objection, the Senate adjourned at 10:33 p.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    July 2004                       

2004-05-07                     Senate Journal                      Page 3454
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                         COMMUNITY & REGIONAL AFFAIRS                                            
                                                                                                    
May 07        Friday                       Fahrenkamp 203             2:00 PM                     
              -- Time Change --                                                                     
              Bills Previously Heard/Scheduled                                                      
+ HB 561 G.O. BONDS FOR TRANSPORTATION PROJECTS                                                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 07        Friday                    Senate Finance 532            8:00 AM                     
              -- Afternoon Meeting Has Been Canceled --                                             
+ SB 308 DOMESTIC VIOLENCE PROTECTIVE ORDERS                                                        
+ HB  56 UNFAIR TRADE PRACTICES ATTY FEES/COSTS                                                     
+ HB 341 DIVE FISHERY MANAGEMENT ASSESSMENT                                                         
+ HB 342 DRIVING UNDER INFLUENCE/ALCOHOL OFFENSES                                                   
+ HB 425 SCHOOL FUNDS RELATED TO BOARDING SCHOOLS                                                   
+ HCR 32 AK INFO INFRASTRUCTURE POLICY TASK FORCE                                                   
+= SB 366 STATE  SALES TAX                                                                          
              <Invited Testimony Only for SB 366>                                                   
+= HB  15 SOLICITATIONS/CONSUMER PROTECTION                                                         
+= HB 422 BUDGET RESERVE FUND INVESTMENT                                                            
+= HB 494 ELECTRONIC PAYMENT FOR STATE BUSINESS                                                     
+= HB 514 CHILD SUPPORT ENFORCEMENT/ CRIMES                                                         
+= HB 545 STATE REAL PROPERTY LEASE EXTENSIONS                                                      
+= HB 559 STEP PROGRAM CONTINUANCE                                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    

2004-05-07                     Senate Journal                      Page 3455
                             FINANCE (continued)                                                 
                                                                                                    
May 08        Saturday                  Senate Finance 532            9:00 AM                     
              -- Time Change --                                                                     
+= SB 308 DOMESTIC VIOLENCE PROTECTIVE ORDERS                                                       
+= HB  56 UNFAIR TRADE PRACTICES ATTY FEES/COSTS                                                    
+= HB 341 DIVE FISHERY MANAGEMENT ASSESSMENT                                                        
+= HB 342 DRIVING UNDER INFLUENCE/ALCOHOL OFFENSES                                                  
+= HB 425 SCHOOL FUNDS RELATED TO BOARDING SCHOOLS                                                  
+ HB 452 GUIDED SPORT FISHING/ ADFG & CFEC RECORDS                                                  
+= HCR 32 AK INFO INFRASTRUCTURE POLICY TASK FORCE                                                  
+= HB 511 CERTIFICATE OF NEED PROGRAM                                                               
+ HB  91 RETIRED PEACE OFFICER'S MEDICAL BENEFITS                                                   
              <Invited testimony Only on HB 511>                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 08        Saturday                  Senate Finance 532          10:00 AM                      
+ HB 534 MAKE OFFICE OF VICTIMS RIGHTS PERMANENT                                                    
              <Bill Hearing Postponed to 5/9/04>                                                    
+ HB 275 ANIMALS AND CRUELTY TO ANIMALS                                                             
              <Bill Hearing Postponed to 5/9/04>                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 09        Sunday                    Senate Finance 532                                        
+ SB 396 INTERIOR RIVERS PORT AUTHORITY                                                             
+= HB 275 ANIMALS AND CRUELTY TO ANIMALS                                                            
+ HB 295 REGULATIONS: NOTICE AND DISTRIBUTION                                                       
+= HB 534 MAKE OFFICE OF VICTIMS RIGHTS PERMANENT                                                   
+ HB 536 PFUND APPLICATION DEADLINES: MILITARY                                                      
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 07        Friday                          Butrovich 205           4:00 PM                     
+ HB 338 ATTENDANCE AT PUBLIC SCHOOL                                                                
+ HB 381 CHILD ENDANGERMENT DRIVING OFFENSES                                                        
+ HB 405 SCHOOL PERFORMANCE DESIGNATION/REPORT                                                      
+ HB 353 JURY DUTY EXEMPTION FOR CERTAIN TEACHERS                                                   
+ HB 443 TEACHERS AND NURSES HOUSING LOAN PROGRAM                                                   
+             Confirmation Hearings                                                                 
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    

2004-05-07                     Senate Journal                      Page 3456
               HEALTH, EDUCATION & SOCIAL SERVICES (continued)                                   
                                                                                                    
May 10        Monday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 12        Wednesday                       Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 14        Friday                          Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
May 07        Friday                          Butrovich 205           8:00 AM                     
+ HB 552 GAMBLING & GAMING                                                                          
+ SB 397 LEGISLATIVE PROCEDURE & ETHICS GUIDELINES                                                  
+ HB 367 LICENSING ADULT-ORIENTED BUSINESSES                                                        
+ SB 246 HATE CRIMES/DISCRIMINATION/TOLERANCE PROG                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 08        Saturday                        Butrovich 205           9:00 AM                     
+ HB 563 LEGISLATIVE PROCEDURE & ETHICS GUIDELINES                                                  
              <Pending Referral>                                                                    
+= SB 397 LEGISLATIVE PROCEDURE & ETHICS GUIDELINES                                                 
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
May 08        Saturday                     Fahrenkamp 203           10:00 AM                      
+ HB 255 WAGES:TRAINING/FLEX-TIME/DEFINITIONS                                                       
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
May 07        Friday                          Butrovich 205           3:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    

2004-05-07                     Senate Journal                      Page 3457
                               JOINT COMMITTEES                                                  
                                                                                                    
                   CONFERENCE COMMITTEE FOR HOUSE BILL 414                                       
                                                                                                    
May 07        Friday                             Capitol 120          5:00 PM                     
              -- Time Change --                                                                     
              Pending Call of the Chair                                                             
= HB 414 U.S.SENATE VACANCY/DEF OF POLITICAL PARTY                                                  
                                                                                                    
May 08        Saturday                           Capitol 120          8:30 AM                     
= HB 414 U.S.SENATE VACANCY/DEF OF POLITICAL PARTY                                                  
                                                                                                    
                   ----------------------------------------                                        
                                                                                                    
                   CONFERENCE COMMITTEE ON HB 375 & HB 377                                       
                                                                                                    
May 07        Friday                    Senate Finance 532            7:00 AM                     
= HB 375 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                       
= HB 377 APPROP:MENTAL HEALTH BUDGET                                                                
              Departments to be Considered:                                                         
              Administration                                                                        
              Environmental Conservation                                                            
              Fish & Game                                                                           
              Law                                                                                   
              Military & Veterans Affairs                                                           
              Natural Resources                                                                     
              Revenue                                                                               
              Transportation & Public Facilities                                                    
              Court System                                                                          
                   ----------------------------------------                                        
                                                                                                    
                        CONFERENCE COMMITTEE ON SB 283                                           
                                                                                                    
May 07        Friday                    Senate Finance 532            5:00 PM                     
              -- Meeting Canceled --                                                                
= SB 283 APPROP:  EDUC/CBR/COURTS/GRANTS/PCE                                                        
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-05-07                     Senate Journal                      Page 3458
                         JOINT COMMITTEES (continued)                                            
                                                                                                    
                    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                                                                         
                                                                                                    
May 07        Friday                                Beltz 211       10:00 AM                      
              Senate Subcommittee Continued                                                         
              Public Comment<by Invitation Only>                                                    
              Executive Session followed by Pubic                                                   
              Session                                                                               
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
May 10        Monday                       House Chamber              3:00 PM                     
              Governor's Appointees                                                                 
                   ----------------------------------------                                        
                                                                                                    
                               MAJORITY CAUCUS                                                   
                                                                                                    
May 07        Friday                          Butrovich 205           3:30 PM