Legislature(2005 - 2006)

2005-05-16 House Journal

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2005-05-16                     House Journal                      Page 2031
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
                       TWENTY-FOURTH LEGISLATURE                                                 
                                                                                                    
                         FIRST SPECIAL SESSION                                                   
                                                                                                    
Juneau, Alaska                   Monday                   May 16, 2005                            
                                                                                                    
                               Sixth Day                                                       
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 2:15 p.m.                                                                                 
                                                                                                    
Roll call showed 31 members present.  Representatives Kott, LeDoux,                                 
Moses, and Ramras were absent and their presence was noted later.                                   
Representatives Anderson, Crawford, Croft, Holm, and McGuire were                                   
absent.                                                                                             
                                                                                                    
Representative Berkowitz placed a call of the House and lifted the call.                            
                                                                                                    
The invocation was offered by the Chaplain, Representative Lynn.                                    
Representative Dahlstrom moved and asked unanimous consent that                                     
the invocation be spread on the journal.  There being no objection, it                              
was so ordered.                                                                                     
                                                                                                    
    Our Father in heaven, help protect and give a measure of Thy                                    
    wisdom to all legislators throughout America, and especially here                               
    in Alaska and in this chamber.  Help us to remember that "to                                    
    whom much is given, much is required."  Help us to be good role                                 
    models to each other, and especially to children and young adults                               
    in a world that yearns for good role models, and please help us to                              
    protect the most vulnerable among us in every precious stage of                                 
    life.                                                                                           
                                                                                                    
    We know we were freely elected to serve as representatives of our                               
    constituents in forty diverse districts to serve to the best of our                             
    ability for a short term of office - but let us not forget before we                            

2005-05-16                     House Journal                      Page 2032
    filed for office, before we won election, and before we cast our                                
    first vote here in this chamber, You, almighty Father, gave us the                              
    eternal gift of life and the gift of free will.  And with that in mind,                         
    help us to avoid any conflict of interest between Your                                          
    commandments and our political actions.                                                         
                                                                                                    
    Please help us not be too critical or too judgmental of those with                              
    whom we disagree.  Help us to disagree without being                                            
    disagreeable - because only You, Father, have the whole truth of                                
    anything.  At the same time, let us not lose our anchor of faith or                             
    ignore Thy moral compass in some misguided effort to curry                                      
    political favor or to go along to get along.                                                    
                                                                                                    
    Help us to cast every vote in this House of Representatives to the                              
    good conscience Thou hast given us.  Help us vote in accordance                                 
    with what is right and good in the sight of You, almighty God.                                  
    Help us to understand it is our job here on Earth to support worthy                             
    causes and cast worthy votes whatever the issue, and whatever the                               
    political pressure, or whatever any personal political advantage.                               
    Help us remember that however we vote it is You, our Father in                                  
    heaven, who is responsible for the results, whatever they may be.                               
                                                                                                    
    Father, protect our nation and the state of Alaska.  Protect our                                
    brave women and men in the armed forces, all of us here today,                                  
    and our loved ones.  All this and much, much more we ask in the                                 
    name of the personal God we each call in faith to be our own.                                   
    Amen.                                                                                           
                                                                                                    
The Pledge of Allegiance was led by Representative Kapsner.                                         
                                                                                                    
**The presence of Representative Ramras was noted.                                                  
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
HB 94                                                                                             
A message dated May 15, 2005, was read stating the Senate has                                       
adopted the Conference Committee report on CSHB 94(FIN) am and                                      
SCS CSHB 94(STA), thus adopting:                                                                    
                                                                                                    

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    CONFERENCE CS FOR HOUSE BILL NO. 94                                                             
    "An Act relating to qualifications of voters, requirements and                                  
    procedures regarding independent candidates for President and                                   
    Vice-President of the United States, voter registration, voter                                  
    residence, precinct boundary and polling place designation and                                  
    modification, political parties, voters unaffiliated with a political                           
    party, early voting, absentee voting, ballot design, ballot counting,                           
    voting by mail, voting machines, vote tally systems, qualifications                             
    for elected office, initiative, referendum, recall, and definitions in                          
    the Alaska Election Code; and relating to incorporation elections."                             
                                                                                                    
The House has adopted CCS HB 94 (page 2027).                                                        
                                                                                                    
HB 147                                                                                            
A message dated May 15, 2005, was read stating the Senate has                                       
adopted the Conference Committee report on CSHB 147(FIN) am and                                     
SCS CSHB 147(FIN), thus adopting:                                                                   
                                                                                                    
    CONFERENCE CS FOR HOUSE BILL NO. 147                                                            
    "An Act relating to notice of suspension or revocation of an                                    
    insurer's certificate of authority and the effect of the suspension or                          
    revocation upon the authority of agents and managing general                                    
    agents of the insurer; relating to certain deposits under AS 21;                                
    relating to the yielding of assets and securities held on deposit;                              
    relating to third-party administrators under AS 21; relating to                                 
    insurance agents, managing general agents, reinsurance                                          
    intermediary managers, and insurance producers; requiring the                                   
    director of insurance to notify a licensee of a license renewal                                 
    before the renewal date; defining the term 'appointment' as used in                             
    part of AS 21; relating to the eligibility to provide coverage by a                             
    nonadmitted insurer and alien insurer; relating to surplus lines                                
    insurance and brokers; relating to misrepresentations and false                                 
    advertising concerning insurance; relating to health discount                                   
    plans; providing for limitations on owner controlled and                                        
    contractor controlled insurance programs and limiting the                                       
    coverage of those programs; prohibiting excessive, inadequate, or                               
    unfairly discriminatory rate charges for health insurance; defining                             
    the term 'plan administrator' as used in part of AS 21; defining the                            
    term 'transact' as used in AS 21; authorizing the director of                                   
    insurance to designate a person to receive annual reports from                                  

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    companies; reducing the period for filing a quarterly financial                                 
    statement; and providing for an effective date."                                                
                                                                                                    
The House has adopted CCS HB 147 (page 2026).                                                       
                                                                                                    
**The presence of Representative Moses was noted.                                                   
                                                                                                    
                          UNFINISHED BUSINESS                                                    
                                                                                                    
HB 130                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Conference Committee with limited powers of free                                 
conference report on the following, which is under Unfinished                                       
Business (page 1988):                                                                               
                                                                                                    
    CS FOR HOUSE BILL NO. 130(FIN) am                                                               
    "An Act relating to the grant of certain state land to the University                           
    of Alaska; relating to the duties of the Board of Regents;                                      
    establishing the university research forest; and providing for an                               
    effective date."                                                                                
                                                                                                    
and                                                                                                 
                                                                                                    
    SENATE CS FOR CS FOR HOUSE BILL NO. 130(FIN)                                                    
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
**The presence of Representatives LeDoux and Kott was noted.                                        
                                                                                                    
Representative Coghill moved that the House adopt the Conference                                    
Committee with limited powers of free conference report, thus                                       
adopting CCS HB 130, and recommended that the members vote yes.                                     
                                                                                                    
The question being:  "Shall the House adopt the Conference                                          
Committee with limited powers of free conference report?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CCS HB 130                                                                                          
Adopt                                                                                               
                                                                                                    
YEAS:  22   NAYS:  13   EXCUSED:  0   ABSENT:  5                                                  
                                                                                                    

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Yeas:  Chenault, Coghill, Dahlstrom, Elkins, Foster, Gara, Guttenberg,                              
Harris, Hawker, Kelly, Kohring, Kott, LeDoux, Lynn, Meyer, Olson,                                   
Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas                                                  
                                                                                                    
Nays:  Berkowitz, Cissna, Gardner, Gatto, Gruenberg, Joule, Kapsner,                                
Kerttula, Moses, Neuman, Salmon, Weyhrauch, Wilson                                                  
                                                                                                    
Absent:  Anderson, Crawford, Croft, Holm, McGuire                                                   
                                                                                                    
And so, the House adopted the Conference Committee with limited                                     
powers of free conference report, thus adopting:                                                    
                                                                                                    
    CONFERENCE CS FOR HOUSE BILL NO. 130                                                            
    "An Act relating to the grant of certain state land to the University                           
    of Alaska; relating to the duties of the Board of Regents;                                      
    establishing the university research forest; and providing for an                               
    effective date."                                                                                
                                                                                                    
Representative Coghill moved the effective date clause.                                             
                                                                                                    
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
CCS HB 130                                                                                          
Adopt                                                                                               
Effective Date                                                                                      
                                                                                                    
YEAS:  31   NAYS:  4   EXCUSED:  0   ABSENT:  5                                                   
                                                                                                    
Yeas:  Berkowitz, Chenault, Cissna, Coghill, Dahlstrom, Elkins,                                     
Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                
Joule, Kelly, Kohring, Kott, LeDoux, Lynn, Meyer, Moses, Neuman,                                    
Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas,                                          
Weyhrauch                                                                                           
                                                                                                    
Nays:  Kapsner, Kerttula, Salmon, Wilson                                                            
                                                                                                    
Absent:  Anderson, Crawford, Croft, Holm, McGuire                                                   
                                                                                                    
And so, the effective date clause was adopted.                                                      
                                                                                                    
A Legislative letter of intent (page 1015) was attached to the report                               
(page 1988).                                                                                        
                                                                                                    

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The Chief Clerk notified the Senate.                                                                
                                                                                                    
The Senate has adopted the Conference Committee with limited                                        
powers of free conference report (page 2021).                                                       
                                                                                                    
CCS HB 130 was referred to the Chief Clerk for engrossment and                                      
enrollment.                                                                                         
                                                                                                    
                               ENROLLMENT                                                        
                                                                                                    
HB 121                                                                                            
The following was enrolled, signed by the Speaker and Chief Clerk,                                  
President and Secretary of the Senate, and the engrossed and enrolled                               
copies were transmitted to the Office of the Governor at 1:00 p.m.,                                 
May 16, 2005:                                                                                       
                                                                                                    
    CS FOR HOUSE BILL NO. 121(2d RLS)                                                               
    "An Act relating to consolidating or abolishing certain road                                    
    service areas in certain second class boroughs; and providing for                               
    an effective date."                                                                             
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., May 17, 2005.  There being no                                       
objection, the House adjourned at 2:28 p.m.                                                         
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk