Legislature(2005 - 2006)

2005-04-13 Senate Journal

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2005-04-13                     Senate Journal                      Page 0933
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                   Wednesday                    April 13, 2005                      
                                                                                                    
                              Ninety-fourth Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 11:18 a.m.                                                                               
                                                                                                    
The roll showed nineteen members present. Senator Therriault was                                    
absent.                                                                                             
                                                                                                    
The prayer was sung by the Chaplain, Sherry Patterson of the Church                                 
for All Nations. Senator Hoffman moved and asked unanimous                                          
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
                              The Lord's Prayer                                                    
                                                                                                    
                         Our Father who art in heaven                                              
                             Hallowed be Thy name                                                  
                      Thy kingdom come, Thy will be done                                           
                         On earth as it is in heaven                                               
                               Give us this day                                                    
                               Our daily bread                                                     
                           And forgive us our debts                                                
                          As we forgive our debtors                                                
                       And lead us not into temptation                                             
                           But deliver us from evil                                                
                           For Thine is the kingdom                                                
                                And the power                                                      
                                And the glory                                                      
                                   Forever                                                         
                                    Amen.                                                          
                                                                                                    
Senator Wagoner led the Senate in the Pledge of Allegiance.                                         

2005-04-13                     Senate Journal                      Page 0934
The presence of Senator Therriault was noted.                                                       
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the ninety-third legislative day be approved as certified by                            
the Secretary. Without objection, it was so ordered.                                                
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated April 12 was read, stating the House passed and                                       
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 119                                                                                            
CS FOR HOUSE BILL NO. 119(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                
                                                                                                    
             "An Act extending the termination date of the Alaska                                  
             regional economic assistance program; and providing                                   
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 120                                                                                            
HOUSE BILL NO. 120 BY REPRESENTATIVES WILSON,                                                       
Crawford, Dahlstrom, entitled:                                                                      
                                                                                                    
          "An Act relating to safety devices and sharp                                              
          instruments for the prevention of the spread of                                           
          bloodborne pathogens in health care employees; and                                        
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services and Labor and Commerce Committees.                                                         
                                                                                                    
                                                                                                    

2005-04-13                     Senate Journal                      Page 0935
HB 132                                                                                            
CS FOR HOUSE BILL NO. 132(JUD) BY THE HOUSE                                                         
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
          "An Act relating to certain crimes committed against                                      
          the elderly; and providing for an effective date."                                        
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 136                                                                                            
HOUSE BILL NO. 136 BY REPRESENTATIVES ROKEBERG,                                                     
Gara, Foster, Wilson, Gardner, Dahlstrom, Anderson, entitled:                                       
                                                                                                    
          "An Act restricting the authority of a court to suspend                                   
          execution of a sentence or grant probation in                                             
          prosecutions for driving while under the influence                                        
          and prosecutions for refusal to submit to a chemical                                      
          test; and allowing a court to suspend up to 75 percent                                    
          of the minimum fines required for driving while                                           
          under the influence and for refusal to submit to a                                        
          chemical test if the defendant successfully completes                                     
          a court-ordered treatment program."                                                       
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 214                                                                                            
CS FOR HOUSE BILL NO. 214(HES) BY THE HOUSE HEALTH,                                                 
EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled:                                                  
                                                                                                    
          "An Act relating to anatomical gifts and the                                              
          anatomical gift donor registry program."                                                  
                                                                                                    
was read the first time and referred to the State Affairs and Health,                               
Education and Social Services Committees.                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-13                     Senate Journal                      Page 0936
                          Standing Committee Reports                                             
                                                                                                    
SB 10                                                                                             
Forthcoming Health, Education and Social Services Committee                                         
Substitute (page 899) for SENATE BILL NO. 10 "An Act relating to                                    
liability for destruction of property by unemancipated minors; and                                  
providing for an effective date" was received today:                                                
                                                                                                    
          CS FOR SENATE BILL NO. 10(HES) "An Act                                                    
          relating to civil liability for damage to or destruction                                  
          of property by minors; relating to court revocation of                                    
          a minor's privilege to drive; relating to restitution for                                 
          certain acts of minors; and amending Rule 60, Alaska                                      
          Rules of Civil Procedure."                                                                
                                                                                                    
SB 152                                                                                            
The State Affairs Committee considered SENATE BILL NO. 152 "An                                      
Act making a special appropriation for a survey to review pay                                       
differentials; and providing for an effective date" and recommended it                              
be replaced with                                                                                    
                                                                                                    
          CS FOR SENATE BILL NO. 152(STA)                                                           
                                                                                                    
Signing no recommendation: Senator Therriault, Chair; Senators                                      
Elton, Huggins, Davis. Signing do pass: Senator Wagoner.                                            
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 160                                                                                            
The Labor and Commerce Committee considered SENATE BILL NO.                                         
160 "An Act relating to a procurement and electronic commerce tools                                 
program for state departments and instrumentalities of the state; and                               
providing for an effective date" and recommended it be replaced with                                
                                                                                                    
          CS FOR SENATE BILL NO. 160(L&C)                                                           
                                                                                                    
Signing do pass: Senator Bunde, Chair; Senators Seekins, Ben                                        
Stevens. Signing do not pass: Senators Davis, Ellis.                                                
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, indeterminate, Department of Administration                                     

2005-04-13                     Senate Journal                      Page 0937
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SJR 14                                                                                            
The Finance Committee considered SENATE JOINT RESOLUTION                                            
NO. 14 Urging the United States Congress to amend the tax code to                                   
permanently repeal the federal estate and generation-skipping transfer                              
tax. Signing do pass: Senators Wilken, Green, Cochairs; Senators                                    
Bunde, Dyson, Stedman. Signing no recommendation: Senators                                          
Hoffman, Olson.                                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Revenue                                                     
                                                                                                    
The resolution was referred to the Rules Committee.                                                 
                                                                                                    
SCR 8                                                                                             
The State Affairs Committee considered SENATE CONCURRENT                                            
RESOLUTION NO. 8 Encouraging the Regulatory Commission of                                           
Alaska expeditiously to complete its investigation of the Cook Inlet                                
Gas Gathering System. Signing do pass: Senator Therriault, Chair;                                   
Senators Wagoner, Huggins. Signing no recommendation: Senators                                      
Elton, Davis.                                                                                       
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Commerce, Community                                         
       and Economic Development                                                                     
     Fiscal Note No. 2, zero, Legislative Agency                                                    
                                                                                                    
The resolution was referred to the Resources Committee.                                             
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 172                                                                                            
SENATE BILL NO. 172 BY SENATOR THERRIAULT, entitled:                                                
                                                                                                    
           "An Act relating to the presentation of initiatives and                                 
          referenda on the ballot."                                                                 
                                                                                                    
was read the first time and referred to the State Affairs Committee.                                

2005-04-13                     Senate Journal                      Page 0938
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 198                                                                                            
CS FOR HOUSE BILL NO. 198(RES)(title am) "An Act relating to                                        
aquatic plant and shellfish farming; and providing for an effective                                 
date" was read the second time.                                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
bill be advanced to third reading and placed on final passage. Without                              
objection, it was so ordered.                                                                       
                                                                                                    
CS FOR HOUSE BILL NO. 198(RES)(title am) was read the third                                         
time.                                                                                               
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO.                                                    
198(RES)(title am) "An Act relating to aquatic plant and shellfish                                  
farming; and providing for an effective date" pass the Senate?" The                                 
roll was taken with the following result:                                                           
                                                                                                    
CSHB 198(RES)(title am)                                                                             
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                          
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, CS FOR HOUSE BILL NO. 198(RES)(title am) passed the                                         
Senate.                                                                                             
                                                                                                    
Senator Gary 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.                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-13                     Senate Journal                      Page 0939
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 130                                                                                            
CS FOR SENATE BILL NO. 130(FIN) am "An Act relating to a                                            
special deposit for workers' compensation and employers' liability                                  
insurers; relating to assigned risk pools; relating to workers'                                     
compensation insurers; stating the intent of the legislature, and setting                           
out limitations, concerning the interpretation, construction, and                                   
implementation of workers' compensation laws; relating to the Alaska                                
Workers' Compensation Board; assigning certain Alaska Workers'                                      
Compensation Board functions to the division of workers'                                            
compensation in the Department of Labor and Workforce                                               
Development and to that department, and authorizing the board to                                    
delegate administrative and enforcement duties to the division;                                     
providing for workers' compensation hearing officers in workers'                                    
compensation proceedings; establishing a Workers' Compensation                                      
Appeals Commission; relating to workers' compensation medical                                       
benefits and to charges for and payment of fees for the medical                                     
benefits; relating to agreements that discharge workers' compensation                               
liability; relating to workers' compensation awards; relating to                                    
reemployment benefits and job dislocation benefits; relating to                                     
coordination of workers' compensation and certain disability benefits;                              
relating to division of workers' compensation records; relating to                                  
release of treatment records; relating to an employer's failure to insure                           
and keep insured or provide security; providing for appeals from                                    
compensation orders; relating to workers' compensation proceedings;                                 
providing for supreme court jurisdiction of appeals from the Workers'                               
Compensation Appeals Commission; providing for a maximum                                            
amount for the cost-of-living adjustment for workers' compensation                                  
benefits; relating to attorney fees with respect to workers'                                        
compensation; providing for the department to enter into contracts                                  
with nonprofit organizations to provide information services and legal                              
representation to injured employees; providing for administrative                                   
penalties for employers uninsured or without adequate security for                                  
workers' compensation; relating to fraudulent acts or false or                                      
misleading statements in workers' compensation and penalties for the                                
acts or statements; providing for members of a limited liability                                    
company to be included as an employee for purposes of workers'                                      
compensation; establishing a workers' compensation benefits guaranty                                
fund; making conforming amendments; providing for a study and                                       

2005-04-13                     Senate Journal                      Page 0940
report by the medical services review committee; establishing the Task                              
Force on Workers' Compensation; and providing for an effective date"                                
was read the third time.                                                                            
                                                                                                    
Senator Stedman declared a conflict of interest.                                                    
                                                                                                    
Senator Seekins moved that the bill be returned to second reading for                               
the purpose of a specific amendment, that being Amendment No. 4.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Seekins offered Amendment No. 4:                                                            
                                                                                                    
Page 28, following line 24:                                                                         
     Insert a new bill section to read:                                                             
     "* Sec. 46.  AS 23.30.097, enacted in sec. 26 of this Act, is                                
repealed June 30, 2007."                                                                            
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 31, line 5:                                                                                    
     Delete "Section 49"                                                                            
     Insert "Section 50"                                                                            
                                                                                                    
Page 31, line 6:                                                                                    
     Delete "and 50"                                                                                
     Insert "and 51"                                                                                
                                                                                                    
Page 31, line 7:                                                                                    
     Delete "secs. 51 and 52"                                                                       
     Insert "secs. 52 and 53"                                                                       
                                                                                                    
Senator Seekins moved for the adoption of Amendment No. 4. Senator                                  
French objected, then withdrew his objection. There being no further                                
objection, Amendment No. 4 was adopted.                                                             
                                                                                                    
CS FOR SENATE BILL NO. 130(FIN) am was automatically in third                                       
reading.                                                                                            
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-13                     Senate Journal                      Page 0941
The question being: "Shall CS FOR SENATE BILL NO. 130(FIN) am                                       
"An Act relating to a special deposit for workers' compensation and                                 
employers' liability insurers; relating to assigned risk pools; relating to                         
workers' compensation insurers; stating the intent of the legislature,                              
and setting out limitations, concerning the interpretation, construction,                           
and implementation of workers' compensation laws; relating to the                                   
Alaska Workers' Compensation Board; assigning certain Alaska                                        
Workers' Compensation Board functions to the division of workers'                                   
compensation in the Department of Labor and Workforce                                               
Development and to that department, and authorizing the board to                                    
delegate administrative and enforcement duties to the division;                                     
providing for workers' compensation hearing officers in workers'                                    
compensation proceedings; establishing a Workers' Compensation                                      
Appeals Commission; relating to workers' compensation medical                                       
benefits and to charges for and payment of fees for the medical                                     
benefits; relating to agreements that discharge workers' compensation                               
liability; relating to workers' compensation awards; relating to                                    
reemployment benefits and job dislocation benefits; relating to                                     
coordination of workers' compensation and certain disability benefits;                              
relating to division of workers' compensation records; relating to                                  
release of treatment records; relating to an employer's failure to insure                           
and keep insured or provide security; providing for appeals from                                    
compensation orders; relating to workers' compensation proceedings;                                 
providing for supreme court jurisdiction of appeals from the Workers'                               
Compensation Appeals Commission; providing for a maximum                                            
amount for the cost-of-living adjustment for workers' compensation                                  
benefits; relating to attorney fees with respect to workers'                                        
compensation; providing for the department to enter into contracts                                  
with nonprofit organizations to provide information services and legal                              
representation to injured employees; providing for administrative                                   
penalties for employers uninsured or without adequate security for                                  
workers' compensation; relating to fraudulent acts or false or                                      
misleading statements in workers' compensation and penalties for the                                
acts or statements; providing for members of a limited liability                                    
company to be included as an employee for purposes of workers'                                      
compensation; establishing a workers' compensation benefits guaranty                                
fund; making conforming amendments; providing for a study and                                       
report by the medical services review committee; establishing the Task                              
Force on Workers' Compensation; and providing for an effective date"                                
pass the Senate?" The roll was taken with the following result:                                     

2005-04-13                     Senate Journal                      Page 0942
                                                                                                    
CSSB 130(FIN) am                                                                                    
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wilken                                                            
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson,                                 
Wagoner                                                                                             
                                                                                                    
and so, CS FOR SENATE BILL NO. 130(FIN) am passed the Senate.                                       
                                                                                                    
Senator Gary Stevens moved for the adoption of the effective date                                   
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSSB 130(FIN) am                                                                                    
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green,                                   
Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                          
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, the effective date clauses were adopted.                                                    
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
SB 155                                                                                            
CS FOR SENATE BILL NO. 155(FIN) "An Act making                                                      
appropriations from the earnings reserve account for construction of                                
an integrated science complex at the University of Alaska in                                        
Anchorage, for replacement of the virology laboratory in Fairbanks,                                 
for expansion of the Anchorage Museum of History and Art, for the                                   
major maintenance grant fund, and for other capital projects related to                             
education; and providing for an effective date" was read the third time.                            
                                                                                                    
                                                                                                    

2005-04-13                     Senate Journal                      Page 0943
In accordance with Uniform Rule 4 and Mason's Manual Section                                        
582(2), President Stevens relinquished the Chair to President pro                                   
tempore Green for the purpose of debate.                                                            
                                                                                                    
Senator Ellis moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 1.                                        
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Ellis offered Amendment No. 1:                                                              
                                                                                                    
Page 1, line 1:                                                                                     
     Delete "from the earnings reserve account"                                                   
     Insert "under art. IX, sec. 17(c), Constitution of the State of                              
     Alaska, from the constitutional budget reserve fund"                                         
                                                                                                    
Page 1, line 12:                                                                                    
     Delete "from the earnings reserve account (AS 37.13.145)"                                      
     Insert "from the budget reserve fund (art. IX, sec. 17, Constitution                           
     of the State of Alaska)"                                                                       
                                                                                                    
Page 2, line 4:                                                                                     
     Delete "from the earnings reserve account (AS 37.13.145)"                                      
     Insert "from the budget reserve fund (art. IX, sec. 17, Constitution                           
     of the State of Alaska)"                                                                       
                                                                                                    
Page 3, line 11:                                                                                    
     Delete "from the earnings reserve account (AS 37.13.145)"                                      
     Insert "from the budget reserve fund (art. IX, sec. 17, Constitution                           
     of the State of Alaska)"                                                                       
                                                                                                    
Page 3, line 14:                                                                                    
     Delete "from the earnings reserve account (AS 37.13.145)"                                      
     Insert "from the budget reserve fund (art. IX, sec. 17, Constitution                           
     of the State of Alaska)"                                                                       
                                                                                                    
Page 3, lines 16 - 17:                                                                              
     Delete "from the earnings reserve account (AS 37.13.145)"                                      
     Insert "from the budget reserve fund (art. IX, sec. 17, Constitution                           
     of the State of Alaska)"                                                                       
                                                                                                    

2005-04-13                     Senate Journal                      Page 0944
Page 3, lines 18 - 19:                                                                              
     Delete "from the earnings reserve account (AS 37.13.145)"                                      
     Insert "from the budget reserve fund (art. IX, sec. 17, Constitution                           
     of the State of Alaska)"                                                                       
                                                                                                    
Page 3, lines 20 - 21:                                                                              
     Delete "from the earnings reserve account (AS 37.13.145)"                                      
     Insert "from the budget reserve fund (art. IX, sec. 17, Constitution                           
     of the State of Alaska)"                                                                       
                                                                                                    
Page 3, lines 22 - 23:                                                                              
     Delete "from the earnings reserve account (AS 37.13.145)"                                      
     Insert "from the budget reserve fund (art. IX, sec. 17, Constitution                           
     of the State of Alaska)"                                                                       
                                                                                                    
Page 3, lines 25 - 26:                                                                              
     Delete "from the earnings reserve account (AS 37.13.145)"                                      
     Insert "from the budget reserve fund (art. IX, sec. 17, Constitution                           
     of the State of Alaska)"                                                                       
                                                                                                    
Page 3, lines 28 - 29:                                                                              
     Delete "from the earnings reserve account (AS 37.13.145)"                                      
     Insert "from the budget reserve fund (art. IX, sec. 17, Constitution                           
     of the State of Alaska)"                                                                       
                                                                                                    
Page 4, line 1:                                                                                     
     Delete "from the earnings reserve account (AS 37.13.145)"                                      
     Insert "from the budget reserve fund (art. IX, sec. 17, Constitution                           
     of the State of Alaska)"                                                                       
                                                                                                    
Page 4, following line 3:                                                                           
     Insert a new bill section to read:                                                             
       "* Sec. 7.  The appropriations made in secs. 2 - 6 of this Act are                         
     made under art. IX, sec. 17(c), Constitution of the State of                                   
     Alaska."                                                                                       
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Senator Ellis moved for the adoption of Amendment No. 1. Senator                                    
Ben Stevens objected.                                                                               

2005-04-13                     Senate Journal                      Page 0945
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 155(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 155(FIN) was automatically in third                                          
reading.                                                                                            
                                                                                                    
Senator Ellis moved that the bill be returned to second reading for the                             
purpose of a specific amendment, that being Amendment No. 2.                                        
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Ellis offered Amendment No. 2:                                                              
                                                                                                    
Page 1, line 5, following "education;":                                                           
     Insert "authorizing an advisory vote on making these                                         
appropriations from the earnings reserve account;"                                                
                                                                                                    
Page 4, following line 5:                                                                           
     Insert a new bill section to read:                                                             
"* Sec. 8.  The uncodified law of the State of Alaska is amended by                               
adding a new section to read:                                                                     
     ADVISORY VOTE.  At a special election to be held on                                            
September 13, 2005, in substantial compliance with the election laws                                
of the state, including absentee voting and the preparation, publication,                           
and mailing of an election pamphlet under AS 15.58.010 - 15.58.090,                                 
the lieutenant governor shall place before the qualified voters of the                              
state a question advisory to the legislature and the governor.  The                                 
election pamphlet for the special election must comply with                                         
AS 15.58.020(6), including the requirement that it contain statements                               
that advocate voter approval or rejection of the question.                                          

2005-04-13                     Senate Journal                      Page 0946
Notwithstanding AS 15.60.005 and other laws relating to preparation                                 
of the ballot proposition, the question shall appear on the ballot in                               
substantially the following form, along with the text of secs. 1 - 7 of                             
this Act:                                                                                           
                                                                                                    
                               Q U E S T I O N                                                     
               Do you support spending money from the earnings                                     
             reserve account of the Alaska permanent fund for the                                  
       projects specified in SB 155 in the amounts specified?                                       
                                                                                                    
                             Yes [  ]   No [  ]"                                                   
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Page 4, line 6:                                                                                     
     Delete all material and insert:                                                                
"* Sec. 9.  Section 8 of this Act takes effect immediately under                                  
AS 01.10.070(c).                                                                                    
   * Sec. 10.  Except as provided in sec. 9 of this Act, this Act takes                           
effect November 1, 2005."                                                                           
                                                                                                    
Senator Ellis moved for the adoption of Amendment No. 2. Senator                                    
Ben Stevens objected.                                                                               
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 155(FIN)                                                                                       
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  6   NAYS:  13   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Olson                                                    
                                                                                                    
Nays:  Bunde, Cowdery, Dyson, Green, Hoffman, Huggins, Seekins,                                     
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Absent:  Kookesh                                                                                    
                                                                                                    
and so, Amendment No. 2 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 155(FIN) was automatically in third                                          
reading.                                                                                            

2005-04-13                     Senate Journal                      Page 0947
The question being: "Shall CS FOR SENATE BILL NO. 155(FIN)                                          
"An Act making appropriations from the earnings reserve account for                                 
construction of an integrated science complex at the University of                                  
Alaska in Anchorage, for replacement of the virology laboratory in                                  
Fairbanks, for expansion of the Anchorage Museum of History and                                     
Art, for the major maintenance grant fund, and for other capital                                    
projects related to education; and providing for an effective date" pass                            
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
CSSB 155(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Green, Hoffman, Kookesh, Olson,                                       
Seekins, Stedman, Stevens B, Stevens G, Wagoner, Wilken                                             
                                                                                                    
Nays:  Dyson, Ellis, Elton, French, Guess, Huggins, Therriault                                      
                                                                                                    
and so, CS FOR SENATE BILL NO. 155(FIN) passed the Senate.                                          
                                                                                                    
President pro tempore Green returned to the floor. President Stevens                                
returned as presiding officer.                                                                      
                                                                                                    
Senator Gary 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 155(FIN)                                                                                       
Effective Date Clause                                                                               
                                                                                                    
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman,                                  
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Elton, French                                                                                
                                                                                                    
and so, the effective date clause was adopted.                                                      
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    

2005-04-13                     Senate Journal                      Page 0948
                             Unfinished Business                                                 
                                                                                                    
SB 67                                                                                             
The reconsideration on CS FOR SENATE BILL NO. 67(JUD)(efd fld)                                      
"An Act relating to claims for personal injury or wrongful death                                    
against health care providers" 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 67                                                                                             
CS FOR SENATE BILL NO. 67(JUD)(efd fld) "An Act relating to                                         
claims for personal injury or wrongful death against health care                                    
providers" was engrossed, signed by the President and Secretary and                                 
transmitted to the House for consideration.                                                         
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., April 14, 2005. Without                               
objection, the Senate adjourned at 1:45 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2005                       

2005-04-13                     Senate Journal                      Page 0949
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                                                                                                    
                         COMMUNITY & REGIONAL AFFAIRS                                            
                                                                                                    
Apr 13        Wednesday                             Beltz 211         1:30 PM                     
     SB 120 ELIMINATE DAYLIGHT SAVING TIME                                                          
     SB 161 BOROUGH SALES TAX EXEMPTIONS                                                            
              Senate Bill:                                                                          
              TAXATION OF MINING PROPERTY; CONTRACTS                                                
              APPROVED BY MUNICIPALITIES FOR PAYMENT                                                
              IN LIEU OF TAXES                                                                      
              <Pending Introduction & Referral>                                                     
                                                                                                    
Apr 15        Friday                                Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 13        Wednesday                 Senate Finance 532            9:00 AM                     
+ SB  16 POWERS/DUTIES DOTPF/TRANSPORTATION PLAN                                                    
+ SJR 14 REPEAL FEDERAL ESTATE TAX                                                                  
+ SB 158 MUNI TAX ON STATE CONSTRUCTION CONTRACTS                                                   
+ SB 147 SPORT FISHING FACILITY REVENUE BONDS                                                       
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-13                     Senate Journal                      Page 0950
                             FINANCE (continued)                                                 
                                                                                                    
Apr 13        Wednesday                 Senate Finance 532            5:00 PM                     
              -- Time Change --                                                                     
+= HB  66 APPROP: MENTAL HEALTH BUDGET                                                              
+= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                      
              Continuation of Statewide Public                                                      
              Testimony (Public Testimony May Be                                                    
              Limited to No More Than 3 Minutes)                                                    
              5:00 pm Statewide Teleconference -                                                    
              Off Net Sites                                                                         
              5:30 - 6:30 pm Juneau                                                                 
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 14        Thursday                  Senate Finance 532            9:00 AM                     
+= HB  66 APPROP: MENTAL HEALTH BUDGET                                                              
+= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                      
              Consideration of Amendments                                                           
                                                                                                    
Apr 14        Thursday                  Senate Finance 532            5:00 PM                     
              -- Time Change --                                                                     
+= HB  66 APPROP: MENTAL HEALTH BUDGET                                                              
+= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                      
              Consideration of Amendments                                                           
              (If Needed)                                                                           
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 15        Friday                    Senate Finance 532            9:00 AM                     
+= HB  66 APPROP: MENTAL HEALTH BUDGET                                                              
+= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS                                                      
+= SB 130 WORKERS' COMPENSATION/ INSURANCE                                                          
              <Bill Hearing Canceled>                                                               
+ SB 131 WAGE & HOUR ACT: EXEC/PROF/ADMIN/SALES                                                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 13        Wednesday                       Butrovich 205           2:00 PM                     
              -- Note Time Change --                                                                
+= SB 125 LICENSING MEDICAL OR CARE FACILITIES                                                      
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    

2005-04-13                     Senate Journal                      Page 0951
               HEALTH, EDUCATION & SOCIAL SERVICES (continued)                                   
                                                                                                    
Apr 15        Friday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
              If Necessary                                                                          
                   ----------------------------------------                                        
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
Apr 13        Wednesday                       Butrovich 205           8:30 AM                     
+             Joint w/(H) Judiciary                                                                 
              Attorney General Confirmation Hearing:                                                
              David Marquez                                                                         
+= SB 140 BAN INTERNET SPYWARE                                                                      
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 14        Thursday                        Butrovich 205           8:00 AM                     
              -- Time Change --                                                                     
+= SB 135 ASSAULT & CUSTODIAL INTERFERENCE                                                          
+= SB 132 HUMAN RIGHTS COMMISSION                                                                   
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
Apr 15        Friday                          Butrovich 205           8:00 AM                     
              -- Time Change --                                                                     
+ SB  86 STATE/MUNI LIABILITY FOR ATTORNEY FEES                                                     
+ SB 159 INDECENT EXPOSURE TO MINORS                                                                
+ HB 155 YOUTH COURTS AND CRIMINAL FINES                                                            
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
Apr 14        Thursday                              Beltz 211         1:30 PM                     
+ HB  61 GAMING: CALCUTTA POOLS &  CRANE CLASSICS                                                   
+ SB 149 PROTECTION OF PERSONAL INFORMATION                                                         
+ SB 148 INFORMATION SECURITY                                                                       
+             Bills Previously Heard/Scheduled                                                      
+             Senate Bill:                                                                          
              Opticians                                                                             
              <Pending Introduction & Referral>                                                     
+= SB 108 INSURANCE                                                                                 
+= SB 157 REG. COST CHARGES: UTILITIES/PIPELINES                                                    
                   ----------------------------------------                                        

2005-04-13                     Senate Journal                      Page 0952
                                  RESOURCES                                                      
                                                                                                    
Apr 13        Wednesday                       Butrovich 205           3:30 PM                     
+= SB  53 AK PENINSULA OIL & GAS LEASE SALE; TAXES                                                  
+ SB 163 COOK INLET OIL & GAS TAX CREDIT                                                            
+ SCR  6 COOK INLET OIL & GAS PLATFORM ABANDONMENT                                                  
+ SCR  7 OIL AND GAS REG REVISIONS                                                                  
                                                                                                    
Apr 15        Friday                          Butrovich 205           3:30 PM                     
+ HB  19 PESTICIDE & BROADCAST CHEMICALS                                                            
+ SB 164 SALMON PRODUCT DEVELOPMENT TAX CREDIT                                                      
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
Apr 14        Thursday                              Beltz 211         3:30 PM                     
     SB  94 STATE EMPLOYEE HEALTH INSURANCE                                                         
     HB 116 LIABILITY FOR ALCOHOL LAW VIOLATIONS                                                    
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Apr 14        Thursday                        Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             Senate Bill:                                                                          
              AN ACT RELATING TO OFFENSES AND PENALTIES                                             
              FOR VIOLATION OF VEHICLE WEIGHT                                                       
              LIMITATIONS; PROHIBITING THE USE OF A                                                 
              VIOLATION OF A VEHICLE WEIGHT LIMITATION                                              
              FOR CERTAIN PERSONAL AUTOMOBILE                                                       
              INSURANCE ACTIONS; AMENDING RULE 43.6,                                                
              ALASKA RULES OF ADMINISTRATION; AND                                                   
              PROVIDING FOR AN EFFECTIVE DATE                                                       
              <Pending Introduction & Referral>                                                     
              Bills Previously Heard/Scheduled                                                      
              Continuation of DOT/PF Project                                                        
              Discussion if Needed                                                                  
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-13                     Senate Journal                      Page 0953
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                                                                                    
Apr 20        Wednesday                    Fahrenkamp 203             1:00 PM                     
              Hearing on DEC Proposed Changes to the                                                
              Alaska Food Codes