Legislature(2005 - 2006)

2005-05-08 Senate Journal

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2005-05-08                     Senate Journal                      Page 1453
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                      Sunday                       May 8, 2005                      
                                                                                                    
                          One Hundred Nineteenth Day                                             
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 3:50 p.m.                                                                                
                                                                                                    
The roll showed nineteen members present. Senator Bunde was                                         
absent.                                                                                             
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that                                         
Senator Bunde be excused from a call of the Senate from May 8 to                                    
evening plane time, May 11. Without objection, Senator Bunde was                                    
excused.                                                                                            
                                                                                                    
The prayer was offered by the Chaplain, Senator Guess. Senator                                      
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
          Before I give the Mother's Day prayer, I want to thank the                               
        members of this floor and in this building for the support you                             
     have given me as a new mother.                                                                 
                                                                                                    
     And, we pray.                                                                                  
                                                                                                    
     Today, we pray and give thanks to You, Lord, for mothers.                                      
                                                                                                    
           We pray for every mother whose head turns automatically                                 
           when a little voice calls "Mom?" in a crowd, even though                                
     their children are away at college.                                                            
                                                                                                    
          We pray for all the mothers who show up at work with spit-                               
     up in their hair and milk stains on their blouses.                                             
                                                                                                    

2005-05-08                     Senate Journal                      Page 1454
     We pray for the mothers who have sat up all night with sick                                    
     toddlers in their arms, wiping up vomit laced with Oscar                                       
     Meyer wieners and cherry Kool-Aid saying, "It's okay honey,                                    
     Mommy's here."                                                                                 
                                                                                                    
     We pray for the mothers who gave birth to babies they'll                                       
     never see. And the mothers who took those babies and gave                                      
     them homes.                                                                                    
                                                                                                    
     We pray for all the mothers who go hungry, so their children                                   
     can eat.                                                                                       
                                                                                                    
     We pray for all the mothers who teach their sons to cook and                                   
     their daughters to sink a jump shot.                                                           
                                                                                                    
     We pray for mothers whose children have gone astray, who                                       
     can't find the words to reach them.                                                            
                                                                                                    
     What makes a good mother anyway?                                                               
     Is it patience?                                                                                
     Compassion?                                                                                    
     Broad hips?                                                                                    
     The ability to nurse a baby, cook dinner, and sew a button on                                  
     a shirt, all at the same time?                                                                 
                                                                                                    
     Or is it in her heart?                                                                         
                                                                                                    
     The emotions of motherhood are universal.                                                      
                                                                                                    
     We pray and give thanks today for young (and older) mothers                                    
     stumbling through diaper changes and sleep deprivation…                                        
                                                                                                    
     For mature mothers learning to let go.                                                         
                                                                                                    
     For working mothers and stay-at-home mothers.                                                  
                                                                                                    
     Single mothers, married mothers, stepmothers, and surrogate                                    
     mothers.                                                                                       
                                                                                                    
     For our mothers here on earth and those with You, Lord.                                        
                                                                                                    
 We pray and give thanks.                                               Amen.                      
                                                                                                    

2005-05-08                     Senate Journal                      Page 1455
Senator Wagoner led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the one hundred eighteenth legislative day be approved as                               
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 141                                                                                            
Message dated May 7 was read stating, the House has failed to recede                                
from its amendments to CS FOR SENATE BILL NO. 141(FIN) "An                                          
Act relating to the teachers' and public employees' retirement systems                              
and creating defined contribution and health reimbursement plans for                                
members of the teachers' retirement system and the public employees'                                
retirement system who are first hired after July 1, 2005; relating to                               
university retirement programs; establishing the Alaska Retirement                                  
Management Board to replace the Alaska State Pension Investment                                     
Board, the Alaska Teachers' Retirement Board, and the Public                                        
Employees' Retirement Board; adding appeals of the decisions of the                                 
administrator of the teachers' and public employees' retirement                                     
systems to the jurisdiction of the office of administrative hearings;                               
providing for nonvested members of the teachers' retirement system                                  
defined benefit plans to transfer into the teachers' retirement system                              
defined contribution plan and for nonvested members of the public                                   
employees' retirement system defined benefit plans to transfer into the                             
public employees' retirement system defined contribution plan;                                      
providing for political subdivisions and public organizations to request                            
to participate in the public employees' defined contribution retirement                             
plan; and providing for an effective date," namely:                                                 
                                                                                                    
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
          141(FIN) am H                                                                             
                                                                                                    
The Speaker has appointed the following members to a Conference                                     
Committee to meet with the like committee from the Senate to                                        
consider the bills:                                                                                 

2005-05-08                     Senate Journal                      Page 1456
 Representative Seaton                                                                              
 Representative Weyhrauch                                                                           
 Representative Crawford                                                                            
                                                                                                    
Senate members appointed May 7:                                                                     
                                                                                                    
 Senator Green, Chair                                                                               
 Senator Seekins                                                                                    
 Senator Olson                                                                                      
                                                                                                    
SCR 10                                                                                            
Message dated May 7 was read, stating the House passed and returned:                                
                                                                                                    
          SENATE CONCURRENT RESOLUTION NO. 10                                                       
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 35, extending the                                               
          termination date of the State Board of Registration                                       
          for Architects, Engineers, and Land Surveyors.                                            
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SJR 16                                                                                            
Message dated May 7 was read, stating the House passed and returned:                                
                                                                                                    
          SENATE JOINT RESOLUTION NO. 16 Supporting                                                 
          legislation before the United States Congress that                                        
          reaffirms the right of the states to regulate hunting                                     
          and fishing.                                                                              
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SB 143                                                                                            
Message dated May 7 was read, stating the House passed and returned:                                
                                                                                                    
          CS FOR SENATE BILL NO. 143(STA) "An Act                                                   
          amending the definition of the term 'state agencies' as                                   
          it applies under Executive Order No. 113; relating to                                     
          information systems in the legislative branch and to                                      
          the Telecommunications Information Council; and                                           
          providing for an effective date."                                                         
                                                                                                    

2005-05-08                     Senate Journal                      Page 1457
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HB 35                                                                                             
Message dated May 7 was read, stating the House concurred in the                                    
Senate amendment to HOUSE BILL NO. 35 "An Act extending the                                         
termination date of the State Board of Registration for Architects,                                 
Engineers, and Land Surveyors; and providing for an effective date,"                                
thus adopting:                                                                                      
                                                                                                    
          SENATE CS FOR HOUSE BILL NO. 35(FIN) "An                                                  
          Act extending the termination date of the State Board                                     
          of Registration for Architects, Engineers, and Land                                       
          Surveyors; extending the term of a temporary                                              
          member of the State Board of Registration for                                             
          Architects, Engineers, and Land Surveyors; and                                            
          providing for an effective date."                                                         
          (Title change authorized by SCR 10)                                                       
                                                                                                    
HB 184                                                                                            
Message dated May 7 was read, stating the House concurred in the                                    
Senate amendments to HOUSE BILL NO. 184 am, thus adopting:                                          
                                                                                                    
          SENATE CS FOR HOUSE BILL NO. 184(JUD)                                                     
          am S "An Act relating to firearms."                                                       
                                                                                                    
HB 214                                                                                            
Message dated May 7 was read, stating the House concurred in the                                    
Senate amendment to CS FOR HOUSE BILL NO. 214(HES), thus                                            
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          214(STA) "An Act relating to anatomical gifts and                                         
          the anatomical gift donor registry program."                                              
                                                                                                    
Messages dated May 7 were read, stating the House passed and                                        
transmitted for consideration:                                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-08                     Senate Journal                      Page 1458
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HJR 17                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 17(RES) BY THE                                                    
HOUSE RESOURCES COMMITTEE,                                                                          
                                                                                                    
          Opposing the Federal Lands Recreation Enhancement                                         
          Act.                                                                                      
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
HCR 15                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 15 BY THE HOUSE                                                     
JUDICIARY COMMITTEE,                                                                                
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning Senate Bill No. 104, relating to the crimes                                    
          of unsworn falsification in the first and second degree                                   
          and false information or report; requiring the                                            
          establishment of a permanent fund dividend fraud                                          
          investigation unit in the Department of Revenue.                                          
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
HCR 17                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 17 BY THE HOUSE                                                     
RULES COMMITTEE,                                                                                    
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning Senate Bill No. 140, relating to computers                                     
          and the Internet.                                                                         
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-08                     Senate Journal                      Page 1459
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 272                                                                                            
CS FOR HOUSE BILL NO. 272(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act relating to card rooms and card operations,                                       
          and permitting issuance of a license to own a card                                        
          room and conduct card games in a municipality of the                                      
          state if the municipality has adopted an ordinance,                                       
          ratified by a majority of the municipal voters voting                                     
          on the question, authorizing card rooms and card                                          
          games in that municipality."                                                              
                                                                                                    
was read the first time and referred to the Judiciary and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                               Concur Messages                                                   
SB 36                                                                                             
Message dated May 7 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 36(JUD) "An Act                                            
relating to absentee ballots" with the following amendments:                                        
                                                                                                    
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          36(JUD) am H                                                                              
                                                                                                    
President Stevens stated the message will be held on the Secretary's                                
desk.                                                                                               
                                                                                                    
SB 101                                                                                            
Message dated May 7 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 101(JUD) "An Act                                           
making corrective amendments to the Alaska Statutes as                                              
recommended by the revisor of statutes; and providing for an effective                              
date" with the following amendment:                                                                 
                                                                                                    
          HOUSE CS FOR CS FOR SENATE BILL NO.                                                       
          101(JUD)                                                                                  
                                                                                                    

2005-05-08                     Senate Journal                      Page 1460
President Stevens stated the message will be held on the Secretary's                                
desk.                                                                                               
                                                                                                    
SB 104                                                                                            
Message dated May 7 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 104(JUD) "An Act                                           
relating to the crimes of unsworn falsification in the first and second                             
degrees and false information or report; requiring the establishment of                             
a permanent fund dividend fraud investigation unit in the Department                                
of Revenue; and providing for an effective date" with the following                                 
amendment:                                                                                          
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 104(JUD)                                                   
     "An Act relating to the crimes of unsworn falsification in the                                 
     first degree involving an application for a permanent fund                                     
     dividend and false information or report involving eligibility                                 
     for a permanent fund dividend; requiring the establishment of                                  
     a permanent fund dividend fraud investigation unit in the                                      
     Department of Revenue; relating to service in the peace corps                                  
     and as a member of the United States Olympic Team as                                           
     allowable absences from the state for purposes of eligibility                                  
     for permanent fund dividends and to the period for filing an                                   
     application for a permanent fund dividend; authorizing the                                     
     Department of Revenue to issue administrative orders                                           
     imposing sanctions for certain misrepresentations or other                                     
     actions concerning eligibility for a permanent fund dividend                                   
     and providing for administrative appeal of those orders; and                                   
     providing for an effective date."                                                              
     (Title change authorized by HCR 15)                                                            
                                                                                                    
President Stevens stated the message will be held on the Secretary's                                
desk.                                                                                               
                                                                                                    
SB 140                                                                                            
Message dated May 6 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 140(JUD) "An Act                                           
relating to spyware and unsolicited Internet advertising" with the                                  
following amendment:                                                                                
                                                                                                    
                                                                                                    

2005-05-08                     Senate Journal                      Page 1461
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
               140(RLS) "An Act relating to computers, computer                                    
          communications, and the Internet."                                                        
          (Title change authorized by HCR 17)                                                       
                                                                                                    
President Stevens stated the message will be held on the Secretary's                                
desk.                                                                                               
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
HB 26                                                                                             
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
26(FIN) "An Act relating to short-term commercial fishing                                           
crewmember licenses; and providing for an effective date." Signing no                               
recommendation: Senators Wilken, Green, Cochairs; Senator Dyson.                                    
Signing do pass: Senators Hoffman, Olson.                                                           
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Fish and Game                                                     
 Fiscal Note No. 2, indeterminate, Department of Labor and                                          
       Workforce Development                                                                        
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 106                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
106(FIN) "An Act establishing the senior care program and relating to                               
that program; creating a fund for the provision of the senior care                                  
program; repealing ch. 3, SLA 2004; and providing for an effective                                  
date" and recommended it be replaced with                                                           
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          106(FIN)                                                                                  
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs; Senators                                         
Hoffman, Olson, Dyson, Stedman.                                                                     
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-08                     Senate Journal                      Page 1462
The following previously published fiscal information applies:                                      
 Fiscal Note No. 5, Department of Health and Social Services                                        
 Fiscal Note No. 6, Department of Health and Social Services                                        
 Fiscal Note No. 7, Department of Health and Social Services                                        
 Fiscal Note No. 8, Department of Health and Social Services                                        
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 257                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
257(JUD) "An Act relating to and extending the pilot program for                                    
state procurement and electronic commerce tools; and providing for an                               
effective date" and recommended it be replaced with                                                 
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          257(FIN)                                                                                  
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs. Signing no                                       
recommendation: Senators Hoffman, Olson, Dyson, Stedman.                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 3, Senate Labor and Commerce Committee                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Alaska Court System                                                       
 Fiscal Note No. 2, indeterminate, Department of Administration                                     
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                          Special Committee Reports                                              
                                                                                                    
SB 141                                                                                            
                                                                 May 7, 2005                        
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The Conference Committee considering CS FOR SENATE BILL NO.                                         
141(FIN) "An Act relating to the teachers' and public employees'                                    
retirement systems and creating defined contribution and health                                     

2005-05-08                     Senate Journal                      Page 1463
reimbursement plans for members of the teachers' retirement system                                  
and the public employees' retirement system who are first hired after                               
July 1, 2005; relating to university retirement programs; establishing                              
the Alaska Retirement Management Board to replace the Alaska State                                  
Pension Investment Board, the Alaska Teachers' Retirement Board,                                    
and the Public Employees' Retirement Board; adding appeals of the                                   
decisions of the administrator of the teachers' and public employees'                               
retirement systems to the jurisdiction of the office of administrative                              
hearings; providing for nonvested members of the teachers' retirement                               
system defined benefit plans to transfer into the teachers' retirement                              
system defined contribution plan and for nonvested members of the                                   
public employees' retirement system defined benefit plans to transfer                               
into the public employees' retirement system defined contribution                                   
plan; providing for political subdivisions and public organizations to                              
request to participate in the public employees' defined contribution                                
retirement plan; and providing for an effective date"                                               
                                                                                                    
and                                                                                                 
                                                                                                    
     HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am                                                
     H "An Act relating to the teachers' and public employees'                                      
     retirement systems and creating defined contribution and                                       
     health reimbursement plans for members of the teachers'                                        
     retirement system and the public employees' retirement                                         
     system who are first hired after July 1, 2005; relating to                                     
     university retirement programs; establishing the Alaska                                        
     Retirement Management Board to replace the Alaska State                                        
     Pension Investment Board, the Alaska Teachers' Retirement                                      
     Board, and the Public Employees' Retirement Board; adding                                      
     appeals of the decisions of the administrator of the teachers'                                 
     and public employees' retirement systems to the jurisdiction                                   
     of the office of administrative hearings; providing for                                        
     nonvested members of the teachers' retirement system                                           
     defined benefit plans to transfer into the teachers' retirement                                
     system defined contribution plan and for nonvested members                                     
     of the public employees' retirement system defined benefit                                     
     plans to transfer into the public employees' retirement system                                 
     defined contribution plan; providing for political subdivisions                                
     and public organizations to request to participate in the public                               
     employees' defined contribution retirement plan; and                                           
     providing for an effective date"                                                               

2005-05-08                     Senate Journal                      Page 1464
requests limited powers of free conference on the following specific                                
points:                                                                                             
                                                                                                    
          AS 14.25.070(b), AS 39.35.270(b); AS 14.25.350(b),                                        
          AS 39.35.750(b); AS 39.30.370; AS 14.25.470(a),                                           
          AS 39.35.870(a);  AS 14.25.480(i)-(j), AS 39.35.880                                       
          (j)-(k); AS 14.25.870(d)-(f), AS 39.35.870(d)-(f); AS                                     
          39.30.370; AS 39.30.380; AS 37.10.210(b)-(c); AS                                          
          37.10.220(a)(9); AS 39.35.385(f); AS 14.40.661-                                           
          14.40.799; AS 14.25.220(42)(D), AS                                                        
          14.25.590(27)(C); AS 14.25.485, AS 39.35.885; AS                                          
          39.35.890; AS 39.35.892; AS 14.25.315, AS                                                 
          39.35.705; Sec. 132, Sec. 133, and Sec. 141 of HCS                                        
          CSSB141(FIN) am H                                                                         
                                                                                                    
The detailed report of specific points is on file in the Senate                                     
Secretary's Office.                                                                                 
                                                                                                    
Signing the report: Senator Green, Chair, Senators Seekins, Olson;                                  
Representatives Seaton, Weyhrauch, Crawford.                                                        
                                                                                                    
President Stevens granted the Senate members limited powers of free                                 
conference as requested.                                                                            
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 197                                                                                            
SENATE BILL NO. 197 BY SENATOR HUGGINS, entitled:                                                   
                                                                                                    
          "An Act creating the Knik River Public Use Area."                                         
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-08                     Senate Journal                      Page 1465
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 46                                                                                             
Senator Gary Stevens moved and asked unanimous consent that                                         
SENATE BILL NO. 46 "An Act making capital appropriations and                                        
appropriations to capitalize funds; and providing for an effective date"                            
be moved to the bottom of the calendar. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
SB 70                                                                                             
Senator Gary Stevens moved and asked unanimous consent that                                         
SENATE BILL NO. 70 "An Act relating to controlled substances                                        
regarding the crimes of manslaughter, endangering the welfare of a                                  
child, and misconduct involving a controlled substance; and providing                               
for an effective date" be moved to the bottom of the calendar. Without                              
objection, it was so ordered.                                                                       
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
First Supplemental Calendar be adopted. Without objection, the First                                
Supplemental Calendar was adopted.                                                                  
                                                                                                    
                                                                                                    
               Consideration of the First Supplemental Calendar                                  
                                                                                                    
                         House Bills in Third Reading                                            
                                                                                                    
HB 249                                                                                            
CS FOR HOUSE BILL NO. 249(RLS) was before the Senate in third                                       
reading.                                                                                            
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 249(RLS) "An                                       
Act relating to enhanced 911 systems and enhanced 911 surcharges                                    
imposed by a municipality, public municipal corporation, or village"                                
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-08                     Senate Journal                      Page 1466
CSHB 249(RLS)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  16   NAYS:  3   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Stedman, Stevens B, Stevens G,                                    
Wagoner                                                                                             
                                                                                                    
Nays:  Seekins, Therriault, Wilken                                                                  
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, CS FOR HOUSE BILL NO. 249(RLS) passed the Senate.                                           
                                                                                                    
                                                                                                    
                        Reconsideration of House Bills                                           
                                                                                                    
HB 249                                                                                            
Senator Gary Stevens gave notice of reconsideration on CS FOR                                       
HOUSE BILL NO. 249(RLS) and moved and asked unanimous                                               
consent that it be taken up at this time. Without objection, it was so                              
ordered and the bill was before the Senate on reconsideration.                                      
                                                                                                    
The question to be reconsidered: "Shall CS FOR HOUSE BILL NO.                                       
249(RLS) "An Act relating to enhanced 911 systems and enhanced                                      
911 surcharges imposed by a municipality, public municipal                                          
corporation, or village" pass the Senate?" The roll was taken with the                              
following result:                                                                                   
                                                                                                    
CSHB 249(RLS)                                                                                       
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  16   NAYS:  3   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Stedman, Stevens B, Stevens G,                                    
Wagoner                                                                                             
                                                                                                    
Nays:  Seekins, Therriault, Wilken                                                                  
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, CS FOR HOUSE BILL NO. 249(RLS) passed the Senate on                                         
reconsideration, was signed by the President and Secretary and                                      
returned to the House.                                                                              

2005-05-08                     Senate Journal                      Page 1467
                        Consideration of the Calendar                                            
                                                                                                    
                  Second Reading of Senate Bills (continued)                                     
                                                                                                    
SB 157                                                                                            
SENATE BILL NO. 157 "An Act relating to the maximum annual                                          
regulatory cost charge collected from certain regulated public utilities                            
and pipeline carriers; and providing for an effective date" was read the                            
second time.                                                                                        
                                                                                                    
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 1400.                                  
Without objection, CS FOR SENATE BILL NO. 157(FIN) "An Act                                          
relating to the maximum annual regulatory cost charge collected from                                
certain regulated public utilities and pipeline carriers and to public                              
utility liability associated with operating certain transmission lines                              
under a Regulatory Commission of Alaska order for joint use and                                     
interconnection; and providing for an effective date" was adopted.                                  
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 157(FIN) will                                       
be on the May 9 calendar.                                                                           
                                                                                                    
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 95                                                                                             
CS FOR HOUSE BILL NO. 95(RLS) am "An Act relating to the                                            
duties of the Department of Health and Social Services as those duties                              
pertain to public health and public health emergencies and disasters;                               
relating to medical treatment, information, isolation and quarantine for                            
the prevention and management of conditions of public health                                        
importance; relating to duties of the public defender and office of                                 
public advocacy regarding public health emergencies and disasters;                                  
relating to liability for actions arising from public health procedures;                            
making conforming amendments; relating to the treatment and                                         
transportation of dead bodies; amending Rules 4, 7, 8, 38, 40, 65, 72,                              
and 77, Alaska Rules of Civil Procedure; and providing for an                                       
effective date" was read the second time.                                                           
                                                                                                    
                                                                                                    

2005-05-08                     Senate Journal                      Page 1468
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Senate Committee Substitute offered on page                               
1147. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 95(JUD) was adopted.                                                                            
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
bill be considered engrossed, advanced to third reading and placed on                               
final passage. Without objection, it was so ordered.                                                
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 95(JUD) was read the                                            
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 95(JUD) "An Act relating to the duties of the Department of                                     
Health and Social Services as those duties pertain to public health and                             
public health emergencies and disasters; relating to medical treatment,                             
information, isolation and quarantine for the prevention and                                        
management of conditions of public health importance; relating to                                   
duties of the public defender and office of public advocacy regarding                               
public health emergencies and disasters; relating to liability for actions                          
arising from public health procedures; making conforming                                            
amendments; relating to the treatment and transportation of dead                                    
bodies; amending Rules 4, 7, 8, 38, 40, 65, 72, and 77, Alaska Rules of                             
Civil Procedure; and providing for an effective date" pass the Senate?"                             
The roll was taken with the following result:                                                       
                                                                                                    
SCS CSHB 95(JUD)                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                Court Rules                                                           
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 95(JUD)                                                 
passed the Senate.                                                                                  
                                                                                                    
                                                                                                    

2005-05-08                     Senate Journal                      Page 1469
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the Court                                 
Rule changes. Without objection, it was so ordered.                                                 
                                                                                                    
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                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 97                                                                                             
CS FOR HOUSE BILL NO. 97(FIN) "An Act relating to the authority                                     
to take oaths, affirmations, and acknowledgments in the state, to                                   
notarizations, to verifications, to acknowledgments, to fees for issuing                            
certificates with the seal of the state affixed, and to notaries public;                            
and providing for an effective date" was read the second time.                                      
                                                                                                    
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Senate Committee Substitute offered on page                                 
1209. Senator Ellis objected, then withdrew his objection. There being                              
no further objection, SENATE CS FOR CS FOR HOUSE BILL NO.                                           
97(FIN) was adopted.                                                                                
                                                                                                    
President Stevens stated SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 97(FIN) will be on the May 9 calendar.                                                          
                                                                                                    
HB 98                                                                                             
Senator Gary Stevens moved and asked unanimous consent that CS                                      
FOR HOUSE BILL NO. 98(RLS) "An Act relating to the                                                  
compensation of the governor, the lieutenant governor, and certain                                  
public officials, officers, and employees not covered by collective                                 
bargaining agreements; and providing for an effective date" be moved                                
to the bottom of the calendar. Without objection, it was so ordered.                                
                                                                                                    
HB 106                                                                                            
CS FOR HOUSE BILL NO. 106(FIN) "An Act establishing the senior                                      
care program and relating to that program; creating a fund for the                                  
provision of the senior care program; repealing ch. 3, SLA 2004; and                                
providing for an effective date" was read the second time.                                          
                                                                                                    
                                                                                                    

2005-05-08                     Senate Journal                      Page 1470
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Senate Committee Substitute offered on page                                 
1461. Senator Elton objected, then withdrew his objection. There                                    
being no further objection, SENATE CS FOR CS FOR HOUSE BILL                                         
NO. 106(FIN) was adopted.                                                                           
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
bill be considered engrossed, advanced to third reading and placed on                               
final passage. Without objection, it was so ordered.                                                
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 106(FIN) was read the                                           
third time.                                                                                         
                                                                                                    
Senator Guess declared a conflict of interest.                                                      
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 106(FIN) "An Act establishing the senior care program and                                       
relating to that program; creating a fund for the provision of the senior                           
care program; repealing ch. 3, SLA 2004; and providing for an                                       
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SCS CSHB 106(FIN)                                                                                   
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 106(FIN)                                                
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 clauses. Without objection, it was so ordered.                                                 
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       

2005-05-08                     Senate Journal                      Page 1471
HB 119                                                                                            
CS FOR HOUSE BILL NO. 119(FIN) "An Act extending the                                                
termination date of the Alaska regional economic assistance program;                                
and providing for an effective date" was read the second time.                                      
                                                                                                    
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Senate Committee Substitute offered on page                                 
1280. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 119(FIN) was adopted.                                                                           
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
bill be considered engrossed, advanced to third reading and placed on                               
final passage. Without objection, it was so ordered.                                                
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN) was read the                                           
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 119(FIN) "An Act extending the termination date of the Alaska                                   
regional economic assistance program; and providing for an effective                                
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
SCS CSHB 119(FIN)                                                                                   
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN)                                                
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                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    

2005-05-08                     Senate Journal                      Page 1472
HB 123                                                                                            
CS FOR HOUSE BILL NO. 123(RLS) am "An Act relating to                                               
occupational licensing fees, fines, and penalties and to regulatory                                 
board fines; extending the termination dates of the Boards of Barbers                               
and Hairdressers, Social Work Examiners, Pharmacy, Professional                                     
Counselors, Psychologist and Psychological Associate Examiners, and                                 
Veterinary Examiners; relating to psychologist licensing by                                         
credentials; relating to an exemption that allows one bill to continue                              
more than one board, commission, or agency program; 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. 123(RLS) am was read the third time.                                          
                                                                                                    
Senator Dyson declared a conflict of interest.                                                      
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 123(RLS) am                                        
"An Act relating to occupational licensing fees, fines, and penalties                               
and to regulatory board fines; extending the termination dates of the                               
Boards of Barbers and Hairdressers, Social Work Examiners,                                          
Pharmacy, Professional Counselors, Psychologist and Psychological                                   
Associate Examiners, and Veterinary Examiners; relating to                                          
psychologist licensing by credentials; relating to an exemption that                                
allows one bill to continue more than one board, commission, or                                     
agency program; and providing for an effective date" pass the                                       
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSHB 123(RLS) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, CS FOR HOUSE BILL NO. 123(RLS) am passed the Senate.                                        

2005-05-08                     Senate Journal                      Page 1473
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.                                    
                                                                                                    
HB 147                                                                                            
CS FOR HOUSE BILL NO. 147(FIN) am "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 companies; reducing                               
the period for filing a quarterly financial statement; and providing for                            
an effective date" was read the second time.                                                        
                                                                                                    
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Senate Committee Substitute offered on page                                 
1405. Senator Ellis objected.                                                                       
                                                                                                    
The question being: "Shall the Finance Senate Committee Substitute                                  
be adopted?" The roll was taken with the following result:                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-08                     Senate Journal                      Page 1474
CSHB 147(FIN) am                                                                                    
Second Reading                                                                                      
Adopt Finance Senate Committee Substitute?                                                          
                                                                                                    
YEAS:  11   NAYS:  8   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, the Finance Senate Committee Substitute was adopted.                                        
                                                                                                    
President Stevens stated SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 147(FIN) will be on the May 9 calendar.                                                         
                                                                                                    
HB 187                                                                                            
CS FOR HOUSE BILL NO. 187(FIN)(efd fld) "An Act relating to                                         
money deposited into the Alaska permanent fund as a result of the                                   
settlement of State v. Amerada Hess; relating to the Alaska capital                                 
income fund and to deposits of income from State v. Amerada Hess                                    
settlement money into the Alaska capital income fund" was read the                                  
second time.                                                                                        
                                                                                                    
President Stevens stated CS FOR HOUSE BILL NO. 187(FIN)(efd                                         
fld) will be on the May 9 calendar.                                                                 
                                                                                                    
HB 257                                                                                            
CS FOR HOUSE BILL NO. 257(JUD) "An Act relating to and                                              
extending the pilot program for state procurement and electronic                                    
commerce tools; and providing for an effective date" was read the                                   
second time.                                                                                        
                                                                                                    
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Senate Committee Substitute offered on page                                 
1462. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 257(FIN) was adopted.                                                                           
                                                                                                    
President Stevens stated SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 257(FIN) will be on the May 9 calendar.                                                         
                                                                                                    

2005-05-08                     Senate Journal                      Page 1475
HB 279                                                                                            
Senator Gary Stevens moved and asked unanimous consent that CS                                      
FOR HOUSE BILL NO. 279(FIN) "An Act relating to encroachments                                       
in the right-of-way of a highway" be moved to the bottom of the                                     
calendar. Without objection, it was so ordered.                                                     
                                                                                                    
HB 293                                                                                            
HOUSE BILL NO. 293 "An Act relating to a borough sales tax                                          
exemption for a source that is taxed by a city in that borough" 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.                                                                       
                                                                                                    
HOUSE BILL NO. 293 was read the third time.                                                         
                                                                                                    
The question being: "Shall HOUSE BILL NO. 293 "An Act relating to                                   
a borough sales tax exemption for a source that is taxed by a city in                               
that borough" pass the Senate?" The roll was taken with the following                               
result:                                                                                             
                                                                                                    
HB 293                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  18   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Guess, Hoffman,                                 
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Green                                                                                        
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, HOUSE BILL NO. 293 passed the Senate.                                                       
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-08                     Senate Journal                      Page 1476
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 73                                                                                             
CS FOR SENATE BILL NO. 73(FIN) was read the third time.                                             
                                                                                                    
Senator Wilken 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.                                         
                                                                                                    
Senators Wilken, Seekins offered Amendment No. 1:                                                   
                                                                                                    
Page 1, line 2, following "laboratory":                                                           
 Insert "in Fairbanks"                                                                            
                                                                                                    
Page 1, line 10, following "laboratory":                                                          
 Insert "in Fairbanks"                                                                            
                                                                                                    
Page 2, line 8, following "laboratory":                                                           
 Insert "in Fairbanks"                                                                            
                                                                                                    
Page 2, line 12, following "laboratory":                                                          
 Insert "in Fairbanks"                                                                            
                                                                                                    
Senator Wilken moved for the adoption of Amendment No. 1. Without                                   
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
CS FOR SENATE BILL NO. 73(FIN) am was automatically in third                                        
reading.                                                                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 73(FIN) am                                        
"An Act relating to a lease-purchase agreement for the construction,                                
equipping, and financing of a state virology laboratory in Fairbanks to                             
be operated by the Department of Health and Social Services; relating                               
to the issuance of certificates of participation for the laboratory;                                
relating to the use of certain investment income for certain                                        
construction and equipment costs for the laboratory; and providing for                              
an effective date" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
                                                                                                    

2005-05-08                     Senate Journal                      Page 1477
CSSB 73(FIN) am                                                                                     
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, CS FOR SENATE BILL NO. 73(FIN) 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.                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration on CS FOR SENATE                                       
BILL NO. 73(FIN) am "An Act relating to a lease-purchase agreement                                  
for the construction, equipping, and financing of a state virology                                  
laboratory in Fairbanks to be operated by the Department of Health                                  
and Social Services; relating to the issuance of certificates of                                    
participation for the laboratory; relating to the use of certain                                    
investment income for certain construction and equipment costs for                                  
the laboratory; and providing for an effective date."                                               
                                                                                                    
SB 153                                                                                            
SENATE BILL NO. 153 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 153 "An Act relating                                     
to international airports revenue bonds; and providing for an effective                             
date" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
SB 153                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     

2005-05-08                     Senate Journal                      Page 1478
                                                                                                    
and so, SENATE BILL NO. 153 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.                                                  
                                                                                                    
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 169                                                                                            
CS FOR HOUSE BILL NO. 169(FIN) was read the third time.                                             
                                                                                                    
Senator French declared a conflict of interest.                                                     
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 169(FIN) "An                                       
Act relating to the educational requirements for certain real estate                                
brokers, associate brokers, and salespersons with new or suspended                                  
licenses; relating to review of real estate transactions by attorneys or                            
associate brokers; relating to the requirements for a real estate broker                            
license and an associate real estate broker license; and providing for an                           
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
CSHB 169(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, CS FOR HOUSE BILL NO. 169(FIN) 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 clauses. Without objection, it was so ordered.                                                 
                                                                                                    
Senator Olson gave notice of reconsideration.                                                       
                                                                                                    

2005-05-08                     Senate Journal                      Page 1479
HB 211                                                                                            
CS FOR HOUSE BILL NO. 211(FIN) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 211(FIN) "An                                       
Act extending the termination date of the Board of Dental Examiners;                                
and relating to dentists and dental hygienists" pass the Senate?" The                               
roll was taken with the following result:                                                           
                                                                                                    
CSHB 211(FIN)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, CS FOR HOUSE BILL NO. 211(FIN) passed the Senate, was                                       
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 215                                                                                            
CS FOR HOUSE BILL NO. 215(FIN) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 215(FIN) "An                                       
Act relating to the investment responsibilities of the Alaska Permanent                             
Fund Corporation; relating to regulations proposed and adopted by the                               
Board of Trustees of the Alaska Permanent Fund Corporation and                                      
providing procedures for the adoption of regulations by the board; and                              
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
CSHB 215(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stevens B, Stevens G,                                    
Therriault, Wilken                                                                                  
                                                                                                    
Nays:  Stedman, Wagoner                                                                             
                                                                                                    
Excused:  Bunde                                                                                     

2005-05-08                     Senate Journal                      Page 1480
                                                                                                    
and so, CS FOR HOUSE BILL NO. 215(FIN) 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 clauses. Without objection, it was so ordered                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in recess to a call of the Chair. Without objection, the                               
Senate recessed at 5:06 p.m.                                                                        
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 9:14 p.m.                                                                  
                                                                                                    
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 153                                                                                            
Senator Gary Stevens gave notice of reconsideration on SENATE                                       
BILL NO. 153 and moved and asked unanimous consent that it be                                       
taken up at this time. Without objection, it was so ordered and the bill                            
was before the Senate on reconsideration.                                                           
                                                                                                    
The question to be reconsidered: "Shall SENATE BILL NO. 153 "An                                     
Act relating to international airports revenue bonds; and providing for                             
an effective date" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
SB 153                                                                                              
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     

2005-05-08                     Senate Journal                      Page 1481
                                                                                                    
and so, SENATE BILL NO. 153 passed the Senate on reconsideration.                                   
                                                                                                    
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                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
                                                                                                    
                        Reconsideration of House Bills                                           
                                                                                                    
HB 286                                                                                            
Senator Therriault requested that the reconsideration on SENATE CS                                  
FOR HOUSE BILL NO. 286(RES) be taken up. The bill was before                                        
the Senate on reconsideration.                                                                      
                                                                                                    
Senator Therriault 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.                                      
                                                                                                    
Amendment No. 1 was not offered.                                                                    
                                                                                                    
Senator Therriault offered Amendment No. 2:                                                         
                                                                                                    
Page 1, line 8, following "state;":                                                               
     Insert "prohibiting municipalities from imposing severance                                   
taxes on minerals"                                                                                
                                                                                                    
Page 1, following line 9:                                                                           
     Insert new bill sections to read:                                                              
     "* Section 1.  AS 29.10.200 is amended by adding a new                                       
paragraph to read:                                                                                  
               (64)  AS 29.45.820 (severance tax on minerals).                                     
        * Sec. 2.  AS 29.45 is amended by adding a new section to read:                           
              Sec. 29.45.820.  Taxes on minerals.  A municipality may                             
          not impose a severance tax on minerals produced or extracted                              
          in the municipality other than a tax imposed before January 1,                            
          2005.  If a severance tax on minerals produced or extracted in                            
          a municipality was imposed before January 1, 2005, the                                    
          municipality or its successor may continue to levy the tax,                               

2005-05-08                     Senate Journal                      Page 1482
          regardless of any subsequent annexation, merger,                                          
          consolidation, unification, or reclassification of the                                    
          municipality that imposed the tax before January 1, 2005.                                 
          This section applies to home rule and general law                                         
          municipalities.  For purposes of this section, "mineral" means                            
          ore and mineral products other than sand, gravel, and coal."                              
                                                                                                    
Page 1, line 10:                                                                                    
     Delete "Section 1"                                                                           
     Insert "Sec. 3"                                                                              
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 7, line 19:                                                                                    
     Delete all material and insert:                                                                
        "* Sec. 11.  REPEAL.  AS 29.10.200(64) and AS 29.45.820 are                               
repealed.                                                                                           
        * Sec. 12.  The uncodified law of the State of Alaska is amended                          
by adding a new section to read:                                                                    
     RETROACTIVITY.  Sections 1 and 2 of this Act are retroactive                                   
to January 1, 2005.                                                                                 
        * Sec. 13.  Section 11 of this Act takes effect September 1,                              
2006.                                                                                               
        * Sec. 14.  Except as provided in sec. 13 of this Act, this Act                           
takes effect immediately under AS 01.10.070(c)."                                                    
                                                                                                    
Senator Therriault moved for the adoption of Amendment No. 2.                                       
Senator Ellis objected.                                                                             
                                                                                                    
Senator Wilken moved and asked unanimous consent for the adoption                                   
of the following amendment to Amendment No. 2:                                                      
                                                                                                    
Page 2, line 8:                                                                                     
 Delete "September 1, 2006"                                                                         
 Insert "June 1, 2006"                                                                              
                                                                                                    
Objections were heard, then withdrawn. There being no further                                       
objection, Amendment No. 2 was amended.                                                             
                                                                                                    
                                                                                                    

2005-05-08                     Senate Journal                      Page 1483
Senator Therriault moved and asked unanimous consent to withdraw                                    
Amendment No. 2 as amended. Without objection, it was so ordered.                                   
                                                                                                    
The question to be reconsidered: "Shall SENATE CS FOR HOUSE                                         
BILL NO. 286(RES) "An Act amending the manner of determining                                        
the royalty received by the state on gas production by directing the                                
commissioner of natural resources to accept, under certain                                          
circumstances, the transfer price of the gas if established by transfer                             
price order of the Regulatory Commission of Alaska; extending and                                   
amending the requirements applicable to the credit that may be                                      
claimed for certain oil and gas exploration expenses incurred in Cook                               
Inlet against oil and gas properties production (severance) taxes, and                              
amending the credit against those taxes for certain exploration                                     
expenditures from leases or properties in the state; and providing for                              
an effective date" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
SCS HB 286(RES)                                                                                     
Third Reading - On Reconsideration                                                                  
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, SENATE CS FOR HOUSE BILL NO. 286(RES) passed the                                            
Senate on reconsideration.                                                                          
                                                                                                    
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                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
                  Second Reading of Senate Bills (continued)                                     
                                                                                                    
SB 46                                                                                             
SENATE BILL NO. 46 "An Act making capital appropriations and                                        
appropriations to capitalize funds; and providing for an effective date"                            
which had been moved to the bottom of the calendar (page 1465) was                                  
not in the possession of the Senate.                                                                

2005-05-08                     Senate Journal                      Page 1484
SB 70                                                                                             
SENATE BILL NO. 70 "An Act relating to controlled substances                                        
regarding the crimes of manslaughter, endangering the welfare of a                                  
child, and misconduct involving a controlled substance; and providing                               
for an effective date" which had been moved to the bottom of the                                    
calendar (page 1465) was not in the possession of the Senate.                                       
                                                                                                    
HB 98                                                                                             
CS FOR HOUSE BILL NO. 98(RLS) "An Act relating to the                                               
compensation of the governor, the lieutenant governor, and certain                                  
public officials, officers, and employees not covered by collective                                 
bargaining agreements; and providing for an effective date" which had                               
been moved to the bottom of the calendar (page 1469) was not in the                                 
possession of the Senate.                                                                           
                                                                                                    
HB 279                                                                                            
CS FOR HOUSE BILL NO. 279(FIN) "An Act relating to                                                  
encroachments in the right-of-way of a highway" which had been                                      
moved to the bottom of the calendar (page 1475) was not in the                                      
possession of the Senate.                                                                           
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
SB 186                                                                                            
The reconsideration on CS FOR SENATE BILL NO. 186(JUD) "An                                          
Act relating to the Alaska Executive Branch Ethics Act; and providing                               
for an effective date" was not taken up this legislative day and the bill                           
was referred to the Secretary for engrossment.                                                      
                                                                                                    
SB 187                                                                                            
The reconsideration on CS FOR SENATE BILL NO. 187(JUD) "An                                          
Act relating to legislative ethics open meetings guidelines, to the                                 
public members of the Select Committee on Legislative Ethics, to                                    
alternate members of the legislative subcommittees, to advisory                                     
opinions, and to confidential information and proceedings regarding                                 
legislative ethics complaints and investigations" was not taken up this                             
legislative day and the bill was referred to the Secretary for                                      
engrossment.                                                                                        
                                                                                                    

2005-05-08                     Senate Journal                      Page 1485
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                               
in effect.                                                                                          
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 153                                                                                            
SENATE BILL NO. 153 "An Act relating to international airports                                      
revenue bonds; and providing for an effective date" was engrossed,                                  
signed by the President and Secretary and transmitted to the House for                              
consideration.                                                                                      
                                                                                                    
SB 186                                                                                            
CS FOR SENATE BILL NO. 186(JUD) "An Act relating to the                                             
Alaska Executive Branch Ethics Act; and providing for an effective                                  
date" was engrossed, signed by the President and Secretary and                                      
transmitted to the House for consideration.                                                         
                                                                                                    
SB 187                                                                                            
CS FOR SENATE BILL NO. 187(JUD) "An Act relating to legislative                                     
ethics open meetings guidelines, to the public members of the Select                                
Committee on Legislative Ethics, to alternate members of the                                        
legislative subcommittees, to advisory opinions, and to confidential                                
information and proceedings regarding legislative ethics complaints                                 
and investigations" was engrossed, signed by the President and                                      
Secretary and transmitted to the House for consideration.                                           
                                                                                                    
HB 95                                                                                             
SENATE CS FOR CS FOR HOUSE BILL NO. 95(JUD) "An Act                                                 
relating to the duties of the Department of Health and Social Services                              
as those duties pertain to public health and public health emergencies                              
and disasters; relating to medical treatment, information, isolation and                            
quarantine for the prevention and management of conditions of public                                
health importance; relating to duties of the public defender and office                             
of public advocacy regarding public health emergencies and disasters;                               
relating to liability for actions arising from public health procedures;                            

2005-05-08                     Senate Journal                      Page 1486
making conforming amendments; relating to the treatment and                                         
transportation of dead bodies; amending Rules 4, 7, 8, 38, 40, 65, 72,                              
and 77, Alaska Rules of Civil Procedure; and providing for an                                       
effective date" was engrossed, signed by the President and Secretary                                
and returned to the House for consideration.                                                        
                                                                                                    
HB 119                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN) "An Act                                                
extending the termination date of the Alaska regional economic                                      
assistance program; and providing for an effective date" was                                        
engrossed, signed by the President and Secretary and returned to the                                
House for consideration.                                                                            
                                                                                                    
HB 286                                                                                            
SENATE CS FOR HOUSE BILL NO. 286(RES) "An Act amending                                              
the manner of determining the royalty received by the state on gas                                  
production by directing the commissioner of natural resources to                                    
accept, under certain circumstances, the transfer price of the gas if                               
established by transfer price order of the Regulatory Commission of                                 
Alaska; extending and amending the requirements applicable to the                                   
credit that may be claimed for certain oil and gas exploration expenses                             
incurred in Cook Inlet against oil and gas properties production                                    
(severance) taxes, and amending the credit against those taxes for                                  
certain exploration expenditures from leases or properties in the state;                            
and providing for an effective date" was engrossed, signed by the                                   
President and Secretary and returned to the House for consideration.                                
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 9:30 a.m., May 09, 2005. Without                                  
objection, the Senate adjourned at 9:54 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2005                        

2005-05-08                     Senate Journal                      Page 1487
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                                                                                                    
                         COMMUNITY & REGIONAL AFFAIRS                                            
                                                                                                    
May 09        Monday                                Beltz 211         1:30 PM                     
              -- Meeting Canceled --                                                                
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 08        Sunday                    Senate Finance 532                                        
               -- Recessed to a Call of the Chair --                                                
     HB  26 SHORT-TERM COM FISHING CREWMEMBER LICENSE                                               
+ HB  94 ELECTIONS/VOTERS/POLTICAL PARTIES                                                          
+             Bills Previously Heard/Scheduled                                                      
+= HB  53 CHILDREN IN NEED OF AID/ADOPTION/GUARDIAN                                                 
+= HB  98 NONUNION PUBLIC EMPLOYEE SALARY & BENEFIT                                                 
+= HB 279 OUTDOOR ADVERTISING; ENCROACHMENTS                                                        
+= HB 130 UNIVERSITY LAND GRANT/STATE FOREST                                                        
                                                                                                    
May 09        Monday                    Senate Finance 532                                        
+ HB 161 REEMPLOYMENT OF RETIREES                                                                   
+ HB  88 CRIM LAW:MINORS, SCHOOLS, DRUGS,SENTENCES                                                  
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-08                     Senate Journal                      Page 1488
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
                                                                                                    
May 08        Sunday                           Location Tba                                       
               -- Recessed to a Call of the Chair --                                                
              Time and Location TBA                                                                 
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
May 09        Monday                           Location Tba                                       
               -- Recessed to a Call of the Chair --                                                
              Time and Location TBA                                                                 
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
May 10        Tuesday                          Location Tba                                       
               -- Recessed to a Call of the Chair --                                                
              Time and Location TBA                                                                 
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                  JUDICIARY                                                      
                                                                                                    
                                                                                                    
May 08        Sunday                          Butrovich 205          12:00 PM                     
              -- Meeting Canceled --                                                                
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    
May 09        Monday                          Butrovich 205           8:30 AM                     
+             Bills Previously Heard/Scheduled                                                      
= SB 165 CARD ROOMS & OPERATIONS                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                    RULES                                                        
                                                                                                    
                                                                                                    
May 08        Sunday                             Capitol 124          5:00 PM                     
              Administrative Policy                                                                 
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2005-05-08                     Senate Journal                      Page 1489
                               JOINT COMMITTEES                                                  
                                                                                                    
                    CONFERENCE COMMITTEE ON HB 66 & HB 67                                        
                                                                                                    
May 08        Sunday                    Senate Finance 532            3:30 PM                     
              -- Postponed to a Call of the Chair --                                                
= HB  66 APPROP: MENTAL HEALTH BUDGET                                                               
= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF                                                   
              Departments -                                                                         
              Administration                                                                        
              Commerce & Economic Development                                                       
              Education                                                                             
              Labor                                                                                 
              Law                                                                                   
              Natural Resources                                                                     
              Revenue                                                                               
              DOT & PF                                                                              
              Court Systems                                                                         
                                                                                                    
May 09        Monday                    Senate Finance 532            3:30 PM                     
              -- Postponed to a Call of the Chair --                                                
= HB  66 APPROP: MENTAL HEALTH BUDGET                                                               
= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF                                                   
              Departments -                                                                         
              Administration                                                                        
              Commerce & Economic Development                                                       
              Education                                                                             
              Labor                                                                                 
              Law                                                                                   
              Natural Resources                                                                     
              Revenue                                                                               
              DOT & PF                                                                              
              Court Systems                                                                         
                   ----------------------------------------                                        
                                                                                                    
                        CONFERENCE COMMITTEE ON SB 141                                           
                                                                                                    
May 08        Sunday                    Senate Finance 532            1:45 PM                     
= SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT/BOARDS                                                  
                                                                                                    
May 09        Monday                    Senate Finance 532            8:00 AM                     
= SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT/BOARDS