Legislature(2005 - 2006)

2005-05-09 Senate Journal

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2005-05-09                     Senate Journal                      Page 1491
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                     Monday                        May 9, 2005                      
                                                                                                    
                          One Hundred Twentieth Day                                              
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 6:40 p.m.                                                                                
                                                                                                    
The roll showed nineteen members present. Senator Bunde was                                         
excused from a call of the Senate.                                                                  
                                                                                                    
The prayer was offered by the Chaplain, Katie Weimer of the Bethany                                 
Baptist Church. Senator Hoffman moved and asked unanimous                                           
consent that the prayer be spread. Without objection, it was so ordered.                            
                                                                                                    
          Dear Holy God,                                                                            
                                                                                                    
            I thank You that You are faithful and I pray that You                                  
                will help the legislators tonight as they make                                     
          decisions to use wisdom and sound judgment.                                               
                                                                                                    
     I pray in Jesus' name.                                        Amen.                           
                                                                                                    
Senator Therriault led the Senate in the Pledge of Allegiance.                                      
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the one hundred nineteenth legislative day be approved as                               
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1492
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 73                                                                                             
Senator Wilken requested that the reconsideration on CS FOR                                         
SENATE BILL NO. 73(FIN) am be taken up. The bill was before the                                     
Senate on reconsideration.                                                                          
                                                                                                    
The question to be reconsidered: "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:                                                                                   
                                                                                                    
CSSB 73(FIN) am                                                                                     
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, CS FOR SENATE BILL NO. 73(FIN) am 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.                                                          
                                                                                                    
President Stevens stated that under Rule 43(b) of the Uniform Rules                                 
engrossment may be waived on all bills transmitted to the House on                                  
this legislative day.                                                                               
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1493
                          Messages from the Governor                                             
                                                                                                    
                            Executive Proclamation                                                 
                                                                                                    
Under the authority of art. II, sec. 9, and art. III, sec. 17, of the Alaska                        
Constitution, and in the public interest, I call the Twenty-Fourth                                  
Legislature of the State of Alaska into its first special session at                                
Juneau, Alaska in the legislative chambers on May 11, 2005, at 10:00                                
a.m. to consider the passage of bills on subjects germane to the titles                             
of the following bills while those bills were under consideration by the                            
Senate and House of Representatives during the first regular session:                               
                                                                                                    
     1. Senate Bill 46 - capital appropriations and appropriations to                               
          capitalize funds;                                                                         
     2. Senate Bill 130 - workers' compensation;                                                    
     3. Senate Bill 141 - teachers' and public employees' retirement                                
          systems;                                                                                  
     4. House Bill 1 - base student allocation used in the formula for                              
          state funding of public education;                                                        
     5. House Bill 66 - appropriations for operating and capital                                    
          expenses of the state's integrated comprehensive mental                                   
          health program;                                                                           
     6. House Bill 67 - appropriations for the operating and loan                                   
          program expenses of state government; and                                                 
     7. Senate Bill 97 - supplemental, capital, and other                                           
          appropriations, and reappropriations.                                                     
                                                                                                    
             th                                                                                     
Dated this 9 day of May, 2005.                                                                      
/s/                                                                                                 
Frank H. Murkowski, Governor                                                                        
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 141                                                                                            
Message dated May 8 was read, stating the Speaker granted limited                                   
powers of free conference to the House conferees considering 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                                    

2005-05-09                     Senate Journal                      Page 1494
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 CS FOR SENATE BILL                                   
NO. 141(FIN) on the requested specific points.                                                      
                                                                                                    
HB 15                                                                                             
Message dated May 8 was read, stating the House concurred in the                                    
Senate amendment to CS FOR HOUSE BILL NO. 15(L&C) am "An                                            
Act relating to outdoor recreation lodge alcoholic beverage licenses;                               
relating to transfer of certain beverage dispensary licenses issued                                 
before June 6, 1985; and providing for an effective date," thus                                     
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          15(FIN) "An Act relating to brewpub licenses;                                             
          relating to outdoor recreation lodge alcoholic                                            
          beverage licenses; relating to transfer of certain                                        
          beverage dispensary licenses issued before June 6,                                        
          1985; and providing for an effective date."                                               
          (Title change authorized by SCR 12)                                                       
                                                                                                    
HB 61                                                                                             
Message dated May 8 was read, stating the House concurred in the                                    
Senate amendment to CS FOR HOUSE BILL NO. 61(FIN), thus                                             
adopting:                                                                                           
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1495
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          61(L&C) "An Act relating to Calcutta pools and                                            
          crane classics as authorized forms of charitable                                          
          gaming."                                                                                  
                                                                                                    
HB 75                                                                                             
Message dated May 8 was read, stating the House concurred in the                                    
Senate amendment to CS FOR HOUSE BILL NO. 75(FIN), thus                                             
adopting:                                                                                           
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          75(FIN) "An Act relating to the powers and duties of                                      
          the commissioner of fish and game, Board of                                               
          Fisheries, and Board of Game in promoting and                                             
           preserving fishing, hunting, and trapping in the state."                                
                                                                                                    
House Letter of Intent adopted May 8 (House Journal page 1814).                                     
                                                                                                    
HB 225                                                                                            
Message dated May 8 was read, stating the House concurred in the                                    
Senate amendment to HOUSE BILL NO. 225, thus adopting:                                              
                                                                                                    
          SENATE CS FOR HOUSE BILL NO. 225(HES)                                                     
          "An Act relating to medical examiners and medical                                         
          death examinations."                                                                      
                                                                                                    
HB 286                                                                                            
Message dated May 8 was read, stating the House concurred in the                                    
Senate amendment to HOUSE BILL NO. 286 "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; and providing for an effective date," thus adopting:                                        
                                                                                                    
          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                                   

2005-05-09                     Senate Journal                      Page 1496
          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."                                                                                    
          (Title change authorized by SCR 16)                                                       
                                                                                                    
SCR 12                                                                                            
Message dated May 8 was received, stating the House passed and                                      
returned:                                                                                           
                                                                                                    
          SENATE CONCURRENT RESOLUTION NO. 12                                                       
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 15, relating to alcoholic                                       
          beverages licenses.                                                                       
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
SCR 16                                                                                            
Message dated May 8 was received, stating the House passed and                                      
returned:                                                                                           
                                                                                                    
          SENATE CONCURRENT RESOLUTION NO. 16                                                       
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 286, 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.                                                                     
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        

2005-05-09                     Senate Journal                      Page 1497
SB 16                                                                                             
Message dated May 8 was read, stating the House passed and returned:                                
                                                                                                    
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                                       
16(TRA)"An Act relating to the powers and duties of the Department                                  
of Transportation and Public Facilities; repealing the requirement for a                            
long-range program for highway construction and maintenance; and                                    
repealing a requirement that public facilities comply with energy                                   
standards adopted by the Department of Transportation and Public                                    
Facilities; and providing for an effective date."                                                   
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 133                                                                                            
Message dated May 8 was received, stating the House passed and                                      
returned:                                                                                           
                                                                                                    
                 SENATE BILL NO. 133 "An Act establishing the                                      
                Aviation Advisory Board; and providing for an                                      
          effective date."                                                                          
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 142                                                                                            
Message dated May 8 was received, stating the House passed and                                      
returned:                                                                                           
                                                                                                    
                   CS FOR SENATE BILL NO. 142(L&C) "An Act                                         
               relating to ownership of land by regional school                                    
          boards; and providing for an effective date."                                             
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 150                                                                                            
Message dated May 8 was received, stating the House passed and                                      
returned:                                                                                           
                                                                                                    
                   CS FOR SENATE BILL NO. 150(HES) "An Act                                         
          relating to the Alaska children's trust grant awards."                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1498
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
Messages dated May 8 were read, stating the House passed and                                        
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HCR 19                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 19 BY THE HOUSE                                                     
LABOR AND COMMERCE COMMITTEE,                                                                       
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning Senate Bill No. 130, relating to workers                                       
          compensation.                                                                             
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
HCR 21                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 21 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. 125, relating to                                               
          centralized licensing and regulation by the                                               
          Department of Health and Social Services of certain                                       
          facilities and programs.                                                                  
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 107                                                                                            
CS FOR HOUSE BILL NO. 107(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1499
          "An Act relating to unlawful obstruction or hindrance                                     
          of hunting, fishing, trapping, or viewing of fish or                                      
          game; and amending Rule 82, Alaska Rules of Civil                                         
          Procedure, and Rule 508, Alaska Rules of Appellate                                        
          Procedure."                                                                               
                                                                                                    
was read the first time and referred to the Resources and Judiciary                                 
Committees.                                                                                         
                                                                                                    
                                                                                                    
                               Concur Messages                                                   
                                                                                                    
SB 124                                                                                            
Message dated May 8 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 124(L&C) "An Act                                           
relating to requirements to obtain and maintain a fisheries business                                
license; relating to security required of fish processors and primary                               
fish buyers; and providing for an effective date" with the following                                
amendments:                                                                                         
                                                                                                    
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
          124(FIN) am H                                                                             
                                                                                                    
President Stevens stated the message will be held on the Secretary's                                
desk.                                                                                               
                                                                                                    
SB 125                                                                                            
Message dated May 8 was read, stating the House passed CS FOR                                       
SENATE BILL NO. 125(JUD) "An Act relating to the licensing,                                         
regulation, enforcement, and appeal rights of ambulatory surgical                                   
centers, assisted living homes, child care facilities, child placement                              
agencies, foster homes, free-standing birth centers, home health                                    
agencies, hospices or agencies providing hospice services or operating                              
hospice programs, hospitals, intermediate care facilities for the                                   
mentally retarded, maternity homes, nursing facilities, residential child                           
care facilities, residential psychiatric treatment centers, runaway                                 
shelters, and rural health clinics; relating to possession of a firearm at                          
licensed entities and facilities; relating to criminal history                                      
requirements, and a registry, regarding certain licenses, certifications,                           
approvals, and authorizations by the Department of Health and Social                                
Services; making conforming amendments; and providing for an                                        
effective date" with the following amendments:                                                      

2005-05-09                     Senate Journal                      Page 1500
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
          125(FIN) am H                                                                             
                                                                                                    
and so, HOUSE CS FOR CS FOR SENATE BILL NO. 125(FIN) am                                             
H "An Act relating to the licensing, regulation, enforcement, and                                   
appeal rights of ambulatory surgical centers, assisted living homes,                                
child care facilities, child placement agencies, foster homes, free-                                
standing birth centers, home health agencies, hospices or agencies                                  
providing hospice services or operating hospice programs, hospitals,                                
intermediate care facilities for the mentally retarded, maternity homes,                            
nursing facilities, residential child care facilities, residential                                  
psychiatric treatment centers, runaway shelters, and rural health                                   
clinics; relating to possession of a firearm at licensed entities and                               
facilities; relating to criminal history requirements, and a registry,                              
regarding certain licenses, certifications, approvals, and authorizations                           
by the Department of Health and Social Services; relating to public                                 
assistance for health facilities and assisted living homes, to rates                                
charged by an assisted living home, and to the liability of recipients of                           
home or community-based services to pay for those services; making                                  
conforming amendments; and providing for an effective date" (Title                                  
change authorized by HCR 21) is returned for consideration.                                         
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendment and recommended the body vote no.                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS CSSB 125(FIN) am H                                                                              
Shall the Senate Concur in the House Amendments                                                     
to CSSB 125(JUD)?                                                                                   
                                                                                                    
YEAS:  8   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Nays:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, the Senate failed to concur.                                                                
                                                                                                    

2005-05-09                     Senate Journal                      Page 1501
The Secretary was requested to notify the House of the Senate's action                              
and request the House to recede from its amendments. In the event the                               
House fails to recede, the President appointed a Conference                                         
Committee to meet with a like committee from the House to consider                                  
the bills:                                                                                          
                                                                                                    
     Senator Dyson, Chair                                                                           
     Senator Huggins                                                                                
     Senator Davis                                                                                  
                                                                                                    
SB 130                                                                                            
Message dated May 8 was read, stating the House passed CS FOR                                       
SENATE BILL NO. 130(FIN) am "An Act relating to a special                                           
deposit for workers' compensation and employers' liability insurers;                                
relating to assigned risk pools; relating to workers' compensation                                  
insurers; stating the intent of the legislature, and setting out                                    
limitations, concerning the interpretation, construction, and                                       
implementation of workers' compensation laws; relating to the Alaska                                
Workers' Compensation Board; assigning certain Alaska Workers'                                      
Compensation Board functions to the division of workers'                                            
compensation in the Department of Labor and Workforce                                               
Development and to that department, and authorizing the board to                                    
delegate administrative and enforcement duties to the division;                                     
providing for workers' compensation hearing officers in workers'                                    
compensation proceedings; establishing a Workers' Compensation                                      
Appeals Commission; relating to workers' compensation medical                                       
benefits and to charges for and payment of fees for the medical                                     
benefits; relating to agreements that discharge workers' compensation                               
liability; relating to workers' compensation awards; relating to                                    
reemployment benefits and job dislocation benefits; relating to                                     
coordination of workers' compensation and certain disability benefits;                              
relating to division of workers' compensation records; relating to                                  
release of treatment records; relating to an employer's failure to insure                           
and keep insured or provide security; providing for appeals from                                    
compensation orders; relating to workers' compensation proceedings;                                 
providing for supreme court jurisdiction of appeals from the Workers'                               
Compensation Appeals Commission; providing for a maximum                                            
amount for the cost-of-living adjustment for workers' compensation                                  
benefits; relating to attorney fees with respect to workers'                                        
compensation; providing for the department to enter into contracts                                  

2005-05-09                     Senate Journal                      Page 1502
with nonprofit organizations to provide information services and legal                              
representation to injured employees; providing for administrative                                   
penalties for employers uninsured or without adequate security for                                  
workers' compensation; relating to fraudulent acts or false or                                      
misleading statements in workers' compensation and penalties for the                                
acts or statements; providing for members of a limited liability                                    
company to be included as an employee for purposes of workers'                                      
compensation; establishing a workers' compensation benefits guaranty                                
fund; making conforming amendments; providing for a study and                                       
report by the medical services review committee; establishing the Task                              
Force on Workers' Compensation; and providing for an effective date"                                
with the following amendments:                                                                      
                                                                                                    
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
          130(JUD) am H                                                                             
                                                                                                    
and so, HOUSE CS FOR CS FOR SENATE BILL NO. 130(JUD) am                                             
H "An Act relating to workers' compensation and to assigned risk                                    
pools; relating to the Alaska Insurance Guaranty Association;                                       
establishing the Task Force on Workers' Compensation; amending                                      
Rule 45, Alaska Rules of Civil Procedure; and providing for an                                      
effective date" (Title change authorized by HCR 19) is returned for                                 
consideration.                                                                                      
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendments and recommended the body vote no.                                                        
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS CSSB 130(JUD) am H                                                                              
Shall the Senate Concur in the House amendments                                                     
to CSSB 130(FIN) am?                                                                                
                                                                                                    
YEAS:  8   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Nays:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, the Senate failed to concur.                                                                

2005-05-09                     Senate Journal                      Page 1503
The Secretary was requested to notify the House of the Senate's action                              
and request the House to recede from its amendments. In the event the                               
House fails to recede, the President appointed a Conference                                         
Committee to meet with a like committee from the House to consider                                  
the bills:                                                                                          
                                                                                                    
     Senator Ben Stevens, Chair                                                                     
     Senator Seekins                                                                                
     Senator Guess                                                                                  
                                                                                                    
SB 139                                                                                            
Message dated May 8 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 139(L&C) "An Act                                           
relating to termination and oversight of boards, commissions, and                                   
agency programs; extending the termination date of the Board of                                     
Marital and Family Therapy; and providing for an effective date" with                               
the following amendment:                                                                            
                                                                                                    
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
          139(FIN)                                                                                  
                                                                                                    
President Stevens stated the message will be held on the Secretary's                                
desk.                                                                                               
                                                                                                    
SB 154                                                                                            
Message dated May 8 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 154(JUD) "An Act                                           
relating to the jurisdiction for proceedings relating to delinquent                                 
minors and to telephonic and televised participation in those                                       
proceedings; amending Rules 2, 3, 4, 8, 12, 13, 14, 15, 16, 21, 22, 23,                             
24.1, and 25, Alaska Delinquency Rules; and providing for an                                        
effective date" with the following amendment:                                                       
                                                                                                    
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
          154(JUD)                                                                                  
                                                                                                    
President Stevens stated the message will be held on the Secretary's                                
desk.                                                                                               
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1504
SB 36                                                                                             
Message dated May 7 was read, stating the House passed 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                                                                              
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendments and recommended the body vote no.                                                        
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS CSSB 36(JUD) am H                                                                               
Shall the Senate Concur in the House amendments                                                     
to CSSB 36(JUD)?                                                                                    
                                                                                                    
YEAS:  7   NAYS:  11   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh                                         
                                                                                                    
Nays:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
Absent:  Olson                                                                                      
                                                                                                    
and so, the Senate failed to concur.                                                                
                                                                                                    
The Secretary was requested to notify the House of the Senate's action                              
and request the House to recede from its amendments. In the event the                               
House fails to recede, the President appointed a Conference                                         
Committee to meet with a like committee from the House to consider                                  
the bills:                                                                                          
                                                                                                    
     Senator Therriault, Chair                                                                      
     Senator Huggins                                                                                
     Senator Kookesh                                                                                
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1505
SCR 14                                                                                            
Message dated May 8 was read, stating the House passed and returned                                 
for consideration SENATE CONCURRENT RESOLUTION NO. 14                                               
Relating to the Advisory Commission on Local Government, with the                                   
following amendment:                                                                                
                                                                                                    
                     SENATE CONCURRENT RESOLUTION NO. 14                                           
          am H                                                                                      
                                                                                                    
President Stevens stated the message will be held on the Secretary's                                
desk.                                                                                               
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated May 8 stating the House and Senate Rules Committees                                    
met and considered amendments to the 1988 Employment Policy for                                     
Senate/House Legislative employees effective July 1, 2005 and                                       
recommend the amended policy be adopted.                                                            
                                                                                                    
Signing do pass: Senator Cowdery, Chair; Senators Ben Stevens,                                      
Kookesh, Gary Stevens, Ellis; Representative Rokeberg, Chair,                                       
Representative Coghill. Signing no recommendation: Representatives                                  
Harris, McGuire, Kerttula.                                                                          
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate adopt the amended Employment Policy recommended in the                                       
report. Without objection, it was so ordered.                                                       
                                                                                                    
The Employment Policy for Senate/House Legislative Employees                                        
Effective Date: July 1, 2005, amending the 1988 Employment Policy                                   
(Senate/House Joint Journal Supplement No. 17 3/22/88) will be                                      
published in House and Senate Joint Journal Supplement No. 8.                                       
                                                                                                    
HB 53                                                                                             
The Finance Committee considered CS FOR SPONSOR                                                     
SUBSTITUTE FOR HOUSE BILL NO. 53(FIN) "An Act relating to                                           
child-in-need-of-aid proceedings; amending the construction of                                      
statutes pertaining to children in need of aid; relating to guardianships;                          
relating to the confidentiality of investigations, court hearings, court                            

2005-05-09                     Senate Journal                      Page 1506
records, and public agency records and information in child-in-need-                                
of-aid matters and certain child protection matters, to immunity                                    
regarding disclosure of information in child-in-need-of-aid matters and                             
certain child protection matters, to proceedings regarding voluntary                                
relinquishment and termination of a parent and child relationship, to                               
eligibility for permanent fund dividends for certain children in the                                
custody of the state, and to juvenile delinquency proceedings and                                   
placements; reestablishing and relating to a state citizens' review                                 
panel; amending the obligation of a public agency to disclose agency                                
information pertaining to a child in need of aid; relating to disclosure                            
of confidential or privileged information about children and families                               
involved with children's services within the Department of Health and                               
Social Services to officials for review or use in official capacities;                              
relating to reports of harm and to adoptions and foster care; relating to                           
consent for the medication of children in state custody; prescribing the                            
rights of family members related to child-in- need-of-aid cases and                                 
establishing a familial priority for adoption; modifying adoption and                               
placement procedures in certain child-in-need-of-aid cases; amending                                
Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2, 18, and 22,                                   
Alaska Child in Need of Aid Rules of Procedure, and Rules 14 and 15,                                
Alaska Rules of Probate Procedure; and providing for an effective                                   
date" and recommended it be replaced with                                                           
                                                                                                    
                    SENATE CS FOR CS FOR SS FOR HOUSE BILL                                         
          NO. 53(FIN)                                                                               
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs; Senators                                         
Hoffman, Olson, Dyson, Stedman.                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 12, Department of Administration                                                   
 Fiscal Note No. 13, Department of Administration                                                   
 Fiscal Note No. 14, Alaska Court System                                                            
 Fiscal Note No. 15, Department of Health and Social Services                                       
 Fiscal Note No. 16, Department of Health and Social Services                                       
 Fiscal Note No. 17, Department of Law                                                              
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1507
HB 88                                                                                             
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
88(RLS) "An Act relating to certain weapons offenses involving                                      
minors; relating to the definition of 'recreation or youth center' for                              
purposes of misconduct involving a controlled substance; to                                         
aggravating factors in sentencing for certain offenses committed on                                 
school grounds, on a school bus, at a school-sponsored event, or in                                 
administrative offices of a school district; to mitigating factors in                               
sentencing for a defendant's assistance to authorities to detect,                                   
apprehend, or prosecute other persons who committed an offense; and                                 
providing for an effective date" and recommended the adoption of the                                
Judiciary Senate Committee Substitute offered on page 1126.                                         
                                                                                                    
Signing do pass: Senator Wilken; Cochair, Senators Hoffman, Dyson.                                  
Signing no recommendation: Senator Green, Cochair; Senators Olson,                                  
Stedman.                                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
          Fiscal Note No. 3, indeterminate, House Finance Committee                                
 Fiscal Note No. 4, indeterminate, House Finance Committee                                          
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 94                                                                                             
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
94(FIN) am "An Act relating to qualifications of voters, requirements                               
and procedures regarding independent candidates for President and                                   
Vice-President of the United States, voter registration, voter residence,                           
precinct boundary and polling place designation and modification,                                   
political parties, voters unaffiliated with a political party, early voting,                        
absentee voting, ballot design, ballot counting, voting by mail, voting                             
machines, vote tally systems, qualifications for elected office,                                    
initiative, referendum, recall, and definitions in the Alaska Election                              
Code; and relating to incorporation elections" and recommended the                                  
adoption of the State Affairs Senate Committee Substitute offered on                                
page 1403.                                                                                          
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs. Signing no                                       
recommendation: Senators Hoffman, Dyson, Stedman.                                                   
                                                                                                    

2005-05-09                     Senate Journal                      Page 1508
The following previously published fiscal information applies:                                      
 Fiscal Note No. 3, Office of the Governor                                                          
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 98                                                                                             
The Finance Committee considered 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" and recommended it be replaced with                                
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          98(FIN) "An Act relating to the compensation of                                           
          legislators, the governor, the lieutenant governor, and                                   
          certain public officials, officers, and employees not                                     
          covered by collective bargaining agreements; and                                          
          providing for an effective date."                                                         
          (Title change authorized by SCR 18)                                                       
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs; Senators Dyson,                                  
Stedman.                                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, Legislative Agency                                                              
 Fiscal Note No. 4, Alaska Court System                                                             
 Fiscal Note No. 5, Office of the Governor                                                          
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 130                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
130(FIN) am "An Act relating to the grant of certain state land to the                              
University of Alaska; relating to the duties of the Board of Regents;                               
establishing the university research forest; and providing for an                                   
effective date" and recommended it be replaced with                                                 
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          130(FIN)                                                                                  
                                                                                                    

2005-05-09                     Senate Journal                      Page 1509
and further recommended the adoption of a House Letter of Intent                                    
(House Journal page 1015).                                                                          
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs. Signing do not                                   
pass: Senator Stedman. Signing no recommendation: Senators                                          
Hoffman, Olson, Dyson.                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
                                                                                                    
 Fiscal Note No. 1, zero, Department of Fish and Game                                               
 Fiscal Note No. 2, Department of Law                                                               
 Fiscal Note No. 3, Department of Natural Resources                                                 
 Fiscal Note No. 4, University of Alaska                                                            
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
HB 161                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
161(STA) am "An Act relating to reemployment of and benefits for or                                 
on behalf of retired teachers and public employees and to teachers or                               
employees who participated in retirement incentive programs and are                                 
subsequently reemployed as a commissioner; repealing secs. 5, 7, and                                
9, ch. 58, SLA 2001; providing for an effective date by amending the                                
delayed effective date for secs. 3, 5, 9, and 12, ch. 57, SLA 2001, and                             
repealing sec. 13, ch. 58, SLA 2001, which is the delayed effective                                 
date for secs. 5, 7, and 9, ch. 58, SLA 2001; and providing for an                                  
effective date" and recommended it be replaced with                                                 
                                                                                                    
       SENATE CS FOR CS FOR HOUSE BILL NO.                                                          
       161(FIN) "An Act relating to reemployment of and                                             
       benefits for retired teachers and public employees and to                                    
       teachers or employees who participated in retirement                                         
       incentive programs and are subsequently reemployed as a                                      
       commissioner; repealing secs. 5, 7, and 9, ch. 58, SLA                                       
       2001; providing for an effective date by amending the                                        
       delayed effective date for secs. 3, 5, 9, and 12, ch. 57,                                    
       SLA 2001, and repealing sec. 13, ch. 58, SLA 2001,                                           
       which is the delayed effective date for secs. 5, 7, and 9,                                   
       ch. 58, SLA 2001; and providing for an effective date."                                      
       (Title change SCR forthcoming)                                                               

2005-05-09                     Senate Journal                      Page 1510
Signing do pass: Senators Wilken, Green, Cochairs; Senators Dyson,                                  
Stedman. Signing no recommendation: Senators Hoffman, Olson.                                        
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 279                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
279(FIN) "An Act relating to encroachments in the right-of-way of a                                 
highway" and recommended it be replaced with                                                        
                                                                                                    
                   SENATE CS FOR CS FOR HOUSE BILL NO. 279                                         
          (FIN)                                                                                     
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs; Senator Dyson.                                   
Signing no recommendation: Senators Hoffman, Olson, Stedman.                                        
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Transportation and Public                                         
       Facilities                                                                                   
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                          Special Committee Reports                                              
                                                                                                    
SB 141                                                                                            
Report dated May 9 was received stating,                                                            
                                                                                                    
Mr. President and Mr. Speaker:                                                                      
                                                                                                    
The Conference Committee considering CS FOR SENATE BILL NO.                                         
141(FIN) and HOUSE CS FOR CS FOR SENATE BILL NO.                                                    
141(FIN) am H met on May 9, 2005.                                                                   
                                                                                                    
The Conference Committee considered sections 35-50, sections 132-                                   
133, AS 14.25.315 in section 32, and AS 39.35.705 in section 120, and                               
did not come to agreement.                                                                        

2005-05-09                     Senate Journal                      Page 1511
The Conference Committee respectfully requests that a Free                                          
Conference Committee be appointed.                                                                  
                                                                                                    
The report was signed by: Senator Green, Chair, Senators Seekins,                                   
Olson; Representatives Seaton, Weyhrauch, Crawford.                                                 
                                                                                                    
President Stevens discharged the Conference Committee with limited                                  
powers of free conference on 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"                                                          
                                                                                                    
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;                               

2005-05-09                     Senate Journal                      Page 1512
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" with limited powers of free                              
conference.                                                                                         
                                                                                                    
President Stevens appointed the following members to a free                                         
conference committee to meet with a like committee from the House:                                  
                                                                                                    
 Senator Stedman, Chair                                                                             
 Senator Wilken                                                                                     
 Senator Elton                                                                                      
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SCR 18                                                                                            
SENATE CONCURRENT RESOLUTION NO. 18 BY THE                                                          
SENATE FINANCE COMMITTEE,                                                                           
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 98, relating to the                                             
          compensation of the governor, the lieutenant                                              
          governor, and certain public officials, officers, and                                     
          employees not covered by collective bargaining                                            
          agreements.                                                                               
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
SR 4                                                                                              
SENATE RESOLUTION NO. 4 BY SENATORS OLSON, Wilken,                                                  
Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Seekins, Stedman, Gary Stevens,                                          
Therriault, Wagoner, Ben Stevens,                                                                   

2005-05-09                     Senate Journal                      Page 1513
          Relating to the plans of the United States Postal                                         
          Service to discontinue air shipment of bypass mail                                        
          between Fairbanks, Alaska, and Barrow, Alaska.                                            
                                                                                                    
was read the first time and was before the Senate on final passage.                                 
                                                                                                    
The question being: "Shall SENATE RESOLUTION NO. 4 Relating                                         
to the plans of the United States Postal Service to discontinue air                                 
shipment of bypass mail between Fairbanks, Alaska, and Barrow,                                      
Alaska, pass the Senate?" The roll was taken with the following result:                             
                                                                                                    
SR 4                                                                                                
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, SENATE RESOLUTION NO. 4 passed the Senate and was                                           
referred to Secretary for engrossment and enrollment.                                               
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 198                                                                                            
SENATE BILL NO. 198 BY SENATOR WILKEN, entitled:                                                    
                                                                                                    
          "An Act relating to the natural gas revenue fund; and                                     
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 199                                                                                            
SENATE BILL NO. 199 BY SENATOR ELTON, entitled:                                                     
                                                                                                    
          "An Act relating to public school funding for a                                           
          prohibition on the sale of food and beverages of                                          
          minimal nutritional value in schools and for placing                                      
          restrictions on the use of vending machines in public                                     
          schools."                                                                                 

2005-05-09                     Senate Journal                      Page 1514
was read the first time and referred to the Health, Education and Social                            
Services and Finance Committees.                                                                    
                                                                                                    
                                                                                                    
                        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                                                                                             
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" was not in the possession of the Senate.                                     
                                                                                                    
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 26                                                                                             
CS FOR HOUSE BILL NO. 26(FIN) "An Act relating to short-term                                        
commercial fishing crewmember licenses; 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. 26(FIN) was read the third time.                                              
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 26(FIN) "An                                        
Act relating to short-term commercial fishing crewmember licenses;                                  
and providing for an effective date" pass the Senate?" The roll was                                 
taken with the following result:                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1515
CSHB 26(FIN)                                                                                        
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, French, Green, Guess, Hoffman,                                 
Huggins, Kookesh, Olson, Seekins, Stevens B, Stevens G, Therriault,                                 
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Elton, Stedman                                                                               
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, CS FOR HOUSE BILL NO. 26(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                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 53                                                                                             
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 53(FIN)                                                
"An Act relating to child-in-need-of-aid proceedings; amending the                                  
construction of statutes pertaining to children in need of aid; relating                            
to guardianships; relating to the confidentiality of investigations, court                          
hearings, court records, and public agency records and information in                               
child-in-need-of-aid matters and certain child protection matters, to                               
immunity regarding disclosure of information in child-in-need-of-aid                                
matters and certain child protection matters, to proceedings regarding                              
voluntary relinquishment and termination of a parent and child                                      
relationship, to eligibility for permanent fund dividends for certain                               
children in the custody of the state, and to juvenile delinquency                                   
proceedings and placements; reestablishing and relating to a state                                  
citizens' review panel; amending the obligation of a public agency to                               
disclose agency information pertaining to a child in need of aid;                                   
relating to disclosure of confidential or privileged information about                              
children and families involved with children's services within the                                  
Department of Health and Social Services to officials for review or use                             
in official capacities; relating to reports of harm and to adoptions and                            
foster care; relating to consent for the medication of children in state                            
custody; prescribing the rights of family members related to child-in-                              
need-of-aid cases and establishing a familial priority for adoption;                                

2005-05-09                     Senate Journal                      Page 1516
modifying adoption and placement procedures in certain child-in-                                    
need-of-aid cases; amending Rules 9 and 13, Alaska Adoption Rules,                                  
Rules 3, 17.2, 18, and 22, Alaska Child in Need of Aid Rules of                                     
Procedure, and Rules 14 and 15, Alaska Rules of Probate Procedure;                                  
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                                 
1506. Without objection, SENATE CS FOR CS FOR SPONSOR                                               
SUBSTITUTE FOR HOUSE BILL NO. 53(FIN) was adopted.                                                  
                                                                                                    
Senator French offered Amendment No. 1:                                                             
                                                                                                    
Page 2, line 7, following "Probate Procedure;":                                                   
     Insert "relating to the admissibility into evidence of the prior                             
recorded statement of a crime victim less than 16 years of age; and                               
amending Rule 801, Alaska Rules of Evidence."                                                     
                                                                                                    
Page 30, following line 27:                                                                         
     Insert a new bill section to read:                                                             
"* Sec. 59.  The uncodified law of the State of Alaska is amended by                              
adding a new section to read:                                                                       
          DIRECT COURT RULE AMENDMENT.  Rule 801(d),                                                
     Alaska Rules of Evidence, is amended by adding a new paragraph                                 
     to read:                                                                                       
            (3)  Recorded Statement by Child Victims of Crime.  The                                 
     statement is a recorded statement by the victim of a crime who is                              
     less than 16 years of age and                                                                  
                 (A)  the recording was made before the proceeding;                                 
                 (B)  the victim is available for cross-examination;                                
                 (C)  the prosecutor and any attorney representing the                              
          defendant were not present when the statement was taken;                                  
                 (D)  the recording is on videotape or other format that                            
          records both the visual and aural components of the statement;                            
                 (E)  each person who participated in the taking of the                             
          statement is identified on the recording;                                                 
                 (F)  the taking of the statement as a whole was                                    
          conducted in a manner that would avoid undue influence of                                 
          the victim;                                                                               
                                                                                                    

2005-05-09                     Senate Journal                      Page 1517
                 (G)  the defense has been provided a reasonable                                    
          opportunity to view the recording before the proceeding; and                              
                 (H)  the court has had an opportunity to view the                                  
          recording and determine that it is sufficiently reliable and                              
          trustworthy and that the interests of justice are best served by                          
          admitting the recording into evidence."                                                   
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 32, line 28:                                                                                   
     Delete "sec. 59(d)"                                                                            
     Insert "sec. 60(d)"                                                                            
                                                                                                    
Page 33, line 7:                                                                                    
     Delete "60"                                                                                    
     Insert "61"                                                                                    
                                                                                                    
Page 33, line 20:                                                                                   
     Delete "sec. 59(a)"                                                                            
     Insert "sec. 60(a)"                                                                            
                                                                                                    
Page 33, line 23:                                                                                   
     Delete: "sec. 64"                                                                              
     Insert "sec. 65"                                                                               
                                                                                                    
Page 33, line 26:                                                                                   
     Delete "sec. 65"                                                                               
     Insert "sec. 66"                                                                               
                                                                                                    
Senator French moved for the adoption of Amendment No. 1. Senator                                   
Gary Stevens objected.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1518
SCS CSSSHB 53(FIN)                                                                                  
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  10   NAYS:  9   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Kookesh,                                 
Olson, Wagoner                                                                                      
                                                                                                    
Nays:  Cowdery, Green, Huggins, Seekins, Stedman, Stevens B,                                        
Stevens G, Therriault, Wilken                                                                       
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, Amendment No. 1was 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 SPONSOR SUBSTITUTE FOR HB                                                      
53(FIN) am S "An Act relating to child-in-need-of-aid proceedings;                                  
amending the construction of statutes pertaining to children in need of                             
aid; relating to guardianships; relating to the confidentiality of                                  
investigations, court hearings, court records, and public agency                                    
records and information in child-in-need-of-aid matters and certain                                 
child protection matters, to immunity regarding disclosure of                                       
information in child-in-need-of-aid matters and certain child                                       
protection matters, to proceedings regarding voluntary relinquishment                               
and termination of a parent and child relationship, to eligibility for                              
permanent fund dividends for certain children in the custody of the                                 
state, and to juvenile delinquency proceedings and placements;                                      
reestablishing and relating to a state citizens' review panel; amending                             
the obligation of a public agency to disclose agency information                                    
pertaining to a child in need of aid; relating to disclosure of                                     
confidential or privileged information about children and families                                  
involved with children's services within the Department of Health and                               
Social Services to officials for review or use in official capacities;                              
relating to reports of harm and to adoptions and foster care; relating to                           
consent for the medication of children in state custody; prescribing the                            
rights of family members related to child-in- need-of-aid cases and                                 
establishing a familial priority for adoption; modifying adoption and                               

2005-05-09                     Senate Journal                      Page 1519
placement procedures in certain child-in-need-of-aid cases; amending                                
Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2, 18, and 22,                                   
Alaska Child in Need of Aid Rules of Procedure, and Rules 14 and 15,                                
Alaska Rules of Probate Procedure; relating to the admissibility into                               
evidence of the prior recorded statement of a crime victim less than 16                             
years of age; and amending Rule 801, Alaska Rules of Evidence; and                                  
providing for an effective date" (Title change authorized by SCR 17)                                
was read the third time.                                                                            
                                                                                                    
Senators Ellis, Elton, Kookesh, French, Davis, Dyson, Guess, Olson,                                 
Wilken, Therriault, Wagoner, Seekins moved and asked unanimous                                      
consent to be shown as cross sponsors on the bill. Without objection, it                            
was so ordered.                                                                                     
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR SPONSOR                                             
SUBSTITUTE FOR HB 53(FIN) am S "An Act relating to child-in-                                        
need-of-aid proceedings; amending the construction of statutes                                      
pertaining to children in need of aid; relating to guardianships; relating                          
to the confidentiality of investigations, court hearings, court records,                            
and public agency records and information in child-in-need-of-aid                                   
matters and certain child protection matters, to immunity regarding                                 
disclosure of information in child-in-need-of-aid matters and certain                               
child protection matters, to proceedings regarding voluntary                                        
relinquishment and termination of a parent and child relationship, to                               
eligibility for permanent fund dividends for certain children in the                                
custody of the state, and to juvenile delinquency proceedings and                                   
placements; reestablishing and relating to a state citizens' review                                 
panel; amending the obligation of a public agency to disclose agency                                
information pertaining to a child in need of aid; relating to disclosure                            
of confidential or privileged information about children and families                               
involved with children's services within the Department of Health and                               
Social Services to officials for review or use in official capacities;                              
relating to reports of harm and to adoptions and foster care; relating to                           
consent for the medication of children in state custody; prescribing the                            
rights of family members related to child-in- need-of-aid cases and                                 
establishing a familial priority for adoption; modifying adoption and                               
placement procedures in certain child-in-need-of-aid cases; amending                                
Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2, 18, and 22,                                   
Alaska Child in Need of Aid Rules of Procedure, and Rules 14 and 15,                                
Alaska Rules of Probate Procedure; relating to the admissibility into                               

2005-05-09                     Senate Journal                      Page 1520
evidence of the prior recorded statement of a crime victim less than 16                             
years of age; and amending Rule 801, Alaska Rules of Evidence; and                                  
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SCS CSSSHB 53(FIN) am S                                                                             
Third Reading - Final Passage                                                                       
Effective Dates           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 SPONSOR SUBSTITUTE FOR                                                 
HOUSE BILL NO. 53(FIN) am S 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 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 clauses. Without objection, it was so ordered.                                                 
                                                                                                    
In accordance with Uniform Rule 43, engrossment was waived on                                       
SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE                                                   
BILL NO. 53(FIN) am S and the bill was returned to the house for                                    
consideration with certified amendments.                                                            
                                                                                                    
SCR 17                                                                                            
Senator Gary Stevens moved and asked unanimous consent to take up                                   
SENATE CONCURRENT RESOLUTION NO. 17 at this time.                                                   
Without objection, SENATE CONCURRENT RESOLUTION NO. 17                                              
was before the Senate on final passage.                                                             
                                                                                                    
The question being: "Shall SENATE CONCURRENT RESOLUTION                                             
NO. 17 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning House Bill No. 53, relating                             

2005-05-09                     Senate Journal                      Page 1521
to children in need of aid and related matters, pass the Senate?" The                               
roll was taken with the following result:                                                           
                                                                                                    
SCR 17                                                                                              
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, SENATE CONCURRENT RESOLUTION NO. 17 passed the                                              
Senate and was referred to the Secretary for engrossment.                                           
                                                                                                    
HB 54                                                                                             
CS FOR HOUSE BILL NO. 54(FIN) "An Act relating to bail review;                                      
relating to petitions for review by crime victims where the defendant                               
has received a sentence below the sentencing range for the crime;                                   
relating to the qualifications of certain members of the Violent Crimes                             
Compensation Board; relating to the introduction of the victim and the                              
defendant or minor to the jury; amending Rule 27, Alaska Rules of                                   
Criminal Procedures, and Rule 21, Alaska Delinquency Rules; 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. 54(FIN) was read the third time.                                              
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 54(FIN) "An                                        
Act relating to bail review; relating to petitions for review by crime                              
victims where the defendant has received a sentence below the                                       
sentencing range for the crime; relating to the qualifications of certain                           
members of the Violent Crimes Compensation Board; relating to the                                   
introduction of the victim and the defendant or minor to the jury;                                  
amending Rule 27, Alaska Rules of Criminal Procedures, and Rule 21,                                 
Alaska Delinquency Rules; and providing for an effective date" pass                                 
the Senate?" The roll was taken with the following result:                                          

2005-05-09                     Senate Journal                      Page 1522
                                                                                                    
CSHB 54(FIN)                                                                                        
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, CS FOR HOUSE BILL NO. 54(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 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                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 94                                                                                             
CS FOR HOUSE BILL NO. 94(FIN) am "An Act relating to                                                
qualifications of voters, requirements and procedures regarding                                     
independent candidates for President and Vice-President of the United                               
States, voter registration, voter residence, precinct boundary and                                  
polling place designation and modification, political parties, voters                               
unaffiliated with a political party, early voting, absentee voting, ballot                          
design, ballot counting, voting by mail, voting machines, vote tally                                
systems, qualifications for elected office, initiative, referendum, recall,                         
and definitions in the Alaska Election Code; and relating to                                        
incorporation elections" was read the second time.                                                  
                                                                                                    
Senator Therriault, Chair, moved and asked unanimous consent for the                                
adoption of the State Affairs Senate Committee Substitute offered on                                
page 1403. Senator Ellis objected.                                                                  
                                                                                                    
The question being: "Shall the State Affairs Senate Committee                                       
Substitute be adopted?" The roll was taken with the following result:                               

2005-05-09                     Senate Journal                      Page 1523
                                                                                                    
CSHB 94(FIN) am                                                                                     
Second Reading                                                                                      
Adopt STA 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 State Affairs Senate Committee Substitute was adopted.                                  
                                                                                                    
Senator Elton offered Amendment No. 1:                                                              
                                                                                                    
Page 9, line 20, through page 11, line 14:                                                          
     Delete all material.                                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 35, line 2:                                                                                    
     Delete "secs. 34 - 57"                                                                         
     Insert "secs. 31 -54"                                                                          
                                                                                                    
Senator Elton moved for the adoption of Amendment No. 1.                                            
Objections were heard.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SCS CSHB 94(STA)                                                                                    
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Nays:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, Amendment No. 1 failed.                                                                     

2005-05-09                     Senate Journal                      Page 1524
President Stevens stated SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 94(STA) will be on the May 10 calendar.                                                         
                                                                                                    
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" 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                                 
1508. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 98(FIN) "An Act relating to the compensation of legislators, the                                
governor, the lieutenant governor, and certain public officials, officers,                          
and employees not covered by collective bargaining agreements; and                                  
providing for an effective date" (Title change authorized by SCR 18)                                
was adopted.                                                                                        
                                                                                                    
President Stevens stated SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 98(FIN) will be on the May 10 calendar.                                                         
                                                                                                    
HB 130                                                                                            
CS FOR HOUSE BILL NO. 130(FIN) am "An Act relating to the                                           
grant of certain state land to the University of Alaska; relating to the                            
duties of the Board of Regents; establishing the university research                                
forest; and providing for an effective date" 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                                 
1508. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 130(FIN) was adopted.                                                                           
                                                                                                    
President Stevens stated SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 130(FIN) will be on the May 10 calendar.                                                        
                                                                                                    
HB 279                                                                                            
CS FOR HOUSE BILL NO. 279(FIN) "An Act relating to                                                  
encroachments in the right-of-way of a highway" was read the second                                 
time.                                                                                               

2005-05-09                     Senate Journal                      Page 1525
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Senate Committee Substitute offered on page                                 
1510. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 279(FIN) was adopted.                                                                           
                                                                                                    
Senator French offered Amendment No. 1:                                                             
                                                                                                    
Page 3, lines 10 - 11:                                                                              
     Delete all material and insert:                                                                
"(g)  Except for damage, injury, or death resulting from gross                                      
negligence or reckless or intentional misconduct of the state or an                                 
agent or employee of the state, the state is not liable for damage to, or                           
damage, injury, or death resulting from the presence of an                                          
encroachment in the right-of-way of a state highway."                                               
                                                                                                    
Senator French moved for the adoption of Amendment No. 1. Senator                                   
Green objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SCS CSHB 279(FIN)                                                                                   
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  10   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Nays:  Cowdery, Dyson, Green, Huggins, Seekins, Stevens B, Stevens                                  
G, Therriault, Wagoner, Wilken                                                                      
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
Absent:  Stedman                                                                                    
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
President Stevens stated SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 279(FIN) will be on the May 10 calendar.                                                        
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1526
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 157                                                                                            
CS FOR SENATE BILL NO. 157(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall 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" pass                            
the Senate?" The roll was taken with the following result:                                          
                                                                                                    
CSSB 157(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 SENATE BILL NO. 157(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.                                                       
                                                                                                    
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 97                                                                                             
SENATE CS FOR CS FOR HOUSE BILL NO. 97(FIN) was read the                                            
third time.                                                                                         
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1527
The question being: "Shall SENATE CS FOR 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" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
SCS CSHB 97(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. 97(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.                                                       
                                                                                                    
HB 147                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 147(FIN) was read the                                           
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 147(FIN) "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                                

2005-05-09                     Senate Journal                      Page 1528
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" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
SCS CSHB 147(FIN)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
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                                                                                     
                                                                                                    
Olson changed from "Yea" to "Nay".                                                                  
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 147(FIN)                                                
passed the Senate.                                                                                  
                                                                                                    
Senator Gary Stevens moved for the adoption of the effective date                                   
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1529
SCS CSHB 147(FIN)                                                                                   
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  18   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, French, Green, Guess, Hoffman,                                 
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Elton                                                                                        
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, the effective date clauses were adopted.                                                    
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
HB 187                                                                                            
CS FOR HOUSE BILL NO. 187(FIN)(efd fld) was read the third time.                                    
                                                                                                    
The question being: "Shall 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"                                  
pass the Senate?" The roll was taken with the following result:                                     
                                                                                                    
CSHB 187(FIN)(efd fld)                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  14   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Hoffman, Huggins, Kookesh, Olson,                                     
Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                 
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess                                                           
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, CS FOR HOUSE BILL NO. 187(FIN)(efd fld) passed the                                          
Senate.                                                                                             
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    

2005-05-09                     Senate Journal                      Page 1530
HB 257                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 257(FIN) was read the                                           
third time.                                                                                         
                                                                                                    
Senator French moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 1.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator French offered Amendment No. 1:                                                             
                                                                                                    
Page 5, line 9:                                                                                     
 Delete "2009"                                                                                  
 Insert "2007"                                                                                  
                                                                                                    
Senator French moved for the adoption of Amendment No. 1. Senator                                   
Green objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 1 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
SCS CSHB 257(FIN)                                                                                   
Second Reading                                                                                      
Amendment No. 1                                                                                     
                                                                                                    
YEAS:  8   NAYS:  11   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Nays:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, Amendment No. 1 failed.                                                                     
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 257(FIN) was                                                    
automatically in third reading.                                                                     
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 257(FIN) "An Act relating to and extending the pilot program for                                
state procurement and electronic commerce tools; and providing for an                               
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             

2005-05-09                     Senate Journal                      Page 1531
                                                                                                    
SCS CSHB 257(FIN)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, French, Green, Huggins, Seekins, Stedman,                                    
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, Guess, Hoffman, Kookesh, Olson                                          
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 257(FIN)                                                
passed the Senate.                                                                                  
                                                                                                    
Senator Gary Stevens moved for the adoption of the effective date                                   
clause.                                                                                             
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
SCS CSHB 257(FIN)                                                                                   
Effective Date Clause                                                                               
                                                                                                    
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Guess, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Hoffman, Kookesh, Olson                                         
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
Ellis changed from "Yea" to "Nay".                                                                  
Olson changed from "Yea" to "Nay".                                                                  
Kookesh changed from "Yea" to "Nay".                                                                
                                                                                                    
and so, the effective date clause failed.                                                           
                                                                                                    
Senator Elton gave notice of reconsideration on SENATE CS FOR CS                                    
FOR HOUSE BILL NO. 257(FIN)(efd fld S) "An Act relating to and                                      
extending the pilot program for state procurement and electronic                                    
commerce tools."                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1532
Senator Gary Stevens called the Senate. The call was satisfied.                                     
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Richard DeLorenzo, Retiring Superintendent - Chugach                                     
School District                                                                                     
Senator(s) Bunde, Ben Stevens, Cowdery, Davis, Dyson, Ellis, Elton,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner                                                                   
Representative(s) Hawker                                                                            
                                                                                                    
Honoring - Bristol Bay 2A Girls Basketball Team, Bristol Bay                                        
Borough                                                                                             
Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Jim and Mary Lou King                                                                    
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
Representative(s) Kerttula, Weyhrauch                                                               
                                                                                                    
Honoring - Skagway Panthers Girls Basketball Team                                                   
Representative(s) Thomas                                                                            
Senator(s) Kookesh, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - 60 Years of Service in the Priesthood, Father Hugh Hall                                  
Representative(s) LeDoux                                                                            
Senator(s) Gary Stevens, Ben Stevens, Bunde, Cowdery, Davis,                                        
Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh,                                       
Olson, Seekins, Stedman, Therriault, Wagoner, Wilken                                                
                                                                                                    
In Memoriam - Elizabeth Ellen "Betty" Harris                                                        
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
Representative(s) Kerttula, Weyhrauch                                                               
                                                                                                    

2005-05-09                     Senate Journal                      Page 1533
In Memoriam - Harrison Crites                                                                       
Representative(s) Gruenberg                                                                         
Senator(s) Ellis, Guess, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                 
Elton, Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
In Memoriam - Pamela Handrich                                                                       
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Ben Stevens, Bunde, Cowdery, Davis,                                        
Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh,                                       
Olson, Seekins, Stedman, Therriault, Wagoner, Wilken                                                
                                                                                                    
In Memoriam - Frank 'Dutch' Behrends                                                                
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Dora Dushkin                                                                          
Representative(s) Moses                                                                             
Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Mark Hiratsuka                                                                        
Representative(s) Moses                                                                             
Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - The Very Reverend Peter Bourdukofsky                                                  
Representative(s) Moses                                                                             
Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, French, Green, Guess, Huggins, Kookesh, Olson, Seekins,                               
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Donald James Arndt                                                                    
Representative(s) LeDoux                                                                            
Senator(s) Gary Stevens, Ben Stevens, Bunde, Cowdery, Davis,                                        
Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh,                                       
Olson, Seekins, Stedman, Therriault, Wagoner, Wilken                                                
                                                                                                    

2005-05-09                     Senate Journal                      Page 1534
Honoring - Karl Schoeppe                                                                            
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
Representative(s) Kerttula, Weyhrauch                                                               
                                                                                                    
Honoring - Gordon Jackson                                                                           
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
Representative(s) Kerttula, Weyhrauch                                                               
                                                                                                    
Honoring - Lisa B. Nelson                                                                           
Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
                                                                              th                    
Honoring - St. Nicholas Russian Orthodox Church on its 110                                          
Anniversary                                                                                         
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
Representative(s) Kerttula, Weyhrauch                                                               
                                                                                                    
Honoring - Sarah Carlson                                                                            
Representative(s) Salmon                                                                            
Senator(s) Kookesh, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Hazel E. Smith                                                                           
Representative(s) Gara                                                                              
Senator(s) Ellis, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - John T. Kelsey                                                                           
Representative(s) Harris                                                                            
Senator(s) Therriault, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                   
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Stedman, Gary Stevens, Wagoner, Wilken                                                     
                                                                                                    

2005-05-09                     Senate Journal                      Page 1535
Honoring - The Coast Guard Helicopter Crew, Responding to the                                       
Selendang Ayu                                                                                       
Representative(s) Ledoux                                                                            
Senator(s) Gary Stevens, Ben Stevens, Bunde, Cowdery, Davis,                                        
Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins,                                        
Kookesh, Seekins, Stedman, Therriault, Wagoner, Wilken                                              
                                                                                                    
Honoring - Stephen E. Branchflower                                                                  
Representative(s) Samuels, Dahlstrom, Stoltze                                                       
Senator(s) Cowdery, Ben Stevens, Bunde, Davis, Dyson, Ellis, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Lieutenant General Carrol H. Chandler                                                    
Representative(s) Dahlstrom                                                                         
Senator(s) Dyson, Ben Stevens, Bunde, Cowdery, Davis, Ellis, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Jesse Ward Robinson                                                                   
Senator(s) Wagoner, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh,                                      
Olson, Seekins, Stedman, Gary Stevens, Therriault, Wilken                                           
Representative(s) Olson, Chenault                                                                   
                                                                                                    
In Memoriam - Fowler "Red" K. Starr                                                                 
Senator(s) Green, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
Representative(s) Stoltze                                                                           
                                                                                                    
In Memoriam - Paul Robert Emerson                                                                   
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
Representative(s) Kerttula, Weyhrauch                                                               
                                                                                                    
In Memoriam - Amos Wallace                                                                          
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
Representative(s) Kerttula, Weyhrauch                                                               

2005-05-09                     Senate Journal                      Page 1536
In Memoriam - Barbara "Bobbie" Evelyn Rice                                                          
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
Representative(s) Kerttula, Weyhrauch                                                               
                                                                                                    
In Memoriam - Jerry Harlan Harper                                                                   
Senator(s) Ellis, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
Representative(s) Gara                                                                              
                                                                                                    
In Memoriam - Twyla "Colleen" Bowers                                                                
Representative(s) Kelly                                                                             
Senator(s) Seekins, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Arthur "Art" S. Buswell                                                               
Representative(s) Kelly                                                                             
Senator(s) Seekins, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Lance Corporal Jeremiah Colt Kinchen                                                  
Representative(s) Harris                                                                            
Senator(s) Therriault, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                   
Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh,                                      
Olson, Seekins, Stedman, Gary Stevens, Wagoner, Wilken                                              
                                                                                                    
In Memoriam - Raymond Leonard Callaway, Sr.                                                         
Representative(s) Samuels                                                                           
Senator(s) Cowdery, Ben Stevens, Bunde, Davis, Dyson, Ellis, Elton,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
In Memoriam - Edgar J. "Bud" Best                                                                   
Representative(s) Stoltze, Kohring, Gatto, Neuman                                                   
Senator(s) Huggins, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    

2005-05-09                     Senate Journal                      Page 1537
In Memoriam - Douglas "Sy" Neeley, The Life and Memory of a                                         
Great Alaskan                                                                                       
Representative(s) Coghill                                                                           
Senator(s) Therriault, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                   
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Stedman, Gary Stevens, Wagoner, Wilken                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
following citations be made a special order of business. Without                                    
objection, it was so ordered.                                                                       
                                                                                                    
                                                                                                    
                          Special Order of Business                                              
                                                                                                    
Honoring - Sergeant-at-Arms, Senate Assistant Sergeant-at-Arms,                                     
Senate Pages                                                                                        
Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - Those who Toil on the House Floor                                                        
Representative(s) Rokeberg                                                                          
Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent to return                                    
to Standing Committee Reports. Without objection, the Senate                                        
returned to:                                                                                        
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1538
                          Standing Committee Reports                                             
                                                                                                    
HB 33                                                                                             
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
33(FIN) "An Act relating to required notification of the Department of                              
Commerce, Community, and Economic Development, economic                                             
effect statements, and regulatory flexibility analyses regarding the                                
adoption of regulations that may govern the conduct of small                                        
businesses; relating to a private cause of action, regulation                                       
invalidation, and judicial review related to required notification,                                 
economic effect statements, and regulatory flexibility analyses for the                             
adoption of regulations that may govern the conduct of small                                        
businesses; and providing for an effective date" and recommended it                                 
be replaced with                                                                                    
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          33(FIN)                                                                                   
                                                                                                    
Signing do pass: Senator Wilken, Cochair. Signing no                                                
recommendation: Senator Green, Cochair; Senators Dyson, Stedman,                                    
Olson.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 7, zero, Department of Environmental                                               
       Conservation                                                                                 
 Fiscal Note No. 9, zero, Department of Labor and Workforce                                         
       Development                                                                                  
 Fiscal Note No. 10, indeterminate, Department of Law                                               
 Fiscal Note No. 11, Department of Commerce, Community and                                          
       Economic Development                                                                         
 Fiscal Note No. 12, zero, Department of Health and Social                                          
       Services                                                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 46                                                                                             
The Finance Committee considered SENATE BILL NO. 46 "An Act                                         
making capital appropriations and appropriations to capitalize funds;                               
and providing for an effective date" and recommended it be replaced                                 
with                                                                                                

2005-05-09                     Senate Journal                      Page 1539
                    CS FOR SENATE BILL NO. 46(FIN) "An Act                                         
             making capital appropriations; and providing for an                                   
          effective date."                                                                          
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs. Signing no                                       
recommendation: Senators Dyson, Olson, Stedman. Signing amend:                                      
Senator Hoffman.                                                                                    
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                  Consideration of the Calendar (continued)                                      
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 46                                                                                             
SENATE BILL NO. 46 "An Act making capital appropriations and                                        
appropriations to capitalize funds; 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 1539.                                  
Without objection, CS FOR SENATE BILL NO. 46(FIN) "An Act                                           
making capital appropriations; and providing for an effective date"                                 
was adopted.                                                                                        
                                                                                                    
Senator Green offered Amendment No. 2:                                                              
                                                                                                    
Page 1 through Page 28:                                                                             
 Delete all material.                                                                               
 Insert Page 1 through Page 128 from CS FOR SENATE BILL                                             
NO. 46(FIN), workdraft 24-GS1074\L, dated 5/6/05.                                                   
                                                                                                    
Senator Green moved for the adoption of Amendment No. 2. Without                                    
objection, Amendment No. 2 was adopted.                                                             
                                                                                                    
The full text of CS FOR SENATE BILL NO. 46(FIN), workdraft 24-                                      
GS1074\L (numbers and language sections), dated 5/6/05, will be                                     
published in Senate Journal Supplement No. 3.                                                       
                                                                                                    

2005-05-09                     Senate Journal                      Page 1540
Senator Wilken offered Amendment No. 1:                                                             
                                                                                                    
Add to Section 1:                                                                                   
Department of Natural Resources                                                                     
       Appropriation  General   Other                                                               
       Items    Funds  Funds                                                                        
       700,000    700,000                                                                           
Chitina Personal                                                                                    
Use Dip Net Fishery                                                                                 
Access Area (HD99)                                                                                  
                                                                                                    
Insert conditional language:                                                                        
"This appropriation shall be made available at the time the Chitina                                 
Native Corporation, AHTNA Native Corporation and the State of                                       
Alaska enter into a concession area management agreement for the                                    
Chitina Personal Use Dip Net Fishery Area."                                                         
                                                                                                    
Insert intent language:                                                                             
"It is the intent of the Legislature that this appropriation provide for                            
the basic infrastructure to develop the Chitina Personal Use Dip Net                                
Fishery Area to begin the public - private concession program as                                    
outlined in the management agreement."                                                              
"It is the intent of the Legislature that future appropriations for the                             
Chitina Personal Use Dip Net Fishery Area be made available based                                   
on program receipts collected for this purpose."                                                    
                                                                                                    
Senator Wilken moved for the adoption of Amendment No. 1. Without                                   
objection, Amendment No. 1 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.                                                
                                                                                                    
CS FOR SENATE BILL NO. 46(FIN) am was read the third time.                                          
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 46(FIN) am                                        
"An Act making and amending appropriations, including capital                                       
appropriations, supplemental appropriations, reappropriations, and                                  
appropriations to capitalize funds; making appropriations under art.                                
IX, sec. 17(c), Constitution of the State of Alaska, from the                                       
constitutional budget reserve fund; and providing for an effective date"                            
pass the Senate?" The roll was taken with the following result:                                     

2005-05-09                     Senate Journal                      Page 1541
                                                                                                    
CSSB 46(FIN) am                                                                                     
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 SENATE BILL NO. 46(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 clauses. Without objection, it was so ordered.                                                 
                                                                                                    
Senator Gary Stevens moved for the adoption of the constitutional                                   
budget reserve fund sections.                                                                       
                                                                                                    
The question being: "Shall the constitutional budget reserve fund                                   
sections (Article IX, Section 17(c) Constitution of the State of Alaska)                            
be adopted?" The roll was taken with the following result:                                          
                                                                                                    
CSSB 46(FIN) am                                                                                     
Adopt Constitutional Budget Reserve                                                                 
Fund Section(s)?                                                                                    
                                                                                                    
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, the constitutional budget reserve fund sections were adopted,                               
and the bill was referred to the Secretary for engrossment.                                         
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1542
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 1514) was not in the possession of the Senate.                                       
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
HB 148                                                                                            
Senators Elton, Dyson moved and asked unanimous consent to be                                       
shown as cosponsors on CS FOR HOUSE BILL NO. 148(JUD) "An                                           
Act relating to human trafficking; and providing for an effective date."                            
Without objection, it was so ordered.                                                               
                                                                                                    
HCR 6                                                                                             
Senator Seekins, Chair, moved and asked unanimous consent that the                                  
Labor and Commerce Committee referral be waived on HOUSE                                            
CONCURRENT RESOLUTION NO. 6 Relating to the continuation                                            
of the Alaska Information Infrastructure Policy Task Force until the                                
first day of the First Regular Session of the Twenty-Fifth Alaska State                             
Legislature in January 2007. Without objection, the bill was referred to                            
the Rules Committee.                                                                                
                                                                                                    
Senator Seekins moved and asked unanimous consent to be excused                                     
from a call of the Senate from morning plane time, May 16 to evening                                
plane time, May 18. Without objection, Senator Seekins was excused.                                 
                                                                                                    
HB 106                                                                                            
The reconsideration on 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" was not taken up this legislative day and the bill was                              
referred to the Secretary for engrossment.                                                          
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1543
HB 169                                                                                            
The reconsideration on 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" was not taken up this legislative day and the bill was                              
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 215                                                                                            
The reconsideration on 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" was not taken up this legislative day                              
and the bill was signed by the President and Secretary and returned to                              
the House.                                                                                          
                                                                                                    
HB 293                                                                                            
The reconsideration on 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 not taken up this legislative day and the bill was signed                              
by the President and Secretary and returned to the House.                                           
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                               
in effect.                                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1544
                                 Engrossment                                                     
                                                                                                    
SB 46                                                                                             
CS FOR SENATE BILL NO. 46(FIN) am "An Act making and                                                
amending appropriations, including capital appropriations,                                          
supplemental appropriations, reappropriations, and appropriations to                                
capitalize funds; making appropriations under art. IX, sec. 17(c),                                  
Constitution of the State of Alaska, from the constitutional budget                                 
reserve fund; and providing for an effective date" was engrossed.                                   
                                                                                                    
SB 73                                                                                             
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" was                                  
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        
                                                                                                    
HB 106                                                                                            
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" was engrossed,                                
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    
SCR 17                                                                                            
SENATE CONCURRENT RESOLUTION NO. 17 Suspending Rules                                                
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                                      
Legislature, concerning House Bill No. 53, relating to children in need                             
of aid and related matters, was engrossed, signed by the President and                              
Secretary and transmitted to the House for consideration.                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1545
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 10:00 a.m., May 10, 2005. Without                                 
objection, the Senate adjourned at 10:48 p.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    July 2005                       

2005-05-09                     Senate Journal                      Page 1546
                                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 09        Monday                    Senate Finance 532                                        
+ HB 161 REEMPLOYMENT OF RETIREES                                                                   
+ HB  88 CRIM LAW:MINORS, SCHOOLS, DRUGS,SENTENCES                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 10        Tuesday                   Senate Finance 532                                        
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
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                                                      

2005-05-09                     Senate Journal                      Page 1547
                                  JUDICIARY                                                      
                                                                                                    
May 09        Monday                          Butrovich 205           8:30 AM                     
+             Bills Previously Heard/Scheduled                                                      
= SB 165 CARD ROOMS & OPERATIONS                                                                    
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                     FREE CONFERENCE COMMITTEE ON SB 141                                         
                                                                                                    
May 10        Tuesday                   Senate Finance 532            9:00 AM                     
= SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT/BOARDS                                                  
              Free Conference Committee Meeting                                                     
                   ----------------------------------------                                        
                                                                                                    
                    CONFERENCE COMMITTEE ON HB 66 & HB 67                                        
                                                                                                    
May 09        Monday                     House Finance 519            4:00 PM                     
              -- Location Change --                                                                 
              -- Time Change --                                                                     
= 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 10        Tuesday                          Location Tba                                       
= HB  66 APPROP: MENTAL HEALTH BUDGET                                                               
= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF                                                   
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-09                     Senate Journal                      Page 1548
                        CONFERENCE COMMITTEE ON SB 125                                           
                                                                                                    
May 10        Tuesday                         Butrovich 205           8:30 AM                     
     SB 125 LICENSING MEDICAL OR CARE FACILITIES                                                    
                   ----------------------------------------                                        
                                                                                                    
                        CONFERENCE COMMITTEE ON SB 130                                           
                                                                                                    
May 10        Tuesday                         Butrovich 205         11:00 AM                      
     SB 130 WORKERS' COMPENSATION/ INSURANCE                                                        
                   ----------------------------------------                                        
                                                                                                    
                        CONFERENCE COMMITTEE ON SB 141                                           
                                                                                                    
May 09        Monday                    Senate Finance 532            8:00 AM                     
= SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT/BOARDS                                                  
                   ----------------------------------------                                        
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
May 11        Wednesday                        Location Tba                                       
              Committee Business                                                                    
              Executive Session                                                                     
              Panel Discussion with Federal Officials                                               
              regarding Gas Pipeline Issues