Legislature(2005 - 2006)

2005-05-10 Senate Journal

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2005-05-10                     Senate Journal                      Page 1549
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                     Tuesday                     May 10, 2005                       
                                                                                                    
                         One Hundred Twenty-first Day                                            
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 6:21 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, Senator Green. Senator                                      
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
          Our Dear Heavenly Father,                                                                 
                                                                                                    
          We thank You for this beautiful day. We thank You                                         
          for the people in this room and the people in this                                        
          building. Those who work hard and long, and                                               
          deliberate diligently.                                                                    
                                                                                                    
               We ask You to give us strength. We ask for Your                                     
             guidance. Make us wise so that we do the right thing                                  
          at the right time.                                                                        
                                                                                                    
              We ask that You be with our families and that You                                    
          keep us all in the safe protection of Your hands.                                         
                                                                                                    
                                                              Amen.                                 
                                                                                                    
Senator Stedman led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    

2005-05-10                     Senate Journal                      Page 1550
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.                                                                               
                                                                                                    
                               Concur Messages                                                   
                                                                                                    
SB 101                                                                                            
Senator Gary Stevens moved and asked unanimous consent that the                                     
concur message on HOUSE CS FOR CS FOR SENATE BILL NO.                                               
101(JUD) "An Act making corrective amendments to the Alaska                                         
Statutes as recommended by the revisor of statutes; and providing for                               
an effective date"  which had been held on the Secretary's desk (page                               
1459) be taken up at this time. Without objection, it was so ordered.                               
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSB 101(JUD)                                                                                   
Shall the Senate Concur in the House amendment                                                      
to CSSB 101(JUD)?        Effective Date                                                             
                                                                                                    
YEAS:  18   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Guess, Hoffman,                                 
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Green                                                                                        
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 101(JUD).                                                       
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on concurrence be considered the vote on the effective date                                    
clause. Without objection, it was so ordered.                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    

2005-05-10                     Senate Journal                      Page 1551
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 104                                                                                            
Senator Gary Stevens moved and asked unanimous consent that the                                     
concur message on HOUSE CS FOR CS FOR SENATE BILL NO.                                               
104(JUD) "An Act relating to the crimes of unsworn falsification in                                 
the first degree involving an application for a permanent fund dividend                             
and false information or report involving eligibility for a permanent                               
fund dividend; requiring the establishment of a permanent fund                                      
dividend fraud investigation unit in the Department of Revenue;                                     
relating to service in the peace corps and as a member of the United                                
States Olympic Team as allowable absences from the state for                                        
purposes of eligibility for permanent fund dividends and to the period                              
for filing an application for a permanent fund dividend; authorizing the                            
Department of Revenue to issue administrative orders imposing                                       
sanctions for certain misrepresentations or other actions concerning                                
eligibility for a permanent fund dividend and providing for                                         
administrative appeal of those orders; and providing for an effective                               
date" which had been held on the Secretary's desk (page 1460) be                                    
taken up at this time. Without objection, it was so ordered.                                        
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSB 104(JUD)                                                                                   
Shall the Senate Concur in the House amendment                                                      
to CSSB 104(JUD)?                                                                                   
                                                                                                    
YEAS:  9   NAYS:  10   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Dyson, Ellis, Elton, French, Guess, Hoffman, Kookesh,                                 
Olson                                                                                               
                                                                                                    
Nays:  Cowdery, Green, Huggins, Seekins, Stedman, Stevens B,                                        
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, the Senate failed to concur.                                                                
                                                                                                    

2005-05-10                     Senate Journal                      Page 1552
The Secretary was requested to notify the House of the Senate's action                              
and request the House to recede from its amendment. 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 Seekins, Chair                                                                         
     Senator Therriault                                                                             
     Senator French                                                                                 
                                                                                                    
SB 124                                                                                            
Senator Gary Stevens moved and asked unanimous consent that the                                     
concur message on HOUSE CS FOR CS FOR SENATE BILL NO.                                               
124(FIN) am H "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" which had been held on the Secretary's desk (page 1499) be                                    
taken up at this time. Without objection, it was so ordered.                                        
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendments.                                                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS CSSB 124(FIN) am H                                                                              
Shall the Senate Concur in the House Amendments                                                     
to CSSB 124(L&C)?    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, the Senate concurred in the House amendments, thus adopting                                 
HOUSE CS FOR CS FOR SENATE BILL NO. 124(FIN) am H.                                                  
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-10                     Senate Journal                      Page 1553
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on concurrence be considered the vote on the effective date                                    
clause. Without objection, it was so ordered.                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 139                                                                                            
Senator Gary Stevens moved and asked unanimous consent that the                                     
concur message on HOUSE CS FOR CS FOR SENATE BILL NO.                                               
139(FIN) "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" which had been held on the Secretary's desk (page                                   
1503) be taken up at this time. Without objection, it was so ordered.                               
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSB 139(FIN)                                                                                   
Shall the Senate Concur in the House Amendment                                                      
to CSSB 139(L&C)?     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, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 139(FIN).                                                       
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on concurrence be considered the vote on the effective date                                    
clause. Without objection, it was so ordered.                                                       
                                                                                                    

2005-05-10                     Senate Journal                      Page 1554
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 140                                                                                            
Senator Gary Stevens moved and asked unanimous consent that the                                     
concur message on HOUSE CS FOR CS FOR SENATE BILL NO.                                               
140(RLS) "An Act relating to computers, computer communications,                                    
and the Internet" (Title change authorized by HCR 17) which had been                                
held on the Secretary's desk (page 1460) be taken up at this time.                                  
Without objection, it was so ordered.                                                               
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSB 140(RLS)                                                                                   
Shall the Senate Concur in the House                                                                
Amendment to CSSB 140(JUD)?                                                                         
                                                                                                    
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 Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 140(RLS).                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
HCR 17                                                                                            
Senator Gary Stevens moved and asked unanimous consent that                                         
HOUSE CONCURRENT RESOLUTION NO. 17 which had been                                                   
held on the Secretary's desk (page 1458) be taken up at this time.                                  
Without objection, the resolution was before the Senate on final                                    
passage.                                                                                            

2005-05-10                     Senate Journal                      Page 1555
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                              
NO. 17 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning Senate Bill No. 140,                                    
relating to computers and the Internet, pass the Senate?" The roll was                              
taken with the following result:                                                                    
                                                                                                    
HCR 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, HOUSE CONCURRENT RESOLUTION NO. 17 passed the                                               
Senate, was signed by the President and Secretary and returned to the                               
House.                                                                                              
                                                                                                    
SB 154                                                                                            
Senator Gary Stevens moved and asked unanimous consent that the                                     
concur message on HOUSE CS FOR 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" which had been held on the Secretary's desk (page                                   
1503) be taken up at this time. Without objection, it was so ordered.                               
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-10                     Senate Journal                      Page 1556
HCS CSSB 154(JUD)                                                                                   
Shall the Senate Concur in the House Amendment                                                      
to CSSB 154(JUD)?   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, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 154(JUD).                                                       
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on concurrence 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 concurrence be considered the vote on the effective date                                    
clause. Without objection, it was so ordered.                                                       
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SCR 14                                                                                            
Senator Gary Stevens moved and asked unanimous consent that the                                     
concur message on SENATE CONCURRENT RESOLUTION NO. 14                                               
am H Relating to the Advisory Commission on Local Government,                                       
which had been held on the Secretary's desk (page 1505) be taken up                                 
at this time. Without objection, it was so ordered.                                                 
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendment.                                                                                          
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-10                     Senate Journal                      Page 1557
SCR 14 am H                                                                                         
Shall the Senate Concur in the House Amendment                                                      
to SCR 14?                                                                                          
                                                                                                    
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 Senate concurred in the House amendment, thus adopting                                  
SENATE CONCURRENT RESOLUTION NO. 14 am H.                                                           
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The resolution was referred to the Secretary for enrollment.                                        
                                                                                                    
                                                                                                    
                       Reconsideration of Senate Bills                                           
                                                                                                    
SB 157                                                                                            
Senator Gary Stevens requested that the reconsideration on CS FOR                                   
SENATE BILL NO. 157(FIN) be taken up. The bill was before the                                       
Senate on reconsideration.                                                                          
                                                                                                    
The question to be reconsidered: "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 - On Reconsideration                                                                  
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                                                                                     

2005-05-10                     Senate Journal                      Page 1558
                                                                                                    
and so, CS FOR SENATE BILL NO. 157(FIN) 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 clauses. Without objection, it was so ordered and the bill was                                 
referred to the Secretary for engrossment.                                                          
                                                                                                    
                                                                                                    
                        Reconsideration of House Bills                                           
                                                                                                    
HB 97                                                                                             
Senator Gary Stevens requested that the reconsideration on SENATE                                   
CS FOR CS FOR HOUSE BILL NO. 97(FIN) be taken up. The bill                                          
was before the Senate on reconsideration.                                                           
                                                                                                    
The question to be reconsidered: "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 - On Reconsideration                                                                  
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 on reconsideration.                                                               
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-10                     Senate Journal                      Page 1559
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 and the bill was                                 
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 147                                                                                            
Senator Gary Stevens requested that the reconsideration on SENATE                                   
CS FOR CS FOR HOUSE BILL NO. 147(FIN) be taken up. The bill                                         
was before the Senate on reconsideration.                                                           
                                                                                                    
The question to be reconsidered: "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 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:                                                                                   
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-10                     Senate Journal                      Page 1560
SCS CSHB 147(FIN)                                                                                   
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  13   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Green, Hoffman, Huggins, Seekins,                                     
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Ellis, Elton, French, Guess, Kookesh, Olson                                                  
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 147(FIN)                                                
passed the Senate on reconsideration.                                                               
                                                                                                    
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:                                                           
                                                                                                    
SCS CSHB 147(FIN)                                                                                   
Effective Date Clauses                                                                              
                                                                                                    
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 effective date clauses were adopted and the bill was                                    
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 187                                                                                            
Senator Gary Stevens requested that the reconsideration on CS FOR                                   
HOUSE BILL NO. 187(FIN)(efd fld) be taken up. The bill was before                                   
the Senate on reconsideration.                                                                      
                                                                                                    
The question to be reconsidered: "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:                                                                                             

2005-05-10                     Senate Journal                      Page 1561
                                                                                                    
CSHB 187(FIN)(efd fld)                                                                              
Third Reading - On Reconsideration                                                                  
                                                                                                    
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Green, Hoffman, Huggins, Kookesh,                                     
Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner,                                 
Wilken                                                                                              
                                                                                                    
Nays:  Ellis, Elton, French, Guess                                                                  
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, CS FOR HOUSE BILL NO. 187(FIN)(efd fld) passed the                                          
Senate on reconsideration, was signed by the President and Secretary                                
and returned to the House.                                                                          
                                                                                                    
HB 257                                                                                            
Senator Gary Stevens requested that the 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" be taken up. The bill was before the Senate                              
on reconsideration.                                                                                 
                                                                                                    
The question to be reconsidered: "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:                                                                    
                                                                                                    
SCS CSHB 257(FIN)                                                                                   
Third Reading - On Reconsideration                                                                  
                                                                                                    
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, SENATE CS FOR CS FOR HOUSE BILL NO. 257(FIN)                                                
passed the Senate on reconsideration.                                                               

2005-05-10                     Senate Journal                      Page 1562
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:  13   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Green, Guess, Huggins, Seekins,                                       
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Ellis, Elton, French, Hoffman, Kookesh, Olson                                                
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
Olson changed from "Yea" to "Nay".                                                                  
                                                                                                    
and so, the effective date clause failed and 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" was referred to the Secretary for engrossment.                                      
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
Message dated May 9 was read, stating the House passed and                                          
transmitted for consideration:                                                                      
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HCR 22                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 22 BY                                                               
REPRESENTATIVE HARRIS,                                                                              
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning Senate Bill No. 158, prohibiting the                                           
          imposition of sales and use taxes on state                                                
          construction contracts and certain subcontracts.                                          

2005-05-10                     Senate Journal                      Page 1563
was read the first time held on the Secretary's desk.                                               
                                                                                                    
Message dated May 9 was read, stating the House passed and                                          
transmitted for consideration:                                                                      
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 37                                                                                             
CS FOR HOUSE BILL NO. 37(FIN) am BY THE HOUSE FINANCE                                               
COMMITTEE, entitled:                                                                                
                                                                                                    
                "An Act relating to voluntary land trades and                                      
                purchases to enhance public access to fishing                                      
          streams."                                                                                 
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
                                                                                                    
                               Concur Messages                                                   
                                                                                                    
SB 102                                                                                            
Message dated May 9 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 102(FIN) am "An Act                                        
repealing the Alaska coastal management program; relating to an                                     
extension for review and approval of revisions to the Alaska coastal                                
management program; relating to reviews and modifications by the                                    
Department of Natural Resources; relating to coastal resource district                              
policies; providing for an effective date by amending the effective date                            
of sec. 45, ch. 24, SLA 2003; and providing for an effective date" with                             
the following amendment:                                                                            
                                                                                                    
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
          102(RES)                                                                                  
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendment.                                                                                          
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-10                     Senate Journal                      Page 1564
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSB 102(RES)                                                                                   
Shall the Senate Concur in the House Amendment                                                      
to CSSB 102(FIN) am?    Effective Dates                                                             
                                                                                                    
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Elton, Green, Huggins, Kookesh,                                       
Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner,                                 
Wilken                                                                                              
                                                                                                    
Nays:  Ellis, French, Guess, Hoffman                                                                
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 102(RES) "An Act                                                
repealing the Alaska coastal management program; relating to an                                     
extension for review and approval of revisions to the Alaska coastal                                
management program; relating to reviews and modifications by the                                    
Department of Natural Resources; relating to coastal resource district                              
policies; providing for an effective date by amending the effective date                            
of sec. 45, ch. 24, SLA 2003; and providing for an effective date."                                 
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on concurrence be considered the vote on the effective date                                    
clauses. Without objection, it was so ordered.                                                      
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 110                                                                                            
Message dated May 9 was read, stating the House passed and returned                                 
for consideration CS FOR SENATE BILL NO. 110(FIN)(efd fld) "An                                      
Act relating to regulation of the discharge of pollutants under the                                 
National Pollutant Discharge Elimination System" with the following                                 
amendments:                                                                                         
                                                                                                    
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
          110(FIN) am H                                                                             

2005-05-10                     Senate Journal                      Page 1565
Senator Gary Stevens moved that the Senate concur in the House                                      
amendments.                                                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendments?" The roll was taken with the following result:                                          
                                                                                                    
HCS CSSB 110(FIN) am H                                                                              
Shall the Senate Concur in the House Amendments                                                     
to CSSB 110(FIN)(efd fld)?                                                                          
                                                                                                    
YEAS:  13   NAYS:  6   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Green, Hoffman, Huggins, Seekins,                                     
Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                          
                                                                                                    
Nays:  Ellis, Elton, French, Guess, Kookesh, Olson                                                  
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, the Senate concurred in the House amendments, thus adopting                                 
HOUSE CS FOR CS FOR SENATE BILL NO. 110(FIN) am H "An                                               
Act relating to regulation of the discharge of pollutants under the                                 
National Pollutant Discharge Elimination System."                                                   
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 147                                                                                            
Message dated May 10 was read, stating the House passed and                                         
returned for consideration CS FOR SENATE BILL NO. 147(FIN)                                          
"An Act providing for a sport fishing facility surcharge on sport                                   
fishing licenses; providing for the construction and renovation of state                            
sport fishing facilities and for other projects beneficial to the sport fish                        
resources of the state as a public enterprise; and authorizing the                                  
issuance of revenue bonds to finance those projects" with the                                       
following amendment:                                                                                
                                                                                                    
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
          147(RLS)                                                                                  
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendment.                                                                                          

2005-05-10                     Senate Journal                      Page 1566
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
HCS CSSB 147(RLS)                                                                                   
Shall the Senate Concur in the House Amendment                                                      
to CSSB 147(FIN)?                                                                                   
                                                                                                    
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Huggins, Kookesh, Seekins, Stedman,                                   
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Olson                                           
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, the Senate concurred in the House amendment, thus adopting                                  
HOUSE CS FOR CS FOR SENATE BILL NO. 147(RLS) "An Act                                                
providing for a sport fishing facility surcharge on sport fishing                                   
licenses; providing for the construction and renovation of state sport                              
fishing facilities and for other projects beneficial to the sport fish                              
resources of the state as a public enterprise; and authorizing the                                  
issuance of revenue bonds to finance those projects."                                               
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
SB 158                                                                                            
Message dated May 9 was read, stating the House passed SENATE                                       
BILL NO. 158 "An Act prohibiting the imposition of municipal sales                                  
and use taxes on state construction contracts and certain subcontracts;                             
and providing for an effective date" with the following amendment:                                  
                                                                                                    
     SENATE BILL NO. 158 am H "An Act relating to the                                               
     determination of full and true value of taxable municipal                                      
     property for purposes of providing planning assistance to                                      
     the Department of Education and Early Development and                                          
     the legislature, calculating funding for education,                                            
     calculating school district participating shares for school                                    
     construction grants, and calculating tax resource                                              
     equalization payments and excluding from that                                                  
     determination the value of property in certain areas                                           

2005-05-10                     Senate Journal                      Page 1567
     detached from a municipality and the value of certain                                          
     property involved with oil and gas that is not taxed by a                                      
     municipality; and prohibiting the imposition of municipal                                      
     sales and use taxes on state construction contracts and                                        
     certain subcontracts; and providing for an effective date."                                    
     (Title change authorized by HCR 22)                                                            
                                                                                                    
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                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
SB 158 am H                                                                                         
Shall the Senate Concur in the House                                                                
Amendment to SB 158?                                                                                
                                                                                                    
YEAS:  2   NAYS:  17   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Davis, Therriault                                                                            
                                                                                                    
Nays:  Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman,                                 
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Wagoner, Wilken                                                                                     
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
Davis changed from "Nay" to "Yea".                                                                  
                                                                                                    
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 amendment. 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 Huggins, Chair                                                                         
     Senator Wagoner                                                                                
     Senator Olson                                                                                  
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-10                     Senate Journal                      Page 1568
                          Special Committee Reports                                              
                                                                                                    
SB 125                                                                                            
                                                               May 10, 2005                         
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The Conference Committee considering 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"                                                    
                                                                                                    
and                                                                                                 
                                                                                                    
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                                 

2005-05-10                     Senate Journal                      Page 1569
community-based services to pay for those services; making                                          
conforming amendments; and providing for an effective date" requests                                
limited powers of free conference on the following specific points:                                 
                                                                                                    
       Adding uncodified law to relating to personal needs                                          
       allowances for persons residing in assisted living                                           
       facilities replacing section 20 and section 21 of  HCS                                       
       CSSB 125 (FIN) am H dealing with the same subject                                            
       matter.                                                                                      
                                                                                                    
Signing the report: Senator Dyson, Chair, Senators Huggins, Davis;                                  
Representatives McGuire, Anderson, Gara                                                             
                                                                                                    
President Stevens granted the Senate members limited powers of free                                 
conference as requested.                                                                            
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
SB 125                                                                                            
The following report was received and distributed at 5:55 p.m.,                                     
May 10:                                                                                             
                                                               May 10, 2005                         
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The CONFERENCE COMMITTEE with limited powers of free                                                
conference considered 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"                                                    

2005-05-10                     Senate Journal                      Page 1570
and                                                                                                 
                                                                                                    
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) and recommends                                                         
                                                                                                    
  CONFERENCE CS FOR SENATE BILL NO. 125 "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 the personal needs                                        
  allowance for assisted living home residents, and authorizing                                     
  emergency regulations relating to the personal needs allowance;                                   
  making conforming amendments; and providing for an effective                                      
  date." (technical title change)                                                                   
                                                                                                    
be adopted.                                                                                         

2005-05-10                     Senate Journal                      Page 1571
Signing the report: Senator Dyson, Chair, Senators Huggins, Davis;                                  
Representatives Anderson, McGuire, Gara                                                             
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 4, Department of Health and Social Services                                        
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Health and Social Services                                  
                                                                                                    
Senator Gary Stevens moved that the Senate adopt the Conference                                     
Committee Report on CONFERENCE CS FOR SENATE BILL NO.                                               
125.                                                                                                
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE CS FOR SENATE BILL NO.                                               
125 "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 the                                    
personal needs allowance for assisted living home residents, and                                    
authorizing emergency regulations relating to the personal needs                                    
allowance; making conforming amendments; and providing for an                                       
effective date"?" The roll was taken with the following result:                                     
                                                                                                    
CCS SB 125                                                                                          
Adopt Conference Committee Report?                                                                  
Effective Dates                                                                                     
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
Absent:  Seekins                                                                                    

2005-05-10                     Senate Journal                      Page 1572
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the adoption of the Conference Committee Report be                                          
considered the vote on the effective date clauses. Without objection, it                            
was so ordered.                                                                                     
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
HCR 21                                                                                            
Senator Gary Stevens moved and asked unanimous consent that                                         
HOUSE CONCURRENT RESOLUTION NO. 21 which had been                                                   
held on the Secretary's desk (page 1498) be taken up at this time.                                  
Without objection, the resolution was before the Senate on final                                    
passage.                                                                                            
                                                                                                    
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                              
NO. 21 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, pass the                             
Senate?" The roll was taken with the following result:                                              
                                                                                                    
HCR 21                                                                                              
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, HOUSE CONCURRENT RESOLUTION NO. 21 passed the                                               
Senate, was signed by the President and Secretary and returned to the                               
House.                                                                                              
                                                                                                    
SB 141                                                                                            
Message dated May 9 was received, stating the conference committee                                  
with limited powers of free conference considering CS FOR SENATE                                    
BILL NO. 141(FIN) "An Act relating to the teachers' and public                                      
employees' retirement systems and creating defined contribution and                                 

2005-05-10                     Senate Journal                      Page 1573
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 did                                               
not come to agreement, and requested that a Free Conference                                         
Committee be appointed.                                                                             
                                                                                                    
The Speaker discharged the conference committee and appointed the                                   
following members to a free conference committee to meet with the                                   
like committee from the Senate to consider the bills:                                               
                                                                                                    
     Representative Kelly                                                                           
     Representative Hawker                                                                          
     Representative Kerttula                                                                        
                                                                                                    
The Speaker granted the committee powers of free conference.                                        
                                                                                                    
Senate members appointed May 9, 2005:                                                               
                                                                                                    
     Senator Stedman, Chair                                                                         
     Senator Wilken                                                                                 
     Senator Elton                                                                                  
                                                                                                    

2005-05-10                     Senate Journal                      Page 1574
                                                                                                    
SB 36                                                                                             
Message dated May 9 was received, stating the House has failed to                                   
recede from its amendments to CS FOR SENATE BILL NO.                                                
36(JUD), namely:                                                                                    
                                                                                                    
                     HOUSE CS FOR CS FOR SENATE BILL NO.                                           
             36(JUD) am H "An Act relating to absentee ballots."                                   
                                                                                                    
The Speaker has appointed the following members to a Conference                                     
Committee to meet with the like committee from the Senate to                                        
consider the bills:                                                                                 
                                                                                                    
 Representative Seaton                                                                              
 Representative Holm                                                                                
 Representative Gruenberg                                                                           
                                                                                                    
Senate members appointed May 9, 2005:                                                               
                                                                                                    
 Senator Therriault, Chair                                                                          
 Senator Huggins                                                                                    
 Senator Kookesh                                                                                    
                                                                                                    
SB 125                                                                                            
Message dated May 9 was received, stating the House has failed to                                   
recede from its amendments to 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,"                                                   
                                                                                                    

2005-05-10                     Senate Journal                      Page 1575
namely:                                                                                             
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)                                                                 
                                                                                                    
The Speaker has appointed the following members to a Conference                                     
Committee to meet with the like committee from the Senate to                                        
consider the bills:                                                                                 
                                                                                                    
 Representative Anderson                                                                            
 Representative McGuire                                                                             
 Representative Gara                                                                                
                                                                                                    
Senate members appointed May 9, 2005:                                                               
                                                                                                    
 Senator Dyson, Chair                                                                               
 Senator Huggins                                                                                    
 Senator Davis                                                                                      
                                                                                                    
SB 130                                                                                            
Message dated May 9 was received, stating the House has failed to                                   
recede from its amendments to 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                                 

2005-05-10                     Senate Journal                      Page 1576
intent of the legislature, and setting out limitations, concerning the                              
interpretation, construction, and implementation of workers'                                        
compensation laws; relating to the Alaska Workers' Compensation                                     
Board; assigning certain Alaska Workers' Compensation Board                                         
functions to the division of workers' compensation in the Department                                
of Labor and Workforce Development and to that department, and                                      
authorizing the board to delegate administrative and enforcement                                    
duties to the division; providing for workers' compensation hearing                                 
officers in workers' compensation proceedings; establishing a                                       
Workers' Compensation Appeals Commission; relating to workers'                                      
compensation medical benefits and to charges for and payment of fees                                
for the medical benefits; relating to agreements that discharge workers'                            
compensation liability; relating to workers' compensation awards;                                   
relating to reemployment benefits and job dislocation benefits; relating                            
to coordination of workers' compensation and certain disability                                     
benefits; relating to division of workers' compensation records;                                    
relating to release of treatment records; relating to an employer's                                 
failure to insure and keep insured or provide security; providing for                               
appeals from compensation orders; relating to workers' compensation                                 
proceedings; providing for supreme court jurisdiction of appeals from                               
the Workers' Compensation Appeals Commission; providing for a                                       
maximum amount for the cost-of-living adjustment for workers'                                       
compensation benefits; relating to attorney fees with respect to                                    
workers' compensation; providing for the department to enter into                                   
contracts with nonprofit organizations to provide information services                              
and legal representation to injured employees; providing for                                        
administrative penalties for employers uninsured or without adequate                                
security for workers' compensation; relating to fraudulent acts or false                            
or misleading statements in workers' compensation and penalties for                                 
the acts or statements; providing for members of a limited liability                                
company to be included as an employee for purposes of workers'                                      
compensation; establishing a workers' compensation benefits guaranty                                
fund; making conforming amendments; providing for a study and                                       
report by the medical services review committee; establishing the Task                              
Force on Workers' Compensation; and providing for an effective                                      
date,"                                                                                              
                                                                                                    
namely:                                                                                             
                                                                                                    
                                                                                                    

2005-05-10                     Senate Journal                      Page 1577
                                                                                                    
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)                                                                 
                                                                                                    
The Speaker has appointed the following members to a Conference                                     
Committee to meet with the like committee from the Senate to                                        
consider the bills:                                                                                 
                                                                                                    
 Representative Harris                                                                              
 Representative Coghill                                                                             
 Representative Guttenberg                                                                          
                                                                                                    
Senate members appointed May 9, 2005:                                                               
                                                                                                    
 Senator Ben Stevens, Chair                                                                         
 Senator Seekins                                                                                    
 Senator Guess                                                                                      
                                                                                                    
SB 144                                                                                            
Message dated May 9 was received, stating the House passed and                                      
returned:                                                                                           
                                                                                                    
CS FOR SENATE BILL NO. 144(RES) "An Act relating to                                                 
regulations, definitions, and permits under the emission control permit                             
program; and providing for an effective date."                                                      
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                                                                                                    
                        Introduction and Reference of                                            
                              Senate Resolutions                                                 
                                                                                                    
SCR 19                                                                                            
SENATE CONCURRENT RESOLUTION NO. 19 BY THE                                                          
SENATE FINANCE COMMITTEE,                                                                           
                                                                                                    

2005-05-10                     Senate Journal                      Page 1578
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning House Bill No. 161, relating to                                                
          reemployment of and benefits for or on behalf of                                          
          retired teachers and public employees and to                                              
          employees who participated in retirement incentive                                        
          programs and are subsequently reemployed as a                                             
          commissioner; and repealing secs. 5, 7, and 9, ch. 58,                                    
          SLA 2001.                                                                                 
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 179                                                                                            
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 179 BY                                                       
SENATOR THERRIAULT, entitled:                                                                       
                                                                                                    
          "An Act relating to the taxation of minerals and                                          
          mining property; relating to contracts approved by                                        
          municipalities for payments in lieu of taxes; and                                         
          providing for an effective date."                                                         
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Finance Committees.                                                                     
                                                                                                    
SB 200                                                                                            
SENATE BILL NO. 200 BY SENATOR THERRIAULT, entitled:                                                
                                                                                                    
          "An Act relating to defense of self, other persons, and                                   
          property."                                                                                
                                                                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
SB 201                                                                                            
SENATE BILL NO. 201 BY SENATOR DYSON, entitled:                                                     
                                                                                                    
          "An Act relating to justifications, presumptions, and                                     

2005-05-10                     Senate Journal                      Page 1579
          liability for use of defensive force."                                                    
was read the first time and referred to the Judiciary Committee.                                    
                                                                                                    
SB 202                                                                                            
SENATE BILL NO. 202 BY SENATOR HUGGINS, entitled:                                                   
                                                                                                    
          "An Act relating to immunity from tort claims arising                                     
          out of the use of a boating access facility constructed,                                  
          operated, or maintained by the state on land owned or                                     
          managed by the state; and providing for an effective                                      
          date."                                                                                    
                                                                                                    
was read the first time and referred to the State Affairs and Judiciary                             
Committees.                                                                                         
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 33                                                                                             
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" 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                                 
1538. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 33(FIN) was adopted.                                                                            
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
bill be considered engrossed, advanced to third reading and placed on                               
final passage. Without objection, it was so ordered.                                                

2005-05-10                     Senate Journal                      Page 1580
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 33(FIN) was read the                                            
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR 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" pass the Senate?" The                              
roll was taken with the following result:                                                           
                                                                                                    
SCS CSHB 33(FIN)                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  1   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                                                                      
                                                                                                    
Nays:  Wilken                                                                                       
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 33(FIN)                                                 
passed the Senate.                                                                                  
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 88                                                                                             
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                              

2005-05-10                     Senate Journal                      Page 1581
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" was read                                 
the second time.                                                                                    
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Senate Committee Substitute offered on page                               
1126. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 88(JUD) was adopted.                                                                            
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
bill be considered engrossed, advanced to third reading and placed on                               
final passage. Without objection, it was so ordered.                                                
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 88(JUD) was read the                                            
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 88(JUD) "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" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SCS CSHB 88(JUD)                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     

2005-05-10                     Senate Journal                      Page 1582
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 88(JUD)                                                 
passed the Senate.                                                                                  
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 120                                                                                            
HOUSE BILL NO. 120 "An Act relating to safety devices and sharp                                     
instruments for the prevention of the spread of bloodborne pathogens                                
in health care employees; and providing for an effective date" was                                  
read the second time.                                                                               
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
bill be advanced to third reading and placed on final passage. Without                              
objection, it was so ordered.                                                                       
                                                                                                    
HOUSE BILL NO. 120 was read the third time.                                                         
                                                                                                    
Senator Elton moved and asked unanimous consent to be shown as a                                    
cross sponsor on the bill. Without objection, it was so ordered.                                    
                                                                                                    
The question being: "Shall HOUSE BILL NO. 120 "An Act relating to                                   
safety devices and sharp instruments for the prevention of the spread                               
of bloodborne pathogens in health care employees; and providing for                                 
an effective date" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
HB 120                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman,                                 
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
Absent:  Guess                                                                                      

2005-05-10                     Senate Journal                      Page 1583
                                                                                                    
and so, HOUSE BILL NO. 120 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 161                                                                                            
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" 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                                 
1509. Without objection, 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" was adopted.                                                                        
                                                                                                    
Senator Green offered Amendment No. 1:                                                              
                                                                                                    
Page 1, line 1, following "benefits for":                                                         
 Insert "or on behalf of"                                                                         
                                                                                                    
Page 9, line 7:                                                                                     
 Delete "January 1, 2007"                                                                           

2005-05-10                     Senate Journal                      Page 1584
 Insert "July 1, 2005"                                                                              
Senator Green 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.                                                
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 161(FIN) am S was                                               
read the third time.                                                                                
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 161(FIN) am S "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" pass the Senate?" The roll                               
was taken with the following result:                                                                
                                                                                                    
SCS CSHB 161(FIN) am S                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  7   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Elton, Green, Hoffman, Huggins, Olson,                                       
Stedman, Stevens B, Stevens G, Wilken                                                               
                                                                                                    
Nays:  Davis, Ellis, French, Guess, Seekins, Therriault, Wagoner                                    
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
Absent:  Kookesh                                                                                    
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 161(FIN) am                                             
S passed the Senate.                                                                                
                                                                                                    
Senator Gary Stevens moved for the adoption of the effective date                                   
clauses.                                                                                            
                                                                                                    

2005-05-10                     Senate Journal                      Page 1585
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
SCS CSHB 161(FIN) am S                                                                              
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
Absent:  Kookesh                                                                                    
                                                                                                    
and so, the effective date clauses were adopted.                                                    
                                                                                                    
In accordance with Uniform Rule 43, engrossment was waived on                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 161 (FIN) am S and                                              
the bill was returned to the House for consideration with a certified                               
amendment.                                                                                          
                                                                                                    
HB 178                                                                                            
CS FOR HOUSE BILL NO. 178(STA) am "An Act relating to special                                       
motor vehicle registration plates; 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. 178(STA) am was read the third time.                                          
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 178(STA) am                                        
"An Act relating to special motor vehicle registration plates; and                                  
providing for an effective date" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-10                     Senate Journal                      Page 1586
                                                                                                    
CSHB 178(STA) am                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  0   EXCUSED:  1   ABSENT:  1                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
Absent:  Kookesh                                                                                    
                                                                                                    
and so, CS FOR HOUSE BILL NO. 178(STA) am passed the Senate.                                        
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 197                                                                                            
CS FOR HOUSE BILL NO. 197(RLS) "An Act exempting certain                                            
natural gas exploration and production facilities from oil discharge                                
prevention and contingency plans and proof of financial responsibility,                             
and amending the powers and duties of the Alaska Oil and Gas                                        
Conservation Commission with respect to those plans; 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. 197(RLS) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR HOUSE BILL NO. 197(RLS) "An                                       
Act exempting certain natural gas exploration and production facilities                             
from oil discharge prevention and contingency plans and proof of                                    
financial responsibility, and amending the powers and duties of the                                 
Alaska Oil and Gas Conservation Commission with respect to those                                    
plans; and providing for an effective date" pass the Senate?" The roll                              
was taken with the following result:                                                                

2005-05-10                     Senate Journal                      Page 1587
                                                                                                    
CSHB 197(RLS)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, CS FOR HOUSE BILL NO. 197(RLS) 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.                                    
                                                                                                    
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 94                                                                                             
SENATE CS FOR CS FOR HOUSE BILL NO. 94(STA) was read the                                            
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 94(STA) "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" pass the                                    
Senate?" The roll was taken with the following result:                                              
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-10                     Senate Journal                      Page 1588
                                                                                                    
SCS CSHB 94(STA)                                                                                    
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Hoffman, Huggins, Seekins, Stedman,                                   
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Kookesh, Olson                                           
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 94(STA)                                                 
passed the Senate and was referred to the Secretary for engrossment.                                
                                                                                                    
HB 98                                                                                             
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" was read the third time.                                                            
                                                                                                    
Senator Green 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 Green offered Amendment No. 1:                                                              
Delete                                                                                              
     Page 1, line 5 thru                                                                            
     Page 1, line 9                                                                                 
                                                                                                    
Renumber accordingly.                                                                               
                                                                                                    
Senator Green moved for the adoption of Amendment No. 1. Senator                                    
Ellis objected, then withdrew his objection. There being no further                                 
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 98(FIN) am S was                                                
automatically in third reading.                                                                     
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-10                     Senate Journal                      Page 1589
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 98(FIN) am S "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" pass the Senate?" The roll was taken                               
with the following result:                                                                          
                                                                                                    
SCS CSHB 98(FIN) am S                                                                               
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Elton, French, Green, Guess,                                          
Hoffman, Huggins, Kookesh, Seekins, Stedman, Stevens B, Stevens                                     
G, Therriault, Wagoner, Wilken                                                                      
                                                                                                    
Nays:  Ellis, Olson                                                                                 
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 98(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 effective                             
date clauses. Without objection, it was so ordered.                                                 
                                                                                                    
In accordance with Uniform Rule 43, engrossment was waived on                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 98(FIN) am S and the                                            
bill was returned to the House for consideration with a certified                                   
amendment.                                                                                          
                                                                                                    
HB 130                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 130(FIN) "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 third time.                                                                                
                                                                                                    
Senator Gary Stevens moved for the adoption of the House Letter of                                  
Intent.                                                                                             

2005-05-10                     Senate Journal                      Page 1590
                                                                                                    
The question being: "Shall the House Letter of Intent be adopted?"                                  
The roll was taken with the following result:                                                       
                                                                                                    
SCS CSHB 130(FIN)                                                                                   
Adopt Letter of Intent?                                                                             
                                                                                                    
YEAS:  10   NAYS:  9   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Huggins, Seekins, Stevens B, Stevens                                  
G, Therriault, Wagoner, Wilken                                                                      
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson,                                 
Stedman                                                                                             
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, the Legislative Letter of Intent was adopted.                                               
                                                                                                    
Senator Ellis objected, stating the adoption of a Letter of Intent                                  
requires an affirmative vote of the majority of the full membership of                              
the body.                                                                                           
                                                                                                    
President Stevens ruled that the adoption of a Letter of Intent requires                            
an affirmative vote of the majority of the members present. (Mason's                                
Manual Section 503)                                                                                 
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 130(FIN) was before                                             
the Senate on final passage.                                                                        
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 130(FIN) "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" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SCS CSHB 130(FIN)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Green, Hoffman, Huggins, Seekins,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Ellis, Elton, French, Guess, Kookesh, Olson, Stedman                                         
                                                                                                    

2005-05-10                     Senate Journal                      Page 1591
Excused:  Bunde                                                                                     
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 130(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 130(FIN)                                                                                   
Effective Date Clause                                                                               
                                                                                                    
YEAS:  16   NAYS:  3   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Green, Guess, Hoffman, Huggins,                                       
Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault,                                 
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  Ellis, Elton, French                                                                         
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, the effective date clause was adopted and the bill was referred                             
to the Secretary for engrossment with a Legislative Letter of Intent.                               
                                                                                                    
HB 279                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 279(FIN) was read the                                           
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 279(FIN) "An Act relating to encroachments in the right-of-way                                  
of a highway" pass the Senate?" The roll was taken with the following                               
result:                                                                                             
                                                                                                    
SCS CSHB 279(FIN)                                                                                   
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Elton, Green, Guess, Hoffman,                                         
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Ellis, French                                                                                
                                                                                                    

2005-05-10                     Senate Journal                      Page 1592
Excused:  Bunde                                                                                     
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 279(FIN)                                                
passed the Senate and was referred to the Secretary for engrossment.                                
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Mark Chapman                                                                             
Senator(s) Therriault, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                   
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Stedman, Gary Stevens, Wagoner, Wilken                                                     
                                                                                                    
Honoring - Dorcas Lutz, 35 Years of Public Service                                                  
Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - The North Pole Patriots, 2004 Alaska Football Champions                                  
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                                                     
                                                                                                    
Honoring - National Correctional Officers' Week, May 1 - 7, 2005                                    
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                                              
                                                                                                    
Honoring - The Library                                                                              
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                                                  
                                                                                                    
Honoring - Bilingual Tutors at Mountain View Elementary School,                                     
Williwaw Elementary School, Creekside Park Elementary School,                                       
Wonder Park Elementary School, Ptarmigan Elementary School, and                                     
William Tyson Elementary School                                                                     

2005-05-10                     Senate Journal                      Page 1593
Representative(s) Gruenberg                                                                         
Senator(s) Guess, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, French, Green, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Jessica Hendricks                                                                        
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 - Richard Champion                                                                         
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 - Gertrude "Helen" Brown                                                                
Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
In Memoriam - Simeon Nick Askoak                                                                    
Senator(s) Kookesh, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
Representative(s) Salmon                                                                            
                                                                                                    
In Memoriam - Roberta Fraser Johnson                                                                
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 - Marvin "Marv" Weatherly                                                               
Senator(s) Guess, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, Green, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
                                                                                                    

2005-05-10                     Senate Journal                      Page 1594
                                                                                                    
In Memoriam  - William V. Graves                                                                    
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
In Memoriam - George A. Hall                                                                        
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 - Sally Ann Kabisch Kizzia                                                              
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Ben Stevens, Bunde, Cowdery, Davis,                                        
Dyson, Ellis, Elton, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Stedman, Therriault, Wagoner, Wilken                                                       
                                                                                                    
In Memoriam - Kate Lauren Kuhns                                                                     
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                                                
                                                                                                    
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 - Coach Randy Magner                                                                       
Senator(s) Huggins, Green, Ben Stevens, Bunde, Cowdery, Davis,                                      
Dyson, Ellis, Elton, Guess, Hoffman, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
Representative(s) Gatto, Stoltze                                                                    

2005-05-10                     Senate Journal                      Page 1595
                                                                                                    
Honoring - The Strawberry Road Committee                                                            
Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - Jr. Iditarod Champion Melissa Owens                                                      
Senator(s) Olson, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, Green, Guess, Hoffman, Huggins, Kookesh, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
Representative(s) Foster                                                                            
                                                                                                    
Honoring - Dr. Henry I. Akiyama                                                                     
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - Josh Dean                                                                                
Representative(s) Kohring, Kerttula, Gatto, Neuman, Stoltze                                         
Senator(s) Green, Huggins, Ben Stevens, Bunde, Cowdery, Davis,                                      
Dyson, Ellis, Elton, Guess, Hoffman, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Kenny Hughes                                                                             
Representative(s) Gatto, Stoltze, Kohring, Neuman                                                   
Senator(s) Green, Huggins, Ben Stevens, Bunde, Cowdery, Davis,                                      
Dyson, Ellis, Elton, Guess, Hoffman, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Margaret Sanders                                                                         
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                                                     
                                                                                                    
Honoring - Sherri Baktuit                                                                           
Representative(s) Chenault                                                                          
Senator(s) Wagoner, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       

2005-05-10                     Senate Journal                      Page 1596
Seekins, Stedman, Gary Stevens, Therriault, Wilken                                                  
Honoring - Steve Heinrick                                                                           
Representative(s) Neuman                                                                            
Senator(s) Huggins, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Stacy Borgman, Champion Rower                                                            
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                                                
                                                                                                    
Honoring - Tela O'Donnell                                                                           
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 - Lt. Col. Harold F. "Alex" Alexander                                                   
Senator(s) Green, Cowdery, Ben Stevens, Bunde, Davis, Dyson, Ellis,                                 
Elton, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
Representative(s)Rokeberg, Hawker, Samuels, Kerttula                                                
                                                                                                    
In Memoriam - Isabelle Goldthorpe Rogan                                                             
Senator(s) Green, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
In Memoriam - Robert "Bob" Maynard Piatt, Sr.                                                       
Senator(s) Green, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
In Memoriam - Darlene Virginia "Twete" Kackman                                                      
Senator(s) Green, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    

2005-05-10                     Senate Journal                      Page 1597
                                                                                                    
In Memoriam - Jacqueline S. Lawton                                                                  
Senator(s) Green, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
In Memoriam - Lois L. Kepler                                                                        
Senator(s) Huggins, Green, Ben Stevens, Bunde, Cowdery, Davis,                                      
Dyson, Ellis, Elton, Guess, Hoffman, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
Representative(s) Gatto, Stoltze                                                                    
                                                                                                    
In Memoriam - George Danner, Jr.                                                                    
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
In Memoriam - Albert Christian Swalling                                                             
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
In Memoriam - Harriet H. Roberts                                                                    
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
In Memoriam - Peter Barrett                                                                         
Representative(s) Kerttula Weyhrauch                                                                
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
In Memoriam - Evan Duane Belnap                                                                     
Representative(s)Seaton                                                                             
Senator(s) Gary Stevens, Ben Stevens, Bunde, Cowdery, Davis,                                        
Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh,                                       

2005-05-10                     Senate Journal                      Page 1598
Olson, Seekins, Stedman, Therriault, Wagoner, Wilken                                                
In Memoriam - Floyd Joseph Gonzales                                                                 
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 - Alfred (Rodney) Ewing, Sr.                                                            
Representative(s) Kohring, Gatto, Neuman, Stoltze                                                   
Senator(s) Green, Huggins, Ben Stevens, Bunde, Cowdery, Davis,                                      
Dyson, Ellis, Elton, Guess, Hoffman, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Barbara Poetzsch                                                                      
Representative(s) Kohring, Gatto, Neuman, Stoltze                                                   
Senator(s) Green, Huggins, Ben Stevens, Bunde, Cowdery, Davis,                                      
Dyson, Ellis, Elton, Guess, Hoffman, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Lorena "Rena" Baty                                                                    
Representative(s) Wilson                                                                            
Senator(s) Stedman, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Thomas Kendall Young                                                                  
Representative(s) Wilson                                                                            
Senator(s) Stedman, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - James Lee Asnin                                                                       
Representative(s) Wilson                                                                            
Senator(s) Stedman, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Molly O. Ahlgren, Ph.D.                                                               
Representative(s) Wilson                                                                            
Senator(s) Stedman, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       

2005-05-10                     Senate Journal                      Page 1599
Seekins, Gary Stevens, Therriault, Wagoner, Wilken                                                  
In Memoriam - Lareta Gabriel Lare                                                                   
Representative(s) Croft                                                                             
Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Dr. Douglas L. Schamel                                                                
Representative(s) Guttenberg                                                                        
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 - Geraldine Ruth Rouswell                                                               
Representative(s) Chenault                                                                          
Senator(s) Wagoner, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Stedman, Gary Stevens, Therriault, 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.                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Davis moved and asked unanimous consent to be excused                                       
from a call of the Senate from 6:00 p.m., May 11 to May 14. Without                                 
objection, Senator Davis was excused.                                                               
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                               
in effect.                                                                                          
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-10                     Senate Journal                      Page 1600
                                 Engrossment                                                     
                                                                                                    
SB 157                                                                                            
CS FOR SENATE BILL NO. 157(FIN) "An Act relating to the                                             
maximum annual regulatory cost charge collected from certain                                        
regulated public utilities and pipeline carriers and to public utility                              
liability associated with operating certain transmission lines under a                              
Regulatory Commission of Alaska order for joint use and                                             
interconnection; and providing for an effective date" was engrossed,                                
signed by the President and Secretary and transmitted to the House for                              
consideration.                                                                                      
                                                                                                    
HB 33                                                                                             
SENATE CS FOR 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" was engrossed, signed by the President and Secretary                                
and returned to the House for consideration.                                                        
                                                                                                    
HB 88                                                                                             
SENATE CS FOR CS FOR HOUSE BILL NO. 88(JUD) "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" was                                      
engrossed, signed by the President and Secretary and returned to the                                
House for consideration.                                                                            
                                                                                                    
                                                                                                    

2005-05-10                     Senate Journal                      Page 1601
HB 94                                                                                             
SENATE CS FOR CS FOR HOUSE BILL NO. 94(STA) "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 engrossed, signed by the                                   
President and Secretary and returned to the House for consideration.                                
                                                                                                    
HB 97                                                                                             
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" was engrossed, signed by the President and Secretary and                                      
returned to the House for consideration.                                                            
                                                                                                    
HB 130                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 130(FIN) "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                                
engrossed, signed by the President and Secretary and returned to the                                
House for consideration with a Legislative Letter of Intent.                                        
                                                                                                    
HB 147                                                                                            
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 licensee of a                            

2005-05-10                     Senate Journal                      Page 1602
license renewal before the renewal date; defining the term                                          
'appointment' as used in part of AS 21; relating to the eligibility to                              
provide coverage by a nonadmitted insurer and alien insurer; relating                               
to surplus lines insurance and brokers; relating to misrepresentations                              
and false advertising concerning insurance; relating to health discount                             
plans; providing for limitations on owner controlled and contractor                                 
controlled insurance programs and limiting the coverage of those                                    
programs; prohibiting excessive, inadequate, or unfairly                                            
discriminatory rate charges for health insurance; defining the term                                 
'plan administrator' as used in part of AS 21; defining the term                                    
'transact' as used in AS 21; authorizing the director of insurance to                               
designate a person to receive annual reports from companies; reducing                               
the period for filing a quarterly financial statement; and providing for                            
an effective date" was engrossed, signed by the President and                                       
Secretary and returned to the House for consideration.                                              
                                                                                                    
HB 257                                                                                            
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" was engrossed, signed by                                 
the President and Secretary and returned to the House for                                           
consideration.                                                                                      
                                                                                                    
HB 279                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 279(FIN) "An Act                                                
relating to encroachments in the right-of-way of a highway" was                                     
engrossed, signed by the President and Secretary and returned to the                                
House for consideration.                                                                            
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Guess moved and asked unanimous consent that the Senate                                     
stand in adjournment until 11:00 a.m., January 9, 2006. Without                                     
objection, the Senate adjourned at 9:51 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2005                        

2005-05-10                     Senate Journal                      Page 1603
                                Announcements                                                    
                                                                                                    
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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                               
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ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 10        Tuesday                   Senate Finance 532                                        
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 10        Tuesday                          Location Tba                                       
               -- Recessed to a Call of the Chair --                                                
              Time and Location TBA                                                                 
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                         CONFERENCE COMMITTEE ON HB 1                                            
                                                                                                    
May 12        Thursday                         Location Tba                                       
= HB   1 INCREASE AMT OF BASE STUDENT ALLOCATION                                                    
                   ----------------------------------------                                        
                                                                                                    
                    CONFERENCE COMMITTEE ON HB 66 & HB 67                                        
                                                                                                    
May 10        Tuesday                          Location Tba                                       
= HB  66 APPROP: MENTAL HEALTH BUDGET                                                               
= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF                                                   
                                                                                                    

2005-05-10                     Senate Journal                      Page 1604
              CONFERENCE COMMITTEE ON HB 66 & HB 67 (continued)                                  
                                                                                                    
May 11        Wednesday                   To Be Announced                                         
              -- Location to be Announced --                                                        
= HB  66 APPROP: MENTAL HEALTH BUDGET                                                               
= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF                                                   
              All open items.                                                                       
                   ----------------------------------------                                        
                                                                                                    
                        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                                                        
                                                                                                    
May 11        Wednesday                       Butrovich 205           5:00 PM                     
              -- Time Change --                                                                     
= SB 130 WORKERS' COMPENSATION/ INSURANCE                                                           
                   ----------------------------------------                                        
                                                                                                    
                     FREE CONFERENCE COMMITTEE ON SB 141                                         
                                                                                                    
May 10        Tuesday                   Senate Finance 532            2:30 PM                     
              -- Rescheduled to 5/11/05 10:00 am --                                                 
= SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT/BOARDS                                                  
              Free Conference Committee Meeting                                                     
                                                                                                    
May 11        Wednesday                 Senate Finance 532            6:00 PM                     
              -- Time Change --                                                                     
= SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT/BOARDS                                                  
                   ----------------------------------------                                        
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
May 11        Wednesday                  House Finance 519            1:00 PM                     
              Committee Business                                                                    
              Executive Session                                                                     
              Panel Discussion with Federal Officials                                               
              regarding Gas Pipeline Issues