Legislature(2005 - 2006)
2005-09-15 Senate Journal
Full Journal pdf2005-09-15 Senate Journal Page 1779 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE FIRST SESSION AND FIRST SPECIAL SESSION Juneau, Alaska Thursday September 15, 2005 Final Supplement Communications The following Budget and Audit Reports were received from Pat Davidson, Legislative Auditor, in accordance with AS 24.20.311 and are on file in the Office of the Secretary of the Senate: State of Alaska, Single Audit for the Fiscal Year Ended June 30, 2004 Department of Transportation and Public Facilities, Alaska Marine Highway System Vessel Maintenance and Repair Procurement, March 31, 2005 Enrollment SB 73 CONFERENCE CS FOR SENATE BILL NO. 73 "An Act relating to reimbursement of municipal bonds for school construction; relating to a lease-purchase agreement for the construction, equipping, and financing of a state virology laboratory in Fairbanks to be operated by the Department of Health and Social Services; relating to the issuance of certificates of participation for the laboratory; relating to the use of certain investment income for certain construction and equipment costs for the laboratory; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 2:34 p.m., July 14, 2005. 2005-09-15 Senate Journal Page 1780 SB 110 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" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:26 a.m., August 19, 2005. Memorandum from the Division of Legal and Research Services, Legislative Affairs Agency, reporting the following manifest errors in HOUSE CS FOR CS FOR SENATE BILL NO. 110(FIN) am H which have been corrected in enrolling: Page 5, line 18: Delete "to" Insert "with" Page 5, line 25: Delete "will" Insert "shall" Page 5, line 26: Delete "will" Insert "shall" SB 128 SENATE BILL NO. 128 am "An Act relating to consideration by the Local Boundary Commission of a requested borough incorporation" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 2:59 p.m., July 6, 2005. SB 130 FREE CONFERENCE CS FOR SENATE BILL NO. 130(efd pfld 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" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 2:58 p.m., August 4, 2005. 2005-09-15 Senate Journal Page 1781 Memorandum from the Division of Legal and Research Services, Legislative Affairs Agency, reporting the following manifest errors in FREE CONFERENCE CS FOR SENATE BILL NO. 130(efd pfld H) which have been corrected in enrolling: Page 4, line 26: Delete "and" Page 4, line 29, following "compensation;": Insert "and" Page 6, line 7: Delete "constitutes" Insert "constitute" Page 7, line 13: Delete "pro tem" Insert "pro tempore" Page 7, line 14: Delete "pro tem" Insert "pro tempore" Page 19, line 20: Delete "of" Insert "to [OF]" Page 32, line 31: Delete "23.30.145(b)" Insert "AS 23.30.145(b)" Page 38, line 31: Delete "(a)(1) of this section" Insert "(1) of this subsection" Delete "(a)(2) of this section" Insert "(2) of this subsection" Page 48, line 30: Delete "pro tem" Insert "pro tempore" 2005-09-15 Senate Journal Page 1782 Page 49, line 17: Delete "Alaskan" Insert "Alaska" SB 135 CS FOR SENATE BILL NO. 135(JUD)(efd am) "An Act relating to the crimes of assault and custodial interference; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 4:16 p.m., July 6, 2005. SB 140 HOUSE CS FOR CS FOR SENATE BILL NO. 140(RLS) "An Act relating to computers, computer communications, and the Internet" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:26 a.m., August 19, 2005. SB 141 FREE CONFERENCE CS FOR SENATE BILL NO. 141(2d FCC) "An Act relating to the teachers' and public employees' retirement systems and creating defined contribution and health reimbursement plans for members of the teachers' retirement system and the public employees' retirement system who are first hired after July 1, 2006; 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" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 3:44 p.m., July 15, 2005. 2005-09-15 Senate Journal Page 1783 Memorandum from the Division of Legal and Research Services, Legislative Affairs Agency, reporting the following manifest errors in FREE CONFERENCE CS FOR SENATE BILL NO. 141(2d FCC), which have been corrected in enrolling: Page 2, line 9, following "retirement": Insert ", disability," Page 5, line 12: Delete "14.24.008" Insert "14.25.008" Page 16, line 9, following "from": Insert "the" Page 23, line 3: Delete "(a) of this section" Insert "(1) - (4) of this subsection" Page 36, line 15: Delete "benefits" Insert "benefit" Page 36, line 18: Delete "benefits" Insert "benefit" Page 39, line 10: Delete "which" Insert "that" Page 43, line 5: Delete "AS 37.10.210" Insert "AS 37.10.220" Page 43, line 11: Delete "AS 37.10.210" Insert "AS 37.10.220" 2005-09-15 Senate Journal Page 1784 Page 47, line 22: Delete "AS 37.10.210" Insert "AS 37.10.220" Page 50, line 9: Delete "or" Page 58, line 15: Delete "AS 37.10.210" Insert "AS 37.10.220" Page 59, line 7: Delete "AS 37.10.210" Insert "AS 37.10.220" Page 62, lines 8 - 9: Delete "AS 37.10.210 and 37.10.220" Insert "AS 37.10.220" Page 63, line 6: Delete "AS 37.10.210" Insert "AS 37.10.220" Page 63, line 31: Delete "AS 37.10.210" Insert "AS 37.10.220" Page 67, following line 27: Insert "(4) "dependent child" has the meaning given in AS 39.35.680;" Page 67, line 28: Delete "(4)" Insert "(5)" Page 67, line 30: Delete all material. 2005-09-15 Senate Journal Page 1785 Page 71, line 18: Delete "37.10.210" Insert "AS 37.10.210" Page 73, line 21: Delete "to article 1" Page 74, line 29: Delete "system" Insert "plan [SYSTEM]" Page 82, line 22: Delete "39.35.095 - 39.35.680" Insert "AS 39.35.095 - 39.35.680" Page 82, line 26: Delete "means" Insert "mean" Page 89, line 17, following "from": Insert "the" Page 96, line 17: Delete "(a) of this section" Insert "(1) - (4) of this subsection" Page 110, line 15: Delete "benefits" Insert "benefit" Page 110, line 18: Delete "benefits" Insert "benefit" Page 120, line 20: Delete "Act" Insert "section" Page 120, line 25: Delete "is" Insert "occurs" 2005-09-15 Senate Journal Page 1786 SB 147 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" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:26 a.m., August 19, 2005. Memorandum from the Division of Legal and Research Services, Legislative Affairs Agency, reporting the following manifest errors in HOUSE CS FOR CS FOR SENATE BILL NO. 147(RLS) which have been corrected in enrolling: Page 1, line 12, following "principal": Insert "of" Page 2, line 11, following "principal": Insert "of" Page 3, line 22, following "is": Insert "as follows:" Page 4, line 13: Insert "any" Page 5, line 3: Delete "funds" Insert "fund" Page 5, line 12, following "principal": Insert "of" Page 6, line 11: Delete "funds" Insert "fund" 2005-09-15 Senate Journal Page 1787 Page 6, line 16: Delete "funds" Insert "fund" Page 9, line 15, following "officer": Insert "of" SB 154 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" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 4:16 p.m., July 6, 2005. Memorandum from the Division of Legal and Research Services, Legislative Affairs Agency, reporting the following manifest errors in HOUSE CS FOR CS FOR SENATE BILL NO. 154(JUD), which have been corrected in enrolling: Page 3, line 5: Delete "section" Insert "subsection" Page 6, lines 23 - 24: Delete "and unfair to the juvenile" Insert ", telephonic participation is not unfair to the juvenile," SB 158 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" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 3:44 p.m., July 15, 2005. 2005-09-15 Senate Journal Page 1788 SCR 14 SENATE CONCURRENT RESOLUTION NO. 14 am H Relating to the Advisory Commission on Local Government was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 4:20 p.m., July 29, 2005. Memorandum from the Division of Legal and Research Services, Legislative Affairs Agency, reporting the following manifest error in SENATE CONCURRENT RESOLUTION NO. 14 am H which has been corrected in enrolling: Page 2, line 29: Delete "finding" Insert "findings" Messages from the Governor HB 91 Message dated June 30 and received July 5, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 91 am "An Act relating to indecent exposure." Chapter 62, SLA 2005 Effective Date: 09/28/2005 HB 181 Message dated June 30 and received July 5, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 181(L&C) "An Act authorizing a waiver for active duty military service of continuing education requirements for renewal of occupational licenses." 2005-09-15 Senate Journal Page 1789 Chapter 63, SLA 2005 Effective Date: 09/28/2005 HB 53 Message dated June 30 and received July 5, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 53(FIN) am S "An Act relating to child-in-need-of-aid proceedings; amending the construction of statutes pertaining to children in need of aid; relating to guardianships; relating to the confidentiality of investigations, court hearings, court records, and public agency records and information in child-in-need-of-aid matters and certain child protection matters, to immunity regarding disclosure of information in child-in-need-of-aid matters and certain child protection matters, to proceedings regarding voluntary relinquishment and termination of a parent and child relationship, to eligibility for permanent fund dividends for certain children in the custody of the state, and to juvenile delinquency proceedings and placements; reestablishing and relating to a state citizens' review panel; amending the obligation of a public agency to disclose agency information pertaining to a child in need of aid; relating to disclosure of confidential or privileged information about children and families involved with children's services within the Department of Health and Social Services to officials for review or use in official capacities; relating to reports of harm and to adoptions and foster care; relating to consent for the medication of children in state custody; prescribing the rights of family members related to child-in- need-of-aid cases and establishing a familial priority for adoption; modifying adoption and placement procedures in certain child-in- need-of-aid cases; amending Rules 9 and 13, Alaska Adoption Rules, Rules 3, 17.2, 18, and 22, Alaska Child in Need of Aid Rules of Procedure, and Rules 14 and 15, Alaska Rules of Probate Procedure; relating to the admissibility into evidence of the prior recorded statement of a crime victim less than 16 years of age; and amending Rule 801, Alaska Rules of Evidence; and providing for an effective date." Chapter 64, SLA 2005 Effective Date: 07/01/2005 2005-09-15 Senate Journal Page 1790 HB 54 Message dated July 13 and received July 14, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 54(FIN) "An Act relating to bail review; relating to petitions for review by crime victims where the defendant has received a sentence below the sentencing range for the crime; relating to the qualifications of certain members of the Violent Crimes Compensation Board; relating to the introduction of the victim and the defendant or minor to the jury; amending Rule 27, Alaska Rules of Criminal Procedures, and Rule 21, Alaska Delinquency Rules; and providing for an effective date." Chapter 65, SLA 2005 Effective Date: 07/14/2005 HB 88 Message dated July 13 and received July 14, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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." Chapter 66, SLA 2005 Effective Date: 07/14/2005 2005-09-15 Senate Journal Page 1791 HB 131 Message dated July 13 and received July 14, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 131 "An Act increasing the criminal classification of theft of an access device and of obtaining an access device or identification documents by fraudulent means; increasing the criminal classification for certain cases of fraudulent use of an access device; and providing for an effective date." Chapter 67, SLA 2005 Effective Date: 07/14/2005 HB 136 Message dated July 13 and received July 14, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 136 "An Act restricting the authority of a court to suspend execution of a sentence or grant probation in prosecutions for driving while under the influence and prosecutions for refusal to submit to a chemical test; and allowing a court to suspend up to 75 percent of the minimum fines required for driving while under the influence and for refusal to submit to a chemical test if the defendant successfully completes a court-ordered treatment program." Chapter 68, SLA 2005 Effective Date: 10/11/2005 SB 135 Message dated July 13 and received July 14, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 2005-09-15 Senate Journal Page 1792 CS FOR SENATE BILL NO. 135(JUD)(efd am) "An Act relating to the crimes of assault and custodial interference; and providing for an effective date." Chapter 69, SLA 2005 Effective Date: 07/14/2005 SB 154 Message dated July 13 and received July 14, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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." Chapter 70, SLA 2005 Effective Date: 07/14/2005 HB 85 Message dated July 14 and received July 15, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 85(JUD) "An Act relating to self-administration and documentation of certain types of medication prescribed to a child attending school." Chapter 71, SLA 2005 Effective Date: 10/12/2005 HB 116 Message dated July 14 and received July 15, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 2005-09-15 Senate Journal Page 1793 SENATE CS FOR CS FOR HOUSE BILL NO. 116(JUD) am S "An Act relating to the liability of certain persons for certain violations of alcoholic beverages laws; and providing for an effective date." Chapter 72, SLA 2005 Effective Date: 07/15/2005 HB 120 Message dated July 14 and received July 15, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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." Chapter 73, SLA 2005 Effective Date: See Chapter HB 169 Message dated July 14 and received July 15, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 169(FIN) "An Act relating to the educational requirements for certain real estate brokers, associate brokers, and salespersons with new or suspended licenses; relating to review of real estate transactions by attorneys or associate brokers; relating to the requirements for a real estate broker license and an associate real estate broker license; and providing for an effective date." Chapter 74, SLA 2005 Effective Date: See Chapter 2005-09-15 Senate Journal Page 1794 HB 213 Message dated July 14 and received July 15, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 213 "An Act relating to alcohol server education." Chapter 75, SLA 2005 Effective Date: 10/12/2005 HB 225 Message dated July 14 and received July 15, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 225(HES) "An Act relating to medical examiners and medical death examinations." Chapter 76, SLA 2005 Effective Date: 10/12/2005 HB 229 Message dated July 14 and received July 15, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 229 "An Act relating to the reinstatement of Native corporations; and providing for an effective date." Chapter 77, SLA 2005 Effective Date: 07/15/2005 SB 22 Message dated July 14 and received July 15, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 2005-09-15 Senate Journal Page 1795 CS FOR SENATE BILL NO. 22(FIN) "An Act adding birthing centers to the list of health facilities eligible for payment of medical assistance for needy persons." Chapter 78, SLA 2005 Effective Date: 10/12/2005 HB 197 Message dated July 19 and received July 20, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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." Chapter 79, SLA 2005 Effective Date: 07/20/2005 SB 158 Message dated July 19 and received July 20, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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." Chapter 80, SLA 2005 Effective Date: 07/20/2005 2005-09-15 Senate Journal Page 1796 HB 286 Message dated July 21 and received July 26, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 286(RES) "An Act amending the manner of determining the royalty received by the state on gas production by directing the commissioner of natural resources to accept, under certain circumstances, the transfer price of the gas if established by transfer price order of the Regulatory Commission of Alaska; extending and amending the requirements applicable to the credit that may be claimed for certain oil and gas exploration expenses incurred in Cook Inlet against oil and gas properties production (severance) taxes, and amending the credit against those taxes for certain exploration expenditures from leases or properties in the state; and providing for an effective date." Chapter 81, SLA 2005 Effective Date: 07/22/2005 HB 184 Message dated July 21 and received July 26, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 184(JUD) am S "An Act relating to firearms." Chapter 82, SLA 2005 Effective Date: 10/19/2005 HB 201 Message dated July 21 and received July 26, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 2005-09-15 Senate Journal Page 1797 HOUSE BILL NO. 201 "An Act relating to an application for a permanent fund dividend for a member of the armed forces of the United States serving on active duty outside of the state; and providing for an effective date." Chapter 83, SLA 2005 Effective Date: 01/01/2006 HB 76 Message dated July 25 and received July 26, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 76(FIN) "An Act relating to the Big Game Commercial Services Board and to the regulation of big game hunting services and transportation services; and providing for an effective date." Chapter 84, SLA 2005 Effective Date: See Chapter HB 230 Message dated July 27 and received July 28, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 230 "An Act authorizing the making of loans for upgrade of commercial fishing tender vessels and gear." Chapter 85, SLA 2005 Effective Date: 10/25/2005 SB 128 Message dated July 27 and received July 28, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 2005-09-15 Senate Journal Page 1798 SENATE BILL NO. 128 am "An Act relating to consideration by the Local Boundary Commission of a requested borough incorporation." Chapter 86, SLA 2005 Effective Date: 10/25/2005 HB 75 Message dated August 5 and received August 8, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) "An Act relating to the powers and duties of the commissioner of fish and game, Board of Fisheries, and Board of Game in promoting and preserving fishing, hunting, and trapping in the state." Chapter 87, SLA 2005 Effective Date: 11/03/2005 HB 216 Message dated August 4 and received August 10, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 216(L&C)(title am) "An Act relating to policy forms and rates that require filing; requiring the filing of certain rates, rating schedules, loss cost adjustments, and rating plans with the director of the division of insurance; establishing a procedure for the director of the division of insurance to obtain additional supporting information from an insurer for a filing; relating to an application for a rate other than that in an applicable rate filing; requiring prior approval for certain rating systems and the procedure for approving a filing; providing for the issuance of orders relating to nonconforming filings after a hearing; relating to the regulation of joint underwriting and joint reinsurance; relating to flex rating; relating to file and use, filing of rates, supplementary rate information, and supporting information; 2005-09-15 Senate Journal Page 1799 authorizing the director of the division of insurance to require prior approval; relating to form filing subject to prior approval and form filing subject to file and use; and providing for penalties relating to file and use." Chapter 88, SLA 2005 Effective Date: 11/02/2005 HB 106 Message dated August 8 and received August 12, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 106(FIN) "An Act establishing the senior care program and relating to that program; creating a fund for the provision of the senior care program; repealing ch. 3, SLA 2004; and providing for an effective date." Chapter 89, SLA 2005 Effective Date: See Chapter HB 182 Message dated August 9 and received August 12, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 182(FIN)(efd fld) "An Act amending the Alaska Wage and Hour Act as it relates to the employment of a person acting in a supervisory capacity or in an administrative, executive, or professional capacity; relating to definitions under the Alaska Wage and Hour Act and providing definitions for persons employed in administrative, executive, and professional capacities, for persons working in the capacity of an outside salesman, for persons working in the capacity of a salesman employed on a straight commission basis, and for persons that perform computer-related occupations; directing retrospective application of the provisions of this Act to work performed before the effective date of this Act for purposes of claims 2005-09-15 Senate Journal Page 1800 filed on or after the effective date of this Act, and disallowing retrospective application for purposes of claims for that work that are filed before the effective date of this Act." Chapter 90, SLA 2005 Effective Date: 11/07/2005 HB 33 Message dated August 9 and received August 12, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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." Chapter 91, SLA 2005 Effective Date: 01/01/2006 HB 156 Message dated August 19 and received August 23, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 156(FIN) "An Act relating to the membership and duties of and quorum requirements for the Alaska Commission on Aging; and providing for an effective date." 2005-09-15 Senate Journal Page 1801 Chapter 92, SLA 2005 Effective Date: 08/20/2005 HB 256 Message dated August 23 and received August 26, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 256 "An Act naming the Ruth Burnett Sport Fish Hatchery in Fairbanks." Chapter 93, SLA 2005 Effective Date: 11/21/2005 SB 147 Message dated August 23 and received August 26, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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." Chapter 94, SLA 2005 Effective Date: 11/21/2005 SB 110 Message dated August 27 and received September 1, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 2005-09-15 Senate Journal Page 1802 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." Chapter 95, SLA 2005 Effective Date: 11/25/2005 HB 178 Message dated August 27 and received September 1, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 178(STA) am "An Act relating to special motor vehicle registration plates; and providing for an effective date." Chapter 96, SLA 2005 Effective Date: 08/28/2005 SB 140 Message dated August 30 and received September 1, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 140(RLS) "An Act relating to computers, computer communications, and the Internet." Chapter 97, SLA 2005 Effective Date: 11/28/2005 HB 1 Message dated July 22 and received July 26, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 2005-09-15 Senate Journal Page 1803 CONFERENCE CS FOR HOUSE BILL NO. 1 "An Act relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date." Chapter 6, FSSLA 2005 Effective Date: 07/23/2005 SB 73 Message dated July 22 and received July 26, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR SENATE BILL NO. 73 "An Act relating to reimbursement of municipal bonds for school construction; relating to a lease- purchase agreement for the construction, equipping, and financing of a state virology laboratory in Fairbanks to be operated by the Department of Health and Social Services; relating to the issuance of certificates of participation for the laboratory; relating to the use of certain investment income for certain construction and equipment costs for the laboratory; and providing for an effective date." Chapter 7, FSSLA 2005 Effective Date: 07/23/2005 HB 130 Message dated July 25 and received July 26, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 130(efd fld S) "An Act relating to the grant of certain state land to the University of Alaska; relating to the duties of the Board of Regents; and establishing the university research forest." Chapter 8, FSSLA 2005 Effective Date: 10/23/2005 2005-09-15 Senate Journal Page 1804 SB 141 Message dated July 27 and received July 28, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: FREE CONFERENCE CS FOR SENATE BILL NO. 141(2d FCC) "An Act relating to the teachers' and public employees' retirement systems and creating defined contribution and health reimbursement plans for members of the teachers' retirement system and the public employees' retirement system who are first hired after July 1, 2006; 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." Chapter 9, FSSLA 2005 Effective Date: See Chapter SB 130 Message dated August 9 and received August 12, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: FREE CONFERENCE CS FOR SENATE BILL NO. 130(efd pfld 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." 2005-09-15 Senate Journal Page 1805 Chapter 10, FSSLA 2005 Effective Date: See Chapter HCR 17 Message dated and received September 1, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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. Legislative Resolve No. 23 HCR 21 Message dated and received September 1, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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. Legislative Resolve No. 24 SCR 14 Message dated and received September 1, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 14 am H Relating to the Advisory Commission on Local Government. Legislative Resolve No. 25 2005-09-15 Senate Journal Page 1806 HCR 101 Message dated and received September 1, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 101 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 46, making appropriations, including capital appropriations; and making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund. Legislative Resolve No. 27 Unfinished Business SCR 14 Memorandum dated August 19 was received, stating President Stevens made the following appointments: Advisory Commission on Local Government Senator Gary Stevens Senator Stedman Senator Wagoner Public Members: Marvin Yoder Lisa Von Bargen Scott Brandt-Erichsen HR 10 Memorandum dated July 12 was received, stating President Stevens made the following appointments: Task Force on School District Cost Factors Senator Wilken Senator Green Senator Bunde 2005-09-15 Senate Journal Page 1807 SB 130 Memorandum dated September 2 was received, stating in conjunction with the Speaker of the House, President Stevens made the following appointments: Task Force on Worker's Compensation Senator Seekins Representative Lynn Senator Guess Public Members John Duddy, M.D., Alaska State Medical Association Rod Betit, Alaska Hospital and Nursing Home Association Michael Jensen, Employee Workers' Compensation Attorney Trena Heikes, Employer Workers' Compensation Attorney Kevin Dougherty, Representative of Organized Labor Ted Quinn, Unorganized Employee Representative Constance Livsey, Insurance Industry Representative Jamie Slack, Self-Insured Employer Representative Linda Lewis, Small Business (fewer than 100 employees) Everett Billingslea, Larger Business (greater than 99 employees) 2005-09-15 Senate Journal Page 1808 Index to Partially Vetoed Bills HB 67 CONFERENCE CS FOR HOUSE BILL NO. 67(brf sup maj fld H) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." Partially Vetoed on 6/28/05...................1772.................. 07/01/05 Chapter No. Assigned...........................1772.................. 07/01/05 SB 46 HOUSE CS FOR 2d CS FOR SENATE BILL NO. 46(FIN) am H(brf sup maj pfld H) "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, reappropriations, and appropriations to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." Partially Vetoed on 6/28/05...................1766.................. 07/01/05 Chapter No. Assigned...........................1767.................. 07/01/05 SB 98 CONFERENCE CS FOR SENATE BILL NO. 98 "An Act making supplemental appropriations, capital appropriations, and other appropriations; amending appropriations; making appropriations to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." Partially Vetoed on 4/07/05....................838.................. 04/08/05 Chapter No. Assigned............................838.................. 04/08/05 This final supplement of the Senate Journal completes the official record of the First Session and the First Special Session of the Twenty- fourth Legislature. 2005-09-15 Senate Journal Page 1809 Kirsten Waid Secretary of the Senate September 2005