Legislature(2005 - 2006)
2005-09-15 House Journal
Full Journal pdf2005-09-15 House Journal Page 2175 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE FIRST SESSION AND FIRST SPECIAL SESSION Juneau, Alaska Thursday September 15, 2005 Final Supplement ENROLLMENT HB 54 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:40 p.m., July 5, 2005: 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." HB 85 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:40 p.m., July 5, 2005: 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." 2005-09-15 House Journal Page 2176 HB 88 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:40 p.m., July 5, 2005: 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." HB 116 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:40 p.m., July 5, 2005: 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." HB 120 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:40 p.m., July 5, 2005: 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." 2005-09-15 House Journal Page 2177 HB 136 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:40 p.m., July 5, 2005: 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." HB 169 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:40 p.m., July 5, 2005: 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." The following memorandum, dated May 31, 2005, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest error in CSHB 169(FIN), which has been corrected in enrolling: Page 6, line 30: Delete "and" Insert "[AND]"" 2005-09-15 House Journal Page 2178 HB 213 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:40 p.m., July 5, 2005: HOUSE BILL NO. 213 "An Act relating to alcohol server education." HB 225 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:40 p.m., July 5, 2005: SENATE CS FOR HOUSE BILL NO. 225(HES) "An Act relating to medical examiners and medical death examinations." HB 229 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:40 p.m., July 5, 2005: HOUSE BILL NO. 229 "An Act relating to the reinstatement of Native corporations; and providing for an effective date." HB 230 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:40 p.m., July 5, 2005: HOUSE BILL NO. 230 "An Act authorizing the making of loans for upgrade of commercial fishing tender vessels and gear." 2005-09-15 House Journal Page 2179 ENGROSSMENT AND ENROLLMENT HB 1 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:25 a.m., July 13, 2005: 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." ENROLLMENT HB 197 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:25 a.m., July 13, 2005: 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." MESSAGES FROM THE GOVERNOR HB 54 A message dated July 13, 2005, was received stating the Governor has signed the following bill and is transmitting 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 2005-09-15 House Journal Page 2180 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 No. 65, SLA 2005 Effective Date: July 14, 2005 HB 88 A message dated July 13, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 66, SLA 2005 Effective Date: July 14, 2005 HB 131 A message dated July 13, 2005, was received stating the Governor has signed the following bill and is transmitting 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." 2005-09-15 House Journal Page 2181 Chapter No. 67, SLA 2005 Effective Date: July 14, 2005 HB 136 A message dated July 13, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 68, SLA 2005 Effective Date: October 11, 2005 SB 135 A message dated July 13, 2005, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 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 No. 69, SLA 2005 Effective Date: July 14, 2005 SB 154 A message dated July 13, 2005, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 2005-09-15 House Journal Page 2182 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 No. 70, SLA 2005 Effective Date: July 14, 2005 HB 85 A message dated July 14, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 71, SLA 2005 Effective Date: October 12, 2005 HB 116 A message dated July 14, 2005, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 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 No. 72, SLA 2005 Effective Date: See Chapter HB 120 A message dated July 14, 2005, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 2005-09-15 House Journal Page 2183 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 No. 73, SLA 2005 Effective Date: July 15, 2005 HB 169 A message dated July 14, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 74, SLA 2005 Effective Date: See Chapter HB 213 A message dated July 14, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 75, SLA 2005 Effective Date: October 12, 2005 HB 225 A message dated July 14, 2005, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 2005-09-15 House Journal Page 2184 SENATE CS FOR HOUSE BILL NO. 225(HES) "An Act relating to medical examiners and medical death examinations." Chapter No. 76, SLA 2005 Effective Date: October 12, 2005 HB 229 A message dated July 14, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 77, SLA 2005 Effective Date: July 15, 2005 SB 22 A message dated July 14, 2005, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 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 No. 78, SLA 2005 Effective Date: October 12, 2005 ENGROSSMENT AND ENROLLMENT HB 130 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:03 p.m., July 15, 2005: 2005-09-15 House Journal Page 2185 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." ENROLLMENT HB 75 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:03 p.m., July 15, 2005: 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." HB 76 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:03 p.m., July 15, 2005: 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." The following memorandum, dated May 21, 2005, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in SCS CSHB 76(FIN), which have been corrected in enrolling: 2005-09-15 House Journal Page 2186 Page 11, line 21: Delete "an" Insert "[AN]" Page 11, line 27: Delete "guide" Insert "guide-outfitter" Page 11, line 29: Delete "guide" Insert "guide-outfitter" Page 12, line 1: Delete "guide" Insert "guide-outfitter" Page 12, line 3: Delete "guide" Insert "guide-outfitter" Page 12, line 4: Delete "guide" Insert "guide-outfitter" Page 12, line 10: Delete "guide" Insert "guide-outfitter" Page 16, line 14: Delete "service" Insert "services [SERVICE]" Page 18, line 19: Delete "guide" Insert "guide-outfitter" Page 19, line 20: Delete "guide" Insert "guide-outfitter" 2005-09-15 House Journal Page 2187 Page 19, line 29: Delete "guide" Insert "guide-outfitter" Page 20, line 1, following "productivity": Insert "of" Page 27, line 22: Delete "Service" Insert "Services" Page 29, line 6: Delete "commissioner of community and economic development" Insert "commissioner of commerce, community, and economic development"" HB 184 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:03 p.m., July 15, 2005: SENATE CS FOR HOUSE BILL NO. 184(JUD) am S "An Act relating to firearms." The following memorandum, dated May 19, 2005, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in SCS HB 184(JUD) am S, which have been corrected in enrolling: Page 2, line 4: Delete "subsection" Page 2, line 6: Delete "(2)"" 2005-09-15 House Journal Page 2188 HB 201 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:03 p.m., July 15, 2005: 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." HB 286 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:03 p.m., July 15, 2005: 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." MESSAGES FROM THE GOVERNOR A Declaration of Disaster Emergency dated July 20, 2005, with an accompanying letter was received and is on file in the Chief Clerk's office. The Declaration and letter had been copied to the Finance Committee. 2005-09-15 House Journal Page 2189 HB 197 A message dated July 19, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 79, SLA 2005 Effective Date: July 20, 2005 SB 158 A message dated July 19, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 80, SLA 2005 Effective Date: July 20, 2005 HB 184 A message dated July 21, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 82, SLA 2005 Effective Date: October 19, 2005 2005-09-15 House Journal Page 2190 HB 201 A message dated July 21, 2005, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 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 No. 83, SLA 2005 Effective Date: January 1, 2006 HB 286 A message dated July 21, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 81, SLA 2005 Effective Date: July 22, 2005 HB 1 A message dated July 22, 2005, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 2005-09-15 House Journal Page 2191 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 No. 6, FSSLA 2005 Effective Date: July 23, 2005 SB 73 A message dated July 22, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 7, FSSLA 2005 Effective Date: July 23, 2005 HB 76 A message dated July 25, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 84, SLA 2005 Effective Date: See Chapter 2005-09-15 House Journal Page 2192 HB 130 A message dated July 25, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 8, FSSLA 2005 Effective Date: October 23, 2005 HB 230 A message dated July 27, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 85, SLA 2005 Effective Date: October 25, 2005 SB 128 A message dated July 27, 2005, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 128 am "An Act relating to consideration by the Local Boundary Commission of a requested borough incorporation." Chapter No. 86, SLA 2005 Effective Date: October 25, 2005 2005-09-15 House Journal Page 2193 SB 141 A message dated July 27, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 9, FSSLA 2005 Effective Date: See Chapter ENROLLMENT HB 216 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 7:12 a.m., August 4, 2005: 2005-09-15 House Journal Page 2194 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; 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." The following memorandum, dated May 18, 2005, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in CSHB 216(L&C)(title am), which have been corrected in enrolling: Page 2, line 4: Delete "AS 21.39.220" Insert "21.39.220" Page 6, line 11: Delete "under"" HB 33 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:42 a.m., August 4, 2005: 2005-09-15 House Journal Page 2195 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." HB 106 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:42 a.m., August 4, 2005: 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." HB 182 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:42 a.m., August 4, 2005: 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 2005-09-15 House Journal Page 2196 performed before the effective date of this Act for purposes of claims 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." The following memorandum, dated May 26, 2005, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in CSHB 182(FIN)(efd fld), which have been corrected in enrolling: Page 4, line 31: Delete "shipment" Insert "shipments" Delete "service" Insert "services"" MESSAGES FROM THE GOVERNOR HB 216 A message dated August 4, 2005, was received stating the Governor has signed the following bill and is transmitting 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 2005-09-15 House Journal Page 2197 supporting information; 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 No. 88, SLA 2005 Effective Date: November 2, 2005 HB 75 A message dated August 5, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 87, SLA 2005 Effective Date: November 3, 2005 HB 106 A message dated August 8, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 89, SLA 2005 Effective Date: See Chapter 2005-09-15 House Journal Page 2198 HB 33 A message dated August 9, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 91, SLA 2005 Effective Date: January 1, 2006 HB 182 A message dated August 9, 2005, was received stating the Governor has signed the following bill and is transmitting 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 filed on or after the effective date of this Act, and 2005-09-15 House Journal Page 2199 disallowing retrospective application for purposes of claims for that work that are filed before the effective date of this Act." Chapter No. 90, SLA 2005 Effective Date: November 7, 2005 SB 130 A message dated August 9, 2005, was received stating the Governor has signed the following bill and is transmitting 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." Chapter No. 10, FSSLA 2005 Effective Date: See Chapter ENROLLMENT HB 156 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:45 p.m., August 10, 2005: 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." HB 178 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:45 p.m., August 10, 2005: 2005-09-15 House Journal Page 2200 CS FOR HOUSE BILL NO. 178(STA) am "An Act relating to special motor vehicle registration plates; and providing for an effective date." The following memorandum, dated May 31, 2005, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest error in CSHB 178(STA) am, which has been corrected in enrolling: Page 3, line 10: Delete "such plates shall not be displayed on any vehicle which" Insert "the plates may not be displayed on a vehicle that"" HB 256 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:45 p.m., August 10, 2005: HOUSE BILL NO. 256 "An Act naming the Ruth Burnett Sport Fish Hatchery in Fairbanks." MESSAGES FROM THE GOVERNOR HB 156 A message dated August 19, 2005, was received stating the Governor has signed the following bill and is transmitting 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 House Journal Page 2201 Chapter No. 92, SLA 2005 Effective Date: August 20, 2005 HB 256 A message dated August 23, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 93, SLA 2005 Effective Date: November 21, 2005 SB 147 A message dated August 23, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 94, SLA 2005 Effective Date: November 21, 2005 HB 178 A message dated August 27, 2005, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 2005-09-15 House Journal Page 2202 CS FOR HOUSE BILL NO. 178(STA) am "An Act relating to special motor vehicle registration plates; and providing for an effective date." Chapter No. 96, SLA 2005 Effective Date: August 28, 2005 SB 110 A message dated August 27, 2005, was received stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 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 No. 95, SLA 2005 Effective Date: November 25, 2005 SB 140 A message dated August 30, 2005, was received stating the Governor has signed the following bill and is transmitting 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 No. 97, SLA 2005 Effective Date: November 28, 2005 HCR 17 A message dated September 1, 2005, was received stating the Governor has read the following resolution and has transmitted the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 2005-09-15 House Journal Page 2203 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 A message dated September 1, 2005, was received stating the Governor has read the following resolution and has 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 HCR 101 A message dated September 1, 2005, was received stating the Governor has read the following resolution and has 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 SCR 14 A message dated September 1, 2005, was received stating the Governor has read the following resolution and has transmitted the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 2005-09-15 House Journal Page 2204 SENATE CONCURRENT RESOLUTION NO. 14 am H Relating to the Advisory Commission on Local Government. Legislative Resolve No. 25 UNFINISHED BUSINESS HCR 20 HOUSE CONCURRENT RESOLUTION NO. 20 was not introduced. HR 8 Pursuant to: HOUSE RESOLUTION NO. 8 am Establishing the House Task Force on Alaska Gaming Policy to consider the establishment of a gaming commission and study gaming activities in the state; and providing for a report of the findings to the Alaska Legislative Council. The Speaker made the following appointments July 21, 2005, to the task force: Representative Anderson, Chair Representative Stoltze Representative Gruenberg Jerry Burnett, Department of Revenue Chuck Edwards, Bradley House Fred Richardson, American Legion John Regan, Spenard Lions Steve Borcherding, Gold Rush Bingo Jack Powers, Powers Public Relations Devery Prince, Allstate Insurance Ron Otte, Purcell Services HR 10 Pursuant to: HOUSE RESOLUTION NO. 10 am Relating to a task force and the school district cost factor adjustments for education funding. 2005-09-15 House Journal Page 2205 The Speaker made the following appointments July 20, 2005, to the task force: Representative Chenault Representative Wilson Representative Neuman Representative Joule SCR 14 Pursuant to: SENATE CONCURRENT RESOLUTION NO. 14 am H Relating to the Advisory Commission on Local Government. The Speaker made the following appointments July 20, 2005, to the advisory committee: Representative Thomas Representative Coghill Representative Salmon SB 130 Pursuant to: 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." Messages dated July 20 and September 2, 2005, stated the Speaker and President had appointed the following to the task force: Senator Seekins Representative Lynn Senator Guess 2005-09-15 House Journal Page 2206 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 - Organized Labor Representative Ted Quinn - Unorganized Employee Representative Constance Livsey - Insurance Industry Representative Jamie Slack - Self-Insured Employer Representative Linda Lewis - Small Business Everett Billingslea - Larger Business INDEX OF BILLS WITH SPECIAL ACTION BY THE GOVERNOR 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." Line item vetoes..............................................................................2163 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." Line item vetoes..............................................................................2165 SB 98 CONFERENCE CS FOR SENATE BILL NO. 98 "An Act making supplemental appropriations, capital appropriations, and other appropriations; amending appropriations; making 2005-09-15 House Journal Page 2207 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." Line item vetoes...............................................................................956 This is the final supplemental journal for the First Session and the First Special Session of the Twenty-Fourth Alaska State Legislature. Suzi Lowell Chief Clerk