Legislature(2005 - 2006)

2005-04-29 Senate Journal

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2005-04-29                     Senate Journal                      Page 1205
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                      Friday                    April 29, 2005                      
                                                                                                    
                            One Hundred Tenth Day                                                
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 3:58 p.m. The Senate was convened for the purpose of a                                   
technical session.                                                                                  
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
roll call of the Senate be waived and all members be shown as present.                              
Without objection, it was so ordered.                                                               
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
Message regarding a Kaktovik Winter Storm Updated Financing Plan,                                   
dated April 12, 2005, was received pursuant to AS 26.23.025. The                                    
message, enclosed amended financial plan, and federal declaration and                               
fact sheet had been copied to the Finance Committee Cochairs.                                       
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 51                                                                                             
Message dated April 28 was read, stating the House passed and                                       
returned:                                                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 51(FIN) "An Act                                                    
          relating to contracts for the provision of state public                                   
          assistance to certain recipients in the state; providing                                  
           for  regional  public  assistance plans and programs in                                 
                                                                                                    
                                                                                                    

2005-04-29                     Senate Journal                      Page 1206
          the state; relating to grants for Alaska Native family                                    
          assistance programs; relating to assignment of child                                      
          support by Alaska Native family assistance                                                
          recipients; relating to paternity determinations and                                      
          genetic testing involving recipients of assistance                                        
          under Alaska Native family assistance programs; and                                       
          providing for an effective date."                                                         
                                                                                                    
The bill was referred to the Secretary for enrollment.                                              
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
Report dated April 28 was read, stating:                                                            
                                                                                                    
In accordance with AS 39.05.080, the Senate Labor and Commerce                                      
Committee reviewed the following and recommends the appointments                                    
be forwarded to a joint session for consideration:                                                  
                                                                                                    
Alcoholic Beverage Control Board                                                                  
Michael Gordon - Anchorage                                                                          
William Tull - Palmer                                                                               
                                                                                                    
Board of Marine Pilots                                                                            
Dale Collins - Ketchikan                                                                            
                                                                                                    
Real Estate Commission                                                                            
Gene DuVal - Fairbanks                                                                              
Roger Stone - Ketchikan                                                                             
                                                                                                    
There were no stated objections to the confirmation of the named                                    
individuals by committee members. This does not reflect intent by any                               
of the members to vote for or against the individuals during any future                             
sessions.                                                                                           
                                                                                                    
Signing the report: Senator Seekins, Chair, Senator Ben Stevens, Vice                               
Chair; Senators Ellis, Davis.                                                                       
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-29                     Senate Journal                      Page 1207
SB 20                                                                                             
The Finance Committee considered SENATE BILL NO. 20 "An Act                                         
relating to offenses against unborn children" and recommended the                                   
adoption of the Judiciary Committee Substitute offered on page 1076.                                
Signing do pass: Senator Green, Cochair; Senator Dyson. Signing no                                  
recommendation: Senator Wilken, Cochair; Senators Hoffman, Olson.                                   
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Public Safety                                               
 Fiscal Note No. 2, indeterminate, Department of Administration                                     
 Fiscal Note No. 3, zero, Department of Corrections                                                 
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 121                                                                                            
The State Affairs Committee considered SENATE BILL NO. 121 "An                                      
Act establishing the State of Alaska Capital Corporation; authorizing                               
the issuance of bonds by the State of Alaska Capital Corporation to                                 
finance capital improvements in the state; and providing for an                                     
effective date." Signing no recommendation: Senator Therriault,                                     
Chair; Senators Elton, Wagoner, Huggins, Davis.                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 122                                                                                            
The State Affairs Committee considered SENATE BILL NO. 122 "An                                      
Act establishing the Alaska capital income account within the Alaska                                
permanent fund; relating to deposits into the account; relating to                                  
certain transfers regarding the Amerada Hess settlement to offset the                               
effects of inflation on the Alaska permanent fund; and providing for an                             
effective date." Signing no recommendation: Senator Therriault,                                     
Chair; Senators Elton, Wagoner, Huggins, Davis.                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Revenue                                                     
                                                                                                    
The bill was referred to the Finance Committee.                                                     

2005-04-29                     Senate Journal                      Page 1208
SB 164                                                                                            
The Finance Committee considered SENATE BILL NO. 164 "An Act                                        
relating to the salmon product development tax credit; providing for an                             
effective date by amending an effective date in sec. 7, ch. 57, SLA                                 
2003; and providing for an effective date" and recommended it be                                    
replaced with                                                                                       
                                                                                                    
          CS FOR SENATE BILL NO. 164(FIN)                                                           
                                                                                                    
Signing do pass: Senator Green, Cochair; Senators Hoffman, Dyson.                                   
Signing no recommendation: Senator Wilken, Cochair; Senator Olson.                                  
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 175                                                                                            
The Finance Committee considered SENATE BILL NO. 175 "An Act                                        
relating to dispensing opticians, to dispensing optician apprentices, to                            
the Board of Dispensing Opticians, and to the practice of dispensing                                
opticianry; and providing for an effective date" and recommended it be                              
replaced with                                                                                       
                                                                                                    
          CS FOR SENATE BILL NO. 175(FIN)                                                           
                                                                                                    
Signing do pass: Senators Green, Wilken, Cochairs; Senators                                         
Hoffman, Olson.                                                                                     
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Commerce, Community and                                           
       Economic Development                                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 183                                                                                            
The Transportation Committee considered SENATE BILL NO. 183                                         
"An Act relating to encroachments in the right-of-way of a highway"                                 
and recommended it be replaced with                                                                 
                                                                                                    

2005-04-29                     Senate Journal                      Page 1209
          CS FOR SENATE BILL NO. 183(TRA)                                                           
                                                                                                    
Signing do pass: Senator Huggins, Chair; Senator Cowdery. Signing                                   
no recommendation: Senators French, Kookesh, Therriault.                                            
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Transportation and Public                                         
       Facilities                                                                                   
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 61                                                                                             
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 61(FIN) "An Act relating to Calcutta pools and crane                                       
classics as authorized forms of charitable gaming" and recommended                                  
it be replaced with                                                                                 
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          61(L&C)                                                                                   
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senator Ben Stevens. Signing                               
no recommendation: Senators Ellis, Davis.                                                           
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 2, Department of Revenue                                                           
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
HB 97                                                                                             
Forthcoming Finance Senate Committee Substitute (page 1186) 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 received today:                                            
                                                                                                    
                     SENATE CS FOR CS FOR HOUSE BILL NO.                                           
          97(FIN)                                                                                   
                                                                                                    

2005-04-29                     Senate Journal                      Page 1210
HB 181                                                                                            
The State Affairs Committee considered 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." Signing do pass: Senator Therriault, Chair;                                 
Senators Elton, Wagoner, Huggins, Davis.                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Commerce, Community                                         
       and Economic Development                                                                     
         Fiscal Note No. 2, zero, Department of Military and Veterans                              
       Affairs                                                                                      
                                                                                                    
The bill was referred to the Labor and Commerce Committee.                                          
                                                                                                    
HB 201                                                                                            
The State Affairs Committee considered 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." Signing                            
do pass: Senator Therriault, Chair; Senators Elton, Wagoner, Huggins,                               
Davis.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Revenue                                                     
                                                                                                    
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
HB 211                                                                                            
The Labor and Commerce Committee considered CS FOR HOUSE                                            
BILL NO. 211(FIN) "An Act extending the termination date of the                                     
Board of Dental Examiners; and relating to dentists and dental                                      
hygienists." Signing do pass: Senator Seekins, Chair; Senators Davis,                               
Ben Stevens. Signing no recommendation: Senator Ellis.                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Commerce, Community and                                           
       Economic Development                                                                         
                                                                                                    
The bill was referred to the Finance Committee.                                                     

2005-04-29                     Senate Journal                      Page 1211
HB 216                                                                                            
The Labor and Commerce Committee considered 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." Signing do pass: Senator Seekins, Chair; Senator Ben                                      
Stevens. Signing no recommendation: Senators Ellis, Davis.                                          
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Commerce, Community                                         
       and Economic Development                                                                     
                                                                                                    
President Stevens removed the Finance Committee referral on the bill.                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 229                                                                                            
The State Affairs Committee considered HOUSE BILL NO. 229 "An                                       
Act relating to the reinstatement of Native corporations; and providing                             
for an effective date." Signing do pass: Senator Therriault; Chair;                                 
Senators Wagoner, Huggins. Signing no recommendation: Senator                                       
Elton.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Commerce, Community                                         
       and Economic Development                                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       

2005-04-29                     Senate Journal                      Page 1212
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
Rule 23(d) of the Alaska State Legislature Uniform Rules is currently                               
in effect.                                                                                          
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., April 30, 2005. Without                               
objection, the Senate adjourned at 4:07 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2005                       

2005-04-29                     Senate Journal                      Page 1213
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                                                                                                    
                         COMMUNITY & REGIONAL AFFAIRS                                            
                                                                                                    
Apr 29        Friday                                Beltz 211         1:30 PM                     
              -- Meeting Canceled --                                                                
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
Apr 29        Friday                    Senate Finance 532            7:30 AM                     
              <Finance Subcommittee Meeting>                                                        
              NPR-A Impact Mitigation Grants                                                        
              Presentation - Department of Commerce,                                                
              Community & Economic Development                                                      
                                                                                                    
Apr 29        Friday                    Senate Finance 532            9:00 AM                     
              -- Meeting Postponed to Call of Chair --                                              
+ HB 182 WAGE & HOUR ACT: EXEC/PROF/ADMIN/SALES/DP                                                  
+ HB  91 INDECENT EXPOSURE TO MINORS                                                                
+ SB 156 LAYOFF/NONRETENTION OF TEACHERS                                                            
+ HB 119 AK REGIONAL ECONOMIC ASSISTANCE PROGRAM                                                    
+ SB 108 INSURANCE                                                                                  
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
                                                                                                    

2005-04-29                     Senate Journal                      Page 1214
                             FINANCE (continued)                                                 
                                                                                                    
Apr 30        Saturday                  Senate Finance 532            9:00 AM                     
              -- Meeting Delayed to Call of Chair --                                                
+= HB 182 WAGE & HOUR ACT: EXEC/PROF/ADMIN/SALES/DP                                                 
+= HB  91 INDECENT EXPOSURE TO MINORS                                                               
+= SB 156 LAYOFF/NONRETENTION OF TEACHERS                                                           
+= HB 119 AK REGIONAL ECONOMIC ASSISTANCE PROGRAM                                                   
+= SB 108 INSURANCE                                                                                 
+ SB  24 REEMPLOYMENT OF RETIREES                                                                   
+ SB 138 MOTOR VEHICLE DEALER SALES                                                                 
+ SB 135 ASSAULT & CUSTODIAL INTERFERENCE                                                           
+ SB 157 REG. COST CHARGES: UTILITIES/PIPELINES                                                     
+ SB 182 STATE VETERANS' CEMETARY & FUND                                                            
+ HB 136 DRUNK DRIVING TREATMENT PROGRAM                                                            
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 02        Monday                    Senate Finance 532            6:00 PM                     
              <Finance Subcommittee Meeting>                                                        
+= HB 130 UNIVERSITY LAND GRANT/STATE FOREST                                                        
              Public testimony may be limited to 3 min.                                             
              if necessary. (The public hearing may end                                             
              prior to 9:00 pm if all public testimony                                              
              has been heard)                                                                       
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
Apr 29        Friday                          Butrovich 205           1:30 PM                     
              -- Meeting Postponed to Call of Chair --                                              
+ HB 214 ANATOMICAL GIFTS & REGISTRY                                                                
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 02        Monday                          Butrovich 205           1:30 PM                     
+ HB  53 CHILDREN IN NEED OF AID/REVIEW PANELS                                                      
              <Pending Referral>                                                                    
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 04        Wednesday                       Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 06        Friday                          Butrovich 205           1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      

2005-04-29                     Senate Journal                      Page 1215
                                  JUDICIARY                                                      
                                                                                                    
Apr 29        Friday                          Butrovich 205           8:30 AM                     
               -- Recessed to a Call of the Chair --                                                
              Bills Previously Heard/Scheduled                                                      
+= SB 127 EXEC. BRANCH ETHICS: FINANCIAL INTERESTS                                                  
+= SB 186 EXECUTIVE BRANCH ETHICS                                                                   
+= SB 187 LEGISLATIVE ETHICS/MEETINGS                                                               
                                                                                                    
Apr 30        Saturday                        Butrovich 205           9:00 AM                     
              -- Time Change --                                                                     
+= SB 125 LICENSING MEDICAL OR CARE FACILITIES                                                      
+= SB 127 EXEC. BRANCH ETHICS: FINANCIAL INTERESTS                                                  
+ SB 165 CARD ROOMS & OPERATIONS                                                                    
+= SB 186 EXECUTIVE BRANCH ETHICS                                                                   
+= SB 187 LEGISLATIVE ETHICS/MEETINGS                                                               
+ SJR 15 BAN LAWSUITS AGAINST FIREARMS INDUSTRY                                                     
+ HB  33 EFFECT OF REGULATIONS ON SMALL BUSINESSES                                                  
+= HB  81 CONTRACTOR LICENSE ENFORCEMENT                                                            
+= HB 149 CONTROLLED SUBSTANCES                                                                     
+ HB 183 CAMPAIGN FINANCE: SHARED EXPENSES/LISTS                                                    
+= HB 184 MUNICIPAL FIREARM ORDINANCES                                                              
+ HB 210 BLOODBORNE PATHOGEN TESTING                                                                
              <Bill listing does not indicate the order                                             
              in which each will be taken up>                                                       
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               LABOR & COMMERCE                                                  
                                                                                                    
May 03        Tuesday                               Beltz 211         1:30 PM                     
+ HB 123 OCCUPATIONAL BDS:EXTENSION/RECEIPTS/PSYCH                                                  
+= HB 169 REAL ESTATE LICENSEES                                                                     
+ SB 180 PERSONAL INFORMATION SECURITY/SS#                                                          
              Bills Previously Heard/Scheduled                                                      
              Including But Not Limited to:                                                         
                                                                                                    
May 05        Thursday                              Beltz 211         1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
              Including But Not Limited to:                                                         
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    

2005-04-29                     Senate Journal                      Page 1216
                                  RESOURCES                                                      
                                                                                                    
Apr 29        Friday                          Butrovich 205           3:30 PM                     
               -- Recessed to a Call of the Chair --                                                
+ SCR  8 COOK INLET GAS GATHERING SYSTEM COMPLAINT                                                  
              <SCR 8 Bill Hearing Canceled>                                                         
+ SCR  9 SUPPORTING KENSINGTON GOLD MINE                                                            
+             Bills Previously Heard/Scheduled                                                      
+= HB  71 OIL& GAS EXPLORATION CREDIT & LEASE TERMS                                                 
              <Pending Referral>                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                STATE AFFAIRS                                                    
                                                                                                    
May 03        Tuesday                               Beltz 211         3:30 PM                     
+ SB 189 REQUIREMENTS FOR DRIVER'S LICENSE/I.D.                                                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                    CONFERENCE COMMITTEE ON HB 66 & HB 67                                        
                                                                                                    
Apr 29        Friday                    Senate Finance 532            3:30 PM                     
              -- Meeting Canceled --                                                                
= HB  66 APPROP: MENTAL HEALTH BUDGET                                                               
= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF                                                   
              The Committee will take up the following                                              
              departments:                                                                          
              Fish & Game                                                                           
              Labor                                                                                 
              Corrections                                                                           
              Law                                                                                   
              Military/Vets                                                                         
              Natural Resources                                                                     
              Public Safety                                                                         
              Previously heard depts w/ open items.                                                 
                                                                                                    
Apr 30        Saturday                  Senate Finance 532           12:00 PM                     
= HB  66 APPROP: MENTAL HEALTH BUDGET                                                               
= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF                                                   
              Departments TBA                                                                       
                   ----------------------------------------                                        

2005-04-29                     Senate Journal                      Page 1217
                         JOINT COMMITTEES (continued)                                            
                                                                                                    
                             LEGISLATIVE COUNCIL                                                 
                                                                                                    
May 06        Friday                    Senate Finance 532            5:00 PM                     
              Agenda TBA                                                                            
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                       JOINT LEGISLATIVE HEALTH CAUCUS                                           
                                                                                                    
May 02        Monday                       Fahrenkamp 203            12:00 PM                     
              "Cover the Uninsured Week 2005"                                                       
              A healthy lunch will be served.                                                       
                   ----------------------------------------                                        
                                                                                                    
                                JOINT SESSION                                                    
                                                                                                    
May 05        Thursday                     House Chamber            11:00 AM                      
              Governor's Appointees                                                                 
                   ----------------------------------------                                        
                                                                                                    
                            MISCELLANEOUS MEETINGS                                               
                                                                                                    
Apr 30        Saturday                     Senate Chamber           11:00 AM                      
              TECHNICAL SESSION IN THE SENATE                                                       
                                                                                                    
May 01        Sunday                       Senate Chamber           11:00 AM                      
              TECHNICAL SESSION IN THE SENATE                                                       
                                                                                                    
May 02        Monday                       Senate Chamber           11:00 AM                      
              TECHNICAL SESSION IN THE SENATE