Legislature(2005 - 2006)

2005-05-01 Senate Journal

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2005-05-01                     Senate Journal                      Page 1225
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                      Sunday                       May 1, 2005                      
                                                                                                    
                           One Hundred Twelfth Day                                               
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 12:04 p.m.                                                                               
                                                                                                    
The roll showed seventeen members present. Senator Davis was                                        
excused from a call of the Senate. Senators Bunde, Green were absent.                               
                                                                                                    
The prayer was offered by the Chaplain, Senator Wagoner. Senator                                    
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
     This is a prayer written by Jon B. Walters, Church of the New                                  
     Covenant, United Methodist Church in Kenai.                                                    
                                                                                                    
     This is the day that You have made, O God, and we rejoice in                                   
     it.                                                                                            
                                                                                                    
     We come to this chamber today with many ideas and                                              
     concerns. We ask that direction and guidance be provided so                                    
     that we will seek to learn from each other, discuss with each                                  
     other and work with each other for the best interest of Your                                   
     people and our beloved state.                                                                  
                                                                                                    
     Help us to remember that we serve a higher purpose than to                                     
     make headlines for our own self-satisfaction. Help us to                                       
     remember that we are servants of a great cause which calls us                                  
     to our own highest levels of ethical behavior, common                                          
     courtesy and public etiquette.                                                                 
                                                                                                    
                                                                                                    

2005-05-01                     Senate Journal                      Page 1226
         We seek to work together to bring about a better life and a                               
           better day for our people, given the great abundance of                                 
     resources You have so generously provided.                                                     
                                                                                                    
          We give You thanks for great natural resources, for great                                
     people resources and for great spiritual resources.                                            
                                                                                                    
       Help us to use each gift wisely and to the best of our abilities                            
         as You have given us this opportunity to be the leaders of a                              
  great people, the State of Alaska.                                   Amen.                       
                                                                                                    
Senator French led the Senate in the Pledge of Allegiance.                                          
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the one hundred ninth through one hundred eleventh                                      
legislative days and Senate and House Joint Journal Supplement No. 7                                
be approved as certified by the Secretary. Without objection, it was so                             
ordered.                                                                                            
                                                                                                    
Senator Guess moved and asked unanimous consent to be excused                                       
from a call of the Senate from 5:30 p.m. to 6:30 p.m. today. Without                                
objection, Senator Guess was excused.                                                               
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in recess to a call of the Chair. Without objection, the                               
Senate recessed at 12:07 p.m.                                                                       
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 5:38 p.m.                                                                  
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that                                         
Senator Bunde be excused from a call of the Senate from May 1 to                                    
evening plane time, May 7. Without objection, Senator Bunde was                                     
excused.                                                                                            

2005-05-01                     Senate Journal                      Page 1227
                           Messages from the House                                               
                                                                                                    
Messages dated April 28 and 29 were read, stating the House passed                                  
and transmitted for consideration:                                                                  
                                                                                                    
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HJR 20                                                                                            
HOUSE JOINT RESOLUTION NO. 20 BY REPRESENTATIVES                                                    
GATTO, Gruenberg, Lynn, Dahlstrom, Kerttula, McGuire, entitled:                                     
                                                                                                    
          Urging the United States Congress and the United                                          
          States Food and Drug Administration to assist in the                                      
          prompt approval of new drug applications for the                                          
          treatment of prostate cancer.                                                             
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services Committee.                                                                                 
                                                                                                    
HCR 10                                                                                            
CS FOR HOUSE CONCURRENT RESOLUTION NO. 10(RES) BY                                                   
THE HOUSE RESOURCES COMMITTEE,                                                                      
                                                                                                    
              Supporting the development of the Kensington Gold                                    
          Mine.                                                                                     
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
Messages dated April 28, 29 and 30 were read, stating the House                                     
passed and transmitted for consideration:                                                           
                                                                                                    
                  First Reading and Reference of House Bills                                     
                                                                                                    
HB 26                                                                                             
CS FOR HOUSE BILL NO. 26(FIN) BY THE HOUSE FINANCE                                                  
COMMITTEE, entitled:                                                                                
                                                                                                    
              "An Act relating to short-term commercial fishing                                    
             crewmember licenses; and providing for an effective                                   
          date."                                                                                    

2005-05-01                     Senate Journal                      Page 1228
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 53                                                                                             
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 53(FIN)                                                
BY THE HOUSE FINANCE COMMITTEE, entitled:                                                           
                                                                                                    
     "An Act relating to child-in-need-of-aid proceedings;                                          
     amending the construction of statutes pertaining to children in                                
     need of aid; relating to guardianships; relating to the                                        
     confidentiality of investigations, court hearings, court                                       
     records, and public agency records and information in child-                                   
     in-need-of-aid matters and certain child protection matters, to                                
     immunity regarding disclosure of information in child-in-                                      
     need-of-aid matters and certain child protection matters, to                                   
     proceedings regarding voluntary relinquishment and                                             
     termination of a parent and child relationship, to eligibility                                 
     for permanent fund dividends for certain children in the                                       
     custody of the state, and to juvenile delinquency proceedings                                  
     and placements; reestablishing and relating to a state citizens'                               
     review panel; amending the obligation of a public agency to                                    
     disclose agency information pertaining to a child in need of                                   
     aid; relating to disclosure of confidential or privileged                                      
     information about children and families involved with                                          
     children's services within the Department of Health and                                        
     Social Services to officials for review or use in official                                     
     capacities; relating to reports of harm and to adoptions and                                   
     foster care; relating to consent for the medication of children                                
     in state custody; prescribing the rights of family members                                     
     related to child-in-need-of-aid cases and establishing a                                       
     familial priority for adoption; modifying adoption and                                         
     placement procedures in certain child-in-need-of-aid cases;                                    
     amending Rules 9 and 13, Alaska Adoption Rules, Rules 3,                                       
     17.2, 18, and 22, Alaska Child in Need of Aid Rules of                                         
     Procedure, and Rules 14 and 15, Alaska Rules of Probate                                        
     Procedure; and providing for an effective date."                                               
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services, Judiciary and Finance Committees.                                                         
                                                                                                    

2005-05-01                     Senate Journal                      Page 1229
HB 71                                                                                             
CS FOR HOUSE BILL NO. 71(FIN) am BY THE HOUSE FINANCE                                               
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act providing standards for the interpretation of                                     
          certain terms in state oil and gas leases and unit                                        
          agreements, requiring development, production,                                            
          processing, and marketing of gas that is determined                                       
          to meet those standards, and setting a maximum time                                       
          limit on that activity; 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."                                                     
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
HB 92                                                                                             
CS FOR HOUSE BILL NO. 92(JUD) BY THE HOUSE JUDICIARY                                                
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to the purchase of interests in                                          
          nonprofit corporations by the University of Alaska."                                      
                                                                                                    
was read the first time and referred to the Health, Education and Social                            
Services Committee.                                                                                 
                                                                                                    
The presence of Senator Green was noted.                                                            
                                                                                                    
HB 94                                                                                             
CS FOR HOUSE BILL NO. 94(FIN) am BY THE HOUSE FINANCE                                               
COMMITTEE, entitled:                                                                                
                                                                                                    
          "An Act relating to qualifications of voters,                                             
          requirements and procedures regarding independent                                         
          candidates for President and Vice-President of the                                        

2005-05-01                     Senate Journal                      Page 1230
          United States, voter registration, voter residence,                                       
          precinct boundary and polling place designation and                                       
          modification, political parties, voters unaffiliated                                      
          with a political party, early voting, absentee voting,                                    
          ballot design, ballot counting, voting by mail, voting                                    
          machines, vote tally systems, qualifications for                                          
          elected office, initiative, referendum, recall, and                                       
          definitions in the Alaska Election Code; and relating                                     
          to incorporation elections."                                                              
                                                                                                    
was read the first time and referred to the State Affairs, Judiciary and                            
Finance Committees.                                                                                 
                                                                                                    
HB 147                                                                                            
CS FOR HOUSE BILL NO. 147(FIN) am BY THE HOUSE                                                      
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
     "An Act relating to notice of suspension or revocation of an                                   
     insurer's certificate of authority and the effect of the                                       
     suspension or revocation upon the authority of agents and                                      
     managing general agents of the insurer; relating to certain                                    
     deposits under AS 21; relating to the yielding of assets and                                   
     securities held on deposit; relating to third-party                                            
     administrators under AS 21; relating to insurance agents,                                      
     managing general agents, reinsurance intermediary managers,                                    
     and insurance producers; requiring the director of insurance                                   
     to notify a licensee of a license renewal before the renewal                                   
     date; defining the term 'appointment' as used in part of AS 21;                                
     relating to the eligibility to provide coverage by a                                           
     nonadmitted insurer and alien insurer; relating to surplus lines                               
     insurance and brokers; relating to misrepresentations and                                      
     false advertising concerning insurance; relating to health                                     
     discount plans; providing for limitations on owner controlled                                  
     and contractor controlled insurance programs and limiting the                                  
     coverage of those programs; prohibiting excessive,                                             
     inadequate, or unfairly discriminatory rate charges for health                                 
     insurance; defining the term 'plan administrator' as used in                                   
     part of AS 21; defining the term 'transact' as used in AS 21;                                  
       authorizing  the  director of insurance to designate a person to                            
                                                                                                    

2005-05-01                     Senate Journal                      Page 1231
          receive annual reports from companies; reducing the period                               
       for filing a quarterly financial statement; and providing for an                            
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 167                                                                                            
CS FOR HOUSE BILL NO. 167(STA) am BY THE HOUSE STATE                                                
AFFAIRS COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act relating to providing a death certificate for a                                   
          deceased veteran without cost; and relating to a                                          
             program to honor the memory of a deceased veteran."                                   
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
HB 187                                                                                            
CS FOR HOUSE BILL NO. 187(FIN)(efd fld) BY THE HOUSE                                                
FINANCE COMMITTEE, entitled:                                                                        
                                                                                                    
          "An Act relating to money deposited into the Alaska                                       
          permanent fund as a result of the settlement of State                                     
          v. Amerada Hess; relating to the Alaska capital                                           
          income fund and to deposits of income from State v.                                       
          Amerada Hess settlement money into the Alaska                                             
          capital income fund."                                                                     
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 213                                                                                            
HOUSE BILL NO. 213 BY REPRESENTATIVES RAMRAS, Elkins,                                               
Foster, entitled:                                                                                   
                                                                                                    
          "An Act relating to alcohol server education."                                            
                                                                                                    
was read the first time and referred to the Labor and Commerce                                      
Committee.                                                                                          
                                                                                                    
                                                                                                    

2005-05-01                     Senate Journal                      Page 1232
HB 218                                                                                            
CS FOR HOUSE BILL NO. 218(FIN) BY THE HOUSE FINANCE                                                 
COMMITTEE, entitled:                                                                                
                                                                                                    
           "An Act relating to cost recovery fisheries for private                                 
          nonprofit hatchery facilities."                                                           
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 249                                                                                            
CS FOR HOUSE BILL NO. 249(RLS) BY THE HOUSE RULES                                                   
COMMITTEE, entitled:                                                                                
                                                                                                    
                 "An Act relating to enhanced 911 systems and                                      
              enhanced 911 surcharges imposed by a municipality,                                   
          public municipal corporation, or village."                                                
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
HB 251                                                                                            
CS FOR HOUSE BILL NO. 251(RES) BY THE HOUSE                                                         
RESOURCES COMMITTEE, entitled:                                                                      
                                                                                                    
             "An Act authorizing the Board of Fisheries to adopt                                   
             regulations regarding fishing by a person who holds                                   
          two entry permits for a salmon fishery."                                                  
                                                                                                    
was read the first time and referred to the Resources Committee.                                    
                                                                                                    
HB 268                                                                                            
CS FOR HOUSE BILL NO. 268(JUD) BY THE HOUSE                                                         
JUDICIARY COMMITTEE, entitled:                                                                      
                                                                                                    
              "An Act relating to overtaking and passing certain                                   
          stationary vehicles."                                                                     
                                                                                                    
was read the first time and referred to the Transportation and Judiciary                            
Committees.                                                                                         
                                                                                                    

2005-05-01                     Senate Journal                      Page 1233
HB 269                                                                                            
HOUSE BILL NO. 269 BY REPRESENTATIVES RAMRAS, Gara,                                                 
entitled:                                                                                           
                                                                                                    
             "An Act relating to contribution actions relating to                                  
             the release of a hazardous substance; and providing                                   
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the Resources and Judiciary                                 
Committees.                                                                                         
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 125                                                                                            
The Judiciary Committee considered SENATE BILL NO. 125 "An                                          
Act relating to the licensing, regulation, enforcement, and appeal                                  
rights of ambulatory surgical centers, assisted living homes, child care                            
facilities, child placement agencies, foster homes, free-standing birth                             
centers, home health agencies, hospices or agencies providing hospice                               
services, hospitals, intermediate care facilities for the mentally                                  
retarded, maternity homes, nursing facilities, residential child care                               
facilities, residential psychiatric treatment centers, and rural health                             
clinics; relating to criminal history requirements, and a registry,                                 
regarding certain licenses, certifications, approvals, and authorizations                           
by the Department of Health and Social Services; making conforming                                  
amendments; and providing for an effective date" and recommended it                                 
be replaced with                                                                                    
                                                                                                    
          CS FOR SENATE BILL NO. 125(JUD)                                                           
          (forthcoming)                                                                             
                                                                                                    
Signing do pass: Senator Seekins, Chair. Signing no recommendation:                                 
Senators French, Guess, Therriault, Huggins.                                                        
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 3, zero, Department of Law                                                         
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-01                     Senate Journal                      Page 1234
The following previously published fiscal information applies:                                      
 Fiscal Note No. 2, zero, Department of Health and Social Services                                  
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 135                                                                                            
The Finance Committee considered SENATE BILL NO. 135 "An Act                                        
relating to the crimes of assault and custodial interference; and                                   
providing for an effective date" and recommended the adoption of the                                
Judiciary Committee Substitute offered on page 961.                                                 
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs; Senator Dyson.                                   
Signing no recommendation: Senators Olson, Stedman.                                                 
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Administration                                              
 Fiscal Note No. 2, zero, Alaska Court System                                                       
 Fiscal Note No. 3, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
SB 156                                                                                            
The Finance Committee considered SENATE BILL NO. 156 "An Act                                        
relating to notification to teachers of layoff or nonretention." Signing                            
do pass: Senators Wilken, Green, Cochairs; Senator Dyson. Signing no                                
recommendation: Senators Hoffman, Olson.                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Education and Early                                         
       Development                                                                                  
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 182                                                                                            
The Finance Committee considered 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,                                       

2005-05-01                     Senate Journal                      Page 1235
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 disallowing retrospective application for                           
purposes of claims for that work that are filed before the effective date                           
of this Act." Signing do pass: Senators Wilken, Green, Cochairs;                                    
Senator Dyson. Signing no recommendation: Senators Hoffman,                                         
Olson.                                                                                              
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Labor and Workforce                                         
       Development                                                                                  
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 136                                                                                            
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 136 BY                                                       
SENATOR ELLIS, entitled:                                                                            
                                                                                                    
              "An Act relating to the calculation and payment of                                   
              unemployment compensation benefits; and providing                                    
          for an effective date."                                                                   
                                                                                                    
was read the first time and referred to the Labor and Commerce and                                  
Finance Committees.                                                                                 
                                                                                                    
SB 192                                                                                            
SENATE BILL NO. 192 BY SENATOR GREEN, entitled:                                                     
                                                                                                    
                "An Act relating to reimbursement of municipal                                     
             bonds for school construction; and providing for an                                   
          effective date."                                                                          
                                                                                                    
was read the first time and referred to the Finance Committee.                                      

2005-05-01                     Senate Journal                      Page 1236
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 12                                                                                             
SENATE BILL NO. 12 "An Act relating to the prohibition or                                           
elimination of financial relationships with persons that conduct                                    
business in countries that support or ignore slavery and trafficking in                             
persons" was read the second time.                                                                  
                                                                                                    
Senator Therriault, Chair, moved and asked unanimous consent for the                                
adoption of the State Affairs Committee Substitute offered on page                                  
1013. Without objection, CS FOR SENATE BILL NO. 12(STA) "An                                         
Act relating to financial relationships with persons conducting                                     
business in or having headquarters in countries that support or ignore                              
slavery and trafficking in persons" was adopted.                                                    
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 12(STA) will                                        
be on the May 2 calendar.                                                                           
                                                                                                    
SB 20                                                                                             
SENATE BILL NO. 20 "An Act relating to offenses against unborn                                      
children" was read the second time.                                                                 
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Committee Substitute offered on page 1076.                                
Senator Ellis objected.                                                                             
                                                                                                    
The question being: "Shall the Judiciary Committee Substitute be                                    
adopted in lieu of the original bill?" The roll was taken with the                                  
following result:                                                                                   
                                                                                                    
SB 20                                                                                               
Second Reading                                                                                      
Adopt Judiciary Committee Substitute?                                                               
                                                                                                    
YEAS:  11   NAYS:  5   EXCUSED:  3   ABSENT:  1                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Nays:  Ellis, Elton, French, Hoffman, Kookesh                                                       
                                                                                                    
Excused:  Bunde, Davis, Guess                                                                       
                                                                                                    
Absent:  Olson                                                                                      

2005-05-01                     Senate Journal                      Page 1237
                                                                                                    
and so, CS FOR SENATE BILL NO. 20(JUD) was adopted.                                                 
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 20(JUD) will                                        
be on the May 2 calendar.                                                                           
                                                                                                    
SB 113                                                                                            
SENATE BILL NO. 113 "An Act relating to entry into and                                              
management of Gulf of Alaska groundfish fisheries" was read the                                     
second time.                                                                                        
                                                                                                    
Senator Wagoner, Chair, moved and asked unanimous consent for the                                   
adoption of the Resources Committee Substitute offered on page 1142.                                
Without objection, CS FOR SENATE BILL NO. 113(RES) was                                              
adopted.                                                                                            
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 113(RES) will                                       
be on the May 2 calendar.                                                                           
                                                                                                    
SB 164                                                                                            
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" was read the second time.                                                           
                                                                                                    
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 1208.                                  
Without objection, CS FOR SENATE BILL NO. 164(FIN) was                                              
adopted.                                                                                            
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 164(FIN) will                                       
be on the May 2 calendar.                                                                           
                                                                                                    
SB 175                                                                                            
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" was read the second time.                                                           
                                                                                                    
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 1208.                                  

2005-05-01                     Senate Journal                      Page 1238
Without objection, CS FOR SENATE BILL NO. 175(FIN) was                                              
adopted.                                                                                            
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 175(FIN) will                                       
be on the May 2 calendar.                                                                           
                                                                                                    
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 102                                                                                            
HOUSE BILL NO. 102 am "An Act relating to the licensure of foreign                                  
medical graduates and to applications for a license to practice                                     
medicine; and providing for an effective date" was read the second                                  
time.                                                                                               
                                                                                                    
President Stevens stated HOUSE BILL NO. 102 am will be on the                                       
May 2 calendar.                                                                                     
                                                                                                    
HB 121                                                                                            
CS FOR HOUSE BILL NO. 121(2d RLS) "An Act relating to                                               
consolidating or abolishing certain road service areas in certain second                            
class boroughs; and providing for an effective date" was read the                                   
second time.                                                                                        
                                                                                                    
President Stevens stated CS FOR HOUSE BILL NO. 121(2d RLS)                                          
will be on the May 2 calendar.                                                                      
                                                                                                    
HB 229                                                                                            
HOUSE BILL NO. 229 "An Act relating to the reinstatement of                                         
Native corporations; and providing for an effective date" was read the                              
second time.                                                                                        
                                                                                                    
President Stevens stated HOUSE BILL NO. 229 will be on the May 2                                    
calendar.                                                                                           
                                                                                                    
HB 256                                                                                            
HOUSE BILL NO. 256 "An Act naming the Ruth Burnett Sport Fish                                       
Hatchery in Fairbanks" was read the second time.                                                    
                                                                                                    
President Stevens stated HOUSE BILL NO. 256 will be on the May 2                                    
calendar.                                                                                           

2005-05-01                     Senate Journal                      Page 1239
                     Second Reading of House Resolutions                                         
                                                                                                    
HCR 7                                                                                             
CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(RES) was                                                   
read the second time and was before the Senate on final passage.                                    
                                                                                                    
The question being: "Shall CS FOR HOUSE CONCURRENT                                                  
RESOLUTION NO. 7(RES) Urging the governor to direct the division                                    
of oil and gas, Department of Natural Resources, to undertake a                                     
comprehensive review of the subject of Cook Inlet oil and gas                                       
platform abandonment for the purpose of developing new oil and gas                                  
platform abandonment regulations and their adoption and                                             
implementation, pass the Senate?" The roll was taken with the                                       
following result:                                                                                   
                                                                                                    
CSHCR 7(RES)                                                                                        
Second Reading - Final Passage                                                                      
                                                                                                    
YEAS:  16   NAYS:  0   EXCUSED:  3   ABSENT:  1                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Ellis, Elton, French, Green, Hoffman,                                        
Huggins, Kookesh, Seekins, Stedman, Stevens B, Stevens G,                                           
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Bunde, Davis, Guess                                                                       
                                                                                                    
Absent:  Olson                                                                                      
                                                                                                    
and so, CS FOR HOUSE CONCURRENT RESOLUTION NO.                                                      
7(RES) passed the Senate, was signed by the President and Secretary                                 
and returned to the House.                                                                          
                                                                                                    
                                                                                                    
                                  Citations                                                      
                                                                                                    
Honoring - Angelene Bunde                                                                           
Representative(s) McGuire                                                                           
Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-01                     Senate Journal                      Page 1240
Honoring - Vig and Holdal Families in Alaska                                                        
Representative(s) Elkins                                                                            
Senator(s) Stedman, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Mat-Su Valley Colonists                                                                  
Representative(s) Kohring, Kerttula, Gatto, Neuman, Stoltze                                         
Senator(s) Green, Huggins, Ben Stevens, Bunde, Cowdery, Davis,                                      
Dyson, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson,                                        
Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                         
                                                                                                    
Honoring - The Legal Staff of the Immigration and Refugee Services                                  
Program                                                                                             
Representative(s) Berkowitz, Guess                                                                  
Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
                                            th                                                      
Honoring - Don and Bonnie Dinkel, 50 Wedding Anniversary                                            
Representative(s) Kohring, Gatto, Neuman, Stoltze                                                   
Senator(s) Green, Huggins, Ben Stevens, Bunde, Cowdery, Davis,                                      
Dyson, Ellis, Elton, Guess, Hoffman, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Carroll Rainey                                                                        
Representative(s) Elkins, Anderson                                                                  
Senator(s) Stedman, Guess, Ben Stevens, Bunde, Cowdery, Davis,                                      
Dyson, Ellis, Elton, Green, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Truby Shaw                                                                            
Representative(s) Kohring, Gatto, Neuman, Stoltze                                                   
Senator(s) Green, Huggins, Ben Stevens, Bunde, Cowdery, Davis,                                      
Dyson, Ellis, Elton, Guess, Hoffman, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-01                     Senate Journal                      Page 1241
In Memoriam - Davin Brawley                                                                         
Representative(s) Kohring, Gatto, Neuman, Stoltze                                                   
Senator(s) Green, Huggins, Ben Stevens, Bunde, Cowdery, Davis,                                      
Dyson, Ellis, Elton, Guess, Hoffman, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Clifford "Junior" Buswell, Jr.                                                        
Representative(s) Kohring, Gatto, Neuman, Stoltze                                                   
Senator(s) Green, Huggins, Ben Stevens, Bunde, Cowdery, Davis,                                      
Dyson, Ellis, Elton, Guess, Hoffman, Kookesh, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
citations be adopted. Without objection, the citations were adopted and                             
referred to the Secretary for transmittal.                                                          
                                                                                                    
                                                                                                    
                                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., May 2, 2005. Without                                  
objection, the Senate adjourned at 6:16 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    June 2005                       

2005-05-01                     Senate Journal                      Page 1242
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                         COMMUNITY & REGIONAL AFFAIRS                                            
                                                                                                    
May 02        Monday                                Beltz 211         1:30 PM                     
+ HB 133 MUNICIPAL BOUNDARY CHANGES/ COMMISSION                                                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 04        Wednesday                             Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                                                                                                    
May 06        Friday                                Beltz 211         1:30 PM                     
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 01        Sunday                    Senate Finance 532            1:00 PM                     
+ SB  24 REEMPLOYMENT OF RETIREES                                                                   
+= SB 156 LAYOFF/NONRETENTION OF TEACHERS                                                           
+= HB 182 WAGE & HOUR ACT: EXEC/PROF/ADMIN/SALES/DP                                                 
+= HB  91 INDECENT EXPOSURE TO MINORS                                                               
+= HB 119 AK REGIONAL ECONOMIC ASSISTANCE PROGRAM                                                   
+ HB 136 DRUNK DRIVING TREATMENT PROGRAM                                                            
+ SB 135 ASSAULT & CUSTODIAL INTERFERENCE                                                           
+= SB 108 INSURANCE                                                                                 
+ SB 121 STATE OF AK CAPITAL CORP.; BONDS                                                           
+ SB 122 AMERADA HESS INCOME; CAPITAL INCOME ACCT.                                                  
+ HB  35 EXTEND BD ARCHITECTS/ENGINEERS/SURVEYORS                                                   
+ HB  75 HUNTING, FISHING, TRAPPING                                                                 
+ HB 132 CRIMES AGAINST ELDERLY                                                                     
+ HB 156 COMMISSION ON AGING                                                                        
+ HB 230 LOANS FOR COMMERCIAL FISHING TENDERS                                                       
+= SB  46 APPROP: CAPITAL BUDGET                                                                    
+             Bills Previously Heard/Scheduled                                                      

2005-05-01                     Senate Journal                      Page 1243
                             FINANCE (continued)                                                 
                                                                                                    
May 02        Monday                    Senate Finance 532            9:00 AM                     
+ SB 102 COASTAL MANAGEMENT PROGRAMS                                                                
+= SB 157 REG. COST CHARGES: UTILITIES/PIPELINES                                                    
+ HB 131 ACCESS DEVICE & I.D. DOCUMENT CRIMES                                                       
+ HB 155 YOUTH COURTS AND CRIMINAL FINES                                                            
+= HB 156 COMMISSION ON AGING                                                                       
+ HB 178 SPECIAL REQUEST LICENSE PLATES                                                             
+ HB 197 OIL SPILL EXEMPTIONS FOR GAS WELLS                                                         
+ HB 249 ENHANCED 911 SURCHARGES                                                                    
              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                                         
                                                                                                    
                                                                                                    
May 02        Monday                          Butrovich 205           1:30 PM                     
+ HB  53 CHILDREN IN NEED OF AID/REVIEW PANELS                                                      
+             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                                                      
                                                                                                    
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-01                     Senate Journal                      Page 1244
                                  JUDICIARY                                                      
                                                                                                    
May 01        Sunday                          Butrovich 205           4:00 PM                     
+= SB 125 LICENSING MEDICAL OR CARE FACILITIES                                                      
+= SB 127 EXEC. BRANCH ETHICS: FINANCIAL INTERESTS                                                  
+= SB 186 EXECUTIVE BRANCH ETHICS                                                                   
+= SB 187 LEGISLATIVE ETHICS/MEETINGS                                                               
+= 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                                                               
+             Bills Previously Heard/Scheduled                                                      
              <Order listed does not indicated order                                                
              each bill will be taken up>                                                           
                                                                                                    
May 02        Monday                          Butrovich 205           8:30 AM                     
+= SB 127 EXEC. BRANCH ETHICS: FINANCIAL INTERESTS                                                  
+= SB 165 CARD ROOMS & OPERATIONS                                                                   
+= SB 186 EXECUTIVE BRANCH ETHICS                                                                   
+= SB 187 LEGISLATIVE ETHICS/MEETINGS                                                               
+= 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 201 PERM. FUND DIVIDEND APPS OF MILITARY                                                       
+= HB 210 BLOODBORNE PATHOGEN TESTING                                                               
+             Bills Previously Heard/Scheduled                                                      
              <Bill listing does not indicate the order                                             
              in which each will be taken up>                                                       
                   ----------------------------------------                                        
                                                                                                    
                               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:                                                         
                                                                                                    

2005-05-01                     Senate Journal                      Page 1245
                         LABOR & COMMERCE (continued)                                            
                                                                                                    
May 05        Thursday                              Beltz 211         1:30 PM                     
+             Bills Previously Heard/Scheduled                                                      
              Including But Not Limited to:                                                         
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
May 02        Monday                          Butrovich 205           3:30 PM                     
= HB  71 OIL& GAS EXPLORATION CREDIT & LEASE TERMS                                                  
                   ----------------------------------------                                        
                                                                                                    
                                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                                        
                                                                                                    
May 02        Monday                    Senate Finance 532            3:30 PM                     
= HB  66 APPROP: MENTAL HEALTH BUDGET                                                               
= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF                                                   
              Departments and Items to be announced                                                 
                   ----------------------------------------                                        
                                                                                                    
                             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.                                                       

2005-05-01                     Senate Journal                      Page 1246
                                JOINT SESSION                                                    
                                                                                                    
May 05        Thursday                     House Chamber            11:00 AM                      
              Governor's Appointees