Legislature(2005 - 2006)

2005-05-02 Senate Journal

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2005-05-02                     Senate Journal                      Page 1247
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                     Monday                        May 2, 2005                      
                                                                                                    
                          One Hundred Thirteenth Day                                             
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 11:22 a.m.                                                                               
                                                                                                    
The roll showed eighteen members present. Senator Bunde was                                         
excused from a call of the Senate. Senator Guess was absent.                                        
                                                                                                    
The prayer was offered by the Chaplain, Senator Seekins. Senator                                    
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
          Father, We thank You for being with us this morning.                                      
          We ask a special blessing this morning on the                                             
          members - particularly the family members of those                                        
          who are ill - that You will touch their bodies and                                        
          help them through these times of trial.                                                   
                                                                                                    
          And for ourselves Father, we ask that we be granted                                       
          wisdom, understanding, strength and compassion.                                           
          And that even in the heat of the moment that we                                           
          remember Your admonition that we treat each other                                         
          as we would ourselves be treated.                                                         
                                                                                                    
          So we pray Father, that You will be with us through                                       
          the remaining days of the session and as we go home.                                      
          And give us that wisdom, understanding, strength and                                      
          compassion.                                                                               
                                                                                                    
     In Jesus' name I pray,                                        Amen.                           
                                                                                                    

2005-05-02                     Senate Journal                      Page 1248
Senator Elton led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the one hundred twelfth legislative day be approved as                                  
certified by the Secretary. Without objection, it was so ordered.                                   
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 186                                                                                            
The Judiciary Committee considered SENATE BILL NO. 186 "An                                          
Act relating to the Alaska Executive Branch Ethics Act" and                                         
recommended it be replaced with                                                                     
                                                                                                    
          CS FOR SENATE BILL NO. 186(JUD)                                                           
          (forthcoming)                                                                             
                                                                                                    
Signing do pass: Senator Seekins, Chair. Signing do not pass: Senator                               
French. Signing no recommendation: Senators Therriault, Huggins.                                    
Signing amend: Senator Guess.                                                                       
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Department of Administration                                              
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
The presence of Senator Guess was noted.                                                            
                                                                                                    
SB 187                                                                                            
The Judiciary Committee considered SENATE BILL NO. 187 "An                                          
Act relating to legislative ethics open meetings guidelines, to the                                 
public members of the Select Committee on Legislative Ethics, to                                    
alternate members of the legislative subcommittees, to advisory                                     
opinions, and to confidential information and proceedings regarding                                 
legislative ethics complaints and investigations" and recommended it                                
be replaced with                                                                                    

2005-05-02                     Senate Journal                      Page 1249
          CS FOR SENATE BILL NO. 187(JUD)                                                           
          (forthcoming)                                                                             
                                                                                                    
Signing do pass: Senator Seekins, Chair. Signing do not pass: Senator                               
French. Signing no recommendation: Senators Guess, Therriault,                                      
Huggins.                                                                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Legislative Agency                                                        
 Fiscal Note No. 2, zero, Department of Law                                                         
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 249                                                                                            
The Finance Committee considered CS FOR HOUSE BILL NO.                                              
249(RLS) "An Act relating to enhanced 911 systems and enhanced                                      
911 surcharges imposed by a municipality, public municipal                                          
corporation, or village." Signing do pass: Senator Green, Cochair;                                  
Senator Dyson. Signing amend: Senator Wilken, Cochair. Signing no                                   
recommendation: Senators Hoffman, Olson, Stedman.                                                   
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Public Safety                                               
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 135                                                                                            
SENATE BILL NO. 135 "An Act relating to the crimes of assault and                                   
custodial interference; and providing for an effective date" was read                               
the second time.                                                                                    
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Committee Substitute offered on page 961.                                 
Without objection, CS FOR SENATE BILL NO. 135(JUD) was                                              
adopted.                                                                                            

2005-05-02                     Senate Journal                      Page 1250
                                                                                                    
Senator Dyson offered Amendment No. 1 :                                                              
                                                                                                    
Page 2, line 22:                                                                                    
     Delete all material and insert:                                                                
     "* Sec. 3.  This Act takes effect immediately under                                          
     AS 01.10.070(c)."                                                                              
                                                                                                    
Senator Dyson moved for the adoption of Amendment No. 1. Without                                    
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 135(JUD)(efd                                        
am) will be on the May 3 calendar.                                                                  
                                                                                                    
                                                                                                    
                        Second Reading of House Bills                                            
                                                                                                    
HB 85                                                                                             
CS FOR HOUSE BILL NO. 85(JUD) "An Act relating to self-                                             
administration and documentation of certain types of medication                                     
prescribed to a child attending school" was read the second time.                                   
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Senate Committee Substitute offered on page                               
1125. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 85(JUD) was adopted.                                                                            
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
bill be considered engrossed, advanced to third reading and placed on                               
final passage. Without objection, it was so ordered.                                                
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 85(JUD) was read the                                            
third time.                                                                                         
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 85(JUD) "An Act relating to self-administration and                                             
documentation of certain types of medication prescribed to a child                                  
attending school" pass the Senate?" The roll was taken with the                                     
following result:                                                                                   
                                                                                                    

2005-05-02                     Senate Journal                      Page 1251
                                                                                                    
SCS CSHB 85(JUD)                                                                                    
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 85(JUD)                                                 
passed the Senate and was referred to the Secretary for engrossment.                                
                                                                                                    
HB 116                                                                                            
CS FOR HOUSE BILL NO. 116(JUD) "An Act relating to the liability                                    
of certain persons for certain violations of alcoholic beverages laws"                              
was read the second time.                                                                           
                                                                                                    
Senator Seekins, Chair, moved and asked unanimous consent for the                                   
adoption of the Judiciary Senate Committee Substitute offered on page                               
1162. Without objection, SENATE CS FOR CS FOR HOUSE BILL                                            
NO. 116(JUD) "An Act relating to the liability of certain persons for                               
certain violations of alcoholic beverages laws; and providing for an                                
effective date" was adopted.                                                                        
                                                                                                    
Senator French offered Amendment No. 1 :                                                             
                                                                                                    
Page 2, lines 1 - 5:                                                                                
     Delete all material and insert:                                                                
"* Sec. 3.  The uncodified law of the State of Alaska is amended by                               
adding a new section to read:                                                                       
     RETROACTIVITY.  (a)  Section 1 of this Act is retroactive to                                   
October 1, 2001.                                                                                    
      (b)  Section 2 of this Act is retroactive to September 27, 2004."                            
                                                                                                    
Senator French moved for the adoption of Amendment No. 1. Senator                                   
Dyson objected, then withdrew his objection. There being no further                                 
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
                                                                                                    

2005-05-02                     Senate Journal                      Page 1252
Senator Gary Stevens moved and asked unanimous consent that the                                     
bill be considered engrossed, advanced to third reading and placed on                               
final passage. Without objection, it was so ordered.                                                
                                                                                                    
SENATE CS FOR CS FOR HOUSE BILL NO. 116(JUD) am S was                                               
read the third time.                                                                                
                                                                                                    
Senators Elton, Dyson, Seekins moved and asked unanimous consent                                    
to be shown as cross sponsors on the bill. Without objection, it was so                             
ordered.                                                                                            
                                                                                                    
The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL                                          
NO. 116(JUD) am S "An Act relating to the liability of certain persons                              
for certain violations of alcoholic beverages laws; and providing for an                            
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SCS CSHB 116(JUD) am S                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 116(JUD) am                                             
S passed the Senate.                                                                                
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
referred to the Secretary for engrossment.                                                          
                                                                                                    
HB 182                                                                                            
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                                

2005-05-02                     Senate Journal                      Page 1253
and Hour Act and providing definitions for persons employed in                                      
administrative, executive, and professional capacities, for persons                                 
working in the capacity of an outside salesman, for persons working in                              
the capacity of a salesman employed on a straight commission basis,                                 
and for persons that perform computer-related occupations; directing                                
retrospective application of the provisions of this Act to work                                     
performed before the effective date of this Act for purposes of claims                              
filed on or after the effective date of this Act, and disallowing                                   
retrospective application for purposes of claims for that work that are                             
filed before the effective date of this Act" was read the second time.                              
                                                                                                    
President Stevens stated CS FOR HOUSE BILL NO. 182(FIN)(efd                                         
fld) will be on the May 3 calendar.                                                                 
                                                                                                    
HB 216                                                                                            
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" was read the second time.                                                                  
                                                                                                    
President Stevens stated CS FOR HOUSE BILL NO. 216(L&C)(title                                       
am) will be on the May 3 calendar.                                                                  
                                                                                                    
HB 249                                                                                            
CS FOR HOUSE BILL NO. 249(RLS) "An Act relating to enhanced                                         
911 systems and enhanced 911 surcharges imposed by a municipality,                                  
public municipal corporation, or village" was read the second time.                                 
                                                                                                    

2005-05-02                     Senate Journal                      Page 1254
President Stevens stated CS FOR HOUSE BILL NO. 249(RLS) will                                        
be on the May 3 calendar.                                                                           
                                                                                                    
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 12                                                                                             
CS FOR SENATE BILL NO. 12(STA) was read the third time.                                             
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was                                  
taken with the following result:                                                                    
                                                                                                    
CSSB 12(STA)                                                                                        
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, CS FOR SENATE BILL NO. 12(STA) passed the Senate and                                        
was referred to the Secretary for engrossment.                                                      
                                                                                                    
SB 20                                                                                             
CS FOR SENATE BILL NO. 20(JUD) was read the third time.                                             
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 20(JUD) "An                                       
Act relating to offenses against unborn children" pass the Senate?"                                 
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 20(JUD)                                                                                        
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  11   NAYS:  8   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
Excused:  Bunde                                                                                     

2005-05-02                     Senate Journal                      Page 1255
                                                                                                    
and so, CS FOR SENATE BILL NO. 20(JUD) passed the Senate.                                           
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
SB 113                                                                                            
CS FOR SENATE BILL NO. 113(RES) was read the third time.                                            
                                                                                                    
Senator Wagoner moved and asked unanimous consent that the                                          
Resources Committee Letter of Intent offered on page 1142 be                                        
adopted as a Senate Letter of Intent. Without objection, the Senate                                 
Letter of Intent was adopted.                                                                       
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 113(RES)                                          
"An Act relating to entry into and management of Gulf of Alaska                                     
groundfish fisheries" pass the Senate?" The roll was taken with the                                 
following result:                                                                                   
                                                                                                    
CSSB 113(RES)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Elton, French, Green, Guess, Huggins,                                 
Olson, Seekins, Stedman, Stevens B, Therriault, Wagoner, Wilken                                     
                                                                                                    
Nays:  Ellis, Hoffman, Kookesh, Stevens G                                                           
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, CS FOR SENATE BILL NO. 113(RES) passed the Senate.                                          
                                                                                                    
Senator Davis gave notice of reconsideration.                                                       
                                                                                                    
SB 164                                                                                            
CS FOR SENATE BILL NO. 164(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 164(FIN)                                          
"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" pass the                                     
Senate?" The roll was taken with the following result:                                              
                                                                                                    

2005-05-02                     Senate Journal                      Page 1256
                                                                                                    
CSSB 164(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, CS FOR SENATE BILL NO. 164(FIN) passed the Senate.                                          
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered and the bill was                                 
referred to the Secretary for engrossment.                                                          
                                                                                                    
SB 175                                                                                            
CS FOR SENATE BILL NO. 175(FIN) was read the third time.                                            
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 175(FIN)                                          
"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" pass the                             
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSSB 175(FIN)                                                                                       
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, CS FOR SENATE BILL NO. 175(FIN) passed the Senate.                                          
                                                                                                    
                                                                                                    

2005-05-02                     Senate Journal                      Page 1257
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Ellis gave notice of reconsideration.                                                       
                                                                                                    
                                                                                                    
                         Third Reading of House Bills                                            
                                                                                                    
HB 102                                                                                            
HOUSE BILL NO. 102 am was read the third time.                                                      
                                                                                                    
Senators Wilken, Olson, Stedman moved and asked unanimous                                           
consent to be shown as cross sponsors on the bill. Without objection, it                            
was so ordered.                                                                                     
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
HB 102 am                                                                                           
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, HOUSE BILL NO. 102 am passed the Senate.                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
                                                                                                    

2005-05-02                     Senate Journal                      Page 1258
HB 121                                                                                            
CS FOR HOUSE BILL NO. 121(2d RLS) was read the third time.                                          
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken with the following result:                               
                                                                                                    
CSHB 121(2d RLS)                                                                                    
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  18   NAYS:  1   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Hoffman,                                 
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Nays:  Guess                                                                                        
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, CS FOR HOUSE BILL NO. 121(2d RLS) passed the Senate.                                        
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered.                                                  
                                                                                                    
Senator Guess gave notice of reconsideration.                                                       
                                                                                                    
HB 229                                                                                            
HOUSE BILL NO. 229 was read the third time.                                                         
                                                                                                    
The question being: "Shall HOUSE BILL NO. 229 "An Act relating to                                   
the reinstatement of Native corporations; and providing for an                                      
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-02                     Senate Journal                      Page 1259
                                                                                                    
HB 229                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, HOUSE BILL NO. 229 passed the Senate.                                                       
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
vote on the passage of the bill be considered the vote on the effective                             
date clause. Without objection, it was so ordered and the bill was                                  
signed by the President and Secretary and returned to the House.                                    
                                                                                                    
HB 256                                                                                            
HOUSE BILL NO. 256 was read the third time.                                                         
                                                                                                    
Senators Wilken, Therriault, Dyson, Seekins, Ben Stevens moved and                                  
asked unanimous consent to be shown as cross sponsors on the bill.                                  
Without objection, it was so ordered.                                                               
                                                                                                    
The question being: "Shall HOUSE BILL NO. 256 "An Act naming                                        
the Ruth Burnett Sport Fish Hatchery in Fairbanks" pass the Senate?"                                
The roll was taken with the following result:                                                       
                                                                                                    
HB 256                                                                                              
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Excused:  Bunde                                                                                     
                                                                                                    
and so, HOUSE BILL NO. 256 passed the Senate, was signed by the                                     
President and Secretary and returned to the House.                                                  

2005-05-02                     Senate Journal                      Page 1260
                                  Citations                                                      
                                                                                                    
Honoring - Kodiak Senior League All-Stars, 2004 State Champs                                        
Senator(s) Gary Stevens, Ben Stevens, Bunde, Cowdery, Davis,                                        
Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh,                                       
Olson, Seekins, Stedman, Therriault, Wagoner, Wilken                                                
Representative(s) LeDoux                                                                            
                                                                                                    
Honoring - Gwen Sykes, Outstanding Achievement                                                      
Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
                                                                              th                    
Honoring - Filipino Community of Anchorage, Alaska, Inc., 40                                        
Anniversary                                                                                         
Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Wasilla Police Chief Don Savage, Greater Wasilla                                         
Chamber of Commerce Citizen of the Year                                                             
Senator(s) Green, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - Mountain View Community Council                                                          
Representative(s) Gruenberg                                                                         
Senator(s) Guess, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Elton, French, Green, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Kayhi Kings' Boys Varsity Basketball Team, Class 4A                                      
Southeast Champions                                                                                 
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                                                  
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-02                     Senate Journal                      Page 1261
Honoring - Tom Yerbich                                                                              
Representative(s) Anderson                                                                          
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 - Harold and Betty Ward, 54 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                                                  
                                                                                                    
Honoring - 2005 Southeast Alaska Science Fair Participants and                                      
Winners                                                                                             
Representative(s) Weyhrauch, Kerttula                                                               
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Jennifer Kueter                                                                          
Representative(s) Crawford                                                                          
Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Kelly Eagleton                                                                           
Representative(s) Crawford                                                                          
Senator(s) Davis, Ben Stevens, Bunde, Cowdery, Dyson, Ellis, Elton,                                 
French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins,                                    
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
Honoring - Amy Collman                                                                              
Representative(s) Seaton                                                                            
Senator(s) Gary Stevens, Ben Stevens, Bunde, Cowdery, Davis,                                        
Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh,                                       
Olson, Seekins, Stedman, Therriault, Wagoner, Wilken                                                
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-02                     Senate Journal                      Page 1262
Honoring - Jambaars Soccer Team, Zane Cup State Champions                                           
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - Juneau Jumpers, World Rope Skipping Championship                                         
Participants                                                                                        
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Honoring - Larry Jacobson                                                                           
Representative(s) Stoltze, Neuman, Gatto, Kohring                                                   
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 - Violeta Doctolero                                                                     
Senator(s) Gary Stevens, Ben Stevens, Bunde, Cowdery, Davis,                                        
Dyson, Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh,                                       
Olson, Seekins, Stedman, Therriault, Wagoner, Wilken                                                
Representative(s) LeDoux                                                                            
                                                                                                    
In Memoriam - Tom Katzeek                                                                           
Representative(s) Thomas                                                                            
Senator(s) Kookesh, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                      
Ellis, Elton, Green, Guess, Hoffman, Huggins, Olson, Seekins,                                       
Stedman, Gary Stevens, Therriault, Wagoner, Wilken                                                  
                                                                                                    
In Memoriam - Loren Marshall                                                                        
Representative(s) Gara                                                                              
Senator(s) Ellis, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Elton,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-02                     Senate Journal                      Page 1263
In Memoriam - Holly Hollis                                                                          
Representative(s) Kohring, 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                                         
                                                                                                    
In Memoriam - Hugh Gregory Gallagher                                                                
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
 In Memoriam - James Albert Anderegg                                                                
Representative(s) Kerttula, Weyhrauch                                                               
Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis,                                 
Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman,                                   
Gary Stevens, Therriault, Wagoner, Wilken                                                           
                                                                                                    
In Memoriam - Kaye Cory Baker                                                                       
Representative(s) Coghill                                                                           
Senator(s) Therriault, Ben Stevens, Bunde, Cowdery, Davis, Dyson,                                   
Ellis, Elton, Green, Guess, Hoffman, Huggins, Kookesh, Olson,                                       
Seekins, Stedman, Gary Stevens, Wagoner, Wilken                                                     
                                                                                                    
In Memoriam - John D. Nash                                                                          
Representative(s) Stoltze, Neuman, Gatto, Kohring, Harris                                           
Senator(s) Huggins, Green, 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.                                                                                          

2005-05-02                     Senate Journal                      Page 1264
                                 Engrossment                                                     
                                                                                                    
SB 12                                                                                             
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 engrossed, signed by the President and Secretary and                                
transmitted to the House for consideration.                                                         
                                                                                                    
SB 164                                                                                            
CS FOR SENATE BILL NO. 164(FIN) "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 engrossed, signed by the President                             
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
HB 85                                                                                             
SENATE CS FOR CS FOR HOUSE BILL NO. 85(JUD) "An Act                                                 
relating to self-administration and documentation of certain types of                               
medication prescribed to a child attending school" was engrossed,                                   
signed by the President and Secretary and returned to the House for                                 
consideration.                                                                                      
                                                                                                    
HB 116                                                                                            
SENATE CS FOR CS FOR HOUSE BILL NO. 116(JUD) am S "An                                               
Act relating to the liability of certain persons for certain violations of                          
alcoholic beverages laws; and providing for an effective date" was                                  
engrossed, signed by the President and Secretary and returned to the                                
House for consideration.                                                                            
                                                                                                    
                                                                                                    
                                  Enrollment                                                     
                                                                                                    
SB 63                                                                                             
SENATE BILL NO. 63 "An Act relating to road signs encouraging the                                   
use of safety belts" was enrolled, signed by the President and                                      
Secretary, Speaker and Chief Clerk and the engrossed and enrolled                                   
copies transmitted to the Office of the Governor at 9:37 a.m.,                                      
May 2, 2005.                                                                                        
                                                                                                    

2005-05-02                     Senate Journal                      Page 1265
SB 90                                                                                             
CS FOR SENATE BILL NO. 90(STA) "An Act relating to Alaska                                           
Territorial Guard Day" was enrolled, signed by the President and                                    
Secretary, Speaker and Chief Clerk and the engrossed and enrolled                                   
copies transmitted to the Office of the Governor at 9:37 a.m.,                                      
May 2, 2005 with a Senate Letter of Intent.                                                         
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., May 3, 2005. Without                                  
objection, the Senate adjourned at 12:59 p.m.                                                       
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2005                        

2005-05-02                     Senate Journal                      Page 1266
                                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 02        Monday                    Senate Finance 532            9:00 AM                     
              -- Recessed to 1:30 pm --                                                             
+ 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 & SYSTEMS                                                          
+ SB 102 COASTAL MANAGEMENT PROGRAMS                                                                
              <Bill Hearing Postponed>                                                              
+= SB 157 REG. COST CHARGES: UTILITIES/PIPELINES                                                    
              <Bill Hearing Postponed>                                                              
              Bills Previously Heard/Scheduled                                                      
+= SB  46 APPROP: CAPITAL BUDGET                                                                    

2005-05-02                     Senate Journal                      Page 1267
                             FINANCE (continued)                                                 
                                                                                                    
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)                                                                       
                                                                                                    
May 03        Tuesday                   Senate Finance 532            9:00 AM                     
+ HB 187 AMERADA HESS INCOME; CAPITAL INCOME FUND                                                   
+= SB  46 APPROP: CAPITAL BUDGET                                                                    
+= SB 102 COASTAL MANAGEMENT PROGRAMS                                                               
+ SB 192 SCHOOL CONSTRUCTION BOND REIMBURSEMENT                                                     
+ SB  22 MEDICAID COVERAGE FOR BIRTHING CENTERS                                                     
+ SB  78 SENIOR CARE PROGRAM                                                                        
+ SB 125 LICENSING MEDICAL OR CARE FACILITIES                                                       
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
May 02        Monday                          Butrovich 205           2:30 PM                     
              -- Time Change --                                                                     
+= HB 214 ANATOMICAL GIFTS & REGISTRY                                                               
+ HB  53 CHILDREN IN NEED OF AID/ADOPTION/GUARDIAN                                                  
+             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                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-02                     Senate Journal                      Page 1268
                                  JUDICIARY                                                      
                                                                                                    
May 02        Monday                          Butrovich 205           8:30 AM                     
              -- Recessed to 5:00 pm --                                                             
+= 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>                                                       
                                                                                                    
May 03        Tuesday                         Butrovich 205           8:30 AM                     
+             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#                                                          
              <Above Item Removed from Agenda>                                                      
+ HB 120 HEALTH CARE EMPLOYEE PROTECTION                                                            
+ HB 213 ALCOHOL SERVER EDUCATION                                                                   
+ HB 181 WAIVE CONTINUING EDUC. REQ FOR MILITARY                                                    
              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:                                                         
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-02                     Senate Journal                      Page 1269
                                  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.                                                     
              <Above Bill Hearing Canceled>                                                         
              Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                    CONFERENCE COMMITTEE ON HB 66 & HB 67                                        
                                                                                                    
May 02        Monday                    Senate Finance 532            3:30 PM                     
               -- Recessed to a Call of the Chair --                                                
= 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.                                                       
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-02                     Senate Journal                      Page 1270
                                JOINT SESSION                                                    
                                                                                                    
May 05        Thursday                     House Chamber            11:00 AM                      
              Governor's Appointees