Legislature(2005 - 2006)

2005-05-13 Senate Journal

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2005-05-13                     Senate Journal                      Page 1627
                                                                                                    
                                   SENATE JOURNAL                                                
                                                                                                    
                              ALASKA STATE LEGISLATURE                                           
                                                                                                    
                             TWENTY-FOURTH LEGISLATURE                                           
                                                                                                    
                               FIRST SPECIAL SESSION                                             
                                                                                                    
Juneau, Alaska                                   Friday                               May 13, 2005 
                                                                                                    
                                     Third Day                                                   
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 8:04 p.m.                                                                                
                                                                                                    
The roll showed seventeen members present. Senators Bunde, Davis,                                   
French were excused from a call of the Senate.                                                      
                                                                                                    
The prayer was offered by the Chaplain, Senator Wilken. Senator                                     
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
             Dear Lord: I'm proud to say, so far today                                              
             I've got along all right;                                                              
             I have not gossiped, whined or bragged,                                                
             or had a single fight.                                                                 
             I haven't lost my temper once,                                                         
             or criticized my mate,                                                                 
             I have not lied, I have not cried,                                                     
             or loudly cursed my fate.                                                              
                                                                                                    
             So far today I've not one time                                                         
             been grumpy or morose,                                                                 
             I've not been spiteful, cold or vain,                                                  
             self-centered or verbose.                                                              
                                                                                                    
             But Lord, I'm going to need Your help                                                  
             throughout the hours ahead,                                                            
             so give me strength, Dear Lord, for now                                                
             I'm getting out of bed.                                                                
                                                                                                    

2005-05-13                     Senate Journal                      Page 1628
          Heavenly Father, join us in prayer today as You drape                                     
          the cloak of good upon our collective shoulders.                                          
                                                                                                    
          Help us remember that You have risen so that we may                                       
          rise to reconcile our deeds to Your needs.                                                
                                                                                                    
          Give us the wisdom, the strength and the patience to                                      
          remember too, that while we struggle with the minutiae                                    
          of responsible government, there are many Alaskans                                        
          that today struggle with the challenges of everyday life.                                 
          Let us send them a message of hope; hope that when                                        
          they rise tomorrow that the day ahead will be just a                                      
          little better than the day that just passed.                                              
                                                                                                    
          We ask for this guidance in Your precious name.                                           
                                                                                         Amen.      
                                                                                                    
Senator Huggins led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                   Certification                                                 
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the one hundred twenty-first legislative day of the First                               
Session, House and Senate Joint Journal Supplement No. 8, and the                                   
journals for the first and second days of the First Special Session be                              
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                                                                                    
                              Messages from the House                                            
                                                                                                    
HB 130                                                                                            
Message dated May 12 was received, stating the House granted                                        
limited powers of free conference to the House conferees considering:                               
                                                                                                    
CS FOR HOUSE BILL NO. 130(FIN) am "An Act relating to the                                           
grant of certain state land to the University of Alaska; relating to the                            
duties of the Board of Regents; establishing the university research                                
forest; and providing for an effective date"                                                        
                                                                                                    
and                                                                                                 
                                                                                                    

2005-05-13                     Senate Journal                      Page 1629
SENATE CS FOR CS FOR HOUSE BILL NO. 130(FIN)                                                        
                                                                                                    
on the requested specific points.                                                                   
                                                                                                    
                                                                                                    
                                  Recede Messages                                                
                                                                                                    
HB 147                                                                                            
Message dated May 13 was read, stating the House failed to concur in                                
the Senate amendment to CS FOR HOUSE BILL NO. 147(FIN) am                                           
and respectfully requests the Senate to recede from its amendment,                                  
namely:                                                                                             
                                                                                                    
             SENATE CS FOR CS FOR HOUSE BILL NO.                                                    
             147(FIN) "An Act relating to notice of suspension or                                   
             revocation of an insurer's certificate of authority and                                
             the effect of the suspension or revocation upon the                                    
             authority of agents and managing general agents of                                     
             the insurer; relating to certain deposits under AS 21;                                 
             relating to the yielding of assets and securities held                                 
             on deposit; relating to third-party administrators                                     
             under AS 21; relating to insurance agents, managing                                    
             general agents, reinsurance intermediary managers,                                     
             and insurance producers; requiring the director of                                     
             insurance to notify a licensee of a license renewal                                    
             before the renewal date; defining the term                                             
             'appointment' as used in part of AS 21; relating to the                                
             eligibility to provide coverage by a nonadmitted                                       
             insurer and alien insurer; relating to surplus lines                                   
             insurance and brokers; relating to misrepresentations                                  
             and false advertising concerning insurance; relating                                   
             to health discount plans; providing for limitations on                                 
             owner controlled and contractor controlled insurance                                   
             programs and limiting the coverage of those                                            
             programs; prohibiting excessive, inadequate, or                                        
             unfairly discriminatory rate charges for health                                        
             insurance; defining the term 'plan administrator' as                                   
             used in part of AS 21; defining the term 'transact' as                                 
              used  in  AS 21;  authorizing the director of insurance                              
                                                                                                    

2005-05-13                     Senate Journal                      Page 1630
             to designate a person to receive annual reports from                                   
             companies; reducing the period for filing a quarterly                                  
             financial statement; and providing for an effective                                    
             date."                                                                                 
                                                                                                    
In the event the Senate fails to recede, the Speaker has appointed the                              
following members to a Conference Committee to meet with a like                                     
committee from the Senate to consider the bills:                                                    
                                                                                                    
      Representative Rokeberg, Chair                                                                
      Representative Anderson                                                                       
      Representative Gardner                                                                        
                                                                                                    
Senator Gary Stevens moved that the Senate recede from its                                          
amendment and recommended the body vote no.                                                         
                                                                                                    
The question being: "Shall the Senate recede from its amendment?"                                   
The roll was taken with the following result:                                                       
                                                                                                    
SCS CSHB 147(FIN)                                                                                   
Shall the Senate Recede from its Amendment                                                          
to CSHB 147(FIN) am?                                                                                
                                                                                                    
YEAS:  6   NAYS:  11   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Ellis, Elton, Guess, Hoffman, Kookesh, Olson                                                 
                                                                                                    
Nays:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Excused:  Bunde, Davis, French                                                                      
                                                                                                    
and so, the Senate failed to recede.                                                                
                                                                                                    
The President appointed the following members to a Conference                                       
Committee to meet with the like committee from the House:                                           
                                                                                                    
      Senator Therriault, Chair                                                                     
      Senator Stedman                                                                               
      Senator Ellis                                                                                 
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    

2005-05-13                     Senate Journal                      Page 1631
                                   Communications                                                
                                                                                                    
The following Budget and Audit Report was received from Pat                                         
Davidson, Legislative Auditor, in accordance with AS 24.20.311 and                                  
is on file in the Office of the Secretary of the Senate:                                            
                                                                                                    
Department of Transportation and Public Facilities, Force Account                                   
Projects, dated March 3, 2005                                                                       
                                                                                                    
                                                                                                    
                             Special Committee Reports                                           
                                                                                                    
SB 130                                                                                            
                                                                                       May 13, 2005 
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The Conference Committee considering CS FOR SENATE BILL NO.                                         
130(FIN) am "An Act relating to a special deposit for workers'                                      
compensation and employers' liability insurers; relating to assigned                                
risk pools; relating to workers' compensation insurers; stating the                                 
intent of the legislature, and setting out limitations, concerning the                              
interpretation, construction, and implementation of workers'                                        
compensation laws; relating to the Alaska Workers' Compensation                                     
Board; assigning certain Alaska Workers' Compensation Board                                         
functions to the division of workers' compensation in the Department                                
of Labor and Workforce Development and to that department, and                                      
authorizing the board to delegate administrative and enforcement                                    
duties to the division; providing for workers' compensation hearing                                 
officers in workers' compensation proceedings; establishing a                                       
Workers' Compensation Appeals Commission; relating to workers'                                      
compensation medical benefits and to charges for and payment of fees                                
for the medical benefits; relating to agreements that discharge workers'                            
compensation liability; relating to workers' compensation awards;                                   
relating to reemployment benefits and job dislocation benefits; relating                            
to coordination of workers' compensation and certain disability                                     
benefits; relating to division of workers' compensation records;                                    
relating to release of treatment records; relating to an employer's                                 
failure to insure and keep insured or provide security; providing for                               

2005-05-13                     Senate Journal                      Page 1632
appeals from compensation orders; relating to workers' compensation                                 
proceedings; providing for supreme court jurisdiction of appeals from                               
the Workers' Compensation Appeals Commission; providing for a                                       
maximum amount for the cost-of-living adjustment for workers'                                       
compensation benefits; relating to attorney fees with respect to                                    
workers' compensation; providing for the department to enter into                                   
contracts with nonprofit organizations to provide information services                              
and legal representation to injured employees; providing for                                        
administrative penalties for employers uninsured or without adequate                                
security for workers' compensation; relating to fraudulent acts or false                            
or misleading statements in workers' compensation and penalties for                                 
the acts or statements; providing for members of a limited liability                                
company to be included as an employee for purposes of workers'                                      
compensation; establishing a workers' compensation benefits guaranty                                
fund; making conforming amendments; providing for a study and                                       
report by the medical services review committee; establishing the Task                              
Force on Workers' Compensation; and providing for an effective date"                                
                                                                                                    
and                                                                                                 
                                                                                                    
HOUSE CS FOR CS FOR SENATE BILL NO. 130(JUD) am H "An                                               
Act relating to workers' compensation and to assigned risk pools;                                   
relating to the Alaska Insurance Guaranty Association; establishing the                             
Task Force on Workers' Compensation; amending Rule 45, Alaska                                       
Rules of Civil Procedure; and providing for an effective date" requests                             
limited powers of free conference on the following specific points:                                 
                                                                                                    
CS FOR SENATE BILL NO. 130(FIN) am                                                                  
Sec. 1, Sec. 2, Sec. 3, Sec. 5, Sec. 6, Sec. 8, Sec. 9, Sec. 10, Sec. 14,                           
Sec. 15, Sec. 17, Sec. 18, Sec. 21, Sec. 23, Sec. 24, Sec. 25, Sec. 26,                             
Sec. 27, Sec. 29, Sec. 31, Sec. 32, Sec. 33, Sec. 37, Sec. 40, Sec. 41,                             
Sec. 42, Sec. 44, Sec. 45, Sec. 46, Sec. 47, Sec. 49, Sec. 51, Sec. 52,                             
Sec. 54, Sec. 55, Sec. 57, Sec. 58, Sec. 59, Sec. 60                                                
                                                                                                    
HOUSE CS FOR CS FOR SENATE BILL NO. 130(JUD) am H                                                   
Sec. 1, Sec. 3, Sec. 5, Sec. 6, Sec. 7, Sec. 8, Sec. 9, Sec. 10, Sec. 11,                           
Sec. 16, Sec. 17, Sec. 20, Sec. 21, Sec. 22, Sec. 23, Sec. 24, Sec. 25,                             
Sec. 26,  Sec. 28,  Sec. 29,  Sec. 30,  Sec. 31, Sec. 32, Sec. 34, Sec. 36,                         
                                                                                                    
                                                                                                    

2005-05-13                     Senate Journal                      Page 1633
Sec. 37, Sec. 38, Sec. 39, Sec. 40, Sec. 41, Sec. 42, Sec. 43, Sec. 44,                             
Sec. 45, Sec. 46, Sec. 49, Sec. 51, Sec. 54, Sec. 55, Sec. 56, Sec. 58,                             
Sec. 59, Sec. 61, Sec. 63, Sec. 64, Sec. 65, Sec. 68, Sec. 69, Sec. 70,                             
Sec. 71, Sec. 72                                                                                    
                                                                                                    
The detailed report of specific points is on file in the Senate                                     
Secretary's Office.                                                                                 
                                                                                                    
Signing the report: Senator Ben Stevens, Chair, Senators Seekins,                                   
Guess; Representatives Harris, Coghill, Guttenberg                                                  
                                                                                                    
President Stevens granted the Senate members limited powers of free                                 
conference as requested.                                                                            
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
SB 130                                                                                            
The following report was received and distributed at 5:20 p.m.,                                     
May 13:                                                                                             
                                                                                       May 13, 2005 
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The Conference Committee with limited powers of free conference                                     
considered CS FOR SENATE BILL NO. 130(FIN) am "An Act                                               
relating to a special deposit for workers' compensation and employers'                              
liability insurers; relating to assigned risk pools; relating to workers'                           
compensation insurers; stating the intent of the legislature, and setting                           
out limitations, concerning the interpretation, construction, and                                   
implementation of workers' compensation laws; relating to the Alaska                                
Workers' Compensation Board; assigning certain Alaska Workers'                                      
Compensation Board functions to the division of workers'                                            
compensation in the Department of Labor and Workforce                                               
Development and to that department, and authorizing the board to                                    
delegate administrative and enforcement duties to the division;                                     
providing for workers' compensation hearing officers in workers'                                    
compensation proceedings; establishing a Workers' Compensation                                      
Appeals Commission; relating to workers' compensation medical                                       
benefits and to charges for and payment of fees for the medical                                     

2005-05-13                     Senate Journal                      Page 1634
benefits; relating to agreements that discharge workers' compensation                               
liability; relating to workers' compensation awards; relating to                                    
reemployment benefits and job dislocation benefits; relating to                                     
coordination of workers' compensation and certain disability benefits;                              
relating to division of workers' compensation records; relating to                                  
release of treatment records; relating to an employer's failure to insure                           
and keep insured or provide security; providing for appeals from                                    
compensation orders; relating to workers' compensation proceedings;                                 
providing for supreme court jurisdiction of appeals from the Workers'                               
Compensation Appeals Commission; providing for a maximum                                            
amount for the cost-of-living adjustment for workers' compensation                                  
benefits; relating to attorney fees with respect to workers'                                        
compensation; providing for the department to enter into contracts                                  
with nonprofit organizations to provide information services and legal                              
representation to injured employees; providing for administrative                                   
penalties for employers uninsured or without adequate security for                                  
workers' compensation; relating to fraudulent acts or false or                                      
misleading statements in workers' compensation and penalties for the                                
acts or statements; providing for members of a limited liability                                    
company to be included as an employee for purposes of workers'                                      
compensation; establishing a workers' compensation benefits guaranty                                
fund; making conforming amendments; providing for a study and                                       
report by the medical services review committee; establishing the Task                              
Force on Workers' Compensation; and providing for an effective date"                                
                                                                                                    
and                                                                                                 
                                                                                                    
HOUSE CS FOR CS FOR SENATE BILL NO. 130(JUD) am H "An                                               
Act relating to workers' compensation and to assigned risk pools;                                   
relating to the Alaska Insurance Guaranty Association; establishing the                             
Task Force on Workers' Compensation; amending Rule 45, Alaska                                       
Rules of Civil Procedure; and providing for an effective date" and                                  
recommends                                                                                          
                                                                                                    
             CONFERENCE CS FOR SENATE BILL NO. 130                                                  
             "An Act relating to workers' compensation and to                                       
             assigned risk pools; relating to the Alaska Insurance                                  
                Guaranty Association; establishing the Task Force on                               
                                                                                                    
                                                                                                    

2005-05-13                     Senate Journal                      Page 1635
                  Workers' Compensation; amending Rule 45, Alaska                                  
                   Rules of Civil Procedure; and providing for an                                  
             effective date."                                                                       
                                                                                                    
be adopted.                                                                                         
                                                                                                    
Signing the report: Senator Ben Stevens, Chair, Senator Seekins;                                    
Representatives Harris, Coghill                                                                     
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 14, Alaska Court System                                                            
 Fiscal Note No. 15, Department of Labor and Workforce                                              
        Development                                                                                 
      Fiscal Note No. 16, indeterminate, Office of the Governor                                     
                                                                                                    
Senator Gary Stevens moved that the Senate adopt the Conference                                     
Committee Report on CONFERENCE CS FOR SENATE BILL                                                   
NO. 130.                                                                                            
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE CS FOR SENATE BILL NO.                                               
130 "An Act relating to workers' compensation and to assigned risk                                  
pools; relating to the Alaska Insurance Guaranty Association;                                       
establishing the Task Force on Workers' Compensation; amending                                      
Rule 45, Alaska Rules of Civil Procedure; and providing for an                                      
effective date"?" The roll was taken with the following result:                                     
                                                                                                    
CCS SB 130                                                                                          
Adopt Conference Committee Report?                                                                  
                                                                                                    
YEAS:  11   NAYS:  6   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Nays:  Ellis, Elton, Guess, Hoffman, Kookesh, Olson                                                 
                                                                                                    
Excused:  Bunde, Davis, French                                                                      
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    
Senator Gary Stevens moved for the adoption of the Court Rule                                       
change.                                                                                             

2005-05-13                     Senate Journal                      Page 1636
The question being: "Shall the Court Rule change be adopted?" The                                   
roll was taken with the following result:                                                           
                                                                                                    
CCS SB 130                                                                                          
Adopt Court Rule change?                                                                            
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Ellis, Elton, Green, Guess, Hoffman,                                         
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Bunde, Davis, French                                                                      
                                                                                                    
and so, the Court Rule change was adopted.                                                          
                                                                                                    
Senator Gary Stevens moved for the adoption of the effective date                                   
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CCS SB 130                                                                                          
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Ellis, Elton, Green, Guess, Hoffman,                                         
Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G,                                    
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Bunde, Davis, French                                                                      
                                                                                                    
and so, the effective date clauses were adopted.                                                    
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
HCR 19                                                                                            
Senator Gary Stevens moved and asked unanimous consent that                                         
HOUSE CONCURRENT RESOLUTION NO. 19 be brought up at                                                 
this time. Without objection HOUSE CONCURRENT RESOLUTION                                            
NO. 19 was before the Senate on final passage.                                                      
                                                                                                    
                                                                                                    

2005-05-13                     Senate Journal                      Page 1637
The question being: "Shall HOUSE CONCURRENT RESOLUTION                                              
NO. 19 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules                                  
of the Alaska State Legislature, concerning Senate Bill No. 130,                                    
relating to workers compensation, pass the Senate?" The roll was                                    
taken with the following result:                                                                    
                                                                                                    
HCR 19                                                                                              
Final Passage                                                                                       
                                                                                                    
YEAS:  12   NAYS:  5   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Hoffman, Huggins, Seekins, Stedman,                                   
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Ellis, Elton, Guess, Kookesh, Olson                                                          
                                                                                                    
Excused:  Bunde, Davis, French                                                                      
                                                                                                    
and so, HOUSE CONCURRENT RESOLUTION NO. 19 failed.                                                  
                                                                                                    
HB 130                                                                                            
The following report was received and distributed at 2:35 p.m.,                                     
May 13:                                                                                             
                                                                                       May 13, 2005 
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The Conference Committee with limited powers of free conference                                     
considered CS FOR HOUSE BILL NO. 130(FIN) am and SENATE                                             
CS FOR CS FOR HOUSE BILL NO. 130(FIN) and recommends                                                
                                                                                                    
             CONFERENCE CS FOR HOUSE BILL NO. 130                                                   
             "An Act relating to the grant of certain state land to                                 
             the University of Alaska; relating to the duties of the                                
             Board of Regents; establishing the university                                          
             research forest; and providing for an effective date."                                 
                                                                                                    
be adopted with a Legislative Letter of Intent.                                                     
                                                                                                    
Signing the report: Senator Wagoner, Chair, Senator Wilken;                                         
Representative Ramras, Chair, Representatives Weyhrauch, Salmon                                     
                                                                                                    

2005-05-13                     Senate Journal                      Page 1638
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Fish and Game                                               
 Fiscal Note No. 2, Department of Law                                                               
 Fiscal Note No. 3, Department of Natural Resources                                                 
 Fiscal Note No. 4, University of Alaska                                                            
                                                                                                    
Senator Gary Stevens moved that the Senate adopt the Conference                                     
Committee Report on CONFERENCE CS FOR HOUSE BILL NO.                                                
130.                                                                                                
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on CONFERENCE CS FOR HOUSE BILL NO.                                                
130 "An Act relating to the grant of certain state land to the University                           
of Alaska; relating to the duties of the Board of Regents; establishing                             
the university research forest; and providing for an effective date"?"                              
The roll was taken with the following result:                                                       
                                                                                                    
CCS HB 130                                                                                          
Adopt Conference Committee Report?                                                                  
                                                                                                    
YEAS:  11   NAYS:  6   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Hoffman, Huggins, Seekins, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Nays:  Ellis, Elton, Guess, Kookesh, Olson, Stedman                                                 
                                                                                                    
Excused:  Bunde, Davis, French                                                                      
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    
Senator Gary Stevens moved for the adoption of the effective date                                   
clause.                                                                                             
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-13                     Senate Journal                      Page 1639
CCS HB 130                                                                                          
Effective Date Clause                                                                               
                                                                                                    
YEAS:  12   NAYS:  5   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Hoffman, Huggins, Seekins, Stedman,                                   
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Ellis, Elton, Guess, Kookesh, Olson                                                          
                                                                                                    
Excused:  Bunde, Davis, French                                                                      
                                                                                                    
and so, the effective date clause failed.                                                           
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
SB 141                                                                                            
The following report was received and distributed at 6:30 p.m., May                                 
13, 2005:                                                                                           
                                                                                       May 13, 2005 
                                                                                                    
Mr. President:                                                                                      
Mr. Speaker:                                                                                        
                                                                                                    
The Free Conference Committee considered CS FOR SENATE BILL                                         
NO. 141(FIN) and HOUSE CS FOR CS FOR SENATE BILL NO.                                                
141(FIN) am H and recommends                                                                        
                                                                                                    
                       FREE CONFERENCE CS FOR SENATE BILL NO.                                      
             141 (forthcoming)                                                                      
                                                                                                    
be adopted.                                                                                         
                                                                                                    
Signing the report: Senator Stedman, Chair, Senator Wilken. Signing                                 
with disappointment: Senator Elton. Signing the report:                                             
Representatives Kelly, Hawker, Kerttula                                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Administration                                                    
 Fiscal Note No. 3, Department of Revenue                                                           
 Fiscal Note No. 4, Department of Revenue                                                           
 Fiscal Note No. 5, Department of Revenue                                                           
 Fiscal Note No. 6, Department of Revenue                                                           

2005-05-13                     Senate Journal                      Page 1640
 Fiscal Note No. 7, Department of Revenue                                                           
 Fiscal Note No. 9, zero, Department of Administration                                              
 Fiscal Note No. 11, Department of Administration                                                   
                                                                                                    
An Analysis prepared by the Free Conference Committee for                                           
SENATE BILL NO. 141 is on file in the Office of the Senate                                          
Secretary.                                                                                          
                                                                                                    
President Stevens stated the report will remain on the Secretary's desk.                            
                                                                                                    
                                                                                                    
                                Unfinished Business                                              
                                                                                                    
Senator Olson moved and asked unanimous consent to be excused                                       
from a call of the Senate from morning plane time, May 14 to morning                                
plane time, May 16. Without objection, Senator Olson was excused.                                   
                                                                                                    
                                                                                                    
                                   Announcements                                                 
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                     Enrollment                                                  
                                                                                                    
SB 25                                                                                             
SENATE BILL NO. 25 "An Act relating to labeling and identification                                  
of genetically modified fish and fish products" 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 8:38 a.m., May 13, 2005.                                                                
                                                                                                    
SB 103                                                                                            
SENATE BILL NO. 103 "An Act relating to regulation of                                               
underground injection under the federal Safe Drinking Water Act; and                                
providing for an effective date" was enrolled, signed by the President                              
and Secretary, Speaker and Chief Clerk and the engrossed and                                        
enrolled copies transmitted to the Office of the Governor at 8:38 a.m.,                             
May 13, 2005 with a Legislative Letter of Intent.                                                   
                                                                                                    

2005-05-13                     Senate Journal                      Page 1641
SB 124                                                                                            
HOUSE CS FOR CS FOR SENATE BILL NO. 124(FIN) am H "An                                               
Act relating to requirements to obtain and maintain a fisheries business                            
license; relating to security required of fish processors and primary                               
fish buyers; and providing for an effective date" was enrolled, signed                              
by the President and Secretary, Speaker and Chief Clerk and the                                     
engrossed and enrolled copies transmitted to the Office of the                                      
Governor at 8:38 a.m., May 13, 2005.                                                                
                                                                                                    
SB 129                                                                                            
CS FOR SENATE BILL NO. 129(JUD) "An Act relating to the                                             
wrongful recording of a notice of pendency of an action relating to                                 
title to or right to possession of real property" 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 8:38 a.m., May 13, 2005.                                                                
                                                                                                    
SB 133                                                                                            
SENATE BILL NO. 133 "An Act establishing the Aviation Advisory                                      
Board; and providing for an effective date" was enrolled, signed by the                             
President and Secretary, Speaker and Chief Clerk and the engrossed                                  
and enrolled copies transmitted to the Office of the Governor at 8:38                               
a.m., May 13, 2005.                                                                                 
                                                                                                    
Memorandum from the Division of Legal and Research Services,                                        
Legislative Affairs Agency, reporting the following manifest errors in                              
SENATE BILL NO. 133 which has been corrected in enrolling:                                          
                                                                                                    
Page 3, line 10, following "of":                                                                    
      Insert "the"                                                                                  
                                                                                                    
Page 3, line 16, following "means":                                                                 
      Insert "the"                                                                                  
                                                                                                    
Page 3, line 21:                                                                                    
      Delete "AS 44.42.010 - AS 44.42.080"                                                          
      Insert "AS 44.42.010 - 44.42.080"                                                             
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-13                     Senate Journal                      Page 1642
SB 153                                                                                            
SENATE BILL NO. 153 "An Act relating to international airports                                      
revenue bonds; and providing for an effective date" was enrolled,                                   
signed by the President and Secretary, Speaker and Chief Clerk and                                  
the engrossed and enrolled copies transmitted to the Office of the                                  
Governor at 8:38 a.m., May 13, 2005.                                                                
                                                                                                    
                                                                                                    
                                    Adjournment                                                  
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 1:00 p.m., May 14, 2005. Without                                  
objection, the Senate adjourned at 8:42 p.m.                                                        
                                                                                                    
                                                                                       Kirsten Waid 
                                                                         Secretary of the Senate    
                                                                                                    
                                                                                            May 2005

2005-05-13                     Senate Journal                      Page 1643
                                   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.                                                     
                                                                                                    
                                                                                                    
                      ----------------------------------------                                     
                                                                                                    
                                  JOINT COMMITTEES                                               
                                                                                                    
                            CONFERENCE COMMITTEE ON HB 1                                         
                                                                                                    
May 13             Friday                                       Location Tba                      
= HB   1 INCREASE AMT OF BASE STUDENT ALLOCATION                                                    
                                                                                                    
May 14             Saturday                                     Location Tba                      
= HB   1 INCREASE AMT OF BASE STUDENT ALLOCATION                                                    
                      ----------------------------------------                                     
                                                                                                    
                           CONFERENCE COMMITTEE ON HB 130                                        
                                                                                                    
May 13             Friday                                          Capitol 124               10:00 
                   -- Please Note Time Change --                                                    
= HB 130 UNIVERSITY LAND GRANT/STATE FOREST                                                         
                      ----------------------------------------                                     
                                                                                                    
                           CONFERENCE COMMITTEE ON HB 147                                        
                                                                                                    
May 14             Saturday                                     Location Tba                    2:0
      HB 147 INSURANCE REGULATION                                                                   
                      ----------------------------------------                                     
                                                                                                    
                       CONFERENCE COMMITTEE ON HB 66 & HB 67                                     
                                                                                                    
May 13             Friday                                       Location Tba                      
= HB  66 APPROP: MENTAL HEALTH BUDGET                                                               
= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF                                                   
                                                                                                    

2005-05-13                     Senate Journal                      Page 1644
                 CONFERENCE COMMITTEE ON HB 66 & HB 67 (continued)                               
                                                                                                    
May 14             Saturday                                     Location Tba                      
= HB  66 APPROP: MENTAL HEALTH BUDGET                                                               
= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF                                                   
                      ----------------------------------------                                     
                                                                                                    
                           CONFERENCE COMMITTEE ON SB 130                                        
                                                                                                    
May 13             Friday                                      Butrovich 205                   9:00
                   -- Delayed to a Call of the Chair --                                             
= SB 130 WORKERS' COMPENSATION/ INSURANCE                                                           
                      ----------------------------------------                                     
                                                                                                    
                           FREE CONF COMMITTEE ON SB 141                                         
                                                                                                    
May 13             Friday                              Senate Finance 532                       5:1
                   -- Note Time Change --                                                           
= SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT/BOARDS