Legislature(2005 - 2006)
2005-05-15 Senate Journal
Full Journal pdf2005-05-15 Senate Journal Page 1657 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE FIRST SPECIAL SESSION Juneau, Alaska Sunday May 15, 2005 Fifth Day Pursuant to adjournment the Senate was called to order by President Stevens at 2:38 p.m. The roll showed fifteen members present. Senators Olson, Bunde were excused from a call of the Senate. Senators Davis, Dyson, Hoffman were absent. Senator Gary Stevens moved and asked unanimous consent that Senator Davis be excused from a call of the Senate today. Without objection, Senator Davis was excused. The prayer was offered by the Chaplain, Alan Gordon. Senator Ellis moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord, Thank You for Your marvelous creation. Thank You for the mountains and valleys, the rocks and glaciers, the oceans and the rivers. Thank You, Lord, for the life that inhabits this incredible planet and thank You for allowing us to be among it. May You bless us and give us the wisdom to appreciate all that we have. Amen. Senator Guess led the Senate in the Pledge of Allegiance. 2005-05-15 Senate Journal Page 1658 Certification Senator Gary Stevens moved and asked unanimous consent that the journal for the fourth legislative day of the First Special Session be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senators Dyson, Hoffman was noted. Special Committee Reports HB 94 The following report was received and distributed at 12:15 p.m., May 15: May 14, 2005 Mr. President: Mr. Speaker: The Conference Committee considered SENATE CS FOR CS FOR HOUSE BILL NO. 94(STA) and CS FOR HOUSE BILL NO. 94(FIN) am and recommends CONFERENCE CS FOR HOUSE BILL NO. 94 "An Act relating to qualifications of voters, requirements and procedures regarding independent candidates for President and Vice-President of the United States, voter registration, voter residence, precinct boundary and polling place designation and modification, political parties, voters unaffiliated with a political party, early voting, absentee voting, ballot design, ballot counting, voting by mail, voting machines, vote tally systems, qualifications for elected office, initiative, referendum, recall, and definitions in the Alaska Election Code; and relating to incorporation elections." be adopted. 2005-05-15 Senate Journal Page 1659 Signing the report: Senator Gary Stevens, Chair, Senators Therriault, Elton; Representative Samuels, Chair, Representatives Elkins, Gruenberg The following previously published fiscal information applies: Fiscal Note No. 3, Office of the Governor Senator Gary Stevens moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 94. The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 94 "An Act relating to qualifications of voters, requirements and procedures regarding independent candidates for President and Vice- President of the United States, voter registration, voter residence, precinct boundary and polling place designation and modification, political parties, voters unaffiliated with a political party, early voting, absentee voting, ballot design, ballot counting, voting by mail, voting machines, vote tally systems, qualifications for elected office, initiative, referendum, recall, and definitions in the Alaska Election Code; and relating to incorporation elections"?" The roll was taken with the following result: CCS HB 94 Shall the Senate Adopt the Conference Committee Report? YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Bunde, Davis, Olson and so, the report was adopted. The Secretary was requested to notify the House. 2005-05-15 Senate Journal Page 1660 HB 147 The following report was received and distributed at 12:15 p.m., May 15: May 14, 2005 Mr. President: Mr. Speaker: The Conference Committee considered SENATE CS FOR CS FOR HOUSE BILL NO. 147(FIN) and CS FOR HOUSE BILL NO. 147(FIN) am and recommends CONFERENCE CS FOR HOUSE BILL NO. 147 "An Act relating to notice of suspension or revocation of an insurer's certificate of authority and the effect of the suspension or revocation upon the authority of agents and managing general agents of the insurer; relating to certain deposits under AS 21; relating to the yielding of assets and securities held on deposit; relating to third-party administrators under AS 21; relating to insurance agents, managing general agents, reinsurance intermediary managers, and insurance producers; requiring the director of insurance to notify a licensee of a license renewal before the renewal date; defining the term 'appointment' as used in part of AS 21; relating to the eligibility to provide coverage by a nonadmitted insurer and alien insurer; relating to surplus lines insurance and brokers; relating to misrepresentations and false advertising concerning insurance; relating to health discount plans; providing for limitations on owner controlled and contractor controlled insurance programs and limiting the coverage of those programs; prohibiting excessive, inadequate, or unfairly discriminatory rate charges for health insurance; defining the term 'plan administrator' as used in part of AS 21; defining the term 'transact' as used in AS 21; authorizing the director of insurance to designate a person to receive annual reports from companies; reducing the period for filing a quarterly financial statement; and providing for an effective date." be adopted. 2005-05-15 Senate Journal Page 1661 Signing the report: Senator Therriault, Chair, Senators Stedman, Ellis; Representative Rokeberg, Chair, Representatives Anderson, Gardner The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Commerce, Community and Economic Development Senator Gary Stevens moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 147. The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 147 "An Act relating to notice of suspension or revocation of an insurer's certificate of authority and the effect of the suspension or revocation upon the authority of agents and managing general agents of the insurer; relating to certain deposits under AS 21; relating to the yielding of assets and securities held on deposit; relating to third-party administrators under AS 21; relating to insurance agents, managing general agents, reinsurance intermediary managers, and insurance producers; requiring the director of insurance to notify a licensee of a license renewal before the renewal date; defining the term 'appointment' as used in part of AS 21; relating to the eligibility to provide coverage by a nonadmitted insurer and alien insurer; relating to surplus lines insurance and brokers; relating to misrepresentations and false advertising concerning insurance; relating to health discount plans; providing for limitations on owner controlled and contractor controlled insurance programs and limiting the coverage of those programs; prohibiting excessive, inadequate, or unfairly discriminatory rate charges for health insurance; defining the term 'plan administrator' as used in part of AS 21; defining the term 'transact' as used in AS 21; authorizing the director of insurance to designate a person to receive annual reports from companies; reducing the period for filing a quarterly financial statement; and providing for an effective date"?" The roll was taken with the following result: 2005-05-15 Senate Journal Page 1662 CCS HB 147 Shall the Senate Adopt the Conference Committee Report? Effective Dates YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Bunde, Davis, Olson and so, the report was adopted. Senator Gary Stevens moved and asked unanimous consent that the vote on the adoption of the Conference Committee Report be considered the vote on the effective date clauses. Without objection, it was so ordered. The Secretary was requested to notify the House. SB 46 Senator Green moved and asked unanimous consent that the Senate rescind its previous action in passing CS FOR SENATE BILL NO. 46(FIN) am "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, reappropriations, and appropriations to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." Without objection, it was so ordered. CS FOR SENATE BILL NO. 46(FIN) am was before the Senate in third reading on final passage. Senator Green moved and asked unanimous consent thatCS FOR SENATE BILL NO. 46(FIN) am be returned to second reading for the purpose of rescinding the previous action in adopting Amendment No. 1 (page 1540). Without objection, the bill was returned to second reading. 2005-05-15 Senate Journal Page 1663 Senator Green moved and asked unanimous consent that the Senate rescind its previous action in adopting Amendment No. 1. Without objection, Amendment No. 1 was before the Senate. Senator Green moved and asked unanimous consent that Amendment No. 1 be withdrawn. Without objection, Amendment No. 1 was withdrawn. CS FOR SENATE BILL NO. 46(FIN) am was automatically in third reading on final passage. Senator Green moved and asked unanimous consent thatCS FOR SENATE BILL NO. 46(FIN) am be returned to second reading for the purpose of rescinding the previous action in adopting Amendment No. 2 (page 1539). Without objection, the bill was returned to second reading. Senator Green moved and asked unanimous consent that the Senate rescind its previous action in adopting Amendment No. 2. Without objection, Amendment No. 2 was before the Senate. Senator Green moved and asked unanimous consent that Amendment No. 2 be withdrawn. Without objection, Amendment No. 2 was withdrawn. CS FOR SENATE BILL NO. 46(FIN) "An Act making capital appropriations; and providing for an effective date" was automatically before the Senate in third reading on final passage. Senator Green moved and asked unanimous consent to return to second reading for the purpose of rescinding the previous action in adopting the Finance Committee Substitute (page 1539). Without objection, the bill was returned to second reading. Senator Green moved and asked unanimous consent that the Senate rescind its previous action in adopting the Finance Committee Substitute. Without objection, it was so ordered. Senator Green moved and asked unanimous consent to withdraw the Finance Committee Substitute. Without objection, the Finance Committee Substitute was withdrawn. 2005-05-15 Senate Journal Page 1664 SENATE BILL NO. 46 "An Act making capital appropriations and appropriations to capitalize funds; and providing for an effective date" was automatically in third reading on final passage. Senator Green moved and asked unanimous consent that SENATE BILL NO. 46 be returned to the Finance Committee. Without objection, the bill was returned to the Finance Committee. Recess President Stevens stated that, without objection, the Senate would stand in recess to a call of the Chair. There being no objection, the Senate recessed at 2:53 p.m. After Recess The Senate reconvened at 5:18 p.m. Consideration of the Calendar Second Reading of Senate Bills SB 122 SENATE BILL NO. 122 "An Act establishing the Alaska capital income account within the Alaska permanent fund; relating to deposits into the account; relating to certain transfers regarding the Amerada Hess settlement to offset the effects of inflation on the Alaska permanent fund; and providing for an effective date" was not taken up on the May 15 calendar. The bill will be on the May 16 calendar. Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 16, 2005. Without objection, the Senate adjourned at 5:19 p.m. Kirsten Waid Secretary of the Senate May 2005 2005-05-15 Senate Journal Page 1665 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 FINANCE May 15 Sunday Senate Finance 532 3:00 PM -- Recessed to a Call of the Chair -- += SB 122 AMERADA HESS INCOME; CAPITAL INCOME ACCT. += SB 121 STATE OF AK CAPITAL CORP.; BONDS += SB 97 SUPPLEMENTAL APPROPRIATIONS/CBR += SB 46 APPROP: CAPITAL BUDGET May 16 Monday Senate Finance 532 + Bills Previously Heard/Scheduled ---------------------------------------- JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 1 May 15 Sunday Location Tba = HB 1 INCREASE AMT OF BASE STUDENT ALLOCATION May 16 Monday Location Tba = HB 1 INCREASE AMT OF BASE STUDENT ALLOCATION ---------------------------------------- 2005-05-15 Senate Journal Page 1666 CONFERENCE COMMITTEE ON HB 66 & HB 67 May 15 Sunday Location Tba = HB 66 APPROP: MENTAL HEALTH BUDGET = HB 67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF May 16 Monday Location Tba = HB 66 APPROP: MENTAL HEALTH BUDGET = HB 67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF ---------------------------------------- CONFERENCE COMMITTEE ON SB 73 May 16 Monday Senate Finance 532 SB 73 STATE VIROLOGY LABORATORY