Legislature(2005 - 2006)

2005-05-17 Senate Journal

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2005-05-17                     Senate Journal                      Page 1669
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                            FIRST SPECIAL SESSION                                                
                                                                                                    
Juneau, Alaska                     Tuesday                     May 17, 2005                       
                                                                                                    
                                 Seventh Day                                                     
                                                                                                    
                                                                                                    
The Senate was called to order by President Stevens at 4:14 p.m.                                    
                                                                                                    
The roll showed seventeen members present. Senator Seekins was                                      
excused from a call of the Senate. Senators Bunde, Davis were absent.                               
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that                                         
Senator Bunde be excused from a call of the Senate from today to                                    
evening plane time, May 22. Without objection, Senator Bunde was                                    
excused.                                                                                            
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that                                         
Senator Davis be excused from a call of the Senate from today to                                    
evening plane time, May 22. Without objection, Senator Davis was                                    
excused.                                                                                            
                                                                                                    
The prayer was offered by the Chaplain, Senator Huggins. Senator                                    
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
          Our most precious Heavenly Father, we thank You                                           
          for bringing us together today safely. We ask that the                                    
          actions this body might take be guided and prudent.                                       
          We ask a special blessing for the group of young                                          
          people here that we call pages.                                                           
                                                                                                    
             Father, You shepherded us through the winter and the                                  
          spring and we say thank You for that.                                                     
                                                                                                    
                                                                                                    

2005-05-17                     Senate Journal                      Page 1670
              With what we anticipate to be the closing days, we                                   
             ask You to guide us that we may be patient and take                                   
          prudent action.                                                                           
                                                                                                    
              We thank You for all that You have done for us. In                                   
   Jesus' Name.                                                      Amen.                         
                                                                                                    
Senator Green led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journals for the fifth and sixth legislative days of the First Special                              
Session be approved as certified by the Secretary. Without objection, it                            
was so ordered.                                                                                     
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
SB 133                                                                                            
Message dated May 14 was received May 15, stating the Governor                                      
signed the following bill and transmitted the engrossed and enrolled                                
copies to the Lieutenant Governor's Office for permanent filing:                                    
                                                                                                    
                 SENATE BILL NO. 133 "An Act establishing the                                      
                Aviation Advisory Board; and providing for an                                      
          effective date."                                                                          
                                                                                                    
                             Chapter 18, SLA 2005                                                  
                          Effective Date: 05/15/2005                                               
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
HB 94                                                                                             
Message dated May 15 was received, stating the House has adopted                                    
the report of the Conference Committee considering SENATE CS                                        
FOR CS FOR HOUSE BILL NO. 94(STA) and CS FOR HOUSE                                                  
BILL NO. 94(FIN) am, thus adopting:                                                                 

2005-05-17                     Senate Journal                      Page 1671
          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 Senate adopted CONFERENCE CS FOR SENATE BILL NO. 94                                             
on May 15 (page 1659).                                                                              
                                                                                                    
HB 130                                                                                            
Message dated May 16 was received, stating the House has adopted                                    
the report of the Conference Committee with limited powers of free                                  
conference considering SENATE CS FOR CS FOR HOUSE BILL                                              
NO. 130(FIN) and CS FOR HOUSE BILL NO. 130(FIN) am, thus                                            
adopting:                                                                                           
                                                                                                    
          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 Senate adopted CONFERENCE CS FOR HOUSE BILL NO.                                                 
130(efd fld S) on May 13 (page 1637).                                                               
                                                                                                    
HB 147                                                                                          
Message dated May 15 was received, stating the House has adopted                                    
the report of the Conference Committee considering SENATE CS                                        
FOR CS FOR HOUSE BILL NO. 147(FIN) and CS FOR HOUSE                                                 
BILL NO. 147(FIN) am, thus adopting:                                                                
                                                                                                    
                                                                                                    

2005-05-17                     Senate Journal                      Page 1672
          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 Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 147                                             
on May 15 (page 1661).                                                                              
                                                                                                    
SB 73                                                                                             
Message dated May 15 was received, stating the House has failed to                                  
recede from its amendment to CS FOR SENATE BILL NO. 73(FIN)                                         
am "An Act relating to a lease-purchase agreement for the                                           
construction, equipping, and financing of a state virology laboratory in                            
Fairbanks to be operated by the Department of Health and Social                                     

2005-05-17                     Senate Journal                      Page 1673
Services; relating to the issuance of certificates of participation for the                         
laboratory; relating to the use of certain investment income for certain                            
construction and equipment costs for the laboratory; and providing for                              
an effective date," namely:                                                                         
                                                                                                    
          CS FOR SENATE BILL NO. 73(FIN) am H "An Act                                               
          relating to reimbursement of municipal bonds for                                          
          school construction; relating to a lease-purchase                                         
          agreement for the construction, equipping, and                                            
          financing of a state virology laboratory in Fairbanks                                     
          to be operated by the Department of Health and                                            
          Social Services; relating to the issuance of certificates                                 
          of participation for the laboratory; relating to the use                                  
          of certain investment income for certain construction                                     
          and equipment costs for the laboratory; authorizing                                       
          financing for certain public transportation projects;                                     
          giving notice of and approving the entry into, and the                                    
          issuance of revenue obligations that provide                                              
          participation in, lease-financing agreements for those                                    
          transportation projects; and providing for an effective                                   
          date."                                                                                    
          (Title change authorized by HCR 24)                                                       
                                                                                                    
The Speaker has appointed the following members to a Conference                                     
Committee to meet with the like committee from the Senate to                                        
consider the bills:                                                                                 
                                                                                                    
 Representative Meyer, Chair                                                                        
 Representative Kelly                                                                               
 Representative Gruenberg                                                                           
                                                                                                    
Senate members appointed May 14:                                                                    
                                                                                                    
 Senator Wilken, Chair                                                                              
 Senator Huggins                                                                                    
 Senator Guess                                                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-17                     Senate Journal                      Page 1674
                               Concur Messages                                                   
                                                                                                    
SB 174                                                                                            
Message dated May 10 was received, stating the House passed and                                     
returned for consideration SENATE BILL NO. 174 "An Act excluding                                    
certain trucks from the definition of 'passenger vehicle' for purposes of                           
the passenger vehicle rental tax; and providing for an effective date"                              
with the following amendments:                                                                      
                                                                                                    
          HOUSE CS FOR SENATE BILL NO. 174(FIN) am                                                  
          H "An Act excluding certain trucks and vehicles                                           
          provided by automobile dealers as replacement                                             
          transportation during warranty, recall, or service                                        
          contract repairs from the definition of 'passenger                                        
          vehicle' for purposes of the passenger vehicle rental                                     
          tax; and providing for an effective date."                                                
          (Title change authorized by HCR 18)                                                       
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 46                                                                                             
The Finance Committee considered SENATE BILL NO. 46 "An Act                                         
making capital appropriations and appropriations to capitalize funds;                               
and providing for an effective date" and recommended it be replaced                                 
with                                                                                                
                                                                                                    
          2d CS FOR SENATE BILL NO. 46(2d FIN) "An Act                                              
          making appropriations, including capital                                                  
          appropriations; 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."                                                                   
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs; Senators                                         
Hoffman, Olson, Stedman. Signing no recommendation: Senator                                         
Dyson.                                                                                              
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    

2005-05-17                     Senate Journal                      Page 1675
SB 97                                                                                             
The Finance Committee considered SENATE BILL NO. 97 "An Act                                         
making supplemental, capital, and other appropriations, and                                         
reappropriations; amending appropriations; making appropriations to                                 
capitalize funds; making an appropriation under art. IX, sec. 17(c),                                
Constitution of the State of Alaska, from the constitutional budget                                 
reserve fund; and providing for an effective date" and recommended it                               
be replaced with                                                                                    
                                                                                                    
          CS FOR SENATE BILL NO. 97(FIN)                                                            
                                                                                                    
Signing do pass: Senators Wilken, Green, Cochairs; Senators                                         
Hoffman, Olson, Stedman. Signing no recommendation: Senator                                         
Dyson.                                                                                              
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 121                                                                                            
The Finance Committee considered SENATE BILL NO. 121 "An Act                                        
establishing the State of Alaska Capital Corporation; authorizing the                               
issuance of bonds by the State of Alaska Capital Corporation to                                     
finance capital improvements in the state; and providing for an                                     
effective date." Signing do pass: Senators Wilken, Green, Cochairs;                                 
Senators Hoffman, Stedman, Dyson.                                                                   
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Revenue                                                           
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SB 122                                                                                            
The Finance Committee considered SENATE BILL NO. 122 "An Act                                        
establishing the Alaska capital income account within the Alaska                                    
permanent fund; relating to deposits into the account; relating to                                  
certain transfers regarding the Amerada Hess settlement to offset the                               
effects of inflation on the Alaska permanent fund; and providing for an                             
effective date." Signing do pass: Senators Wilken, Green, Cochairs;                                 
Senators Hoffman, Dyson, Stedman.                                                                   
                                                                                                    
                                                                                                    

2005-05-17                     Senate Journal                      Page 1676
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Revenue                                                     
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 121                                                                                            
SENATE BILL NO. 121 "An Act establishing the State of Alaska                                        
Capital Corporation; authorizing the issuance of bonds by the State of                              
Alaska Capital Corporation to finance capital improvements in the                                   
state; and providing for an effective date" was read the second time.                               
                                                                                                    
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 BILL NO. 121 was read the third time.                                                        
                                                                                                    
The question being: "Shall SENATE BILL NO. 121 "An Act                                              
establishing the State of Alaska Capital Corporation; authorizing the                               
issuance of bonds by the State of Alaska Capital Corporation to                                     
finance capital improvements in the state; and providing for an                                     
effective date" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SB 121                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  15   NAYS:  2   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Ellis, Elton, Green, Hoffman, Huggins,                                       
Kookesh, Olson, Stedman, Stevens B, Stevens G, Therriault,                                          
Wagoner, Wilken                                                                                     
                                                                                                    
Nays:  French, Guess                                                                                
                                                                                                    
Excused:  Bunde, Davis, Seekins                                                                     
                                                                                                    
and so, SENATE BILL NO. 121 passed the Senate.                                                      

2005-05-17                     Senate Journal                      Page 1677
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.                                                          
                                                                                                    
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 read the                                   
second time.                                                                                        
                                                                                                    
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 BILL NO. 122 was read the third time.                                                        
                                                                                                    
The question being: "Shall 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" pass the Senate?" The roll was taken with the following                             
result:                                                                                             
                                                                                                    
SB 122                                                                                              
Third Reading - Final Passage                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  14   NAYS:  3   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Elton, Green, Hoffman, Huggins, Kookesh,                                     
Olson, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                   
                                                                                                    
Nays:  Ellis, French, Guess                                                                         
                                                                                                    
Excused:  Bunde, Davis, Seekins                                                                     
                                                                                                    
and so, SENATE BILL NO. 122 passed the Senate.                                                      
                                                                                                    
                                                                                                    

2005-05-17                     Senate Journal                      Page 1678
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.                                                          
                                                                                                    
SB 97                                                                                             
SENATE BILL NO. 97 "An Act making supplemental, capital, and                                        
other appropriations, and reappropriations; amending appropriations;                                
making appropriations to capitalize funds; making an appropriation                                  
under art. IX, sec. 17(c), Constitution of the State of Alaska, from the                            
constitutional budget reserve fund; and providing for an effective date"                            
was read the second time.                                                                           
                                                                                                    
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 1675.                                  
Without objection, CS FOR SENATE BILL NO. 97(FIN) was                                               
adopted.                                                                                            
                                                                                                    
Senators Olson, Green offered Amendment No. 1 :                                                      
                                                                                                    
Page 9, line 11:                                                                                    
     Delete "87,687,654" in both places                                                           
     Insert "98,547,401" in both places                                                           
                                                                                                    
Page 10, following line 16:                                                                         
     Insert new material to read:                                                                   
                                "ALLOCATIONS                                                        
Nunam Iqua School -                     10,859,747                                                  
 School Replacement -                                                                               
 REAA Lower Yukon"                                                                                  
                                                                                                    
Adjust funding information in sec. 2 accordingly.                                                   
                                                                                                    
Senator Green moved for the adoption of Amendment No. 1. Without                                    
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
Senator Guess offered Amendment No. 2 :                                                              
                                                                                                    
      Insert a new bill section to read:                                                            
                                                                                                    

2005-05-17                     Senate Journal                      Page 1679
"* Sec. A.  EXPENDITURES FOR FIXED WING JET AIRCRAFT.                                             
Notwithstanding any prior expenditure authorization to the contrary,                                
funds appropriated by this Act, by another Act passed by the First                                  
Regular Session or the First Special Session of the Twenty-Fourth                                   
Alaska State Legislature and enacted into law, or by another Act                                    
enacted by a prior legislature may not be used toward the cost of                                   
purchasing, leasing, or operating a fixed wing jet aircraft by the state."                          
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Conform bill sections to accommodate the addition of the new bill                                   
section.                                                                                            
                                                                                                    
Senator Guess moved for the adoption of Amendment No. 2. Senator                                    
Green objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 97(FIN) am                                                                                     
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  5   NAYS:  12   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Ellis, Elton, French, Guess, Kookesh                                                         
                                                                                                    
Nays:  Cowdery, Dyson, Green, Hoffman, Huggins, Olson, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Excused:  Bunde, Davis, Seekins                                                                     
                                                                                                    
and so, Amendment No. 2 failed.                                                                     
                                                                                                    
Senator French offered Amendment No. 3 :                                                             
                                                                                                    
Page 2, lines 10 - 11:                                                                              
     Delete all material and insert:                                                                
                                    "APPROPRIATION              GENERAL                             
                                         ITEMS                      FUND                            
Major Maintenance Grant  141,800,817                            141,800,817                       
 Fund (AS 14.11.007)"                                                                             
                                                                                                    

2005-05-17                     Senate Journal                      Page 1680
Page 9, lines 11 - 12:                                                                              
          Delete all material and insert:                                                           
                                    "APPROPRIATION              GENERAL                             
                                         ITEMS                      FUND                            
School Construction Grant  87,687,654                           87,687,654                        
 Fund (AS 14.11.005)"                                                                             
                                                                                                    
Page 11, lines 10 - 29:                                                                             
          Delete all material and insert:                                                           
                                    "APPROPRIATION              GENERAL                             
                                         ITEMS                      FUND                            
Anchorage Integrated                71,600,000                  71,600,000                          
 Science Facility Phase 1                                                                           
 and 2 (HD 17-32)                                                                                   
Kenai Cultural Arts and                 500,000                     500,000                         
 Research Center (HD 33-35)                                                                         
Kenai Peninsula College              3,000,000                   3,000,000                          
 Classroom Additions (HD                                                                            
 33-35)                                                                                             
Kenai Peninsula College              7,500,000                   7,500,000                          
 Student Housing (HD 33-35)                                                                         
Kodiak College Vocational  10,000,000                           10,000,000                          
 Technology Addition Phase I                                                                        
 - Kodiak Island Borough (HD                                                                        
 36)                                                                                                
Matanuska-Susitna Campus   1,500,000                             1,500,000                          
 Additions - Planning,                                                                              
 Design, and Construction                                                                           
 (HD 13-16)                                                                                         
UAF - Bristol Bay Campus   1,200,000                             1,200,000                          
 South Addition (HD 37)"                                                                            
                                                                                                    
Page 12, line 5:                                                                                    
     Delete "1198  Amerada Hess Bonds"                                                              
     Insert "1004  General Fund Receipts"                                                           
                                                                                                    
Page 12, line 8:                                                                                    
     Delete "1198  Amerada Hess Bonds"                                                              
     Insert "1004  General Fund Receipts"                                                           
                                                                                                    

2005-05-17                     Senate Journal                      Page 1681
Senator French moved for the adoption of Amendment No. 3. Senator                                   
Green objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 3 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 97(FIN) am                                                                                     
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  5   NAYS:  12   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Ellis, Elton, French, Guess, Kookesh                                                         
                                                                                                    
Nays:  Cowdery, Dyson, Green, Hoffman, Huggins, Olson, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Excused:  Bunde, Davis, Seekins                                                                     
                                                                                                    
and so, Amendment No. 3 failed.                                                                     
                                                                                                    
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.                                                
                                                                                                    
CS FOR SENATE BILL NO. 97(FIN) am was read the third time.                                          
                                                                                                    
The question being: "Shall CS FOR SENATE BILL NO. 97(FIN) am                                        
"An Act making supplemental, capital, and other appropriations, and                                 
reappropriations; amending appropriations; making appropriations to                                 
capitalize funds; making an appropriation under art. IX, sec. 17(c),                                
Constitution of the State of Alaska, from the constitutional budget                                 
reserve fund; and providing for an effective date" pass the Senate?"                                
The roll was taken with the following result:                                                       
                                                                                                    
CSSB 97(FIN) am                                                                                     
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  14   NAYS:  3   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Elton, Green, Hoffman, Huggins, Kookesh,                                     
Olson, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken                                   
                                                                                                    
Nays:  Ellis, French, Guess                                                                         
                                                                                                    
Excused:  Bunde, Davis, Seekins                                                                     

2005-05-17                     Senate Journal                      Page 1682
                                                                                                    
and so, CS FOR SENATE BILL NO. 97(FIN) 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 clauses. Without objection, it was so ordered.                                                 
                                                                                                    
Senator Gary Stevens moved for the adoption of the constitutional                                   
budget reserve fund sections.                                                                       
                                                                                                    
The question being: "Shall the constitutional budget reserve fund                                   
sections (Article IX, Section 17(c) Constitution of the State of Alaska)                            
be adopted?" The roll was taken with the following result:                                          
                                                                                                    
CSSB 97(FIN) am                                                                                     
Constitutional Budget Reserve Fund Sections                                                         
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman,                                 
Huggins, Kookesh, Olson, Stedman, Stevens B, Stevens G, Therriault,                                 
Wagoner, Wilken                                                                                     
                                                                                                    
Excused:  Bunde, Davis, Seekins                                                                     
                                                                                                    
and so, the constitutional budget reserve fund sections were adopted,                               
and the bill was referred to the Secretary for engrossment.                                         
                                                                                                    
                                                                                                    
                        Senate Bills in Third Reading                                            
                                                                                                    
SB 46                                                                                             
SENATE BILL NO. 46 "An Act making capital appropriations and                                        
appropriations to capitalize funds; and providing for an effective date"                            
was before the Senate in third reading.                                                             
                                                                                                    
Senator Green moved that the bill be returned to second reading for                                 
the purpose of adopting a 2d Finance Committee Substitute. Without                                  
objection, the bill was returned to second reading.                                                 
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-17                     Senate Journal                      Page 1683
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the 2d Finance Committee Substitute offered on page                                     
1674. Without objection, 2d CS FOR SENATE BILL NO. 46(2d FIN)                                       
"An Act making appropriations, including capital appropriations;                                    
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" was adopted and read the second time.                              
                                                                                                    
2d CS FOR SENATE BILL NO. 46(2d FIN) was automatically in                                           
third reading.                                                                                      
                                                                                                    
President Stevens stated that, under Uniform Rule 43(b), engrossment                                
may be waived on all bills transmitted to the House on this legislative                             
day.                                                                                                
                                                                                                    
SB 46                                                                                             
Senator Guess moved that the bill be returned to second reading for                                 
the purpose of a specific amendment, that being Amendment No. 3.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Guess offered Amendment No. 3 :                                                              
                                                                                                    
     Insert a new bill section to read:                                                             
"* Sec. A.  EXPENDITURES FOR FIXED WING JET AIRCRAFT.                                             
Notwithstanding any prior expenditure authorization to the contrary,                                
funds appropriated by this Act, by another Act passed by the First                                  
Regular Session or the First Special Session of the Twenty-Fourth                                   
Alaska State Legislature and enacted into law, or by another Act                                    
enacted by a prior legislature may not be used toward the cost of                                   
purchasing, leasing, or operating a fixed wing jet aircraft by the state."                          
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Conform bill sections to accommodate the addition of the new bill                                   
section.                                                                                            
                                                                                                    
Senator Guess moved for the adoption of Amendment No. 3. Senator                                    
Gary Stevens objected.                                                                              
                                                                                                    
                                                                                                    

2005-05-17                     Senate Journal                      Page 1684
The question being: "Shall Amendment No. 3 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
2d CSSB 46(2d FIN)                                                                                  
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  6   NAYS:  11   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Ellis, Elton, French, Guess, Kookesh, Therriault                                             
                                                                                                    
Nays:  Cowdery, Dyson, Green, Hoffman, Huggins, Olson, Stedman,                                     
Stevens B, Stevens G, Wagoner, Wilken                                                               
                                                                                                    
Excused:  Bunde, Davis, Seekins                                                                     
                                                                                                    
and so, Amendment No. 3 failed.                                                                     
                                                                                                    
2d CS FOR SENATE BILL NO. 46(2d FIN) was automatically in                                           
third reading.                                                                                      
                                                                                                    
Senator Green moved that the bill be returned to second reading for                                 
the purpose of a specific amendment, that being Amendment No. 4.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Green offered Amendment No. 4 :                                                              
                                                                                                    
Page 73, following line 24:                                                                         
 Insert:                                                                                            
         "Appropriation   General   Other                                                           
     Items    Funds   Funds                                                                         
                                                                                                    
UAF - Ocean   10,000,000   10,000,000                                                               
Sciences Facility                                                                                   
at Lena Point (HD 3-4)"                                                                             
                                                                                                    
Senator Green moved for the adoption of Amendment No. 4. Without                                    
objection, Amendment No. 4 was adopted.                                                             
                                                                                                    
2d CS FOR SENATE BILL NO. 46(2d FIN) am was automatically in                                        
third reading.                                                                                      
                                                                                                    
                                                                                                    

2005-05-17                     Senate Journal                      Page 1685
Senator Green moved that the bill be returned to second reading for                                 
the purpose of a specific amendment, that being Amendment No. 5.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator Green offered Amendment No. 5 :                                                              
                                                                                                    
Page 85, line 19:                                                                                   
     Delete all material.                                                                           
     Insert new bill sections to read:                                                              
"* Sec. 11.  Section 9(e) of this Act takes effect July 1, 2006.                                  
   * Sec. 12.  Except as provided in sec. 11 of this Act, this Act takes                          
effect July 1, 2005."                                                                               
                                                                                                    
Senator Green moved for the adoption of Amendment No. 5. Without                                    
objection, Amendment No. 5 was adopted.                                                             
                                                                                                    
2d CS FOR SENATE BILL NO. 46(2d FIN) am was automatically in                                        
third reading on final passage.                                                                     
                                                                                                    
The question being: "Shall 2d CS FOR SENATE BILL NO. 46(2D                                          
FIN) am "An Act making appropriations, including capital                                            
appropriations; 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" pass the Senate?"                                
The roll was taken with the following result:                                                       
                                                                                                    
2d CSSB 46(2d FIN) am                                                                               
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
YEAS:  17   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman,                                 
Huggins, Kookesh, Olson, Stedman, Stevens B, Stevens G, Therriault,                                 
Wagoner, Wilken                                                                                     
                                                                                                    
Excused:  Bunde, Davis, Seekins                                                                     
                                                                                                    
and so, 2d CS FOR SENATE BILL NO. 46(2d FIN) am passed the                                          
Senate.                                                                                             
                                                                                                    
                                                                                                    

2005-05-17                     Senate Journal                      Page 1686
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.                                                 
                                                                                                    
Senator Gary Stevens moved for the adoption of the constitutional                                   
budget reserve fund sections.                                                                       
                                                                                                    
The question being: "Shall the constitutional budget reserve fund                                   
sections (Article IX, Section 17(c) Constitution of the State of Alaska)                            
be adopted?" The roll was taken with the following result:                                          
                                                                                                    
2d CSSB 46(2d FIN) am                                                                               
Constitutional Budget Reserve Fund Sections                                                         
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman,                                 
Huggins, Kookesh, Olson, Stedman, Stevens B, Stevens G, Therriault,                                 
Wagoner, Wilken                                                                                     
                                                                                                    
Excused:  Bunde, Davis, Seekins                                                                     
                                                                                                    
and so, the constitutional budget reserve fund sections were adopted,                               
and the bill was referred to the Secretary for engrossment.                                         
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
Senator Elton moved and asked unanimous consent to be excused                                       
from a call of the Senate on May 22. Without objection, Senator Elton                               
was excused.                                                                                        
                                                                                                    
Senator Ellis moved and asked unanimous consent to be excused from                                  
a call of the Senate from May 18 to morning plane time, May 23.                                     
Without objection, Senator Ellis was excused.                                                       
                                                                                                    
Senator Kookesh moved and asked unanimous consent to be excused                                     
from a call of the Senate from noon plane time, May 19 to morning                                   
plane time, May 22. Without objection, Senator Kookesh was excused.                                 
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-17                     Senate Journal                      Page 1687
Senator French moved and asked unanimous consent to be excused                                      
from a call of the Senate from May 18 to morning plane time, May 23.                                
Without objection, Senator French was excused.                                                      
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                    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 4:52 p.m.                                                                        
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 8:16 p.m.                                                                  
                                                                                                    
                                                                                                    
                                 Engrossment                                                     
                                                                                                    
SB 46                                                                                             
2d CS FOR SENATE BILL NO. 46(2d FIN) am "An Act making                                              
appropriations, including capital appropriations; 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" was engrossed, signed by the President and                                       
Secretary and transmitted to the House for consideration.                                           
                                                                                                    
SB 97                                                                                             
CS FOR SENATE BILL NO. 97(FIN) am "An Act making                                                    
supplemental, capital, and other appropriations, and reappropriations;                              
amending appropriations; making appropriations to capitalize funds;                                 
making an appropriation under art. IX, sec. 17(c), Constitution of the                              
State of Alaska, from the constitutional budget reserve fund; and                                   
providing for an effective date" was engrossed, signed by the President                             
and Secretary and transmitted to the House for consideration.                                       

2005-05-17                     Senate Journal                      Page 1688
SB 121                                                                                            
SENATE BILL NO. 121 "An Act establishing the State of Alaska                                        
Capital Corporation; authorizing the issuance of bonds by the State of                              
Alaska Capital Corporation to finance capital improvements in the                                   
state; and providing for an effective date" was engrossed, signed by                                
the President and Secretary and transmitted to the House for                                        
consideration.                                                                                      
                                                                                                    
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 engrossed,                                 
signed by the President and Secretary and transmitted to the House for                              
consideration.                                                                                      
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., May 18, 2005. Without                                 
objection, the Senate adjourned at 8:17 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    June 2005                       

2005-05-17                     Senate Journal                      Page 1689
                                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 17        Tuesday                   Senate Finance 532          10:00 AM                      
= SB  46 APPROP: CAPITAL BUDGET                                                                     
= SB  97 SUPPLEMENTAL APPROPRIATIONS/CBR                                                            
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
Jun 09        Thursday                  Anch Lio Conf Rm            10:00 AM                      
+             Joint w/(H) Transportation                                                            
              Force Account Projects Briefing -                                                     
              Pat Davidson, Leg. Auditor                                                            
              Privatization of Transportation Services                                              
              British Columbia                                                                      
              Public Testimony - General Contractors,                                               
              Builders and Others                                                                   
              Force Account Projects Presentation -                                                 
              DOT/PF                                                                                
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                         CONFERENCE COMMITTEE ON HB 1                                            
                                                                                                    
May 17        Tuesday                          Location Tba               TBA                     
= HB   1 INCREASE AMT OF BASE STUDENT ALLOCATION                                                    
                                                                                                    

2005-05-17                     Senate Journal                      Page 1690
May 18        Wednesday                        Location Tba               TBA                     
= HB   1 INCREASE AMT OF BASE STUDENT ALLOCATION                                                    
                   ----------------------------------------                                        
                                                                                                    
                    CONFERENCE COMMITTEE ON HB 66 & HB 67                                        
                                                                                                    
May 17        Tuesday                          Location Tba               TBA                     
= HB  66 APPROP: MENTAL HEALTH BUDGET                                                               
= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF                                                   
                                                                                                    
May 18        Wednesday                        Location Tba               TBA                     
= HB  66 APPROP: MENTAL HEALTH BUDGET                                                               
= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF                                                   
                   ----------------------------------------                                        
                                                                                                    
                        CONFERENCE COMMITTEE ON SB 73                                            
                                                                                                    
May 17        Tuesday                   Senate Finance 532                TBA                     
= SB  73 STATE VIROLOGY LABORATORY                                                                  
                                                                                                    
May 18        Wednesday                 Senate Finance 532                TBA                     
= SB  73 STATE VIROLOGY LABORATORY                                                                  
                   ----------------------------------------                                        
                                                                                                    
                    SELECT COMMITTEE ON LEGISLATIVE ETHICS                                       
                                                                                                    
May 23        Monday                    Anch Lio Conf Rm            10:00 AM                      
+             Full Committee Meeting