Legislature(2005 - 2006)
2005-07-01 Senate Journal
Full Journal pdf2005-07-01 Senate Journal Page 1747 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE FIRST SESSION AND FIRST SPECIAL SESSION Juneau, Alaska Friday July 1, 2005 First Supplement Messages from the House SB 73 Message dated May 24 was received, stating the Speaker granted limited powers of free conference to the House conferees considering: 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." and 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 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." on the requested specific points. 2005-07-01 Senate Journal Page 1748 SB 73 Message dated May 24 was received, stating the House has adopted the report of the Conference Committee with limited powers of free conference considering CS FOR SENATE BILL NO. 73(FIN) am and CS FOR SENATE BILL NO. 73(FIN) am H, thus adopting: CONFERENCE CS FOR SENATE BILL NO. 73 "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; and providing for an effective date." The Senate adopted CONFERENCE CS FOR SENATE BILL NO. 73 on May 24 (page 1733). HB 1 Message dated May 24 was received, stating the House has adopted the report of the Conference Committee considering SENATE CS FOR CS FOR HOUSE BILL NO. 1(FIN) and CS FOR HOUSE BILL NO. 1(HES), thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 1 "An Act relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date." The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 1 on May 25 (page 1743). HB 66 Message dated May 24 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. 66(FIN) and CS FOR HOUSE BILL NO. 66(FIN), thus adopting: 2005-07-01 Senate Journal Page 1749 CONFERENCE CS FOR HOUSE BILL NO. 66 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 66 on May 24 (page 1735). HB 67 Message dated May 24 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. 67(FIN) and CS FOR HOUSE BILL NO. 67(FIN)(brf sup maj fld), thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 67(brf sup maj fld H) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 67 on May 24 (page 1735). Communications The following report is on file in the Office of the Secretary of the Senate: Alaska Labor Relations Agency 2004 Annual Report from Mark Torgerson, Administrator/Hearing Examiner in accordance with AS 23.05.370(a)(4) Enrollment SB 46 HOUSE CS FOR 2d CS FOR SENATE BILL NO. 46(FIN) am H(brf sup maj pfld H) "An Act making and amending appropriations, including capital appropriations, supplemental appropriations, reappropriations, and appropriations to capitalize funds; making 2005-07-01 Senate Journal Page 1750 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 enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 1:52 p.m., June 22, 2005. Memorandum from the Division of Legal and Research Services, Legislative Affairs Agency, reporting the following manifest errors in HOUSE CS FOR 2d CS FOR SENATE BILL NO. 46(FIN) am H(brf sup maj pfld H), which have been corrected in enrolling: Page 101, line 31: Delete "; INTENT" Page 103, line 7: Delete "that" Page 122, line 9, following "Borough": Insert "for" Page 125, line 9: Delete "in" Insert "by" Page 125, line 26: Delete "in" Insert "by" SB 101 HOUSE CS FOR CS FOR SENATE BILL NO. 101(JUD) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 2:36 p.m., June 22, 2005. Memorandum from the Division of Legal and Research Services, Legislative Affairs Agency, reporting the following manifest errors in HOUSE CS FOR CS FOR SENATE BILL NO. 101(JUD), which have been corrected in enrolling: 2005-07-01 Senate Journal Page 1751 Page 23, line 26: Delete "43 U.S.C. et seq." Insert "43 U.S.C. 1601 et seq." Page 33, line 24, following "emergency,": Insert "a" SB 125 CONFERENCE CS FOR SENATE BILL NO. 125 "An Act relating to the licensing, regulation, enforcement, and appeal rights of ambulatory surgical centers, assisted living homes, child care facilities, child placement agencies, foster homes, free-standing birth centers, home health agencies, hospices or agencies providing hospice services or operating hospice programs, hospitals, intermediate care facilities for the mentally retarded, maternity homes, nursing facilities, residential child care facilities, residential psychiatric treatment centers, runaway shelters, and rural health clinics; relating to possession of a firearm at licensed entities and facilities; relating to criminal history requirements, and a registry, regarding certain licenses, certifications, approvals, and authorizations by the Department of Health and Social Services; relating to the personal needs allowance for assisted living home residents, and authorizing emergency regulations relating to the personal needs allowance; making conforming amendments; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 2:36 p.m., June 22, 2005. Memorandum from the Division of Legal and Research Services, Legislative Affairs Agency, reporting the following manifest error in CONFERENCE CS FOR SENATE BILL NO. 125, which has been corrected in enrolling: Page 43, line 28: Delete "continuing" Insert "continue" SB 139 HOUSE CS FOR CS FOR SENATE BILL NO. 139(FIN) "An Act relating to termination and oversight of boards, commissions, and agency programs; extending the termination date of the Board of 2005-07-01 Senate Journal Page 1752 Marital and Family Therapy; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 2:36 p.m., June 22, 2005. Memorandum from the Division of Legal and Research Services, Legislative Affairs Agency, reporting the following manifest errors in HOUSE CS FOR CS FOR SENATE BILL NO. 139(FIN), which have been corrected in enrolling: Page 2, line 5: Delete "section" Insert "subsection" Page 2, line 9: Delete "order" Insert "orders" SB 22 CS FOR SENATE BILL NO. 22(FIN) "An Act adding birthing centers to the list of health facilities eligible for payment of medical assistance for needy persons" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 2:13 p.m., June 30, 2005. Messages from the Governor SB 153 Message dated and received May 27, stating on May 26, 2005, 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. 153 "An Act relating to international airports revenue bonds; and providing for an effective date." Chapter 28, SLA 2005 Effective Date: 05/27/2005 2005-07-01 Senate Journal Page 1753 HB 121 Message dated and received May 27, stating on May 26, 2005, the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 121(2d RLS) "An Act relating to consolidating or abolishing certain road service areas in certain second class boroughs; and providing for an effective date." Chapter 29, SLA 2005 Effective Date: 05/27/2005 HB 293 Message dated and received May 27, stating on May 26, 2005, the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 293 "An Act relating to a borough sales tax exemption for a source that is taxed by a city in that borough." Chapter 30, SLA 2005 Effective Date: 08/24/2005 SB 102 Message dated and received May 27, stating on May 26, 2005, the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 102(RES) "An Act repealing the Alaska coastal management program; relating to an extension for review and approval of revisions to the Alaska coastal management program; relating to reviews and modifications by the Department of Natural Resources; relating to coastal resource district 2005-07-01 Senate Journal Page 1754 policies; providing for an effective date by amending the effective date of sec. 45, ch. 24, SLA 2003; and providing for an effective date." Chapter 31, SLA 2005 Effective Date: See Chapter SB 103 Message dated June 2 and received June 3, 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. 103 "An Act relating to regulation of underground injection under the federal Safe Drinking Water Act; and providing for an effective date." Chapter 32, SLA 2005 Effective Date: 06/03/2005 SB 144 Message dated June 2 and received June 3, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 144(RES) "An Act relating to regulations, definitions, and permits under the emission control permit program; and providing for an effective date." Chapter 33, SLA 2005 Effective Date: 07/01/2005 SB 150 Message dated June 2 and received June 3, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 150(HES) "An Act relating to the Alaska children's trust grant awards." Chapter 34, SLA 2005 Effective Date: 08/31/2005 2005-07-01 Senate Journal Page 1755 SB 142 Message dated June 2 and received June 3, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 142(L&C) "An Act relating to ownership of land by regional school boards; and providing for an effective date." Chapter 35, SLA 2005 Effective Date: 06/03/2005 HB 123 Message dated June 2 and received June 3, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 123(RLS) am "An Act relating to occupational licensing fees, fines, and penalties and to regulatory board fines; extending the termination dates of the Boards of Barbers and Hairdressers, Social Work Examiners, Pharmacy, Professional Counselors, Psychologist and Psychological Associate Examiners, and Veterinary Examiners; relating to psychologist licensing by credentials; relating to an exemption that allows one bill to continue more than one board, commission, or agency program; and providing for an effective date." Chapter 36, SLA 2005 Effective Date: 06/03/2005 HB 90 Message dated June 2 and received June 3, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 90 "An Act requiring warrants drawn by the Department of Administration against the state treasury to be negotiable instruments." Chapter 37, SLA 2005 Effective Date: 08/31/2005 2005-07-01 Senate Journal Page 1756 HB 35 Message dated June 2 and received June 3, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 35(FIN) "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; extending the term of a temporary member of the State Board of Registration for Architects, Engineers, and Land Surveyors; and providing for an effective date." Chapter 38, SLA 2005 Effective Date: See Chapter SB 16 Message dated June 2 and received June 3, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 16(TRA) "An Act relating to the powers and duties of the Department of Transportation and Public Facilities; repealing the requirement for a long-range program for highway construction and maintenance; and repealing a requirement that public facilities comply with energy standards adopted by the Department of Transportation and Public Facilities; and providing for an effective date." Chapter 39, SLA 2005 Effective Date: See Chapter SB 67 Message dated June 7 and received June 8, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 67(FIN) am H "An Act relating to claims for personal injury or wrongful death against health care providers." 2005-07-01 Senate Journal Page 1757 Chapter 40, SLA 2005 Effective Date: 09/05/2005 HB 15 Message dated June 7 and received June 8, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 15(FIN) "An Act relating to brewpub licenses; relating to outdoor recreation lodge alcoholic beverage licenses; relating to transfer of certain beverage dispensary licenses issued before June 6, 1985; and providing for an effective date." Chapter 41, SLA 2005 Effective Date: See Chapter HB 19 Message dated June 7 and received June 8, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 19(FIN) "An Act relating to pesticides and broadcast chemicals; and providing for an effective date." Chapter 42, SLA 2005 Effective Date: 01/01/2006 HB 61 Message dated June 7 and received June 8, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 61(L&C) "An Act relating to Calcutta pools and crane classics as authorized forms of charitable gaming." Chapter 43, SLA 2005 Effective Date: 09/05/2005 2005-07-01 Senate Journal Page 1758 HB 214 Message dated June 7 and received June 8, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 214(STA) "An Act relating to anatomical gifts and the anatomical gift donor registry program." Chapter 44, SLA 2005 Effective Date: 09/05/2005 HB 277 Message dated June 7 and received June 8, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 277 "An Act naming the Charles Gamble Jr. - Donald Sperl Joint Use Facility in Juneau." Chapter 45, SLA 2005 Effective Date: 09/05/2005 HB 215 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 215(FIN) "An Act relating to the investment responsibilities of the Alaska Permanent Fund Corporation; relating to regulations proposed and adopted by the Board of Trustees of the Alaska Permanent Fund Corporation and providing procedures for the adoption of regulations by the board; and providing for an effective date." Chapter 46, SLA 2005 Effective Date: See Chapter 2005-07-01 Senate Journal Page 1759 HB 211 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 211(FIN) "An Act extending the termination date of the Board of Dental Examiners; and relating to dentists and dental hygienists." Chapter 47, SLA 2005 Effective Date: 9/22/2005 HB 210 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 210(JUD) am S "An Act relating to blood testing of certain persons alleged to have committed certain offenses directed toward peace officers or emergency workers." Chapter 48, SLA 2005 Effective Date: 9/22/2005 HB 187 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 187(FIN)(efd fld) "An Act relating to money deposited into the Alaska permanent fund as a result of the settlement of State v. Amerada Hess; relating to the Alaska capital income fund and to deposits of income from State v. Amerada Hess settlement money into the Alaska capital income fund." 2005-07-01 Senate Journal Page 1760 Chapter 49, SLA 2005 Effective Date: 9/22/2005 HB 161 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 161(FIN) am S "An Act relating to reemployment of and benefits for or on behalf of retired teachers and public employees and to teachers or employees who participated in retirement incentive programs and are subsequently reemployed as a commissioner; repealing secs. 5, 7, and 9, ch. 58, SLA 2001; providing for an effective date by amending the delayed effective date for secs. 3, 5, 9, and 12, ch. 57, SLA 2001, and repealing sec. 13, ch. 58, SLA 2001, which is the delayed effective date for secs. 5, 7, and 9, ch. 58, SLA 2001; and providing for an effective date." Chapter 50, SLA 2005 Effective Date: See Chapter HB 119 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN) "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." Chapter 51, SLA 2005 Effective Date: 06/25/2005 2005-07-01 Senate Journal Page 1761 HB 102 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 102 am "An Act relating to the licensure of foreign medical graduates and to applications for a license to practice medicine; and providing for an effective date." Chapter 52, SLA 2005 Effective Date: 06/25/2005 HB 98 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 98(FIN) am S "An Act relating to the compensation of the governor, the lieutenant governor, and certain public officials, officers, and employees not covered by collective bargaining agreements; and providing for an effective date." Chapter 53, SLA 2005 Effective Date: See Chapter HB 95 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 95(JUD) "An Act relating to the duties of the Department of Health and Social Services as those duties pertain to public health and public health emergencies and disasters; relating to medical treatment, information, isolation and quarantine for the prevention and management of conditions of 2005-07-01 Senate Journal Page 1762 public health importance; relating to duties of the public defender and office of public advocacy regarding public health emergencies and disasters; relating to liability for actions arising from public health procedures; making conforming amendments; relating to the treatment and transportation of dead bodies; amending Rules 4, 7, 8, 38, 40, 65, 72, and 77, Alaska Rules of Civil Procedure; and providing for an effective date." Chapter 54, SLA 2005 Effective Date: 06/25/2005 HB 249 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 249(RLS) "An Act relating to enhanced 911 systems and enhanced 911 surcharges imposed by a municipality, public municipal corporation, or village." Chapter 55, SLA 2005 Effective Date: 9/22/2005 SB 101 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 101(JUD) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." Chapter 56, SLA 2005 Effective Date: 06/25/2005 2005-07-01 Senate Journal Page 1763 SB 125 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR SENATE BILL NO. 125 "An Act relating to the licensing, regulation, enforcement, and appeal rights of ambulatory surgical centers, assisted living homes, child care facilities, child placement agencies, foster homes, free-standing birth centers, home health agencies, hospices or agencies providing hospice services or operating hospice programs, hospitals, intermediate care facilities for the mentally retarded, maternity homes, nursing facilities, residential child care facilities, residential psychiatric treatment centers, runaway shelters, and rural health clinics; relating to possession of a firearm at licensed entities and facilities; relating to criminal history requirements, and a registry, regarding certain licenses, certifications, approvals, and authorizations by the Department of Health and Social Services; relating to the personal needs allowance for assisted living home residents, and authorizing emergency regulations relating to the personal needs allowance; making conforming amendments; and providing for an effective date." Chapter 57, SLA 2005 Effective Date: See Chapter SB 139 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 139(FIN) "An Act relating to termination and oversight of boards, commissions, and agency programs; extending the termination date of the Board of Marital and Family Therapy; and providing for an effective date." 2005-07-01 Senate Journal Page 1764 Chapter 58, SLA 2005 Effective Date: 06/25/2005 HB 26 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 26(FIN) "An Act relating to short-term commercial fishing crewmember licenses; and providing for an effective date." Chapter 59, SLA 2005 Effective Date: 07/01/2005 HB 97 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 97(FIN) "An Act relating to the authority to take oaths, affirmations, and acknowledgments in the state, to notarizations, to verifications, to acknowledgments, to fees for issuing certificates with the seal of the state affixed, and to notaries public; and providing for an effective date." Chapter 60, SLA 2005 Effective Date: See Chapter HB 279 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 279(FIN) "An Act relating to encroachments in the right-of-way of a highway." 2005-07-01 Senate Journal Page 1765 Chapter 61, SLA 2005 Effective Date: 9/22/2005 HB 147 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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." Chapter 1, FSSLA 2005 Effective Date: See Chapter 2005-07-01 Senate Journal Page 1766 HB 94 Message dated June 24 and received June 27, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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." Chapter 2, FSSLA 2005 Effective Date: 9/22/2005 SB 46 Message dated June 28 and received June 29, stating: Dear President Stevens: On this date I signed with line item vetoes the following bill passed by the first special session of the Twenty-Fourth Alaska State Legislature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR 2d CS FOR SENATE BILL NO. 46(FIN) am H(brf sup maj pfld H) "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." 2005-07-01 Senate Journal Page 1767 Chapter 3, FSSLA 2005 Effective Date: See Chapter Alaska's future awaits great opportunities. The challenge of leadership is to make decisions today that will realize those opportunities tomorrow. The capital budget is the state's investment tool by which it can ensure Alaskans have the quality of life they treasure and our children have good paying, challenging careers at home. Overall the Fiscal Year 2006 capital budget totals nearly $1.7 billion, which is $264 million less than the prior fiscal year primarily due to a decrease in Federal funding. Of note, however, is the increased level of state general funds in the capital budget. The use of state funds is important because Alaska can fund state priorities instead of having the Federal government set our priorities because of heavy reliance on Federal dollars for capital improvements. This year's level of state investment is something Alaska has not been able to afford for many years. It has enabled the state to meet many of its basic responsibilities-from catching up on the care of our schools, to needed transportation improvements, to getting Alaska's infrastructure ready for the state's economic future, especially the gasline. The capital budget also includes $32 million for our Roads to Resources program. Alaska's wealth is in its natural resources but there are challenges in gaining access in order to develop. This initiative will advance oil and gas development on the North Slope and the Alaska Peninsula as well as advance mining opportunities across the state. For example, only yesterday a major new entrant to Alaska's oil and gas industry told me of the importance of the proposed Bullen Point Road to oil and gas development on the North Slope. I am most proud of the commitment made this session to meet the maintenance needs of schools throughout Alaska. Since creation of the Department of Education and Early Development's Major Maintenance priority list in 1994, this is the first time that the entire backlog of projects has been addressed. The capital budget appropriates $74 million in Fiscal Years 2006 and 2007 for school 2005-07-01 Senate Journal Page 1768 maintenance. In other legislation, the school debt reimbursement program was continued so that larger school districts would be able to address maintenance and school construction needs. In combination, more than $286 million will be invested to ensure Alaska's schools are safer and growing communities have the classrooms they need. This capital project funding is in addition to the increased commitment to K-12 education funding in the operating budget. Fiscal Year 2006 funding will increase $70 million, bringing the increase in education funding to 23% during the first three years of this Administration. Moreover, the Legislature advance funded K-12 by tapping $400 million of the windfall the state received in Fiscal Year 2005. In anticipation of gasline development we must get the state's infrastructure ready so it can transport the construction materials needed to build the gasline. The capital budget includes several projects that will get a start on these roads and bridges. But it is not just transportation of construction materials for which we must prepare; it's also the movement of people. While Alaska's population has seen stable growth in recent years, we still have congested roadways in our major population centers, such as Anchorage, Kenai, and the Matanuska-Susitna Borough. The capital budget includes $94 million to improve movement of local traffic so Alaskans will have more time with their families and spend less time waiting at crowded intersections. These improvements also will allow commerce to move more efficiently, thereby helping businesses transact more quickly with their customers. For the first time in a number of years, the Legislature appropriated "discretionary" funds to local governments and non-profit organizations for a wide variety of purposes. I have vetoed several of these for reasons that follow: Reason for veto: Inadequate documentation submitted to confirm that expenditure of funds would result in a public purpose or that the project would be completed: · Council of Athabaskan Tribal Governments - Solar Electrical System for Yukon Flats Health Center - $70,000 (amount funded is one-fifth project's cost) 2005-07-01 Senate Journal Page 1769 · Anchorage - Chester Creek Sports Complex Skate Park - $100,000 ($2 million requested) · Anchorage - Bancroft Subdivision Sound Barrier Fence - $40,000 (design money only; no indication how construction will be financed) · Port Lions - Solid Waste Disposal Site Upgrade - $5,000 (community requested $350,000) · Lake and Peninsula Borough - Kokhank/Purchase Fire Truck - $5,000 (community requested $150,000) · Old Harbor - Boat Harbor Expansion - $10,000 (community requested $4.3 million) · Iliamna - Barge Ramp Facilities and Docks - $10,000 (community requested $1.5 million) · Pedro Bay Landfill Road Completion - $10,000 (community requested $150,000) · Igiugig Seaplane Base Development - $10,000 (community requested $75,000 to design; no indication how construction would be financed) · Anchorage - Mountain Park/Robin Hill LRSA, Engineering and Construction for Drainage and Surface Improvements - $150,000 (back-up documentation indicates for engineering work only) Reason for veto: Utility related costs should be paid by ratepayers. · Homer Electric Association - Right of Way Clearing - $250,000 · Matanuska-Susitna Borough - Talkeetna Water and Sewer Plan - $40,000 Reason for veto: Membership organization/not a state responsibility: · Fairbanks Motorcycle Racing Lions Club - Safety Fencing and Enclosure Construction - $20,000 · Northwest Archers Association - Kincaid Park Archery Range Equipment - $10,000 I have also vetoed Section 19(a) - Re-appropriation of Federal Unrestricted Receipts Balances to the Alaska Debt Retirement Fund - indeterminate amount. There are several appropriations of federal 2005-07-01 Senate Journal Page 1770 unrestricted receipts that are not fully expended or encumbered. This veto will prevent the unintended consequence of re-appropriating those balances to the debt retirement fund. There are, however, a number of other grants on which conditions will be placed before they are disbursed. As appropriate, these conditions will include a requirement that communities resolve outstanding financial liabilities to the state or Federal government; have Workers' Compensation insurance in place; and assumption of responsibility for the operations and maintenance of improvements as required under the statute that governs grants to municipalities (AS 37.05.315(c)). Grants that are approved but will be conditioned upon resolution of financial liabilities include: · Hydaburg - School Van - $30,000 · Marshall - Community Center Renovation - $40,000 · Akhiok - Bulk Fuel Purchase (re-appropriation) · Saint George - Harbor Planning/Engineering - $150,000 · Tununak - Community Facilities and Equipment (re- appropriation) · Alakanuk - City Facilities Repair, Maintenance - $25,000 · Emmonak - Heavy Equipment, Purchase, Repair - $250,000 Grants that are approved but conditioned on Workers' Compensation insurance being in place include: · Angoon - Fire Truck - $30,000 · Angoon - Snow Removal Equipment - $50,000 · Angoon - Community Hall Renovation - $100,000 · Angoon - Search and Rescue Vessel Purchase - $57,000 Grants that are approved but conditions will be negotiated regarding local government assumption of ownership and/or maintenance and operations pursuant to AS 37.05.315(c) (Grants to Municipalities) include: · Wasilla - Wasilla to Big Lake Trail - $2 million · Anchorage - Glenn Highway Hightower Lighting/Veteran's Parkway Interchange to South Birchwood Loop Road - $2.7 million 2005-07-01 Senate Journal Page 1771 · Anchorage - Veteran's Memorial Highway - Eagle River High School Traffic Control Turn Lanes - $650,000 · Anchorage - Yosemite Drive Road and Drainage Improvements at Eagle Rim - $500,000 · Anchorage - Muldoon Road Lighting Project - $100,000 · Anchorage - Muldoon, Tudor Road Sound Barrier Fence - $600,000 · Anchorage - Strawberry Road/Jewel Lake Road Intersection Improvements - $1.3 million · Anchorage - Raspberry Road Extension - Minnesota to Rovenna - $1.3 million th · Anchorage - 88 Avenue Upgrade - $250,000 · Anchorage - Abbott Road Guard Rail Construction - $75,000 · Matanuska-Susitna Borough - Chip Seal Test Project on Crystal Lake Road in Willow - $85,000 · Soldotna - Kobuk/Sterling Highway Lights - $200,000 · Kodiak - Otmeloi Way Rehabilitation - $3.3 million · Bethel - Emergency Dock Repairs - $771,189 · Kenai - North Spur Highway Extension - $5 million Several grants to local governments are for operating costs. While I have approved the funding this time, it will be important that the communities find other funding going forward in order to meet these local priorities on a longer-term basis. I have also asked the Department of Commerce, Community and Economic Development to work with the U.S. Department of Energy to determine the feasibility of the work associated with a mini-nuclear power plant funded in a $500,000 grant to the City of Galena. I am also concerned that a number of grants partially fund projects. High oil prices and the subsequent windfall provided an opportunity this session for a state grant, but that does not mean there will be similar funding in the future. As a result, it is important for these communities and organizations to develop a solid finance plan for each project that does not solely rely on legislative discretionary funding in the future. 2005-07-01 Senate Journal Page 1772 Sincerely yours, /s/ Frank H. Murkowski Governor HB 67 Message dated June 28 and received June 29, stating: Dear President Stevens: On this date I have signed with a line item veto the following bill passed by the first special session of the Twenty-Fourth Alaska State Legislature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 67(brf sup maj fld H) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." Chapter 4, FSSLA 2005 Effective Date: See Chapter I greatly appreciate the Legislature's review and analysis of the Fiscal Year 2006 operating budget proposed by this administration last December. This budget continues the basic responsibilities that the state has to Alaskans, whether it is protecting the safety of our communities and most vulnerable citizens or building an economic climate that creates good paying jobs for generations of Alaskans. Out of the nearly $2.6 billion general fund operating budget, I have vetoed $461,900.00 from the Department of Corrections. These funds anticipated the Alaska State Troopers would transport misdemeanant prisoners to and from Anchorage area correctional facilities for court appearances. This is clearly a local responsibility and, indeed, is currently being performed by the Anchorage Police Department. My veto of this funding is consistent with the discussions between the Municipality of Anchorage and various members of my Administration. 2005-07-01 Senate Journal Page 1773 Over the last two years this Administration has met the challenge of controlling state budget growth through belt-tightening and ambitious initiatives such as Medicaid cost-containment. Over the same time, state support for K-12 education has increased nearly 23 percent, a commitment of which I am most proud. While some are quick to describe the increased Fiscal Year 2006 operating budget as a contributor to "runaway" spending, it's important to note that a significant portion is to fund legislatively mandated formula-driven programs-K-12 education ($70 million), Medicaid ($55 million), and retirement system contributions ($45 million). As the state enters Fiscal Year 2006, my Administration remains committed to ensuring that the state gets value for every dollar spent and that programs effectively deliver results for Alaskans. Sincerely yours, /s/ Frank H. Murkowski Governor HB 66 Message dated June 28 and received June 29, stating: Dear President Stevens: On this date I have signed the following bill passed by the first special session of the Twenty-Fourth Alaska State Legislature. I am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 66 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." Chapter 5, FSSLA 2005 Effective Date: 07/01/2005 2005-07-01 Senate Journal Page 1774 The Legislature added nearly $2.2 million in additional general and other funds to the mental health operating budget for FY2006 retirement costs, salary increases, and the University's Behavioral Health Education and Training programs. The Legislature funded all of the mental health capital projects put forward by the administration. I have signed the bill into law as passed by the Legislature. Sincerely yours, /s/ Frank H. Murkowski Governor HCR 7 Message dated May 27 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(RES) Urging the governor to direct the division of oil and gas, Department of Natural Resources, to undertake a comprehensive review of the subject of Cook Inlet oil and gas platform abandonment for the purpose of developing new oil and gas platform abandonment regulations and their adoption and implementation. Legislative Resolve No. 12 SCR 15 Message dated May 27 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 15 Authorizing the Legislative Budget and Audit Committee to pursue and direct litigation relating to state natural gas transportation. Legislative Resolve No. 13 2005-07-01 Senate Journal Page 1775 SCR 10 Message dated May 27 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 10 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 35, extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors. Legislative Resolve No. 15 HCR 9 Message dated May 27 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 9 Proclaiming Alaska Agriculture Day for 2005 and 2006. Legislative Resolve No. 17 HCR 10 Message dated May 27 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE CONCURRENT RESOLUTION NO. 10(RES) Supporting the development of the Kensington Gold Mine. Legislative Resolve No. 18 HCR 11 Message dated May 27 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 2005-07-01 Senate Journal Page 1776 HOUSE CONCURRENT RESOLUTION NO. 11 Proclaiming July 24, 2005, as Parents' Day. Legislative Resolve No. 19 HJR 20 Message dated June 3 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE JOINT RESOLUTION NO. 20 Urging the United States Congress and the United States Food and Drug Administration to assist in the prompt approval of new drug applications for the treatment of prostate cancer. Legislative Resolve No. 20 SCR 12 Message dated May 27 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 12 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 15, relating to alcoholic beverages licenses. Legislative Resolve No. 21 SCR 16 Message dated May 27 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 16 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 286, amending the manner of determining the royalty received by the 2005-07-01 Senate Journal Page 1777 state on gas production by directing the commissioner of natural resources to accept, under certain circumstances, the transfer price of the gas if established by transfer price order of the Regulatory Commission of Alaska. Legislative Resolve No. 22 SCR 17 Message dated May 27 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 17 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 53, relating to children in need of aid and related matters. Legislative Resolve No. 26 SR 4 Message dated May 27 was received, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE RESOLUTION NO. 4 Relating to the plans of the United States Postal Service to discontinue air shipment of bypass mail between Fairbanks, Alaska, and Barrow, Alaska. Senate Resolve No. 3 Unfinished Business Message dated May 27 was received, stating President Stevens made the following appointment: Parks Bail Advisory Committee Senator Seekins 2005-07-01 Senate Journal Page 1778 SB 101 A sectional analysis for the following will be published in Senate Journal Supplement No. 4: HOUSE CS FOR CS FOR SENATE BILL NO. 101(JUD) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." HOUSE CS FOR CS FOR SENATE BILL NO. 101(JUD) was signed into law on June 24 (page 1762). HB 98 The following bill was reprinted on May 12, 2005: SENATE CS FOR CS FOR HOUSE BILL NO. 98(FIN) am S "An Act relating to the compensation of the governor, the lieutenant governor, and certain public officials, officers, and employees not covered by collective bargaining agreements; and providing for an effective date." Engrossment HCR 19 On May 13, 2005, the Senate failed HOUSE CONCURRENT RESOLUTION NO. 19(fld S) Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 130, relating to workers compensation, and the resolution was engrossed and returned to the House for permanent filing.