Legislature(2003 - 2004)

2004-06-23 Senate Journal

Full Journal pdf

2004-06-23                     Senate Journal                      Page 3855
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                           TWENTY-THIRD LEGISLATURE                                              
                                                                                                    
                             FIRST SPECIAL SESSION                                               
                                                                                                    
Juneau, Alaska                          Wednesday                           June 23, 2004         
                                                                                                    
                                  Second Day                                                     
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Therriault at 9:44 a.m.                                                                             
                                                                                                    
The roll showed eighteen members present. Senator Cowdery was                                       
excused from a call of the Senate. Senator Ogan was absent.                                         
                                                                                                    
The prayer was offered by the Chaplain, Senator Olson. Senator                                      
Hoffman moved and asked unanimous consent that the prayer be                                        
spread. Without objection, it was so ordered.                                                       
                                                                                                    
      Heavenly Father, we thank You for this time where we can                                      
      gather together to enjoy the sunshine, the beauty that                                        
      you've created around us, especially the health that we                                       
      have, Lord.                                                                                   
                                                                                                    
      Lord, as we get together and start to deal with some of the                                   
      issues that are presented, may we use wisdom, may we use                                      
      good sense, may we use collegiality and cooperation. That                                     
      is so important. Lord, may we as legislators be examples of                                   
      people that are indeed leaders able to make tough decisions                                   
      and able to carry on what's best for the people.                                              
                                                                                                    
      Be with our family and friends that we wish we were with                                      
      throughout the country, throughout the world, throughout                                      
      the state.                                                                                    
                                                                                                    
      Continue to guide us. Keep them safe. Keep us safe, Lord.                                     
                                                                                                    
      In Your Name.                                                             Amen.               

2004-06-23                     Senate Journal                      Page 3856
Senator Davis led the Senate in the Pledge of Allegiance.                                           
                                                                                                    
                                                                                                    
                                 Certification                                                   
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
journal for the first legislative day of the First Special Session be                               
approved as certified by the Secretary. Without objection, it was so                                
ordered.                                                                                            
                                                                                                    
                                                                                                    
                         Introduction of Chamber Staff                                           
                                                                                                    
Senator Elton introduced the Senate chamber staff for the First Special                             
Session as follows:                                                                                 
                                                                                                    
 Linda Bruce, Page                                                                                  
 Rachel Cohen, Assistant Sergeant-at-Arms                                                           
 John Farleigh, Page                                                                                
 Kaleb Froehlich, Page                                                                              
 Eric Gullufsen, Page                                                                               
 Jamiann Stevens, Sergeant-at-Arms                                                                  
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 1001                                                                                           
The Labor and Commerce Committee considered SENATE BILL NO.                                         
1001 "An Act relating to taxes on cigarettes and tobacco products, to                               
tax stamps on cigarettes, to forfeiture of cigarettes and of property                               
used in the manufacture, transportation, possession, or sale of                                     
unstamped cigarettes, to accounting for and use of part of the proceeds                             
of the additional cigarette tax, and to licenses and licensees under the                            
Cigarette Tax Act; relating to unfair cigarette sales; and providing for                            
an effective date." Signing do pass: Senator Bunde, Chair; Senators                                 
Gary Stevens, Seekins, French, Davis.                                                               
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 3, Department of Health and Social Services                                        
                                                                                                    

2004-06-23                     Senate Journal                      Page 3857
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Revenue                                                           
 Fiscal Note No. 2, Department of Public Safety                                                     
                                                                                                    
President Therriault added a Finance Committee referral to the bill.                                
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
SB 1002                                                                                           
The Judiciary Committee considered SENATE BILL NO. 1002 "An                                         
Act providing for a special deposit for workers' compensation insurers;                             
relating to assigned risk pools and workers' compensation insurers;                                 
relating to the board of governors of the Alaska Insurance Guaranty                                 
Association; stating the intent of the legislature, and setting out                                 
limitations, concerning the interpretation, construction, and                                       
implementation of workers' compensation laws; relating to                                           
restructuring the Alaska workers' compensation system; eliminating                                  
the Alaska Workers' Compensation Board; establishing a division of                                  
workers' compensation within the Department of Labor and Workforce                                  
Development and assigning certain Alaska Workers' Compensation                                      
Board functions to the division and the Department of Labor and                                     
Workforce Development; establishing a Workers' Compensation                                         
Appeals Commission; assigning certain functions of the Alaska                                       
Workers' Compensation Board to the Workers' Compensation Appeals                                    
Commission and the office of administrative hearings; relating to                                   
agreements that discharge workers' compensation liability; providing                                
for administrative law judges in workers' compensation proceedings;                                 
relating to workers' compensation awards; relating to an employer's                                 
failure to insure and keep insured or provide security; providing for                               
appeals from compensation orders; relating to workers' compensation                                 
proceedings; providing for supreme court jurisdiction of appeals from                               
the Workers' Compensation Appeals Commission; providing for a                                       
maximum amount for the cost-of-living adjustment for workers'                                       
compensation benefits; providing for administrative penalties for                                   
employers uninsured or without adequate security for workers'                                       
compensation; relating to fraudulent acts or false or misleading                                    
statements in worker's compensation; and providing for an effective                                 
date." Signing no recommendation: Senator Seekins, Chair; Senators                                  
Therriault, Ogan. Signing do not pass: Senators Ellis, French.                                      
                                                                                                    

2004-06-23                     Senate Journal                      Page 3858
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Alaska Court System                                                             
 Fiscal Note No. 2, Department of Administration                                                    
 Fiscal Note No. 3, Department of Labor and Workforce                                               
           Development                                                                              
 Fiscal Note No. 4, indeterminate, Department of Administration                                     
                                                                                                    
President Therriault added a Finance Committee referral to the bill.                                
                                                                                                    
The bill was referred to the Finance Committee.                                                     
                                                                                                    
The presence of Senator Ogan was noted.                                                             
                                                                                                    
                                    Recess                                                       
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in recess. Without objection, the Senate recessed at 9:50                              
a.m.                                                                                                
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 1:19 p.m.                                                                  
                                                                                                    
                                                                                                    
                    Standing Committee Reports (continued)                                       
                                                                                                    
SB 1001                                                                                           
The Finance Committee considered SENATE BILL NO. 1001 "An                                           
Act relating to taxes on cigarettes and tobacco products, to tax stamps                             
on cigarettes, to forfeiture of cigarettes and of property used in the                              
manufacture, transportation, possession, or sale of unstamped                                       
cigarettes, to accounting for and use of part of the proceeds of the                                
additional cigarette tax, and to licenses and licensees under the                                   
Cigarette Tax Act; relating to unfair cigarette sales; and providing for                            
an effective date." Signing do pass: Senator Wilken, Cochair, Senators                              
Dyson, Olson, Bunde, Ben Stevens. Signing do not pass: Senator                                      
Green, Cochair.                                                                                     
                                                                                                    
                                                                                                    
                                                                                                    

2004-06-23                     Senate Journal                      Page 3859
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Department of Revenue                                                           
 Fiscal Note No. 2, Department of Public Safety                                                     
 Fiscal Note No. 3, Department of Health and Social Services                                        
                                                                                                    
The bill is on today's calendar.                                                                    
                                                                                                    
SJR 103                                                                                           
The Finance Committee considered SENATE JOINT RESOLUTION                                            
NO. 103 Proposing amendments to the Constitution of the State of                                    
Alaska relating to an appropriation limit, and recommended it be                                    
replaced with                                                                                       
                                                                                                    
                      CS FOR SENATE JOINT RESOLUTION NO.                                           
           103(FIN)                                                                                 
           (forthcoming)                                                                            
                                                                                                    
Signing no recommendation: Senator Wilken, Cochair; Senator                                         
Hoffman. Signing amend: Senator Green; Cochair, Senators Olson,                                     
Ben Stevens. Signing do pass: Senators Dyson, Bunde.                                                
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, Office of the Governor                                                          
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
               Introduction and Reference of Senate Resolutions                                  
                                                                                                    
SCR 101                                                                                           
SENATE CONCURRENT RESOLUTION NO. 101 BY THE                                                         
SENATE FINANCE COMMITTEE,                                                                           
                                                                                                    
           Relating to offsetting the projected annual general                                      
           fund revenue shortfall through equal appropriations                                      
           from the constitutional budget reserve fund and the                                      
           earnings reserve account.                                                                
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    

2004-06-23                     Senate Journal                      Page 3860
                         Consideration of the Calendar                                           
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 1001                                                                                           
SENATE BILL NO. 1001 "An Act relating to taxes on cigarettes and                                    
tobacco products, to tax stamps on cigarettes, to forfeiture of cigarettes                          
and of property used in the manufacture, transportation, possession, or                             
sale of unstamped cigarettes, to accounting for and use of part of the                              
proceeds of the additional cigarette tax, and to licenses and licensees                             
under the Cigarette Tax Act; relating to unfair cigarette sales; and                                
providing for an effective date" was read the second time.                                          
                                                                                                    
Senator Ben 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. 1001 was read the third time.                                                       
                                                                                                    
The question being: "Shall SENATE BILL NO. 1001 "An Act relating                                    
to taxes on cigarettes and tobacco products, to tax stamps on                                       
cigarettes, to forfeiture of cigarettes and of property used in the                                 
manufacture, transportation, possession, or sale of unstamped                                       
cigarettes, to accounting for and use of part of the proceeds of the                                
additional cigarette tax, and to licenses and licensees under the                                   
Cigarette Tax Act; relating to unfair cigarette sales; and providing for                            
an effective date" pass the Senate?" The roll was taken with the                                    
following result:                                                                                   
                                                                                                    
SB 1001                                                                                             
Third Reading - Final Passage                                                                       
Effective Dates                                                                                     
                                                                                                    
YEAS:  14   NAYS:  5   EXCUSED:  1   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Davis, Dyson, Ellis, Elton, French, Guess, Lincoln,                                   
Olson, Seekins, Stedman, Stevens B, Stevens G, Wilken                                               
                                                                                                    
Nays:  Green, Hoffman, Ogan, Therriault, Wagoner                                                    
                                                                                                    
Excused:  Cowdery                                                                                   
                                                                                                    
and so, SENATE BILL NO. 1001 passed the Senate.                                                     

2004-06-23                     Senate Journal                      Page 3861
Senator Ben Stevens moved and asked unanimous consent that the                                      
vote on the passage of the bill be considered the vote on the effective                             
date clauses. Without objection, it was so ordered and the bill was                                 
referred to the Secretary for engrossment.                                                          
                                                                                                    
                                                                                                    
                              Unfinished Business                                                
                                                                                                    
Senator Ogan moved and asked unanimous consent to be excused                                        
from a call of the Senate from afternoon plane time, June 23 to                                     
morning plane time, June 27. Without objection, Senator Ogan was                                    
excused.                                                                                            
                                                                                                    
                                                                                                    
                                 Announcements                                                   
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                  Engrossment                                                    
                                                                                                    
SB 1001                                                                                           
SENATE BILL NO. 1001 "An Act relating to taxes on cigarettes and                                    
tobacco products, to tax stamps on cigarettes, to forfeiture of cigarettes                          
and of property used in the manufacture, transportation, possession, or                             
sale of unstamped cigarettes, to accounting for and use of part of the                              
proceeds of the additional cigarette tax, and to licenses and licensees                             
under the Cigarette Tax Act; relating to unfair cigarette sales; and                                
providing for an effective date" was engrossed, signed by the President                             
and Secretary and transmitted to the House for consideration.                                       
                                                                                                    
                                                                                                    
                                  Enrollment                                                     
                                                                                                    
SB 232                                                                                            
CS FOR SENATE BILL NO. 232(FIN) "An Act relating to federal tax                                     
requirements for and other provisions of the teachers' retirement                                   
system, the public employees' retirement system, and the judicial                                   
retirement system; removing village public safety officers from the                                 
public employees' retirement system; eliminating the public                                         

2004-06-23                     Senate Journal                      Page 3862
employees' retirement system conditional duty to refund contributions                               
under $1,000 to inactive employees; limiting service credit for village                             
public safety officer service in the public employees' retirement                                   
system to five years; 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 5:07 p.m., June 22, 2004.                                                               
                                                                                                    
Memorandum from the Division of Legal and Research Services,                                        
Legislative Affairs Agency, reporting the following manifest errors in                              
CS FOR SENATE BILL NO. 232(FIN), which have been corrected in                                       
enrolling:                                                                                          
                                                                                                    
Page 2, line 5:                                                                                     
      Delete "(b)"                                                                                  
                                                                                                    
Page 4, line 16:                                                                                    
      Delete "AS"                                                                               
                                                                                                    
Page 5, line 13:                                                                                    
      Delete the first occurrence of "the"                                                      
      Insert "this"                                                                             
                                                                                                    
                                                                                                    
                                  Adjournment                                                    
                                                                                                    
Senator Ben Stevens moved and asked unanimous consent that the                                      
Senate stand in adjournment until 9:00 a.m., June 24, 2004. Without                                 
objection, the Senate adjourned at 1:49 p.m.                                                        
                                                                                                    
                                                                             Kirsten Waid           
                                                                Secretary of the Senate             
                                                                                                    
                                                                                 June 2004          

2004-06-23                     Senate Journal                      Page 3863
                                 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                                                      
                                                                                                    
Jun 23           Wednesday                      Senate Finance 532                  9:30 AM       
                 -- Recessed to 2:00 PM --                                                          
+= SB1003 DISTRIBUTIONS OF APPROPS FROM PERM FUND                                                   
+= SB1004 G.O. BONDS FOR UNIVERSITY PROJECTS                                                        
+= SB1005 G.O. BONDS FOR SURFACE TRANS. PROJECTS                                                    
+= SJR101 CONST. AM: PERM FUND P.O.M.V.                                                             
+= SJR102 CONST. AM: PERM FUND P.O.M.V.; DIVIDENDS                                                  
+= SJR103 CONST AM: APPROPRIATION LIMIT                                                             
+ SB1001 TOBACCO TAX; LICENSING; PENALTIES                                                          
+ SB1002 INSURANCE & WORKERS' COMPENSATION SYSTEM                                                   
+ SCR101 FISCAL GAP APPROP FROM EARNINGS RESERVE                                                    
                                                                                                    
Jun 24           Thursday                       Senate Finance 532                10:00 AM        
+                Bills Previously Heard/Scheduled                                                   
                   ----------------------------------------                                        
                                                                                                    
                                   JUDICIARY                                                     
                                                                                                    
Jun 23           Wednesday                             Butrovich 205                8:00 AM       
= SB1002 INSURANCE & WORKERS' COMPENSATION SYSTEM                                                   
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2004-06-23                     Senate Journal                      Page 3864
                               JOINT COMMITTEES                                                  
                                                                                                    
                          LEGISLATIVE BUDGET & AUDIT                                             
                                                                                                    
Jun 23           Wednesday                       House Finance 519                  1:00 PM       
                 -- Meeting Canceled --                                                             
                 RPL - Alaska Aviation Safety Project                                               
                   ----------------------------------------                                        
                                                                                                    
                                OTHER MEETINGS                                                   
                                                                                                    
                        JOINT LEGISLATIVE HEALTH CAUCUS                                          
                                                                                                    
Jun 23           Wednesday                             Butrovich 205                1:00 PM       
                 "Getting Injured Alaskan Workers Back                                              
                 on the Job...is it Working?"                                                       
                   ----------------------------------------                                        
                                                                                                    
                                MAJORITY CAUCUS                                                  
                                                                                                    
Jun 23           Wednesday                             Butrovich 205                9:45 AM