Legislature(2005 - 2006)
2005-04-08 Senate Journal
Full Journal pdf2005-04-08 Senate Journal Page 0837 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE FIRST SESSION Juneau, Alaska Friday April 8, 2005 Eighty-ninth Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:24 a.m. The roll showed eighteen members present. Senator Dyson was excused from a call of the Senate. Senator Bunde was absent. Senator Gary Stevens moved and asked unanimous consent that Senator Bunde be excused from a call of the Senate today due to medical reasons. Without objection, Senator Bunde was excused. The prayer was offered by the Chaplain, Pastor Mike Rose of the Juneau Christian Center. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Heavenly Father, Thank You for this beautiful day, and this opportunity to live our lives for Your glory. We pray that Your kingdom come and Your will be done in this place as it is in Heaven. Lord, we ask that You will help us to be in alignment with Your word, Your will and Your ways. We pray today that godly wisdom and understanding will be our portion that we will allow Your word to be a lamp unto our feet and a light to our path. Father, today we lift the senate before You, and ask that You will bless each senator and their families. God, we pray for Your protection and guidance in their lives today. 2005-04-08 Senate Journal Page 0838 Lord, we lift our troops before You and we ask that You will protect them and prosper them in the Middle East assignment. I pray these things in the name of Jesus, for Yours is the kingdom, the honor and the glory forever. Amen. Senator Davis led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the eighty-seventh and eighty-eighth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor SB 98 Message dated and received April 7 was read, stating: On this date I signed with line item vetoes the following bill passed by the first 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 SENATE BILL NO. 98 "An Act making supplemental appropriations, capital appropriations, and other appropriations; amending appropriations; making 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." Chapter No. 6, SLA 2005 Effective Date: See Chapter 2005-04-08 Senate Journal Page 0839 I appreciate the Legislature's prompt action in approving the "fast track" supplemental and for funding a number of the administration's priorities. This will enable important services to continue without disruption to the citizens of our state. A key commitment I made last fall was to increase funding for Alaska's schools and to make that commitment early so districts would have predictability in planning for the upcoming school year. I was pleased to see the Legislature agree to include K-12 funding for Fiscal Year 2006 in this legislation even though the actual amount of increase still hinges on resolving differences in another piece of legislation. Based on my review of CCS SB 98, I have vetoed the following for the reasons described: Section 4 (h) Mt. Edgecumbe boarding school - $200,000 This funding is in addition to the $600,000 to meet the room and board costs for 30 additional Mt. Edgecumbe students enrolled this year. As explained in testimony before the House Finance Committee, the administration had agreed to provide the additional $200,000 needed and no formal appropriation by the Legislature was necessary. Section 7 (a) - (c), (e), (f) Gas Pipeline - $22,170,000 The Legislature appropriated a majority of the funding for work on the gasline to the Legislative Budget and Audit Committee instead of directly to the state agencies that are responsible for execution of the Stranded Gas Act. This raises a significant concern. First, by giving a legislative committee power to contract with executive agencies to provide services that are necessary to execute the law, the legislative committee is exercising executive power by supervising those agencies during their execution of the law. This violates the separation of powers doctrine that is implicit in Alaska's Constitution that gives the power to execute law to the executive branch. A second concern is that with record high oil prices we should continue to use traditional sources of funding to meet these needs. It is for these reasons I have vetoed these appropriations. 2005-04-08 Senate Journal Page 0840 Section 7 (d) - Gas Pipeline - $1,525,000 I have vetoed the use of non-general fund earnings as a fund source for this appropriation to the Department of Natural Resources for gas pipeline work. I believe we should be using the more traditional fund source of the general fund to support these efforts. Section 8 - Office of the Governor ANWR Advocacy - $125,000 I am concerned that a non-traditional fund source has been used to support these advocacy efforts and as a result, I have vetoed that fund source. Because of the importance of these issues, I will submit to the Legislature another request to fund the department's gasline work and ANWR advocacy. I will request that funds be appropriated directly to the departments responsible and accountable for implementation of the Stranded Gas Act and that the funding come from the state's general fund. Key issues remain during the final weeks of this legislative session. I look forward to working with the Legislature in not only meeting today's obligations but achieving our mutual expectations for a bright future. Sincerely yours, /s/ Frank H. Murkowski Governor Message dated April 7 was received, reflecting the following reappointment date omitted in the transmittal letter dated March 29 (page 753): Board of Veterinary Examiners Dr. Timothy L. Bowser - Soldotna Appointed: 2/19/2003 Reappointed: 3/23/2005 Term Expires: 3/1/2008 2005-04-08 Senate Journal Page 0841 Messages from the House Messages dated April 7 were read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 5 CS FOR HOUSE JOINT RESOLUTION NO. 5(RES) BY THE HOUSE RESOURCES COMMITTEE, Opposing imposition of a milk tax on Alaskans. was read the first time and referred to the Resources and Labor and Commerce Committees. HJR 16 CS FOR HOUSE JOINT RESOLUTION NO. 16(RES) am BY THE HOUSE RESOURCES COMMITTEE, Opposing the designation of any area in the state as a world heritage site, biosphere reserve, or any other type of international designation without the consent of the Alaska State Legislature and affected local governments. was read the first time and referred to the Resources Committee. First Reading and Reference of House Bills HB 66 CS FOR HOUSE BILL NO. 66(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "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." 2005-04-08 Senate Journal Page 0842 was read the first time and referred to the Finance Committee. HB 67 CS FOR HOUSE BILL NO. 67(FIN)(brf sup maj fld) BY THE HOUSE FINANCE COMMITTEE, entitled: "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." was read the first time and referred to the Finance Committee. HB 185 CS FOR HOUSE BILL NO. 185(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to immunization of postsecondary students for meningitis; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services Committee. HB 197 CS FOR HOUSE BILL NO. 197(RLS) BY THE HOUSE RULES COMMITTEE, entitled: "An Act exempting certain natural gas exploration and production facilities from oil discharge prevention and contingency plans and proof of financial responsibility, and amending the powers and duties of the Alaska Oil and Gas Conservation Commission with respect to those plans; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. 2005-04-08 Senate Journal Page 0843 Standing Committee Reports SB 103 The Finance Committee considered 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" and recommends the adoption of the Resources Committee Letter of Intent offered on page 531. Signing do pass: Senators Wilken, Green; Cochairs; Senator Bunde. Signing no recommendation: Senators Hoffman, Olson, Stedman. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Administration Fiscal Note No. 2, zero, Department of Natural Resources The bill was referred to the Rules Committee. SB 130 The Judiciary Committee considered SENATE BILL NO. 130 "An Act relating to a special deposit for workers' compensation and employers' liability insurers; relating to assigned risk pools; relating to workers' compensation insurers; stating the intent of the legislature, and setting out limitations, concerning the interpretation, construction, and implementation of workers' compensation laws; relating to the Alaska Workers' Compensation Board; assigning certain Alaska Workers' Compensation Board functions to the division of workers' compensation in the Department of Labor and Workforce Development and to that department, and authorizing the board to delegate administrative and enforcement duties to the division; establishing a Workers' Compensation Appeals Commission; providing for workers' compensation hearing officers in workers' compensation proceedings; relating to workers' compensation medical benefits and to charges for and payment of fees for the medical benefits; relating to agreements that discharge workers' compensation liability; relating to workers' compensation awards; relating to reemployment benefits and job dislocation benefits; relating to coordination of workers' compensation and certain disability benefits; relating to division of workers' compensation records; relating to release of treatment records; relating to an employer's failure to insure 2005-04-08 Senate Journal Page 0844 and keep insured or provide security; providing for appeals from compensation orders; relating to workers' compensation proceedings; providing for supreme court jurisdiction of appeals from the Workers' Compensation Appeals Commission; providing for a maximum amount for the cost-of-living adjustment for workers' compensation benefits; relating to attorney fees; providing for the department to enter into contracts with nonprofit organizations to provide information services and legal representation to injured employees; providing for administrative penalties for employers uninsured or without adequate security for workers' compensation; relating to fraudulent acts or false or misleading statements in workers' compensation and penalties for the acts or statements; providing for members of a limited liability company to be included as an employee for purposes of workers' compensation; establishing a workers' compensation benefits guaranty fund; relating to the second injury fund; making conforming amendments; providing for a study and report by the medical services review committee; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 130(JUD) (forthcoming) Signing do pass: Senator Seekins, Chair. Signing no recommendation: Senators French, Guess, Therriault, Huggins. The following fiscal information was published today: Fiscal Note No. 7, zero, Department of Commerce, Community, and Economic Development The following previously published fiscal information applies: Fiscal Note No. 5, zero, Alaska Court System Fiscal Note No. 6, Department of Labor and Workforce Development The bill was referred to the Finance Committee. SB 131 The Labor and Commerce Committee considered SENATE BILL NO. 131 "An Act amending the Alaska Wage and Hour Act as it relates to the employment of a person acting in a supervisory capacity; 2005-04-08 Senate Journal Page 0845 providing definitions for persons employed in administrative, executive, and professional capacities, for persons working in the capacity of an outside salesman, and for persons working in the capacity of a salesman employed on a straight commission basis" and recommended it be replaced with CS FOR SENATE BILL NO. 131(L&C) "An Act amending the Alaska Wage and Hour Act as it relates to the employment of a person acting in a supervisory capacity or in an administrative, executive, or professional capacity; relating to definitions under the Alaska Wage and Hour Act and providing definitions for persons employed in administrative, executive, and professional capacities, for persons working in the capacity of an outside salesman, for persons working in the capacity of a salesman employed on a straight commission basis, and for persons that perform computer-related occupations; and providing for an effective date." Signing do pass: Senator Bunde, Chair; Senators Ellis, Seekins, Ben Stevens. Signing no recommendation: Senator Davis. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Labor and Workforce Development The bill was referred to the Finance Committee. SB 139 The Labor and Commerce Committee considered SENATE BILL NO. 139 "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" and recommended it be replaced with CS FOR SENATE BILL NO. 139(L&C) Signing do pass: Senator Bunde, Chair; Senators Davis, Ellis, Seekins, Ben Stevens. 2005-04-08 Senate Journal Page 0846 The following fiscal information was published today: Fiscal Note No. 1, Department of Commerce, Community, and Economic Development The bill was referred to the Finance Committee. SB 141 The Finance Committee considered SENATE BILL NO. 141 "An Act relating to the teachers' and public employees' retirement systems and creating defined contribution and health reimbursement plans for members of the teachers' retirement system and the public employees' retirement system who are first hired after July 1, 2005; establishing the Alaska Retirement Management Board to replace the Alaska State Pension Investment Board, the Alaska Teachers' Retirement Board, and the Public Employees' Retirement Board; adding appeals of the decisions of the administrator of the teachers' and public employees' retirement systems to the jurisdiction of the office of administrative hearings; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 141(FIN) "An Act relating to the teachers' and public employees' retirement systems and creating defined contribution and health reimbursement plans for members of the teachers' retirement system and the public employees' retirement system who are first hired after July 1, 2005; relating to university retirement programs; establishing the Alaska Retirement Management Board to replace the Alaska State Pension Investment Board, the Alaska Teachers' Retirement Board, and the Public Employees' Retirement Board; adding appeals of the decisions of the administrator of the teachers' and public employees' retirement systems to the jurisdiction of the office of administrative hearings; providing for nonvested members of the teachers' retirement system defined benefit plans to transfer into the teachers' retirement system defined contribution plan and for nonvested members of the public employees' retirement system defined benefit plans to transfer into the public employees' retirement system defined contribution plan; providing for political subdivisions and public organizations to request to participate in the public employees' defined contribution retirement plan; and providing for an effective date." 2005-04-08 Senate Journal Page 0847 Signing do pass: Senators Green, Wilken, Cochairs; Senators Bunde Dyson, Stedman. Signing do not pass: Senator Hoffman. Signing amend: Senator Olson. The following fiscal information was published today: Fiscal Note No. 1, Department of Administration Fiscal Note No. 2, Department of Administration Fiscal Note No. 3, Department of Revenue Fiscal Note No. 4, Department of Revenue Fiscal Note No. 5, Department of Revenue Fiscal Note No. 6, Department of Revenue Fiscal Note No. 7, Department of Revenue The bill is on today's calendar. SB 144 The Finance Committee considered SENATE BILL NO. 144 "An Act relating to regulations, definitions, and permits under the emission control permit program; and providing for an effective date" and recommended the adoption of the Resources Committee Substitute offered on page 656. Signing do pass: Senators Wilken, Green, Cochairs. Signing no recommendation: Senators Bunde, Hoffman, Olson, Stedman. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Environmental Conservation The bill was referred to the Rules Committee. SB 145 The Labor and Commerce Committee considered SENATE BILL NO. 145 "An Act authorizing the making of loans for upgrade of commercial fishing tender vessels and gear." Signing do pass: Senator Bunde, Chair; Senators Davis, Ellis, Seekins, Ben Stevens. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Commerce, Community, and Economic Development 2005-04-08 Senate Journal Page 0848 The bill was referred to the Finance Committee. SB 153 The Transportation Committee considered SENATE BILL NO. 153 "An Act relating to international airports revenue bonds; and providing for an effective date." Signing do pass: Senator Huggins, Chair; Senator Cowdery. Signing no recommendation: Senators French, Therriault, Kookesh. The following previously published fiscal information applies: Fiscal Note No. 1, Department of Revenue The bill was referred to the Finance Committee. SB 154 The State Affairs Committee considered SENATE BILL NO. 154 "An Act relating to the jurisdiction for proceedings relating to delinquent minors and to telephonic and televised participation in those proceedings; amending Rules 2, 3, 4, 8, 12, 13, 14, 15, 16, 21, 22, 23, 24.1, and 25, Alaska Delinquency Rules; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 154(STA) Signing do pass: Senator Therriault, Chair; Senator Davis. Signing no recommendation: Senator Wagoner. The following fiscal information was published today: Fiscal Note No. 1, indeterminate, Department of Administration Fiscal Note No. 2, zero, Department of Law Fiscal Note No. 3, zero, Department of Health and Social Services The bill was referred to the Judiciary Committee. SB 155 The Finance Committee considered SENATE BILL NO. 155 "An Act making appropriations from the earnings reserve account for construction of an integrated science complex at the University of Alaska in Anchorage, for replacement of the virology laboratory in Fairbanks, for expansion of the Anchorage Museum of History and 2005-04-08 Senate Journal Page 0849 Art, for the major maintenance grant fund, and for other capital projects related to education; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 155(FIN) Signing do pass: Senators Wilken, Green, Cochairs; Senators Bunde, Hoffman, Olson, Stedman. The bill was referred to the Rules Committee. HCR 2 The Finance Committee considered HOUSE CONCURRENT RESOLUTION NO. 2 Urging Governor Murkowski to take quick action to conduct, approve, or sanction a study of in-state natural gas needs and take-off points for intrastate use of natural gas transported in a North Slope natural gas pipeline. Signing do pass: Senators Green, Wilken, Cochairs; Senators Bunde, Hoffman, Olson, Stedman. The following previously published fiscal information applies: Fiscal Note No. 1, zero, House Rules Committee The resolution was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 165 SENATE BILL NO. 165 BY SENATOR COWDERY, entitled: "An Act relating to card rooms and card operations." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 166 SENATE BILL NO. 166 BY SENATOR BUNDE, entitled: "An Act relating to an annual wildlife conservation tag; relating to bond requirements for vendors of fish and game licenses, permits, and tags; and providing for an effective date." 2005-04-08 Senate Journal Page 0850 was read the first time and referred to the Resources and Finance Committees. SB 167 SENATE BILL NO. 167 BY SENATOR DYSON, entitled: "An Act authorizing credit in a public correspondence study program for privately purchased curriculum materials from a religious institution." was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. Consideration of the Calendar Second Reading of Senate Bills SB 137 SENATE BILL NO. 137 "An Act providing that an institution providing accommodations exempt from the provisions of the Uniform Residential Landlord and Tenant Act may evict tenants without resorting to court proceedings under AS 09.45.060 - 09.45.160" 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. Objections were heard. President Stevens stated SENATE BILL NO. 137 will be on the April 11 calendar. SB 141 SENATE BILL NO. 141 "An Act relating to the teachers' and public employees' retirement systems and creating defined contribution and health reimbursement plans for members of the teachers' retirement system and the public employees' retirement system who are first hired after July 1, 2005; establishing the Alaska Retirement Management Board to replace the Alaska State Pension Investment Board, the 2005-04-08 Senate Journal Page 0851 Alaska Teachers' Retirement Board, and the Public Employees' Retirement Board; adding appeals of the decisions of the administrator of the teachers' and public employees' retirement systems to the jurisdiction of the office of administrative hearings; 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 846. Without objection, CS FOR SENATE BILL NO. 141(FIN) "An Act relating to the teachers' and public employees' retirement systems and creating defined contribution and health reimbursement plans for members of the teachers' retirement system and the public employees' retirement system who are first hired after July 1, 2005; relating to university retirement programs; establishing the Alaska Retirement Management Board to replace the Alaska State Pension Investment Board, the Alaska Teachers' Retirement Board, and the Public Employees' Retirement Board; adding appeals of the decisions of the administrator of the teachers' and public employees' retirement systems to the jurisdiction of the office of administrative hearings; providing for nonvested members of the teachers' retirement system defined benefit plans to transfer into the teachers' retirement system defined contribution plan and for nonvested members of the public employees' retirement system defined benefit plans to transfer into the public employees' retirement system defined contribution plan; providing for political subdivisions and public organizations to request to participate in the public employees' defined contribution retirement plan; and providing for an effective date" was adopted. President Stevens stated CS FOR SENATE BILL NO. 141(FIN) will be on the April 11 calendar. Second Reading of House Bills HB 124 HOUSE BILL NO. 124 am "An Act relating to the collection of, and the use of reasonable force to collect, a deoxyribonucleic acid sample from persons convicted of or adjudicated delinquent for certain crimes" was read the second time. 2005-04-08 Senate Journal Page 0852 Senator Seekins, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 737. Without objection, SENATE CS FOR HOUSE BILL NO. 124(JUD) "An Act relating to the collection of, and the use of reasonable force to collect, a deoxyribonucleic acid sample from persons convicted of or adjudicated delinquent for certain crimes; and providing for an effective date" (technical title change) was adopted. 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 CS FOR HOUSE BILL NO. 124(JUD) was read the third time. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 124(JUD) "An Act relating to the collection of, and the use of reasonable force to collect, a deoxyribonucleic acid sample from persons convicted of or adjudicated delinquent for certain crimes; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS HB 124(JUD) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Dyson and so, SENATE CS FOR HOUSE BILL NO. 124(JUD) 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 clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. 2005-04-08 Senate Journal Page 0853 Citations Honoring - Dillingham Girls' Volleyball Team, Dillingham City School District, Coach Victor A. Belleque Senator(s) Hoffman, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, Green, Guess, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Representative(s) Moses Honoring - Frank Dahl Representative(s) Anderson Senator(s) Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken In Memoriam - Amy Lou Guerin Barney Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Representative(s) Kerttula, Weyhrauch In Memoriam - Andrew Gibb Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Representative(s) Kerttula, Weyhrauch In Memoriam - Jack Coogan Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Representative(s) Kerttula, Weyhrauch In Memoriam - Clarence "Clancy" Foster Senator(s) Elton, Ben Stevens, Bunde, Cowdery, Davis, Dyson, Ellis, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Gary Stevens, Therriault, Wagoner, Wilken Representative(s) Kerttula, Weyhrauch 2005-04-08 Senate Journal Page 0854 Senator Gary Stevens moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Senator French moved and asked unanimous consent to be excused from a call of the Senate immediately to morning plane time, April 11. Without objection, Senator French was excused. Senator Davis moved and asked unanimous consent to be excused from a call of the Senate immediately to evening plane time, April 10. Without objection, Senator Davis was excused. HB 95 President Stevens made the following committee referral change to CS FOR HOUSE BILL NO. 95(RLS) am "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 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." He replaced the Health, Education and Social Services Committee referral with a State Affairs Committee referral. The bill was referred to the State Affairs, then Judiciary Committees. SJR 12 The reconsideration on CS FOR SENATE JOINT RESOLUTION NO. 12(JUD) Requesting the United States Senate to move quickly to a majority floor vote of the United States Senate on all nominations by President George W. Bush to the United States Supreme Court, was not taken up this legislative day and the resolution was referred to the Secretary for engrossment. 2005-04-08 Senate Journal Page 0855 Announcements Announcements are at the end of the journal. Engrossment HB 124 SENATE CS FOR HOUSE BILL NO. 124(JUD) "An Act relating to the collection of, and the use of reasonable force to collect, a deoxyribonucleic acid sample from persons convicted of or adjudicated delinquent for certain crimes; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. SJR 12 CS FOR SENATE JOINT RESOLUTION NO. 12(JUD) Requesting the United States Senate to move quickly to a majority floor vote of the United States Senate on all nominations by President George W. Bush to the United States Supreme Court 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., April 11, 2005. Without objection, the Senate adjourned at 12:00 p.m. Kirsten Waid Secretary of the Senate April 2005 2005-04-08 Senate Journal Page 0856 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 COMMUNITY & REGIONAL AFFAIRS Apr 08 Friday Beltz 211 1:30 PM Bills Previously Heard/Scheduled Apr 11 Monday Beltz 211 1:30 PM No Meeting Scheduled Apr 13 Wednesday Beltz 211 1:30 PM SB 120 ELIMINATE DAYLIGHT SAVING TIME SB 161 BOROUGH SALES TAX EXEMPTIONS Senate Bill: TAXATION OF MINING PROPERTY; CONTRACTS APPROVED BY MUNICIPALITIES FOR PAYMENT IN LIEU OF TAXES <Pending Introduction & Referral> Apr 15 Friday Beltz 211 1:30 PM Bills Previously Heard/Scheduled ---------------------------------------- 2005-04-08 Senate Journal Page 0857 FINANCE Apr 08 Friday Senate Finance 532 9:00 AM + SB 71 NONUNION PUBLIC EMPLOYEE SALARY & BENEFIT + SB 130 WORKERS' COMPENSATION <Pending Referral> + Bills Previously Heard/Scheduled += SB 144 EMISSION CONTROL PROGRAM PERMITS/REGS += HCR 2 IN-STATE NATURAL GAS NEEDS += SB 70 CRIMES INVOLVING CONTROLLED SUBSTANCES += SB 103 OIL & GAS: REG. OF UNDERGROUND INJECTION += SB 110 POLLUTION DISCHARGE & WASTE TRMT/DISPOSAL += SB 155 APPROP: SCHOOLS/UNIV/VIROLOGY LAB/MUSEUM Apr 11 Monday Senate Finance 532 9:00 AM + HB 66 APPROP: MENTAL HEALTH BUDGET + HB 67 APPROP: OPERATING BUDGET/LOANS/FUNDS + Sub-Committee Reports to Full Committee Bills Previously Heard/Scheduled += SB 130 WORKERS' COMPENSATION Apr 11 Monday Senate Finance 532 5:00 PM -- Time Change -- + HB 66 APPROP: MENTAL HEALTH BUDGET + HB 67 APPROP: OPERATING BUDGET/LOANS/FUNDS + Sub-Committee Reports to Full Committee Continued + Bills Previously Heard/Scheduled Apr 12 Tuesday Senate Finance 532 9:00 AM += HB 66 APPROP: MENTAL HEALTH BUDGET += HB 67 APPROP: OPERATING BUDGET/LOANS/FUNDS Statewide Public Testimony - (Public Testimony May Be Limited to No More Than 3 Minutes) 9:00 am Bethel, Nome, Kotzebue 9:30 am Barrow, Tok, Delta Junction 10:00 am Ketchikan, Wrangell, Petersburg 10:30 - 11:00 Sitka, Cordova, Valdez 2005-04-08 Senate Journal Page 0858 FINANCE (continued) Apr 12 Tuesday Senate Finance 532 5:00 PM -- Time Change -- += HB 66 APPROP: MENTAL HEALTH BUDGET += HB 67 APPROP: OPERATING BUDGET/LOANS/FUNDS Statewide Public Testimony - (Public Testimony May Be Limited to No More Than 3 Minutes) 5:00 pm Glennallen, Seward, Homer 5:30 pm Kenai, Kodiak, Dillingham 6:00 pm Anchorage 6:30 - 7:30 pm Fairbanks, Mat-Su + Bills Previously Heard/Scheduled Apr 13 Wednesday Senate Finance 532 9:00 AM + SB 16 POWERS/DUTIES DOTPF/TRANSPORTATION PLAN + SJR 14 REPEAL FEDERAL ESTATE TAX + SB 158 MUNI TAX ON STATE CONSTRUCTION CONTRACTS + SB 147 SPORT FISHING FACILITY REVENUE BONDS + Bills Previously Heard/Scheduled Apr 13 Wednesday Senate Finance 532 5:00 PM -- Time Change -- += HB 66 APPROP: MENTAL HEALTH BUDGET += HB 67 APPROP: OPERATING BUDGET/LOANS/FUNDS Continuation of Statewide Public Testimony (Public Testimony May Be Limited to No More Than 3 Minutes) 5:00 pm Statewide Teleconference - Off Net Sites 5:30 - 6:30 pm Juneau + Bills Previously Heard/Scheduled Apr 14 Thursday Senate Finance 532 9:00 AM += HB 66 APPROP: MENTAL HEALTH BUDGET += HB 67 APPROP: OPERATING BUDGET/LOANS/FUNDS Consideration of Amendments Apr 14 Thursday Senate Finance 532 5:00 PM -- Time Change -- += HB 66 APPROP: MENTAL HEALTH BUDGET += HB 67 APPROP: OPERATING BUDGET/LOANS/FUNDS Consideration of Amendments (If Needed) + Bills Previously Heard/Scheduled 2005-04-08 Senate Journal Page 0859 FINANCE (continued) Apr 15 Friday Senate Finance 532 9:00 AM += HB 66 APPROP: MENTAL HEALTH BUDGET += HB 67 APPROP: OPERATING BUDGET/LOANS/FUNDS += SB 130 WORKERS' COMPENSATION + SB 131 WAGE & HOUR ACT: EXEC/PROF/ADMIN/SALES + Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES Apr 08 Friday Butrovich 205 1:30 PM No Meeting Scheduled Apr 11 Monday Butrovich 205 1:30 PM += SB 10 PARENTAL LIABILITY FOR CHILD'S DAMAGE + Bills Previously Heard/Scheduled Apr 13 Wednesday Butrovich 205 1:30 PM += SB 125 LICENSING MEDICAL OR CARE FACILITIES + Bills Previously Heard/Scheduled Apr 15 Friday Butrovich 205 1:30 PM + Bills Previously Heard/Scheduled If Necessary ---------------------------------------- JUDICIARY Apr 08 Friday Butrovich 205 8:00 AM -- Recessed from April 7 -- + SB 140 BAN INTERNET SPYWARE <Bill Hearing Postponed> + SB 132 HUMAN RIGHTS COMMISSION <Bill Hearing Postponed> + Bills Previously Heard/Scheduled += SB 130 WORKERS' COMPENSATION += SB 128 BOROUGH INCORPORATION 2005-04-08 Senate Journal Page 0860 JUDICIARY (continued) Apr 11 Monday Butrovich 205 8:00 AM -- Time Change -- + SB 74 CRIMES INVOLVING MARIJUANA/OTHER DRUGS + Bills Previously Heard/Scheduled Apr 12 Tuesday Butrovich 205 8:00 AM -- Time Change -- += SB 20 OFFENSES AGAINST UNBORN CHILDREN + Bills Previously Heard/Scheduled Apr 13 Wednesday Butrovich 205 8:30 AM + Joint w/(H) Judiciary Attorney General Confirmation Hearing: David Marquez += SB 140 BAN INTERNET SPYWARE + Bills Previously Heard/Scheduled Apr 14 Thursday Butrovich 205 8:00 AM -- Time Change -- += SB 135 ASSAULT & CUSTODIAL INTERFERENCE += SB 132 HUMAN RIGHTS COMMISSION + Bills Previously Heard/Scheduled Apr 15 Friday Butrovich 205 8:00 AM -- Time Change -- + SB 86 STATE/MUNI LIABILITY FOR ATTORNEY FEES + SB 159 INDECENT EXPOSURE TO MINORS + HB 155 YOUTH COURTS AND CRIMINAL FINES + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE Apr 12 Tuesday Beltz 211 1:30 PM + SB 157 REG. COST CHARGES: UTILITIES/PIPELINES + Senate Bill: OPTICIANS <Pending Introduction & Referral> Bills Previously Heard/Scheduled Including But Not Limited to: += SB 160 STATE PROCUREMENT ELECTRONIC TOOLS 2005-04-08 Senate Journal Page 0861 LABOR & COMMERCE (continued) Apr 14 Thursday Beltz 211 1:30 PM + HB 61 GAMING: CALCUTTA POOLS & CRANE CLASSICS + SB 149 PROTECTION OF PERSONAL INFORMATION + SB 148 INFORMATION SECURITY + Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Apr 08 Friday Butrovich 205 3:30 PM += SB 85 OFF-ROAD VEHICLE USE ON DALTON HIGHWAY + SB 96 UNIVERSITY LAND GRANT/STATE FOREST -- Testimony <Invitation Only> -- Apr 11 Monday Butrovich 205 3:30 PM += SB 85 OFF-ROAD VEHICLE USE ON DALTON HIGHWAY += SB 96 UNIVERSITY LAND GRANT/STATE FOREST + HB 198 AQUATIC PLANT& SHELLFISH FARMING Apr 13 Wednesday Butrovich 205 3:30 PM += SB 53 AK PENINSULA OIL & GAS LEASE SALE; TAXES + SB 163 COOK INLET OIL & GAS TAX CREDIT + SCR 6 COOK INLET OIL & GAS PLATFORM ABANDONMENT + SCR 7 OIL AND GAS REG REVISIONS Apr 15 Friday Butrovich 205 3:30 PM + HB 19 PESTICIDE & BROADCAST CHEMICALS + SB 164 SALMON PRODUCT DEVELOPMENT TAX CREDIT ---------------------------------------- STATE AFFAIRS Apr 12 Tuesday Beltz 211 3:30 PM SCR 8 COOK INLET GAS GATHERING SYSTEM COMPLAINT HB 95 PUBLIC HEALTH DISASTERS/EMERGENCIES Bills Previously Heard/Scheduled Apr 14 Thursday Beltz 211 3:30 PM SB 94 STATE EMPLOYEE HEALTH INSURANCE HB 116 LIABILITY FOR ALCOHOL LAW VIOLATIONS Bills Previously Heard/Scheduled 2005-04-08 Senate Journal Page 0862 TRANSPORTATION Apr 12 Tuesday Butrovich 205 1:30 PM + Senate Bill: AN ACT RELATING TO OFFENSES AND PENALTIES FOR VIOLATION OF VEHICLE WEIGHT LIMITATIONS; PROHIBITING THE USE OF A VIOLATION OF A VEHICLE WEIGHT LIMITATION FOR CERTAIN PERSONAL AUTOMOBILE INSURANCE ACTIONS; AMENDING RULE 43.6, ALASKA RULES OF ADMINISTRATION; AND PROVIDING FOR AN EFFECTIVE DATE <Pending Introduction & Referral> Bills Previously Heard/Scheduled Continuation of DOT/PF Project Discussion if Needed Apr 14 Thursday Butrovich 205 1:30 PM + Senate Bill: AN ACT RELATING TO OFFENSES AND PENALTIES FOR VIOLATION OF VEHICLE WEIGHT LIMITATIONS; PROHIBITING THE USE OF A VIOLATION OF A VEHICLE WEIGHT LIMITATION FOR CERTAIN PERSONAL AUTOMOBILE INSURANCE ACTIONS; AMENDING RULE 43.6, ALASKA RULES OF ADMINISTRATION; AND PROVIDING FOR AN EFFECTIVE DATE <Pending Introduction & Referral> Bills Previously Heard/Scheduled Continuation of DOT/PF Project Discussion if Needed ---------------------------------------- FINANCE SUBCOMMITTEES UNIVERSITY OF ALASKA Apr 11 Monday Senate Finance 532 8:30 AM -- Time Changed from 9 to 8:30 am -- Budget Close Out University of Alaska ---------------------------------------- 2005-04-08 Senate Journal Page 0863 JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW Apr 20 Wednesday Fahrenkamp 203 1:00 PM Hearing on DEC Proposed Changes to the Alaska Food Codes