Legislature(2005 - 2006)

2005-04-12 Senate Journal

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2005-04-12                     Senate Journal                      Page 0897
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                                FIRST SESSION                                                    
                                                                                                    
Juneau, Alaska                     Tuesday                    April 12, 2005                      
                                                                                                    
                               Ninety-third Day                                                  
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 11:31 a.m.                                                                               
                                                                                                    
The roll showed twenty members present.                                                             
                                                                                                    
The prayer was offered by the Chaplain, Pastor Daymond Geary of the                                 
Church for All Nations. Senator Hoffman moved and asked                                             
unanimous consent that the prayer be spread. Without objection, it was                              
so ordered.                                                                                         
                                                                                                    
     Our Father in heaven we are torn between the need of                                           
     giving a million thanks for all Your blessings and our                                         
     desperation for more help. As a state we face challenges                                       
     from alcohol and substance abuse, isolation, parentless                                        
     children and soldiers on the battlefields of Iraq and                                          
     Afghanistan. For the many that are battling on the front                                       
     lines and the families that are waiting for their                                              
     homecoming, give strength, protection and hope. For those                                      
     that are fighting battles for the good of our state and the                                    
     future of our children, give strength and blessings.                                           
                                                                                                    
     David, the King of Israel, said, "The Lord is my Shepard, I                                    
     shall not want." I pray that as the great Shepard You will                                     
     bless each senator, staff member and their families. I ask                                     
     for the senate to be given an anointing to build. May they                                     
     build partnerships between communities, the other                                              
     branches of government and the federal government…I                                            
     pray that they build regulatory bridges for opening                                            
     development of resources throughout our state and roads to                                     

2005-04-12                     Senate Journal                      Page 0898
     the isolated areas of our state. I pray that building a future                                 
     for Alaska will dominate the legislative agenda. As each                                       
     one does their best, by Your grace, may they build a                                           
     relationship with their constituency of respect and honor.                                     
                                                                                                    
     If ever a government body could be given the title of                                          
                                              th                                                    
     "builder and restorer," may this 24 legislature be given                                       
     such a title. Thank You for grace to do the right things and                                   
     strength to continue doing them.                                                               
                                                                                                    
     To Your glory and honor I pray these things,             Amen!                                 
                                                                                                    
Senator Wilken led the Senate in the Pledge of Allegiance.                                          
                                                                                                    
                                                                                                    
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the ninety-second legislative day be approved as certified                              
by the Secretary. Without objection, it was so ordered.                                             
                                                                                                    
                                                                                                    
                          Messages from the Governor                                             
                                                                                                    
SB 42                                                                                             
Message dated April 9 and received April 11 was read, 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. 42 "An Act extending the                                                  
          reporting date for and the termination date of the                                        
          Task Force on Naturopathic Scope of Practice; and                                         
          providing for an effective date."                                                         
                                                                                                    
                             Chapter 7, SLA 2005                                                   
                          Effective Date: 04/10/2005                                               
                                                                                                    
SB 60                                                                                             
Message dated April 9 and received April 11 was read, stating the                                   
Governor signed the following bill and transmitted the engrossed and                                
enrolled copies to the Lieutenant Governor's Office for permanent                                   
filing:                                                                                             

2005-04-12                     Senate Journal                      Page 0899
          SENATE BILL NO. 60 "An Act extending the                                                  
          termination date of the Statewide Suicide Prevention                                      
          Council; and providing for an effective date."                                            
                                                                                                    
                             Chapter 8, SLA 2005                                                   
                          Effective Date: 04/10/2005                                               
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
HB 124                                                                                            
Message dated April 11 was read, stating the House concurred in the                                 
Senate amendment to 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," thus adopting:                                          
                                                                                                    
          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)                                                 
                                                                                                    
                                                                                                    
                          Standing Committee Reports                                             
                                                                                                    
SB 10                                                                                             
The Health, Education and Social Services Committee considered                                      
SENATE BILL NO. 10 "An Act relating to liability for destruction of                                 
property by unemancipated minors; and providing for an effective                                    
date" and recommended it be replaced with                                                           
                                                                                                    
          CS FOR SENATE BILL NO. 10(HES)                                                            
          (forthcoming)                                                                             
                                                                                                    
Signing do pass: Senator Dyson, Chair, Senator Olson. Signing no                                    
recommendation: Senators Wilken, Elton, Green.                                                      
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Law                                                         
 Fiscal Note No. 2, zero, Alaska Court System                                                       
                                                                                                    

2005-04-12                     Senate Journal                      Page 0900
The bill was referred to the Judiciary Committee.                                                   
                                                                                                    
SB 85                                                                                             
The Resources Committee considered SENATE BILL NO. 85 "An                                           
Act repealing the ban on the use of certain off-road vehicles within                                
five miles of the right-of-way of the James Dalton Highway; and                                     
providing for an effective date" and recommended the adoption of the                                
following Resources Committee Letter of Intent:                                                     
                                                                                                    
                               Letter of Intent                                                    
                                                                                                    
  The legislature acknowledges the provision of Article VIII,                                       
  Sections 1, 2 and 3 of the Alaska State Constitution.  These                                      
  sections provide, seriatim, that:                                                                 
       (1) it is the policy of the State to encourage the settlement of                             
            its land and the   development of its resources by making                               
            them available for maximum use consistent with the                                      
            public interest;                                                                        
       (2) the legislature shall provide for the utilization,                                       
            development, and conservation of all natural resources                                  
            belonging to the State, including land and waters, for the                              
            maximum benefit of its people; and                                                      
       (3) wherever occurring in their natural state, fish, wildlife                                
            and waters are reserved to the people for common use.                                   
                                                                                                    
  The legislature thus recognizes that it is the policy of the state to                             
  encourage the development of its land and resources, but in a                                     
  manner that recognizes the collective interests of the people as the                              
  owners of these lands and resources.  It is consistent with the                                   
  public interest that resources be developed responsibly - not                                     
  ruined or plundered.                                                                              
                                                                                                    
  It is the intent of the Legislature, by removing the AS 19.40.210                                 
  blanket prohibition of all recreational off-road vehicles on the                                  
  lands within the Dalton Highway corridor north of the Yukon                                       
  River bridge, to encourage and provide for a broad range of                                       
  public access alternatives to public lands consistent with the                                    
  multiple use principle and to do so in concert with modern                                        
  principles of stewardship.                                                                        
                                                                                                    

2005-04-12                     Senate Journal                      Page 0901
  However, it is not the intent of the legislature to allow unfettered                              
  or irresponsible use of off-road vehicles on either public or                                     
  private lands.  And, in the case of the lands north of the Yukon                                  
  River bridge, the legislature is aware that time will be needed for                               
  the appropriate federal and state land and resource managers to                                   
  design and implement plans that balance access with care for the                                  
  lands and resources.  Therefore, it is also the intent of the                                     
  Legislature to allow sufficient time for State and Federal land and                               
  resource managers to develop and implement appropriate land use                                   
  and resource management plans for the Dalton Highway corridor                                     
  and adjacent lands before the current statutory prohibition is                                    
  removed.                                                                                          
                                                                                                    
  With the foregoing in mind, the effective date for this bill is 12                                
  months following the date of passage into law.  Following                                         
  consultation with the appropriate land and resource managers, it is                               
  the understanding of the Legislature that this 12-month delay is                                  
  sufficient time for the agencies and boards to complete their                                     
  processes - all of which include public hearings - and to have                                    
  their respective land use and resource use plans in place prior to                                
  the removal of the prohibition.                                                                   
                                                                                                    
  It is also the intent of the Legislature that, if the 12-month delay is                           
  not sufficient time for the orderly completion of the public                                      
  process necessary to implement appropriate land and resource                                      
  management plans, it will meet in regular session and extend the                                  
  effective date for an additional period not to exceed 12 months.                                  
                                                                                                    
Signing no recommendation: Senator Wagoner, Chair; Senators                                         
Guess, Dyson, Stedman. Signing do pass: Senators Seekins, Ben                                       
Stevens. Signing do not pass: Senator Elton.                                                        
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Transportation and Public                                   
       Facilities                                                                                   
 Fiscal Note No. 2, zero, Department of Public Safety                                               
 Fiscal Note No. 3, zero, Department of Military and Veterans                                       
       Affairs                                                                                      
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    

2005-04-12                     Senate Journal                      Page 0902
SB 128                                                                                            
The Judiciary Committee considered SENATE BILL NO. 128 "An                                          
Act relating to consideration by the Local Boundary Commission of a                                 
requested borough incorporation." Signing do pass: Senator Seekins,                                 
Chair; Senators Therriault, Huggins. Signing no recommendation:                                     
Senators French, Guess.                                                                             
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Commerce, Community,                                        
       and Economic Development                                                                     
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
HB 198                                                                                            
The Resources Committee considered CS FOR HOUSE BILL NO.                                            
198(RES)(title am) "An Act relating to aquatic plant and shellfish                                  
farming; and providing for an effective date." Signing do pass: Senator                             
Wagoner, Chair; Senators Elton, Dyson, Seekins, Stedman.                                            
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 1, zero, Department of Fish and Game                                               
                                                                                                    
The bill was referred to the Rules Committee.                                                       
                                                                                                    
                                                                                                    
                  Introduction and Reference of Senate Bills                                     
                                                                                                    
SB 170                                                                                            
SENATE BILL NO. 170 BY SENATOR SEEKINS, entitled:                                                   
                                                                                                    
          "An Act relating to the Department of Fish and                                            
          Game, the Board of Fisheries, and the Board of                                            
          Game; relating to the taking of big game and to the                                       
          disposition of a mount, trophy, or part of a fish or                                      
          game animal; setting fees for certain trapping licenses                                   
          and certain hunting licenses, permits, and tags;                                          
          setting fees for the resident combined hunting,                                           
          trapping, and sport fishing license and the resident                                      
          combined hunting and sport fishing license; relating                                      
          to the resident small game hunting license; setting                                       

2005-04-12                     Senate Journal                      Page 0903
          application fees for certain hunting permits and                                          
          stamps; establishing a surcharge on hunting, trapping,                                    
          and sport fishing licenses; relating to certain hunting,                                  
          trapping, and sport fishing licenses, tags, permits, and                                  
          stamps; relating to the fish and game fund; relating to                                   
          violations of fish and game laws; relating to state                                       
          management of wildlife; relating to endangered fish                                       
          and wildlife; and providing for an effective date."                                       
                                                                                                    
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
SB 171                                                                                            
SENATE BILL NO. 171 BY SENATOR WILKEN, entitled:                                                    
                                                                                                    
          "An Act amending the National Petroleum Reserve -                                         
          Alaska special revenue fund; and establishing the                                         
          Special Legislative Oil and Gas NPR-A Development                                         
          Impact Review Committee and defining its powers                                           
          and duties."                                                                              
                                                                                                    
was read the first time and referred to the Community and Regional                                  
Affairs and Finance Committees.                                                                     
                                                                                                    
                                                                                                    
                        Consideration of the Calendar                                            
                                                                                                    
                        Second Reading of Senate Bills                                           
                                                                                                    
SB 130                                                                                            
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                                    

2005-04-12                     Senate Journal                      Page 0904
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 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" was read the second time.                                                           
                                                                                                    
Senator Green, Cochair, moved and asked unanimous consent for the                                   
adoption of the Finance Committee Substitute offered on page 873.                                   
Senator Ellis objected, then withdrew his objection. There being no                                 
further objection, CS FOR SENATE BILL NO. 130(FIN) "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'                                            

2005-04-12                     Senate Journal                      Page 0905
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;                                     
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                           
and keep insured or provide security; relating to workers'                                          
compensation proceedings; providing for a maximum amount for the                                    
cost-of-living adjustment for workers' compensation benefits; relating                              
to attorney fees with respect to workers' compensation; 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; making conforming                                              
amendments; providing for a study and report by the medical services                                
review committee; establishing the Task Force on Workers'                                           
Compensation; and providing for an effective date" was adopted.                                     
                                                                                                    
Senator Bunde offered Amendment No. 1:                                                              
                                                                                                    
Page 28, line 8, following "licensed":                                                              
 Insert "advanced"                                                                                  
                                                                                                    
Page 28, line 8, following "practitioner":                                                          
 Delete "acting under the supervision of a licensed medical doctor                                  
or doctor of osteopathy"                                                                            
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-12                     Senate Journal                      Page 0906
Senator Bunde moved for the adoption of Amendment No. 1. Senator                                    
Ellis objected, then withdrew his objection. There being no further                                 
objection, Amendment No. 1 was adopted.                                                             
                                                                                                    
Senators Seekins, Cowdery, Ben Stevens, Wilken, Green, Stedman,                                     
Gary Stevens, Dyson, Huggins, Therriault, Bunde offered Amendment                                   
No. 2:                                                                                              
                                                                                                    
Page 1, line 10, following "proceedings;":                                                        
 Insert "establishing a Workers' Compensation Appeals                                             
Commission;"                                                                                      
                                                                                                    
Page 2, line 4, following "security;":                                                            
 Insert "providing for appeals from compensation orders;"                                         
                                                                                                    
Page 2, line 5, following "proceedings;"                                                          
 Insert "providing for supreme court jurisdiction of appeals                                      
from the Workers' Compensation Appeals Commission;"                                               
                                                                                                    
Page 5, following line 19:                                                                          
 Insert a new bill section to read:                                                                 
   "* Sec. 9.  AS 23.30 is amended by adding new sections to read:                                
                   Sec. 23.30.007.  Workers' Compensation Appeals                                 
          Commission.  (a)  There is established in the Department of                             
          Labor and Workforce Development the Workers'                                              
          Compensation Appeals Commission.  The commission has                                      
          jurisdiction to hear appeals from final decisions and orders of                           
          the board under this chapter.  Jurisdiction of the commission                             
          is limited to administrative appeals arising under this chapter.                          
                   (b)  The commission consists of five members                                     
          appointed by the governor and confirmed by a majority of the                              
          members of the legislature in joint session.  The members                                 
          shall be appointed as follows:                                                            
                             (1)  a member appointed as chair who meets                             
          the requirements of (c)(2) of this section;                                               
                             (2)  two members who, because of their                                 
          employment or affiliations, may be classified as a                                        
          representative of employees covered by this chapter;                                      
                                                                                                    
                                                                                                    

2005-04-12                     Senate Journal                      Page 0907
                             (3)  two members who, because of their                                 
          employment or affiliations, may be classified as a                                        
          representative of employers covered by this chapter.                                      
                   (c)  To be eligible for appointment under this section                           
                             (1)  the member must                                                  
                                      (A)  be a citizen of the United                               
                   States;                                                                          
                                      (B)  be a resident of the state for the                       
                   five years preceding the appointment; and                                        
                                      (C)  have not been convicted of                               
                   either a                                                                         
                                                (i)  felony; or                                     
                                                (ii)  misdemeanor related to                        
                             workers' compensation;                                                 
                             (2)  the chair must                                                    
                                      (A)  meet the criteria specified in (1)                       
                   of this subsection;                                                              
                                      (B)  be licensed to practice law in                           
                   this state and be a member in good standing with the                             
                   Alaska Bar Association; and                                                      
                                      (C)  have engaged in the active                               
                   practice of law for at least five years with experience                          
                   in workers' compensation in this state.                                         
                   (d)  A member may act and receive compensation                                   
          under this section from the date of appointment until                                     
          confirmation or rejection by the legislature.                                             
                   (e)  The term of service on the commission is five                               
          years.  A member may be reappointed so long as the                                        
          reappointment complies with the provisions of this section.                               
                   (f)  The chair of the commission is in the exempt                                
          service under AS 39.25.110 and shall receive a monthly salary                             
          that is not less than Step A nor more than Step F of Range 27                             
          of the salary schedule in AS 39.27.011(a) for Anchorage,                                  
          Alaska.                                                                                   
                   (g)  A vacancy arising in the commission shall be                                
          filled by appointment by the governor and confirmed by a                                  
          majority of the members of the legislature in joint session.                              
          Except as provided in AS 39.05.080(4), an appointee selected                              
          to fill a vacancy shall hold office for the unexpired term of the                         
          member whose vacancy is filled.  A vacancy in the                                         

2005-04-12                     Senate Journal                      Page 0908
          commission does not impair the authority of a quorum of                                   
          members to exercise all the powers and perform all the duties                             
          of the commission.                                                                        
                   (h)  An appeal to the commission shall be heard and                              
          decided by a three-member panel of the commission.  An                                    
          appeal panel shall consist of the chair of the commission and                             
          two members of the commission assigned by the chair, one                                  
          member classified as representing employees, and one                                      
          member classified as representing employers.  At other                                    
          meetings to conduct commission business, the number of                                    
          commission members classified as representing employees                                   
          must equal the number of commission members classified as                                 
          representing employers.  The chair of the commission and two                              
          representative members of the commission, one classified as                               
          representing employees and one classified as representing                                 
          employers, constitutes a quorum.                                                          
                   (i)  A member of the commission may be removed                                   
          from office by the governor for good cause.  To be removed                                
          for cause, a member of the commission shall be given a copy                               
          of the charges and afforded an opportunity to be heard in                                 
          person or by counsel in the member's own defense upon not                                 
          less than 10 days' notice.  If the member is removed for cause,                           
          the governor shall file with the lieutenant governor a complete                           
          statement of all charges made against the member, the                                     
          governor's findings on the charges, and the record of any                                 
           proceedings.  In this subsection, "good cause" includes                                 
                             (1)  misconduct in office or violation of                              
          AS 39.52;                                                                                 
                             (2)  conviction of a felony;                                           
                             (3)  conviction of a misdemeanor related to                            
          workers' compensation;                                                                    
                             (4)  inability to serve, neglect of duty,                              
          incompetence, unjustified failure to handle the caseload                                  
          assigned, or similar nonfeasance of office; and                                           
                             (5)  failure to continue to meet the                                   
          requirements of this section relating to qualification for office.                        
                   (j)  Representative members are entitled to                                      
          compensation in the amount of $200 a day for each day spent                               
          in actual hearing of appeals or on authorized official business                           
          incidental to their duties, and to transportation and per diem as                         

2005-04-12                     Senate Journal                      Page 0909
          provided by law.  Compensation shall be paid pro rata for                                 
          each portion of a day spent in actual hearing of appeals or on                            
          authorized official business.                                                             
                   (k)  A member of the commission may not hear an                                  
          appeal under this chapter if                                                              
                             (1)  a party is an employee or was, in the past                        
          seven years, an employee of the commission member or of a                                 
          business that employs the commission member; this                                         
          paragraph does not apply to the chair of the commission when                              
            the State of Alaska is or was the employer of a party;                                 
                             (2)  a party is a member or was, in the past                           
          seven years, a member of the same union or employee                                       
          association as the commission member;                                                     
                             (3)  a party has a contractual relationship                            
          with the commission member, a business that employs the                                   
          commission member, or a union or employee association of                                  
          which the commission member is a member;                                                  
                             (4)  the commission member is unable to be                             
          fair, impartial, and unbiased toward the appeal participants; or                          
                             (5)  participation in the appeal is a violation                        
          of AS 39.52.                                                                              
                   (l)  If the chair of the commission is unable to hear an                         
          appeal for reasons of absence or illness in excess of 10 days,                            
          or for reasons set out in (k) of this section, the commissioner                           
          of the department shall appoint a person who meets the                                    
          qualifications of this section to serve as chair to hear the                              
          appeal as chair pro tem.  The person shall receive the                                    
          compensation provided in (j) of this section.  Appointment of                             
          a chair pro tem does not require legislative confirmation.                                
                   (m)  Each member of the commission, before                                       
          entering upon the duties of office, shall take and subscribe to                           
          the oath prescribed for principal officers of the state.                                  
                   (n)  The offices of the commission shall be physically                           
          separate from the offices of the division.                                                
                   Sec. 23.30.008.  Powers and duties of the                                      
          commission.  (a)  The commission shall be the exclusive and                             
          final authority for the hearing and determination of all                                  
          questions of law and fact arising under this chapter in those                             
          matters that have been appealed to the commission, except for                             
          an appeal to the Alaska Supreme Court.  The commission                                    

2005-04-12                     Senate Journal                      Page 0910
          does not have jurisdiction in any case that does not arise under                          
          this chapter or in any criminal case.  On any matter taken to                             
          the commission, the decision of the commission is final and                               
          conclusive, unless appealed to the Alaska Supreme Court, and                              
          shall stand in lieu of the order of the board from which the                              
          appeal was taken.  Unless reversed by the Alaska Supreme                                  
          Court, decisions of the commission have the force of legal                                
          precedent.                                                                                
                   (b)  The commission, in its administrative capacity,                             
          shall maintain, index, and make available for public                                      
          inspection the final administrative decisions and orders of the                           
          commission and of the board.  The chair of the commission                                 
          may review and circulate among the other members of the                                   
          relevant commission appeal panel the drafts of the panel's                                
          formal decisions and decisions upon reconsideration.  The                                 
          drafts are confidential documents and are not subject to                                  
          disclosure.                                                                               
                   (c)  The chair of the commission shall draft and                                 
          propose, and the commission in its administrative capacity                                
          may adopt, regulations implementing the commission's                                      
          authority and duties under this chapter, including rules of                               
          procedure and evidence for proceedings before the                                         
          commission under this chapter.  The provisions of AS 44.62                                
          (Administrative Procedure Act) apply to the adoption of                                   
          regulations by the commission.                                                            
                   (d)  In an appeal, the commission shall award a                                  
          successful party reasonable costs and, if the party is                                    
          represented by an attorney, attorney fees that the commission                             
          determines to be fully compensatory and reasonable.                                       
          However, the commission may not make an award of attorney                                 
          fees against an injured worker unless the commission finds                                
          that the worker's position on appeal was frivolous or                                     
          unreasonable or the appeal was taken in bad faith.                                        
                   (e)  The commission, in its administrative capacity,                             
          may adopt and alter an official seal and do all things                                    
          necessary, convenient, or desirable to carry out the powers                               
          expressly granted or necessarily implied in this chapter.                                
                   Sec. 23.30.009.  Powers and duties of the chair of                             
          the commission.  (a)  The chair of the commission shall                                 
          exercise general supervision over the office of the                                       

2005-04-12                     Senate Journal                      Page 0911
          commission and over appeals, and shall direct the                                         
          administrative functions of the commission.  The chair of the                             
          commission shall serve as the executive officer of the                                    
          commission and shall have authority in all administrative                                 
          matters relating to the members.  The chair may                                           
                             (1)  employ and supervise commission staff                             
          and appoint a commission clerk;                                                           
                             (2)  establish and implement a time                                    
          management system for the commission members and staff                                    
          and manage the calendar of appeals;                                                       
                             (3)  assign the work of the commission                                 
          members and staff so that appeals are resolved as                                         
          expeditiously and competently as possible;                                                
                             (4)  advise and cooperate with the board to                            
          develop appropriate procedures for maintenance and transfer                               
          of hearing files and the preservation and transfer of records on                          
          appeal; and                                                                               
                             (5)  prepare an annual budget of the                                   
          commission.                                                                               
                   (b)  The chair of the commission shall preside over                              
          hearings and arguments on appeals.  The chair of the                                      
          commission shall ensure that all functions of the commission                              
          are performed with due regard for the rights of all parties and                           
          consistent with the orderly and prompt resolution of appeals.                             
          The chair of the commission shall rule on questions of                                    
          procedure and advise the representative members of the                                    
          commission on matters of law.                                                             
                   (c)  The chair of the commission shall, not later than                           
          March 15 of each year, make available to the public and file                              
          with the lieutenant governor, a report regarding the                                      
          commission, including data regarding time periods between                                 
          initial receipt and final decisions on appeals.                                           
                   (d)  The chair of the commission shall devote full                               
          time to the duties of the chair of the commission and may not                             
          engage in any other employment or business.  The chair of the                             
          commission may not hold any other office or position under                                
          the United States, this state, any municipality or political                              
          subdivision of this state, or any tribal government or                                    
          corporation.  The chair of the commission may not hold office                             
         or position in a partisan political organization or party."                               

2005-04-12                     Senate Journal                      Page 0912
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 20, following line 6:                                                                          
 Insert new bill sections to read:                                                                  
   "* Sec. 32.  AS 23.30.125 is repealed and reenacted to read:                                   
                   Sec. 23.30.125.  Administrative review of                                      
          compensation order.  (a)  A compensation order becomes                                  
          effective when filed with the office of the board as provided                             
          in AS 23.30.110, and, unless proceedings to reconsider,                                   
          suspend, or set aside the order are instituted as provided in                             
          this chapter, the order becomes final on the 31st day after it is                         
          filed.                                                                                    
                   (b)  Notwithstanding other provisions of law, a                                  
          decision or order of the board is subject to review by the                                
          commission as provided in this chapter.                                                   
                   (c)  If a compensation order is not in accordance with                           
          law or fact, the order may be suspended or set aside, in whole                            
          or in part, through proceedings in the commission brought by                              
          a party in interest against all other parties to the proceedings                          
          before the board.  The payment of the amounts required by an                              
          award may not be stayed pending a final decision in the                                   
          proceeding unless, upon application for a stay, the                                       
          commission, on hearing, after not less than three days' notice                            
          to the parties in interest, allows the stay of payment, in whole                          
          or in part, where the party filing the application would                                  
          otherwise suffer irreparable damage.  Continuing future                                   
          periodic compensation payments may not be stayed without a                                
          showing by the appellant of irreparable damage and the                                    
          existence of the probability of the merits of the appeal being                            
          decided adversely to the recipient of the compensation                                    
          payments.  The order of the commission allowing a stay must                               
          contain a specific finding, based upon evidence submitted to                              
          the commission and identified by reference to the evidence,                               
          that irreparable damage would result to the party applying for                            
          a stay and specifying the nature of the damage.                                           
                   (d)  Proceedings for reconsidering, suspending,                                  
          setting aside, or enforcing a compensation order, whether                                 
          rejecting a claim or making an award, may not be instituted,                              
          except as provided in this chapter.                                                       
                                                                                                    

2005-04-12                     Senate Journal                      Page 0913
   * Sec. 33.  AS 23.30 is amended by adding new sections to read:                                
                   Sec. 23.30.127.  Appeals to commission.  (a)  A                                
          party in interest may appeal a compensation order issued by                               
          the board to the commission within 30 days after the                                      
          compensation order is filed with the office of the board under                            
          AS 23.30.110.  The director may intervene in an appeal.  If a                             
          party in interest is not represented by counsel and the                                   
          compensation order concerns an unsettled question of law, the                             
          director may file an appeal to obtain a ruling on the question                            
          by the commission.                                                                        
                   (b)  An appeal is initiated by filing with the office of                         
          the commission                                                                            
                             (1)  a signed notice of appeal specifying the                          
          compensation order appealed from;                                                         
                             (2)  a statement of the grounds upon which                             
          the appeal is taken; and                                                                  
                             (3)  other material the commission may by                              
          regulation require.                                                                       
                   (c)  A cross-appeal may be initiated by filing with the                          
          office of the commission a signed notice of cross-appeal                                  
          within 30 days after the decision is filed or within 15 days                              
          after service of notice of an appeal, whichever is later.  The                            
          notice of cross-appeal shall specify the compensation order                               
          appealed from and the grounds upon which the cross-appeal is                              
          taken.                                                                                    
                   (d)  The office of the commission may charge a fee,                              
          not to exceed $100, for filing appeals and cross-appeals,                                 
          except that the office of the commission may not charge a fee                             
          if the appellant is the state or a political subdivision of the                           
          state.  The commission may require an appellant to pay the                                
          costs of the transcript of hearing and the preparation of the                             
          record on appeal.  The commission may require cross-                                      
          appellants or intervenors to share in the costs.                                          
                   (e)  If a request for reconsideration of a board                                 
          decision was timely filed with the office of the board, the                               
          notice of appeal must be filed within 30 days after the                                   
          reconsideration decision is mailed to the parties, or the date                            
          the request for reconsideration is considered denied in the                               
          absence of any action on the request, whichever is earlier.                               
                                                                                                    

2005-04-12                     Senate Journal                      Page 0914
                   (f)  The commission may require written briefs and                               
          make other rules and orders to facilitate the business of the                             
          commission and advance the prompt, fair, and just disposition                             
          of appeals.                                                                               
                   Sec. 23.30.128.  Commission proceedings.  (a)  An                              
          appeal from a decision of the board under this chapter, and                               
          other proceedings under this section, shall be heard and                                  
          decided by a three-member panel of the commission.  An                                    
          appeal panel of the commission must include the chair of the                              
          commission.  The chair of the commission shall assign two                                 
          members to each appeal, including one commission member                                   
          classified as representing employees and one commission                                   
          member classified as representing employers.  Acts,                                       
          decisions, and orders of the commission panel in the appeal or                            
          related proceeding shall be considered the acts, decisions, and                           
          orders of the full commission.  The matter on appeal shall be                             
          decided on the record made before the board, a transcript or                              
          recording of the proceedings before the board, and oral                                   
          argument and written briefs allowed by the commission.                                    
          Except as provided in (c) of this section, new or additional                              
           evidence may not be received with respect to the appeal.                                
                   (b)  The commission may review discretionary                                     
          actions, findings of fact, and conclusions of law by the board                            
          in hearing, determining, or otherwise acting on a                                         
          compensation claim or petition.  The board's findings                                     
          regarding the credibility of testimony of a witness before the                            
          board are binding on the commission.  The board's findings of                             
          fact shall be upheld by the commission if supported by                                    
          substantial evidence in light of the whole record.  In                                    
          reviewing questions of law and procedure, the commission                                  
          shall exercise its independent judgment.                                                  
                   (c)  The commission may hold hearings and receive                                
          evidence on applications for (1) stays under AS 23.30.125; (2)                            
          attorney fees and costs of appeal; (3) waiver of fees by                                  
          indigent appellants; or (4) dismissal of appeals for failure to                           
          prosecute or upon settlement.  The commission may rely on                                 
          new or additional evidence presented during the hearing in                                
          making its decision on the application.                                                   
                                                                                                    
                                                                                                    

2005-04-12                     Senate Journal                      Page 0915
                   (d)  The commission may affirm, reverse, or modify a                             
          decision or order upon review and issue other orders as                                   
          appropriate.  The commission may remand matters it                                        
          determines were improperly, incompletely, or otherwise                                    
          insufficiently developed.  The commission may remand for                                  
          further proceedings and appropriate action with or without                                
          relinquishing the commission's jurisdiction of the appeal.  The                           
          administrative adjudication procedures of AS 44.62                                        
          (Administrative Procedure Act) do not apply to the                                        
          proceedings of the commission.                                                            
                   (e)  Within 90 days after written briefing on the                                
          appeal is completed or oral argument is held, whichever is                                
          later, the commission shall issue a decision in writing.  The                             
          decision must contain a concise statement of reasons for the                              
          decision, including findings of fact, if required, and                                    
          conclusions of law.  The commission shall serve each party                                
          and the director with a copy of the decision.  Appeals may be                             
          expedited for good cause by the commission.  Unless                                       
          reconsideration is ordered under (f) of this section, a decision                          
           under this subsection is the final commission decision.                                 
                   (f)  A party or the director may request                                         
          reconsideration of a decision issued under (e) of this section                            
          within 30 days after the date of service shown in the                                     
          certificate of service of the decision.  The request must state                           
          specific grounds for reconsideration.  Reconsideration may be                             
          granted if, in reaching the decision, the commission (1)                                  
          overlooked, misapplied, or failed to consider a statute,                                  
          regulation, court or administrative decision, or legal principle                          
          directly controlling; (2) overlooked or misconceived a                                    
          material fact; (3) misconceived a material question in the                                
          case; or (4) applied law in the ruling that has subsequently                              
          changed.  The panel of the commission hearing the request for                             
          reconsideration shall consist of the same members of the                                  
          panel that issued the decision.  The commission may issue an                              
          order for reconsideration of all or part of the decision upon                             
          request of a party or the director.  Reconsideration is based on                          
          the record, unless the commission allows additional argument.                             
          The power to order reconsideration expires 60 days after the                              
          date of service, as shown on the certificate of service, of a                             
          decision issued under (e) of this section.  If the commission                             

2005-04-12                     Senate Journal                      Page 0916
          does not issue an order for reconsideration within the time                               
          allowed for ordering reconsideration, a request for                                       
          reconsideration is considered denied.  If reconsideration is                              
          ordered, the commission shall issue a decision within 30 days                             
          after the close of the record on reconsideration.  The                                    
          commission shall serve each party in the case with a copy of                              
          the decision upon reconsideration.  The decision upon                                     
          reconsideration is the final commission decision.                                         
                   (g)  A decision of the commission becomes final on                               
          the                                                                                       
                             (1)  31st day after the date of service of a                           
          decision if reconsideration is not requested;                                             
                             (2)  61st day after the date of service of a                           
          decision if reconsideration is requested but an order for                                 
          reconsideration is not issued; or                                                         
                             (3)  date of service of the commission                                 
          decision upon reconsideration under (f) of this section if                                
          reconsideration is requested and an order for reconsideration                             
          is issued.                                                                                
                   Sec. 23.30.129.  Judicial review of commission                                 
          orders.  (a)  Notwithstanding the provisions of AS 44.62.560,                           
          orders of the commission may not be appealed to the superior                              
          court.  Consistent with AS 22.05.010(b), final decisions of the                           
          commission may be appealed to the supreme court, and other                                
          orders may be reviewed by the supreme court as provided by                                
          the Alaska Rules of Appellate Procedure.                                                  
                   (b)  A finding by the commission concerning the                                  
          weight to be accorded a witness's testimony, including                                    
          medical testimony and reports, is conclusive even if the                                  
          evidence is conflicting or susceptible to contrary conclusions.                           
          The commission's findings of fact may be reversed on appeal                               
          if not supported by substantial evidence in light of the whole                            
          record."                                                                                  
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 28, following line 10:                                                                         
 Insert the following new material:                                                                 
                             "(36)  "commission" means the Workers'                                 
          Compensation Appeals Commission;"                                                         

2005-04-12                     Senate Journal                      Page 0917
Page 28, line 11:                                                                                   
 Delete "(36)"                                                                                      
 Insert "(37)"                                                                                      
                                                                                                    
Page 28, line 13:                                                                                   
 Delete "(37)"                                                                                      
 Insert "(38)"                                                                                      
                                                                                                    
Page 28, line 15:                                                                                   
 Delete "(38)"                                                                                      
 Insert "(39)"                                                                                      
                                                                                                    
Page 28, line 17:                                                                                   
 Delete "(39)"                                                                                      
 Insert "(40)"                                                                                      
                                                                                                    
Page 28, following line 20:                                                                         
 Insert a new bill section to read:                                                                 
   "* Sec. 47.  AS 39.25.110 is amended by adding a new paragraph to                              
read:                                                                                               
                             (40)  the chair of the Workers' Compensation                           
          Appeals Commission (AS 23.30.007)."                                                       
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 28, following line 23:                                                                         
 Insert a new bill section to read:                                                                 
   "* Sec. 49.  AS 39.50.200(b)(31) is amended to read:                                           
                             (31)  Workers' Compensation Board                                      
          (AS 23.30.005) and Workers' Compensation Appeals                                      
          Commission (AS 23.30.007);"                                                           
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 30, following line 5:                                                                          
 Insert new bill sections to read:                                                                  
"* Sec. 53.  The uncodified law of the State of Alaska is amended by                              
adding a new section to read:                                                                       
          TRANSITION:  INITIAL TERMS OF MEMBERS OF                                                  
WORKERS' COMPENSATION APPEALS COMMISSION.                                                           

2005-04-12                     Senate Journal                      Page 0918
Notwithstanding AS 23.30.007(e), enacted by sec. 9 of this Act, the                                 
terms of the initially appointed representative members of the                                      
Workers' Compensation Appeals Commission, established by                                            
AS 23.30.007, enacted by sec. 9 of this Act, shall be set by the                                    
governor to achieve staggered terms in the manner provided in                                       
AS 39.05.055.                                                                                       
   * Sec. 54.  The uncodified law of the State of Alaska is amended by                            
adding a new section to read:                                                                       
          TRANSITION:  STAFF.  (a)  In order to ensure the smooth                                   
assumption of duties in the shortest possible time, for a period of six                             
months after the effective date of this section, the director may, with                             
the approval of the commissioner of labor and workforce development                                 
and the chair of the commission, temporarily assign division                                        
employees to the commission and the commission may reimburse the                                    
division for the temporarily assigned employees.  Division employees                                
temporarily assigned to the commission shall continue in the same                                   
position and rate of pay for the duration of the temporary assignment                               
as the employees held at the division.                                                              
          (b)  In this section,                                                                     
                   (1)  "commission" means the Workers' Compensation                                
Appeals Commission established by AS 23.30.007, enacted by sec. 9                                   
of this Act;                                                                                        
                   (2)  "director" means the director of the division of                            
workers' compensation in the Department of Labor and Workforce                                      
Development;                                                                                        
                   (3)  "division" means the division of workers'                                   
compensation in the Department of Labor and Workforce                                               
Development."                                                                                       
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 30, line 20, following "REGULATIONS.":                                                         
 Insert "(a)"                                                                                       
                                                                                                    
Page 30, following line 25:                                                                         
 Insert the following new material:                                                                 
          "(b)  In order to provide for the procedures and other                                    
administrative matters necessary to ensure the on-going                                             
implementation of the state's workers' compensation laws to meet the                                
urgent needs of injured workers, and thus ensure the preservation of                                

2005-04-12                     Senate Journal                      Page 0919
the public peace, health, safety, or general welfare, the Workers'                                  
Compensation Appeals Commission established by AS 23.30.007,                                        
enacted by sec. 9 of this Act, may adopt under AS 23.30.008, enacted                                
by sec. 9 of this Act, as emergency regulations, the regulations                                    
necessary to implement the changes made by this Act."                                               
                                                                                                    
Page 30, line 30:                                                                                   
 Delete "sec. 24"                                                                                   
 Insert "sec. 25"                                                                                   
                                                                                                    
Page 31, line 5:                                                                                    
 Delete "Section 49"                                                                                
 Insert "Section 56(a)"                                                                             
                                                                                                    
Page 31, line 6:                                                                                    
 Delete "31, and 50"                                                                                
 Insert "34, and 57"                                                                                
                                                                                                    
Page 31, line 7:                                                                                    
 Delete "secs. 51 and 52"                                                                           
 Insert "secs. 58 and 59"                                                                           
                                                                                                    
Senator Seekins moved for the adoption of Amendment No. 2. Senator                                  
Ellis objected.                                                                                     
                                                                                                    
The question being: "Shall Amendment No. 2 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 130(FIN) am                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wilken                                                            
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson,                                 
Wagoner                                                                                             
                                                                                                    
and so, Amendment No. 2 was adopted.                                                                
                                                                                                    

2005-04-12                     Senate Journal                      Page 0920
Senators Dyson, Seekins offered Amendment No. 3:                                                    
                                                                                                    
Page 17, line 29, following "December 15, 2003":                                                    
 Insert "and after last day of 2007 session"                                                        
                                                                                                    
Senator Dyson moved for the adoption of Amendment No. 3.                                            
Objections were heard. Senator Dyson moved and asked unanimous                                      
consent to withdraw Amendment No. 3. Without objection,                                             
Amendment No. 3 was withdrawn.                                                                      
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 130(FIN) am                                         
will be on the April 13 calendar.                                                                   
                                                                                                    
SB 155                                                                                            
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 Art, for the major maintenance grant fund,                                    
and for other capital projects related to education; 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 848.                                   
Without objection, CS FOR SENATE BILL NO. 155(FIN) was                                              
adopted.                                                                                            
                                                                                                    
President Stevens stated CS FOR SENATE BILL NO. 155(FIN) will                                       
be on the April 13 calendar.                                                                        
                                                                                                    
                                                                                                    
                        Third Reading of Senate Bills                                            
                                                                                                    
SB 67                                                                                             
CS FOR SENATE BILL NO. 67(JUD) "An Act relating to claims for                                       
personal injury or wrongful death against health care providers; and                                
providing for an effective date" was read the third time.                                           
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-12                     Senate Journal                      Page 0921
Senator French moved that the bill be returned to second reading for                                
the purpose of a specific amendment, that being Amendment No. 3.                                    
Without objection, the bill was returned to second reading.                                         
                                                                                                    
Senator French offered Amendment No. 3:                                                             
                                                                                                    
Page 2, following line 11:                                                                          
     Insert a new subsection to read:                                                               
               "(f)  The limitation on noneconomic damages in this                                  
          section does not apply if the damages resulted from an act or                             
          omission that constitutes gross negligence or reckless or                                 
          intentional misconduct."                                                                  
                                                                                                    
Reletter the following subsection accordingly.                                                      
                                                                                                    
Senator French moved for the adoption of Amendment No. 3. Senator                                   
Gary Stevens objected.                                                                              
                                                                                                    
The question being: "Shall Amendment No. 3 be adopted?" The roll                                    
was taken with the following result:                                                                
                                                                                                    
CSSB 67(JUD)                                                                                        
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh,                                 
Olson                                                                                               
                                                                                                    
Nays:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
and so, Amendment No. 3 failed.                                                                     
                                                                                                    
CS FOR SENATE BILL NO. 67(JUD) was automatically in third                                           
reading.                                                                                            
                                                                                                    
Senator French called the Senate. The call was satisfied.                                           
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-12                     Senate Journal                      Page 0922
The question being: "Shall CS FOR SENATE BILL NO. 67(JUD) "An                                       
Act relating to claims for personal injury or wrongful death against                                
health care providers; and providing for an effective date" pass the                                
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSSB 67(JUD)                                                                                        
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Huggins, Olson, Seekins,                                       
Stedman, Stevens B, Stevens G, Therriault, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh,                                        
Wagoner                                                                                             
                                                                                                    
and so, CS FOR SENATE BILL NO. 67(JUD) passed the Senate.                                           
                                                                                                    
Senator Gary Stevens moved for the adoption of the effective date                                   
clause. Senator Ellis objected.                                                                     
                                                                                                    
The question being: "Shall the effective date clause be adopted?" The                               
roll was taken with the following result:                                                           
                                                                                                    
CSSB 67(JUD)                                                                                        
Effective Date Clause                                                                               
                                                                                                    
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Cowdery, Dyson, Green, Huggins, Seekins, Stedman,                                     
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Davis, Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson                                  
                                                                                                    
and so, the effective date clause failed.                                                           
                                                                                                    
Senator Olson gave notice of reconsideration on CS FOR SENATE                                       
BILL NO. 67(JUD)(efd fld) "An Act relating to claims for personal                                   
injury or wrongful death against health care providers."                                            
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-12                     Senate Journal                      Page 0923
                     Second Reading of House Resolutions                                         
                                                                                                    
HJR 15                                                                                            
CS FOR HOUSE JOINT RESOLUTION NO. 15(RES) Relating to                                               
open ocean aquaculture in the federal exclusive economic zone, was                                  
read the second time.                                                                               
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
resolution be advanced to third reading and placed on final passage.                                
Without objection, it was so ordered.                                                               
                                                                                                    
CS FOR HOUSE JOINT RESOLUTION NO. 15(RES) was read the                                              
third time.                                                                                         
                                                                                                    
The question being: "Shall CS FOR HOUSE JOINT RESOLUTION                                            
NO. 15(RES) Relating to open ocean aquaculture in the federal                                       
exclusive economic zone, pass the Senate?" The roll was taken with                                  
the following result:                                                                               
                                                                                                    
CSHJR 15(RES)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess,                                   
Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B,                                      
Stevens G, Therriault, Wagoner, Wilken                                                              
                                                                                                    
Absent:  Bunde                                                                                      
                                                                                                    
and so CS FOR HOUSE JOINT RESOLUTION NO. 15(RES) passed                                             
the Senate, was signed by the President and Secretary and returned to                               
the House.                                                                                          
                                                                                                    
                                                                                                    
                             Unfinished Business                                                 
                                                                                                    
President Stevens made the following appointments:                                                  
                                                                                                    
Victims' Advocate Selection Committee                                                             
 Senator Dyson                                                                                      
 Senator Huggins                                                                                    
 Senator French                                                                                     

2005-04-12                     Senate Journal                      Page 0924
SB 137                                                                                            
The reconsideration on 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 not taken up this legislative day and the                                
bill was referred to the Secretary for engrossment.                                                 
                                                                                                    
SB 141                                                                                            
The reconsideration on 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 not taken up this                                    
legislative day and the bill was referred to the Secretary for                                      
engrossment.                                                                                        
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-12                     Senate Journal                      Page 0925
                                 Engrossment                                                     
                                                                                                    
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                                  
engrossed, signed by the President and Secretary and transmitted to                                 
the House for consideration.                                                                        
                                                                                                    
SB 141                                                                                            
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 engrossed.                                                     
                                                                                                    
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 11:00 a.m., April 13, 2005. Without                               
objection, the Senate adjourned at 1:08 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                   April 2005                       

2005-04-12                     Senate Journal                      Page 0926
                                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 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                                                      
                   ----------------------------------------                                        
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
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                                                  
                                                                                                    
                                                                                                    
                                                                                                    

2005-04-12                     Senate Journal                      Page 0927
                             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                                                      

2005-04-12                     Senate Journal                      Page 0928
                             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                                                                     
              <Bill Hearing Canceled>                                                               
+ SB 131 WAGE & HOUR ACT: EXEC/PROF/ADMIN/SALES                                                     
+             Bills Previously Heard/Scheduled                                                      
                   ----------------------------------------                                        
                                                                                                    
                     HEALTH, EDUCATION & SOCIAL SERVICES                                         
                                                                                                    
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 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                                                      
                                                                                                    
                                                                                                    

2005-04-12                     Senate Journal                      Page 0929
                            JUDICIARY (continued)                                                
                                                                                                    
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                                                        
+= SB 108 INSURANCE                                                                                 
                                                                                                    
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                                                      
+             Senate Bill:                                                                          
              Opticians                                                                             
              <Pending Introduction & Referral>                                                     
+= SB 108 INSURANCE                                                                                 
+= SB 157 REG. COST CHARGES: UTILITIES/PIPELINES                                                    
                   ----------------------------------------                                        
                                                                                                    
                                  RESOURCES                                                      
                                                                                                    
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                                                                  
                                                                                                    
                                                                                                    

2005-04-12                     Senate Journal                      Page 0930
                            RESOURCES (continued)                                                
                                                                                                    
                                                                                                    
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                                                      
                   ----------------------------------------                                        
                                                                                                    
                                                                                                    
                                TRANSPORTATION                                                   
                                                                                                    
                                                                                                    
Apr 12        Tuesday                         Butrovich 205           1:30 PM                     
              -- Meeting Canceled --                                                                
+             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                                                                  
                                                                                                    

2005-04-12                     Senate Journal                      Page 0931
                          TRANSPORTATION (continued)                                             
                                                                                                    
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                                                                  
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                       ADMINISTRATIVE REGULATION REVIEW                                          
                                                                                                    
Apr 20        Wednesday                    Fahrenkamp 203             1:00 PM                     
              Hearing on DEC Proposed Changes to the                                                
              Alaska Food Codes