Legislature(2005 - 2006)

2005-05-14 Senate Journal

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2005-05-14                     Senate Journal                      Page 1645
                                                                                                    
                                SENATE JOURNAL                                                   
                                                                                                    
                           ALASKA STATE LEGISLATURE                                              
                                                                                                    
                          TWENTY-FOURTH LEGISLATURE                                              
                                                                                                    
                            FIRST SPECIAL SESSION                                                
                                                                                                    
Juneau, Alaska                     Saturday                    May 14, 2005                       
                                                                                                    
                                  Fourth Day                                                     
                                                                                                    
                                                                                                    
Pursuant to adjournment the Senate was called to order by President                                 
Stevens at 1:39 p.m.                                                                                
                                                                                                    
The roll showed fifteen members present. Senators Bunde, Davis,                                     
French, Olson were excused from a call of the Senate. Senator                                       
Hoffman was absent.                                                                                 
                                                                                                    
The prayer was offered by the Chaplain, Senator Green. Senator Ellis                                
moved and asked unanimous consent that the prayer be spread.                                        
Without objection, it was so ordered.                                                               
                                                                                                    
          Our dear heavenly father, it is with great honor, and                                     
          we count as a privilege, to be able to be here today                                      
          and to continue our deliberations. We ask You to                                          
          help us remain steady in the job before us and to                                         
          remain healthy through the stress.                                                        
                                                                                                    
          Be with us and grant to us all the patience, wisdom,                                      
          strength, power and ability to see the other view.                                        
          Help our families. Help us maintain our health                                            
          through all of this and we ask that You be in our                                         
           presence  and  continue  Your  guidance  in  our lives.                                 
                                    Amen.                                                          
                                                                                                    
                                                                                                    
Senator Kookesh led the Senate in the Pledge of Allegiance.                                         
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-14                     Senate Journal                      Page 1646
                                Certification                                                    
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
journal for the third legislative day of the First Special Session and                              
Senate Supplement No. 3 be approved as certified by the Secretary.                                  
Without objection, it was so ordered.                                                               
                                                                                                    
                                                                                                    
                           Messages from the House                                               
                                                                                                    
SB 130                                                                                            
Message dated May 13 was received, stating the Speaker granted                                      
limited powers of free conference to the House conferees considering:                               
                                                                                                    
CS FOR SENATE BILL NO. 130(FIN) am "An Act relating to a                                            
special deposit for workers' compensation and employers' liability                                  
insurers; relating to assigned risk pools; relating to workers'                                     
compensation insurers; stating the intent of the legislature, and setting                           
out limitations, concerning the interpretation, construction, and                                   
implementation of workers' compensation laws; relating to the Alaska                                
Workers' Compensation Board; assigning certain Alaska Workers'                                      
Compensation Board functions to the division of workers'                                            
compensation in the Department of Labor and Workforce                                               
Development and to that department, and authorizing the board to                                    
delegate administrative and enforcement duties to the division;                                     
providing for workers' compensation hearing officers in workers'                                    
compensation proceedings; establishing a Workers' Compensation                                      
Appeals Commission; 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                                  

2005-05-14                     Senate Journal                      Page 1647
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"                                
                                                                                                    
and                                                                                                 
                                                                                                    
HOUSE CS FOR CS FOR SENATE BILL NO. 130(JUD) am H "An                                               
Act relating to workers' compensation and to assigned risk pools;                                   
relating to the Alaska Insurance Guaranty Association; establishing the                             
Task Force on Workers' Compensation; amending Rule 45, Alaska                                       
Rules of Civil Procedure; and providing for an effective date"                                      
                                                                                                    
on the requested specific points.                                                                   
                                                                                                    
                                                                                                    
                               Concur Messages                                                   
                                                                                                    
SB 73                                                                                             
Message dated May 13 was read, stating the House passed CS FOR                                      
SENATE BILL NO. 73(FIN) am "An Act relating to a lease-purchase                                     
agreement for the construction, equipping, and financing of a state                                 
virology laboratory in Fairbanks to be operated by the Department of                                
Health and Social Services; relating to the issuance of certificates of                             
participation for the laboratory; relating to the use of certain                                    
investment income for certain construction and equipment costs for                                  
the laboratory; and providing for an effective date" with the following                             
amendment:                                                                                          
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-14                     Senate Journal                      Page 1648
          CS FOR SENATE BILL NO. 73(FIN) am H "An Act                                               
          relating to reimbursement of municipal bonds for                                          
          school construction; relating to a lease-purchase                                         
          agreement for the construction, equipping, and                                            
          financing of a state virology laboratory in Fairbanks                                     
          to be operated by the Department of Health and                                            
          Social Services; relating to the issuance of certificates                                 
          of participation for the laboratory; relating to the use                                  
          of certain investment income for certain construction                                     
          and equipment costs for the laboratory; authorizing                                       
          financing for certain public transportation projects;                                     
          giving notice of and approving the entry into, and the                                    
          issuance of revenue obligations that provide                                              
          participation in, lease-financing agreements for those                                    
          transportation projects; and providing for an effective                                   
          date."                                                                                    
                                                                                                    
Senator Gary Stevens moved that the Senate concur in the House                                      
amendment and recommended the body vote no.                                                         
                                                                                                    
The question being: "Shall the Senate concur in the House                                           
amendment?" The roll was taken with the following result:                                           
                                                                                                    
CSSB 73(FIN) am H                                                                                   
Shall the Senate Concur in the House                                                                
Amendment to CSSB 73(FIN) am?                                                                       
                                                                                                    
YEAS:  4   NAYS:  11   EXCUSED:  4   ABSENT:  1                                                   
                                                                                                    
Yeas:  Ellis, Elton, Guess, Kookesh                                                                 
                                                                                                    
Nays:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Excused:  Bunde, Davis, French, Olson                                                               
                                                                                                    
Absent:  Hoffman                                                                                    
                                                                                                    
and so, the Senate failed to concur.                                                                
                                                                                                    
The Secretary was requested to notify the House of the Senate's action                              
and request the House to recede from its amendment. In the event the                                
House fails to recede, the President appointed a Conference                                         
Committee to meet with a like committee from the House to consider                                  
the bills:                                                                                          

2005-05-14                     Senate Journal                      Page 1649
     Senator Wilken, Chair                                                                          
     Senator Huggins                                                                                
     Senator Guess                                                                                  
                                                                                                    
                                                                                                    
                               Recede Messages                                                   
                                                                                                    
HB 94                                                                                             
Message dated May 13 was read, stating the House failed to concur in                                
the Senate amendment to CS FOR HOUSE BILL NO. 94(FIN) am and                                        
respectfully requests the Senate to recede from its amendment,                                      
namely:                                                                                             
                                                                                                    
          SENATE CS FOR CS FOR HOUSE BILL NO.                                                       
          94(STA) "An Act relating to qualifications of voters,                                     
          requirements and procedures regarding independent                                         
          candidates for President and Vice-President of the                                        
          United States, voter registration, voter residence,                                       
          precinct boundary and polling place designation and                                       
          modification, political parties, voters unaffiliated                                      
          with a political party, early voting, absentee voting,                                    
          ballot design, ballot counting, voting by mail, voting                                    
          machines, vote tally systems, qualifications for                                          
          elected office, initiative, referendum, recall, and                                       
          definitions in the Alaska Election Code; and relating                                     
          to incorporation elections."                                                              
                                                                                                    
In the event the Senate fails to recede, the Speaker has appointed the                              
following members to a Conference Committee to meet with a like                                     
committee from the Senate to consider the bills:                                                    
                                                                                                    
     Representative Samuels, Chair                                                                  
     Representative Elkins                                                                          
     Representative Gruenberg                                                                       
                                                                                                    
Senator Gary Stevens moved that the Senate recede from its                                          
amendment and recommended the body vote no.                                                         
                                                                                                    
The presence of Senator Hoffman was noted.                                                          

2005-05-14                     Senate Journal                      Page 1650
HB 94                                                                                             
The question being: "Shall the Senate recede from its amendment?"                                   
The roll was taken with the following result:                                                       
                                                                                                    
SCS CSHB 94(STA)                                                                                    
Shall the Senate Recede from its                                                                    
Amendment to CSHB 94(FIN) am?                                                                       
                                                                                                    
YEAS:  5   NAYS:  11   EXCUSED:  4   ABSENT:  0                                                   
                                                                                                    
Yeas:  Ellis, Elton, Guess, Hoffman, Kookesh                                                        
                                                                                                    
Nays:  Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens                                    
B, Stevens G, Therriault, Wagoner, Wilken                                                           
                                                                                                    
Excused:  Bunde, Davis, French, Olson                                                               
                                                                                                    
and so, the Senate failed to recede.                                                                
                                                                                                    
The President appointed the following members to a Conference                                       
Committee to meet with the like committee from the House:                                           
                                                                                                    
     Senator Gary Stevens, Chair                                                                    
     Senator Therriault                                                                             
     Senator Elton                                                                                  
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                                    Recess                                                       
                                                                                                    
President Stevens stated that, without objection, the Senate would                                  
stand in recess to a call of the Chair. There being no objection, the                               
Senate recessed at 1:47 p.m.                                                                        
                                                                                                    
                                                                                                    
                                 After Recess                                                    
                                                                                                    
The Senate reconvened at 6:59 p.m.                                                                  
                                                                                                    
Message dated May 13 was read, stating the House passed and                                         
transmitted for consideration:                                                                      
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-14                     Senate Journal                      Page 1651
                        First Reading and Reference of                                           
                              House Resolutions                                                  
                                                                                                    
HCR 24                                                                                            
HOUSE CONCURRENT RESOLUTION NO. 24 BY                                                               
REPRESENTATIVE GRUENBERG,                                                                           
                                                                                                    
          Suspending Rules 24(c), 35, 41(b), and 42(e),                                             
          Uniform Rules of the Alaska State Legislature,                                            
          concerning Senate Bill No. 73, relating to a lease-                                       
          purchase agreement for the construction, equipping,                                       
          and financing of a state virology laboratory in                                           
          Fairbanks to be operated by the Department of Health                                      
          and Social Services; relating to the issuance of                                          
          certificates of participation for the laboratory;                                         
          relating to the use of certain investment income for                                      
          certain construction and equipment costs for the                                          
          laboratory.                                                                               
                                                                                                    
was read the first time and held on the Secretary's desk.                                           
                                                                                                    
                                                                                                    
                          Special Committee Reports                                              
                                                                                                    
SB 141                                                                                            
Forthcoming Conference Committee Substitute (page 1639) was                                         
received today:                                                                                     
                                                                                                    
FREE CONFERENCE CS FOR SENATE BILL NO. 141(Corrected)                                               
"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, 2006;                                
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                                  

2005-05-14                     Senate Journal                      Page 1652
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."                                                         
                                                                                                    
SB 141                                                                                            
Senator Gary Stevens moved and asked unanimous consent to take up                                   
the Conference Committee Report on FREE CONFERENCE CS FOR                                           
SENATE BILL NO. 141(Corrected) which had been held on the                                           
Secretary's desk (page 1639). Without objection, the Conference                                     
Committee Report was before the Senate.                                                             
                                                                                                    
Senator Gary Stevens moved that the Senate adopt the Conference                                     
Committee Report on FREE CONFERENCE CS FOR SENATE BILL                                              
NO. 141(Corrected).                                                                                 
                                                                                                    
The question being: "Shall the Senate adopt the Conference                                          
Committee Report on FREE CONFERENCE CS FOR SENATE BILL                                              
NO. 141(Corrected) "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, 2006; 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"?" The roll was taken with the following result:                                     

2005-05-14                     Senate Journal                      Page 1653
                                                                                                    
FCCS SB 141(Corrected)                                                                              
Shall the Senate adopt the Conference                                                               
Committee Report?                                                                                   
                                                                                                    
YEAS:  12   NAYS:  5   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Green, Hoffman, Huggins, Seekins, Stedman,                                   
Stevens B, Stevens G, Therriault, Wagoner, Wilken                                                   
                                                                                                    
Nays:  Ellis, Elton, French, Guess, Kookesh                                                         
                                                                                                    
Excused:  Bunde, Davis, Olson                                                                       
                                                                                                    
and so, the report was adopted.                                                                     
                                                                                                    
Senator Gary Stevens moved for the adoption of the effective date                                   
clauses.                                                                                            
                                                                                                    
The question being: "Shall the effective date clauses be adopted?" The                              
roll was taken with the following result:                                                           
                                                                                                    
FCCS SB 141(Corrected)                                                                              
Effective Date Clauses                                                                              
                                                                                                    
YEAS:  17   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman,                                 
Huggins, Kookesh, Seekins, Stedman, Stevens B, Stevens G,                                           
Therriault, Wagoner, Wilken                                                                         
                                                                                                    
Excused:  Bunde, Davis, Olson                                                                       
                                                                                                    
and so, the effective date clauses were adopted.                                                    
                                                                                                    
The Secretary was requested to notify the House.                                                    
                                                                                                    
                                                                                                    
                                Announcements                                                    
                                                                                                    
Announcements are at the end of the journal.                                                        
                                                                                                    
                                                                                                    
                                                                                                    
                                                                                                    

2005-05-14                     Senate Journal                      Page 1654
                                                                                                    
                                 Adjournment                                                     
                                                                                                    
Senator Gary Stevens moved and asked unanimous consent that the                                     
Senate stand in adjournment until 1:00 p.m., May 15, 2005. Without                                  
objection, the Senate adjourned at 7:17 p.m.                                                        
                                                                                                    
                                                                Kirsten Waid                        
                                                     Secretary of the Senate                        
                                                                                                    
                                                                    May 2005                        

2005-05-14                     Senate Journal                      Page 1655
                                Announcements                                                    
                                                                                                    
Americans with Disabilities Act Notice - Persons with disabilities who require                      
special accommodation or alternative communication formats to access                                
committee meetings may contact the appropriate committee office or the                              
Legislative Information Office in their community. Reasonable advance                               
notice is needed to accommodate the request. For further information, call the                      
ADA Coordinator at 465-3854 Voice/465-4980 TDD.                                                     
                                                                                                    
                                                                                                    
                             STANDING COMMITTEES                                                 
+ indicates teleconference                                                                          
= indicates bill previously heard/scheduled                                                         
                                                                                                    
                                   FINANCE                                                       
                                                                                                    
May 15        Sunday                    Senate Finance 532            1:00 PM                     
              Agenda TBA                                                                            
                   ----------------------------------------                                        
                                                                                                    
                               JOINT COMMITTEES                                                  
                                                                                                    
                         CONFERENCE COMMITTEE ON HB 1                                            
                                                                                                    
May 15        Sunday                          Location TBA                                        
= HB   1 INCREASE AMT OF BASE STUDENT ALLOCATION                                                    
                   ----------------------------------------                                        
                                                                                                    
                    CONFERENCE COMMITTEE ON HB 66 & HB 67                                        
                                                                                                    
May 15        Sunday                          Location TBA                                        
= HB  66 APPROP: MENTAL HEALTH BUDGET                                                               
= HB  67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF