Legislature(2005 - 2006)
2005-05-24 Senate Journal
Full Journal pdf2005-05-24 Senate Journal Page 1725 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE FIRST SPECIAL SESSION Juneau, Alaska Tuesday May 24, 2005 Fourteenth Day The Senate was called to order by President Stevens at 10:19 p.m. The roll showed eighteen members present. Senators Bunde, Davis were absent. Senator Gary Stevens moved and asked unanimous consent that Senators Bunde, Davis be excused from a call of the Senate today to evening plane time, May 25. Without objection, Senators Bunde, Davis were excused. The prayer was offered by the Chaplain, Alan Gordon. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord, Please renew our spirits today and let us be optimistic and hopeful. Allow healing and tranquility to seep into us and clear our minds and hearts of bitterness. Today is a new day; let us rejoice in it. Amen. Senator Ellis led the Senate in the Pledge of Allegiance. 2005-05-24 Senate Journal Page 1726 Certification Senator Gary Stevens moved and asked unanimous consent that the journals for the eleventh through thirteenth legislative days of the First Special Session be approved as certified by the Secretary. Without objection, it was so ordered. President Stevens recognized Representative Stoltze and Representative Salmon. Representatives Stoltze and Salmon informed the Senate that the House had completed its work on the items under the Governor's call to the First Special Session. Messages from the Governor Executive Supplemental Proclamation Under the authority of art. II, sec. 9, and art. III, sec. 17, of the Alaska Constitution, and in the public interest, I am amending my May 9 and May 11, 2005, proclamations calling the Twenty-Fourth Legislature of the State of Alaska into its first special session in Juneau, Alaska, on May 11, 2005, as follows: I am supplementing the call with the addition of the following subject: State aid for part of the payments made by municipalities for the retirement of principal and interest on outstanding bonds, notes, or other indebtedness authorized by the qualified voters of the municipality to pay the costs of school construction. This proclamation supplements my proclamations of May 9 and May 11, 2005. rd Dated at Juneau, Alaska this 23 day of May 2005. /s/ Frank H. Murkowski, Governor 2005-05-24 Senate Journal Page 1727 Messages from the House SB 130 Message dated May 22 was read, stating the House has adopted the report of the Free Conference Committee considering CS FOR SENATE BILL NO. 130(FIN) am and HOUSE CS FOR CS FOR SENATE BILL NO. 130(JUD) am H, thus adopting: FREE CONFERENCE CS FOR SENATE BILL NO. 130(efd pfld 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." SB 141 Message dated May 23 was read, stating the House has adopted the report of the 2d Free Conference Committee considering CS FOR SENATE BILL NO. 141(FIN) and HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H, thus adopting: FREE CONFERENCE CS FOR SENATE BILL NO. 141(2d FCC) "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." 2005-05-24 Senate Journal Page 1728 The Senate adopted FREE CONFERENCE CS FOR SENATE BILL NO. 141(2d FCC) on May 21 (page 1717). The bill was referred to the Secretary for engrossment and enrollment. Special Committee Reports SB 73 May 23, 2005 Mr. President Mr. Speaker The Conference Committee considering 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 insurance 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." and 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." 2005-05-24 Senate Journal Page 1729 Respectfully requests limited powers of free conference on the following specific point: Section 2 and Section 3 in CS for Senate Bill No. 73(FIN) am H relating to school bond debt reimbursement. Signing the report: Senator Wilken, Chair, Senators Huggins, Guess; Representative Meyer, Chair, Representatives Kelly, Gruenberg President Stevens granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. SB 73 The following report was received and distributed at 7:19 p.m., May 24, 2005: May 24, 2005 Mr. President: Mr. Speaker: The Conference Committee with limited powers of free conference considered CS FOR SENATE BILL NO. 73(FIN) am and CS FOR SENATE BILL NO. 73(FIN) am H and recommends CONFERENCE CS FOR SENATE BILL NO. 73 "An Act relating to reimbursement of municipal bonds for school construction; relating to a lease-purchase agreement for the construction, equipping, and financing of a state virology laboratory in Fairbanks to be operated by the Department of Health and Social Services; relating to the issuance of certificates of participation for the laboratory; relating to the use of certain investment income for certain construction and equipment costs for the laboratory; and providing for an effective date." be adopted. The following fiscal information was published today: Fiscal Note No. 5, indeterminate, Department of Education and Early Development 2005-05-24 Senate Journal Page 1730 The following previously published fiscal information applies: Fiscal Note No. 1, Department of Revenue Fiscal Note No. 2, Department of Health and Social Services Fiscal Note No. 4, zero, Department of Health and Social Services Signing the report: Senator Wilken, Chair, Senators Huggins, Guess; Representative Meyer, Chair, Representatives Kelly, Gruenberg President Stevens stated CONFERENCE CS FOR SENATE BILL NO. 73 would be held on the Secretary's desk. HB 1 The following report was received and distributed at 8:44 p.m., May 23, 2005: May 23, 2005 Mr. President: Mr. Speaker: The Conference Committee considered CS FOR HOUSE BILL NO. 1 (HES) and SENATE CS FOR CS FOR HOUSE BILL NO. 1(FIN) and recommends CONFERENCE CS FOR HOUSE BILL NO. 1 "An Act relating to the base student allocation used in the formula for state funding of public education; and providing for an effective date." be adopted. Signing the report: Senator Wilken, Chair, Senators Green, Hoffman; Representative Meyer, Chair, Representatives Chenault, Gara President Stevens stated CONFERENCE CS FOR HOUSE BILL NO. 1 would be held on the Secretary's desk. HB 66 The following report was received and distributed at 2:59 a.m., May 24, 2005: 2005-05-24 Senate Journal Page 1731 May 23, 2005 Mr. President: Mr. Speaker: The Conference Committee with limited powers of free conference considered CS FOR HOUSE BILL NO. 66(FIN) and SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) and recommends CONFERENCE CS FOR HOUSE BILL NO. 66 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." be adopted. Signing the report: Senator Wilken, Chair, Senators Green, Hoffman; Representative Chenault, Chair, Representatives Meyer, Croft President Stevens stated CONFERENCE CS FOR HOUSE BILL NO. 66 would be held on the Secretary's desk. HB 67 The following report was received and distributed at 2:59 a.m., May 24, 2005: May 23, 2005 Mr. President: Mr. Speaker: The Conference Committee with limited powers of free conference considered CS FOR HOUSE BILL NO. 67(FIN)(brf sup maj fld) and SENATE CS FOR CS FOR HOUSE BILL NO. 67(FIN) and recommends CONFERENCE CS FOR HOUSE BILL NO. 67 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." 2005-05-24 Senate Journal Page 1732 be adopted. Signing the report: Senator Wilken, Chair, Senators Green, Hoffman; Representative Chenault, Chair, Representatives Meyer, Croft President Stevens stated CONFERENCE CS FOR HOUSE BILL NO. 67 would be held on the Secretary's desk. SB 130 Senator Gary Stevens moved that the Senate adopt the Conference Committee Report on FREE CONFERENCE CS FOR SENATE BILL NO. 130, which had been held on the Secretary's desk (page 1712). The question being: "Shall the Senate adopt the Conference Committee Report on FREE CONFERENCE CS FOR SENATE BILL NO. 130 "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"?" The roll was taken with the following result: FCCS SB 130 Shall the Senate Adopt the Conference Committee Report? YEAS: 11 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Cowdery, Dyson, Green, Huggins, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Nays: Ellis, Elton, French, Guess, Hoffman, Kookesh, Olson Excused: Bunde, Davis and so, the report was adopted. Senator Gary Stevens moved for the adoption of the Court Rule change. The question being: "Shall the Court Rule change be adopted?" The roll was taken with the following result: 2005-05-24 Senate Journal Page 1733 FCCS SB 130 Adopt Court Rule Change? YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Bunde, Davis and so, the Court Rule change 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 130 Effective Date Clauses YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Bunde, Davis and so, the effective date clauses were adopted. The Secretary was requested to notify the House. The bill was referred to the Secretary for engrossment and enrollment. SB 73 Senator Gary Stevens moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 73, which had been held on the Secretary's desk (page 1730). 2005-05-24 Senate Journal Page 1734 The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 73 "An Act relating to reimbursement of municipal bonds for school construction; relating to a lease-purchase agreement for the construction, equipping, and financing of a state virology laboratory in Fairbanks to be operated by the Department of Health and Social Services; relating to the issuance of certificates of participation for the laboratory; relating to the use of certain investment income for certain construction and equipment costs for the laboratory; and providing for an effective date"?" The roll was taken with the following result: CCS SB 73 Shall the Senate adopt the Conference Committee Report? Effective Date YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Bunde, Davis and so, the report was adopted. Senator Gary Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for engrossment and enrollment. HB 66 Senator Gary Stevens moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 66 which had been held on the Secretary's desk (page 1731). The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 66 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date"?" The roll was taken with the following result: 2005-05-24 Senate Journal Page 1735 CCS HB 66 Shall the Senate adopt the Conference Committee Report? Effective Date YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Bunde, Davis and so, the report was adopted. Senator Gary Stevens moved and asked unanimous consent that the vote on the adoption of the conference committee report be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. HB 67 Senator Gary Stevens moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 67, which had been held on the Secretary's desk (page 1732). The question being: "Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 67 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date"?" The roll was taken with the following result: CCS HB 67 Shall the Senate adopt the Conference Committee Report? Effective Dates YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Bunde, Davis 2005-05-24 Senate Journal Page 1736 and so, the report was adopted. Senator Gary Stevens moved and asked unanimous consent that the vote on the adoption of the conference committee report be considered the vote on the effective date clauses. Without objection, it was so ordered. Senator Gary Stevens moved for the adoption of the constitutional budget reserve fund sections. The question being: "Shall the constitutional budget reserve fund sections (Article IX, Section 17(c) Constitution of the State of Alaska) be adopted?" The roll was taken with the following result: CCS HB 67 Budget Reserve Fund Sections YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Cowdery, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken Excused: Bunde, Davis and so, the constitutional budget reserve fund sections were adopted, and the bill was signed by the President and Secretary and returned to the House. Announcements Announcements are at the end of the journal. Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., May 25, 2005. Without objection, the Senate adjourned at 10:57 p.m. Kirsten Waid Secretary of the Senate July 2005 2005-05-24 Senate Journal Page 1737 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 TRANSPORTATION Jun 09 Thursday Anch Lio Conf Rm 10:00 AM + Joint w/(H) Transportation Force Account Projects Briefing - Pat Davidson, Leg. Auditor Privatization of Transportation Services British Columbia Public Testimony - General Contractors, Builders and Others Force Account Projects Presentation - DOT/PF ---------------------------------------- JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 1 May 24 Tuesday House Finance 519 TBA -- Meeting Canceled -- = HB 1 INCREASE AMT OF BASE STUDENT ALLOCATION ---------------------------------------- CONFERENCE COMMITTEE ON HB 66 & HB 67 May 24 Tuesday House Finance 519 TBA -- Meeting Canceled -- = HB 66 APPROP: MENTAL HEALTH BUDGET = HB 67 APPROP: OPERATING BUDGET/LOANS/FUNDS/BRF 2005-05-24 Senate Journal Page 1738 CONFERENCE COMMITTEE ON SB 73 May 24 Tuesday Senate Finance 532 3:30 PM = SB 73 STATE VIROLOGY LABORATORY ----------------------------------------