Legislature(2005 - 2006)
2005-05-06 House Journal
Full Journal pdf2005-05-06 House Journal Page 1647 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE - FIRST SESSION Juneau, Alaska Friday May 6, 2005 One Hundred Seventeenth Day Pursuant to adjournment the House was called to order by Speaker Harris at 10:34 a.m. Roll call showed 24 members present. Representatives Anderson, Berkowitz, Croft, Dahlstrom, Gara, Kapsner, Kohring, Kott, LeDoux, Lynn, McGuire, Olson, Ramras, Rokeberg, Samuels, and Stoltze were absent and their presence was noted later. The invocation was offered by the Chaplain, the Reverend George Silides of Holy Trinity Episcopal Church. Representative Joule moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it was so ordered. With deep respect for the religious traditions of all Alaskans, I offer this prayer. God, our Maker and giver of all good gifts, in the Hebrew and Christian scriptures we hear of miraculous feedings, thousands fed from what mortal eyes thought was not enough. Deliver us from "not enough" thinking - that one of us will have and therefore the other cannot have. Open our eyes to the abundance of this great land in natural resources, our eyes open to the riches of our people: the riches of imagination, industry, courage, and perseverance. Lord, many are tired and lonely; teach us to be their friends. Many are anxious and afraid; help us to calm their fears. Others in their emptiness seek only wealth and fame and power; teach them to value other gifts than these. Some are 2005-05-06 House Journal Page 1648 drained of faith; they are cynical, bored, or despairing; let us be worthy of their trust, respect, and confidence - let our faith in them bring renewed sense of purpose. And some live with death in their souls: they are stunned, violent, and filled with hate; give us wisdom to save them from the wastelands of the spirit. And teach us to show our love; let compassion and knowledge combine for the welfare of all - that all may know they are not alone. O God, make us more conscious of Your gifts to us, and help us to see that no work truly prospers until it brings blessings to others. May we never withhold by accident or intention a share in the bounty that is ours, nor dispossess anyone of what they have earned by the labor of their days. Upon this house and its every member pour thy blessing, O Lord, of peace, of health, of courage, of joy in Your creation, and the living of their lives. Amen. The Pledge of Allegiance was led by Representative Foster. CERTIFICATION OF THE JOURNAL Representative Coghill moved and asked unanimous consent that the journal for the 115th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 124 A message dated May 5, 2005, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 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." 2005-05-06 House Journal Page 1649 Chapter No. 12, SLA 2005 Effective Date: May 6, 2005 HB 198 A message dated May 5, 2005, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 198(RES)(title am) "An Act relating to aquatic plant and shellfish farming; and providing for an effective date." Chapter No. 13, SLA 2005 Effective Date: July 1, 2005 SB 52 A message dated May 5, 2005, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 52(L&C) "An Act relating to certain functions of the division of banking, securities, and corporations and the division of occupational licensing in the Department of Commerce, Community, and Economic Development; relating to program receipts and record search fees of the Department of Commerce, Community, and Economic Development related to banking, securities, and corporations; and providing for an effective date." Chapter No. 14, SLA 2005 Effective Date: See Chapter **The presence of Representative Berkowitz was noted. MESSAGES FROM THE SENATE HCR 9 A message dated May 5, 2005, was read stating the Senate has passed: 2005-05-06 House Journal Page 1650 HOUSE CONCURRENT RESOLUTION NO. 9 Proclaiming Alaska Agriculture Day for 2005 and 2006. HCR 9 was referred to the Chief Clerk for enrollment. HJR 20 A message dated May 5, 2005, was read stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 20 Urging the United States Congress and the United States Food and Drug Administration to assist in the prompt approval of new drug applications for the treatment of prostate cancer. HJR 20 was referred to the Chief Clerk for enrollment. HB 213 A message dated May 5, 2005, was read stating the Senate has passed: HOUSE BILL NO. 213 "An Act relating to alcohol server education." HB 213 was referred to the Chief Clerk for enrollment. HB 75 A message dated May 5, 2005, was read stating the Senate has passed CSHB 75(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) "An Act relating to the powers and duties of the commissioner of fish and game, Board of Fisheries, and Board of Game in promoting and preserving fishing, hunting, and trapping in the state." CSHB 75(FIN) is under Unfinished Business. **The presence of Representative Anderson was noted. 2005-05-06 House Journal Page 1651 HB 214 A message dated May 5, 2005, was read stating the Senate has passed CSHB 214(HES) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 214(STA) "An Act relating to anatomical gifts and the anatomical gift donor registry program." CSHB 214(HES) is under Unfinished Business. **The presence of Representatives Olson, Dahlstrom, and Lynn was noted. Messages dated May 5, 2005, were read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 14 SENATE CONCURRENT RESOLUTION NO. 14 by the Senate Community and Regional Affairs Committee: Relating to the Advisory Commission on Local Government. was read the first time and referred to the Rules Committee for placement on the calendar. **The presence of Representative Ramras was noted. FIRST READING AND REFERENCE OF SENATE BILLS SB 124 CS FOR SENATE BILL NO. 124(L&C) by the Senate Labor and Commerce Committee, entitled: 2005-05-06 House Journal Page 1652 "An Act relating to requirements to obtain and maintain a fisheries business license; relating to security required of fish processors and primary fish buyers; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 125 CS FOR SENATE BILL NO. 125(JUD) by the Senate Judiciary Committee, entitled: "An Act relating to the licensing, regulation, enforcement, and appeal rights of ambulatory surgical centers, assisted living homes, child care facilities, child placement agencies, foster homes, free-standing birth centers, home health agencies, hospices or agencies providing hospice services or operating hospice programs, hospitals, intermediate care facilities for the mentally retarded, maternity homes, nursing facilities, residential child care facilities, residential psychiatric treatment centers, runaway shelters, and rural health clinics; relating to possession of a firearm at licensed entities and facilities; relating to criminal history requirements, and a registry, regarding certain licenses, certifications, approvals, and authorizations by the Department of Health and Social Services; making conforming amendments; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 128 SENATE BILL NO. 128 am by Senators Therriault, Olson, and Kookesh, entitled: "An Act relating to consideration by the Local Boundary Commission of a requested borough incorporation." was read the first time and referred to the Community & Regional Affairs Committee. **The presence of Representatives Gara, McGuire, Kohring, LeDoux, Kott, Croft, Samuels, Stoltze, and Rokeberg was noted. 2005-05-06 House Journal Page 1653 REPORTS OF STANDING COMMITTEES HB 193 The Judiciary Committee has considered: HOUSE BILL NO. 193 "An Act relating to the licensing, regulation, enforcement, and appeal rights of ambulatory surgical centers, assisted living homes, child care facilities, child placement agencies, foster homes, free-standing birth centers, home health agencies, hospices or agencies providing hospice services, hospitals, intermediate care facilities for the mentally retarded, maternity homes, nursing facilities, residential child care facilities, residential psychiatric treatment centers, and rural health clinics; relating to criminal history requirements, and a registry, regarding certain licenses, certifications, approvals, and authorizations by the Department of Health and Social Services; making conforming amendments; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 193(JUD) "An Act relating to the licensing, regulation, enforcement, and appeal rights of ambulatory surgical centers, assisted living homes, child care facilities, child placement agencies, foster homes, free-standing birth centers, home health agencies, hospices or agencies providing hospice services or operating hospice programs, hospitals, intermediate care facilities for the mentally retarded, maternity homes, nursing facilities, residential child care facilities, residential psychiatric treatment centers, runaway shelters, and rural health clinics; relating to possession of a firearm at licensed entities and facilities; relating to criminal history requirements, and a registry, regarding certain licenses, certifications, approvals, and authorizations by the Department of Health and Social Services; making conforming amendments; and providing for an effective date." The report was signed by Representative McGuire, Chair, with the following individual recommendations: 2005-05-06 House Journal Page 1654 Do pass (1): McGuire No recommendation (4): Kott, Gruenberg, Dahlstrom, Coghill Amend (2): Anderson, Gara The following fiscal note(s) apply to CSHB 193(JUD): 1. Zero, Dept. of Health & Social Services 4. Zero, Dept. of Law HB 193 was referred to the Finance Committee. SB 110 The Finance Committee has considered: CS FOR SENATE BILL NO. 110(FIN)(efd fld) "An Act relating to regulation of the discharge of pollutants under the National Pollutant Discharge Elimination System." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 110(FIN) (same title) The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (2): Kelly, Foster No recommendation (6): Hawker, Croft, Holm, Stoltze, Meyer, Chenault Amend (1): Weyhrauch The following fiscal note(s) apply to HCS CSSB 110(FIN): 1. Zero, Dept. of Fish & Game 2. Zero, Dept. of Natural Resources 2005-05-06 House Journal Page 1655 4. Zero, Dept. of Transportation & Public Facilities 5. Fiscal, Dept. of Environmental Conservation CSSB 110(FIN)(efd fld) was referred to the Rules Committee for placement on the calendar. SB 147 The Rules Committee has considered: CS FOR SENATE BILL NO. 147(FIN) "An Act providing for a sport fishing facility surcharge on sport fishing licenses; providing for the construction and renovation of state sport fishing facilities and for other projects beneficial to the sport fish resources of the state as a public enterprise; and authorizing the issuance of revenue bonds to finance those projects." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 147(RLS) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Coghill, Rokeberg No recommendation (2): Kohring, Harris The following fiscal note(s) apply to HCS CSSB 147(RLS): 5. Fiscal, Dept. of Fish & Game CSSB 147(FIN) was returned to the Rules Committee for placement on the calendar. SB 154 The Finance Committee has considered: 2005-05-06 House Journal Page 1656 CS FOR SENATE BILL NO. 154(JUD) "An Act relating to the jurisdiction for proceedings relating to delinquent minors and to telephonic and televised participation in those proceedings; amending Rules 2, 3, 4, 8, 12, 13, 14, 15, 16, 21, 22, 23, 24.1, and 25, Alaska Delinquency Rules; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 154(JUD) (same title) The report was signed by Representative Chenault, Co-chair, with the following individual recommendations: Do pass (8): Hawker, Croft, Stoltze, Moses, Holm, Weyhrauch, Foster, Chenault The following fiscal note(s) apply to HCS CSSB 154(JUD): 1. Indeterminate, Dept. of Administration 2. Zero, Dept. of Law 3. Zero, Dept. of Health & Social Services 5. Indeterminate, Dept. of Administration CSSB 154(JUD) was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - 60 Years of Service in the Priesthood, Father Hugh Hall By Representative LeDoux; Senator Gary Stevens Honoring - Top of the World Chorus By Representative Gardner 2005-05-06 House Journal Page 1657 Honoring - Skagway Panthers Girls Basketball Team By Representative Thomas; Senator Kookesh Honoring - James L. Baldwin By Senator Elton; Representatives Kerttula, Weyhrauch Honoring - Nulato Lady Wolves Basketball Team By Senator Kookesh Honoring - Bristol Bay 2A Girls Basketball Team, Bristol Bay Borough By Senator Hoffman In Memoriam - Eric Otto Sonneman By Representatives Kerttula, Weyhrauch; Senator Elton In Memoriam - Frank 'Dutch' Behrends By Representatives Weyhrauch, Kerttula; Senator Elton In Memoriam - Donald James Arndt By Representative LeDoux; Senator Gary Stevens In Memoriam - Dora Dushkin By Representative Moses In Memoriam - Mark Hiratsuka By Representative Moses In Memoriam - The Very Rev. Peter Bourdukofsky By Representative Moses INTRODUCTION, FIRST READING, AND REFERENCE OF HOUSE BILLS HB 303 HOUSE BILL NO. 303 by Representative Wilson, entitled: "An Act expanding reimbursable waiver services under Medicaid waivers for older Alaskans and adults with physical disabilities to 2005-05-06 House Journal Page 1658 include adult companion services; and relating to legislative intent concerning eligibility and coverage for personal care attendant services." was read the first time and referred to the Health, Education & Social Services and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 106 The following was read the second time: HOUSE BILL NO. 106 "An Act establishing the senior care program and relating to that program; creating a fund for the provision of the senior care program; repealing ch. 3, SLA 2004; and providing for an effective date." with the: Journal Page HES RPT CS(HES) 3DP 2NR 288 FN1: (HSS) 288 FN2: (HSS) 288 FN3: (HSS) 288 FN4: (HSS) 288 FIN RPT CS(FIN) 1DP 6NR 1607 FN5: (HSS) 1608 FN6: (HSS) 1608 FN7: (HSS) 1608 FN8: (HSS) 1608 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 106(FIN) (same title) 2005-05-06 House Journal Page 1659 There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 106(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 106(FIN) was read the third time. **The presence of Representative Kapsner was noted. The question being: "Shall CSHB 106(FIN) pass the House?" The roll was taken with the following result: CSHB 106(FIN) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, LeDoux, Lynn, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Absent: Kott, McGuire And so, CSHB 106(FIN) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 106(FIN) was referred to the Chief Clerk for engrossment. RECONSIDERATION SB 67 Representative Kelly brought up reconsideration of the vote on HCS CSSB 67 (FIN) am H (page 1624). 2005-05-06 House Journal Page 1660 The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 67(FIN) am H "An Act relating to claims for personal injury or wrongful death against health care providers." Representative Kelly placed a call of the House on the bill. The Speaker stated the call was satisfied. Representative Gatto moved and asked unanimous consent that HCS CSSB 67(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 8. There being no objection, it was so ordered. Amendment No. 8 was offered by Representative Gatto: Page 2, line 5: Delete "Except as provided in (e) of this section, the" Insert "The" Page 2, line 7: Delete "single injury may not exceed $250,000" Insert "single injury or death may not exceed $350,000" Page 2, lines 10 - 16: Delete all material. Reletter the following subsections accordingly. Representative Gatto moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: 2005-05-06 House Journal Page 1661 HCS CSSB 67(FIN) am H--RECONSIDERATION Second Reading Amendment No. 8 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Croft, Dahlstrom, Gara, Gardner, Gatto, Joule, Kapsner, Kott, LeDoux, Lynn, Salmon, Seaton, Weyhrauch Nays: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Elkins, Foster, Gruenberg, Guttenberg, Harris, Hawker, Holm, Kelly, Kerttula, Kohring, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson And so, Amendment No. 8 was not adopted. Representative Dahlstrom moved and asked unanimous consent that HCS CSSB 67(FIN) am H be returned to second reading for the specific purpose of rescinding previous action in failing to adopt Amendment No. 1 (page 1617). There being no objection, it was so ordered. Representative Dahlstrom moved and asked unanimous consent that the House rescind previous action in failing to adopt Amendment No. 1. Representative Kelly objected. The question being: "Shall the House rescind previous action in failing to adopt Amendment No. 1?" The roll was taken with the following result: HCS CSSB 67(FIN) am H--RECONSIDERATION Second Reading Rescind Previous Action/Amendment No. 1 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, Salmon, Seaton, Weyhrauch 2005-05-06 House Journal Page 1662 Nays: Anderson, Chenault, Coghill, Elkins, Foster, Harris, Hawker, Holm, Kelly, Kohring, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson And so, the motion failed. Representative LeDoux moved and asked unanimous consent that HCS CSSB 67(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 9. There being no objection, it was so ordered. Amendment No. 9 was offered by Representatives LeDoux, Lynn, and Gruenberg: Page 2, following line 30: Insert a new bill section to read: "* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to read: REPORT TO THE LEGISLATURE. The Division of Insurance shall issue a report to the legislature that addresses the impact of this Act on medical malpractice insurance availability and affordability not later than December 1, 2009." Renumber the following bill sections accordingly. Representative LeDoux moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: HCS CSSB 67(FIN) am H--RECONSIDERATION Second Reading Amendment No. 9 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 2005-05-06 House Journal Page 1663 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, Salmon, Seaton, Weyhrauch Nays: Anderson, Chenault, Coghill, Elkins, Foster, Hawker, Holm, Kelly, Kohring, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson And so, Amendment No. 9 was not adopted. Representative Coghill moved and asked unanimous consent that Representatives Joule and Weyhrauch be excused to 1:00 p.m., today. There being no objection, it was so ordered. Representative Berkowitz moved and asked unanimous consent that HCS CSSB 67(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 10. There being no objection, it was so ordered. Amendment No. 10 was offered by Representative Berkowitz: Page 2, following line 30: Insert a new subsection read: "(h) The provisions of this bill shall sunset on January 1, 2010, unless the Alaska Division of Insurance determines this legislation has made medical malpractice insurance more affordable, or more widely available. The Division shall prepare a report addressing these issues by December 1, 2010, and that report shall address and answer each of the following questions: (1) Have any of the provisions of Senate Bill 67 had an impact making medical malpractice insurance more affordable than it would have been without this legislation? (2) Have any of the provisions of Senate Bill 67 had an impact making medical malpractice insurance more widely available than it would have been without this legislation?" Reletter the following subsections accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 10 be adopted. 2005-05-06 House Journal Page 1664 Representative Kelly objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: HCS CSSB 67(FIN) am H--RECONSIDERATION Second Reading Amendment No. 10 YEAS: 16 NAYS: 22 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Kapsner, Kerttula, LeDoux, Lynn, Salmon, Seaton Nays: Anderson, Chenault, Coghill, Elkins, Foster, Harris, Hawker, Holm, Kelly, Kohring, Kott, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson Excused: Joule, Weyhrauch And so, Amendment No. 10 was not adopted. HCS CSSB 67(FIN) am H was automatically in third reading. The question to be reconsidered: "Shall HCS CSSB 67 (FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 67(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 22 NAYS: 16 EXCUSED: 2 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris, Hawker, Holm, Kelly, Kohring, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Kapsner, Kerttula, Kott, LeDoux, Lynn, Salmon, Seaton 2005-05-06 House Journal Page 1665 Excused: Joule, Weyhrauch And so, HCS CSSB 67 (FIN) am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment. The Speaker stated that, without objection, the House would recess to 2:00 p.m.; and so, the House recessed at 12:06 p.m. AFTER RECESS The Speaker called the House back to order at 3:03 p.m. **The presence of Representative Weyhrauch, who was excused (page 1663), was noted. RECONSIDERATION SB 141 Representative Kelly brought up reconsideration of the vote on HCS CSSB 141(FIN) am H (fld H)(page 1625). The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H "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 2005-05-06 House Journal Page 1666 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." Representative Kelly placed a call of the House on the bill. **The presence of Representative Joule, who was excused (page 1663), was noted. The call was satisfied. Representative Weyhrauch moved and asked unanimous consent that HCS CSSB 141(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 13. There being no objection, it was so ordered. Amendment No. 13 was offered by Representative Weyhrauch: Page 5, line 21: Delete "Teachers First Hired before July 1, 2005" Insert "Teachers' Defined Benefit Retirement Plan" Page 5, line 23, following "July 1, 2005": Insert "or members first hired on or after July 1, 2005, who choose under AS 14.25.315 to participate in the defined benefit plan" Page 6, line 14, following "14.25.220": Insert "unless they choose to do so under AS 14.25.315" Page 15, line 13, following "July 1, 2005,": Insert "who fail to choose under AS 14.25.315 to participate in the defined benefit plan" Page 15, following line 14: Insert new material to read: "Sec. 14.25.315. Retirement plan choice. (a) A teacher who is first hired on or after July 1, 2005, may participate either in the defined benefits plan established in AS 14.25.009 - 14.25.220 or the defined contribution plan established in AS 14.25.310 - 2005-05-06 House Journal Page 1667 14.25.590. The teacher may make a choice between the available retirement plans within 30 days after the date of employment, on a form provided by the administrator. If the teacher fails to make a timely choice under this section, the provisions of AS 14.25.310 - 14.25.590 shall apply to the teacher during the period of employment. (b) After the 31st day of employment, the teacher may not change from one retirement plan to another. The retirement plan determined to apply on the 31st day of employment shall be considered to apply beginning on the first day the teacher is employed and the day the retirement plan is determined. (c) A teacher who terminates employment and is later rehired by an employer may again exercise the option provided in this section only if, on the date of reemployment, the option in this section is available to all teachers first hired at the time the teacher is rehired. (d) The administrator shall notify the employer of a teacher as soon as possible regarding the retirement plan applicable to that teacher, and the employer shall make the appropriate teacher and employer contributions required by the applicable retirement plan for that teacher." Page 15, line 30, following "July 1, 2005,": Insert "and fails under AS 14.25.315 to choose to participate in the defined benefit retirement plan" Page 67, line 27: Delete "Public Employees First Hired before July 1, 2005" Insert "Public Employees' Defined Benefit Retirement Plan" Page 67, lines 28 - 29: Delete "to employees first hired before July 1, 2005" Page 67, line 30, following "July 1, 2005": Insert "or members first hired on or after July 1, 2005, who choose under AS 39.35.705 to participate in the defined benefit plan" Page 84, line 29, following "July 1, 2005": Insert ", who fail to choose to participate in the defined benefit plan under AS 39.35.705" 2005-05-06 House Journal Page 1668 Page 84, following line 30: Insert new material to read: "Sec. 39.35.705. Retirement plan choice. (a) An employee who is first hired on or after July 1, 2005, may choose to participate either in the defined benefits plan established in AS 39.35.095 - 39.35.680 or the defined contribution plan established in AS 39.35.700 - 39.35.990. The employee may make a choice between the available retirement plans within 30 days after the date of employment, on a form provided by the administrator. If the employee fails to make a timely choice under this section, the provisions of AS 39.35.700 - 39.35.990 shall apply to the employee during the period of employment. (b) After the 31st day of employment, the employee may not change from one retirement plan to another. The retirement plan determined to apply on the 31st day of employment shall be considered to apply beginning on the first day the employee is employed and the day the retirement plan is determined. (c) A employee who terminates employment and is later rehired may again exercise the option provided in this section only if, at the time of rehire, the option in this section is available to all employees first hired at the time the employee is rehired. (d) The administrator shall notify the employer of a employee as soon as possible regarding the retirement plan applicable to that employee, and the employer shall make the appropriate employee and employer contributions required by the applicable retirement plan for that employee." Page 85, line 18, following "July 1, 2005,": Insert "and fails under AS 39.35.705 to choose to participate in the defined benefit retirement plan" Representative Weyhrauch moved and asked unanimous consent that Amendment No. 13 be adopted. Representative Seaton objected. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: 2005-05-06 House Journal Page 1669 HCS CSSB 141(FIN) am H--RECONSIDERATION Second Reading Amendment No. 13 YEAS: 21 NAYS: 19 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kerttula, Kott, LeDoux, Lynn, Salmon, Weyhrauch Nays: Chenault, Coghill, Foster, Gatto, Kapsner, Kelly, Kohring, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Wilson And so, Amendment No. 13 was adopted. Representative Seaton moved and asked unanimous consent that HCS CSSB 141(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 14. There being no objection, it was so ordered. Amendment No. 14 was offered by Representative Seaton: Page 86, line 11: Delete "2.5" Insert "2.8" Page 86, line 13, following "insurance": Insert "and death and disability benefits" Representative Seaton moved and asked unanimous consent that Amendment No. 14 be adopted. There was objection. Representative Seaton moved and asked unanimous consent to withdraw Amendment No. 14. There being no objection, it was so ordered. 2005-05-06 House Journal Page 1670 Representative Kelly moved and asked unanimous consent that HCS CSSB 141(FIN) am H be returned to second reading for the specific purpose of rescinding previous action in adopting Amendment No. 13. Objection was heard and withdrawn. There being no further objection, HCS CSSB 141(FIN) am H was returned to second reading. Representative Kelly moved and asked unanimous consent that the House rescind previous action in adopting Amendment No. 13. Representative Croft objected. The question being: "Shall the House rescind previous action in adopting Amendment No. 13?" The roll was taken with the following result: HCS CSSB 141(FIN) am H--RECONSIDERATION Second Reading Rescind Previous Action/Amendment No. 13 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Chenault, Coghill, Elkins, Foster, Gatto, Holm, Kapsner, Kelly, Kohring, McGuire, Meyer, Moses, Neuman, Olson, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Wilson Nays: Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Harris, Hawker, Joule, Kerttula, Kott, LeDoux, Lynn, Ramras, Salmon, Weyhrauch Moses changed from "Nay" to "Yea". And so, the motion failed. Representative Kerttula moved and asked unanimous consent that HCS CSSB 141(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 15. There being no objection, it was so ordered. Amendment No. 15 was offered by Representatives Kerttula, Gruenberg, and Cissna: 2005-05-06 House Journal Page 1671 Page 79, lines 2 - 11: Delete all material. Renumber the following bill sections accordingly. Representative Kerttula moved and asked unanimous consent that Amendment No. 15 be adopted. There was objection. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: HCS CSSB 141(FIN) am H--RECONSIDERATION Second Reading Amendment No. 15 YEAS: 25 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, McGuire, Salmon, Seaton, Weyhrauch, Wilson Nays: Chenault, Elkins, Foster, Harris, Kelly, Kohring, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas And so, Amendment No. 15 was adopted. HCS CSSB 141(FIN) am H was automatically in third reading. The question to be reconsidered: "Shall HCS CSSB 141(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 141(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 24 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Harris, Holm, Kelly, Kohring, Kott, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson 2005-05-06 House Journal Page 1672 Nays: Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Joule, Kapsner, Kerttula, LeDoux, Lynn, Salmon And so, HCS CSSB 141(FIN) am H passed the House on reconsideration. Representative Coghill moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HCS CSSB 141(FIN) am H--RECONSIDERATION Third Reading Effective Date YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Anderson, Chenault, Coghill, Croft, Elkins, Foster, Gatto, Harris, Hawker, Holm, Kapsner, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Nays: Berkowitz, Cissna, Crawford, Dahlstrom, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kerttula, Salmon And so, the effective date clause was adopted. HCS CSSB 141(FIN) am H was referred to the Chief Clerk for engrossment. Representative Gatto moved and asked unanimous consent that the House revert to Introduction of Guests. Representative Berkowitz objected and withdrew the objection. There being no further objection, the House reverted to Introduction of Guests. 2005-05-06 House Journal Page 1673 SECOND READING OF HOUSE BILLS (continued) HB 243 The following was read the second time: HOUSE BILL NO. 243 "An Act relating to the maximum annual regulatory cost charge collected from certain regulated public utilities and pipeline carriers; and providing for an effective date." with the: Journal Page L&C RPT 1DP 4NR 1101 FN1: (CED) 1102 FIN RPT CS(FIN) NT 3DP 6NR 1578 FN2: INDETERMINATE(CED) 1578 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 243(FIN) "An Act relating to the financial plan for the intertie between the Swan Lake and Tyee Lake hydroelectric projects; and providing for an effective date." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that CSHB 243(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 243(FIN) was read the third time. The question being: "Shall CSHB 243(FIN) pass the House?" The roll was taken with the following result: 2005-05-06 House Journal Page 1674 CSHB 243(FIN) Third Reading Final Passage YEAS: 34 NAYS: 2 EXCUSED: 0 ABSENT: 4 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Samuels, Seaton, Stoltze, Weyhrauch, Wilson Nays: Kohring, Rokeberg Absent: Croft, Guttenberg, Salmon, Thomas And so, CSHB 243(FIN) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 243(FIN) was referred to the Chief Clerk for engrossment. HB 280 The Speaker stated that, without objection, the following would be returned to the Rules Committee: HOUSE BILL NO. 280 "An Act relating to the taxation of mining property; relating to contracts approved by municipalities for payments in lieu of taxes; and providing for an effective date." SECOND READING OF SENATE BILLS SB 16 The following was read the second time: 2005-05-06 House Journal Page 1675 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 16(TRA) "An Act relating to the powers and duties of the Department of Transportation and Public Facilities; repealing the requirement for a long-range program for highway construction and maintenance; and repealing a requirement that public facilities comply with energy standards adopted by the Department of Transportation and Public Facilities; and providing for an effective date." with the: Journal Page FIN RPT 4DP 3NR 1432 FN1: ZERO(DOT) 1433 FN2: ZERO(DPS) 1433 Representative Coghill moved and asked unanimous consent that CSSSSB 16(TRA) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSSSSB 16(TRA) will advance to third reading on tomorrow's calendar. SB 101 The following was read the second time: CS FOR SENATE BILL NO. 101(JUD) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." with the: Journal Page JUD RPT HCS(JUD) 5DP 1503 FN1: ZERO(GOV/ALL DEPTS) 1503 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2005-05-06 House Journal Page 1676 HOUSE CS FOR CS FOR SENATE BILL NO. 101(JUD) (same title) There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS CSSB 101(JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 101(JUD) was read the third time. The question being: "Shall HCS CSSB 101(JUD) pass the House?" The roll was taken with the following result: HCS CSSB 101(JUD) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 0 ABSENT: 6 Yeas: Anderson, Berkowitz, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Absent: Chenault, Gara, Gardner, Kapsner, McGuire, Meyer And so, HCS CSSB 101(JUD) passed the House. Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Berkowitz gave notice of reconsideration of the vote on HCS CSSB 101(JUD). 2005-05-06 House Journal Page 1677 SB 140 The following was read the second time: CS FOR SENATE BILL NO. 140(JUD) "An Act relating to spyware and unsolicited Internet advertising." with the: Journal Page L&C RPT 2DP 5NR 1282 FN1: ZERO(ADM) 1282 FN2: ZERO(LAW) 1282 FN3: ZERO(DPS) 1282 JUD RPT 6DP 1NR 1325 FN1: ZERO(ADM) 1326 FN2: ZERO(LAW) 1326 FN3: ZERO(DPS) 1326 RLS RPT HCS(RLS) NT 7DP 1505 TITLE CHANGE: HCR 17 1505 FN1: ZERO(ADM) 1505 FN2: ZERO(LAW) 1505 FN3: ZERO(DPS) 1505 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 140(RLS) "An Act relating to computers, computer communications, and the Internet." There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS CSSB 140(RLS) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. HCS CSSB 140(RLS) was read the third time. The question being: "Shall HCS CSSB 140(RLS) pass the House?" The roll was taken with the following result: 2005-05-06 House Journal Page 1678 HCS CSSB 140(RLS) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, Meyer, Moses, Neuman, Olson, Ramras, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson Absent: Croft, McGuire, Rokeberg And so, HCS CSSB 140(RLS) passed the House and was referred to the Chief Clerk for engrossment. The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES SB 130 The Judiciary Committee has considered: 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; 2005-05-06 House Journal Page 1679 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 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 recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 130(JUD) "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." (pending title change resolution) The report was signed by Representative McGuire, Chair, with the following individual recommendations: 2005-05-06 House Journal Page 1680 Do pass (3): Kott, Coghill, Gara No recommendation (3): Gruenberg, Dahlstrom, McGuire Amend (1): Anderson The following fiscal note(s) apply to HCS CSSB 130(JUD): 5. Zero, Alaska Court System 7. Zero, Dept. of Commerce, Community, & Economic Development 9. Zero, Legislative Agency 10. Fiscal, Dept. of Labor & Workforce Development 11. Fiscal, Dept. of Law 12. Fiscal, Dept. of Law 13. Fiscal, Dept. of Law CSSB 130(FIN) am was referred to the Finance Committee. SB 135 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 135(JUD)(efd am) "An Act relating to the crimes of assault and custodial interference; and providing for an effective date." The report was signed by Representative McGuire, Chair, with the following individual recommendations: Do pass (5): Gruenberg, Anderson, Dahlstrom, Coghill, McGuire No recommendation (1): Kott Amend (1): Gara The following fiscal note(s) apply: 1. Zero, Dept. of Administration 2. Zero, Alaska Court System 3. Zero, Dept. of Law 2005-05-06 House Journal Page 1681 CSSB 135(JUD)(efd am) was referred to the Finance Committee. The House advanced to: SECOND READING OF SENATE BILLS (continued) SB 155 The following was read the second time: CS FOR SENATE BILL NO. 155(FIN) "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." with the: Journal Page FIN RPT HCS(FIN) NT 5DP 3NR 1AM 1542 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 155(FIN) "An Act making appropriations 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." (pending title change resolution) 2005-05-06 House Journal Page 1682 There being no objection, it was so ordered. Representative Coghill moved and asked unanimous consent that HCS CSSB 155(FIN) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS CSSB 155(FIN) will advance to third reading on tomorrow's calendar. THIRD READING OF HOUSE BILLS HB 107 The following, which was advanced to third reading from the May 5, 2005, calendar (page 1609), was read the third time: CS FOR HOUSE BILL NO. 107(FIN) "An Act relating to unlawful obstruction or hindrance of hunting, fishing, trapping, or viewing of fish or game; and amending Rule 82, Alaska Rules of Civil Procedure, and Rule 508, Alaska Rules of Appellate Procedure." The question being: "Shall CSHB 107(FIN) pass the House?" The roll was taken with the following result: CSHB 107(FIN) Third Reading Final Passage YEAS: 31 NAYS: 5 EXCUSED: 0 ABSENT: 4 Yeas: Anderson, Berkowitz, Chenault, Crawford, Dahlstrom, Elkins, Foster, Gatto, Gruenberg, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Nays: Cissna, Coghill, Gara, Guttenberg, Kerttula Absent: Croft, Gardner, LeDoux, Seaton And so, CSHB 107(FIN) passed the House. 2005-05-06 House Journal Page 1683 Representative Coghill moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. Representative Berkowitz objected. The question being: "Shall the court rule changes be adopted?" The roll was taken with the following result: CSHB 107(FIN) Third Reading Court Rules YEAS: 29 NAYS: 6 EXCUSED: 0 ABSENT: 5 Yeas: Anderson, Berkowitz, Chenault, Crawford, Dahlstrom, Elkins, Gatto, Harris, Hawker, Holm, Joule, Kapsner, Kelly, Kohring, Kott, Lynn, McGuire, Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Nays: Cissna, Coghill, Gara, Gruenberg, Guttenberg, Kerttula Absent: Croft, Foster, Gardner, LeDoux, Seaton And so, the court rule changes were adopted. Representative Berkowitz gave notice of reconsideration of the vote on CSHB 107(FIN). The Speaker stated that, without objection, the House would recess to 7:00 p.m.; and so, the House recessed at 6:06 p.m. AFTER RECESS The Speaker called the House back to order at 7:45 p.m. The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES SB 130 The Finance Committee has considered: 2005-05-06 House Journal Page 1684 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 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 2005-05-06 House Journal Page 1685 Force on Workers' Compensation; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 130(JUD) "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." (pending title change resolution) The report was signed by Representative Meyer, Co-chair, with the following individual recommendations: No recommendation (9): Hawker, Holm, Foster, Stoltze, Croft, Weyhrauch, Joule, Moses, Meyer The following fiscal note(s) apply to HCS CSSB 130(JUD): 5. Zero, Alaska Court System 7. Zero, Dept. of Commerce, Community, & Economic Development 9. Zero, Legislative Agency 10. Fiscal, Dept. of Labor & Workforce Development 11. Fiscal, Dept. of Law 12. Fiscal, Dept. of Law 13. Fiscal, Dept. of Law CSSB 130(FIN) am was referred to the Rules Committee for placement on the calendar. SB 142 The Finance Committee has considered: CS FOR SENATE BILL NO. 142(L&C) "An Act relating to ownership of land by regional school boards; and providing for an effective date." 2005-05-06 House Journal Page 1686 The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (1): Foster No recommendation (9): Hawker, Holm, Stoltze, Moses, Weyhrauch, Joule, Croft, Meyer, Chenault The following fiscal note(s) apply: 1. Zero, Dept. of Education & Early Development 2. Zero, Dept. of Transportation & Public Facilities CSSB 142(L&C) was referred to the Rules Committee for placement on the calendar. SB 144 The Finance Committee has considered: CS FOR SENATE BILL NO. 144(RES) "An Act relating to regulations, definitions, and permits under the emission control permit program; and providing for an effective date." The report was signed by Representative Chenault, Co-chair, with the following individual recommendations: Do pass (2): Foster, Chenault No recommendation (6): Hawker, Croft, Stoltze, Weyhrauch, Joule, Moses The following fiscal note(s) apply: 1. Zero, Dept. of Environmental Conservation CSSB 144(RES) was referred to the Rules Committee for placement on the calendar. 2005-05-06 House Journal Page 1687 SB 150 The Finance Committee has considered: CS FOR SENATE BILL NO. 150(HES) "An Act relating to the Alaska children's trust grant awards." The report was signed by Representatives Meyer and Chenault, Co- chairs, with the following individual recommendations: Do pass (4): Croft, Weyhrauch, Moses, Foster No recommendation (5): Hawker, Holm, Stoltze, Meyer, Chenault The following fiscal note(s) apply: 1. Zero, Dept. of Health & Social Services CSSB 150(HES) was referred to the Rules Committee for placement on the calendar. CONSIDERATION OF THE DAILY CALENDAR (continued) THIRD READING OF SENATE BILLS SB 36 Representative Coghill moved and asked unanimous consent that the following, which was advanced to third reading from the May 5, 2005, calendar (page 1612), be held to tomorrow's calendar: HOUSE CS FOR CS FOR SENATE BILL NO. 36(JUD) am "An Act relating to absentee ballots." There being no objection, it was so ordered. 2005-05-06 House Journal Page 1688 SECOND READING OF HOUSE RESOLUTIONS HCR 16 Representative Coghill moved and asked unanimous consent that the following, which was held to today's calendar (page 1627), be held to tomorrow's calendar: HOUSE CONCURRENT RESOLUTION NO. 16 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 141, 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. There being no objection, it was so ordered. HCR 17 Representative Coghill moved and asked unanimous consent that the following be held to tomorrow's calendar: HOUSE CONCURRENT RESOLUTION NO. 17 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 140, relating to computers and the Internet. 2005-05-06 House Journal Page 1689 There being no objection, it was so ordered. THIRD READING OF SENATE RESOLUTIONS SJR 16 Representative Coghill moved and asked unanimous consent that the following, which was advanced to third reading from the May 5, 2005, calendar (page 1630), be held to tomorrow's calendar: SENATE JOINT RESOLUTION NO. 16 Supporting legislation before the United States Congress that reaffirms the right of the states to regulate hunting and fishing. There being no objection, it was so ordered. LEGISLATIVE CITATIONS Representative Coghill moved and asked unanimous consent that the following citations be held to tomorrow's calendar. There being no objection, it was so ordered. Honoring - Noel W. Woods, 60 Years in Alaska By Representatives Kohring, Gatto, Neuman, Stoltze, Harris, Anderson, Berkowitz, Chenault, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson; Senators Green, Huggins Honoring - David J. Parks By Representatives Gatto, Stoltze, Neuman, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Thomas, Weyhrauch, Wilson; Senators Green, Huggins 2005-05-06 House Journal Page 1690 Honoring - Barbara Hall By Representatives Ramras, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kelly, Kerttula, Kohring, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson In Memoriam - Robert "Bobby" Storrs By Representatives Seaton, Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Stoltze, Thomas, Weyhrauch, Wilson; Senator Hoffman In Memoriam - Donald Alton Stump By Senator Dyson; Representatives Harris, Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford, Croft, Dahlstrom, Elkins, Foster, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Hawker, Holm, Joule, Kapsner, Kerttula, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Salmon, Samuels, Seaton, Stoltze, Thomas, Weyhrauch, Wilson UNFINISHED BUSINESS HJR 17 The Speaker stated that, without objection, reconsideration (page 1627) of the following be held one legislative day: CS FOR HOUSE JOINT RESOLUTION NO. 17(RES) Opposing the Federal Lands Recreation Enhancement Act. HB 272 The Speaker stated that, without objection, reconsideration of the following, which had been held to today (page 1629), be held to May 7, 2005: 2005-05-06 House Journal Page 1691 CS FOR HOUSE BILL NO. 272(FIN) am "An Act relating to card rooms and card operations, and permitting issuance of a license to own a card room and conduct card games in a municipality of the state if the municipality has adopted an ordinance, ratified by a majority of the municipal voters voting on the question, authorizing card rooms and card games in that municipality." HB 107 Representative Neuman added his name as cosponsor to: CS FOR HOUSE BILL NO. 107(FIN) "An Act relating to unlawful obstruction or hindrance of hunting, fishing, trapping, or viewing of fish or game; and amending Rule 82, Alaska Rules of Civil Procedure, and Rule 508, Alaska Rules of Appellate Procedure." SB 135 Representative Dahlstrom added her name as cross sponsor to: CS FOR SENATE BILL NO. 135(JUD)(efd am) "An Act relating to the crimes of assault and custodial interference; and providing for an effective date." SB 154 Representatives Chenault, Holm, Stoltze, and Croft added their names as cross sponsors to: CS FOR SENATE BILL NO. 154(JUD) "An Act relating to the jurisdiction for proceedings relating to delinquent minors and to telephonic and televised participation in those proceedings; amending Rules 2, 3, 4, 8, 12, 13, 14, 15, 16, 21, 22, 23, 24.1, and 25, Alaska Delinquency Rules; and providing for an effective date." SB 155 Representative Thomas removed his name as cross sponsor to: 2005-05-06 House Journal Page 1692 HOUSE CS FOR CS FOR SENATE BILL NO. 155(FIN) "An Act making appropriations 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." ENGROSSMENT HB 106 CSHB 106(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 243 CSHB 243(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 67 HCS CSSB 67(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 140 HCS CSSB 140(RLS) was engrossed and signed by the Speaker and Chief Clerk. SB 141 HCS CSSB 141(FIN) am H was engrossed. ANNOUNCEMENTS With the appointment of a Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules is in effect as of April 19, 2005. Submit written notice of a meeting by 4:00 p.m. to the Chief Clerk's office for publication in the next day's committee schedule. House committee schedules are published daily under separate cover. 2005-05-06 House Journal Page 1693 ADJOURNMENT Representative Coghill moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 7, 2005. There being no objection, the House adjourned at 7:50 p.m. Suzi Lowell Chief Clerk