Legislature(2005 - 2006)

2005-05-17 House Journal

Full Journal pdf

2005-05-17                     House Journal                      Page 2039
                                                                                                    
                              HOUSE JOURNAL                                                      
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
                        TWENTY-FOURTH LEGISLATURE                                                
                                                                                                    
                          FIRST SPECIAL SESSION                                                  
                                                                                                    
Juneau, Alaska                   Tuesday                   May 17, 2005                           
                                                                                                    
                               Seventh Day                                                     
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 10:10 a.m.                                                                                
                                                                                                    
Roll call showed 32 members present.  Representatives Chenault,                                     
Croft, Gruenberg, Meyer, Moses, Ramras, Rokeberg, and Weyhrauch                                     
were absent and their presence was noted later.                                                     
                                                                                                    
The invocation was offered by the Chaplain, Representative Wilson.                                  
Representative Stoltze moved and asked unanimous consent that the                                   
invocation be spread on the journal.  There being no objection, it was                              
so ordered.                                                                                         
                                                                                                    
    Dear Heavenly Father:                                                                           
                                                                                                    
    We just thank You for this body.  We ask You to be with us                                      
    as we go through our deliberations.  Give us wisdom,                                            
    knowledge, understanding, and discernment so that we will do                                    
    what is best for this state.  Guide and direct us all.  Help keep                               
    our thoughts in ways that are good for our fellow man, and                                      
    help us to have patience with each other.  We just ask that                                     
    You bless us all.  In Jesus' name, Amen.                                                        
                                                                                                    
The Pledge of Allegiance was led by Representative Gatto.                                           
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 5th and 6th legislative days of the First Special Session                           

2005-05-17                     House Journal                      Page 2040
be approved as certified by the Chief Clerk.  There being no objection,                             
it was so ordered.                                                                                  
                                                                                                    
The Speaker stated that, without objection, the House would recess to                               
a call of the Chair; and so, the House recessed at 10:12 a.m.                                       
                                                                                                    
                                                                                                    
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 6:31 p.m.                                             
                                                                                                    
**The presence of Representatives Meyer, Ramras, Gruenberg,                                         
Weyhrauch, and Chenault was noted.                                                                  
                                                                                                    
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
Messages dated May 17, 2005, were read stating the Senate has passed                                
the following and they are transmitted for consideration:                                           
                                                                                                    
                                                                                                    
                       FIRST READING AND REFERENCE                                               
                             OF SENATE BILLS                                                     
                                                                                                    
SB 46                                                                                             
2d CS FOR SENATE BILL NO. 46(2d FIN) am by the Senate                                               
Finance Committee, entitled:                                                                        
                                                                                                    
    "An Act making appropriations, including capital appropriations;                                
    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."                                                           
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
                                                                                                    
SB 97                                                                                             
CS FOR SENATE BILL NO. 97(FIN) am by the Senate Finance                                             
Committee, entitled:                                                                                
                                                                                                    

2005-05-17                     House Journal                      Page 2041
    "An Act making supplemental, capital, and other appropriations,                                 
    and reappropriations; amending appropriations; making                                           
    appropriations to capitalize funds; making an appropriation under                               
    art. IX, sec. 17(c), Constitution of the State of Alaska, from the                              
    constitutional budget reserve fund; and providing for an effective                              
    date."                                                                                          
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
SB 121                                                                                            
SENATE BILL NO. 121 by the Senate Rules Committee by request of                                     
the Governor, entitled:                                                                             
                                                                                                    
    "An Act establishing the State of Alaska Capital Corporation;                                   
    authorizing the issuance of bonds by the State of Alaska Capital                                
    Corporation to finance capital improvements in the state; and                                   
    providing for an effective date."                                                               
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
**The presence of Representatives Rokeberg and Croft was noted.                                     
                                                                                                    
                                                                                                    
SB 122                                                                                            
SENATE BILL NO. 122 by the Senate Rules Committee by request of                                     
the Governor, entitled:                                                                             
                                                                                                    
    "An Act establishing the Alaska capital income account within the                               
    Alaska permanent fund; relating to deposits into the account;                                   
    relating to certain transfers regarding the Amerada Hess                                        
    settlement to offset the effects of inflation on the Alaska                                     
    permanent fund; and providing for an effective date."                                           
                                                                                                    
was read the first time and referred to the Finance Committee.                                      
                                                                                                    
**The presence of Representative Moses was noted.                                                   
                                                                                                    
The Speaker stated that, without objection, the House would recess;                                 
and so, the House recessed at 6:36 p.m.                                                             
                                                                                                    

2005-05-17                     House Journal                      Page 2042
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 7:12 p.m.                                             
                                                                                                    
                           UNFINISHED BUSINESS                                                   
                                                                                                    
SB 130                                                                                            
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Conference Committee with limited powers of free                                 
conference report (page 1991) on the following, which is under                                      
Unfinished Business:                                                                                
                                                                                                    
    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."                                                                                
                                                                                                    
and                                                                                                 
                                                                                                    
    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                                 

2005-05-17                     House Journal                      Page 2043
    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."                                                                                          
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
Representative Coghill moved that the House adopt the Conference                                    
Committee with limited powers of free conference report, thus                                       
adopting CCS SB 130.                                                                                
                                                                                                    
Representative Kelly placed a call of the House.                                                    
                                                                                                    
The Speaker stated the call was satisfied.                                                          
                                                                                                    
The question being:  "Shall the House adopt the Conference                                          
Committee with limited powers of free conference report?"  The roll                                 
was taken with the following result:                                                                
                                                                                                    
CCS SB 130                                                                                          
Adopt                                                                                               
                                                                                                    
YEAS:  20   NAYS:  20   EXCUSED:  0   ABSENT:  0                                                  

2005-05-17                     House Journal                      Page 2044
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Foster, Gatto, Harris, Hawker,                                  
Holm, Kelly, Kohring, Meyer, Moses, Neuman, Olson, Ramras,                                          
Rokeberg, Samuels, Seaton, Stoltze, Thomas                                                          
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Elkins, Gara,                                 
Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kott,                                     
LeDoux, Lynn, McGuire, Salmon, Weyhrauch, Wilson                                                    
                                                                                                    
Salmon changed from "Yea" to "Nay".                                                                 
Gatto changed from "Nay" to "Yea".                                                                  
                                                                                                    
And so, the House failed to adopt the Conference Committee with                                     
limited powers of free conference report, thus failing to adopt:                                    
                                                                                                    
    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 Chief Clerk notified the Senate.                                                                
                                                                                                    
The Senate has adopted the Conference Committee with limited                                        
powers of free conference report (Senate journal page 1633).                                        
                                                                                                    
SB 141                                                                                            
The following, which was forthcoming (page 2008), was received                                      
May 14, 2005:                                                                                       
                                                                                                    
    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'                                           

2005-05-17                     House Journal                      Page 2045
    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."                                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House consider the Free Conference Committee report (page 2008) on                                  
the following, which is under Unfinished Business:                                                  
                                                                                                    
            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                                 
    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."                                                               
                                                                                                    
and                                                                                                 

2005-05-17                     House Journal                      Page 2046
    CS FOR SENATE BILL NO. 141(FIN)                                                                 
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative Coghill moved that the House adopt the Free                                          
Conference Committee report, thus adopting FCCS SB
141(Corrected).                                                                                     
                                                                                                    
                                                                                                    
The question being:  "Shall the House adopt the Free Conference                                     
Committee report?"  The roll was taken with the following result:                                   
                                                                                                    
FCCS SB 141(Corrected)                                                                              
Adopt                                                                                               
                                                                                                    
YEAS:  18   NAYS:  22   EXCUSED:  0   ABSENT:  0                                                  
                                                                                                    
Yeas:  Chenault, Coghill, Foster, Holm, Kapsner, Kelly, Kohring,                                    
Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton,                                     
Stoltze, Thomas, Wilson                                                                             
                                                                                                    
Nays:  Anderson, Berkowitz, Cissna, Crawford, Croft, Dahlstrom,                                     
Elkins, Gara, Gardner, Gatto, Gruenberg, Guttenberg, Harris, Hawker,                                
Joule, Kerttula, Kott, LeDoux, Lynn, McGuire, Salmon, Weyhrauch                                     
                                                                                                    
And so, the House failed to adopt the Free Conference Committee                                     
report, thus failing to adopt FCCS SB 141(Corrected).                                               
                                                                                                    
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
                                                                                                    
The Senate has adopted the Free Conference Committee report (Senate                                 
Journal page 1653).                                                                                 
                                                                                                    
                                                                                                    
                              ANNOUNCEMENTS                                                      
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    

2005-05-17                     House Journal                      Page 2047
                               ADJOURNMENT                                                       
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn until 10:00 a.m., May 18, 2005.  There being no                                       
objection, the House adjourned at 7:52 p.m.                                                         
                                                                                                    
                                             Suzi Lowell                                            
                                             Chief Clerk