Legislature(2005 - 2006)

2005-05-20 House Journal

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2005-05-20                     House Journal                      Page 2061
                                                                                                    
                             HOUSE JOURNAL                                                       
                                                                                                    
                        ALASKA STATE LEGISLATURE                                                 
                                                                                                    
                       TWENTY-FOURTH LEGISLATURE                                                 
                                                                                                    
                         FIRST SPECIAL SESSION                                                   
                                                                                                    
Juneau, Alaska                    Friday                  May 20, 2005                            
                                                                                                    
                               Tenth Day                                                       
                                                                                                    
                                                                                                    
                                                                                                    
Pursuant to adjournment the House was called to order by Speaker                                    
Harris at 11:50 a.m.                                                                                
                                                                                                    
Roll call showed 34 members present.  Representatives Croft and                                     
Kerttula were absent and their presence was noted later.                                            
Representatives Gara, Meyer, and Weyhrauch were absent.                                             
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
Representative Kapsner be excused from a call of the House today.                                   
There being no objection, it was so ordered.                                                        
                                                                                                    
The invocation was offered by the Chaplain, Representative McGuire.                                 
Representative Dahlstrom moved and asked unanimous consent that                                     
the invocation be spread on the journal.  There being no objection, it                              
was so ordered.                                                                                     
                                                                                                    
    With respect for all religious faiths on the floor here today, I                                
    offer this prayer.                                                                              
                                                                                                    
    First, heavenly Father, as we enter this workplace today, I ask                                 
    You to watch over each and every one of us.  I ask that we                                      
    speak Your peace and exhibit Your grace and mercy and                                           
    acknowledge Your power over all that will be spoken,                                            
    thought, decided, and done within these walls today.                                            
                                                                                                    
    Next, heavenly Father, I want to offer a special prayer for                                     
    those whom many of us know who are suffering with cancer                                        

2005-05-20                     House Journal                      Page 2062
    right now.  My little cousin who is 12-years-old was just                                       
    diagnosed with terminal brain cancer two days ago.  She is a                                    
    lovely, lovely young girl who has had a wonderful life, but it                                  
    is too short.  We know the member in the other body whose                                       
    wife is in her final days of struggling.  We know of members                                    
    on this floor who continue their fight.  Bless, O God, all those                                
    who struggle with cancer.  Empower them with hope for each                                      
    and every day.  Provide them with loving and tender care,                                       
    laughter, and the support of love.  Grant them courage when                                     
    they are afraid, comfort them when they are in pain, and Your                                   
    blessing when all else might seem hopeless to them, that in                                     
    their fight with illness they many continue to praise You and                                   
    glorify Your name.                                                                              
                                                                                                    
    For all these things I pray today.  Amen.                                                       
                                                                                                    
The Pledge of Allegiance was led by Representative Moses.                                           
                                                                                                    
                      CERTIFICATION OF THE JOURNAL                                               
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
journal for the 9th legislative day of the First Special Session be                                 
approved as certified by the Chief Clerk.  There being no objection, it                             
was so ordered.                                                                                     
                                                                                                    
                       MESSAGES FROM THE GOVERNOR                                                
                                                                                                    
HJR 6                                                                                             
A message dated May 19, 2005, was read stating the Governor has                                     
read the following resolution and has transmitted the engrossed and                                 
enrolled copies to the Lieutenant Governor's office for permanent                                   
filing:                                                                                             
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 6(FSH)                                                        
    Relating to the labeling of fish and shellfish to identify the country                          
    of origin and to distinguish between wild and farmed fish and                                   
    shellfish.                                                                                      
                                                                                                    
    Legislative Resolve No. 5                                                                       
                                                                                                    

2005-05-20                     House Journal                      Page 2063
HJR 8                                                                                             
A message dated May 19, 2005, was read stating the Governor has                                     
read the following resolution and has transmitted the engrossed and                                 
enrolled copies to the Lieutenant Governor's office for permanent                                   
filing:                                                                                             
                                                                                                    
    HOUSE JOINT RESOLUTION NO. 8                                                                    
    Expressing support of Alaska Army National Guard soldiers                                       
    deployed worldwide.                                                                             
                                                                                                    
    Legislative Resolve No. 9                                                                       
                                                                                                    
HJR 15                                                                                            
A message dated May 19, 2005, was read stating the Governor has                                     
read the following resolution and has transmitted the engrossed and                                 
enrolled copies to the Lieutenant Governor's office for permanent                                   
filing:                                                                                             
                                                                                                    
    CS FOR HOUSE JOINT RESOLUTION NO. 15(RES)                                                       
    Relating to open ocean aquaculture in the federal exclusive                                     
    economic zone.                                                                                  
                                                                                                    
    Legislative Resolve No. 10                                                                      
                                                                                                    
SJR 2                                                                                             
A message dated May 19, 2005, was read stating the Governor has                                     
read the following resolution and has transmitted the engrossed and                                 
enrolled copies to the Lieutenant Governor's office for permanent                                   
filing:                                                                                             
                                                                                                    
    SENATE JOINT RESOLUTION NO. 2 am H                                                              
    Urging the United States Congress to pass legislation to open the                               
    coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil                            
    and gas exploration, development, and production.                                               
                                                                                                    
    Legislative Resolve No. 2                                                                       
                                                                                                    
SJR 5                                                                                             
A message dated May 19, 2005, was read stating the Governor has                                     
read the following resolution and has transmitted the engrossed and                                 

2005-05-20                     House Journal                      Page 2064
enrolled copies to the Lieutenant Governor's office for permanent                                   
filing:                                                                                             
                                                                                                    
    HOUSE CS FOR SENATE JOINT RESOLUTION NO. 5(O&G)                                                 
    Urging the United States Congress to reauthorize the Methane                                    
    Hydrate Research and Development Act.                                                           
                                                                                                    
    Legislative Resolve No. 3                                                                       
                                                                                                    
SJR 6                                                                                             
A message dated May 19, 2005, was read stating the Governor has                                     
read the following resolution and has transmitted the engrossed and                                 
enrolled copies to the Lieutenant Governor's office for permanent                                   
filing:                                                                                             
                                                                                                    
    HOUSE CS FOR SENATE JOINT RESOLUTION NO. 6(FIN)                                                 
    am H                                                                                            
    Relating to a reduction in the Federal Medical Assistance                                       
    Percentage for Alaskans, and urging the United States Congress to                               
    take action to prevent the reduction.                                                           
                                                                                                    
    Legislative Resolve No. 8                                                                       
                                                                                                    
SJR 11                                                                                            
A message dated May 19, 2005, was read stating the Governor has                                     
read the following resolution and has transmitted the engrossed and                                 
enrolled copies to the Lieutenant Governor's office for permanent                                   
filing:                                                                                             
                                                                                                    
    SENATE JOINT RESOLUTION NO. 11                                                                  
    Urging the United States Congress to amend the tax code to repeal                               
    the federal excise tax on communications.                                                       
                                                                                                    
    Legislative Resolve No. 14                                                                      
                                                                                                    
SJR 16                                                                                            
A message dated May 19, 2005, was read stating the Governor has                                     
read the following resolution and has transmitted the engrossed and                                 
enrolled copies to the Lieutenant Governor's office for permanent                                   
filing:                                                                                             
                                                                                                    

2005-05-20                     House Journal                      Page 2065
    SENATE JOINT RESOLUTION NO. 16                                                                  
    Supporting legislation before the United States Congress that                                   
   reaffirms the right of the states to regulate hunting and fishing.                              
                                                                                                    
    Legislative Resolve No. 16                                                                      
                                                                                                    
                                                                                                    
SB 25                                                                                             
A message dated May 19, 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 BILL NO. 25                                                                              
    "An Act relating to labeling and identification of genetically                                  
    modified fish and fish products."                                                               
                                                                                                    
    Chapter No. 26, SLA 2005                                                                        
    Effective Date:  August 17, 2005                                                                
                                                                                                    
                                                                                                    
SB 143                                                                                            
A message dated May 19, 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. 143(STA)                                                                 
    "An Act amending the definition of the term 'state agencies' as it                              
    applies under Executive Order No. 113; relating to information                                  
    systems in the legislative branch and to the Telecommunications                                 
    Information Council; and providing for an effective date."                                      
                                                                                                    
    Chapter No. 25, SLA 2005                                                                        
    Effective Date:  May 20, 2005                                                                   
                                                                                                    
                        MESSAGES FROM THE SENATE                                                 
                                                                                                    
SB 130                                                                                            
A message dated May 19, 2005, was read stating the President                                        
appointed the following members to a Free Conference Committee:                                     
                                                                                                    

2005-05-20                     House Journal                      Page 2066
    Senator Therriault, Chair                                                                       
    Senator Huggins                                                                                 
    Senator French                                                                                  
                                                                                                    
to meet with a like committee from the House to consider the                                        
following bills:                                                                                    
                                                                                                    
    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                                 
    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'                                      

2005-05-20                     House Journal                      Page 2067
    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."                                                                                          
                                                                                                    
SB 141                                                                                            
A message dated May 19, 2005, was read stating the President                                        
appointed the following members to a 2d Free Conference Committee:                                  
                                                                                                    
    Senator Gary Stevens, Chair                                                                     
    Senator Ben Stevens                                                                             
    Senator Guess                                                                                   
                                                                                                    
to meet with a like committee from the House to consider the                                        
following bills:                                                                                    
                                                                                                    
           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                                        

2005-05-20                     House Journal                      Page 2068
    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                                                                                                 
                                                                                                    
    CS FOR SENATE BILL NO. 141(FIN)                                                                 
    (same title)                                                                                    
                                                                                                    
                                                                                                    
                     REPORTS OF SPECIAL COMMITTEES                                               
                                                                                                    
SB 130                                                                                            
The Speaker appointed the following members to a Free Conference                                    
Committee:                                                                                          
                                                                                                    
    Representative Rokeberg, Chair                                                                  
    Representative Anderson                                                                         
    Representative Croft                                                                            
                                                                                                    
to meet with a like committee from the Senate to consider the                                       
following bills:                                                                                    
                                                                                                    
    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                                                                                                 
                                                                                                    

2005-05-20                     House Journal                      Page 2069
    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                                 

2005-05-20                     House Journal                      Page 2070
    Force on Workers' Compensation; and providing for an effective                                  
    date."                                                                                          
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
The Conference Committee with limited powers of free conference                                     
was automatically discharged when the House failed to adopt the                                     
Conference Committee with limited powers of free conference report                                  
(page 2042).                                                                                        
                                                                                                    
**The presence of Representative Croft was noted.                                                   
                                                                                                    
SB 141                                                                                            
The Speaker appointed the following members to a 2d Free                                            
Conference Committee:                                                                               
                                                                                                    
    Representative Ramras, Chair                                                                    
    Representative Elkins                                                                           
    Representative Berkowitz                                                                        
                                                                                                    
to meet with a like committee from the Senate to consider the                                       
following bills:                                                                                    
                                                                                                    
           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                                 

2005-05-20                     House Journal                      Page 2071
    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                                                                                                 
                                                                                                    
    CS FOR SENATE BILL NO. 141(FIN)                                                                 
    (same title)                                                                                    
                                                                                                    
The Chief Clerk notified the Senate.                                                                
                                                                                                    
The Free Conference Committee was automatically discharged when                                     
the House failed to adopt the Free Conference Committee report (page                                
2045).                                                                                              
                                                                                                    
The Speaker stated that, without objection, the House would recess;                                 
and so, the House recessed at 12:02 p.m.                                                            
                                                                                                    
                              AFTER RECESS                                                       
                                                                                                    
The Speaker called the House back to order at 5:00 p.m.                                             
                                                                                                    
**The presence of Representative Kerttula was noted.                                                
                                                                                                    
The House adjourned.                                                                                
                                                                                                    
                  CONSIDERATION OF THE DAILY CALENDAR                                            
                                                                                                    
                     THIRD READING OF SENATE BILLS                                               
                                                                                                    
SB 46                                                                                             
The following was not taken up this legislative day and will be on                                  
tomorrow's calendar:                                                                                
                                                                                                    
    HOUSE CS FOR 2d CS FOR SENATE BILL NO. 46(FIN)                                                  
    "An Act making and amending appropriations, including capital                                   
    appropriations, supplemental appropriations, reappropriations, and                              
    appropriations to capitalize funds; making appropriations under                                 
    art. IX, sec. 17(c), Constitution of the State of Alaska, from the                              

2005-05-20                     House Journal                      Page 2072
    constitutional budget reserve fund; and providing for an effective                              
    date."                                                                                          
                                                                                                    
                             ANNOUNCEMENTS                                                       
                                                                                                    
House committee schedules are published daily under separate cover.                                 
                                                                                                    
                              ADJOURNMENT                                                        
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
House adjourn (page 2071) until 10:00 a.m., May 21, 2005.  There                                    
being no objection, the House adjourned at 5:00 p.m.                                                
                                                                                                    
                                            Suzi Lowell                                             
                                            Chief Clerk