Legislature(2005 - 2006)
2005-04-01 Senate Journal
Full Journal pdf2005-04-01 Senate Journal Page 0751 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FOURTH LEGISLATURE FIRST SESSION Juneau, Alaska Friday April 1, 2005 Eighty-second Day Pursuant to adjournment the Senate was called to order by President Stevens at 11:20 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Pastor Gary Waterhouse of the Juneau and Sitka Seventh Day Adventist Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord, Thank You for each of these individuals in this room today, the senators, the clerks, the sergeant at arms and of course the pages. Thank You for each of them and the many hours they are on duty, and the work which was accomplished this week. And Lord, as the ending of this session is fast creeping up on us there will be many late nights and week-ends on duty, in an effort to get some needed legislation passed. Be with them in those times, to get their needed rest, to eat healthfully, get adequate exercise, and put their trust in You. And with the union of the physical, mental, and spiritual, they will be fully equipped to meet the challenges ahead. When the work is completed for this day and many return to their homes, we pray for safety on the roads, in the air, and on the seas. Thank You for hearing our prayer, O Lord, Amen. 2005-04-01 Senate Journal Page 0752 Senator Green led the Senate in the Pledge of Allegiance. Certification Senator Gary Stevens moved and asked unanimous consent that the journal for the eighty-first legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor Letter dated March 29 and received March 31 was read, stating in accordance with AS 39.05.080, I submit the following names for legislative confirmation of appointment to the boards and commissions set out below: State Commission for Human Rights M. Chris Hayes - Fairbanks Appointed: 3/18/2005 Term Expires: 3/1/2010 Barbara J. (Tamie) Miller - Wasilla Appointed: 3/18/2005 Term Expires: 3/1/2009 Randy H. Eledge - Anchorage Appointed: 3/18/2005 Term Expires: 3/1/2006 Lester C. Lunceford - Whittier Appointed: 2/19/2003 Reappointed: 3/18/2005 Term Expires: 3/1/2010 The appointments were referred to the State Affairs Committee. Alaska Oil and Gas Conservation Commission Cathy P. Foerster - Anchorage Appointed: 3/23/2005 Term Expires: 3/1/2007 The appointment was referred to the Resources Committee. 2005-04-01 Senate Journal Page 0753 Board of Veterinary Examiners Dr. Timothy L. Bowser - Soldotna Appointed: 2/19/2003 Term Expires: 3/1/2004 Dr. Cynthia Ann Trout - Anchorage Appointed: 3/23/2005 Term Expires: 3/1/2008 Alfred Agree - Trapper Creek Appointed: 3/23/2005 Term Expires: 3/1/2008 The appointments were referred to the Labor and Commerce Committee. The resumes for these appointments have been submitted to the Offices of the Senate Secretary and the Chief Clerk. Communications The following report is on file in the Office of the Secretary of the Senate: Alaska Taxable 2004, Municipal Taxation - Rates and Policies, Full Value Determination, Population and G.O. Bonded Debt Volume XLIV, January 2005 from Steve Van Sant, State Assessor Department of Commerce, Community, and Economic Development Disclosure letters received in accordance with AS 24.60 will be published in Senate Journal Supplement No. 2 and House and Senate Joint Journal Supplement No. 6. Standing Committee Reports SB 16 The Transportation Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 16 "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 2005-04-01 Senate Journal Page 0754 construction and maintenance; and repealing a requirement that public facilities comply with energy standards adopted by the Department of Transportation and Public Facilities" and recommended it be replaced with 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." Signing do pass: Senator Huggins, Chair. Signing no recommendation: Senators Therriault, Cowdery, French, Kookesh. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Transportation and Public Facilities Fiscal Note No. 2, zero, Department of Public Safety The bill was referred to the Finance Committee. SB 54 Forthcoming Judiciary Committee Substitute (page 736) for SENATE BILL NO. 54 "An Act relating to notification to victims of sexual assault; relating to protective orders; and relating to arrests for crimes involving sexual assault, violation of protective orders, or violation of conditions of release" was received today: CS FOR SENATE BILL NO. 54(JUD) "An Act relating to protective orders for crimes involving sexual assault or stalking, to notifications to victims of sexual assault, and to mandatory arrest for crimes involving violation of protective orders and violation of conditions of release; and amending Rule 65, Alaska Rules of Civil Procedure." 2005-04-01 Senate Journal Page 0755 SB 130 The Labor and Commerce Committee considered SENATE BILL NO. 130 "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; establishing a Workers' Compensation Appeals Commission; providing for workers' compensation hearing officers in workers' compensation proceedings; 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; 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; relating to the second injury fund; making conforming amendments; providing for a study and report by the medical services review committee; and providing for an effective date" and recommended it be replaced with 2005-04-01 Senate Journal Page 0756 CS FOR SENATE BILL NO. 130(L&C) "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; 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; relating to workers' compensation proceedings; 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; relating to the second injury fund; making conforming amendments; providing for a study and report by the medical services review committee; and providing for an effective date." Signing do pass: Senator Bunde, Chair; Senator Ben Stevens. Signing no recommendation: Senator Seekins. Signing amend: Senators Davis, Ellis. 2005-04-01 Senate Journal Page 0757 Fiscal information forthcoming. The following previously published fiscal information applies: Fiscal Note No. 2, zero, Department of Commerce, Community, and Economic Development President Stevens added a Judiciary Committee referral to the bill. The bill was referred to the Judiciary, then Finance Committees. SB 133 The Transportation Committee considered SENATE BILL NO. 133 "An Act establishing the Aviation Advisory Board; and providing for an effective date." Signing do pass: Senator Huggins, Chair; Senators Cowdery, Kookesh. Signing no recommendation: Senators Therriault, French. The following previously published fiscal information applies: Fiscal Note No. 1, zero, Department of Transportation and Public Facilities The bill was referred to the Finance Committee. SB 147 The Labor and Commerce Committee considered SENATE BILL NO. 147 "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." Signing do pass: Senator Bunde, Chair; Senators Davis, Seekins, Ben Stevens. Signing no recommendation: Senator Ellis. The following fiscal information was published today: Fiscal Note No. 1, Department of Revenue Fiscal Note No. 2, Department of Fish and Game The bill was referred to the Finance Committee. 2005-04-01 Senate Journal Page 0758 Introduction and Reference of Senate Bills SB 158 SENATE BILL NO. 158 BY SENATOR HUGGINS, entitled: "An Act prohibiting the imposition of municipal sales and use taxes on state construction contracts and certain subcontracts; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs and Finance Committees. SB 159 SENATE BILL NO. 159 BY SENATOR THERRIAULT, entitled: "An Act relating to indecent exposure." was read the first time and referred to the Judiciary and Finance Committees. SB 160 SENATE BILL NO. 160 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to a procurement and electronic commerce tools program for state departments and instrumentalities of the state; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 143 SENATE BILL NO. 143 "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" was read the second time. 2005-04-01 Senate Journal Page 0759 Senator Therriault, Chair, moved and asked unanimous consent for the adoption of the State Affairs Committee Substitute offered on page 724. Without objection, CS FOR SENATE BILL NO. 143(STA) was adopted. Senator Gary Stevens moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 143(STA) was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSSB 143(STA) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Cowdery, Davis, Dyson, Ellis, Elton, French, Green, Guess, Hoffman, Huggins, Kookesh, Olson, Seekins, Stedman, Stevens B, Stevens G, Therriault, Wagoner, Wilken and so, CS FOR SENATE BILL NO. 143(STA) passed the Senate. Senator Gary Stevens moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Unfinished Business Senator Cowdery moved and asked unanimous consent to be excused from a call of the Senate on April 4. Without objection, Senator Cowdery was excused. 2005-04-01 Senate Journal Page 0760 Announcements Announcements are at the end of the journal. Engrossment SB 143 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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Gary Stevens moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 4, 2005. Without objection, the Senate adjourned at 11:50 a.m. Kirsten Waid Secretary of the Senate April 2005 2005-04-01 Senate Journal Page 0761 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS Apr 01 Friday Beltz 211 1:30 PM No Meeting Scheduled Apr 04 Monday Beltz 211 1:30 PM += HB 108 WATER & SEWER UTILITIES OF POLIT. SUBDIV. += SB 114 SERVICE AREAS IN SECOND CLASS BOROUGHS Bills Previously Heard/Scheduled += SB 86 STATE/MUNI LIABILITY FOR ATTORNEY FEES Apr 06 Wednesday Beltz 211 1:30 PM + SB 158 MUNI TAX ON STATE CONSTRUCTION CONTRACTS + Bills Previously Heard/Scheduled Apr 08 Friday Beltz 211 1:30 PM Bills Previously Heard/Scheduled ---------------------------------------- FINANCE Apr 01 Friday Senate Finance 532 9:00 AM += SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT + Bills Previously Heard/Scheduled -- Committee will recess to the call of the Chair, approximately 4:00 p.m.-- Apr 02 Saturday Senate Finance 532 10:00 AM -- Time Change -- += SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT + Bills Previously Heard/Scheduled 2005-04-01 Senate Journal Page 0762 FINANCE (continued) Apr 03 Sunday Senate Finance 532 10:00 AM -- Time Change -- += SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT + Bills Previously Heard/Scheduled Apr 04 Monday Senate Finance 532 9:00 AM += SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT += SB 93 FISHING PERMIT AND VESSEL LICENSE FEES + SB 155 APPROP: SCHOOLS/UNIV/VIROLOGY LAB/MUSEUM + SB 112 TAX ON REAA RESIDENTS + Bills Previously Heard/Scheduled Apr 05 Tuesday Senate Finance 532 9:00 AM += SB 141 PUBLIC EMPLOYEE/TEACHER RETIREMENT += SB 100 ENHANCED 911 SURCHARGES + SB 88 POLICY ON GENERAL FUND REVENUE SHORTFALL + SB 151 DECOUPLING FROM FED TAX DEDUCTION + SB 70 CRIMES INVOLVING CONTROLLED SUBSTANCES + Bills Previously Heard/Scheduled Apr 06 Wednesday Senate Finance 532 9:00 AM + HCR 2 IN-STATE NATURAL GAS NEEDS + SB 144 EMISSION CONTROL PROGRAM PERMITS/REGS + SB 110 POLLUTION DISCHARGE & WASTE TRMT/DISPOSAL + SB 103 OIL & GAS: REG. OF UNDERGROUND INJECTION + Bills Previously Heard/Scheduled Apr 07 Thursday Senate Finance 532 9:00 AM += SB 46 APPROP: CAPITAL BUDGET Revenue, Courts, DEC, DOT/PF + Bills Previously Heard/Scheduled Apr 08 Friday Senate Finance 532 9:00 AM + SB 71 NONUNION PUBLIC EMPLOYEE SALARY & BENEFIT + SB 130 WORKERS' COMPENSATION <Pending Referral> + Bills Previously Heard/Scheduled ---------------------------------------- 2005-04-01 Senate Journal Page 0763 HEALTH, EDUCATION & SOCIAL SERVICES Apr 01 Friday Butrovich 205 1:30 PM += SB 74 CRIMES INVOLVING MARIJUANA/OTHER DRUGS Apr 04 Monday Butrovich 205 1:30 PM + HB 85 PRESCRIBED MEDICATION FOR STUDENTS += SB 10 PARENTAL LIABILITY FOR CHILD'S DAMAGE + Bills Previously Heard/Scheduled Apr 06 Wednesday Butrovich 205 1:30 PM += SB 125 LICENSING MEDICAL OR CARE FACILITIES + SB 150 ALASKA CHILDREN'S TRUST FUND GRANTS + Bills Previously Heard/Scheduled Apr 08 Friday Butrovich 205 1:30 PM No Meeting Scheduled ---------------------------------------- JUDICIARY Apr 04 Monday Butrovich 205 8:30 AM += SB 117 RECORDED STATEMENTS OF CHILD VICTIMS += SB 20 OFFENSES AGAINST UNBORN CHILDREN Apr 05 Tuesday Butrovich 205 8:30 AM + SB 130 WORKERS' COMPENSATION + SB 137 EVICTING INSTITUTIONAL PROPERTY USERS + Bills Previously Heard/Scheduled Apr 06 Wednesday Butrovich 205 8:30 AM + SB 128 BOROUGH INCORPORATION + SB 135 ASSAULT & CUSTODIAL INTERFERENCE + Bills Previously Heard/Scheduled Apr 07 Thursday Butrovich 205 8:30 AM + SB 140 BAN INTERNET SPYWARE + SB 132 HUMAN RIGHTS COMMISSION + Bills Previously Heard/Scheduled ---------------------------------------- 2005-04-01 Senate Journal Page 0764 LABOR & COMMERCE Apr 05 Tuesday Beltz 211 1:30 PM + SB 160 STATE PROCUREMENT ELECTRONIC TOOLS + Senate Bill: ENTEND BOARD OF OPTICIANS <Pending Introduction & Referral> Bills Previously Heard/Scheduled Including But Not Limited to: += SB 139 EXTENSIONS OF OCCUPATIONAL BDS/AGENCIES += SJR 11 REPEAL TELECOMMUNICATIONS TAX += SB 142 REGIONAL SCHOOL BD LAND/BLDG OWNERSHIP Apr 07 Thursday Beltz 211 1:30 PM + SB 145 LOANS FOR COMMERCIAL FISHING TENDERS + HB 81 CONTRACTOR LICENSE ENFORCEMENT + Bills Previously Heard/Scheduled Including But Not Limited to: += SB 108 INSURANCE += SB 131 WAGE & HOUR ACT: EXEC/PROF/ADMIN/SALES ---------------------------------------- RESOURCES Apr 01 Friday Butrovich 205 3:30 PM -- Meeting Canceled -- += SB 113 GULF OF ALASKA GROUNDFISH FISHERY -- Testimony <Invitation Only> -- Apr 04 Monday Butrovich 205 3:30 PM + SB 126 AQUATIC FARMING + SJR 16 STATES' RIGHT TO REGULATE HUNTING/FISHING + HJR 15 OPEN OCEAN AQUACULTURE Apr 06 Wednesday Butrovich 205 3:30 PM + SB 102 COASTAL MANAGEMENT PROGRAMS -- Testimony <Invitation Only> -- Apr 08 Friday Butrovich 205 3:30 PM += SB 85 OFF-ROAD VEHICLE USE ON DALTON HIGHWAY + SB 96 UNIVERSITY LAND GRANT/STATE FOREST -- Testimony <Invitation Only> -- ---------------------------------------- 2005-04-01 Senate Journal Page 0765 STATE AFFAIRS Apr 05 Tuesday Beltz 211 3:30 PM Confirmation Hearing: Brigadier General Tony Hart Bills Previously Heard/Scheduled Apr 07 Thursday Beltz 211 3:30 PM + SB 154 JUVENILE DELINQUENCY PROCEEDINGS Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION Apr 05 Tuesday Butrovich 205 1:30 PM + Joint w/(H) Transportation Port of Tacoma - Briefing + Federal Aviation Administration Weather Camera Program - Briefing Bills Previously Heard/Scheduled Apr 07 Thursday Butrovich 205 1:30 PM + SB 153 INTERNATIONAL AIRPORTS REVENUE BONDS + DOT/PF - Briefing of Projects: Wasilla Bypass McCarthy Road Mid Region (SE) Access aka Bradfield/ Gravina Island Bridge North Pole Rich Hwy/Dawson Interchange Fairbanks University Ave/Giest Road Intersection Bills Previously Heard/Scheduled ---------------------------------------- FINANCE SUBCOMMITTEES ADMINISTRATION Apr 05 Tuesday Butrovich 205 7:00 AM FY06 Budget Review: Administration ---------------------------------------- 2005-04-01 Senate Journal Page 0766 FINANCE SUBCOMMITTEES COMMERCE, COMMUNITY & ECONOMIC DEV Apr 05 Tuesday Senate Finance 532 8:00 AM Budget Close Out: Commerce, Community & Economic Dev ---------------------------------------- COURT SYSTEM Apr 07 Thursday Senate Finance 532 3:20 PM Budget Close Out: Court System ---------------------------------------- EDUCATION & EARLY DEVELOPMENT Apr 06 Wednesday Senate Finance 532 4:30 PM Budget Close Out: Education & Early Development ---------------------------------------- ENVIRONMENTAL CONSERVATION Apr 07 Thursday Senate Finance 532 8:00 AM Budget Close Out: Environmental Conservation ---------------------------------------- FISH & GAME Apr 04 Monday Fahrenkamp 203 1:30 PM Budget Close Out: Fish & Game ---------------------------------------- GOVERNOR Apr 05 Tuesday Senate Finance 532 4:30 PM Budget Close Out: Office of the Governor 2005-04-01 Senate Journal Page 0767 FINANCE SUBCOMMITTEES LABOR & WORKFORCE DEVELOPMENT Apr 07 Thursday Beltz 211 8:15 AM Budget Close Out: Labor & Workforce Development ---------------------------------------- LAW Apr 07 Thursday Fahrenkamp 203 4:00 PM Budget Close Out: Law ---------------------------------------- LEGISLATURE Apr 05 Tuesday Senate Finance 532 4:00 PM Budget Close Out: Legislature ---------------------------------------- MILITARY AND VETERANS AFFAIRS Apr 01 Friday Beltz 211 4:00 PM FY06 Budget Review: Military and Veterans Affairs ---------------------------------------- NATURAL RESOURCES Apr 05 Tuesday Beltz 211 8:15 AM Budget Close Out: Natural Resources ---------------------------------------- PUBLIC SAFETY Apr 01 Friday Beltz 211 7:00 AM FY06 Budget Review: Public Safety 2005-04-01 Senate Journal Page 0768 FINANCE SUBCOMMITTEES REVENUE Apr 07 Thursday Fahrenkamp 203 1:30 PM Budget Close Out: Revenue ---------------------------------------- UNIVERSITY OF ALASKA Apr 01 Friday Senate Finance 532 8:00 AM FY06 Budget Overview: University of Alaska ---------------------------------------- OTHER MEETINGS JOINT LEGISLATIVE HEALTH CAUCUS Apr 06 Wednesday Fahrenkamp 203 12:00 PM "Hi-Tech Health: How Technology Improves Our Health" A Healthy Lunch Will Be Served