Legislature(1999 - 2000)

1999-01-25 Senate Journal

Full Journal pdf

1999-01-25                     Senate Journal                      Page 0075
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    TWENTY-FIRST LEGISLATURE - FIRST SESSION                   
                                                                               
Juneau, Alaska                                                                 
                                                                               
                                  Seventh Day                                  
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:01 a.m.                                                           
                                                                               
The roll showed nineteen members present. Senator Lincoln was                  
absent.                                                                        
                                                                               
The prayer was offered by the Chaplain, Pastor Cary Henrichsen of              
the Auke Bay Bible Church. Senator Hoffman moved and asked                     
unanimous consent that the prayer be spread. Without objection, it             
was so ordered.                                                                
                                                                               
Psalm One tells us that Blessed is the man who                                
does not walk in the counsel of the wicked, or stand                           
in the way of sinners, or sit in the seat of mockers,                          
but his delight is in the Law of the Lord, and on                              
His law he meditates day and night. May each one                               
of us be that kind of person, Lord, who looks to                               
You first and last for moral and spiritual direction,                          
and in doing so, goes about our business in a way                              
pleasing to You. Thank You for the beacon of truth                             
You shine to light our way. May we choose to walk                              
in it, in Jesus Name, Amen.                                                    
                                                                               
Senator Torgerson led the Senate in the Pledge of Allegiance.                  
                                                                               
                                                                               
                                Certification                                
                                                                               
Senator Mackie moved and asked unanimous consent that the                      
journals for the fourth, fifth and sixth legislative days be approved          
as certified by the Secretary. Without objection, it was so ordered.           
                                                                               
                                       75                                      

1999-01-25                     Senate Journal                      Page 0076
The presence of Senator Lincoln was noted.                                     
                                                                               
                                                                               
                                Communications                               
                                                                               
The following reports are on file in the Office of the Secretary of            
the Senate:                                                                    
                                                                               
Department of Natural Resources Five-Year Oil and Gas Leasing                  
Program                                                                        
from Commissioner John Shively                                                 
in accordance with AS 38.05.180(b) and (c)                                     
Report available electronically: www.dnr.state.ak.us/oil                       
                                                                               
Alaska Industrial Development and Export Authority Annual Report               
from D. Randy Simmons, Executive Director and Wilson Hughes,                   
Chairman of the Board                                                          
in accordance with AS 44.88.210                                                
                                                                               
                                                                               
                          Standing Committee Reports                         
                                                                               
SB 3                                                                         
The Judiciary Committee considered SENATE BILL NO. 3 An Act                    
relating to the crimes of murder, solicitation to commit murder in the         
first degree, manslaughter, and criminally negligent homicide; relating        
to homicides of children; and relating to the crime of interference            
with custody of a child or incompetent person. Signing do pass:                
Senator Taylor, Chair, Senators Halford, Ellis. Signing no                     
recommendation: Senator Torgerson.                                             
                                                                               
Fiscal note published today from Department of Corrections.                    
Indeterminate fiscal notes published today from Department of                  
Administration (2). Zero fiscal note published today from Department           
of Law.                                                                        
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
                                                                               

1999-01-25                     Senate Journal                      Page 0077
SB 4                                                                         
The Judiciary Committee considered SENATE BILL NO. 4 An Act                    
relating to establishing an office of victims rights; relating to              
compensation of victims of violent crimes; relating to eligibility for         
a permanent fund dividend for persons convicted of and incarcerated            
for certain offenses; and amending Rule 16, Alaska Rules of                    
Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule                 
501, Alaska Rules of Evidence and recommended it be replaced                   
with                                                                           
                                                                               
CS FOR SENATE BILL NO. 4(JUD)                                                 
                                                                               
Signing do pass: Senator Taylor, Chair, Senators Halford, Ellis.               
Signing no recommendation: Senator Torgerson.                                  
                                                                               
Fiscal notes for the bill and the committee substitute published today         
from Legislative Affairs Agency, Department of Public Safety,                  
Department of Corrections. Zero fiscal notes for the bill and the              
committee substitute published today from Department of Public                 
Safety, Department of Administration (2). Indeterminate fiscal note            
for the bill and the committee substitute published today from                 
Department of Law.                                                             
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
                                                                               
                         Introduction and Reference of                        
                              Senate Resolutions                              
                                                                               
SCR 3                                                                        
SENATE CONCURRENT RESOLUTION NO. 3 BY SENATOR                                  
TAYLOR,                                                                        
                                                                               
Relating to the sovereignty of the State of Alaska                            
and the sovereign right of the State of Alaska to                              
manage the natural resources of Alaska.                                        
                                                                               
was read the first time and referred to the Resources and Judiciary            
Committees.                                                                    
                                                                               

1999-01-25                     Senate Journal                      Page 0078
                  Introduction and Reference of Senate Bills                 
                                                                               
SB 41                                                                        
SENATE BILL NO. 41 BY THE SENATE RULES COMMITTEE                               
BY REQUEST OF THE LEGISLATIVE COUNCIL, entitled:                               
                                                                               
An Act making corrective amendments to the                                    
Alaska Statutes relating to certain repealed law as                            
recommended by the revisor of statutes; and                                    
providing for an effective date.                                               
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
SB 42                                                                        
SENATE BILL NO. 42 BY THE SENATE RULES COMMITTEE                               
BY REQUEST OF THE LEGISLATIVE COUNCIL, entitled:                               
                                                                               
An Act making corrective amendments to the                                    
Alaska Statutes as recommended by the revisor of                               
statutes; and providing for an effective date.                                 
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
SB 43                                                                        
SENATE BILL NO. 43 BY SENATORS WARD, Halford, entitled:                        
                                                                               
An Act making a special appropriation from the                                
earnings reserve account to the principal of the                               
permanent fund; and providing for an effective                                 
date.                                                                          
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                                                                               

1999-01-25                     Senate Journal                      Page 0079
SB 44                                                                        
SENATE BILL NO. 44 BY THE SENATE RULES COMMITTEE                               
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
An Act making appropriations for year 2000                                    
assessment, compliance, and remediation projects;                              
making appropriations under art. IX, sec. 17(c),                               
Constitution of the State of Alaska; and providing                             
for an effective date.                                                         
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
Governors transmittal letter dated January 22, 1999:                           
                                                                               
Dear President Pearce:                                                         
                                                                               
This bill I transmit today provides funding to complete the year 2000          
(Y2K) remediation of the most critical systems in the Executive and            
Judicial branches of state government. The Y2K efforts currently               
underway were not funded prior to adjournment of the Twentieth                 
Alaska State Legislature. This bill is intended to correct that                
problem.                                                                       
                                                                               
The Y2K computer problem, which causes computers to incorrectly                
process dates in the new millennium, poses a threat to the orderly             
delivery of vital services to Alaskans. The state has adopted a                
conservative, yet thorough approach to solving Alaskas Y2K                     
problem by focusing efforts on the most critical areas.                        
                                                                               
We could begin to experience Y2K problems as soon as July 1,                   
1999, with the change of the fiscal year. Therefore, in order to               
address those potential problems, I am requesting passage of this bill         
by the end of February.                                                        
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Tony Knowles                                                              
					Governor                                                                  
                                                                               
                                                                               

1999-01-25                     Senate Journal                      Page 0080
SB 45                                                                        
SENATE BILL NO. 45 BY SENATOR HALFORD, entitled:                               
                                                                               
An Act relating to tort immunity for personal                                 
injuries or death occurring on land; relating to the                           
vacation by the state or a municipality of rights-of-                          
way acquired by the state under former 43 U.S.C.                               
932; and providing for an effective date.                                      
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               
                                  Citations                                  
                                                                               
                                                                               
In Commemoration of the Alaska Agricultural and Forestry                       
Experiment Station - 100th Anniversary                                         
Representative(s) Kohring                                                      
Senator(s) Green, Halford, Parnell, Wilken, Lincoln, Elton, Taylor,            
Tim Kelly, Hoffman, Adams, Pearce, Leman                                       
                                                                               
Honoring - Ping-Tung Chang                                                     
Representative(s) Kohring                                                      
Senator(s) Green, Halford, Phillips, Parnell, Wilken, Pete Kelly,              
Lincoln, Elton, Taylor, Tim Kelly, Hoffman, Adams, Pearce, Leman               
                                                                               
Honoring - 517th Airlift Squadron                                              
Representative(s) Kohring                                                      
Senator(s) Leman, Halford, Parnell, Wilken, Donley, Pete Kelly,                
Lincoln, Elton, Taylor, Tim Kelly, Hoffman, Adams, Pearce, Phillips,           
Green                                                                          
                                                                               
In Memoriam - Jodi Rae Barve                                                   
Representative(s) Kohring, Masek                                               
Senator(s) Green, Halford, Parnell, Wilken, Pete Kelly, Lincoln,               
Elton, Taylor, Tim Kelly, Hoffman, Adams, Pearce, Leman                        
                                                                               
                                                                               

1999-01-25                     Senate Journal                      Page 0081
In Memoriam - William Bill Hall                                                
Representative(s) Kohring, Dyson                                               
Senator(s) Phillips, Halford, Parnell, Wilken, Pete Kelly, Lincoln,            
Elton, Taylor, Tim Kelly, Hoffman, Adams, Pearce, Green, Leman                 
                                                                               
In Memoriam - John Michael and Stephanie M. Arzie                              
Representative(s) Kohring, Dyson                                               
Senator(s) Phillips, Halford, Parnell, Wilken, Pete Kelly, Lincoln,            
Elton, Taylor, Tim Kelly, Hoffman, Adams, Pearce, Green, Leman                 
                                                                               
Senator Mackie moved and asked unanimous consent that the                      
citations be adopted. Without objection, the citations were adopted            
and referred to the Secretary for transmittal.                                 
                                                                               
                                                                               
                             Unfinished Business                             
                                                                               
Senator Adams moved and asked unanimous consent that he be                     
excused from the Senate, not subject to a call, on January 29.                 
Without objection, Senator Adams was excused.                                  
                                                                               
Senator Taylor moved and asked unanimous consent that he be                    
excused from the Senate, not subject to a call, from 1:30 p.m.,                
January 26 to afternoon plane time, January 29. Without objection,             
Senator Taylor was excused.                                                    
                                                                               
Senator Wilken moved and asked unanimous consent that he be                    
excused from a call of the Senate from noon, January 28 through                
morning plane time, January 29. Without objection, Senator Wilken              
was excused.                                                                   
                                                                               
Senator Pete Kelly moved and asked unanimous consent that he be                
excused from a call of the Senate from 1:30 p.m., January 29                   
through morning plane time, February 1. Without objection, Senator             
Pete Kelly was excused.                                                        
                                                                               
Senator Tim Kelly moved and asked unanimous consent that he be                 
excused from a call of the Senate on January 29. Without objection,            
Senator Tim Kelly was excused.                                                 
                                                                               

1999-01-25                     Senate Journal                      Page 0082
Senator Halford moved and asked unanimous consent that he be                   
excused from a call of the Senate on January 29. Without objection,            
Senator Halford was excused.                                                   
                                                                               
                                                                               
                                Announcements                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 Adjournment                                 
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., January 26, 1999. Without               
objection, the Senate adjourned at 11:12 a.m.                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                          January 1999         

1999-01-25                     Senate Journal                      Page 0083
                                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.                            
                                                                               
                                                                               
                          SENATE STANDING COMMITTEES                         
+ indicates teleconference                                                     
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                               FAHRENKAMP RM 203                               
Jan 25                          Monday 01:30 PM                                
	ORGANIZATIONAL MEETING                                                       
                                                                               
Jan 27                         Wednesday 01:30 PM                              
	NO MEETING SCHEDULED                                                         
                                                                               
Jan 29                          Friday 01:30 PM                                
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
Jan 25                          Monday 09:00 AM                                
	OVERVIEW OF THE GOVERNORS FY 2000 PROPOSED                                   
	BUDGET, BY DAVID TEAL, DIRECTOR OF                                           
	LEGISLATIVE FINANCE                                                          
                                                                               
Jan 26                          Tuesday 09:00 AM                               
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
	SB  28INCREASE IN PROGRAM RECEIPTS                                           
	-SB 31 & SB 32 CAPITAL BUDGET OVERVIEWS,                                     
	MANAGEMENT AND BUDGET, ANNALEE                                               
MCCONNELL                                                                      
	-WATER AND SANITATION CAPITAL PROJECTS, DEPT                                 
	OF ENVIRONMENTAL CONSERVATION, DAN EASTON                                    
                                                                               
Jan 27                         Wednesday 09:00 AM                              
	OVERVIEW BY DIVISION OF LEGISLATIVE AUDIT                                    
	PAT DAVIDSON, LEGISLATIVE AUDITOR                                            

1999-01-25                     Senate Journal                      Page 0084
                                   FINANCE                                   
Jan 28                         Thursday 09:00 AM                               
	SB 31 & SB 32 CAPITAL BUDGET OVERVIEWS                                       
	DEPT OF TRANSPORTATION OVERVIEW                                              
	JOSEPH PERKINS, COMMISSIONER                                                 
                                                                               
Jan 29                          Friday 09:00 AM                                
	SB 31 & SB 32 CAPITAL BUDGET OVERVIEWS                                       
	DEPT OF TRANSPORTATION STATEWIDE TRANSPOR-                                   
	TATION IMPROVEMENT PROGRAM                                                   
	JOSEPH PERKINS, COMMISSIONER                                                 
	ALASKA HOUSING FINANCE CORPORATION                                           
OVERVIEW                                                                       
	DANIEL FAUSKE, EXECUTIVE DIRECTOR                                            
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               FAHRENKAMP RM 203                               
Jan 26                          Tuesday 03:30 PM                               
	HESS ORGANIZATIONAL MEETING                                                  
                                                                               
Jan 28                         Thursday 03:30 PM                               
	TO BE ANNOUNCED                                                              
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
Jan 25                          Monday 01:30 PM                                
+	SB   2CIVIL COMMITMENT OF SEXUAL PREDATORS                                  
+	SJR  2CONST. AM: PRISONERS RIGHTS                                           
+	BILLS PREVIOUSLY HEARD/SCHEDULED                                            
                                                                               
Jan 27                         Wednesday 01:30 PM                              
	NO MEETING SCHEDULED                                                         
                                                                               
Jan 29                          Friday 01:30 PM                                
+	SB  24REGULATIONS: ADOPTION & JUDICIAL REVIEW                               
+	BILLS PREVIOUSLY HEARD/SCHEDULED                                            
                    ----------------------------------------                   
                                                                               
                                                                               

1999-01-25                     Senate Journal                      Page 0085
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
Jan 26                          Tuesday 01:30 PM                               
	NO MEETING SCHEDULED                                                         
                                                                               
Jan 28                         Thursday 01:30 PM                               
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
Jan 25                          Monday 03:00 PM                                
+	SB   6DISPOSALS OF STATE LAND                                               
+	SB   7INCREASE LAND GRANT TO UNIV. OF ALASKA                                
                                                                               
Jan 27                         Wednesday 03:00 PM                              
+	BRIEFING: GLACIER BAY NATIONAL PARK AND                                     
	PROPOSED FEDERAL RULES                                                       
	BILLS PREVIOUSLY SCHEDULED                                                   
                                                                               
Jan 29                          Friday 03:00 PM                                
	SB  12FOREST PRACTICES: STREAMS/TRIBUTARIES                                  
	BILLS PREVIOUSLY SCHEDULED                                                   
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
Jan 26                          Tuesday 03:30 PM                               
	NO MEETING SCHEDULED                                                         
                                                                               
Jan 28                         Thursday 03:30 PM                               
+	SB  33TASK FORCE ON PRIVATIZATION                                           
+	SB  36YEAR 2000 COMPLIANCE REQUIREMENT                                      
+	SJR  3REPEAL OF REGULATIONS BY LEGISLATURE                                  
                    ----------------------------------------                   
                                                                               
                                                                               

1999-01-25                     Senate Journal                      Page 0086
                                TRANSPORTATION                               
                               BUTROVICH ROOM 205                              
Jan 26                          Tuesday 01:30 PM                               
	NO MEETING SCHEDULED                                                         
                                                                               
Jan 28                         Thursday 01:30 PM                               
	JOINT (H) & (S) TRANSPORTATION COMMITTEES                                    
	OVERVIEW: DEPT OF TRANSPORTATION BY                                          
	COMMISSIONER JOE PERKINS                                                     
                                                                               
                                OTHER MEETINGS                               
                                                                               
                               ANCHORAGE CAUCUS                              
                               SENATE FINANCE 532                              
Jan 28                         Thursday 12:00 PM                               
	ORGANIZATIONAL DISCUSSION, ELECTION OF                                       
	CO-CHAIRS. IF (S) OR (H) FLOOR SESSIONS                                      
	CONTINUE PAST 12:15 PM, THE MEETING TIME                                     
	CHANGES TO 5 PM THAT AFTERNOON                                               
                    ----------------------------------------                   
                                                                               
                               MAJORITY CAUCUS                               
                               BUTROVICH ROOM 205                              
Jan 25                          Monday 11:15 AM                                
MAJORITY CAUCUS                                                                
                    ----------------------------------------                   
                                                                               
                               MINORITY CAUCUS                               
                                 BELTZ ROOM 211                                
Jan 25                          Monday 11:15 AM                                
MINORITY CAUCUS