Legislature(1999 - 2000)
1999-02-08 Senate Journal
Full Journal pdf1999-02-08 Senate Journal Page 0177 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska Twenty-first Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:07 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Pastor James Brubaker of the Faith Lutheran Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Gracious God, Thank You for the refreshment, relaxation, and worship of the past weekend. You have now brought us to the beginning of a new week filled with issues, challenges, questions, uncertainties, but most of all with opportunities. We seek Your guidance as we lead Your great people in this great land. We seek Your direction as we endeavor to manage Your great gifts to us for the good of all. We seek Your love through Your Son in our lives especially this week to enable us to make our decisions with care, concern, and wisdom. You have promised us through the prophet Isaiah that even though we may grow tired and weary, even stumble or fall that those who hope in the Lord will renew their strength and soar on wings like eagles: they will run and not grow weary, they will walk and not be faint. Renew us this day with Your strength so that we may soar like eagles and not grow weary or faint in fulfilling the responsibilities with which the people of this state have entrusted us. 177 1999-02-08 Senate Journal Page 0178 Bless us this day and this week with Your presence that we may do Your will as it is done in heaven. In Your Holy Name we pray. Amen. Senator Pete Kelly led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journals for the eighteenth, nineteenth and twentieth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor Letters dated and received February 5 were read, stating in accordance with Article III, Sections 19, 25, 26 and 27 of the Alaska Constitution, I submit the following names for legislative confirmation of appointment to the positions noted: Commissioner - Department of Administration Robert Poe - Anchorage Appointed: 12/16/98 The above appointment was referred to the State Affairs Committee. Commissioner - Department of Labor Ed Flanagan - Juneau Appointed: 01/12/99 The above appointment was referred to the Labor and Commerce Committee. Commissioner - Department of Military and Veterans Affairs Adjutant General - Alaska National Guard Colonel Phillip E. Oates - Anchorage Appointed: 01/08/99 The above appointment was referred to the State Affairs Committee. 1999-02-08 Senate Journal Page 0179 Alcoholic Beverage Control Board Thomas C. Walker - Seward Appointed: 06/02/98 Expires: 01/31/01 State Board of Registration for Architects, Engineers, and Land Surveyors Linda Cyra-Korsgaard - Anchorage Appointed: 09/11/98 Expires: 06/30/01 Marcia R. Davis - Anchorage Appointed: 02/20/97 Reappointed: 07/31/98 Expires: 06/30/02 D. Lance Mearig, P.E. - Juneau Appointed: 07/05/94 Reappointed: 07/31/98 Expires: 06/30/02 The above appointments were referred to the Labor and Commerce Committee. Board of Governors of the Alaska Bar Joseph N. Faulhaber - Fairbanks Appointed: 08/10/94 Reappointed: 06/02/98 Expires: 06/30/00 Barbara Miklos - Anchorage Appointed: 06/30/95 Reappointed: 07/31/98 Expires: 06/30/01 The above appointments were referred to the Judiciary Committee. Board of Chiropractic Examiners Carol J. Davis, D.C. - Fairbanks Appointed: 11/16/98 Expires: 07/15/01 Steven D. Messerschmidt - Juneau Appointed: 11/16/98 Expires: 07/15/02 Sean C. Siegel - Anchorage Appointed: 11/16/98 Expires: 07/15/02 The above appointments were referred to the Labor and Commerce Committee. 1999-02-08 Senate Journal Page 0180 Board of Education Paula R. Pawlowski - Anchorage Appointed: 08/27/98 Expires: 01/31/00 The above appointment was referred to the Health, Education and Social Services Committee. Commission on Judicial Conduct Dianne I. Brown - Anchorage Appointed: 09/11/96 Reappointed: 12/11/98 Expires: 12/31/02 Alaska Judicial Council Sandra Stringer - Fairbanks Appointed: 08/27/98 Expires: 05/18/03 The above appointments were referred to the Judiciary Committee. Alaska Labor Relations Agency Blair E. Marcotte - Fairbanks Appointed: 08/28/96 Reappointed: 07/31/98 Expires: 06/30/01 Raymond P. Smith - Anchorage Appointed: 03/06/95 Reappointed: 06/30/95, 07/31/98 Expires: 06/30/01 Board of Marine Pilots Robert M. Berto - Ketchikan Appointed: 09/30/94 Reappointed: 07/31/98 Expires: 05/31/02 The above appointments were referred to the Labor and Commerce Committee. Board of Marital and Family Therapy Sandra M. Samaniego - Fairbanks Appointed: 10/12/95 Reappointed: 11/16/98 Expires: 12/14/02 State Medical Board Keith M. Brownsberger, M.D. - Anchorage Appointed: 08/11/95 Reappointed: 07/31/98 Expires: 04/21/02 Sheila Means - Juneau Appointed: 06/02/98 Expires: 01/09/01 1999-02-08 Senate Journal Page 0181 Alaska Mental Health Trust Authority Board of Trustees Nelson G. Page, Esq. - Anchorage Appointed: 03/03/95 Reappointed: 06/02/98 Expires: 03/03/03 Board of Certified Direct-Entry Midwives Marilyn Holmes - Juneau Appointed: 07/20/95 Reappointed: 07/31/98 Expires: 07/20/02 Board of Nursing Barbara Berner, ANP, EdD - Anchorage Appointed: 06/02/98 Expires: 03/31/02 Board of Examiners in Optometry Thomas N. Carter - Fairbanks Appointed: 12/11/98 Expires: 06/15/02 Erik D. Christianson, O.D. - Ketchikan Appointed: 06/01/98 Expires: 06/15/01 John C. Cobbett, O.D. - North Pole Appointed: 09/11/98 Expires: 06/15/02 Board of Pharmacy Margaret D. Soden, R.Ph. - Fairbanks Appointed: 12/11/98 Expires: 04/01/02 State Physical Therapy and Occupational Therapy Board JoAnne Bell-Graves - Juneau Appointed: 12/11/98 Expires: 09/01/00 Leslie F. Schwartz - Petersburg Appointed: 10/06/95 Reappointed: 12/11/98 Expires: 09/01/02 Board of Professional Counselors Toni Chrestman - Nome Appointed: 11/16/98 Expires: 11/01/02 Anne L. Henry - Juneau Appointed: 11/16/98 Expires: 11/01/02 David F. Leonard, Esq. - Fairbanks Appointed: 11/16/98 Expires: 11/01/00 Allan A. Morotti, Ph.D. - Fairbanks Appointed: 11/16/98 Expires: 11/01/01 Robert L. Pound - Anchorage Appointed: 11/16/98 Expires: 11/01/01 1999-02-08 Senate Journal Page 0182 Professional Teaching Practices Commission Steven Beardsley - Anchorage Appointed: 12/11/98 Expires: 07/01/01 Bruce F. Johnson - Sitka Appointed: 08/30/95 Reappointed: 12/11/98 Expires: 07/01/01 Vickie L. McCubbin - Anchorage Appointed: 12/11/98 Expires: 07/01/01 The above appointments were referred to the Health, Education and Social Services Committee. Board of Certified Real Estate Appraisers Vince Coan - Wasilla Appointed: 09/11/98 Expires: 06/30/02 James A. Hage - Fairbanks Appointed: 12/11/98 Expires: 06/30/00 The above appointments were referred to the Labor and Commerce Committee. Board of Social Work Examiners Denny Patella - Anchorage Appointed: 09/11/98 Expires: 07/01/01 The above appointment was referred to the Health, Education and Social Services Committee. Board of Veterinary Examiners Connie J. Sanders, D.V.M. - Anchorage Appointed: 06/25/96 Reappointed: 12/11/98 Expires: 01/31/03 The above appointment was referred to the Labor and Commerce Committee. 1999-02-08 Senate Journal Page 0183 Violent Crimes Compensation Board Colleen M. Murphy, M.D. - Anchorage Appointed: 08/27/98 Expires: 12/15/00 Stephen B. Wallace - Kodiak Appointed: 08/27/98 Expires: 12/15/99 Leslie D. Wheeler - Wasilla Appointed: 05/15/96 Reappointed: 12/11/98 Expires: 12/15/01 The above appointments were referred to the Judiciary Committee. Alaska Workers' Compensation Board Dorothy Bradshaw - Fairbanks Appointed: 01/30/96 Reappointed: 06/02/98 Expires: 07/01/01 Philip E. Ulmer - Eagle River Appointed: 01/30/96 Reappointed: 06/02/98 Expires: 07/01/01 The above 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 reports are on file in the Office of the Secretary of the Senate: Notification of Availability of Alaska Energy Authority Annual Capital Project Status Reports: Bradley Lake Hydroelectric Project Terror Lake Hydroelectric Project Lake Tyee Hydroelectric Project Swan Lake Hydroelectric Project Solomon Gulch Hydroelectric Project from D. Randy Simmons, Executive Director, Alaska Industrial Development and Export Authority in accordance with AS 44.83.950(b) 1999-02-08 Senate Journal Page 0184 Alaska Community Schools Annual Report compiled by the Alaska Association for Community Education from Darryl Farrens, President in accordance with AS 14.36.010(b)(4) Storage Tank Assistance Fund Annual Report, Fiscal Year 1998 from Commissioner Michele Brown, Department of Environmental Conservation in accordance with AS 46.03.363 Standing Committee Reports SJR 4 Forthcoming zero fiscal note (page 144) for SENATE JOINT RESOLUTION NO. 4 Relating to a national ballistic missile defense system, published today from the Senate State Affairs Committee. SB 35 The Finance Committee considered SENATE BILL NO. 35 An Act extending the termination date of the Board of Marine Pilots and recommended the adoption of the Labor and Commerce Committee Substitute offered on page 165. Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Green, Pete Kelly, Adams, Leman, Donley. Previous zero fiscal note. The bill was referred to the Rules Committee. SB 49 The Finance Committee considered SENATE BILL NO. 49 An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 1999; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 49(FIN) 1999-02-08 Senate Journal Page 0185 SB 49 Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Pete Kelly, Leman, Donley. Signing no recommendation: Senators Green, Adams. Zero fiscal note for the bill and the committee substitute published today from Office of the Governor. The bill was referred to the Rules Committee. SJR 5 The Rules Committee considered SENATE JOINT RESOLUTION NO. 5 Opposing the closure of the former Mount McKinley portions of Denali National Park and Preserve to snowmachine use. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller. Signing under other recommendations: Senator Ellis. The bill is on the February 10 calendar. Recess Senator Mackie moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 11:24 a.m. After Recess The Senate reconvened at 12:04 p.m. Standing Committee Reports Continued SB 49 The Rules Committee considered SENATE BILL NO. 49 An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 1999; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Miller, Leman. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. 1999-02-08 Senate Journal Page 0186 Introduction and Reference of Senate Bills SB 56 SENATE BILL NO. 56 BY THE SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: An Act allowing the disclosure of reports with regard to inspection and investigations of certain health care facilities, home health agencies, hospice programs, and assisted living homes; authorizing the Department of Health and Social Services to license home health agencies; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Labor and Commerce Committees. SB 57 SENATE BILL NO. 57 BY THE SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: An Act relating to vulnerable adults; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. SB 58 SENATE BILL NO. 58 BY THE SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: An Act establishing an in-home and community- based services program for certain adults with long- term care needs; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Finance Committees. 1999-02-08 Senate Journal Page 0187 Consideration of the Calendar Second Reading of Senate Bills SB 49 SENATE BILL NO. 49 An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 1999; and providing for an effective date was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 184. Without objection, CS FOR SENATE BILL NO. 49(FIN) was adopted and read the second time. Senator Mackie 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. 49(FIN) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 49(FIN) An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 1999; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 49(FIN) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Ellis, Elton, Lincoln and so, CS FOR SENATE BILL NO. 49(FIN) passed the Senate. 1999-02-08 Senate Journal Page 0188 SB 49 Senator Mackie 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. Senator Lincoln gave notice of reconsideration. Citations In Memoriam - Howard Leroy Anderson Representative(s) Smalley Senator(s) Pete Kelly, Donley, Hoffman, Lincoln, Pearce, Wilken, Taylor, Tim Kelly, Elton, Leman, Mackie, Halford In Memoriam - Harvey Frederick Stelling Representative(s) Harris Senator(s) Lincoln, Pete Kelly, Donley, Hoffman, Pearce, Wilken, Taylor, Tim Kelly, Elton, Leman, Mackie, Halford 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. 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., February 10, 1999. Without objection, the Senate adjourned at 12:42 p.m. Nancy Quinto Secretary of the Senate February 1999 1999-02-08 Senate Journal Page 0189 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 = indicates bill previously heard/scheduled FINANCE SENATE FINANCE 532 Feb 08 Monday 09:00 AM OMB FY99 CASH FLOW OVERVIEW SJR 4NATIONAL BALLISTIC MISSILE DEFENSE SYSTEM SB 35EXTEND BOARD OF MARINE PILOTS = SB 49MISSION STMTS FOR FY 99 BUDGET = SB 6DISPOSALS OF STATE LAND BILLS PREVIOUSLY HEARD/SCHEDULED Feb 08 Monday 02:00 PM FINANCE SUBCOMMITTEE WORK SESSION = SB 44APPROPRIATIONS FOR Y2K FIX Feb 09 Tuesday 09:00 AM ECONOMIC FORUM, CENTENNIAL HALL NO MEETING SCHEDULED Feb 10 Wednesday 08:00 AM NOTE TIME CHANGE JOINT W/(H) FINANCE COMMITTEE RESULTS BASED BUDGETING; MISSIONS AND MEASURES TRAINING, CRAIG HOLT Feb 10 Wednesday 02:00 PM FINANCE SUBCOMMITTEE WORK SESSION = SB 44APPROPRIATIONS FOR Y2K FIX 1999-02-08 Senate Journal Page 0190 FINANCE Feb 11 Thursday 09:00 AM ALASKA RR OVERVIEW; GOVERNOR SHEFFIELD SB 12FOREST PRACTICES: STREAMS/TRIBUTARIES SJR 3REPEAL OF REGULATIONS BY LEGISLATURE Feb 11 Thursday 02:00 PM FINANCE SUBCOMMITTEE WORK SESSION = SB 44APPROPRIATIONS FOR Y2K FIX Feb 12 Friday 09:00 AM BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 Feb 09 Tuesday 03:30 PM NO MEETING SCHEDULED Feb 11 Thursday 03:30 PM SB 31MENTAL HEALTH APPROPRIATIONS ---------------------------------------- JUDICIARY BELTZ ROOM 211 Feb 08 Monday 01:30 PM = SB 24REGULATIONS: ADOPTION & JUDICIAL REVIEW BILLS PREVIOUSLY HEARD/SCHEDULED Feb 10 Wednesday 01:30 PM SJR 6DESTROY BRADY BILL RECORDS BILLS PREVIOUSLY HEARD/SCHEDULED Feb 12 Friday 01:30 PM BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 Feb 09 Tuesday 01:30 PM NO MEETING SCHEDULED 1999-02-08 Senate Journal Page 0191 LABOR & COMMERCE Feb 11 Thursday 01:30 PM = SB 29REQUIREMENTS FOR PHYSICIANS LICENSE SB 54MUNICIPAL TAXES ON DETERIORATED PROPERTY ---------------------------------------- RESOURCES BUTROVICH ROOM 205 Feb 08 Monday 03:00 PM = SCR 2MANAGEMENT OF FISH & WILDLIFE BILLS PREVIOUSLY HEARD/SCHEDULED Feb 10 Wednesday 03:00 PM FAHRENKAMP ROOM 203 -- LOCATION CHANGE -- + SB 13DISCRETE SALMON STOCK MGMT AND ASSESSMENT BILLS PREVIOUSLY HEARD/SCHEDULED Feb 12 Friday 03:00 PM BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 Feb 09 Tuesday 03:30 PM NO MEETING SCHEDULED Feb 11 Thursday 03:30 PM = SB 46NAMING THE ALEX MILLER BUILDING BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 Feb 09 Tuesday 01:30 PM NO MEETING SCHEDULED Feb 11 Thursday 01:30 PM NO MEETING SCHEDULED 1999-02-08 Senate Journal Page 0192 FINANCE SUBCOMMITTEES FISH & GAME SENATE FINANCE 532 Feb 08 Monday 12:15 PM ---------------------------------------- LABOR CAPITOL ROOM 124 Feb 12 Friday 08:00 AM JOINT W/(H) LABOR SUBCOMMITTEE OVERVIEW ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES SENATE FINANCE 532 Feb 16 Tuesday 02:30 PM JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW FAHRENKAMP ROOM 203 Feb 11 Thursday 03:30 PM ORGANIZATIONAL MEETING ---------------------------------------- LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 Feb 12 Friday 12:00 PM ---------------------------------------- SELECT CMTE ON LEGISLATIVE ETHICS BELTZ ROOM 211 Feb 10 Wednesday 08:00 AM OPEN SESSION OF FULL COMMITTEE 1999-02-08 Senate Journal Page 0193 OTHER MEETINGS ANCHORAGE CAUCUS SENATE FINANCE 532 Feb 10 Wednesday 11:45 AM ---------------------------------------- COMMITTEE ON COMMITTEES BUTROVICH RM 205 Feb 10 Wednesday UPON RECESS ---------------------------------------- CHILDRENS CAUCUS BUTROVICH ROOM 205 Feb 09 Tuesday 12:00 PM MEETING CANCELLED ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM 205 Feb 08 Monday 11:25 AM ---------------------------------------- STATE OF THE ECONOMY FORUM CENTENNIAL HALL Feb 09 Tuesday 08:00 AM