Legislature(1999 - 2000)

1999-02-26 Senate Journal

Full Journal pdf

1999-02-26                     Senate Journal                      Page 0373
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    TWENTY-FIRST LEGISLATURE - FIRST SESSION                   
                                                                               
Juneau, Alaska                                                                 
                                                                               
                                Thirty-ninth Day                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:05 a.m.                                                           
                                                                               
The roll showed thirteen members present. Senators Adams, Halford,             
Hoffman, Pete Kelly, Mackie, Miller, Wilken were excused from a                
call of the Senate.                                                            
                                                                               
The prayer was offered by the Chaplain, Senator Taylor. Senator                
Elton moved and asked unanimous consent that the prayer be spread.             
Without objection, it was so ordered.                                          
                                                                               
Father, when we feel alone and burdened, let us feel                          
Your gentle touch. Be with us this day as we make                              
decisions that involve those who trust us. Teach us                            
the marvelous lesson that it is very possible we may                           
be mistaken occasionally. When we are wrong,                                   
make us willing to admit it and when we are right,                             
make us easy to live with.                    Amen.                            
                                                                               
Senator Lincoln led the Senate in the Pledge of Allegiance.                    
                                                                               
                                                                               
                                Certification                                
                                                                               
Senator Leman, Acting Majority Leader, moved and asked unanimous               
consent that the journal for the thirty-eighth legislative day be              
approved as certified by the Secretary. Without objection, it was so           
ordered.                                                                       
                                                                               
                                                                               
                                      373                                      

1999-02-26                     Senate Journal                      Page 0374
                                Communications                               
                                                                               
The following reports are on file in the Office of the Secretary of            
the Senate:                                                                    
                                                                               
Employment and Earnings of Participants in Selected Alaska Training            
Programs - FY 1997                                                             
from Mike Andrews, Executive Director, Alaska Human Resource                   
Investment Council                                                             
in accordance with AS 44.19.626                                                
                                                                               
Alaska Human Resource Investment Council Annual Report 1998                    
from Mike Andrews, Executive Director                                          
in accordance with AS 44.19.626                                                
                                                                               
                                                                               
                          Standing Committee Reports                         
                                                                               
SB 29                                                                        
The Labor and Commerce Committee considered SENATE BILL                        
NO. 29 An Act relating to licensure of physicians; and providing               
for an effective date and recommended it be replaced with                      
                                                                               
CS FOR SENATE BILL NO. 29(L&C)                                                
                                                                               
Signing no recommendation: Senator Mackie, Chair, Senators Tim                 
Kelly, Donley. Signing do pass: Senator Leman.                                 
                                                                               
Zero fiscal note published today from Department of Commerce and               
Economic Development.                                                          
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
                                                                               

1999-02-26                     Senate Journal                      Page 0375
                         Introduction and Reference of                        
                              Senate Resolutions                              
                                                                               
SJR 12                                                                       
SENATE JOINT RESOLUTION NO. 12 BY SENATORS TIM                                 
KELLY, Phillips,                                                               
                                                                               
Relating to new evaluation and selection criteria for                         
military base realignment and closure actions.                                 
                                                                               
was read the first time and referred to the Community and Regional             
Affairs Committee.                                                             
                                                                               
SJR 13                                                                       
SENATE JOINT RESOLUTION NO. 13 BY SENATOR WARD,                                
                                                                               
Relating to the membership of the Pacific Salmon                              
Commission.                                                                    
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
                  Introduction and Reference of Senate Bills                 
                                                                               
SB 10                                                                        
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10 BY                                   
SENATOR DONLEY, entitled:                                                      
                                                                               
An Act requiring a utility that provides services in                          
a municipality with a population of more than                                  
100,000 to have an ongoing program of placing                                  
existing overhead utility lines underground; and                               
relating to rates for recovering the cost of placing                           
existing overhead utility lines underground.                                   
                                                                               
was read the first time and referred to the Labor and Commerce and             
Finance Committees.                                                            
                                                                               
                                                                               

1999-02-26                     Senate Journal                      Page 0376
SB 89                                                                        
SENATE BILL NO. 89 BY SENATOR ELLIS, entitled:                                 
                                                                               
An Act relating to the provision of services for                              
persons with handicaps; substituting, in the chapter                           
relating to the rights of persons with handicaps and                           
programs for the benefit of persons with handicaps,                            
references to disabilities for references to                                   
handicaps; correcting references in that chapter in                            
certain definitions; and correcting in that chapter a                          
reference to an act under which federal financial                              
support is provided for the support of education of                            
the handicapped.                                                               
                                                                               
was read the first time and referred to the Judiciary and Health,              
Education and Social Services Committees.                                      
                                                                               
SB 90                                                                        
SENATE BILL NO. 90 BY SENATOR TAYLOR, entitled:                                
                                                                               
An Act providing that the state has exclusive                                 
jurisdiction to manage fish and game; providing that                           
the state is the only entity to which the federal                              
government may delegate jurisdiction over                                      
management of fish and game; and providing that a                              
state agency or employee may not engage in law                                 
enforcement activities to enforce a federal law that                           
preempts or supersedes state management of fish                                
and game.                                                                      
                                                                               
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
                                                                               

1999-02-26                     Senate Journal                      Page 0377
SB 91                                                                        
SENATE BILL NO. 91 BY SENATOR TAYLOR, entitled:                                
                                                                               
An Act relating to enforcement of subsistence                                 
hunting and fishing laws; and repealing the authority                          
of the commissioner of fish and game to assist in                              
the enforcement of federal laws and regulations                                
pertaining to fish and game.                                                   
                                                                               
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
                                                                               
                        Consideration of the Calendar                        
                                                                               
                                  Citations                                  
                                                                               
Honoring - Roy Bailey                                                          
Representative(s) Grussendorf                                                  
Senator(s) Taylor, Lincoln, Hoffman, Pearce, Parnell, Tim Kelly, Pete          
Kelly, Elton, Mackie, Leman                                                    
                                                                               
Senator Leman, Acting Majority Leader, moved and asked unanimous               
consent that the citation be adopted. Without objection, the citation          
was adopted and referred to the Secretary for transmittal.                     
                                                                               
                                                                               
                             Unfinished Business                             
                                                                               
Senator Leman, Acting Majority Leader, moved and asked unanimous               
consent that the Senate return to Messages from the House. There               
being no objection the Senate returned to:                                     
                                                                               
                           Messages from the House                           
                                                                               
Message dated February 16 was read, stating:                                   
                                                                               
                                                                               

1999-02-26                     Senate Journal                      Page 0378
The House of Representatives respectfully invites the Senate to a              
Joint Session of the Twenty-first Alaska Legislature at 11:00 a.m. on          
Friday, March 5 for the purpose of hearing Chief Justice Warren                
Matthews State of the Judiciary message.                                       
                                                                               
Senator Leman, Acting Majority Leader, moved and asked unanimous               
consent that the Senate accept the House invitation to meet in Joint           
Session. Senator Taylor objected.                                              
                                                                               
The question being: Shall the Senate accept the House invitation to            
Joint Session? The roll was taken with the following result:                   
                                                                               
Accept House Invitation                                                        
State of Judiciary                                                             
March 5                                                                        
                                                                               
YEAS:  9   NAYS:  4   EXCUSED:  7   ABSENT:  0                               
                                                                               
Yeas:  Ellis, Elton, Green, Leman, Lincoln, Parnell, Pearce, Phillips,         
Torgerson                                                                      
                                                                               
Nays:  Donley, Kelly Tim, Taylor, Ward                                         
                                                                               
Excused:  Adams, Halford, Hoffman, Kelly Pete, Mackie, Miller,                 
Wilken                                                                         
                                                                               
and so, the Senate accepted the House invitation to Joint Session.             
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
                                                                               
                             Unfinished Business                             
                                                                               
Senator Ellis moved and asked unanimous consent that he be                     
excused from a call of the Senate until plane time on March 3.                 
Without objection, Senator Ellis was excused.                                  
                                                                               
                                                                               
                                Announcements                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               

1999-02-26                     Senate Journal                      Page 0379
                                  Enrollment                                 
                                                                               
SCR 5                                                                        
SENATE CONCURRENT RESOLUTION NO. 5 am H Authorizing                            
two recesses by the Senate and the House of Representatives for                
periods of more than three days, was enrolled, signed by the                   
President and Secretary, Speaker and Chief Clerk and the engrossed             
and enrolled copies transmitted to the Office of the Governor at               
2:00 p.m., February 26, 1999.                                                  
                                                                               
                                                                               
                                 Adjournment                                 
                                                                               
Senator Leman, Acting Majority Leader, moved and asked unanimous               
consent that the Senate stand in adjournment until 11:00 a.m., March           
3, 1999. Without objection, the Senate adjourned at 11:22 a.m.                 
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                         February 1999         

1999-02-26                     Senate Journal                      Page 0380
                                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                                    
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                               FAHRENKAMP RM 203                               
Mar 03                         Wednesday 01:30 PM                              
	SB  80PUB.ASSISTANCE:PROGRAMS/GRANTS/CONTRACTS                               
	HB  22INVESTIGATIONS BY MUNICIPAL ASSESSOR                                   
                                                                               
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
Feb 26                          Friday 09:00 AM                                
=	SB  30OPERATING BUDGET APPROPRIATIONS                                       
	FRONT SECTION                                                                
+=	SB  83SUPPLEMENTAL/CAPITAL APPROPS                                         
=	SB  72CONSTIT BUD RES. FUND APPROP                                          
                                                                               
Mar 01                          Monday 09:00 AM                                
	NO MEETING SCHEDULED                                                         
	                                                                             
Mar 02                          Tuesday 09:00 AM                               
	NO MEETING SCHEDULED                                                         
                                                                               
Mar 03                         Wednesday 08:00 AM                              
	KEY CAMPAIGN 12TH ANNUAL PRESENTATION                                        
=	SB  83SUPPLEMENTAL/CAPITAL APPROPS                                          
=	SB  72CONSTIT BUD RES. FUND APPROP                                          
                                                                               
                                                                               

1999-02-26                     Senate Journal                      Page 0381
                                   FINANCE                                   
Mar 04                         Thursday 08:00 AM                               
+=	SB   7INCREASE LAND GRANT TO UNIV. OF ALASKA                               
+=	SB  33TASK FORCE ON PRIVATIZATION                                          
=	SB  83SUPPLEMENTAL/CAPITAL APPROPS                                          
=	SB  72CONSTIT BUD RES. FUND APPROP                                          
                                                                               
Mar 04                         Thursday 05:15 PM                               
=	SB  83SUPPLEMENTAL/CAPITAL APPROPS                                          
=	SB  72CONSTIT BUD RES. FUND APPROP                                          
                                                                               
Mar 05                          Friday 09:00 AM                                
=	SB  83SUPPLEMENTAL/CAPITAL APPROPS                                          
=	SB  72CONSTIT BUD RES. FUND APPROP                                          
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
Mar 01                          Monday 01:30 PM                                
	NO MEETING SCHEDULED                                                         
                                                                               
Mar 03                         Wednesday 01:30 PM                              
	LONG TERM CARE TASK FORCE LEGISLATION:                                       
	SB  56HOME HEALTH AGENCIES/HOSPITALS/HOSPICES                                
	SB  57CARE FOR VULNERABLE ADULTS                                             
	SB  58SERVICES FOR ADULTS WITH LONG-TERM NEEDS                               
	SB  59CERTIFICATES OF NEED FOR HEALTH FACILITY                               
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
Feb 26                          Friday 01:30 PM                                
+=	SB  69ADVISORY VOTE ON ELECTED AG                                          
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Mar 01                          Monday 01:30 PM                                
	NO MEETING SCHEDULED                                                         
                                                                               
Mar 03                         Wednesday 01:30 PM                              
=	SB   5MISPRISION OF FELONY                                                  
	SJR  9CONST. AM: WAYS AND MEANS BILLS                                        
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Mar 05                          Friday 01:30 PM                                
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             

1999-02-26                     Senate Journal                      Page 0382
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
Mar 02                          Tuesday 01:30 PM                               
	NO MEETING SCHEDULED                                                         
                                                                               
Mar 04                         Thursday 01:30 PM                               
+	SB   9PERS CREDIT FOR NONCERTIFICATED EMPLOYEES                             
+	SB  85CREDITED SERVICE FOR TEMP EMPLOYEES:PERS                              
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
Feb 26                          Friday 03:00 PM                                
	NO MEETING SCHEDULED                                                         
                                                                               
Mar 01                          Monday 03:00 PM                                
	NO MEETING SCHEDULED                                                         
                                                                               
Mar 03                         Wednesday 03:00 PM                              
+	OVERVIEW: PROPOSED CHENIK INSTITUTE                                         
	LEASE - MCNEIL RIVER STATE GAME REFUGE                                       
	BRIEFING: TULSEQUAH CHIEF MINE UPDATE                                        
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Mar 05                          Friday 03:00 PM                                
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
Mar 02                          Tuesday 03:30 PM                               
	NO SCHEDULED MEETING                                                         
                                                                               
Mar 04                         Thursday 03:30 PM                               
	SB   8MINIMUM REQUIRED PLUMBING FACILITIES                                   
=	SB  46NAMING THE CAPITAL SCHOOL BLDG.                                       
	SJR  8FAIR AND ACCURATE CENSUS                                               
	SJR 10CONST AM: SUPERMAJORITY FOR TAX LEVIES                                 
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
	                                                                             
                    ----------------------------------------                   
                                                                               
                                                                               

1999-02-26                     Senate Journal                      Page 0383
                                TRANSPORTATION                               
                               BUTROVICH ROOM 205                              
Mar 02                          Tuesday 01:30 PM                               
	NO MEETING SCHEDULED                                                         
                                                                               
Mar 04                         Thursday 01:30 PM                               
	NO MEETING SCHEDULED                                                         
                                                                               
                                                                               
                            FINANCE SUBCOMMITTEES                            
                                                                               
                       COMMERCE & ECONOMIC DEVELOPMENT                       
                               HOUSE FINANCE 519                               
Mar 04                         Thursday 04:00 PM                               
+	JOINT W/H DCED SUBCOMMITTEE                                                 
	DEPARTMENT OVERVIEW CONTINUED                                                
                    ----------------------------------------                   
                                                                               
                        COMMUNITY AND REGIONAL AFFAIRS                       
                                  CAPITOL 408                                  
Mar 04                         Thursday 03:00 PM                               
                                                                               
Mar 11                         Thursday 03:00 PM                               
	                                                                             
Mar 18                         Thursday 03:00 PM                               
	                                                                             
Mar 25                         Thursday 03:00 PM                               
	                                                                             
                    ----------------------------------------                   
                                                                               
                          ENVIRONMENTAL CONSERVATION                         
                                 BELTZ ROOM 211                                
Mar 03                         Wednesday 03:30 PM                              
	REVISED SCHEDULE                                                             
	OVERVIEW: FACILITY CONSTRUCTION AND                                          
	OPERATION (MISSION STATEMENT);                                               
	MEASURES: WATER QUALITY, STORAGE TANK                                        
	ASSISTANCE, FOOD SAFETY AND SANITATION                                       
                    ----------------------------------------                   
	                                                                              
                                    LABOR                                    
                                  CAPITOL 124                                  
Feb 26                          Friday 08:00 AM                                
	-- MEETING CANCELLED --                                                      
	JOINT W/(H) LABOR SUBCOMMITTEE                                               
	DEPARTMENT OVERVIEW CONTINUED                                                

1999-02-26                     Senate Journal                      Page 0384
                            FINANCE SUBCOMMITTEES                            
                                                                               
                                    LABOR                                    
Mar 05                          Friday 08:00 AM                                
	JOINT W/(H) LABOR SUBCOMMITTEE                                               
	DEPARTMENT OVERVIEW CONTINUED                                                
                    ----------------------------------------                   
                                                                               
                              NATURAL RESOURCES                              
                               SENATE FINANCE 532                              
Mar 04                         Thursday 04:00 PM                               
                                                                              
Mar 11                         Thursday 04:00 PM                               
	                                                                              
Mar 18                         Thursday 04:00 PM                               
	                                                                             
Mar 25                         Thursday 04:00 PM                               
	                                                                             
Apr 01                         Thursday 04:00 PM                               
                                                                               
                    ----------------------------------------                   
                                                                               
                                PUBLIC SAFETY                                
                               FAHRENKAMP RM 203                               
Mar 04                         Thursday 05:00 PM                               
	DEPARTMENT OVERVIEW                                                          
                    ----------------------------------------                   
                                                                               
                                   REVENUE                                   
                              FAHRENKAMP ROOM 203                              
Mar 04                         Thursday 03:45 PM                               
	OVERVIEW AND MISSION STATEMENTS FOR                                          
	PERMANENT FUND CORPORATION                                                   
                                                                               
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                          LEGISLATIVE BUDGET & AUDIT                         
                               HOUSE FINANCE 519                               
Mar 19                          Friday 12:00 PM                                
	                                                                             
                                                                               
                                                                               

1999-02-26                     Senate Journal                      Page 0385
                                OTHER MEETINGS                               
                                                                               
                               MINORITY CAUCUS                               
                               GOVERNOR'S CONF RM                              
Feb 26                          Friday 03:00 PM                                
	JOINT W/(H) MINORITY