Legislature(1999 - 2000)
1999-03-30 Senate Journal
Full Journal pdf1999-03-30 Senate Journal Page 0731 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska Seventy-first Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:15 a.m. The roll showed nineteen members present. Senator Parnell was absent. The prayer was offered by the Chaplain, Pastor Leon Thompson of Chapel by the Lake Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear God, We thank You for a new day and the challenges that come to us in this day. We pray for the senators this day and the work that stands before them. The challenges of budget, laws to be established and passed and many other decisions to be made during these remaining days of the session. The tasks seem overwhelming at times, but we pray for Your guidance and direction in all these matters of government. Bless the Senate and the House this day with Your presence. Our hearts are heavy in relationship to the Province of Kosovo in Yugoslavia. The news overwhelms us as we watch thousands of refugees fleeing from their land in fear for their lives. We pray for those persons and for those giving aid and support. We also pray for our military and those in decision-making positions. We pray for safety and decisions that will bring a quick resolution to the conflict. We also pray for a change of heart on the part of the leader of Kosovo, President Milosevic. 731 1999-03-30 Senate Journal Page 0732 We thank You for being in this chamber this day and in the offices and committee rooms of the representatives of this great land of Alaska. May all of us in this day seek what is right and good and walk with You leading the way. This we pray to the One Who gives life, Who sustains life and Who calls us to service. Amen. Senator Tim Kelly led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journal for the seventieth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Parnell was noted. Messages from the House HB 80 Message dated March 29 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 80(STA), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 80(RLS) An Act relating to a state employment preference for certain members of the Alaska National Guard. Message dated March 29 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 94 HOUSE BILL NO. 94 BY REPRESENTATIVE KOTT, entitled: 1999-03-30 Senate Journal Page 0733 HB 94 An Act removing employees of the Alcoholic Beverage Control Board from the exempt service. was read the first time and referred to the Labor and Commerce and Finance Committees. Communications The following Budget and Audit Reports were received from Pat Davidson, Legislative Auditor, in accordance with AS 24.20.311 and are on file in the Office of the Secretary of the Senate: Department of Health and Social Services, Division of Alcoholism and Drug Abuse, December 18, 1998 Department of Health and Social Services, Division of Family and Youth Services, Follow-up, January 26, 1999 Department of Corrections, Division of Community Corrections, Point MacKenzie Rehabilitation Project, November 10, 1998 Department of Commerce and Economic Development, Alaska Public Utilities Commission, December 23, 1998 Departments of Transportation and Public Facilities and Education, University of Alaska, Alaska Court System, Art in Public Places Program, January 4, 1999 1998 Compensation and Travel Survey of Executive Management Positions, March 15, 1999 Reports available at: www.legis.state.ak.us/legaud/web/default.htm. 1999-03-30 Senate Journal Page 0734 Standing Committee Reports SB 9 Forthcoming fiscal note information received for the Health, Education and Social Services Committee Substitute (page 646) for SENATE BILL NO. 9 An Act relating to the calculation of employee contributions and credited service in the public employees retirement system for noncertificated employees of school districts, regional educational attendance areas, the Alaska Vocational Technical Center, and the state boarding schools; and providing for an effective date indicating previous fiscal note applies to the committee substitute. SB 68 The Resources Committee considered SENATE BILL NO. 68 An Act relating to cooperation with federal programs relating to management of fish and game and recommended it be replaced with CS FOR SENATE BILL NO. 68(RES) Signing do pass: Senator Halford, Chair, Senators Parnell, Green, Taylor. Signing amend: Senator Lincoln. Fiscal notes published today from Department of Fish and Game (5). Fiscal note information forthcoming. President Pearce added a Finance Committee referral to the bill. The bill was referred to the Finance Committee. SB 73 The Health, Education and Social Services Committee considered SENATE BILL NO. 73 An Act relating to assisted living homes; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 73(HES) Signing do pass: Senator Miller, Chair, Senators Wilken, Pete Kelly. Signing no recommendation: Senators Pearce, Elton. 1999-03-30 Senate Journal Page 0735 SB 73 Fiscal notes published today from Department of Health and Social Services, Department of Administration. Fiscal note information forthcoming. President Pearce added a Finance Committee referral to the bill. The bill was referred to the Finance Committee. SB 87 The Judiciary Committee considered SENATE BILL NO. 87 An Act requiring a license to sell rental car insurance and recommended the adoption of the Labor and Commerce Committee Substitute offered on page 661. Signing do pass: Senator Taylor, Chair. Signing no recommendation: Senators Torgerson, Donley, Ellis. Previous zero fiscal note. The bill was referred to the Rules Committee. SB 95 The Health, Education and Social Services Committee considered SENATE BILL NO. 95 An Act relating to the combination of grades that constitute junior high, middle, or secondary school. Signing no recommendation: Senator Miller, Chair, Senators Wilken, Pearce, Elton, Pete Kelly. Fiscal note published today from Department of Education. The bill was referred to the Finance Committee. SB 98 The Health, Education and Social Services Committee considered SENATE BILL NO. 98 An Act relating to teacher tenure. Signing no recommendation: Senator Miller, Chair, Senator Pete Kelly. Signing do pass: Senators Wilken, Pearce. Signing do not pass: Senator Elton. Zero fiscal note published today from Department of Education. 1999-03-30 Senate Journal Page 0736 SB 98 The bill was referred to the Rules Committee. SJR 19 The Judiciary Committee considered SENATE JOINT RESOLUTION NO. 19 Proposing amendments to the Constitution of the State of Alaska relating to an office of administrative hearings. Signing do pass: Senator Taylor, Chair, Senators Torgerson, Donley. Signing do not pass: Senator Ellis. Fiscal note published today from Office of the Governor. The resolution was referred to the Finance Committee. HB 27 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 27(HES) An Act relating to financial aid received for medical education and financial aid received by students participating in the Western Interstate Commission on Higher Education Professional Student Exchange Program; relating to the Western Regional Higher Education Compact; and providing for an effective date. Signing no recommendation: Senator Miller, Chair, Senators Wilken, Pearce, Elton. Signing do pass: Senator Pete Kelly. Previous indeterminate fiscal note. The bill was referred to the Finance Committee. HJR 12 The Rules Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 12(FIN) Relating to federal claims against funds obtained by settlement of state tobacco litigation. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Ellis, Miller, Leman. The resolution is on todays calendar. 1999-03-30 Senate Journal Page 0737 HJR 21 The Rules Committee considered HOUSE JOINT RESOLUTION NO. 21 Relating to new evaluation and selection criteria for military base realignment and closure actions. Signing to calendar and do pass: Senator Tim Kelly, Chair, Senators Pearce, Miller, Leman. Signing under other recommendations: Senator Ellis. Previous House zero fiscal note. The resolution is on todays calendar. Consideration of the Calendar Second Reading of House Resolutions HJR 12 CS FOR HOUSE JOINT RESOLUTION NO. 12(FIN) Relating to federal claims against funds obtained by settlement of state tobacco litigation, was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 719. Without objection, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 12(FIN) was adopted and was read the second time. Senator Mackie moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 12(FIN) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 12(FIN) Relating to federal claims against funds obtained by settlement of state tobacco litigation, pass the Senate? The roll was taken with the following result: 1999-03-30 Senate Journal Page 0738 HJR 12 SCS CSHJR 12(FIN) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 12(FIN) passed the Senate and was referred to the Secretary for engrossment. HJR 21 HOUSE JOINT RESOLUTION NO. 21 Relating to new evaluation and selection criteria for military base realignment and closure actions, was read the second time. Senator Mackie moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE JOINT RESOLUTION NO. 21 was read the third time. Senators Tim Kelly, Mackie, Leman, Wilken, Donley, Taylor, Pete Kelly, Phillips moved and asked unanimous consent that they be shown as cross sponsors on the resolution. Without objection, it was so ordered. The question being: Shall HOUSE JOINT RESOLUTION NO. 21 Relating to new evaluation and selection criteria for military base realignment and closure actions, pass the Senate? The roll was taken with the following result: 1999-03-30 Senate Journal Page 0739 HJR 21 HJR 21 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, HOUSE JOINT RESOLUTION NO. 21 passed the Senate, was signed by the President and Secretary and returned to the House. Citations Honoring - Mary Johnstone, 1998 Milken Family Foundation National Educator Award for Excellence in Education Senator(s) Donley, Lincoln, Elton, Hoffman, Taylor, Wilken, Green, Pearce, Tim Kelly, Leman, Mackie, Halford, Ellis, Parnell Commemorating - Law Enforcement Memorial Day, May 15, 1999 Representative(s) Porter Senator(s) Ward, Donley, Adams, Lincoln, Elton, Hoffman, Taylor, Wilken, Green, Pearce, Tim Kelly, Leman, Mackie, Halford, Ellis, Parnell Honoring - Dora Estevez Representative(s) Davis Senator(s) Torgerson, Lincoln, Elton, Hoffman, Taylor, Wilken, Green, Pearce, Tim Kelly, Leman, Mackie, Parnell 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. 1999-03-30 Senate Journal Page 0740 Special Order of Business SR 2 Senator Mackie moved and asked unanimous consent that SENATE RESOLUTION NO. 2 be taken up as a Special Order of Business. Without objection, SENATE RESOLUTION NO. 2 BY SENATORS TIM KELLY, Phillips, Pearce, Dedicating the Terry Miller Gallery of the Chamber of the Alaska Senate to Cliff Groh. was read and was before the Senate on final passage. Senators Halford, Ward, Green, Taylor, Wilken, Miller, Leman, Parnell, Mackie, Pete Kelly, Donley moved and asked unanimous consent that they be shown as cosponsors on the resolution. Without objection, it was so ordered. Senator Tim Kelly moved and asked unanimous consent for the adoption of SENATE RESOLUTION NO. 2. Without objection, SENATE RESOLUTION NO. 2 Dedicating the Terry Miller Gallery of the Chamber of the Alaska Senate to Cliff Groh, passed the Senate and was referred to the Secretary for engrossment and enrollment. Unfinished Business SB 4 Senator Wilken moved and asked unanimous consent that he be shown as a cosponsor on 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. Without objection, it was so ordered. 1999-03-30 Senate Journal Page 0741 HJR 13 Senators Wilken, Leman, Taylor, Tim Kelly moved and asked unanimous consent that they be shown as cross sponsors on CS FOR HOUSE JOINT RESOLUTION NO. 13(FIN) Relating to using oil spill settlement funds to create a long-term research and monitoring endowment. Without objection, it was so ordered. Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate on April 9. Without objection, Senator Lincoln was excused. Announcements Announcements are at the end of the journal. Engrossment HJR 12 SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 12(FIN) Relating to federal claims against funds obtained by settlement of state tobacco litigation, was engrossed, signed by the President and Secretary and returned to the House for consideration. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 31, 1999. Without objection, the Senate adjourned at 11:51 a.m. Nancy Quinto Secretary of the Senate March 1999 1999-03-30 Senate Journal Page 0742 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 Mar 30 Tuesday 8:00 AM + SB 4OFFICE OF VICTIMS' RIGHTS SB 100REIMBURSEMENT FOR PUBLIC DEFENDER + BALANCED BUDGET PLAN PRESENTATIONS: -SENATOR TIM KELLY, ALASKA MUNICIPAL LEAGUE, SENATOR TAYLOR, ROGER CREMO BILLS PREVIOUSLY HEARD/SCHEDULED Mar 31 Wednesday 8:00 AM += SB 9PERS CREDIT FOR NONCERTIFICATED EMPLOYEES += SB 85CREDITED SERVICE FOR TEMP EMPLOYEES:PERS += SB 33TASK FORCE ON PRIVATIZATION BALANCED BUDGET PLAN PRESENTATIONS: -PERMANENT FUND CORPORATION, JIM KELLY BILLS PREVIOUSLY HEARD/SCHEDULED Mar 31 Wednesday 6:00 PM = SB 101DEFINITION OF DISASTER += SB 24 REGULATIONS: ADOPTION & JUDICIAL REVIEW + SB 113FINANCES OF ALASKA HOUSING FINANCE CORP + SB 421999 REVISOR'S BILL + SB 84CIGARETTE SALES: AGREEMENT/ESCROW BILLS PREVIOUSLY HEARD/SCHEDULED Apr 01 Thursday 8:00 AM BILLS PREVIOUSLY HEARD/SCHEDULED + BALANCED BUDGET PLAN PRESENTATIONS: -PUBLIC TESTIMONY -LEGISLATIVE FINANCE 1999-03-30 Senate Journal Page 0743 FINANCE Apr 02 Friday 9:00 AM NO MEETING SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Mar 31 Wednesday 1:30 PM BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- JUDICIARY BELTZ 211 Mar 31 Wednesday 1:30 PM NO MEETING SCHEDULED Apr 02 Friday 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP 203 Mar 30 Tuesday 1:30 PM + SB 107ABOLISH TOURISM MARKETING COUNCIL Apr 01 Thursday 1:30 PM NO MEETING SCHEDULED ---------------------------------------- RESOURCES BUTROVICH 205 Mar 31 Wednesday 3:00 PM + HJR 11ENDORSING ANWR LEASING + HJR 13UNIVERSITY ENDOWMENT FOR RESEARCH BILLS PREVIOUSLY HEARD/SCHEDULED Apr 02 Friday 3:00 PM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP 203 Mar 30 Tuesday 11:50 AM SB 98TEACHER TENURE SB 87RENTAL CAR INSURANCE ---------------------------------------- 1999-03-30 Senate Journal Page 0744 STATE AFFAIRS BELTZ 211 Mar 30 Tuesday 3:30 PM NO MEETING SCHEDULED Apr 01 Thursday 3:30 PM SB 102TROOPER HECK MEMORIAL CORRIDOR SCR 6UNIVERSITY OF ALASKA ANNUAL REPORT BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- TRANSPORTATION BUTROVICH 205 Mar 30 Tuesday 1:30 PM = HB 2REGISTRATION PLATES FOR DISABLED = HB 12RAIL/UTILITY EASEMENT TO AK-CANADA BORDER Apr 01 Thursday 1:30 PM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES ADMINISTRATION BUTROVICH 205 Mar 31 Wednesday 12:30 PM ALASKA PROFESSIONAL DEVELOPMENT INSTITUTE OTHER RELATED TOPICS ---------------------------------------- FISH & GAME SENATE FINANCE 532 Mar 31 Wednesday 12:15 PM ---------------------------------------- HEALTH & SOCIAL SERVICES CAPITOL 408 Mar 30 Tuesday 3:00 PM MISSION STATEMENTS AND MEASURES ADOPTION ---------------------------------------- NATURAL RESOURCES SENATE FINANCE 532 Apr 01 Thursday 4:00 PM ---------------------------------------- 1999-03-30 Senate Journal Page 0745 FINANCE SUBCOMMITTEES TRANSPORTATION & PUBLIC FACILITIES SENATE FINANCE 532 Mar 30 Tuesday 2:30 PM + OTHER MEETINGS ANCHORAGE CAUCUS SENATE FINANCE 532 Mar 30 Tuesday 12:00 PM IF SENATE OR HOUSE FLOOR SESSIONS CONTINUE PAST 12:15 P.M. CAUCUS WILL BE CANCELLED ---------------------------------------- CHILDREN'S CAUCUS BUTROVICH 205 Apr 06 Tuesday 12:00 PM CHILD ABUSE AWARENESS CAMPAIGN Apr 20 Tuesday 12:00 PM EARLY BRAIN DEVELOPMENT Apr 27 Tuesday 12:00 PM SAFE SCHOOLS PRESENTATION ---------------------------------------- MAJORITY CAUCUS SPEAKER'S CHAMBER Mar 30 Tuesday 4:30 PM JOINT SENATE AND HOUSE MAJORITY CAUCUS WITH CONGRESSMAN DON YOUNG BUTROVICH 205 Mar 30 Tuesday 6:00 PM