Legislature(1999 - 2000)

1999-04-16 Senate Journal

Full Journal pdf

1999-04-16                     Senate Journal                      Page 0945
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    TWENTY-FIRST LEGISLATURE - FIRST SESSION                   
                                                                               
Juneau, Alaska                                                                 
                                                                               
                               Eighty-eighth Day                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:24 a.m.                                                           
                                                                               
The roll showed fifteen members present. Senators Ellis, Halford,              
Tim Kelly, Miller, Taylor were excused from a call of the Senate.              
                                                                               
The prayer was offered by the Chaplain, Pastor Richard Green of the            
Glacier Valley Church of God. Senator Hoffman moved and asked                  
unanimous consent that the prayer be spread. Without objection, it             
was so ordered.                                                                
                                                                               
The Lord is my rock and my fortress and my                                    
deliverer; my God, my strength in whom I will                                  
trust; my shield and the horn of my salvation, my                              
stronghold. I will call upon the Lord, who is worthy                           
to be praised. The Lord lives! Blessed be my Rock!                             
Let the God of my salvation be exalted! (Psalm                                 
18:1,2,46)                                                                     
                                                                               
We come to You with praise and thanksgiving for                               
who You are and what You have done for us. We                                  
seek Your face for the counsel and the wisdom we                               
need to fulfill Your will in and through our lives.                            
Again we confess our need of You and the                                       
provisions of Your grace.                                                      
                                                                               
Now God of peace, ...make us perfect in every                                 
good work to do Your will, working in us that                                  
which is well pleasing in Your sight, through Jesus                            
Christ; to whom be glory forever and ever. (Heb                                
13:20-21)                                      Amen.                           
                                                                               
                                      945                                      

1999-04-16                     Senate Journal                      Page 0946
Senator Parnell led the Senate in the Pledge of Allegiance.                    
                                                                               
                                                                               
                                Certification                                
                                                                               
Senator Mackie moved and asked unanimous consent that the journal              
for the eighty-seventh legislative day be approved as certified by the         
Secretary. Without objection, it was so ordered.                               
                                                                               
                                                                               
                           Messages from the House                           
                                                                               
SB 46                                                                        
Message dated April 15 was read, stating the House passed CS FOR               
SENATE BILL NO. 46(RLS) with the following amendment:                          
                                                                               
Page 1, following line 7:                                                      
	Insert a new bill section to read:                                            
	"*Sec. 3.  The legislative council shall prepare and install an             
appropriate plaque on the Terry Miller Legislative Office Building             
honoring the history of the building as a community school for many            
decades. The historic information shall be provided by the Juneau              
Douglas City Museum."                                                          
                                                                               
and so, CS FOR SENATE BILL NO. 46(RLS) am H An Act                             
naming the Terry Miller Legislative Office Building is returned for            
consideration.                                                                 
                                                                               
Senator Mackie moved that the Senate concur in the House                       
amendment.                                                                     
                                                                               
The question being: Shall the Senate concur in the House                       
amendment? The roll was taken with the following result:                       
                                                                               
                                                                               

1999-04-16                     Senate Journal                      Page 0947
SB 46                                                                        
                                                                               
CSSB 46(RLS) am H                                                              
Shall the Senate Concur in the House                                           
Amendment to CSSB 46(RLS)?                                                     
                                                                               
YEAS:  15   NAYS:  0   EXCUSED:  5   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Elton, Green, Hoffman, Kelly Pete, Leman,                
Lincoln, Mackie, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken            
                                                                               
Excused:  Ellis, Halford, Kelly Tim, Miller, Taylor                            
                                                                               
and so, the Senate concurred in the House amendment, thus adopting             
CS FOR SENATE BILL NO. 46(RLS) am H An Act naming the                          
Terry Miller Legislative Office Building.                                      
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
Message dated April 16 was read, stating the House passed and                  
transmitted for consideration:                                                 
                                                                               
                  First Reading and Reference of House Bills                 
                                                                               
HB 161                                                                       
CS FOR HOUSE BILL NO. 161(FIN)(efd fld) BY THE HOUSE                           
FINANCE COMMITTEE, entitled:                                                   
                                                                               
An Act relating to reduction in payments to                                   
individuals under certain benefit programs.                                    
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
                                Communications                               
                                                                               
The following resolution was received and is on file in the Office of          
the Secretary of the Senate:                                                   
                                                                               

1999-04-16                     Senate Journal                      Page 0948
Joint Resolution Memorializing the United States Senate to Ratify the          
United Nations Convention on the Elimination of All Forms of                   
Discrimination Against Women                                                   
from the State of Maine House of Representatives and Senate                    
                                                                               
                                                                               
                          Standing Committee Reports                         
                                                                               
SB 78                                                                        
The Labor and Commerce Committee considered SENATE BILL                        
NO. 78 An Act relating to the use and prescription of                          
pharmaceutical agents in the practice of optometry. Signing do pass:           
Senator Mackie, Chair, Senator Leman. Signing no recommendation:               
Senators Donley, Tim Kelly, Hoffman.                                           
                                                                               
Zero fiscal note published today from Department of Commerce and               
Economic Development.                                                          
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 132                                                                       
The Resources Committee considered SENATE BILL NO. 132 An                      
Act transferring some of the functions of the Department of                    
Environmental Conservation to the Department of Natural Resources;             
and providing for an effective date and recommended it be replaced             
with                                                                           
                                                                               
CS FOR SENATE BILL NO. 132(RES) An Act                                        
relating to the powers and duties of the Department                            
of Natural Resources, transferring some of the                                 
functions of the Department of Environmental                                   
Conservation to the Department of Natural                                      
Resources, and modifying the Department of Natural                             
Resources power to control and manage land within                              
the Hatcher Pass Public Use Area and authorizing                               
municipal selection of that land; and providing for                            
an effective date.                                                             
                                                                               
                                                                               

1999-04-16                     Senate Journal                      Page 0949
SB 132                                                                       
Signing do pass: Senator Halford, Chair. Signing no recommendation:            
Senators Mackie, Parnell, Pete Kelly. Signing do not pass: Senator             
Lincoln.                                                                       
                                                                               
Fiscal note published today from Department of Natural Resources.              
Zero fiscal note published today from Department of Environmental              
Conservation.                                                                  
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
HB 128                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
128(RLS) An Act relating to lease-purchases of personal property.              
Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Pearce,         
Miller, Leman.                                                                 
                                                                               
The bill is on todays calendar.                                                
                                                                               
                                                                               
                         Introduction and Reference of                        
                              Senate Resolutions                              
                                                                               
SJR 22                                                                       
SENATE JOINT RESOLUTION NO. 22 BY SENATORS GREEN,                              
Pearce,                                                                        
                                                                               
Relating to the National Museum of Womens                                     
History and the National Museum of Womens                                      
History Alaska Council.                                                        
                                                                               
was read the first time and referred to the Health, Education and              
Social Services Committee.                                                     
                                                                               
                                                                               
                  Introduction and Reference of Senate Bills                 
                                                                               
SB 156                                                                       
SENATE BILL NO. 156 BY THE SENATE COMMUNITY AND                                
REGIONAL AFFAIRS COMMITTEE BY REQUEST, entitled:                               

1999-04-16                     Senate Journal                      Page 0950
SB 156                                                                       
An Act relating to municipal incorporation, to                                
reclassification of cities, to municipal boundary                              
changes, and to dissolution of municipalities.                                 
                                                                               
was read the first time and referred to the Community and Regional             
Affairs and Finance Committees.                                                
                                                                               
SB 157                                                                       
SENATE BILL NO. 157 BY THE SENATE FINANCE                                      
COMMITTEE, entitled:                                                           
                                                                               
An Act relating to power cost equalization; and                               
providing for an effective date.                                               
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
                        Consideration of the Calendar                        
                                                                               
                        Second Reading of House Bills                        
                                                                               
HB 128                                                                       
CS FOR HOUSE BILL NO. 128(RLS) An Act relating to lease-                       
purchases of personal property was read the second time.                       
                                                                               
Senator Mackie moved and asked unanimous consent that the bill be              
advanced to third reading and placed on final passage. Without                 
objection, it was so ordered.                                                  
                                                                               
CS FOR HOUSE BILL NO. 128(RLS) was read the third time.                        
                                                                               
The question being: Shall CS FOR HOUSE BILL NO. 128(RLS)                       
An Act relating to lease-purchases of personal property pass the               
Senate? The roll was taken with the following result:                          
                                                                               
                                                                               

1999-04-16                     Senate Journal                      Page 0951
HB 128                                                                       
                                                                               
CSHB 128(RLS)                                                                  
Third Reading - Final Passage                                                  
                                                                               
YEAS:  11   NAYS:  4   EXCUSED:  5   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Hoffman, Kelly Pete, Leman, Mackie, Parnell,             
Pearce, Phillips, Torgerson, Wilken                                            
                                                                               
Nays:  Adams, Elton, Lincoln, Ward                                             
                                                                               
Excused:  Ellis, Halford, Kelly Tim, Miller, Taylor                            
                                                                               
and so, CS FOR HOUSE BILL NO. 128(RLS) passed the Senate.                      
                                                                               
Senator Ward gave notice of reconsideration.                                   
                                                                               
                                                                               
                                  Citations                                  
                                                                               
Honoring - Alaskas Veterans of Underage Military Service                       
Representative(s) Mulder                                                       
Senator(s) Phillips, Wilken, Parnell, Lincoln, Hoffman, Adams,                 
Leman, Miller, Elton, Mackie, Green, Pearce, Tim Kelly, Taylor,                
Ward, Pete Kelly                                                               
                                                                               
In Memoriam - William Atausiq Stalker, Sr.                                     
Representative(s) Joule                                                        
Senator(s) Adams, Wilken, Lincoln, Hoffman, Leman, Elton, Mackie,              
Green, Pearce, Tim Kelly, Taylor, Pete Kelly                                   
                                                                               
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.                                 
                                                                               
                                                                               

1999-04-16                     Senate Journal                      Page 0952
                             Unfinished Business                             
                                                                               
HB 127                                                                       
President Pearce added a Judiciary Committee referral to CS FOR                
HOUSE BILL NO. 127(L&C) An Act relating to the sale of                         
studded tires; and providing for an effective date.                            
                                                                               
The bill is currently in the Transportation Committee, with a further          
referral to the Judiciary Committee.                                           
                                                                               
                                                                               
                                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., April 19, 1999. Without                 
objection, the Senate adjourned at 11:40 a.m.                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                            April 1999         

1999-04-16                     Senate Journal                      Page 0953
                                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 203                                
Apr 19                          Monday 01:30 PM                                
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Apr 21                         Wednesday 01:30 PM                              
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Apr 23                          Friday 01:30 PM                                
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
Apr 16                          Friday 09:00 AM                                
=	SB  30OPERATING BUDGET APPROPRIATIONS                                       
=	HB  50OPERATING BUDGET APPROPRIATIONS                                       
=	SB  31MENTAL HEALTH APPROPRIATIONS                                          
=	HB  51MENTAL HEALTH APPROPRIATIONS                                          
                                                                               
Apr 17                         Saturday 10:00 AM                               
		--MEETING CANCELLED--                                                        
=	SB  30OPERATING BUDGET APPROPRIATIONS                                       
=	HB  50OPERATING BUDGET APPROPRIATIONS                                       
=	SB  31MENTAL HEALTH APPROPRIATIONS                                          
=	HB  51MENTAL HEALTH APPROPRIATIONS                                          
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
                                                                               

1999-04-16                     Senate Journal                      Page 0954
                                   FINANCE                                   
Apr 19                          Monday 09:00 AM                                
+=	SB  93NAMES OF ORGANIZATIONS & BUSINESSES                                  
+=	SB 113FINANCES OF ALASKA HOUSING FINANCE CORP                              
+=	SB 128STORAGE TANK ASSISTANCE FUND                                         
+=	SB 129M/V MALASPINA ACCOUNT                                                
=	HB  50OPERATING BUDGET APPROPRIATIONS                                       
=	HB  51MENTAL HEALTH APPROPRIATIONS                                          
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Apr 19                          Monday 06:00 PM                                
=	HB  50OPERATING BUDGET APPROPRIATIONS                                       
=	HB  51MENTAL HEALTH APPROPRIATIONS                                          
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Apr 20                          Tuesday 09:00 AM                               
=	HB  50OPERATING BUDGET APPROPRIATIONS                                       
=	HB  51MENTAL HEALTH APPROPRIATIONS                                          
+	SB 132TRANSFERRING CERTAIN DEC FUNCTIONS                                    
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Apr 20                          Tuesday 06:00 PM                               
+=	SB  73ASSISTED LIVING FACILITIES                                           
+=	SB 106REMAND OF HEALTH FACILITY PAYMNT DECISION                            
+=	SB 107ABOLISH TOURISM MARKETING COUNCIL                                    
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Apr 21                         Wednesday 08:00 AM                              
+	SB 146COM. FISH LICENSE/FISHERMEN'S FUND                                    
+	SB 147VILLAGE SAFE WATER ACT                                                
+	SB 148AIRPORT LANDING FEES                                                  
+	SB  10OVERHEAD UTILITY LINES UNDERGROUND                                    
+	SB  29REQUIREMENTS FOR PHYSICIAN'S LICENSE                                  
+	SB 123PUBLIC INTEREST LITIGANT: FEES                                        
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Apr 22                         Thursday 09:00 AM                               
	SB  32CAPITAL BUDGET APPROPRIATIONS                                          
=	HB  51MENTAL HEALTH APPROPRIATIONS                                          
+	SB 149TRANSPORT.PLAN/ROAD MONEY                                             
+	SB 150SMALL COMMUNITY HOUSING LOANS                                         
+	SB 151MUNICIPAL PROPERTY TAX EXEMPTIONS                                     
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
                                                                               

1999-04-16                     Senate Journal                      Page 0955
                                   FINANCE                                   
Apr 22                         Thursday 06:00 PM                               
+=	SB   4OFFICE OF VICTIMS' RIGHTS                                            
+	SB 154MUNICIPAL REVENUE SHARING                                             
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Apr 23                          Friday 08:00 AM                                
+	SB 134WELL REGULATORY COST CHARGE/CONS. TAX                                 
+	SB  68COOPERATION WITH FEDERAL AGENCIES                                     
+	SB  90STATE JURISDICTION OVER FISH & GAME                                   
+	SB  91ENFORCEMENT OF SUBSISTENCE LAWS                                       
+	SB 157POWER COST EQUALIZATION                                               
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Apr 24                         Saturday 10:00 AM                               
+=	SB   1NO MANDATORY PAROLE RELEASE WITHOUT GED                              
+=	SB   6DISPOSALS OF STATE LAND                                              
+=	SB   7INCREASE LAND GRANT TO UNIV. OF ALASKA                               
+	SB  95SCHOOL GRANT/DEBT REIMBURSEMENT                                       
+	SB 140COASTAL ZONE MANAGEMENT TO DNR                                        
	<PENDING REFERRAL>                                                           
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                                 BUTROVICH 205                                 
Apr 19                          Monday 01:30 PM                                
	SCR  8LONG-TERM CARE TASK FORCE OF 1999                                      
	SB 117INSURANCE FOR SCHOOL DISTRICTS                                         
=	SB 125SCHOOL SAFETY PLAN                                                    
=	SB 112POSTSECONDARY CLASS FOR HIGH SCHOOL                                   
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Apr 21                         Wednesday 01:30 PM                              
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                   BELTZ 211                                   
Apr 16                          Friday 01:30 PM                                
	-- MEETING CANCELLED --                                                      
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
                                                                               

1999-04-16                     Senate Journal                      Page 0956
                                  JUDICIARY                                  
Apr 19                          Monday 01:30 PM                                
+	SB 109CAMPAIGN FUNDRAISING                                                  
+=	SB  45LAND OWNER IMMUNITY/ RT-OF-WAY VACATION                              
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Apr 21                         Wednesday 01:00 PM                              
+	NO MEETING SCHEDULED                                                        
                                                                               
Apr 23                          Friday 01:30 PM                                
+=	SB 114IMPERSONATE POLICE/EMERGENCY VEHICLE                                 
+=	SB 110PROPERTY ACQUIRED BY GOVT. ENTITY                                    
+=	SJR 14ELECTION OF ATTORNEY GENERAL                                         
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                                   BELTZ 211                                   
Apr 20                          Tuesday 01:30 PM                               
+	HB  83ALASKA SECURITIES ACT                                                 
+	SB 141PROCUREMENT: CONTRACTS/SUBCONTRACTS                                   
+	SJR 21AMCHITKA ISL NUCLEAR TEST SITE WORKERS                                
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Apr 22                         Thursday 01:30 PM                               
+	SB  34TATTOOS AND BODY PIERCING                                             
+	SB 144CHARITABLE GAMING & GAMING ON FERRIES                                 
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                                 BUTROVICH 205                                 
Apr 16                          Friday 03:00 PM                                
	MEETING CANCELLED                                                            
                                                                               
Apr 19                          Monday 03:00 PM                                
+	SB 139SEAFOOD LABELING                                                      
+	SB 140COASTAL ZONE MANAGEMENT TO DNR                                        
+=	HJR 15SUPPORT AMERICAN LAND SOVEREIGNTY ACT                                
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Apr 21                         Wednesday 03:00 PM                              
+=	SB 133COMBINE APUC AND AOGCC                                               
+	SB 142TIMBER THREATENED BY PESTS OR DISEASE                                 
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               

1999-04-16                     Senate Journal                      Page 0957
                                  RESOURCES                                  
Apr 23                          Friday 03:00 PM                                
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                   BELTZ 211                                   
Apr 20                          Tuesday 03:30 PM                               
	NO MEETING SCHEDULED                                                         
                                                                               
Apr 22                         Thursday 03:30 PM                               
	CONFIRMATION HEARINGS:                                                       
	COMMISSIONER OF ADMINISTRATION,                                              
	ADJUTANT GENERAL, BRIGADIER GENERAL AIR                                      
	GUARD, STATE COMMISSION FOR HUMAN RIGHTS                                     
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                                 BUTROVICH 205                                 
Apr 20                          Tuesday 01:30 PM                               
=	SB 135METROPOLITAN PLANNING AUTHORITY                                       
                                                                               
Apr 22                         Thursday 01:30 PM                               
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
                            FINANCE SUBCOMMITTEES                            
                                                                               
                     CAPITAL BUDGET FINANCE SUBCOMMITTEE                     
                               SENATE FINANCE 532                              
Apr 21                         Wednesday 03:30 PM                              
	SUBCOMMITTEE RECOMMENDATIONS ON SB 32                                        
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                       ADMINISTRATIVE REGULATION REVIEW                      
                                 BUTROVICH 205                                 
Apr 22                         Thursday 03:00 PM                               
	DEPARTMENT OF TRANSPORTATION                                                 
+	AIRPORT REGULATIONS                                                         
                                                                               
                                                                               

1999-04-16                     Senate Journal                      Page 0958
                                OTHER MEETINGS                               
                                                                               
                              CHILDREN'S CAUCUS                              
                                 BUTROVICH 205                                 
Apr 20                          Tuesday 12:00 PM                               
	EARLY BRAIN DEVELOPMENT                                                      
                                                                               
Apr 27                          Tuesday 12:00 PM                               
	SAFE SCHOOLS PRESENTATION