Legislature(1999 - 2000)

1999-04-19 Senate Journal

Full Journal pdf

1999-04-19                     Senate Journal                      Page 0963
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    TWENTY-FIRST LEGISLATURE - FIRST SESSION                   
                                                                               
Juneau, Alaska                                                                 
                                                                               
                                Ninety-first Day                               
                                                                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:09 a.m.                                                           
                                                                               
The roll showed nineteen members present.  Senator Halford was                 
absent.                                                                        
                                                                               
The prayer was offered by the Chaplain, Pastor Cary Henrichsen of              
the Auke Bay Bible Church. Senator Hoffman moved and asked                     
unanimous consent that the prayer be spread. Without objection, it             
was so ordered.                                                                
                                                                               
Lord, as I come before You this morning                                       
representing this group of dedicated men and                                   
women, I ask Your help in preparing them to spend                              
another day in the service of the people of Alaska.                            
I pray they may have the wisdom of Solomon, the                                
patience of Job, and the heart of David in all they                            
say and do. Guide them in the way they should go,                              
and may we who they serve, appreciate their                                    
sacrifice and hard work. May You pour out Your                                 
abundant blessings on this body both today and                                 
every day they meet. We ask this in Jesus Name,                                
                                               Amen.                           
                                                                               
                                                                               
Senator Ward led the Senate in the Pledge of Allegiance.                       
                                                                               
                                                                               
                                      963                                      

1999-04-19                     Senate Journal                      Page 0964
                                Certification                                
                                                                               
Senator Mackie moved and asked unanimous consent that the                      
journals for the eighty-eighth, eighty-ninth and ninetieth legislative         
days be approved as certified by the Secretary. Without objection, it          
was so ordered.                                                                
                                                                               
                                                                               
                           Messages from the House                           
                                                                               
Message dated April 16 was read, stating the House passed and                  
transmitted for consideration:                                                 
                                                                               
                        First Reading and Reference of                        
                               House Resolutions                              
                                                                               
HJR 29                                                                       
CS FOR HOUSE JOINT RESOLUTION NO. 29(JUD) BY THE                               
HOUSE JUDICIARY COMMITTEE,                                                     
                                                                               
Relating to the division of the Ninth Circuit Court                           
of Appeals.                                                                    
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
                  First Reading and Reference of House Bills                 
                                                                               
HB 82                                                                        
CS FOR HOUSE BILL NO. 82(JUD) am BY THE HOUSE                                  
JUDICIARY COMMITTEE, entitled:                                                 
                                                                               
An Act relating to certain claims arising out of or                           
in connection with the year 2000 date change;                                  
amending Rule 23, Alaska Rules of Civil Procedure;                             
and providing for an effective date.                                           
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               

1999-04-19                     Senate Journal                      Page 0965
HB 109                                                                       
CS FOR HOUSE BILL NO. 109(RES) am BY THE HOUSE                                 
RESOURCES COMMITTEE, entitled:                                                 
                                                                               
An Act relating to management of fish and game                                
in Glacier Bay National Park and Preserve and                                  
navigable waters.                                                              
                                                                               
was read the first time and referred to the Resources Committee.               
The presence of Senator Halford was noted.                                     
                                                                               
SCR 2                                                                        
Message dated April 15 was read, stating the House passed and                  
returned for consideration SENATE CONCURRENT RESOLUTION                        
NO. 2 with the following amendment:                                            
                                                                               
HOUSE CS FOR SENATE CONCURRENT                                                
RESOLUTION NO. 2(RES) Relating to management                                   
of Alaskas wildlife and fish resources.                                        
                                                                               
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:                       
                                                                               
HCS SCR 2(RES)                                                                 
Shall the Senate Concur in the House                                           
Amendment to SCR 2?                                                            
                                                                               
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman,                   
Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward,            
Wilken                                                                         
                                                                               
Nays:  Adams, Ellis, Elton, Hoffman, Lincoln                                   
                                                                               
                                                                               

1999-04-19                     Senate Journal                      Page 0966
SCR 2                                                                        
and so, the Senate concurred in the House amendment, thus adopting             
HOUSE CS FOR SENATE CONCURRENT RESOLUTION NO.                                  
2(RES) Relating to management of Alaskas wildlife and fish                     
resources.                                                                     
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
                                                                               
                          Standing Committee Reports                         
                                                                               
SB 100                                                                       
The Rules Committee considered SENATE BILL NO. 100 An Act                      
relating to the payment by indigent persons for legal services and             
related costs. Signing to calendar: Senator Tim Kelly, Chair,                  
Senators Leman, Pearce. Signing under other recommendations:                   
Senator Ellis.                                                                 
                                                                               
The bill is on todays calendar.                                                
                                                                               
                                                                               
                  Introduction and Reference of Senate Bills                 
                                                                               
SB 158                                                                       
SENATE BILL NO. 158 BY SENATOR ELTON, entitled:                                
                                                                               
An Act granting certain employees in correctional                             
facilities status as peace officers under the public                           
employees retirement system.                                                   
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
SB 159                                                                       
SENATE BILL NO. 159 BY SENATOR ELTON, entitled:                                
                                                                               
                                                                               

1999-04-19                     Senate Journal                      Page 0967
SB 159                                                                       
An Act granting certain juvenile detention or                                 
juvenile correctional institution employees status as                          
peace officers under the public employees                                      
retirement system; and providing for an effective                              
date.                                                                          
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                                                                               
                        Consideration of the Calendar                        
                                                                               
                        Second Reading of Senate Bills                       
                                                                               
SB 100                                                                       
SENATE BILL NO. 100 An Act relating to the payment by                          
indigent persons for legal services and related costs was read the             
second time.                                                                   
                                                                               
Senator Torgerson, Cochair, moved and asked unanimous consent for              
the adoption of the Finance Committee Substitute offered on page               
768. Senator Ellis objected, then withdrew his objection. There being          
no further objections, CS FOR SENATE BILL NO. 100(FIN) was                     
adopted and read the second time.                                              
                                                                               
Senator Mackie moved and asked unanimous consent that the bill be              
considered engrossed, advanced to third reading and placed on final            
passage. Without objection, it was so ordered.                                 
                                                                               
CS FOR SENATE BILL NO. 100(FIN) was read the third time.                       
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 100(FIN)                      
An Act relating to the payment by indigent persons for legal                   
services and related costs pass the Senate? The roll was taken with            
the following result:                                                          
                                                                               
                                                                               

1999-04-19                     Senate Journal                      Page 0968
SB 100                                                                       
                                                                               
CSSB 100(FIN)                                                                  
Third Reading - Final Passage                                                  
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Kelly Pete, Leman, Miller, Pearce,              
Phillips, Taylor, Torgerson, Ward, Wilken                                      
                                                                               
Nays:  Adams, Ellis, Elton, Hoffman, Kelly Tim, Lincoln, Mackie,               
Parnell                                                                        
                                                                               
and so, CS FOR SENATE BILL NO. 100(FIN) passed the Senate.                     
                                                                               
Senator Ellis gave notice of reconsideration.                                  
                                                                               
                                                                               
                                  Citations                                  
                                                                               
Honoring - The Anchorage Junior Aces Midget C Team from                        
Eagle River, Alaska State Midget C Hockey Champions                            
Senator(s) Phillips, Halford, Pearce, Hoffman, Ward, Tim Kelly,                
Lincoln, Taylor, Leman, Green, Donley, Wilken, Adams, Mackie,                  
Elton, Pete Kelly                                                              
Representative(s) Dyson                                                        
                                                                               
Honoring - Fraternal Order of Alaska State Troopers and the                    
Troopers Museum                                                                
Representative(s) Porter                                                       
Senator(s) Pearce, Ward, Hoffman, Tim Kelly, Lincoln, Taylor,                  
Leman, Green, Donley, Wilken, Adams, Mackie, Elton, Pete Kelly,                
Miller                                                                         
                                                                               
In Memoriam - Burton Atqaan Rexford                                            
Senator(s) Adams, Pearce, Hoffman, Tim Kelly, Lincoln, Taylor,                 
Leman, Green, Wilken, Mackie, Elton, Pete Kelly                                
Representative(s) Joule                                                        
                                                                               
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.                                 

1999-04-19                     Senate Journal                      Page 0969
                             Unfinished Business                             
                                                                               
SB 142                                                                       
Senator Ward moved and asked unanimous consent that he be shown                
as a cosponsor on SENATE BILL NO. 142 An Act relating to                       
infestations and diseases of timber. Without objection, it was so              
ordered.                                                                       
                                                                               
HB 128                                                                       
The reconsideration on CS FOR HOUSE BILL NO. 128(RLS) An                       
Act relating to lease-purchases of personal property was not taken             
up this legislative day and the bill was signed by the President and           
Secretary and returned to the House.                                           
                                                                               
                                                                               
                                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 21, 1999. Without                 
objection, the Senate adjourned at 11:28 a.m.                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                            April 1999         

1999-04-19                     Senate Journal                      Page 0970
                                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                              
	-- MEETING CANCELLED --                                                      
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Apr 23                          Friday 01:30 PM                                
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
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 01:00 PM                                
	MEETING CONTINUED FROM 9:00 AM                                               
                                                                               
Apr 19                          Monday 06:00 PM                                
=	HB  50OPERATING BUDGET APPROPRIATIONS                                       
=	HB  51MENTAL HEALTH APPROPRIATIONS                                          
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             

1999-04-19                     Senate Journal                      Page 0971
                                   FINANCE                                   
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                                             
                                                                               
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                                             
                                                                               
                                                                               

1999-04-19                     Senate Journal                      Page 0972
                                   FINANCE                                   
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 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                                             
                    ----------------------------------------                   
                                                                               
                                                                               

1999-04-19                     Senate Journal                      Page 0973
                               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 19                          Monday 03:00 PM                                
	-- MEETING CANCELLED --                                                      
+	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                              
	-- MEETING CANCELLED --                                                      
+=	SB 133COMBINE APUC AND AOGCC                                               
+	SB 142TIMBER THREATENED BY PESTS OR DISEASE                                 
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
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                                     
                    ----------------------------------------                   
                                                                               
                                                                               

1999-04-19                     Senate Journal                      Page 0974
                                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                                                         
                                                                               
                                                                               
                                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                                                    
                    ----------------------------------------                   
                                                                               
                               MAJORITY CAUCUS                               
                                 BUTROVICH 205                                 
Apr 19                          Monday 05:00 PM