Legislature(1999 - 2000)
1999-04-27 Senate Journal
Full Journal pdf1999-04-27 Senate Journal Page 1127 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska Ninety-ninth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:16 a.m. The roll showed eighteen members present. Senator Taylor was excused from a call of the Senate. Senator Leman was absent. Senator Mackie moved and asked unanimous consent that Senator Leman be excused from a call of the Senate today for medical reasons. Without objection, Senator Leman was excused. The prayer was offered by the Chaplain, Reverend Wilson Valentine of St. Brendans Episcopal Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. As the light of the days increases, Lord God, we take this moment to stop and be quiet as the crescendo of this day builds. It is in the peace of this pause that we can breathe deep the breath of goodness which You give to us. As we do this, strengthen each of us with the spirit of good will and compassion, for we are the servants of Your people. Bless them with our decisions, which we struggle for in the facts, figures and debate of our work. In Your compassion, protect those whose ideas and lives differ from the plurality of our actions and continue to provide for each of us in the goodness and abundance of this vast land that we all call home. Be with our brothers and sisters who are absent from us this day, especially Senator Leman. When the light of this day begins to fade, guide our bodies and minds into rest and give us confidence that we have done the call of the people whom we represent. In the Spirit of Love we do pray. Amen. 1127 1999-04-27 Senate Journal Page 1128 Senator Wilken led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journal for the ninety-eighth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House HB 50 Message dated April 26 was read, stating the Speaker has granted limited powers of free conference to the House Conference Committee considering: SENATE CS FOR CS FOR HOUSE BILL NO. 50(FIN) am S and CS FOR HOUSE BILL NO. 50(FIN)(brf sup maj fld)(appropriations for the operating and loan program expenses of state government for certain programs) on all the specific points listed in the House Journal, pages 978 through 1002. HB 51 Message dated April 26 was read, stating the Speaker has granted limited powers of free conference to the House Conference Committee considering: SENATE CS FOR CS FOR HOUSE BILL NO. 51(FIN) am S and CS FOR HOUSE BILL NO. 51(FIN) An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date. 1999-04-27 Senate Journal Page 1129 HB 51 on all the specific points listed in the House Journal, pages 978 through 1002. Message dated April 26 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 8 HOUSE CONCURRENT RESOLUTION NO. 8 BY REP- RESENTATIVES PHILLIPS, Smalley, Kohring, Kott, Austerman, Cowdery, Harris, Porter, Masek, Bunde, Halcro, Green, Murkowski, Cissna, Urging the Alaska Railroad Corporation to select an Alaska company for the design and construction of three rail barges and the charter and operation of tugboats for service between Seattle and Alaska as indicated in the Request for Proposal 99-13-18685. was read the first time and referred to the Transportation Committee. HJR 33 HOUSE JOINT RESOLUTION NO. 33 BY REPRESENTATIVES PHILLIPS, Green, James, Urging the United States Senate to decline to ratify the treaty from the United Nations Framework Convention on Climate Change adopted in December 1997 at Kyoto, Japan. was read the first time and referred to the State Affairs Committee. 1999-04-27 Senate Journal Page 1130 HJR 36 CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) am BY THE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, Relating to rejecting the conclusions in a recent article published by the American Psychological Association that suggests that sexual relationships between adults and children might be positive for children; and urging the President of the United States and the United States Congress to similarly reject these conclusions. was read the first time and referred to the Health, Education and Social Services Committee. Standing Committee Reports SJR 22 The Health, Education and Social Services Committee considered SENATE JOINT RESOLUTION NO. 22 Relating to the National Museum of Womens History and the National Museum of Womens History Alaska Council. Signing do pass: Senator Miller, Chair, Senators Wilken, Pearce, Pete Kelly. Signing no recommendation: Senator Elton. Zero fiscal note information forthcoming. The resolution was referred to the Rules Committee. SB 4 The Finance Committee considered 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 and recommended it be replaced with 1999-04-27 Senate Journal Page 1131 SB 4 CS FOR SENATE BILL NO. 4(FIN) An Act relating to victims rights; 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; relating to notice of appropriations concerning victims rights; and amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence; and providing for an effective date. and further recommends the adoption of the following Finance Committee Letter of Intent: Letter of Intent It is the intent of the Legislature to fund the Office of Victims Rights solely from the additional revenue generated by the new provisions established in CS FOR SENATE BILL NO. 4(FIN) under AS 43.23.005(d)(B)(i) and (ii) that make additional criminals ineligible to receive the permanent fund dividend. It is further the intent of the legislature that the funding for the Office of Victims Rights shall in no way result in a decrease of funding for crime victims compensation, council on domestic violence and sexual assault, and the Department of Corrections from the funds available due to criminals being ineligible for the permanent fund dividend under AS 43.23.005 as it read before the effective date of this act. Signing do pass: Senators Torgerson, Parnell, Cochairs. Senators Phillips, Green, Pete Kelly, Donley, Wilken. Signing no recommendation: Senator Adams. Previous zero, indeterminate, and fiscal notes. Fiscal note information forthcoming. 1999-04-27 Senate Journal Page 1132 SB 4 The bill was referred to the Rules Committee. SB 103 The Health, Education and Social Services Committee considered SENATE BILL NO. 103 An Act relating to a curriculum for Native language education; and providing for an effective date. Signing do pass: Senator Miller, Chair, Senators Pearce, Elton. Signing no recommendation: Senators Wilken, Pete Kelly. Zero fiscal note published today from Department of Education. The bill was referred to the Finance Committee. SB 125 The Community and Regional Affairs Committee considered SENATE BILL NO. 125 An Act relating to school crisis response planning and recommended it be replaced with CS FOR SENATE BILL NO. 125(CRA) Signing do pass: Senator Tim Kelly, Chair, Senators Phillips, Mackie. Previous zero fiscal note. The bill was referred to the Rules Committee. SB 133 The Resources Committee considered SENATE BILL NO. 133 An Act creating and providing for the Alaska Energy Conservation Commission and transferring to it the powers and duties of the Alaska Public Utilities Commission and the Alaska Oil and Gas Conservation Commission; repealing the Alaska Public Utilities Commission and the Alaska Oil and Gas Conservation Commission; relating to regulation of waste collection and disposal; relating to the powers of the chair of the Alaska Energy Conservation Commission; relating to the appellate procedures of the Alaska Energy Conservation Commission; and providing for an effective date and recommended it be replaced with 1999-04-27 Senate Journal Page 1133 SB 133 CS FOR SENATE BILL NO. 133(RES) An Act creating and providing for the Alaska Energy Conservation Commission and transferring to it certain powers and duties of the Alaska Public Utilities Commission; transferring regulation of pipelines to the Alaska Oil and Gas Conservation Commission; repealing the Alaska Public Utilities Commission; relating to regulation of waste collection and disposal; relating to the powers of the chair of the Alaska Energy Conservation Commission; relating to the appellate procedures of the Alaska Energy Conservation Commission; and providing for an effective date. Signing no recommendation: Senator Halford, Chair, Senators Parnell, Lincoln. Signing do pass: Senator Pete Kelly. Signing amend: Senator Green. Fiscal note published today from Department of Administration. The bill was referred to the Finance Committee. SB 140 The Resources Committee considered SENATE BILL NO. 140 An Act relating to the powers and duties of the Department of Natural Resources and to the Alaska coastal management program and recommended it be replaced with CS FOR SENATE BILL NO. 140(RES) An Act relating to the powers and duties of the Department of Natural Resources, modifying that departments power to control and manage land within the Hatcher Pass Public Use area, and authorizing municipal selection of that land, and relating to the Alaska coastal management program; and providing for an effective date. 1999-04-27 Senate Journal Page 1134 SB 140 Signing do pass: Senator Halford, Chair. Signing no recommendation: Senators Parnell, Pete Kelly, Green. Signing do not pass: Senator Lincoln. Fiscal notes published today from Department of Natural Resources, Office of the Governor. Indeterminate fiscal note published today from Department of Fish and Game. The bill was referred to the Finance Committee. SB 146 Fiscal note for the Finance Committee Substitute (page 1039) for SENATE BILL NO. 146 An Act relating to the amount and disposition of the commercial fishing license fee and to the fishermens fund; and providing for an effective date published today from Department of Labor. SB 156 The Community and Regional Affairs Committee considered SENATE BILL NO. 156 An Act relating to municipal incorporation, to reclassification of cities, to municipal boundary changes, and to dissolution of municipalities. Signing do pass: Senator Tim Kelly, Chair, Senators Phillips, Mackie. Zero fiscal note published today from Department of Community and Regional Affairs. The bill was referred to the Finance Committee. HJR 13 The Finance Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 13(FIN) Relating to using oil spill settlement funds to create a long-term research and monitoring endowment. Signing do pass: Senator Torgerson, Cochair, Senators Phillips, Green, Pete Kelly, Wilken, Adams. Signing no recommendation: Senator Donley. Previous House zero fiscal note. 1999-04-27 Senate Journal Page 1135 HJR 13 The resolution was referred to the Rules Committee. SB 88 The Rules Committee considered SENATE BILL NO. 88 An Act relating to licensure of dietitians and nutritionists; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Pearce. The bill is on todays calendar. SB 146 The Rules Committee considered SENATE BILL NO. 146 An Act relating to the amount and disposition of the commercial fishing license fee and to the fishermens fund; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. Consideration of the Calendar Second Reading of Senate Bills SB 88 SENATE BILL NO. 88 An Act relating to licensure of dietitians and nutritionists; and providing for an effective date was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1061. Senator Ellis objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 88(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. 1999-04-27 Senate Journal Page 1136 SB 88 CS FOR SENATE BILL NO. 88(FIN) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 88(FIN) An Act relating to licensure of dietitians and nutritionists; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 88(FIN) Third Reading - Final Passage Effective Dates YEAS: 17 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Lincoln, Mackie, Miller, Parnell, Pearce, Torgerson, Ward, Wilken Nays: Phillips Excused: Leman, Taylor and so, CS FOR SENATE BILL NO. 88(FIN) passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SB 146 SENATE BILL NO. 146 An Act relating to the amount and disposition of the commercial fishing license fee and to the fishermens fund; and providing for an effective date was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1039. Senator Ellis objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 146(FIN) was adopted and read the second time. 1999-04-27 Senate Journal Page 1137 SB 146 Senator Torgerson offered Amendment No. 1 : Page 2, line 19: Delete "36" Insert "39" Senator Torgerson moved and asked unanimous consent for the adoption of Amendment No. 1. Senator Ellis objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: CSSB 146(FIN) am Advance from Second to Third Reading? YEAS: 13 NAYS: 5 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Kelly Tim, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln Excused: Leman, Taylor and so, the bill failed to advance to third reading. CS FOR SENATE BILL NO. 146(FIN) am will be on the April 28 calendar. Citations Honoring - Tela ODonnell, U.S. Girls Wrestling Association, National Championship Senator(s) Torgerson, Wilken, Lincoln, Taylor, Pete Kelly, Elton, Green, Mackie, Pearce, Tim Kelly, Hoffman, Halford 1999-04-27 Senate Journal Page 1138 Honoring - Unalaska Raiders Girls Basketball Team Representative(s) Moses Senator(s) Hoffman, Adams, Wilken, Ellis, Lincoln, Taylor, Pete Kelly, Elton, Green, Mackie, Pearce, Tim Kelly, Halford Honoring - Annie Swanson Hatch, 100th Birthday Celebration Representative(s) Davis Senator(s) Wilken, Ellis, Lincoln, Taylor, Pete Kelly, Elton, Green, Mackie, Pearce, Tim Kelly, Hoffman, Halford Senator Mackie moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Senator Hoffman moved and asked unanimous consent that he be excused from a call of the Senate from April 30 through plane time, May 2. Without objection, Senator Hoffman was excused. Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate on May 4. Without objection, Senator Lincoln was excused. Announcements Announcements are at the end of the journal. Engrossment SB 88 CS FOR SENATE BILL NO. 88(FIN) An Act relating to licensure of dietitians and nutritionists; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1999-04-27 Senate Journal Page 1139 Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 28, 1999. Without objection, the Senate adjourned at 11:56 a.m. Nancy Quinto Secretary of the Senate April 1999 1999-04-27 Senate Journal Page 1140 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 Apr 27 Tuesday 9:00 AM = SB 4OFFICE OF VICTIMS' RIGHTS += SB 95SCHOOL GRANT/DEBT REIMBURSEMENT += SB 128STORAGE TANK ASSISTANCE FUND += SB 123PUBLIC INTEREST LITIGANT: FEES += HJR 13UNIVERSITY ENDOWMENT FOR RESEARCH BILLS PREVIOUSLY HEARD/SCHEDULED Apr 28 Wednesday 9:00 AM NOTE TIME CHANGE + SB 45LAND OWNER IMMUNITY/ RT-OF-WAY VACATION + SB 105PUBLIC SCHOOL FUNDING BILLS PREVIOUSLY HEARD/SCHEDULED Apr 28 Wednesday 6:00 PM -- MEETING CANCELLED -- Apr 29 Thursday 9:00 AM += SB 29REQUIREMENTS FOR PHYSICIAN'S LICENSE + HB 94ABC BD EMPLOYEES NOT EXEMPT EMPLOYEES BILLS PREVIOUSLY HEARD/SCHEDULED Apr 30 Friday 9:00 AM = SB 31MENTAL HEALTH APPROPRIATIONS = SB 32CAPITAL BUDGET APPROPRIATIONS BILLS PREVIOUSLY HEARD/SCHEDULED 1999-04-27 Senate Journal Page 1141 FINANCE Apr 30 Friday 1:30 PM = SB 31MENTAL HEALTH APPROPRIATIONS = SB 32CAPITAL BUDGET APPROPRIATIONS BILLS PREVIOUSLY HEARD/SCHEDULED May 01 Saturday 10:00 AM = SB 31MENTAL HEALTH APPROPRIATIONS = SB 32CAPITAL BUDGET APPROPRIATIONS BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Apr 28 Wednesday 1:30 PM + CONFIRMATIONS: BOARDS OF EDUCATION, REGENTS BILLS PREVIOUSLY HEARD/SCHEDULED = SB 112POSTSECONDARY CLASS FOR HIGH SCHOOL += SB 94MEDICAL USE OF MARIJUANA TELECONFERENCE BY INVITATION ONLY ON ABOVE BILL Apr 28 Wednesday 6:00 PM += SB 94MEDICAL USE OF MARIJUANA ---------------------------------------- JUDICIARY BELTZ 211 Apr 28 Wednesday 1:30 PM = SJR 25VOLUNTARY SCHOOL PRAYER + SB 162RULE AGAINST PERPETUITIES + SB 163TRUSTS AND TRUSTEES BILLS PREVIOUSLY HEARD/SCHEDULED Apr 30 Friday 1:30 PM HJR 29ENDORSE FED COURT OF APPEALS/9TH CIRCUIT + BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- 1999-04-27 Senate Journal Page 1142 LABOR & COMMERCE BELTZ 211 Apr 27 Tuesday 1:30 PM HB 61OVERTIME WAGE EXEMPTION AIRLINE EMPLOYEES HB 101CORPORATE PUBLIC UTILITY REINSTATEMENT SB 71PHYSICIAN LICENSURE CHANGES BILLS PREVIOUSLY HEARD/SCHEDULED Apr 29 Thursday 1:30 PM + CONFIRMATIONS: COMMISSIONER OF LABOR ABC BOARD, BOARDS OF DISPENSING OPTICIANS, WORKERS' COMP, ARCHITECTS, ENGINEERS & SURVEYORS, CHIROPRACTIC EXAMINERS, ALASKA LABOR RELATIONS AGENCY, MARINE PILOTS, REAL ESTATE APPRAISERS, VETERINARY EXAMINERS, REAL ESTATE COMMISSION ---------------------------------------- RESOURCES BUTROVICH 205 Apr 28 Wednesday 3:00 PM SJR 18EXXON VALDEZ DAMAGE CLAIMS BILLS PREVIOUSLY HEARD/SCHEDULED Apr 30 Friday 3:00 PM BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- RULES FAHRENKAMP 203 Apr 27 Tuesday 12:00 PM SUBSTANTIVE HEARING: = SB 134WELL REGULATORY COST CHARGE/CONS. TAX SB 125SCHOOL SAFETY PLAN ---------------------------------------- STATE AFFAIRS BELTZ 211 Apr 27 Tuesday 3:30 PM NO MEETING SCHEDULED Apr 29 Thursday 3:30 PM HJR 27ALASKA/RUSSIA MARITIME BOUNDARY HJR 34REPEAL ESTATE AND GIFT TAX ---------------------------------------- 1999-04-27 Senate Journal Page 1143 TRANSPORTATION BUTROVICH 205 Apr 27 Tuesday 1:30 PM NO MEETING SCHEDULED Apr 29 Thursday 1:30 PM SB 160ALASKA RAILROAD PASSENGER SURCHARGE JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 50 & HB 51 SENATE FINANCE 532 Apr 28 Wednesday 3:30 PM HB 50OPERATING BUDGET APPROPRIATIONS HB 51MENTAL HEALTH APPROPRIATIONS CATEGORY 1 ITEMS ADDENDUM REQUEST FOR LIMITED POWERS: FRONT SECTION, MENTAL HEALTH - CAPITAL OTHER MEETINGS CHILDREN'S CAUCUS BUTROVICH 205 Apr 27 Tuesday 12:00 PM SAFE SCHOOLS PRESENTATION May 04 Tuesday 12:00 PM FOSTER FUTURE CAMPAIGN ---------------------------------------- MAJORITY CAUCUS BUTROVICH 205 Apr 27 Tuesday 4:30 PM -------------------------------------------- Uniform Rule 23(d) is currently in effect