Legislature(1999 - 2000)
1999-04-28 Senate Journal
Full Journal pdf1999-04-28 Senate Journal Page 1145 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundredth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:15 a.m. The roll showed seventeen members present. Senator Taylor was excused from a call of the Senate. Senators Halford, Leman were 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. God of all Life, sometimes we become numbed by the hazards and dangers of existence. We pray to You to clear the skies of a corporate pain for the most recent loss of lives, to reveal the wonder of Your mystery of being, which surrounds all of us. Let our purpose and resolve be moved by sound need and concern, and not by emotional reaction. As this session begins to wain, may we act together with the knowledge that finishing our work is not a race, but is a vocation of service and stewardship. The challenge to us, by the chances and changes of modern life, invites us to explore innovative thought and responsible action for the needs of our state: its people, its resources and its future. Give to our work this day a sense of vision, which will set our hearts afire for the governance and protection of all. Guard those we love, and give to each of us peace of mind when evening calls us to rest. Amen. 1145 1999-04-28 Senate Journal Page 1146 Senator Lincoln led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journal for the ninety-ninth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House HB 27 Message dated April 27 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 27(HES), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 27(FIN) An Act relating to financial aid received for medical education and financial aid received by students participating in the Western Interstate Commission on Higher Education Professional Student Exchange Program; relating to the Western Regional Higher Education Compact; and providing for an effective date. HB 123 Message dated April 26 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 123(L&C), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 123(L&C) An Act relating to the exemption from the requirement for payment of minimum wage and overtime compensation for certain volunteers of nonprofit organizations; exempting individuals who provide ski patrol services on a voluntary basis from the requirement for payment of minimum wage and overtime compensation; and providing for an effective date. 1999-04-28 Senate Journal Page 1147 Message dated April 27 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 133 CS FOR HOUSE BILL NO. 133(FIN)(efd fld) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas. was read the first time and referred to the State Affairs, Community and Regional Affairs and Finance Committees. HB 189 CS FOR HOUSE BILL NO. 189(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act authorizing the Alaska Housing Finance Corporation to acquire the building that it occupies for an amount that does not exceed $6,650,000; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. HB 201 CS FOR HOUSE BILL NO. 201(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to the computation of overtime; and providing for an effective date. was read the first time and referred to the Labor and Commerce Committee. 1999-04-28 Senate Journal Page 1148 Communications The following report is on file in the Office of the Secretary of the Senate: Alaska Commission on Judicial Conduct 1998 Annual Report from Marla N. Greenstein, Executive Director as required by Rule 2A of the Commissions Rules of Procedure Standing Committee Reports SB 4 Forthcoming fiscal note (page 1131) for the Finance Committee Substitute for 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 published today from Department of Public Safety. SB 45 The Finance Committee considered SENATE BILL NO. 45 An Act relating to tort immunity for personal injuries or death occurring on land; relating to the vacation by the state or a municipality of rights- of-way acquired by the state under former 43 U.S.C. 932; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 45(FIN) (forthcoming) Signing do pass: Senator Torgerson, Cochair, Senator Pete Kelly. Signing no recommendation: Senator Parnell, Cochair, Senators Phillips, Adams, Donley, Wilken. Signing amend: Senator Green. 1999-04-28 Senate Journal Page 1149 SB 45 Previous zero fiscal notes. The bill was referred to the Rules Committee. SB 71 Forthcoming zero fiscal note (page 899) for the Health, Education and Social Services Committee Substitute for SENATE BILL NO. 71 An Act relating to licensure by the State Medical Board published today from Department of Commerce and Economic Development. HB 61 The Labor and Commerce Committee considered HOUSE BILL NO. 61 An Act relating to an exemption from the requirement for payment for overtime under a voluntary written agreement for certain employees in the airline industry; and providing for an effective date. Signing do pass: Senator Mackie, Chair, Senators Hoffman, Tim Kelly. Signing no recommendation: Senator Donley. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 101 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 101(L&C) An Act relating to the mailing requirements that must be followed by the commissioner of commerce and economic development to involuntarily dissolve certain organized entities; relating to the reinstatement of corporations that are public utilities and that have been involuntarily dissolved; and providing for an effective date. Signing do pass: Senator Mackie, Chair, Senators Hoffman, Donley, Tim Kelly. Previous House zero fiscal note. The bill was referred to the Rules Committee. 1999-04-28 Senate Journal Page 1150 SB 125 The Rules Committee considered SENATE BILL NO. 125 An Act relating to school crisis response planning. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Pearce. The bill is on todays calendar. SB 134 The Rules Committee considered SENATE BILL NO. 134 An Act authorizing the Alaska Oil and Gas Conservation Commission to determine the amount of and to collect a charge for operating wells subject to the commissions jurisdiction, and to allocate expenses of investigation and hearing, and repealing the oil and gas conservation tax; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 134(RLS) An Act authorizing the Alaska Oil and Gas Conservation Commission to determine the amount of and to collect a charge for operating wells subject to the commissions jurisdiction, and to allocate expenses of investigation and hearing; authorizing the commission to employ additional professional staff; repealing the oil and gas conservation tax; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce, Ellis. Fiscal note published today from Department of Administration. The bill is on todays calendar. The presence of Senator Halford was noted. 1999-04-28 Senate Journal Page 1151 Introduction and Reference of Senate Bills SB 165 SENATE BILL NO. 165 BY THE SENATE JUDICIARY COMMITTEE BY REQUEST, entitled: An Act relating to the remedies available to judgment creditors against limited liability company members and their assignees and against limited partnership general and limited partners and their assignees; and providing for an effective date. was read the first time and referred to the Judiciary and Finance Committees. SB 166 SENATE BILL NO. 166 BY THE SENATE JUDICIARY COMMITTEE BY REQUEST, entitled: An Act relating to the amendment and revocation of spouses community property agreements and community property trusts; and providing for an effective date. was read the first time and referred to the Judiciary Committee. Consideration of the Calendar Second Reading of Senate Bills SB 125 SENATE BILL NO. 125 An Act relating to school crisis response planning was read the second time. 1999-04-28 Senate Journal Page 1152 SB 125 Senator Tim Kelly, Chair, moved and asked unanimous consent for the adoption of the Community and Regional Affairs Committee Substitute offered on page 1132. Without objection, CS FOR SENATE BILL NO. 125(CRA) was adopted and read the second time. Senators Mackie, Lincoln, Elton, Phillips, Tim Kelly, Ellis, Wilken moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. 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. 125(CRA) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 125(CRA) An Act relating to school crisis response planning pass the Senate? The roll was taken with the following result: CSSB 125(CRA) Third Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Excused: Leman, Taylor and so, CS FOR SENATE BILL NO. 125(CRA) passed the Senate and was referred to the Secretary for engrossment. 1999-04-28 Senate Journal Page 1153 SB 134 SENATE BILL NO. 134 An Act authorizing the Alaska Oil and Gas Conservation Commission to determine the amount of and to collect a charge for operating wells subject to the commissions jurisdiction, and to allocate expenses of investigation and hearing, and repealing the oil and gas conservation tax; and providing for an effective date was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 1150. Without objection, CS FOR SENATE BILL NO. 134(RLS) An Act authorizing the Alaska Oil and Gas Conservation Commission to determine the amount of and to collect a charge for operating wells subject to the commissions jurisdiction, and to allocate expenses of investigation and hearing; authorizing the commission to employ additional professional staff; repealing the oil and gas conservation tax; and providing for an effective date 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. 134(RLS) was read the third time. Senator Halford moved and asked unanimous consent that he be shown as a cosponsor on the bill. Without objection, it was so ordered. The question being: Shall CS FOR SENATE BILL NO. 134(RLS) An Act authorizing the Alaska Oil and Gas Conservation Commission to determine the amount of and to collect a charge for operating wells subject to the commissions jurisdiction, and to allocate expenses of investigation and hearing; authorizing the commission to employ additional professional staff; repealing the oil and gas conservation tax; and providing for an effective date pass the Senate? The roll was taken with the following result: 1999-04-28 Senate Journal Page 1154 SB 134 CSSB 134(RLS) Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 1 EXCUSED: 2 ABSENT: 1 Yeas: Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Adams Excused: Leman, Taylor Absent: Lincoln and so, CS FOR SENATE BILL NO. 134(RLS) 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 clause. Without objection, it was so ordered. Senator Adams gave notice of reconsideration. Third Reading of Senate Bills SB 146 CS FOR SENATE BILL NO. 146(FIN) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 146(FIN) am 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 pass the Senate? The roll was taken with the following result: 1999-04-28 Senate Journal Page 1155 SB 146 CSSB 146(FIN) am Third Reading - Final Passage Effective Date YEAS: 14 NAYS: 3 EXCUSED: 2 ABSENT: 1 Yeas: Donley, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Adams, Ellis, Mackie Excused: Leman, Taylor Absent: Lincoln and so, CS FOR SENATE BILL NO. 146(FIN) am 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 clause. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. Citations Honoring - Charles H. Benson, Jr. Representative(s) Kemplen, Croft Senator(s) Ellis, Wilken, Elton, Lincoln, Pearce, Mackie, Green, Hoffman, Taylor, Tim Kelly Honoring - Americorp Vista Volunteers in Alaska Representative(s) Kerttula, Hudson Senator(s) Elton, Wilken, Lincoln, Mackie, Hoffman, Taylor, Ellis In Memoriam - Sharlene Locoshonas Representative(s) Kemplen Senator(s) Ellis, Wilken, Elton, Lincoln, Mackie, Hoffman, Taylor, Pete Kelly 1999-04-28 Senate Journal Page 1156 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. Senator Mackie moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Mt. Edgecumbe Girls Lady Braves 1998-99 Basketball Team Representative(s) Grussendorf Senator(s) Adams, Taylor, Hoffman, Elton, Mackie, Lincoln, Pearce, Tim Kelly, Green Senator Mackie moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Announcements Announcements are at the end of the journal. Engrossment SB 125 CS FOR SENATE BILL NO. 125(CRA) An Act relating to school crisis response planning was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1999-04-28 Senate Journal Page 1157 Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 29, 1999. Without objection, the Senate adjourned at 11:42 a.m. Nancy Quinto Secretary of the Senate April 1999 1999-04-28 Senate Journal Page 1158 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 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 SB 133COMBINE APUC AND AOGCC + 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 Apr 30 Friday 1:30 PM = SB 31MENTAL HEALTH APPROPRIATIONS = SB 32CAPITAL BUDGET APPROPRIATIONS BILLS PREVIOUSLY HEARD/SCHEDULED 1999-04-28 Senate Journal Page 1159 FINANCE 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 -- MEETING CANCELLED -- = 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 ---------------------------------------- 1999-04-28 Senate Journal Page 1160 LABOR & COMMERCE BELTZ 211 Apr 29 Thursday 1:30 PM = SB 71PHYSICIAN LICENSURE CHANGES + 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 28 Wednesday 11:45 AM HB 61OVERTIME WAGE EXEMPTION AIRLINE EMPLOYEES HB 101CORPORATE PUBLIC UTILITY REINSTATEMENT <BILL POSTPONED> SB 4OFFICE OF VICTIMS' RIGHTS ---------------------------------------- STATE AFFAIRS BELTZ 211 Apr 29 Thursday 3:30 PM HJR 27ALASKA/RUSSIA MARITIME BOUNDARY HJR 34REPEAL ESTATE AND GIFT TAX HB 189 AUTHORIZING AHFC TO ACQUIRE BUILDING ---------------------------------------- TRANSPORTATION BUTROVICH 205 Apr 29 Thursday 1:30 PM SB 160ALASKA RAILROAD PASSENGER SURCHARGE 1999-04-28 Senate Journal Page 1161 JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 50 & HB 51 SENATE FINANCE 532 Apr 28 Wednesday 3:30 PM BUDGETS CATEGORY 1 ITEMS ADDENDUM REQUEST FOR LIMITED POWERS: FRONT SECTION, MENTAL HEALTH - CAPITAL May 03 Monday 4:00 PM ITEMS TO BE ANNOUNCED OTHER MEETINGS CHILDREN'S CAUCUS BUTROVICH 205 May 04 Tuesday 12:00 PM FORMER FOSTER CHILD PANEL ---------------------------------------- MAJORITY CAUCUS BUTROVICH 205 Apr 29 Thursday 4:30 PM ----------------------------------------- Rule 23(d) currently in effect