Legislature(1999 - 2000)
1999-04-29 Senate Journal
Full Journal pdf1999-04-29 Senate Journal Page 1163 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred First Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:23 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 for medical reasons. Without objection, it was so ordered. 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. The showers of Spring wash Mother Earth, the sounds of the Nature awake the forests and the winds of this new season blow a refreshing breeze into our souls. We offer our thanks to You, Lord God, for all that fills our lives with favor and worth. As the week presses on, may we continue to be aware of the people and needs upon which this body has influence. May the strengths and talents of each one of us work to accomplish the tasks which demand our best efforts; in honest humbleness, allow us to accept the disappointments which come with the work of the democratic process. Assist each person in this room in being tender with the hopes and dreams of others and give healthy understanding to those who we represent in times of frustration or dissatisfaction. Help us, God of Compassion, not to forget or take for granted the work of all who facilitate the actions of this Senate. Then when this day is over, keep watch over those who toil through the night and soothe our weary minds and bodies, so that tomorrow may truly be a new day in Your loving grace, Lord God. Amen. 1163 1999-04-29 Senate Journal Page 1164 Students from Tanacross School, grades kindergarten through eight, led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journal for the one hundredth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor Letter dated and received April 28 was read, stating in accordance with Article III, section 19 of the Alaska Constitution, I submit the following name for legislative confirmation of appointment to the position noted: Alaska Army National Guard - Brigadier General Colonel David E. Glines - Anchorage Appointed: 04/28/99 The appointment was referred to the State Affairs Committee. The resume for this appointment has been submitted to the Offices of the Senate Secretary and the Chief Clerk. Messages from the House SB 102 Message dated April 28 was read, stating the House passed and returned: SENATE BILL NO. 102 An Act designating the State Trooper Bruce A. Heck Memorial Corridor. The bill was referred to the Secretary for enrollment. 1999-04-29 Senate Journal Page 1165 Message dated April 28 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 79 HOUSE BILL NO. 79 BY THE HOUSE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: An Act relating to letters of credit under the Uniform Commercial Code; and providing for an effective date. was read the first time and referred to the Labor and Commerce and Judiciary Committees. HB 146 CS FOR HOUSE BILL NO. 146(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: An Act relating to civil liability for commercial recreational activities; and providing for an effective date. was read the first time and referred to the Labor and Commerce Committee. Standing Committee Reports Reports dated April 28 were read stating: In accordance with AS 39.05.080, the Senate Health, Education and Social Services Committee reviewed the following and recommends the appointments be forwarded to a joint session for consideration: Board of Dental Examiners Kenneth L. Crooks, D.D.S. - Dillingham Appointed: 04/07/95 Reappointed: 04/14/99 Expires: 02/01/03 1999-04-29 Senate Journal Page 1166 Board of Education Roy Nageak Sr. - Barrow Appointed: 01/02/97 Reappointed: 02/19/99 Expires: 01/31/04 Paula R. Pawlowski - Anchorage Appointed: 08/27/98 Expires: 01/31/00 Susan Stitham - Fairbanks Appointed: 07/20/95 Reappointed: 02/19/99 Expires: 01/31/04 Board of Marital and Family Therapy Sandra M. Samaniego - Fairbanks Appointed: 10/12/95 Reappointed: 11/16/98 Expires: 12/14/02 State Medical Board Keith M. Brownsberger, M.D. - Anchorage Appointed: 08/11/95 Reappointed: 07/31/98 Expires: 04/21/02 Sheila Means - Juneau Appointed: 06/02/98 Expires: 01/09/01 Alaska Mental Health Trust Authority Board of Trustees Nelson G. Page, Esq. - Anchorage Appointed: 03/03/95 Reappointed: 06/02/98 Expires: 03/03/03 Board of Certified Direct-Entry Midwives Marilyn Holmes - Juneau Appointed: 07/20/95 Reappointed: 07/31/98 Expires: 07/20/02 Board of Nursing Barbara Berner, ANP, EdD - Anchorage Appointed: 06/02/98 Expires: 03/31/02 Board of Examiners in Optometry Thomas N. Carter - Fairbanks Appointed: 12/11/98 Expires: 06/15/02 Erik D. Christianson, O.D. - Ketchikan Appointed: 06/01/98 Expires: 06/15/01 John C. Cobbett, O.D. - North Pole Appointed: 09/11/98 Expires: 06/15/02 1999-04-29 Senate Journal Page 1167 Board of Pharmacy Margaret D. Soden, R.Ph. - Fairbanks Appointed: 12/11/98 Expires: 04/01/02 State Physical Therapy and Occupational Therapy Board JoAnne Bell-Graves - Juneau Appointed: 12/11/98 Expires: 09/01/00 Leslie F. Schwartz - Petersburg Appointed: 10/06/95 Reappointed: 12/11/98 Expires: 09/01/02 Board of Professional Counselors Toni Chrestman - Nome Appointed: 11/16/98 Expires: 11/01/02 Anne L. Henry - Juneau Appointed: 11/16/98 Expires: 11/01/02 David F. Leonard, Esq. - Fairbanks Appointed: 11/16/98 Expires: 11/01/00 Allan A. Morotti, Ph.D. - Fairbanks Appointed: 11/16/98 Expires: 11/01/01 Robert L. Pound - Anchorage Appointed: 11/16/98 Expires: 11/01/01 Professional Teaching Practices Commission Steven Beardsley - Anchorage Appointed: 12/11/98 Expires: 07/01/01 Bruce F. Johnson - Sitka Appointed: 08/30/95 Reappointed: 12/11/98 Expires: 07/01/01 Vickie L. McCubbin - Anchorage Appointed: 12/11/98 Expires: 07/01/01 Board of Psychologist and Psychological Associate Examiners Paul Craig - Anchorage Appointed: 02/19/99 Expires: 07/01/02 Board of Social Work Examiners Denny Patella - Anchorage Appointed: 09/11/98 Expires: 07/01/01 1999-04-29 Senate Journal Page 1168 University of Alaska Board of Regents Robert A. Malone - Anchorage Appointed: 2/18/99 Expires: 2/01/07 Brian Rogers - Fairbanks Appointed: 2/18/99 Expires: 2/01/07 Frances H. Rose - Anchorage Appointed: 2/18/99 Expires: 2/01/07 Joseph E. Usibelli, Jr. - Healy Appointed: 2/18/99 Expires: 2/01/07 Signing the reports: Senator Miller, Chair, Senators Pete Kelly, Wilken, Pearce, Elton. SB 29 The Finance Committee considered SENATE BILL NO. 29 An Act relating to licensure of physicians; and providing for an effective date and recommended the adoption of the Labor and Commerce Committee Substitute offered on page 374. Signing do pass: Senator Torgerson, Cochair, Senators Green, Pete Kelly. Signing no recommendation: Senators Phillips, Adams, Donley, Wilken. Previous zero fiscal note. The bill was referred to the Rules Committee. SB 45 The following forthcoming Finance Committee Substitute (page 1148) for 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 was received today: CS FOR SENATE BILL NO. 45(FIN) An Act providing that a person who grants certain conservation easements to the state or other governmental body that provide public access for recreational purposes and the grantee of the easement are immune from tort liability, other than gross negligence or reckless or intentional misconduct, for damages to a person who uses the easement under certain conditions; 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. 1999-04-29 Senate Journal Page 1169 SB 110 The Judiciary Committee considered SENATE BILL NO. 110 An Act relating to liability involving certain property acquired by a governmental entity; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 110(JUD) An Act relating to liability for the release of hazardous substances; and providing for an effective date. Signing do pass: Senator Taylor, Chair. Signing no recommendation: Senators Torgerson, Donley. Signing do not pass: Senator Ellis. Zero fiscal notes published today from Department of Environmental Conservation, Department of Transportation and Public Facilities. The bill was referred to the Rules Committee. SB 112 The Health, Education and Social Services Committee considered SENATE BILL NO. 112 An Act relating to a program of postsecondary education for high school students and recommended it be replaced with CS FOR SENATE BILL NO. 112(HES) Signing do pass: Senator Miller, Chair, Senators Wilken, Elton, Pete Kelly. Signing no recommendation: Senator Pearce. Indeterminate fiscal note published today from Department of Education. The bill was referred to the Finance Committee. HB 94 The Finance Committee considered HOUSE BILL NO. 94 An Act removing employees of the Alcoholic Beverage Control Board from the exempt service. Signing do pass: Senator Torgerson, Cochair, Senators Phillips, Pete Kelly, Adams. Signing no recommendation: Senators Green, Wilken, Donley. 1999-04-29 Senate Journal Page 1170 HB 94 Previous House zero fiscal note. The bill was referred to the Rules Committee. SB 4 The Rules 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Pearce. The bill is on todays calendar. Special Committee Reports HB 50 April 28, 1999 Madam President: Mr. Speaker: The Conference Committee (with limited powers of free conference) 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) respectfully requests, as an addendum to the April 23, 1999 letter, limited powers of free conference on the following specific points: Category III Front Section Mental Health - Capital Signing the report: Representatives Mulder, Therriault, Grussendorf, Senators Parnell, Torgerson, Adams. 1999-04-29 Senate Journal Page 1171 HB 50 President Pearce granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. HB 51 April 28, 1999 Madam President: Mr. Speaker: The Conference Committee (with limited powers of free conference) considering SENATE CS FOR CS FOR HOUSE BILL NO. 51(FIN) am S and CS FOR HOUSE BILL NO. 51(FIN) (appropriations for the operating and capital expenses of the mental health program) respectfully requests, as an addendum to the April 23, 1999 letter, limited powers of free conference on the following specific points: Category III Front Section Mental Health - Capital Signing the report: Representatives Mulder, Therriault, Grussendorf, Senators Parnell, Torgerson, Adams. President Pearce granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. Consideration of the Calendar Second Reading of Senate Bills SB 4 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 was read the second time. 1999-04-29 Senate Journal Page 1172 SB 4 Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1130. Senator Ellis objected, then withdrew his objection. There being no further objections, 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 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. 4(FIN) was read the third time. Senator Halford moved and asked unanimous consent that the Finance Committee Letter of Intent offered on page 1131 be adopted as a Senate Letter of Intent. Without objection, the Senate Letter of Intent was adopted. Senators Tim Kelly, Lincoln, Ellis, Parnell, Mackie, Miller, Pete Kelly, Ward moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: Shall 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 pass the Senate? The roll was taken with the following result: 1999-04-29 Senate Journal Page 1173 SB 4 CSSB 4(FIN) Third Reading - Final Passage Court Rules Effective Dates 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. 4(FIN) passed the Senate with a Senate Letter of Intent. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule changes and the effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Citations Honoring - Peggy Dyson - The Voice of WBH-29 Kodiak Senator(s) Mackie, Pearce, Wilken, Elton, Tim Kelly, Hoffman, Lincoln, Taylor, Green, Halford, Leman Representative(s) Austerman Honoring - REMEDY Senator(s) Elton, Pearce, Wilken, Tim Kelly, Hoffman, Mackie, Lincoln, Taylor, Green Representative(s) Hudson, Kerttula In Memoriam - Ronald Buster James Manook Senator(s) Lincoln, Pearce, Wilken, Adams, Elton, Tim Kelly, Hoffman, Mackie, Taylor, Green, Pete Kelly Representative(s) Davies, Morgan 1999-04-29 Senate Journal Page 1174 In Memoriam - June L. King Representative(s) Smalley Senator(s) Ward, Pearce, Wilken, Elton, Tim Kelly, Hoffman, Mackie, Lincoln, Taylor, Green, Pete Kelly In Memoriam - Alice Superman Representative(s) Smalley Senator(s) Ward, Pearce, Wilken, Elton, Tim Kelly, Hoffman, Mackie, Lincoln, Taylor, Green, Halford, Pete Kelly, Leman 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 SB 134 The reconsideration on 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 not taken up this legislative day and the bill was referred to the Secretary for engrossment. SB 146 The reconsideration on 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 was not taken up this legislative day and the bill was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. 1999-04-29 Senate Journal Page 1175 Engrossment 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 was engrossed, signed by the President and Secretary and transmitted to the House with a Senate Letter of Intent for consideration. SB 134 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 engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 146 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 was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 30, 1999. Without objection, the Senate adjourned at 11:49 a.m. Nancy Quinto Secretary of the Senate April 1999 1999-04-29 Senate Journal Page 1176 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 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 128STORAGE TANK ASSISTANCE FUND += SB 140COASTAL ZONE MANAGEMENT TO DNR += SB 151MUNICIPAL PROPERTY TAX EXEMPTIONS += SB 157POWER COST EQUALIZATION + SB 67GOVERNOR'S INC TAX:INDIVID/EST/TRUSTS BILLS PREVIOUSLY HEARD/SCHEDULED Apr 30 Friday 1:30 PM -- MEETING CANCELLED -- May 01 Saturday 10:00 AM = SB 31MENTAL HEALTH APPROPRIATIONS = SB 32CAPITAL BUDGET APPROPRIATIONS BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- 1999-04-29 Senate Journal Page 1177 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 May 03 Monday 1:30 PM = SB 117INSURANCE FOR SCHOOL DISTRICTS = SB 94MEDICAL USE OF MARIJUANA HJR 36AMERICAN PSYCHOLOGICAL ASSOCIATION REPORT SB 61TEACHERS'LICENSES, DISCIPLINE & ETHICS SB 80PUB.ASSISTANCE:PROGRAMS/GRANTS/CONTRACTS May 05 Wednesday 1:30 PM BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- JUDICIARY BELTZ 211 Apr 30 Friday 1:30 PM HJR 29ENDORSE FED COURT OF APPEALS/9TH CIRCUIT + BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- 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 30 Friday 3:00 PM BILLS PREVIOUSLY HEARD/SCHEDULED Monday May 3 CONFIRMATION HEARING: 3:00 PM ALASKA BOARD OF FISHERIES BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- 1999-04-29 Senate Journal Page 1178 RULES FAHRENKAMP 203 Apr 29 Thursday 11:50 AM SB 29REQUIREMENTS FOR PHYSICIAN'S LICENSE SB 45LAND OWNER IMMUNITY/ RT-OF-WAY VACATION SB 110PROPERTY ACQUIRED BY GOVT. ENTITY ---------------------------------------- STATE AFFAIRS BELTZ 211 Apr 29 Thursday 3:30 PM + HJR 27ALASKA/RUSSIA MARITIME BOUNDARY + HJR 34REPEAL ESTATE AND GIFT TAX + HB 189AHFC ACQUISITION OF BUILDING ---------------------------------------- TRANSPORTATION BUTROVICH 205 Apr 29 Thursday 1:30 PM SB 160ALASKA RAILROAD PASSENGER SURCHARGE JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 50 & HB 51 SENATE FINANCE 532 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