Legislature(1999 - 2000)
1999-05-03 Senate Journal
Full Journal pdf1999-05-03 Senate Journal Page 1197 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Fifth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:16 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Envoy Craig Fanning of the Salvation Army. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Let us pray: Heavenly Father, as we take time this morning to acknowledge You, make us ever mindful of Your presence with us. As the men and women of this legislative body have pledged to uphold and protect the people of Alaska, I pray You will give them the strength to stand for what they know to be right. Help them to govern as Your workmen, and grant to each member of this body a very special blessing today. This we ask in the Name of the One Who knows us, even as we are. Amen. Senator Leman led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journals for the one hundred second through one hundred fourth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. 1197 1999-05-03 Senate Journal Page 1198 Messages from the House SJR 11 Message dated April 30 was read, stating the House passed and returned: CS FOR SENATE JOINT RESOLUTION NO. 11(FIN) Urging the Congress of the United States to provide federal education funds as a block grant to the state. The resolution was referred to the Secretary for enrollment. SB 9 Message dated April 30 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 9(HES) An Act relating to the calculation of employee contributions and credited service in the public employees retirement system for noncertificated employees of school districts, regional educational attendance areas, the special education service agency, the Alaska Vocational Technical Center, and the state boarding schools; and providing for an effective date. The bill was referred to the Secretary for enrollment. SB 101 Message dated May 3 was read stating, the House has failed to recede from its amendment to CS FOR SENATE BILL NO. 101(FIN) am, namely: HOUSE CS FOR CS FOR SENATE BILL NO. 101(FIN) An Act relating to disasters and to the disaster relief fund. 1999-05-03 Senate Journal Page 1199 SB 101 The Speaker has appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the bills: Representative Murkowski Representative Bunde Representative Joule Senate members appointed April 30, 1999 (page 1183): Senator Halford, Chair Senator Parnell Senator Hoffman Messages dated April 27 and April 30 were read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 70 CS FOR HOUSE BILL NO. 70(RLS) am BY THE HOUSE RULES COMMITTEE, entitled: An Act relating to questionnaires or surveys administered in public schools was read the first time and referred to the Health, Education and Social Services Committee. HB 84 HOUSE BILL NO. 84 BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to international airports revenue bonds; and providing for an effective date. was read the first time and referred to the Transportation and Finance Committees. 1999-05-03 Senate Journal Page 1200 HB 155 HOUSE BILL NO. 155 BY REPRESENTATIVES SMALLEY, Davis, Phillips, Kemplen, Croft, entitled: An Act relating to municipal assembly forms of representation and apportionment. was read the first time and referred to the Community and Regional Affairs and State Affairs Committees. SB 33 Message dated April 30 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 33(FIN) with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 33(FIN) am H An Act relating to contracts for the performance of certain state functions previously performed by state employees and to the Commission on Privatization and Delivery of Government Services; and providing for an effective date. Senator Mackie moved that the Senate concur in the House amendment and recommended the body vote no. The question being: Shall the Senate concur in the House amendments? The roll was taken with the following result: HCS CSSB 33(FIN) am H Shall the Senate Concur in the House Amendments to CSSB 33(FIN)? Effective Date YEAS: 2 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, Elton Nays: Adams, Donley, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken 1999-05-03 Senate Journal Page 1201 SB 33 and so, the Senate failed to concur. The Secretary was requested to notify the House of the Senates action and request the House to recede from its amendments. In the event the House fails to recede, the President appointed a Conference Committee to meet with a like committee from the House to consider the bills: Senator Halford, Chair Senator Pearce Senator Elton SB 57 Message dated April 29 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 57(FIN) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 57(JUD) An Act relating to vulnerable adults; and providing for an effective date. 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 CSSB 57(JUD) Shall the Senate Concur in the House amendment to CSSB 57(FIN) Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken 1999-05-03 Senate Journal Page 1202 SB 57 and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 57(JUD) An Act relating to vulnerable adults; and providing for an effective date. 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. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Standing Committee Reports SB 128 The following forthcoming Finance Committee Substitute (page 1184) for SENATE BILL NO. 128 An Act relating to the storage tank assistance fund; eliminating the grant portion of a program relating to risk assessment, containment, corrective action, and cleanup of underground petroleum storage tank systems and replacing the grant portion with a loan program; relating to discharges from underground petroleum storage tank systems; and providing for an effective date was received today: CS FOR SENATE BILL NO. 128(FIN) An Act moving the termination date of the Board of Storage Tank Assistance to June 30, 1999; relating to the storage tank assistance fund, to financial assistance for owners and operators of underground petroleum storage tank systems, and to discharges from underground petroleum storage tank systems; and providing for an effective date. SB 7 The Rules Committee considered SENATE BILL NO. 7 An Act relating to the University of Alaska and university land, and authorizing the University of Alaska to select additional state land. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Pearce. Signing under other recommendations: Senator Ellis. 1999-05-03 Senate Journal Page 1203 SB 7 The bill is on todays calendar. SB 45 The Rules 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. Consideration of the Calendar Second Reading of Senate Bills SB 7 SENATE BILL NO. 7 An Act relating to the University of Alaska and university land, and authorizing the University of Alaska to select additional state land was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1085. Senator Ellis objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 7(FIN) was adopted and read the second time. Senator Taylor offered Amendment No. 1 : Page 9, lines 19 - 20: Delete "permits the continuation of traditional uses of the land to the maximum extent practicable" Insert ", to the maximum extent practicable, permits activities of the public that do not interfere with the use of the land by the university" 1999-05-03 Senate Journal Page 1204 SB 7 Senator Taylor moved and asked unanimous consent for the adoption of Amendment No. 1. Senator Ellis objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSSB 7(FIN) Second Reading Amendment No. 1 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Kelly Tim, Leman, Lincoln, Mackie, Phillips and so, Amendment No. 1 was adopted. Senator Taylor offered Amendment No. 2 : Page 4, line 8, following "resources": Insert "and, if the list of selections contains land within the boundaries of a municipality, the Board of Regents of the University of Alaska shall submit the list to the municipality." Page 4, line 14, following "section.": Insert "If the list submitted to the legislature contains land within the boundaries of a municipality, the Board of Regents and the governor shall provide a copy of the list to the municipality." Senator Taylor moved and asked unanimous consent for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. Senator Taylor offered Amendment No. 3 : Page 6, line 20: Delete "or" 1999-05-03 Senate Journal Page 1205 SB 7 Page 6, following line 20: Insert a new paragraph to read: "(2) includes land within the boundaries of a municipality, the municipality has a remaining entitlement under AS 29.65, and the municipality selects the land under AS 29.65 after its selection by the Board of Regents and before the Board of Regents and the governor jointly submit their list of land selections to the legislature; or" Renumber the following paragraph accordingly. Senator Taylor moved and asked unanimous consent for the adoption of Amendment No. 3. Senator Ellis objected, then withdrew his objection. There being no further objections, Amendment No. 3 was adopted. Senator Mackie moved and asked unanimous consent that President Pearce and Senator Mackie be shown as cosponsors on the bill. Without objection, it was so ordered. Senator Ward moved and asked unanimous consent that he be shown as a cosponsor 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. 7(FIN) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 7(FIN) am An Act relating to the University of Alaska and university land, and authorizing the University of Alaska to select additional state land pass the Senate? The roll was taken with the following result: 1999-05-03 Senate Journal Page 1206 SB 7 CSSB 7(FIN) am Third Reading - Final Passage 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 and so, CS FOR SENATE BILL NO. 7(FIN) am passed the Senate. Senator Ellis gave notice of reconsideration. SB 45 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 read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1148. Without objection, 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 was adopted and read the second time. Senator Halford offered Amendment No. 1 : Page 1, line 2: Delete "other governmental body" Insert "a municipality" 1999-05-03 Senate Journal Page 1207 SB 45 Page 2, line 19: Delete "other governmental body" Insert "a municipality" Senator Halford moved for the adoption of Amendment No. 1. Without objection, 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. Without objection, it was so ordered. CS FOR SENATE BILL NO. 45(FIN) am was read the third time. Senator Mackie moved and asked unanimous consent that President Pearce be shown as a cosponsor on the bill. Without objection, it was so ordered. Senator Taylor 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. 45(FIN) am An Act providing that a person who grants certain conservation easements to the state or a municipality 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 pass the Senate? The roll was taken with the following result: CSSB 45(FIN) am Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken 1999-05-03 Senate Journal Page 1208 SB 45 and so, CS FOR SENATE BILL NO. 45(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 and the bill was referred to the Secretary for engrossment. Citations Honoring - Famous People Players Senator(s) Tim Kelly, Miller, Leman, Wilken, Taylor, Mackie, Lincoln, Elton, Adams, Green, Pearce, Parnell, Hoffman Honoring - Alaskas Filipino Pioneers Senator(s) Ellis, Leman, Wilken, Taylor, Mackie, Lincoln, Tim Kelly, Elton, Adams, Green, Pearce, Pete Kelly, Ward, Parnell, Hoffman Honoring - Charlie Johanson-Adams Senator(s) Halford, Phillips, Leman, Wilken, Donley, Taylor, Mackie, Lincoln, Tim Kelly, Elton, Adams, Green, Pearce, Pete Kelly, Ward, Parnell, Hoffman Representative(s) Dyson Honoring - United Way of the Tanana Valley Representative(s) Brice Senator(s) Wilken, Miller, Pete Kelly, Leman, Taylor, Mackie, Lincoln, Tim Kelly, Elton, Adams, Green, Pearce, Parnell, Hoffman 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. Announcements Announcements are at the end of the journal. 1999-05-03 Senate Journal Page 1209 Engrossment SB 45 CS FOR SENATE BILL NO. 45(FIN) am An Act providing that a person who grants certain conservation easements to the state or a municipality 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 was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Enrollment SB 56 CS FOR SENATE BILL NO. 56(L&C) An Act allowing the disclosure of reports with regard to inspection and investigations of certain health care facilities, home health agencies, hospice programs, and assisted living homes; authorizing the Department of Health and Social Services to license home health agencies; and providing for an effective date was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 4:30 p.m., April 30, 1999. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 4, 1999. Without objection, the Senate adjourned at 12:24 p.m. Nancy Quinto Secretary of the Senate May 1999 1999-05-03 Senate Journal Page 1210 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 May 03 Monday 9:00 AM += SB 140COASTAL ZONE MANAGEMENT TO DNR += SB 157POWER COST EQUALIZATION += SB 67GOVERNOR'S INC TAX:INDIVID/EST/TRUSTS + SB 135METROPOLITAN PLANNING AUTHORITY BILLS PREVIOUSLY HEARD/SCHEDULED May 04 Tuesday 9:00 AM += SB 31MENTAL HEALTH APPROPRIATIONS += SB 32CAPITAL BUDGET APPROPRIATIONS += SB 135METROPOLITAN PLANNING AUTHORITY + SB 139SEAFOOD LABELING + SB 156MUNICIPAL CLASSIFICATIONS AND BOUNDARIES += SB 10UNDERGROUND UTILITIES + SCR 8LONG-TERM CARE TASK FORCE OF 1999 BILLS PREVIOUSLY HEARD/SCHEDULED May 05 Wednesday 9:00 AM = SB 31MENTAL HEALTH APPROPRIATIONS = SB 32CAPITAL BUDGET APPROPRIATIONS May 05 Wednesday 1:30 PM = SB 31MENTAL HEALTH APPROPRIATIONS = SB 32CAPITAL BUDGET APPROPRIATIONS May 05 Wednesday 6:00 PM += SB 32CAPITAL BUDGET APPROPRIATIONS += SB 31MENTAL HEALTH APPROPRIATIONS 1999-05-03 Senate Journal Page 1211 FINANCE May 07 Friday 1:30 PM = SB 31MENTAL HEALTH APPROPRIATIONS = SB 32CAPITAL BUDGET APPROPRIATIONS ---------------------------------------- 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 + SB 167UOA SCHOLARSHIPS/ALASKA SCHOLARS PROGRAM May 05 Wednesday 1:30 PM BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- JUDICIARY BELTZ 211 May 03 Monday 1:30 PM += SJR 25VOLUNTARY SCHOOL PRAYER += HB 83ALASKA SECURITIES ACT += SB 162RULE AGAINST PERPETUITIES += SB 163TRUSTS AND TRUSTEES BILLS PREVIOUSLY HEARD/SCHEDULED May 05 Wednesday 1:30 PM += HJR 29ENDORSE FED COURT OF APPEALS/9TH CIRCUIT BILLS PREVIOUSLY HEARD/SCHEDULED += SB 162RULE AGAINST PERPETUITIES += SB 163TRUSTS AND TRUSTEES May 07 Friday 1:30 PM + BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- LABOR & COMMERCE BELTZ 211 May 04 Tuesday 1:30 PM HB 146LIABILITY FOR COMMERCIAL REC ACTIVITIES HB 201OVERTIME COMPENSATION COMPUTATION ---------------------------------------- 1999-05-03 Senate Journal Page 1212 RESOURCES BUTROVICH 205 May 03 Monday 3:00 PM + CONFIRMATION HEARING: BD OF FISHERIES BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- RULES FAHRENKAMP 203 May 03 Monday 12:45 PM = SB 29REQUIREMENTS FOR PHYSICIAN'S LICENSE SB 71PHYSICIAN LICENSURE CHANGES = HB 64APPROPRIATIONS FOR Y2K & CORRECTIONS May 04 Tuesday UPON ADJOURNMENT = SB 110PROPERTY ACQUIRED BY GOVT. ENTITY SB 133COMBINE APUC AND AOGCC ---------------------------------------- STATE AFFAIRS BELTZ 211 May 04 Tuesday 3:30 PM SJR 24KOSOVO CONFLICT HJR 20FEDERAL INCOME TAX MARRIAGE PENALTY HJR 26ALASKA MARITIME BOUNDARY WITH CANADA FINANCE SUBCOMMITTEES CAPITAL BUDGET FINANCE SUBCOMMITTEE SENATE FINANCE 532 May 03 Monday 8:30 AM SUBCOMMITTEE RECOMMENDATIONS SB 32CAPITAL BUDGET APPROPRIATIONS JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 50 & HB 51 SENATE FINANCE 532 May 03 Monday 4:00 PM DEPARTMENTS OF LABOR, MILITARY AND VETERANS' AFFAIRS, REVENUE AND COURT SYSTEM 1999-05-03 Senate Journal Page 1213 OTHER MEETINGS CHILDREN'S CAUCUS BUTROVICH 205 May 04 Tuesday 12:00 PM FORMER FOSTER CHILD PANEL ---------------------------------------- MAJORITY CAUCUS BUTROVICH 205 May 03 Monday 12:25 PM May 04 Tuesday 4:30 PM