Legislature(1999 - 2000)
1999-05-11 Senate Journal
Full Journal pdf1999-05-11 Senate Journal Page 1361 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Thirteenth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:55 a.m. The roll showed nineteen members present. Senator Miller was absent. The prayer was offered by the Chaplain, Reverend Paul Beran of the Resurrection Lutheran Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord and Father of us all, You are from everlasting to everlasting. Our lives so quickly pass, even as an early morning breath. Today, amid mounting pressures to complete our work, when many voices noisily clamor to be heard, help us to be still and know that You are God, to be still and hear Your voice. Grant that today we might be instruments in Your hands; that the weak might be strengthened, the marginalized have a productive place in society, the voiceless be heard, the poor lifted up, and people in isolated villages not be forgotten. We dare to ask this, in the Name of Him Who said, as much as you did it to one of the least of these, my brothers, you did it to Me, Jesus the Christ. Amen. Senator Adams led the Senate in the Pledge of Allegiance. 1361 1999-05-11 Senate Journal Page 1362 Certification Senator Mackie moved and asked unanimous consent that the journal for the one hundred twelfth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated May 11 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 12 HOUSE CONCURRENT RESOLUTION NO. 12 am BY REPRESENTATIVES PORTER, Croft, Dyson; Senator Pearce, Relating to the states interest in oil and gas company mergers and establishing a Joint Special Committee on Mergers as a joint committee of the legislature. was read the first time and referred to the Resources Committee. Communications Report from the Commissioner of the Department of Administration dated May 7 was received, stating the monetary terms for the collective bargaining agreement reached with the Inlandmens Union of the Pacific-Alaska Region representing unlicensed employees of the Alaska Marine Highway System in accordance with AS 23.40.215. President Pearce referred the report to the Finance Committee. 1999-05-11 Senate Journal Page 1363 Standing Committee Reports SB 10 The Finance Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10 An Act requiring a utility that provides services in a municipality with a population of more than 100,000 to have an ongoing program of placing existing overhead utility lines underground; and relating to rates for recovering the cost of placing existing overhead utility lines underground and recommended it be replaced with CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10(FIN) An Act requiring an electric or telephone utility that provides services in a municipality with a population of more than 200,000 to have an ongoing program of placing existing overhead utility distribution lines underground; and relating to rates for recovering the cost of placing existing overhead utility distribution lines underground. Signing do pass: Senator Torgerson, Cochair, Senator Donley. Signing no recommendation: Senators Phillips, Pete Kelly, Leman, Wilken. Signing do not pass: Senator Green. Zero fiscal note published today from Department of Commerce and Economic Development. The bill was referred to the Rules Committee. SB 155 The Finance Committee considered SENATE BILL NO. 155 An Act relating to methods of payment of and reports concerning certain state salaries and business expenses and recommended it be replaced with CS FOR SENATE BILL NO. 155(FIN) Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Phillips, Green, Pete Kelly, Leman, Donley. Signing no recommendation: Senator Adams. Signing amend: Senator Wilken. 1999-05-11 Senate Journal Page 1364 SB 155 Previous fiscal note. The bill was referred to the Rules Committee. SB 169 Forthcoming Finance Committee Substitute for SENATE BILL NO. 169 An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2000; and providing for an effective date (page 1323) was received today. Recess Senator Mackie moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 12:03 p.m. After Recess The Senate reconvened at 12:45 p.m. SB 10 The Rules Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10 An Act requiring a utility that provides services in a municipality with a population of more than 100,000 to have an ongoing program of placing existing overhead utility lines underground; and relating to rates for recovering the cost of placing existing overhead utility lines underground. Signing to calendar: Senator Tim Kelly, Chair, Senators Leman, Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. SB 155 The Rules Committee considered SENATE BILL NO. 155 An Act relating to methods of payment of and reports concerning certain state salaries and business expenses. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Leman, Pearce. 1999-05-11 Senate Journal Page 1365 SB 155 The bill is on todays calendar. SB 171 The Rules Committee considered SENATE BILL NO. 171 An Act relating to the release of certain records and reports required by the Department of Fish and Game regarding fish, shellfish, or fishery products and reports of fish buyers and processors; relating to the transfer of certain land within the McNeil River State Game Refuge and McNeil River State Game Sanctuary to the state; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Leman, Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. HJR 36 The Rules Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) am 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The resolution is on todays calendar. Introduction and Reference of Senate Bills SB 173 SENATE BILL NO. 173 BY SENATOR GREEN, entitled: An Act relating to charter schools; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services Committee. 1999-05-11 Senate Journal Page 1366 Consideration of the Calendar Second Reading of Senate Bills SB 10 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10 An Act requiring a utility that provides services in a municipality with a population of more than 100,000 to have an ongoing program of placing existing overhead utility lines underground; and relating to rates for recovering the cost of placing existing overhead utility lines underground was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1363. Without objection, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10(FIN) An Act requiring an electric or telephone utility that provides services in a municipality with a population of more than 200,000 to have an ongoing program of placing existing overhead utility distribution lines underground; and relating to rates for recovering the cost of placing existing overhead utility distribution lines underground was adopted and read the second time. President Pearce stated that CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10(FIN) would appear on the May 12 calendar. SB 155 SENATE BILL NO. 155 An Act relating to methods of payment of and reports concerning certain state salaries and business expenses was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1363. Without objection, CS FOR SENATE BILL NO. 155(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. 1999-05-11 Senate Journal Page 1367 SB 155 CS FOR SENATE BILL NO. 155(FIN) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 155(FIN) An Act relating to methods of payment of and reports concerning certain state salaries and business expenses pass the Senate? The roll was taken with the following result: CSSB 155(FIN) Third Reading - Final Passage YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward Nays: Adams, Wilken and so, CS FOR SENATE BILL NO. 155(FIN) passed the Senate. Senator Wilken gave notice of reconsideration. SB 171 SENATE BILL NO. 171 An Act relating to the release of certain records and reports required by the Department of Fish and Game regarding fish, shellfish, or fishery products and reports of fish buyers and processors; relating to the transfer of certain land within the McNeil River State Game Refuge and McNeil River State Game Sanctuary to the state; and providing for an effective date was 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. SENATE BILL NO. 171 was read the third time. 1999-05-11 Senate Journal Page 1368 SB 171 The question being: Shall SENATE BILL NO. 171 An Act relating to the release of certain records and reports required by the Department of Fish and Game regarding fish, shellfish, or fishery products and reports of fish buyers and processors; relating to the transfer of certain land within the McNeil River State Game Refuge and McNeil River State Game Sanctuary to the state; and providing for an effective date pass the Senate? The roll was taken with the following result: SB 171 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 and so, SENATE BILL NO. 171 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 Halford gave notice of reconsideration. Third Reading of Senate Bills SB 32 CS FOR SENATE BILL NO. 32(FIN) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 32(FIN) am An Act making and amending appropriations and reappropriations; making and amending appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date pass the Senate? The roll was taken with the following result: 1999-05-11 Senate Journal Page 1369 SB 32 CSSB 32(FIN) am Third Reading - Final Passage Effective Dates 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. 32(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 clauses. Without objection, it was so ordered. Senator Mackie moved that the constitutional budget reserve fund section(s) (Article IX, Section 17(c), Constitution of the State of Alaska) be adopted. The question being: Shall the constitutional budget reserve fund section(s) (Article IX, Section 17(c), Constitution of the State of Alaska) be adopted? The roll was taken with the following result: CSSB 32(FIN) am Constitutional Budget Reserve Section(s) 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, the constitutional budget reserve fund section(s) were adopted. 1999-05-11 Senate Journal Page 1370 SB 32 Senator Parnell gave notice of reconsideration. Second Reading of House Resolutions HJR 36 CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) am 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 second time. Senator Mackie moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Without objection, it was so ordered. Senators Halford, Taylor, Green, Miller, Leman, Pearce, Pete Kelly moved and asked unanimous consent that they be shown as cross sponsors on the resolution. Without objection, it was so ordered. CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) am was read the third time. The question being: Shall CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) am 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, pass the Senate? The roll was taken with the following result: 1999-05-11 Senate Journal Page 1371 HJR 36 CSHJR 36(HES) am Third Reading - Final Passage 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 and so, CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) am passed the Senate, was signed by the President and Secretary and returned to the House. Citations Honoring - Geoff and Marcy Larson, 1999 Alaskan Small Business Persons of the Year Senator(s) Elton, Pearce, Wilken, Hoffman, Adams, Mackie, Green, Taylor, Tim Kelly, Lincoln, Halford Representative(s) Hudson, Kerttula Honoring - Darla Mae Church Representative(s) Harris Senator(s) Lincoln, Pearce, Wilken, Hoffman, Mackie, Green, Taylor, Leman, Tim Kelly, Elton Honoring - Sheran Benerth, George Viltrakis and Hazel McHone, Salcha Rescue Lifetime Members, April 1999 Representative(s) James Senator(s) Miller, Wilken, Pearce, Hoffman, Mackie, Green, Taylor, Leman, Tim Kelly, Lincoln, Elton Honoring - The Under 15 A Alaska Firebirds Hockey Team Representative(s) Bunde Senator(s) Pearce, Wilken, Hoffman, Phillips, Mackie, Green, Taylor, Leman, Tim Kelly, Lincoln, Elton, Halford 1999-05-11 Senate Journal Page 1372 In Memoriam - Harold Gillam Senator(s) Pete Kelly, Wilken, Miller, Ward, Pearce, Hoffman, Adams, Halford, Mackie, Green, Taylor, Leman, Tim Kelly, Lincoln, Elton Representative(s) Coghill In Memoriam - Levy Alasuk Mills, Sr. Representative(s) Joule Senator(s) Adams, Pearce, Wilken, Hoffman, Mackie, Green, Taylor, Leman, Tim Kelly, Lincoln, Elton 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 130 The reconsideration on SENATE BILL NO. 130 An Act relating to immunity for sale or transfer of a firearm; relating to administrative functions performed by and fees charged by the Department of Public Safety for transfer of a firearm was not taken up this legislative day and the bill was referred to the Secretary for engrossment. HB 208 The reconsideration on SENATE CS FOR HOUSE BILL NO. 208(L&C) An Act relating to professional counselors; 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. 1999-05-11 Senate Journal Page 1373 Engrossment SB 130 SENATE BILL NO. 130 An Act relating to immunity for sale or transfer of a firearm; relating to administrative functions performed by and fees charged by the Department of Public Safety for transfer of a firearm was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 208 SENATE CS FOR HOUSE BILL NO. 208(L&C) An Act relating to professional counselors; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. Enrollment SB 27 CS FOR SENATE BILL NO. 27(FIN) am H An Act relating to school records and driver license records of certain children 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 12:30 p.m., May 11, 1999. SB 48 CS FOR SENATE BILL NO. 48(HES) An Act relating to health insurance provided by and provisions relating to the Comprehensive Health Insurance Association 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 12:30 p.m., May 11, 1999. SB 104 SENATE BILL NO. 104 An Act relating to the Kuskokwim Ice Classic 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 12:30 p.m., May 11, 1999. 1999-05-11 Senate Journal Page 1374 SB 107 CS FOR SENATE BILL NO. 107(FIN) An Act relating to tourism and tourism marketing; eliminating the Alaska Tourism Marketing Council; 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 12:30 p.m., May 11, 1999. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 12, 1999. Without objection, the Senate adjourned at 1:38 p.m. Nancy Quinto Secretary of the Senate May 1999 1999-05-11 Senate Journal Page 1375 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 11 Tuesday 9:00 AM CANCELLED May 11 Tuesday 5:00 PM += SB 97MENTAL HEALTH; RECORDS; TREATMENT += SB 112POSTSECONDARY CLASS FOR HIGH SCHOOL + HB 40DEPT OF COMMERCE & RURAL DEVELOPMENT += HB 209ALASKA SCIENCE & TECH FOUNDATION GRANTS += SB 94MEDICAL USE OF MARIJUANA += SB 113FINANCES OF ALASKA HOUSING FINANCE CORP BILLS PREVIOUSLY HEARD/SCHEDULED May 12 Wednesday 9:00 AM HB 68BOARD OF PHARMACY HB 102CIGARETTE SALES: AGREEMENT/ESCROW HB 156PERMANENT FUND INVESTMENTS HB 157PFD ALLOWABLE ABSENCES HB 217FISHERY COOPERATIVE CONTRACTS BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 May 12 Wednesday 1:30 PM SB 170CREDITED SERVICE FOR ON-THE-JOB INJURIES BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- 1999-05-11 Senate Journal Page 1376 JUDICIARY FAHRENKAMP 203 May 11 Tuesday 1:40 PM -NOTE LOCATION CHANGE HB 151REVOCATION OF MINOR DRIVER'S LICENSE HB 214PRISON LITIGATION SB 162RULE AGAINST PERPETUITIES SB 163TRUSTS AND TRUSTEES SB 165LTD PARTNERSHIPS AND LTD. LIAB. COMPANIES SB 166COMMUNITY PROPERTY AGREEMENT/TRUSTS BILLS PREVIOUSLY HEARD/SCHEDULED BELTZ 211 May 12 Wednesday 1:30 PM + HB 177FOSTER CARE & DELINQUENT MINORS += SB 162RULE AGAINST PERPETUITIES += SB 163TRUSTS AND TRUSTEES += SB 165LTD PARTNERSHIPS AND LTD. LIAB. COMPANIES += SB 166COMMUNITY PROPERTY AGREEMENT/TRUSTS BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- LABOR & COMMERCE BELTZ 211 May 11 Tuesday 1:40 PM HB 13REGULATION OF ESCROW ACCOUNTS + HB 110SALE/LABELING OF MEAT/MILK PRODUCTS = HB 201OVERTIME COMPENSATION COMPUTATION ---------------------------------------- RESOURCES BUTROVICH 205 May 12 Wednesday 3:00 PM HCR 12JOINT SPECIAL COMMITTEE ON MERGERS BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- RULES FAHRENKAMP 203 May 11 Tuesday 12:00 PM SB 10UNDERGROUND UTILITIES SB 155SALARY REPORTS: LEG/EXEC/JUDICIAL BRANCH SB 171FISHERY DATA; MCNEIL RIVER REFUGE SJR 18EXXON VALDEZ DAMAGE CLAIMS ---------------------------------------- 1999-05-11 Senate Journal Page 1377 STATE AFFAIRS BELTZ 211 May 11 Tuesday 3:30 PM HB 112ESTABLISH ALASKA PUBLIC BUILDING FUND BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- TRANSPORTATION BUTROVICH 205 May 11 Tuesday 1:30 PM += HB 131ANCHORAGE COASTAL WILDLIFE REFUGE May 13 Thursday 1:30 PM BILLS PREVIOUSLY HEARD/SCHEDULED IF NEEDED JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 50 & HB 51 SENATE FINANCE 532 May 11 Tuesday 4:00 PM ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH 205 May 14 Friday 8:15 AM OTHER MEETINGS MAJORITY CAUCUS BUTROVICH 205 May 11 Tuesday 9:00 AM May 11 Tuesday 4:00 PM