Legislature(1999 - 2000)

1999-05-16 Senate Journal

Full Journal pdf

1999-05-16                     Senate Journal                      Page 1505
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    TWENTY-FIRST LEGISLATURE - FIRST SESSION                   
                                                                               
Juneau, Alaska                                                                 
                                                                               
                           One Hundred Eighteenth Day                          
                                                                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 5:42 p.m.                                                            
                                                                               
The roll showed fifteen members present. Senators Ellis, Halford,              
Lincoln, Taylor, Ward were absent.                                             
                                                                               
The prayer was offered by the Chaplain, Father Tom Moffatt of the              
St. Nicholas Orthodox Christian Church of Juneau. Senator Hoffman              
moved and asked unanimous consent that the prayer be spread.                   
Without objection, it was so ordered.                                          
                                                                               
Heavenly Father, look down on Your servants                                   
gathered here together. Guide them, protect them,                              
save them. All this we ask in the Name of our Lord                             
God and Savior, Jesus Christ.                 Amen.                            
                                                                               
Senator Parnell led the Senate in the Pledge of Allegiance.                    
                                                                               
                                                                               
                                Certification                                
                                                                               
Senator Mackie moved and asked unanimous consent that the journal              
for the one hundred seventeenth legislative day be approved as                 
certified by the Secretary. Without objection, it was so ordered.              
                                                                               
                                                                               
                                      1505                                     

1999-05-16                     Senate Journal                      Page 1506
                           Messages from the House                           
                                                                               
SB 33                                                                        
Message dated May 16 was read, stating the House has adopted the               
report of the Conference Committee with limited powers of free                 
conference considering HOUSE CS FOR CS FOR SENATE BILL                         
NO. 33(FIN) am H and CS FOR SENATE BILL NO. 33(FIN), thus                      
adopting:                                                                      
                                                                               
CONFERENCE CS FOR SENATE BILL NO. 33                                          
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.                                                         
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
SCR 8                                                                        
Message dated May 16 was read, stating the House passed and                    
returned:                                                                      
                                                                               
SENATE CONCURRENT RESOLUTION NO. 8                                            
Creating the Long-Term Care Task Force of 1999.                                
                                                                               
The resolution was referred to the Secretary for enrollment.                   
                                                                               
SB 156                                                                       
Message dated May 15 was read, stating the House passed and                    
returned:                                                                      
                                                                               
SENATE BILL NO. 156 An Act relating to                                        
municipal incorporation, to reclassification of cities,                        
to municipal boundary changes, and to dissolution                              
of municipalities.                                                             
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
                                                                               

1999-05-16                     Senate Journal                      Page 1507
HB 201                                                                       
Message dated May 15 was read, stating the House concurred in the              
Senate amendment to CS FOR HOUSE BILL NO. 201(FIN) am,                         
thus adopting:                                                                 
                                                                               
CS FOR HOUSE BILL NO. 201(FIN) am S An                                        
Act relating to the computation of overtime; and                               
providing for an effective date.                                               
                                                                               
HB 209                                                                       
Message dated May 15 was read, stating the House concurred in the              
Senate amendment to HOUSE BILL NO. 209, thus adopting:                         
                                                                               
SENATE CS FOR HOUSE BILL NO. 209(FIN)                                         
An Act amending the size of grants for which the                               
Alaska Science and Technology Foundation must                                  
allocate at least 50 percent of endowment income                               
and amending the maximum amount of the grant                                   
that the Alaska Science and Technology Foundation                              
may award for development of the Kodiak launch                                 
complex and Fairbanks satellite ground station space                           
park; and providing for an effective date.                                     
                                                                               
Messages dated May 15 and 16 were read, stating the House passed               
and transmitted for consideration:                                             
                                                                               
                        First Reading and Reference of                        
                               House Resolutions                              
                                                                               
HJR 7                                                                        
CS FOR HOUSE JOINT RESOLUTION NO. 7(FIN) am BY THE                             
HOUSE FINANCE COMMITTEE,                                                       
                                                                               
Proposing an amendment to the Constitution of the                             
State of Alaska relating to initiative and referendum                          
petitions.                                                                     
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    

1999-05-16                     Senate Journal                      Page 1508
                  First Reading and Reference of House Bills                 
                                                                               
HB 45                                                                        
CS FOR HOUSE BILL NO. 45(FIN) am BY THE HOUSE                                  
FINANCE COMMITTEE, entitled:                                                   
                                                                               
An Act relating to initiative and referendum                                  
petitions; and providing for an effective date.                                
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
HB 167                                                                       
CS FOR HOUSE BILL NO. 167(L&C) BY THE HOUSE LABOR                              
AND COMMERCE COMMITTEE, entitled:                                              
                                                                               
An Act repealing required registration for mobile                             
home dealers; and providing for an effective date.                             
                                                                               
was read the first time and referred to the Labor and Commerce                 
Committee.                                                                     
                                                                               
HB 227                                                                       
CS FOR HOUSE BILL NO. 227(RES) am BY THE HOUSE                                 
RESOURCES COMMITTEE, entitled:                                                 
                                                                               
An Act making up to 160 acres of land available                               
for selection by the Matanuska-Susitna Borough.                                
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
HB 231                                                                       
CS FOR HOUSE BILL NO. 231(FIN) am BY THE HOUSE                                 
FINANCE COMMITTEE, entitled:                                                   
                                                                               
                                                                               

1999-05-16                     Senate Journal                      Page 1509
HB 231                                                                       
An Act relating to deposits to the Alaska                                     
permanent fund from mineral lease rentals, royalties,                          
royalty sale proceeds, net profit shares under AS                              
38.05.180(f) and (g), federal mineral revenue sharing                          
payments received by the state from mineral leases,                            
and bonuses received by the state from mineral                                 
leases, and limiting deposits from those sources to                            
the 25 percent required under art. IX, sec. 15,                                
Constitution of the State of Alaska; relating to                               
income of the Alaska permanent fund, to the Alaska                             
Income Account, and to permanent fund dividends;                               
authorizing an advisory vote on a long term                                    
financial plan for the state; and providing for an                             
effective date.                                                                
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
SB 125                                                                       
Message dated May 15 was read, stating the House passed and                    
returned for consideration CS FOR SENATE BILL NO. 125(CRA)                     
with the following amendment:                                                  
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO.                                           
125(HES) An Act relating to school crisis response                             
planning.                                                                      
                                                                               
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:                       
                                                                               
                                                                               

1999-05-16                     Senate Journal                      Page 1510
SB 125                                                                       
                                                                               
HCS CSSB 125(HES)                                                              
Shall the Senate Concur in the House                                           
amendment to CSSB 125(CRA)?                                                    
                                                                               
YEAS:  15   NAYS:  0   EXCUSED:  0   ABSENT:  5                              
                                                                               
Yeas:  Adams, Donley, Elton, Green, Hoffman, Kelly Pete, Kelly Tim,            
Leman, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson,                   
Wilken                                                                         
                                                                               
Absent:  Ellis, Halford, Lincoln, Taylor, Ward                                 
                                                                               
and so, the Senate concurred in the House amendment, thus adopting             
HOUSE CS FOR CS FOR SENATE BILL NO. 125(HES) An Act                            
relating to school crisis response planning.                                   
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
                          Standing Committee Reports                         
                                                                               
HB 40                                                                        
Forthcoming Finance Senate Committee Substitute for CS FOR                     
HOUSE BILL NO. 40(FIN) am An Act merging certain departments                   
in the executive branch of state government; changing the names of             
certain departments in the executive branch of state government;               
transferring duties among departments and offices in the executive             
branch of state government; providing that certain discretionary duties        
formerly performed by the Department of Community and Regional                 
Affairs are mandatory in the department to which those duties are              
transferred; relating to the licensing of child care facilities; relating      
to the division of vocational rehabilitation; relating to the Alaska           
Human Resource Investment Council; adjusting the membership of                 
certain multi-member bodies; providing that a certain commissioner             
may designate department employees to serve in the commissioners               
place on a board, council, or similar entity; providing for advice to          
be given by a department head to the governor and other                        
commissioners on the delivery of government services to rural  areas           
                                                                               

1999-05-16                     Senate Journal                      Page 1511
HB 40                                                                        
and providing for recommendations to be made to the governor and               
other commissioners by that same commissioner about policy changes             
that would affect rural governments and rural affairs; relating to the         
federal community development quota program; eliminating                       
references to the division of tourism; eliminating a reference to              
manpower training programs; eliminating references to the director             
and deputy director of international trade; eliminating the requirement        
for a local advisory committee for consideration of rural                      
electrification loans; and providing for an effective date (page 1483)         
was received today.                                                            
                                                                               
HB 69                                                                        
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
69(FIN) am An Act requiring certain reports or information from                
alcoholic beverage licensees that are also limited liability                   
organizations; relating to powers of employees of the Alcoholic                
Beverage Control Board to investigate violations of certain criminal           
laws; relating to regulation of alcoholic beverage licenses issued to          
limited liability organizations; relating to brewpub licenses; relating        
to package store licenses; relating to a licensees violation of laws           
relating to alcoholic beverage licensing, sales, and distribution and          
to imposition, monitoring, and enforcement of conditions imposed on            
alcohol beverage licensees that are recommended by a local                     
governing body and that are required to be imposed on an alcohol               
beverage licensee unless the Alcoholic Beverage Control Board                  
determines the recommended conditions are arbitrary, capricious, or            
unreasonable; relating to consumption of alcoholic beverages on                
licensed premises; relating to the liability of a member of a limited          
liability organization who also holds an alcoholic beverage license;           
extending the termination date of the Alcoholic Beverage Control               
Board to June 30, 2003; relating to residency requirements for                 
obtaining an alcoholic beverage license; and providing for an                  
effective date. Signing do pass: Senator Taylor, Chair, Senator Ellis.         
Signing do not pass: Senator Halford.                                          
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               

1999-05-16                     Senate Journal                      Page 1512
HB 79                                                                        
The Judiciary Committee considered HOUSE BILL NO. 79 An Act                    
relating to letters of credit under the Uniform Commercial Code; and           
providing for an effective date. Signing do pass: Senator Taylor,              
Chair, Senator Ellis. Signing no recommendation: Senator Halford.              
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HB 83                                                                        
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
83(JUD)(title am) An Act relating to certain securities occupations            
and investment pools; relating, with regard to the Alaska Securities           
Act, to federal covered securities, the registration of securities, the        
general exemptions for securities and transactions, Internet offers of         
securities and transactions, file confidentiality, petitions to superior       
court by the administrator to reduce civil penalties to judgment, time         
limits for bringing court actions for violations, administrator-               
established fees and administrator-required reimbursements, consent            
to service, title, sales, purchases, offers to sell, and offers to             
purchase; exempting certain violations of the Alaska Securities Act            
from criminal penalties; amending or repealing certain current                 
definitions in the Alaska Securities Act; providing new Alaska                 
Securities Act definitions for certain securities occupations, for             
certain federal statutes, and for the terms advisory client, advisory          
fee, advisory services, clients who are natural persons, federal               
covered security, investment advisory business, investment                     
advisory contract, NASDAQ, notice filing, place of business,                   
principal place of business, securities business, substantial portion          
of the business, and supervised person; and providing for an                   
effective date. Signing do pass: Senator Taylor, Chair, Senator Ellis.         
Signing no recommendation: Senator Halford.                                    
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
The presence of Senators Lincoln, Taylor, Ellis was noted.                     

1999-05-16                     Senate Journal                      Page 1513
HB 92                                                                        
The Community and Regional Affairs Committee considered HOUSE                  
BILL NO. 92 An Act relating to municipal taxation of alcoholic                 
beverages. Signing do pass: Senator Tim Kelly, Chair, Senator                  
Phillips. Signing no recommendation: Senator Hoffman.                          
                                                                               
Previous House indeterminate and zero fiscal notes.                            
                                                                               
The bill was referred to the State Affairs Committee.                          
                                                                               
HB 131                                                                       
The Finance Committee considered HOUSE BILL NO. 131 An Act                     
relating to public rights-of-way and easements for surface                     
transportation across the Anchorage Coastal Wildlife Refuge.                   
Signing no recommendation: Senator Torgerson, Cochair, Senators                
Phillips, Green, Donley, Wilken, Leman, Pete Kelly. Signing amend:             
Senator Parnell, Cochair. Signing do not pass: Senator Adams.                  
                                                                               
Previous House indeterminate and zero fiscal notes.                            
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
The presence of Senator Halford was noted.                                     
                                                                               
HB 151                                                                       
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
151(JUD) am An Act relating to revocation and reinstatement of the             
drivers license of a person at least 14 but not yet 21 years of age            
and recommended it be replaced with                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
151(JUD)  An Act relating to possession, control,                              
or consumption of alcohol by a person under 21                                 
years of age; relating to revocation and                                       
reinstatement of the drivers license of a person at                            
least 14 years of age but not yet 21 years of age;                             
and relating to offenses involving operating a motor                           
vehicle by a person not yet 21 years of age. (title                            
change authorized by SCR 10)                                                   

1999-05-16                     Senate Journal                      Page 1514
HB 151                                                                       
Signing do pass: Senator Taylor, Chair. Signing no recommendation:             
Senators Halford, Ellis.                                                       
                                                                               
Fiscal notes published today from Department of Law, Department                
of Corrections, Department of Health and Social Services (2).                  
                                                                               
President Pearce added a Finance Committee referral to the bill.               
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
The presence of Senator Ward was noted.                                        
                                                                               
HB 225                                                                       
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
225(JUD) An Act relating to election campaigns and legislative                 
ethics; and providing for an effective date and recommended it be              
replaced with                                                                  
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 225                                       
(JUD)                                                                          
                                                                               
Signing no recommendation: Senator Taylor, Chair, Senator Halford.             
Signing do pass: Senator Donley.                                               
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SJR 18                                                                       
The Rules Committee considered SENATE JOINT RESOLUTION                         
NO. 18 Requesting Exxon Corporation to pay claimants for court-                
ordered damages resulting from the Exxon Valdez oil spill, and                 
recommended it be replaced with                                                
                                                                               
CS FOR SENATE JOINT RESOLUTION NO.                                            
18(RLS)                                                                        
                                                                               
                                                                               

1999-05-16                     Senate Journal                      Page 1515
SJR 18                                                                       
Signing to calendar: Senator Tim Kelly, Chair, Senators Miller,                
Leman. Signing under other recommendations: Senator Ellis. Signing             
do not pass: Senator Pearce.                                                   
                                                                               
The resolution is on todays calendar.                                          
                                                                               
HB 13                                                                        
The Rules Committee considered CS FOR HOUSE BILL NO.                           
13(FIN) am An Act relating to the characterization of, use of,                 
segregation of, deposit of, interest on, and disbursement of escrow            
money; relating to the recording, filing, and delivery of escrow               
documents; 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.                                                
                                                                               
HB 70                                                                        
The Rules Committee considered CS FOR HOUSE BILL NO.                           
70(RLS) am An Act relating to questionnaires or surveys                        
administered in public schools. Signing to calendar: Senator Tim               
Kelly, Chair, Senators Pearce, Leman, Miller. Signing under other              
recommendations: Senator Ellis.                                                
                                                                               
The bill is on todays calendar.                                                
                                                                               
HB 143                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
143(L&C) An Act relating to the executive officer employed for the             
Real Estate Commission, to the real estate surety fund, and to                 
employees paid from money in the real estate surety fund. Signing              
to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman,                 
Miller.                                                                        
                                                                               
The bill is on todays calendar.                                                
                                                                               
                                                                               

1999-05-16                     Senate Journal                      Page 1516
HB 156                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
156(FIN) An Act relating to investments by the Alaska Permanent                
Fund Corporation; and providing for an effective date. Signing to              
calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman,             
Pearce.                                                                        
                                                                               
The bill is on todays calendar.                                                
                                                                               
HB 216                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
216(TRA) An Act relating to school buses. Signing to calendar:                 
Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller.                      
                                                                               
The bill is on todays calendar.                                                
                                                                               
HB 82                                                                        
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
82(JUD) am An Act relating to certain claims arising out of or in              
connection with the year 2000 date change; amending Rule 23,                   
Alaska Rules of Civil Procedure; and providing for an effective date           
and recommended it be replaced with                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
82(JUD)                                                                        
                                                                               
Signing no recommendation: Senator Taylor, Chair, Senators Ellis,              
Halford.                                                                       
                                                                               
Previous House zero fiscal notes.                                              
                                                                               
President Pearce stated that the bill had not received any do pass             
recommendations in committee. The question being: Shall the bill               
be referred to the Rules Committee for placement on the calendar for           
second reading notwithstanding the report of the Judiciary                     
Committee? Without objection, the bill was referred to the Rules               
Committee.                                                                     
                                                                               
                                                                               

1999-05-16                     Senate Journal                      Page 1517
                         Introduction and Reference of                        
                              Senate Resolutions                              
                                                                               
SCR 10                                                                       
SENATE CONCURRENT RESOLUTION NO. 10 BY THE                                     
SENATE JUDICIARY COMMITTEE,                                                    
                                                                               
Suspending Rules 24(c), 35, 41(b), and 42(e),                                 
Uniform Rules of the Alaska State Legislature,                                 
concerning House Bill No. 151, relating to                                     
revocation of a drivers license for a person at least                          
14 years of age but not yet 21 years of age.                                   
                                                                               
was read the first time and referred to the Rules Committee.                   
                                                                               
                                                                               
                  Introduction and Reference of Senate Bills                 
                                                                               
SB 177                                                                       
SENATE BILL NO. 177 BY SENATOR DONLEY, entitled:                               
                                                                               
An Act relating to insurance trade practices; and                             
providing for an effective date.                                               
                                                                               
was read the first time and referred to the Labor and Commerce                 
Committee.                                                                     
                                                                               
                                                                               
                        Consideration of the Calendar                        
                                                                               
                        Second Reading of House Bills                        
                                                                               
HB 13                                                                        
CS FOR HOUSE BILL NO. 13(FIN) am An Act relating to the                        
characterization of, use of, segregation of, deposit of, interest on, and      
disbursement of escrow money; relating to the recording, filing, and           
delivery of escrow documents; and providing for an effective date              
was read the second time.                                                      
                                                                               
                                                                               

1999-05-16                     Senate Journal                      Page 1518
HB 13                                                                        
Senator Mackie moved and asked unanimous consent that the bill be              
advanced to third reading and placed on final passage. Without                 
objection, it was so ordered.                                                  
                                                                               
CS FOR HOUSE BILL NO. 13(FIN) am was read the third time.                      
                                                                               
Senator Ward moved that he be allowed to abstain from voting                   
because of a conflict of interest. Objections were heard and Senator           
Ward was required to vote.                                                     
                                                                               
The question being: Shall CS FOR HOUSE BILL NO. 13(FIN) am                     
An Act relating to the characterization of, use of, segregation of,            
deposit of, interest on, and disbursement of escrow money; relating            
to the recording, filing, and delivery of escrow documents; and                
providing for an effective date pass the Senate? The roll was taken            
with the following result:                                                     
                                                                               
CSHB 13(FIN) am                                                                
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  18   NAYS:  0   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Adams, Donley, Ellis, Elton, Green, Hoffman, Kelly Tim,                 
Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor,             
Torgerson, Ward, Wilken                                                        
                                                                               
Absent:  Halford, Kelly Pete                                                   
                                                                               
and so, CS FOR HOUSE BILL NO. 13(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             
signed by the President and Secretary and returned to the House.               
                                                                               

1999-05-16                     Senate Journal                      Page 1519
                                   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 6:00 p.m.                                                          
                                                                               
                                After Recess                                 
                                                                               
The Senate reconvened at 7:11 p.m.                                             
                                                                               
                                                                               
                   Second Reading of House Bills Continued                   
                                                                               
HB 70                                                                        
CS FOR HOUSE BILL NO. 70(RLS) am An Act relating to                            
questionnaires or surveys administered in public schools was read              
the second time.                                                               
                                                                               
Senator Miller, Chair, moved and asked unanimous consent for the               
adoption of the Health, Education and Social Services Senate                   
Committee Substitute offered on page 1415. Without objection,                  
SENATE CS FOR CS FOR HOUSE BILL NO. 70(HES) was                                
adopted and read the second time.                                              
                                                                               
Senator Halford, Acting Majority Leader, 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 CS FOR CS FOR HOUSE BILL NO. 70(HES) was read                           
the third time.                                                                
                                                                               
The question being: Shall SENATE CS FOR CS FOR HOUSE                           
BILL NO. 70(HES) An Act relating to questionnaires or surveys                  
administered in public schools pass the Senate? The roll was taken             
with the following result:                                                     
                                                                               
                                                                               

1999-05-16                     Senate Journal                      Page 1520
HB 70                                                                        
                                                                               
SCS CSHB 70(HES)                                                               
Third Reading - Final Passage                                                  
                                                                               
YEAS:  17   NAYS:  1   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Adams, Donley, Ellis, Green, Halford, Hoffman, Kelly Tim,               
Leman, Lincoln, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson,          
Ward, Wilken                                                                   
                                                                               
Nays:  Elton                                                                   
                                                                               
Absent:  Kelly Pete, Mackie                                                    
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 70(HES)                            
passed the Senate.                                                             
                                                                               
Senator Ellis gave notice of reconsideration.                                  
                                                                               
HB 143                                                                       
CS FOR HOUSE BILL NO. 143(L&C) An Act relating to the                          
executive officer employed for the Real Estate Commission, to the              
real estate surety fund, and to employees paid from money in the               
real estate surety fund was read the second time.                              
                                                                               
Senator Ward moved and asked unanimous consent that he be                      
allowed to abstain from voting because of a conflict of interest.              
Objections were heard and Senator Ward was required to vote.                   
                                                                               
Senator Mackie moved and asked unanimous consent that the bill be              
advanced to third reading and placed on final passage. Without                 
objection, it was so ordered.                                                  
                                                                               
CS FOR HOUSE BILL NO. 143(L&C) was read the third time.                        
                                                                               
The question being: Shall CS FOR HOUSE BILL NO. 143(L&C)                       
An Act relating to the executive officer employed for the Real                 
Estate Commission, to the real estate surety fund, and to employees            
paid from money in the real estate surety fund pass the Senate?                
The roll was taken with the following result:                                  
                                                                               

1999-05-16                     Senate Journal                      Page 1521
HB 143                                                                       
                                                                               
CSHB 143(L&C)                                                                  
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 BILL NO. 143(L&C) passed the Senate,                      
was signed by the President and Secretary and returned to the House.           
                                                                               
HB 156                                                                       
CS FOR HOUSE BILL NO. 156(FIN) An Act relating to                              
investments by the Alaska Permanent Fund Corporation; 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 Senate Committee Substitute offered on             
page 1457. Without objection, SENATE CS FOR CS FOR HOUSE                       
BILL NO. 156(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.                                 
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 156(FIN) was read                          
the third time.                                                                
                                                                               
The question being: Shall SENATE CS FOR CS FOR HOUSE                           
BILL NO. 156(FIN) An Act relating to investments by the Alaska                 
Permanent Fund Corporation; and providing for an effective date                
pass the Senate? The roll was taken with the following result:                 
                                                                               
                                                                               

1999-05-16                     Senate Journal                      Page 1522
HB 156                                                                       
                                                                               
SCS CSHB 156(FIN)                                                              
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Ellis, Elton, Green, Hoffman, Kelly Pete,                
Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Phillips,                  
Torgerson, Wilken                                                              
                                                                               
Nays:  Halford, Pearce, Taylor, Ward                                           
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 156(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 clause. Without objection, it was so ordered.                             
                                                                               
Senator Pearce gave notice of reconsideration.                                 
                                                                               
HB 216                                                                       
CS FOR HOUSE BILL NO. 216(TRA) An Act relating to school                       
buses was read the second time.                                                
                                                                               
Senator Mackie moved and asked unanimous consent that the bill be              
held in second reading with a pending amendment to the May 17                  
calendar. Without objection, it was so ordered.                                
                                                                               
                                                                               
                     Second Reading of Senate Resolutions                    
                                                                               
SJR 18                                                                       
SENATE JOINT RESOLUTION NO. 18 Requesting Exxon                                
Corporation to pay claimants for court-ordered damages resulting               
from the Exxon Valdez oil spill, was read the second time.                     
                                                                               
                                                                               

1999-05-16                     Senate Journal                      Page 1523
SJR 18                                                                       
Senator Tim Kelly, Chair, moved and asked unanimous consent for                
the adoption of the Rules Committee Substitute offered on page                 
1514. Without objection, CS FOR SENATE JOINT RESOLUTION                        
NO. 18(RLS) was adopted and read the second time.                              
                                                                               
Senator Mackie moved and asked unanimous consent that the                      
resolution be held in second reading to the May 17 calendar.                   
Without objection, it was so ordered.                                          
                                                                               
                                                                               
                                  Citations                                  
                                                                               
Honoring - Reverend Peter Gorges, Cathedral of the Nativity of the             
Blessed Virgin Mary                                                            
Representative(s) Harris, Cowdery                                              
Senator(s) Tim Kelly, Elton, Leman, Wilken, Mackie, Green, Lincoln,            
Adams, Pearce, Hoffman, Taylor, Parnell, Miller, Pete Kelly                    
                                                                               
Celebrating - The First Landing of a Bowhead Whale in Sixty Years              
on Little Diomede                                                              
Representative(s) Joule                                                        
Senator(s) Adams, Leman, Tim Kelly, Elton, Wilken, Mackie, Green,              
Lincoln, Pearce, Hoffman, Taylor, Parnell, Pete Kelly                          
                                                                               
Honoring - H. Raymond and Laura Measles                                        
Representative(s) Smalley                                                      
Senator(s) Ward, Leman, Tim Kelly, Elton, Wilken, Mackie, Green,               
Lincoln, Adams, Pearce, Hoffman, Taylor, Parnell, Pete Kelly                   
                                                                               
Honoring - Ryan Mack, Ian Weatherly, Bryce Burns, Ryan Derry,                  
Eagle Scouts                                                                   
Representative(s) Phillips                                                     
Senator(s) Leman, Tim Kelly, Elton, Wilken, Mackie, Green, Lincoln,            
Adams, Pearce, Hoffman, Taylor, Parnell, Pete Kelly                            
                                                                               
In Memoriam - Katrina Winchell                                                 
Representative(s) Kerttula, Hudson                                             
Senator(s) Elton, Pearce, Tim Kelly, Wilken, Mackie, Green, Lincoln,           
Adams, Hoffman, Taylor, Pete Kelly                                             

1999-05-16                     Senate Journal                      Page 1524
In Memoriam - Matt Brakel                                                      
Representative(s) Kerttula, Hudson                                             
Senator(s) Elton, Tim Kelly, Wilken, Mackie, Green, Lincoln,                   
Adams, Pearce, Hoffman, Taylor, Pete Kelly                                     
                                                                               
In Memoriam - Erma Gail Liebing                                                
Senator(s) Green, Leman, Tim Kelly, Elton, Wilken, Mackie, Lincoln,            
Adams, Pearce, Hoffman, Taylor, Parnell, Pete Kelly                            
                                                                               
In Memoriam - Gene Damron                                                      
Representative(s) Mulder                                                       
Senator(s) Leman, Tim Kelly, Elton, Wilken, Mackie, Green, Lincoln,            
Adams, Pearce, Hoffman, Taylor, Parnell, Pete Kelly                            
                                                                               
In Memoriam - Michael Gardner, Jr. and Katie Nicole Gallagher                  
Representative(s) Kohring, Ogan, Masek                                         
Senator(s) Green, Halford, Leman, Tim Kelly, Elton, Wilken, Mackie,            
Lincoln, Adams, Pearce, Hoffman, Taylor, Parnell, Pete Kelly                   
                                                                               
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                             
                                                                               
                       Reconsideration of Senate Bills                       
                                                                               
SB 52                                                                        
Senator Mackie requested that the reconsideration on CS FOR                    
SENATE BILL NO. 52(FIN) am An Act relating to competition in                   
the provision of local exchange telephone service; relating to fair and        
equal access to cable television utility services and facilities; and          
providing for an effective date be taken up. The bill was before the           
Senate on reconsideration.                                                     
                                                                               
                                                                               

1999-05-16                     Senate Journal                      Page 1525
SB 52                                                                        
Senator Mackie moved and asked unanimous consent that the                      
reconsideration on the bill be held to the May 17 calendar. Without            
objection, it was so ordered.                                                  
                                                                               
HB 87                                                                        
Senator Ward, Chair, moved and asked unanimous consent that the                
State Affairs Committee referral be waived on HOUSE BILL NO. 87                
An Act relating to money credited to the account of the state in the           
unemployment trust fund by the Secretary of the Treasury of the                
United States; and providing for an effective date. Without                    
objection, the bill was referred to the Finance Committee.                     
                                                                               
HB 158                                                                       
Senator Taylor, Chair, moved and asked unanimous consent that the              
Judiciary Committee referral be waived on CS FOR HOUSE BILL                    
NO. 158(L&C) An Act relating to the annual report of the director              
of the division of insurance and to notice of cancellation of personal         
insurance. Without objection, the bill was referred to the Rules               
Committee.                                                                     
                                                                               
HB 109                                                                       
The reconsideration on SENATE CS FOR CS FOR HOUSE BILL                         
NO. 109(RES) An Act relating to management of fish and game in                 
Glacier Bay National Park and Preserve and navigable waters was                
not taken up this legislative day and the bill was referred to the             
Secretary for engrossment.                                                     
                                                                               
HB 110                                                                       
The reconsideration on SENATE CS FOR CS FOR HOUSE BILL                         
NO. 110(L&C) An Act relating to the labeling of milk, cream, or                
any product or byproduct of milk or cream 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.                                   
                                                                               
                                                                               

1999-05-16                     Senate Journal                      Page 1526
                                 Engrossment                                 
                                                                               
HB 109                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 109(RES) An Act                            
relating to management of fish and game in Glacier Bay National                
Park and Preserve and navigable waters was engrossed, signed by                
the President and Secretary and returned to the House for                      
consideration.                                                                 
                                                                               
HB 110                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 110(L&C) An Act                            
relating to the labeling of milk, cream, or any product or byproduct           
of milk or cream was engrossed, signed by the President and                    
Secretary and returned to the House for consideration.                         
                                                                               
                                                                               
                                 Adjournment                                 
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., May 17, 1999. Without                   
objection, the Senate adjourned at 7:52 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                              May 1999         

1999-05-16                     Senate Journal                      Page 1527
                                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                                    
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                                 FAHRENKAMP 203                                
May 16                           Sunday 4:00 PM                                
	HB  92MUNICIPAL TAXATION OF ALCOHOL                                          
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
May 16                           Sunday 2:00 PM                                
=	HB 131ANCHORAGE COASTAL WILDLIFE REFUGE                                     
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
May 16                           Sunday 9:00 PM                                
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
May 17                           Monday 9:00 AM                                
	HB  84INTERNATIONAL AIRPORTS REVENUE BONDS                                   
	HB  87UNEMPLOYMENT TRUST FUND                                                
	HB 227HATCHER PASS PUBLIC USE AREA                                           
	HB 231AK.INCOME ACCT/PERM FUND/FINANCE PLAN                                  
	HB 151REVOCATION OF MINOR DRIVER'S LICENSE                                   
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                                 BUTROVICH 205                                 
May 17                           Monday 1:30 PM                                
+	HB  37SMOKING CESSATION AND EDUCATION PROGRAMS                              
                    ----------------------------------------                   
                                                                               
                                                                               

1999-05-16                     Senate Journal                      Page 1528
                                  RESOURCES                                  
                                 BUTROVICH 205                                 
May 16                               Sunday                                    
		--MEETING CANCELLED                                                          
	TO MEET AT CALL OF THE CHAIR                                                 
=	HB 104ENTRY MORATORIA ON PARTICIPANTS/VESSELS                               
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                                 FAHRENKAMP 203                                
May 16                           Sunday 4:30 PM                                
	HB  40DEPT OF COMMERCE & RURAL DEVELOPMENT                                   
	HB 135POLICE USE OF EAVESDROPPING DEVICES                                    
	HB 157PFD ALLOWABLE ABSENCES                                                 
	HB 187CERTIFICATES OF NEED FOR HEALTH FACILITY                               
=	SJR 18EXXON VALDEZ DAMAGE CLAIMS                                            
	HB 151REVOCATION OF MINOR DRIVER'S LICENSE                                   
	SB  76PERMANENT FUND INCOME ADVISORY VOTE                                    
	HCR  5EXTEND DALTON HWY TO ARCTIC OCEAN                                      
                                                                               
May 17                          Monday 10:30 AM                                
		AGENDA TO BE ANNOUNCED                                                       
                                                                               
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                        CONFERENCE COMMITTEE ON SB 101                       
                                 BUTROVICH 205                                 
May 16                          Sunday 11:30 AM                                
=	SB 101DEFINITION OF DISASTER                                                
                    ----------------------------------------                   
                                                                               
                             LEGISLATIVE COUNCIL                             
                                 BUTROVICH 205                                 
May 18                          Tuesday 12:30 PM                               
	RESCHEDULED FROM 5/14/99                                                     
                                                                               
                                                                               
                                OTHER MEETINGS                               
                                                                               
                               MAJORITY CAUCUS                               
                                 BUTROVICH 205                                 
May 16                           Sunday 6:00 PM                                
                    ----------------------------------------                   
                                                                               

1999-05-16                     Senate Journal                      Page 1529
                               MINORITY CAUCUS                               
                                   BELTZ 211                                   
May 16                           Sunday 6:00 PM                                
                    ----------------------------------------                   
                                                                               
                   JOINT SESSION - GOVERNOR'S CONFIRMATIONS                  
                                 HOUSE CHAMBER                                 
May 17                          Monday 11:15 AM                                
                    ---------------------------------------                    
                                                                               
                                                                               
                        Rule 23(d) currently in effect