Legislature(1999 - 2000)
1999-05-18 Senate Journal
Full Journal pdf1999-05-18 Senate Journal Page 1595 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Twentieth Day Pursuant to adjournment the Senate was called to order by President Pearce at 12:30 p.m. The roll showed fifteen members present. Senators Adams, Ellis, Hoffman, Lincoln, Torgerson were absent. The prayer was offered by the Chaplain, Father Tom Moffatt of the St. Nicholas Orthodox Christian Church of Juneau. Senator Pete Kelly moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord, look down from heaven. Help our unbelief. Give us faith, give us hope, give us the strength to love one another regardless of the strains of this life. Amen. Senator Green led the Senate in the Pledge of Allegiance. Messages from the House Message dated May 17 was read, stating: The House of Representatives respectfully invites the Senate to a Joint Session of the Legislature at 11:15 a.m. on Wednesday, May 19, 1999. The purpose of the Joint Session is to take up confirmation of additional Governors appointments. Senator Mackie moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. 1595 1999-05-18 Senate Journal Page 1596 Senator Taylor moved to amend the motion: Under Rule 51, the Senate invites the House to a Joint Session to consider confirmation of the Attorney General, either May 19, 1999 or during the First Special Session if one is called. Senator Pearce objected. Senator Pearce called the Senate. The call was satisfied. Senator Pearce lifted the call. President Pearce ruled the motion out of order. Without objection, the Senate accepted the Houses invitation. The Secretary was requested to notify the House. SB 29 Message dated May 17 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 29(RLS) An Act relating to licensure of physicians; and providing for an effective date. The bill was referred to the Secretary for enrollment. HB 70 Message dated May 17 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 70(RLS) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 70(HES) An Act relating to questionnaires or surveys administered in public schools. 1999-05-18 Senate Journal Page 1597 HB 109 Message dated May 17 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 109(RES) am, thus adopting: 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. HB 110 Message dated May 17 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 110(L&C), thus adopting: 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. SB 51 Message dated May 17 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 51(L&C) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 51(L&C) An Act relating to barbers, hairdressers, manicurists, and cosmetologists; providing that the only qualification necessary for licensure as a manicurist, other than payment of fees, is completion of a class that is 12 hours in duration, addresses relevant health, safety, and hygiene concerns, and is offered through a school approved by the Board of Barbers and Hairdressers; and providing for an effective date. Senator Mackie moved that the Senate concur in the House amendment. 1999-05-18 Senate Journal Page 1598 SB 51 The question being: Shall the Senate concur in the House amendment? The roll was taken with the following result: HCS CSSB 51(L&C) Shall the Senate Concur in the House amendment to CSSB 51(L&C)? Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Halford and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 51(L&C) An Act relating to barbers, hairdressers, manicurists, and cosmetologists; providing that the only qualification necessary for licensure as a manicurist, other than payment of fees, is completion of a class that is 12 hours in duration, addresses relevant health, safety, and hygiene concerns, and is offered through a school approved by the Board of Barbers and Hairdressers; and providing for an effective date. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 94 Message dated May 17 was read, stating the House passed and returned for consideration CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94(FIN) am with the following amendment: 1999-05-18 Senate Journal Page 1599 SB 94 HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94(FIN) An Act relating to the medical use of marijuana; and providing for an effective date. Senator Mackie moved that the Senate concur in the House amendment. The question being: Shall the Senate concur in the House amendment? The roll was taken with the following result: HCS CS SSSB 94(FIN) Shall the Senate Concur in the House amendment to CS SSSB 94(FIN) am? Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Ellis, Elton, Lincoln and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94(FIN) An Act relating to the medical use of marijuana; and providing for an effective date. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 110 Message dated May 17 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 110(RLS) am with the following amendment: 1999-05-18 Senate Journal Page 1600 SB 110 HOUSE CS FOR CS FOR SENATE BILL NO. 110(JUD) An Act relating to liability for the release of hazardous substances involving certain property acquired by a governmental entity; relating to making a determination as to when a hazardous substance release has occurred; relating to liability of a party other than the party responsible for the initial release of a hazardous substance; and providing for an effective date. Senator Mackie moved that the Senate concur in the House amendment. The question being: Shall the Senate concur in the House amendment? The roll was taken with the following result: HCS CSSB 110(JUD) Shall the Senate Concur in the House amendment to CSSB 110(RLS) am? 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, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 110(JUD) An Act relating to liability for the release of hazardous substances involving certain property acquired by a governmental entity; relating to making a determination as to when a hazardous substance release has occurred; relating to liability of a party other than the party responsible for the initial release of a hazardous substance; and providing for an effective date. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. 1999-05-18 Senate Journal Page 1601 SB 110 The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 169 Message dated May 17 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 169(FIN) with the following amendment: CS FOR SENATE BILL NO. 169(FIN) am H 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. 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: CSSB 169(FIN) am H Shall the Senate Concur in the House amendment to CSSB 169(FIN)? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Green, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Adams, Elton, Halford, Hoffman, Kelly Pete, Lincoln, Taylor and so, the Senate concurred in the House amendment, thus adopting CS FOR SENATE BILL NO. 169(FIN) am H 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. 1999-05-18 Senate Journal Page 1602 SB 169 Senator Mackie moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CSSB 169(FIN) am H Effective Date Clause 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, the effective date clause was adopted. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 171 Message dated May 17 was read, stating the House passed and returned for consideration SENATE BILL NO. 171 am with the following amendments: HOUSE CS FOR SENATE BILL NO. 171(RLS) am H 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 land to the state; and providing for an effective date. Senator Mackie moved that the Senate concur in the House amendments. The question being: Shall the Senate concur in the House amendments? The roll was taken with the following result: 1999-05-18 Senate Journal Page 1603 SB 171 HCS SB 171(RLS) am H Shall the Senate Concur in the House amendments to SB 171 am? 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, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR SENATE BILL NO. 171(RLS) am H 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 land to the state; and providing for an effective date. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Standing Committee Reports Report dated May 18 was read stating: In accordance with AS 39.05.080, the Senate Labor and Commerce Committee reviewed the following with regard to confirmation of the Governors appointments: 1999-05-18 Senate Journal Page 1604 Regulatory Commission of Alaska James S. Strandberg - Anchorage Appointed: 07/01/99 Expires: 07/01/2000 Wilfred K. Abbott - Anchorage Appointed: 07/01/99 Expires: 07/01/2001 Patricia Maria DeMarco - Anchorage Appointed: 07/01/99 Expires: 07/01/2002 Burnell Smith - Eagle River Appointed: 07/01/99 Expires: 07/01/2003 G. Nanette Thompson - Anchorage Appointed: 07/01/99 Expires: 07/01/2004 Signing the report: Senator Mackie, Chair, Senators Tim Kelly, Donley, Hoffman, Leman. HB 87 The Finance Committee considered 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. Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Pete Kelly, Adams, Wilken, Leman. Signing no recommendation: Senators Phillips, Green, Donley. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 151 The Finance 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(FIN) An Act 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. (technical title change) 1999-05-18 Senate Journal Page 1605 HB 151 Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Phillips, Green, Wilken. Signing no recommendation: Senators Pete Kelly, Adams, Leman, Donley. Zero fiscal notes published today from Department of Administration, Department of Law, Department of Corrections, Department of Health and Social Services (2). The bill was referred to the Rules Committee. HB 167 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 167(L&C) An Act repealing required registration for mobile home dealers; and providing for an effective date. Signing do pass: Senator Mackie, Chair, Senator Donley. Signing no recommendation: Senators Hoffman, Leman, Tim Kelly. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 231 The Finance Committee considered CS FOR HOUSE BILL NO. 231(FIN) am 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. Signing do pass: Senators Torgerson, Parnell, Cochairs, Senator Pete Kelly. Signing amend: Senators Green, Donley. Signing do pass if amended: Senator Phillips. Signing no recommendation: Senators Adams, Leman, Wilken. 1999-05-18 Senate Journal Page 1606 HB 231 Fiscal note published today from Office of the Governor. The bill was referred to the Rules Committee. HCR 5 The Rules Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 5(TRA) Relating to extension of the James Dalton Highway to the Arctic Ocean. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The resolution is on todays calendar. HJR 27 The Rules Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) Relating to the maritime boundary between Alaska and the former Union of Soviet Socialist Republics. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The resolution is on todays calendar. HJR 29 The Rules Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 29(JUD) Relating to the division of the Ninth Circuit Court of Appeals. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller. The resolution is on todays calendar. HB 40 The Rules Committee considered 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 1999-05-18 Senate Journal Page 1607 HB 40 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 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller. Signing do not pass: Senator Ellis. The bill is on todays calendar. HB 69 The Rules 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 1999-05-18 Senate Journal Page 1608 HB 69 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 and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller, Ellis. The bill is on todays calendar. HB 82 The Rules 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Pearce, Leman. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. HB 84 The Rules Committee considered HOUSE BILL NO. 84 An Act relating to international airports revenue bonds; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller, Ellis. The bill is on todays calendar. 1999-05-18 Senate Journal Page 1609 HB 131 The Rules 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 to calendar: Senator Tim Kelly, Chair, Senators Miller, Pearce, Leman. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. HB 157 The Rules Committee considered HOUSE BILL NO. 157 An Act relating to absences from the state while serving on oceangoing vessels of the United States merchant marine for purposes of eligibility for permanent fund dividends; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing amend: Senator Ellis. The bill is on todays calendar. HB 227 The Rules Committee considered CS FOR HOUSE BILL NO. 227(RES) am An Act making up to 160 acres of land available for selection by the Matanuska-Susitna Borough. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Pearce, Leman. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. Senator Mackie moved and asked unanimous consent that the Senate advance to Unfinished Business. Without objection, the Senate advanced to: Unfinished Business Citations Senator Mackie moved and asked unanimous consent that the following citations be made a special order of business. Without objection, it was so ordered. 1999-05-18 Senate Journal Page 1610 Special Order of Business Honoring - Ian Fisk, Senate Sergeant-at-Arms, Chris Blalock, Assistant Sergeant-at-Arms and Senate Pages, Tammy Davis, Ken Divelbess, Amber Kiesel, Kristin Moen, Angela Robinson, Sara Wright Senator(s) Tim Kelly, Halford, Adams, Donley, Ellis, Elton, Green, Hoffman, Pete Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Honoring - Jean Kline Upon her Retirement from the Senate Secretarys Office Senator(s) Tim Kelly, Pearce, Miller, Halford, Adams, Donley, Ellis, Elton, Green, Hoffman, Pete Kelly, Leman, Lincoln, Mackie, Parnell, Phillips, Taylor, Torgerson, Ward, Wilken 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. Reconsideration of House Bills HB 225 Senator Mackie requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 225(JUD) am S An Act relating to election campaigns and legislative ethics; and providing for an effective date be taken up. The bill was before the Senate on reconsideration. Senator Donley moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 9. Without objection, the bill was returned to second reading. Senator Donley offered Amendment No. 9 : Page 12, following line 10: Insert a new bill section to read: "* Sec. 16. AS24.60.030(a) is amended to read: (a) A legislator or legislative employee may not 1999-05-18 Senate Journal Page 1611 HB 225 (1) solicit, agree to accept, or accept a benefit other than official compensation for the performance of public duties; this paragraph may not be construed to prohibit lawful solicitation for and acceptance of campaign contributions or the acceptance of a lawful gratuity under AS24.60.080; (2) use public funds, facilities, equipment, services, or another government asset or resource for a nonlegislative purpose, for involvement in or support of or opposition to partisan political activity, or for the private benefit of either the legislator, legislative employee, or another person; this paragraph does not prohibit (A) limited use of state property and resources for personal purposes if the use does not interfere with the performance of public duties and either the cost or value related to the use is nominal or the legislator or legislative employee reimburses the state for the cost of the use; (B) the use of mailing lists, computer data, or other information lawfully obtained from a government agency and available to the general public for nonlegislative purposes; (C) telephone or facsimile use that does not carry a special charge; (D) the legislative council, notwithstanding AS24.05.190, from designating a public facility for use by legislators and legislative employees for health or fitness purposes; when the council designates a facility to be used by legislators and legislative employees for health or fitness purposes, it shall adopt guidelines governing access to and use of the facility; the guidelines may establish times in which use of the facility is limited to specific groups; ¦ORá (E) a legislator from using the legislators private office in the capital city during a legislative session, and for the 10 ¦FIVEá days immediately before and the 10 [FIVEá days immediately after a legislative session, for nonlegislative purposes if the use does not interfere with the performance of public duties and if there is no cost to the state for the use of the space and equipment, other than utility costs and minimal wear and tear, or the legislator promptly reimburses the state for the cost; an office is 1999-05-18 Senate Journal Page 1612 HB 225 considered a legislators private office under this subparagraph if it is the primary space in the capital city reserved for use by the legislator, whether or not it is shared with others; (F) a legislator from use of legislative employees to prepare and send out seasonal greeting cards; (G) a legislator from using state resources to transport computers or other office equipment owned by the legislator but primarily used for a state function; (H) use by a legislator of photographs of that legislator; (I) reasonable use of the Internet by a legislator or a legislative employee except if the use is for election campaign purposes; or (J) a legislator from soliciting, accepting, or receiving a gift on behalf of a recognized, nonpolitical charitable organization in a state facility; (3) knowingly seek, accept, use, allocate, grant, or award public funds for a purpose other than that approved by law, or make a false statement in connection with a claim, request, or application for compensation, reimbursement, or travel allowances from public funds; (4) require a legislative employee to perform services for the private benefit of the legislator or employee at any time, or allow a legislative employee to perform services for the private benefit of a legislator or employee on government time; it is not a violation of this paragraph if the services were performed in an unusual or infrequent situation and the persons services were reasonably necessary to permit the legislator or legislative employee to perform official duties; (5) use or authorize the use of state funds, facilities, equipment, services, or another government asset or resource for the purpose of political fund raising or campaigning; this paragraph does not prohibit 1999-05-18 Senate Journal Page 1613 HB 225 (A) limited use of state property and resources for personal purposes if the use does not interfere with the performance of public duties and either the cost or value related to the use is nominal or the legislator or legislative employee reimburses the state for the cost of the use; (B) the use of mailing lists, computer data, or other information lawfully obtained from a government agency and available to the general public for nonlegislative purposes; (C) telephone or facsimile use that does not carry a special charge; (D) storing or maintaining, consistent with (b) of this section, election campaign records in a legislators office; ¦ORá (E) a legislator from using the legislators private office in the capital city during a legislative session, and for the 10 ¦FIVEá days immediately before and the 10 [FIVEá days immediately after a legislative session, for nonlegislative purposes if the use does not interfere with the performance of public duties and if there is no cost to the state for the use of the space and equipment, other than utility costs and minimal wear and tear, or the legislator promptly reimburses the state for the cost; an office is considered a legislators private office under this subparagraph if it is the primary space in the capital city reserved for use by the legislator, whether or not it is shared with others; (F) use by a legislator of photographs of that legislator; (G) reasonable use of the Internet by a legislator or a legislative employee except if the use is for election campaign purposes; or 1999-05-18 Senate Journal Page 1614 HB 225 (H) use of governmental resources, including paid staff time, to support or oppose a proposed initiative or an amendment to the state or federal constitution; a legislator or legislative employee may support or oppose a proposed initiative or constitutional amendment; however, a legislator or legislative employee may not use governmental resources to solicit contributions for or gather signatures on an initiative petition; a legislative employee may not, on government time, accept or receive contributions relating to a proposed constitutional amendment or initiative." Renumber the following bill sections accordingly. Renumber internal references to bill sections in accordance with this amendment if other floor amendments have caused the renumbering of bill sections in SCS CSHB 225(JUD). Senator Donley moved for the adoption of Amendment No. 9. Objections were heard. The question being: Shall Amendment No. 9 be adopted? The roll was taken with the following result: SCS CSHB 225(JUD) am S Second Reading Amendment No. 9 YEAS: 14 NAYS: 4 EXCUSED: 0 ABSENT: 2 Yeas: Donley, Green, Halford, Hoffman, Kelly Pete, Leman, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Ellis, Elton, Lincoln, Phillips Absent: Adams, Kelly Tim and so, Amendment No. 9 was adopted. The bill was automatically in third reading. 1999-05-18 Senate Journal Page 1615 HB 225 Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 10. Without objection, the bill was returned to second reading. Senator Ellis offered Amendment No. 10 : Page 4, line 21, through page 5, line 9: Delete all material. Renumber the following bill sections accordingly. Page 6, line 22, through page 7, line 18: Delete all material and insert: "(7) transfer all or a portion of the unused campaign contributions to an account for a future election campaign; a transfer under this paragraph is limited to (A) $50,000, if the transfer is made by a candidate for governor or lieutenant governor; (B) $10,000, if the transfer is made by a candidate for the state senate; (C) $5,000, if the transfer is made by a candidate for the state house of representatives; and (D) $5,000, if the transfer is made by a candidate for an office not described in (A) - (C) of this paragraph; (8) transfer all or a portion of the unused campaign contributions to a public office expense term account or to a public office expense term account reserve in accordance with (d) of this section; a transfer under this paragraph is subject to the following: (A) the authority to transfer is limited to candidates who are elected to the state legislature; (B) the public office expense term account established under this paragraph may be used only for expenses associated with the candidates serving as a member of the legislature; (C) all amounts expended from the public office expense term account shall be annually accounted for under AS15.13.110(a)(4); and 1999-05-18 Senate Journal Page 1616 HB 225 (D) a transfer under this paragraph is limited to $5,000 multiplied by the number of years in the term to which the candidate is elected; and" Page 8, line 10: Delete "AS 15.13.118 ¦(a)(8) OF THIS SECTIONá" Insert "(a)(8) of this section" Page 8, line 29, through page 11, line 6: Delete all material. Renumber the following bill sections accordingly. Page 16, line 22: Delete all material. Renumber the following bill sections accordingly. Page 16, line 24: Delete "sec. 22" Insert "sec. 19" Page 16, line 26: Delete "sec. 21" Insert "sec. 18" Senator Ellis moved for the adoption of Amendment No. 10. Objections were heard. 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 3:05 p.m. 1999-05-18 Senate Journal Page 1617 After Recess The Senate reconvened at 3:37 p.m.. Senator Ellis called the Senate. The call was satisfied. HB 225 The question being: Shall Amendment No. 10 be adopted? The roll was taken with the following result: SCS CSHB 225(JUD) am S Second Reading Amendment No. 10 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Hoffman, Kelly Tim, Lincoln, Phillips Nays: Donley, Green, Halford, Kelly Pete, Leman, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken and so, Amendment No. 10 failed. The bill was automatically in third reading. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 225(JUD) am S An Act relating to election campaigns and legislative ethics; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 225(JUD) am S Third Reading - On Reconsideration Effective Date YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Hoffman, Kelly Pete, Leman, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Kelly Tim, Lincoln, Phillips and so, SENATE CS FOR CS FOR HOUSE BILL NO. 225(JUD) am S passed the Senate on reconsideration. 1999-05-18 Senate Journal Page 1618 HB 225 Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Senator Mackie moved and asked unanimous consent that the Senate return to Standing Committee Reports. Without objection, the Senate returned to: Standing Committee Reports HB 87 The Rules Committee considered 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. The bill is on todays calendar. HB 151 The Rules 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. The bill is on todays calendar. HB 231 The Rules Committee considered CS FOR HOUSE BILL NO. 231(FIN) am 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 1999-05-18 Senate Journal Page 1619 HB 231 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. The bill is on todays calendar. Special Committee Reports HB 50 The following report was received and distributed at 10:30 a.m., May 18, 1999 May 17, 1999 Madam President: Mr. Speaker: The CONFERENCE COMMITTEE with limited powers of free conference considering: CS FOR HOUSE BILL NO. 50(FIN)(brf sup maj fld) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date. and SENATE CS FOR CS FOR HOUSE BILL NO. 50(FIN) am S An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making 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. and recommends that 1999-05-18 Senate Journal Page 1620 HB 50 CONFERENCE CS FOR HOUSE BILL NO. 50 An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making 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. be adopted. Signing the report: Representative Mulder, Chair, Representatives Therriault, Grussendorf; Senators Parnell, Torgerson, Adams. HB 51 The following report was received and distributed at 10:30 a.m., May 18, 1999 May 17, 1999 Madam President: Mr. Speaker: The CONFERENCE COMMITTEE with limited powers of free conference considering CS FOR HOUSE BILL NO. 51(FIN) An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date. and SENATE CS FOR CS FOR HOUSE BILL NO. 51(FIN) am S and recommends that 1999-05-18 Senate Journal Page 1621 HB 51 CONFERENCE CS FOR HOUSE BILL NO. 51 An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date. be adopted. Signing the report: Representative Mulder, Chair, Representatives Therriault, Grussendorf; Senators Parnell, Torgerson, Adams. SB 101 The following report was received and distributed at 12:50 p.m., May 18, 1999 May 18, 1999 Madam President: Mr. Speaker: The CONFERENCE COMMITTEE with limited powers of free conference considered CS FOR SENATE BILL NO. 101(FIN) am An Act relating to disasters and to the disaster relief fund and HOUSE CS FOR CS FOR SENATE BILL NO. 101(FIN) and recommends that CONFERENCE CS FOR SENATE BILL NO. 101 An Act relating to disasters and to the disaster relief fund. be adopted. Signing the report: Senator Halford, Chair, Senators Parnell, Hoffman; Representatives Murkowski, Bunde, Joule. 1999-05-18 Senate Journal Page 1622 SB 101 Previous Senate fiscal notes. Senator Mackie moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 101. The question being: Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 101 An Act relating to disasters and to the disaster relief fund? The roll was taken with the following result: CCS SB 101 Shall the Senate adopt the Conference Committee report? YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln, Mackie and so, the report was adopted. The Secretary was requested to notify the House. The bill was referred to the Secretary for engrossment and enrollment. Consideration of the Calendar Second Reading of House Bills HB 40 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 1999-05-18 Senate Journal Page 1623 HB 40 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 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 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 1483. Senator Ellis objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 40(FIN) was adopted and read the second time. Senator Wilken offered Amendment No. 1 : Page 2, line 13, following "Education": Insert "and Early Development" Page 19, line 6, following "Education": Insert "and Early Development" Page 19, line 21, following "Education": Insert "and Early Development" Page 22, line 24, following "Education": Insert "and Early Development" 1999-05-18 Senate Journal Page 1624 HB 40 Page 23, line 17, following "Education": Insert "and Early Development" Page 23, line 24, following "Education": Insert "and Early Development" Page 27, line 20, following "education": Insert "and early development" Page 35, line 12, following "Education": Insert "and Early Development" Page 38, line 29, following "Education": Insert "and Early Development" Page 55, line 24, following "Education": Insert "and Early Development" Page 77, line 23, following "Education": Insert "and Early Development" Page 82, line 31, following "Education": Insert "and Early Development" Page 83, line 6, following "Education": Insert "and Early Development" Page 84, line 29, following "Education": Insert "and Early Development" Page 86, following line 18: Insert a new bill section to read: 1999-05-18 Senate Journal Page 1625 HB 40 "* Sec. 89. REVISOR'S INSTRUCTION REGARDING DEPARTMENT OF EDUCATION. Wherever in the Alaska Statutes and the Alaska Administrative Code the terms "Department of Education" and "commissioner of education" are used, they shall be read, respectively, as "Department of Education and Early Development" and "commissioner of education and early development" when to do so would be consistent with the changes made by this Act." Renumber the following bill sections accordingly. Renumber internal references to bill sections in accordance with this amendment. Below are all internal bill section references in this bill: Page 85, line 17 Page 87, lines 20, 24, 27, 28, 29, and 31 Page 88, lines 2, 3, 4, and 5 Senator Wilken moved for the adoption of Amendment No. 1. Objections were heard. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: SCS CSHB 40(FIN) Second Reading Amendment No. 1 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Lincoln, Mackie, Pearce, Phillips, Wilken Nays: Donley, Green, Halford, Leman, Miller, Parnell, Taylor, Torgerson, Ward and so, Amendment No. 1 was adopted 1999-05-18 Senate Journal Page 1626 HB 40 Senator Leman offered Amendment No. 2 : Before Section 94 insert the following: The Department of Labor and Workforce Development and Department of Community and Economic Development shall perform a detailed evaluation addressing the administrative, financial, and technical issues regarding the transfer of AS 18.62 and AS 18.63 to the Department of Community and Economic Development, Division of Occupational Licensing on July 1, 2000. The Department must submit its report of this evaluation to the Legislature by December 1, 1999. Senator Leman moved for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. Senator Leman offered Amendment No. 3 : Before Section 94 insert: The Department of Labor and Workforce Development and Department of Public Safety shall perform a detailed evaluation addressing the administrative, financial, and technical issues regarding the transfer of construction and building inspection duties currently within the Department of Labor and Workforce Development to the Department of Public Safety on July 1, 2000. The Department must submit its report of this evaluation to the legislature by December 1, 1999. Senator Leman moved for the adoption of Amendment No. 3. Without objection, Amendment No. 3 was adopted. Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 40(FIN) am S was read the third time. 1999-05-18 Senate Journal Page 1627 HB 40 The question being: Shall SENATE CS FOR CS FOR HOUSEBILL NO. 40 am S DEPT OF COMMERCE & RURAL DEVELOPMENT, pass the Senate? The roll was taken with the following result: SCS CSHB 40(FIN) am S Third Reading - Final Passage Effective Dates YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Green, Hoffman, Lincoln and so, SENATE CS FOR CS FOR HOUSE BILL NO. 40(FIN) am S 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 Ellis gave notice of reconsideration. Recess Senator Mackie moved and asked unanimous consent that the Senate stand in recess to 5:00 p.m. Without objection, the Senate recessed at 4:40 p.m. After Recess The Senate reconvened at 5:34 p.m.. 1999-05-18 Senate Journal Page 1628 HB 69 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 was read the second time. Senator Tim Kelly, Chair, moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 1607. Senator Donley objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) was adopted and read the second time. Amendment No. 1 was not offered. 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. 69(RLS) was read the third time. 1999-05-18 Senate Journal Page 1629 HB 69 The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) ALCOHOLIC BEVERAGE CONTROL BOARD, pass the Senate? The roll was taken with the following result: SCS CSHB 69(RLS) Third Reading - Final Passage Effective Dates 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 CS FOR CS FOR HOUSE BILL NO. 69(RLS) passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 82 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 was read the second time. Senator Taylor, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 1516. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 82(JUD) was adopted and read the second time. Senators Ellis, Miller offered Amendment No. 1 : Page 1, line 5, following INTENT: Insert FOR SECTION 5 1999-05-18 Senate Journal Page 1630 HB 82 Page 2, line 13, following (b): Delete It Insert Regarding sec. 5 of this Act, it Page 2, line 14, following (1): Insert sec. 5 of Page 2, line 20, following provisions of: Insert sec. 5 of Page 2, line 23, following created in: Insert sec. 5 of Page 2, line 23, following nothing in: Insert sec. 5 of Page 2, following line 27: Insert new bill sections to read: * Sec. 2. AS09.50 is amended by adding a new section to read: Sec.09.50.255. Immunity for claims against the state arising out of or in connection with the year 2000 date change. (a) Notwithstanding any contrary provisions of AS09.50.250, an action in connection with the year 2000 date change may not be brought against the state, or against an agent, officer, or employee of the state for an act or omission occurring in the scope of that persons employment or work for the state, for damages caused directly or indirectly by a failure (1) of an electronic computing device owned, controlled, or operated by the state, or (2) arising out of an inspection or review of an electronic computing device owned, controlled, or operated by others. The immunity described in this subsection does not apply if the affected party shows by clear and convincing evidence that the state did not use good faith efforts to avoid the failure that caused the damages claimed in the civil action. For purposes of this subsection, the state used good faith efforts as a matter of law if the state made efforts to identify, test, and develop contingency plans for critical systems. (b) This section does not affect immunity provided to the state under another provision of law. 1999-05-18 Senate Journal Page 1631 HB 82 (c) In this section, (1) "electronic computing device" includes computer hardware or software, a computer chip, an embedded chip, process control equipment, or other information system that is used to capture, store, manipulate, or process data, or that controls, monitors, or assists in the operation of a physical apparatus that is not primarily used as a computer but that relies on automation or digital technology to function; (2) "physical apparatus that is not primarily used as a computer" includes a vehicle, a vessel, a building, a structure, a facility, an elevator, medical equipment, a traffic signal, machinery, access controls, and similar types of items; (3) "state" includes a department, institution, board, commission, division, authority, public corporation, council, committee, or other instrumentality of the state, including the University of Alaska; (4) "year 2000 date change" includes processing date or time data from, into, and between the Twentieth and Twenty- First Centuries, and leap-year calculations; in this paragraph, "processing" includes calculating, comparing, sequencing, displaying, and storing. * Sec. 3. AS09.65.070(d) is amended to read: (d) An action for damages may not be brought against a municipality or any of its agents, officers, or employees if the claim (1) is based on a failure of the municipality, or its agents, officers, or employees, when the municipality is neither owner nor lessee of the property involved, (A) to inspect property for a violation of any statute, regulation, or ordinance, or a hazard to health or safety; (B) to discover a violation of any statute, regulation, or ordinance, or a hazard to health or safety if an inspection of property is made; or (C) to abate a violation of any statute, regulation, or ordinance, or a hazard to health or safety discovered on property inspected; 1999-05-18 Senate Journal Page 1632 HB 82 (2) is based on ¦UPONá the exercise or performance or the failure to exercise or perform a discretionary function or duty by a municipality, or its agents, officers, or employees, whether or not the discretion involved is abused; (3) is based on ¦UPONá the grant, issuance, refusal, suspension, delay, or denial of a license, permit, appeal, approval, exception, variance, or other entitlement, or a rezoning; (4) is based on the exercise or performance during the course of gratuitous extension of municipal services on an extraterritorial basis; (5) is based on ¦UPONá the exercise or performance of a duty or function upon the request of, or by the terms of an agreement or contract with, the state to meet emergency public safety requirements; ¦ORá (6) is based on the exercise or performance of a duty in connection with an enhanced 911 emergency system and is not based on an intentional act of misconduct or on an act of gross negligence; or (7) is caused directly or indirectly by a failure, in connection with the year 2000 date change, of an electronic computing device owned, controlled, or operated by the municipality, or by an agent, officer, or employee of the municipality and occurring in the scope of that persons employment or work for the municipality; the immunity described in this paragraph does not apply if the affected party shows by clear and convincing evidence that the municipality did not use good faith efforts to avoid the failure that caused the damages claimed in the civil action; for purposes of this paragraph, the municipality used good faith efforts as a matter of law if the municipality made efforts to identify, test, and develop contingency plans for critical systems; this paragraph does not affect immunity provided to a municipality under another provision of law. * Sec. 4. AS09.65.070(e) is amended by adding new paragraphs to read: 1999-05-18 Senate Journal Page 1633 HB 82 (3) "electronic computing device" includes computer hardware or software, a computer chip, an embedded chip, process control equipment, or other information system that is used to capture, store, manipulate, or process data, or that controls, monitors, or assists in the operation of a physical apparatus that is not primarily used as a computer but that relies on automation or digital technology to function; (4) "physical apparatus that is not primarily used as a computer" includes a vehicle, a vessel, a building, a structure, a facility, an elevator, medical equipment, a traffic signal, machinery, access controls, and similar types of items; (5) "year 2000 date change" includes processing date or time data from, into, and between the Twentieth and Twenty- First Centuries, and leap year calculations; in this paragraph, "processing" includes calculating, comparing, sequencing, displaying, and storing. Renumber the following bill sections accordingly. Page 5, line 8, following Sec. 6.: Delete AS 09.65.260 is Insert AS 09.50.255; AS 09.65.070(d)(7), 09.65.070(e)(3), 09.65.070(e)(4), 09.65.070(e)(5), and 09.65.260 are Page 5, line 9, following enacted by: Delete sec. 2 Insert sec. 5 Page 5, lines 14 - 15: Delete all material Insert described in AS 09.50.225, enacted by sec. 2 of this Act, AS 09.65.070(d)(7), enacted by sec. 3 of this Act, or AS09.65.260, enacted by sec. 5 of this Act, that accrues on or after the effective date of this Act but before January 1, 2006. Senator Ellis moved for the adoption of Amendment No. 1. Objections were heard. 1999-05-18 Senate Journal Page 1634 HB 82 The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: SCS CSHB 82(JUD) Second Reading Amendment No. 1 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Hoffman, Leman, Lincoln, Mackie, Miller, Pearce, Phillips, Wilken Nays: Donley, Green, Halford, Kelly Pete, Kelly Tim, Parnell, Taylor, Torgerson, Ward and so, Amendment No. 1 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 82(JUD) am will appear on the May 19 calendar. HB 84 HOUSE BILL NO. 84 An Act relating to international airports revenue bonds; and providing for an effective date was read the second time. 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. HOUSE BILL NO. 84 was read the third time. The question being: Shall HOUSE BILL NO. 84 An Act relating to international airports revenue bonds; and providing for an effective date pass the Senate? The roll was taken with the following result: 1999-05-18 Senate Journal Page 1635 HB 84 HB 84 Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Ellis, Elton, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Parnell, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Green, Halford, Hoffman, Pearce Absent: Miller and so, HOUSE BILL NO. 84 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 87 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 was read the second time. 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. HOUSE BILL NO. 87 was read the third time. The question being: Shall 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 pass the Senate? The roll was taken with the following result: 1999-05-18 Senate Journal Page 1636 HB 87 HB 87 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, HOUSE BILL NO. 87 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. HB 131 HOUSE BILL NO. 131 An Act relating to public rights-of-way and easements for surface transportation across the Anchorage Coastal Wildlife Refuge was read the second time. Senators Parnell, Leman, Adams offered Amendment No. 1 : Page 1, line 11, following plan: Insert or for a realignment of the right-of-way for the new Seward Highway Senator Parnell moved for the adoption of Amendment No. 1. Senator Ellis moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 1: Page 1, line 11, following plan: Insert , for a realignment of the right-of-way for the Alaska Railroad, 1999-05-18 Senate Journal Page 1637 HB 131 Without objection, Amendment No. 1 was amended. Without objection, Amendment No. 1 as amended was adopted. Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 131 am S was read the third time. The question being: Shall HOUSE BILL NO. 131 am S An Act relating to public rights-of-way and easements for surface transportation across the Anchorage Coastal Wildlife Refuge pass the Senate? The roll was taken with the following result: HB 131 am S Third Reading - Final Passage YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Green, Halford, Hoffman, Kelly Pete, Leman, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Ellis, Elton, Kelly Tim, Lincoln, Phillips Adams changed from "Nay" to "Yea". and so, HOUSE BILL NO. 131 am S passed the Senate. Senator Ellis gave notice of reconsideration. HB 151 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 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 1604. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 151(FIN) was adopted and read the second time. 1999-05-18 Senate Journal Page 1638 HB 151 Senator Pete Kelly offered Amendment No. 1 : Page 1, line 9, following "elements": Insert "and the possession or consumption of alcohol occurred while occupying or while in the immediate vicinity of a motor vehicle" Page 4, following line 5: Insert a new bill section to read: "* Sec. 5. AS28.15.183(g) is amended to read: (g) Except as provided under (h) of this section, the department may not issue a new license or reissue a license to a person whose drivers license, permit, or privilege to drive has been revoked under this section unless the person is enrolled in and is in compliance with, or has successfully completed, (1) an alcoholism education or rehabilitation treatment program approved under AS47.37, if the revocation resulted from possession or consumption of alcohol in violation of AS04.16.050 or a municipal ordinance with substantially similar elements and the possession or consumption occurred while occupying or while in the immediate vicinity of a motor vehicle, from operating a vehicle after consuming alcohol in violation of AS28.35.280, or from refusal to submit to a chemical test of breath in violation of AS28.35.285; or (2) a drug education or rehabilitation treatment program, if the revocation resulted from possession or use of a controlled substance in violation of AS11.71 or a municipal ordinance with substantially similar elements." Renumber the following bill sections accordingly. Page 5, following line 6: Insert new bill sections to read: "* Sec. 8. AS28.15.184(g) is amended to read: 1999-05-18 Senate Journal Page 1639 HB 151 (g) The hearing for review of a revocation by the department under AS28.15.183 shall be limited to the issues of whether the person was at least 14 years of age but not yet 21 years of age and whether the person possessed or used a controlled substance in violation of AS11.71 or a municipal ordinance with substantially similar elements, or possessed or consumed alcohol in violation of AS04.16.050 or a municipal ordinance with substantially similar elements and the possession or consumption occurred while occupying or while in the immediate vicinity of a motor vehicle, operated a vehicle after consuming alcohol in violation of AS28.35.280, or refused to submit to a chemical test of breath in violation of AS28.35.285. * Sec. 9. AS28.15.219 is amended by adding a new paragraph to read: (4) "possessed," in relation to alcohol, means having physical possession of an alcoholic beverage." Page 5, line 3: Delete "Section 5" Insert "Section 6" Page 5, line 5: Delete "1 - 4 and 6" Insert "1 - 5 and 7 - 9" Renumber the following bill sections accordingly. Senator Pete Kelly moved for the adoption of Amendment No. 1. Objections were heard. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1999-05-18 Senate Journal Page 1640 HB 151 SCS CSHB 151(FIN) Second Reading Amendment No. 1 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Hoffman, Kelly Pete, Lincoln, Wilken Nays: Green, Halford, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward and so, Amendment No. 1 failed. 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. 151(FIN) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 151(FIN) An Act 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 pass the Senate? The roll was taken with the following result: SCS CSHB 151(FIN) 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, SENATE CS FOR CS FOR HOUSE BILL NO. 151(FIN) passed the Senate. Senator Ellis gave notice of reconsideration. 1999-05-18 Senate Journal Page 1641 HB 157 HOUSE BILL NO. 157 An Act relating to absences from the state while serving on oceangoing vessels of the United States merchant marine for purposes of eligibility for permanent fund dividends; and providing for an effective date was read the second time. 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. HOUSE BILL NO. 157 was read the third time. The question being: Shall HOUSE BILL NO. 157 An Act relating to absences from the state while serving on oceangoing vessels of the United States merchant marine for purposes of eligibility for permanent fund dividends; and providing for an effective date pass the Senate? The roll was taken with the following result: HB 157 Third Reading - Final Passage Effective Date YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Elton, Green, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Pearce, Phillips, Taylor, Torgerson, Ward Nays: Ellis, Halford, Lincoln, Miller, Parnell, Wilken and so, HOUSE BILL NO. 157 passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. 1999-05-18 Senate Journal Page 1642 HB 227 CS FOR HOUSE BILL NO. 227(RES) am An Act making up to 160 acres of land available for selection by the Matanuska-Susitna Borough was read the second time. 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. 227(RES) am was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 227(RES) am An Act making up to 160 acres of land available for selection by the Matanuska-Susitna Borough pass the Senate? The roll was taken with the following result: CSHB 227(RES) am Third Reading - Final Passage YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Lincoln and so, CS FOR HOUSE BILL NO. 227(RES) am passed the Senate. Senator Ellis gave notice of reconsideration. HB 231 Senator Mackie moved and asked unanimous consent that CS FOR HOUSE BILL NO. 231(FIN) am 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 1999-05-18 Senate Journal Page 1643 HB 231 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 be moved to the bottom of todays calendar. Without objection, it was so ordered. Second Reading of House Resolutions HJR 27 CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) Relating to the maritime boundary between Alaska and the former Union of Soviet Socialist Republics, 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. CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) was read the third time. The question being: Shall CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) Relating to the maritime boundary between Alaska and the former Union of Soviet Socialist Republics, pass the Senate? The roll was taken with the following result: CSHJR 27(STA) Third Reading - Final Passage YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Elton, Hoffman, Lincoln and so, CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) passed the Senate. Senator Ellis gave notice of reconsideration. 1999-05-18 Senate Journal Page 1644 HJR 29 CS FOR HOUSE JOINT RESOLUTION NO. 29(JUD) Relating to the division of the Ninth Circuit Court of Appeals, 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. CS FOR HOUSE JOINT RESOLUTION NO. 29(JUD) was read the third time. The question being: Shall CS FOR HOUSE JOINT RESOLUTION NO. 29(JUD) Relating to the division of the Ninth Circuit Court of Appeals, pass the Senate? The roll was taken with the following result: CSHJR 29(JUD) Third Reading - Final Passage YEAS: 14 NAYS: 3 EXCUSED: 0 ABSENT: 3 Yeas: Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Elton, Hoffman, Lincoln Absent: Adams, Ellis, Miller and so, CS FOR HOUSE JOINT RESOLUTION NO. 29(JUD) passed the Senate, was signed by the President and Secretary and returned to the House. HCR 5 CS FOR HOUSE CONCURRENT RESOLUTION NO. 5(TRA) was read the second time and was before the Senate on final passage. The question being: Shall CS FOR HOUSE CONCURRENT RESOLUTION NO. 5(TRA) Relating to extension of the James Dalton Highway to the Arctic Ocean, pass the Senate? The roll was taken with the following result: 1999-05-18 Senate Journal Page 1645 HCR 5 CSHCR 5(TRA) Second Reading - Final Passage YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln, Torgerson and so, CS FOR HOUSE CONCURRENT RESOLUTION NO. 5(TRA) passed the Senate. Senator Pearce gave notice of reconsideration. Third Reading of Senate Resolutions SJR 18 CS FOR SENATE JOINT RESOLUTION NO. 18(RLS) Requesting Exxon Corporation to pay claimants for court-ordered damages resulting from the Exxon Valdez oil spill, was read the third time. Senator Mackie called the Senate. The call was satisfied. The question being: Shall CS FOR SENATE JOINT RESOLUTION NO. 18(RLS) Requesting Exxon Corporation to pay claimants for court-ordered damages resulting from the Exxon Valdez oil spill, pass the Senate? The roll was taken with the following result: CSSJR 18(RLS) Third Reading - Final Passage YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Hoffman, Kelly Pete, Leman, Lincoln, Mackie, Miller, Phillips, Taylor, Torgerson, Ward Nays: Green, Halford, Kelly Tim, Parnell, Pearce, Wilken 1999-05-18 Senate Journal Page 1646 SJR 18 and so, CS FOR SENATE JOINT RESOLUTION NO. 18(RLS) passed the Senate. Senator Green gave notice of reconsideration. Citations Honoring - Alaska State Trooper Mike Opalka Senator(s) Parnell, Ward, Donley, Ellis, Mackie, Leman, Pearce, Wilken, Green, Tim Kelly, Taylor, Adams, Pete Kelly, Elton, Lincoln Honoring - Ron Gleason, Juneau Douglas High School Principal Senator(s) Elton, Mackie, Leman, Pearce, Wilken, Green, Tim Kelly, Taylor, Adams, Pete Kelly, Lincoln Representative(s) Hudson, Kerttula Honoring - Harry Red Porter Senator(s) Wilken, Mackie, Leman, Pearce, Green, Tim Kelly, Taylor, Adams, Pete Kelly, Elton, Lincoln Honoring - West Valley High School, Academic Decathalon Senator(s) Wilken, Mackie, Leman, Pearce, Green, Tim Kelly, Taylor, Adams, Pete Kelly, Elton, Lincoln Honoring - John Waters Senator(s) Wilken, Mackie, Leman, Pearce, Green, Tim Kelly, Taylor, Adams, Pete Kelly, Elton, Lincoln Honoring - Jerry and Louise Hagel, Owners of the Stake Shop Representative(s) Berkowitz Senator(s) Leman, Ward, Donley, Ellis, Mackie, Pearce, Wilken, Green, Tim Kelly, Taylor, Adams, Pete Kelly, Elton, Lincoln, Phillips Honoring - Jim Balamaci Senator(s) Berkowitz Senator(s) Donley, Ellis, Mackie, Leman, Pearce, Wilken, Green, Tim Kelly, Taylor, Adams, Pete Kelly, Elton, Lincoln 1999-05-18 Senate Journal Page 1647 Senator Mackie moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Senator Mackie moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Legislative Lounge Staff, Patti A. Lewis, Thomas D. Peretti and Karen J. Raysin Senator(s) Phillips, Tim Kelly, Taylor, Green, Pearce, Mackie, Leman Senator Mackie moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Reconsideration of House Bills HB 161 Senator Mackie requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 161(FIN) be taken up. The bill was before the Senate on reconsideration. Senator Pearce called the Senate. The call was satisfied. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 161(FIN) An Act relating to reduction in payments to individuals under certain benefit programs pass the Senate? The roll was taken with the following result: 1999-05-18 Senate Journal Page 1648 HB 161 SCS CSHB 161(FIN) Third Reading - On Reconsideration YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Leman, Miller, Parnell, Pearce, Phillips, Torgerson, Wilken Nays: Adams, Ellis, Elton, Hoffman, Kelly Tim, Lincoln, Mackie, Taylor, Ward and so, SENATE CS FOR CS FOR HOUSE BILL NO. 161(FIN) passed the Senate on reconsideration, and was referred to the Secretary for engrossment. HB 135 Senator Mackie requested that the reconsideration on CS FOR HOUSE BILL NO. 135(JUD) am be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR HOUSE BILL NO. 135(JUD) am An Act relating to use of eavesdropping and recording devices by peace officers pass the Senate? The roll was taken with the following result: CSHB 135(JUD) am Third Reading - On Reconsideration 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. 135(JUD) am passed the Senate on reconsideration, was signed by the President and Secretary and returned to the House. 1999-05-18 Senate Journal Page 1649 Senator Mackie moved and asked unanimous consent that the Senate return to Messages from the House. Without objection, the Senate returned to: Messages from the House 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 7:50 p.m. After Recess The Senate reconvened at 8:05 p.m. Messages from the House Continued Messages dated May 18 were read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 199 CS FOR HOUSE BILL NO. 199(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to compensation for certain state employees; and providing for an effective date. was read the first time and referred to the Finance Committee. HB 226 CS FOR HOUSE BILL NO. 226(HES) BY THE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: 1999-05-18 Senate Journal Page 1650 HB 226 An Act relating to credited service under the teachers retirement system for education employees on leave without pay or receiving workers compensation benefits because of certain on-the-job injuries. was read the first time and referred to the Health, Education and Social Services Committee. Recess Senator Mackie moved and asked unanimous consent that the Senate stand in recess to 10:00 p.m. Without objection, the Senate recessed at 8:08 p.m. After Recess The Senate reconvened at 10:15 p.m. Standing Committee Reports HB 34 The Finance Committee considered CS FOR HOUSE BILL NO. 34(FIN) An Act relating to the crime of failure to report the commission or attempted commission of certain crimes against children. Signing do pass: Senator Torgerson, Cochair, Senators Phillips, Green, Leman, Wilken, Adams. Signing no recommendation: Senator Donley. Previous House indeterminate fiscal notes. The bill was referred to the Rules Committee. 1999-05-18 Senate Journal Page 1651 HB 199 The Finance Committee considered CS FOR HOUSE BILL NO. 199(FIN) An Act relating to compensation for certain state employees; and providing for an effective date. Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Phillips, Leman. Signing no recommendation: Senators Donley, Green, Adams, Wilken. Fiscal note published today from Alaska Court System. Previous House fiscal note. The bill was referred to the Rules Committee. HB 167 The Rules Committee considered CS FOR HOUSE BILL NO. 167(L&C) An Act repealing required registration for mobile home dealers; 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 first supplemental calendar. 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 10:17 p.m. After Recess The Senate reconvened at 12:06 a.m. 1999-05-18 Senate Journal Page 1652 Standing Committee Reports Continued HB 34 The Rules Committee considered CS FOR HOUSE BILL NO. 34(FIN) An Act relating to the crime of failure to report the commission or attempted commission of certain crimes against children. Signing to calendar: Senator Tim Kelly, Chair, Senators Leman, Pearce, Miller. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. Consideration of the Calendar Second Reading of House Bills HB 231 CS FOR HOUSE BILL NO. 231(FIN) am 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 second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1605. Senator Halford objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 231(FIN) was adopted and read the second time. The bill will be appear on the May 19 calendar. 1999-05-18 Senate Journal Page 1653 HB 34 CS FOR HOUSE BILL NO. 34(FIN) An Act relating to the crime of failure to report the commission or attempted commission of certain crimes against children was read the second time. 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. 34(FIN) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 34(FIN) An Act relating to the crime of failure to report the commission or attempted commission of certain crimes against children pass the Senate? The roll was taken with the following result: CSHB 34(FIN) 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. 34(FIN) passed the Senate, was signed by the President and Secretary and returned to the House. Senator Mackie moved and asked unanimous consent that President Pearce be shown as a cross sponsor on the bill. Without objection, it was so ordered. Senators Taylor, Wilken, Leman, Mackie, Tim Kelly, Pete Kelly moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Mackie moved and asked unanimous consent that the first supplemental calendar be adopted. Without objection, it was so ordered. 1999-05-18 Senate Journal Page 1654 Consideration of the First Supplemental Calendar Second Reading of House Bills HB 167 CS FOR HOUSE BILL NO. 167(L&C) An Act repealing required registration for mobile home dealers; and providing for an effective date was read the second time. 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. 167(L&C) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 167(L&C) An Act repealing required registration for mobile home dealers; and providing for an effective date pass the Senate? The roll was taken with the following result: CSHB 167(L&C) Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Halford, Kelly Pete, Leman, Lincoln, Mackie, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Green, Hoffman, Kelly Tim, Miller, Phillips and so, CS FOR HOUSE BILL NO. 167(L&C) passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. 1999-05-18 Senate Journal Page 1655 Unfinished Business HB 82 Senator Taylor moved that the Senate rescind its previous action in adopting Amendment No. 1 to SENATE CS FOR CS FOR HOUSE BILL NO. 82(JUD) 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. The question being: Shall the Senate rescind its previous action? The roll was taken with the following result: SCS CSHB 82(JUD) am S Rescind Previous Action YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Kelly Tim, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Leman, Lincoln, Mackie, Miller and so, the Senate rescinded its previous action. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: SCS CSHB 82(JUD) Amendment No. 1 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Hoffman, Leman, Lincoln, Mackie, Miller Nays: Donley, Green, Halford, Kelly Pete, Kelly Tim, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, Amendment No. 1 failed. 1999-05-18 Senate Journal Page 1656 HB 82 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. 82(JUD) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 82(JUD) 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 pass the Senate? The roll was taken with the following result: SCS CSHB 82(JUD) Third Reading - Final Passage Effective Date Court Rule YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Phillips and so, SENATE CS FOR CS FOR HOUSE BILL NO. 82(JUD) 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 Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule changes. Without objection, it was so ordered. Senator Phillips gave notice of reconsideration. 1999-05-18 Senate Journal Page 1657 Announcements Announcements are at the end of the journal. Engrossment HB 69 SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) 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 was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 161 SENATE CS FOR CS FOR HOUSE BILL NO. 161(FIN) An Act relating to reduction in payments to individuals under certain benefit programs was engrossed, signed by the President and Secretary and returned to the House for consideration. 1999-05-18 Senate Journal Page 1658 HB 225 SENATE CS FOR CS FOR HOUSE BILL NO. 225(JUD) am S An Act relating to election campaigns and legislative ethics; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. Enrollment SR 3 SENATE RESOLUTION NO. 3 Relating to the need for a final opinion in Bess v. Ulmer, 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 1:50 p.m., May18, 1999. SB 146 HOUSE CS FOR CS FOR SENATE BILL NO. 146(FIN) am H An Act relating to the amount and disposition of the commercial fishing license fee and to the fishermens fund; and providing for an effective date was 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 1:50 p.m., May 18, 1999. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., May 19, 1999. Without objection, the Senate adjourned at 12:35 a.m. Nancy Quinto Secretary of the Senate May 1999 1999-05-18 Senate Journal Page 1659 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 18 Tuesday 1:15 AM BILLS PREVIOUSLY HEARD/SCHEDULED May 18 Tuesday 2:00 PM + HB 199STATE EMPLOYEE COMPENSATION <PENDING REFERRAL> + HB 34REPORTING CRIMES AGAINST CHILDREN May 18 Tuesday 8:30 PM HB 199STATE EMPLOYEE COMPENSATION May 19 Wednesday 9:00 AM BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- LABOR & COMMERCE BELTZ 211 May 18 Tuesday 1:30 PM HB 167REPEAL MOBIL HOME DEALER REGISTRATION + CONFIRMATION OF APUC APPOINTEES ---------------------------------------- 1999-05-18 Senate Journal Page 1660 RULES FAHRENKAMP 203 May 18 Tuesday 1:00 AM = HB 40DEPT OF COMMERCE & RURAL DEVELOPMENT HB 69ALCOHOLIC BEVERAGE CONTROL BOARD HB 131ANCHORAGE COASTAL WILDLIFE REFUGE HB 84INTERNATIONAL AIRPORTS REVENUE BONDS HB 227HATCHER PASS PUBLIC USE AREA HB 87UNEMPLOYMENT TRUST FUND <PENDING REFERRAL> HB 231AK.INCOME ACCT/PERM FUND/FINANCE PLAN <PENDING REFERRAL> May 18 Tuesday 3:00 PM HB 34REPORTING CRIMES AGAINST CHILDREN = HB 87UNEMPLOYMENT TRUST FUND = HB 151REVOCATION OF MINOR DRIVER'S LICENSE HB 231AK.INCOME ACCT/PERM FUND/FINANCE PLAN HB 199STATE EMPLOYEE COMPENSATION RULES May 18 Tuesday 8:00 PM HB 167REPEAL MOBIL HOME DEALER REGISTRATION May 18 Tuesday 10:17 PM HB 34REPORTING CRIMES AGAINST CHILDREN HB 199STATE EMPLOYEE COMPENSATION JOINT COMMITTEES CONFERENCE COMMITTEE ON SB 101 BELTZ 211 May 18 Tuesday 12:30 PM = SB 101DEFINITION OF DISASTER ---------------------------------------- LEGISLATIVE BUDGET & AUDIT Jun 14 Monday ANCHORAGE AGENDA AND LOCATION TO BE ANNOUNCED ---------------------------------------- 1999-05-18 Senate Journal Page 1661 CONFERENCE COMMITTEE ON HB 50 & HB 51 SENATE FINANCE 532 May 18 Tuesday 9:00 AM ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH 205 May 18 Tuesday 12:30 PM OTHER MEETINGS MAJORITY CAUCUS BUTROVICH 205 May 18 Tuesday 10:25 PM ---------------------------------------- JOINT SESSION-GOVERNOR'S CONFIRMATIONS HOUSE CHAMBER May 19 Wednesday 11:15 AM