Legislature(1999 - 2000)
1999-05-19 Senate Journal
Full Journal pdf1999-05-19 Senate Journal Page 1663 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Twenty-first Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:14 a.m. The roll showed seventeen members present. Senators Green, Halford, Miller were absent. The prayer was offered by the Chaplain, Father Tom Moffatt of the St. Nicholas Orthodox Christian Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord, look down from Heaven on Your servants gathered here together. Remember the President of these United States, William, and the Governor of this State of Alaska, Tony. Remember all our armed forces everywhere, particularly those in harms way in the Balkans and in the Middle East. Lord, look down upon these Senators gathered here together. Give them today patience. Give them today some stamina, and most of all, Lord, at the end of their work give them a sense of having done their very best. May the blessing of God the Father, the Son, the Holy Spirit, rest upon all here present and those whom they love. Amen. Senator Torgerson led the Senate in the Pledge of Allegiance. 1663 1999-05-19 Senate Journal Page 1664 Certification Senator Mackie moved and asked unanimous consent that the journals for the one hundred nineteenth and one hundred twentieth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Miller was noted. Reconsideration of House Bills HB 40 Senator Mackie requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 40(FIN) am S be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 40(FIN) am S An Act merging certain departments in the executive branch of state government; changing the names of certain departments in the executive branch of state government; transferring duties among departments and offices in the executive branch of state government; providing that certain discretionary duties formerly performed by the Department of Community and Regional Affairs are mandatory in the department to which those duties are transferred; relating to the licensing of child care facilities; relating to the division of vocational rehabilitation; relating to the Alaska Human Resource Investment Council; adjusting the membership of certain multi-member bodies; providing that a certain commissioner may designate department employees to serve in the commissioners place on a board, council, or similar entity; providing for advice to be given by a department head to the governor and other commissioners on the delivery of government services to rural areas 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; 1999-05-19 Senate Journal Page 1665 HB 40 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 pass the Senate? The roll was taken with the following result: SCS CSHB 40(FIN) am S Third Reading - On Reconsideration Effective Dates YEAS: 13 NAYS: 5 EXCUSED: 0 ABSENT: 2 Yeas: Donley, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln Absent: Green, Halford and so, SENATE CS FOR CS FOR HOUSE BILL NO. 40(FIN) am S passed the Senate on reconsideration. Senator Mackie moved the effective date clauses. The question being: Shall the effective date clauses be adopted? The roll was taken with the following result: SCS CSHB 40(FIN) am S Effective Date Clauses YEAS: 17 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Ellis, Elton, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Hoffman Absent: Green, Halford and so, the effective date clauses were adopted and the bill was referred to the Secretary for engrossment. 1999-05-19 Senate Journal Page 1666 HB 82 Senator Taylor moved that the reconsideration on 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 be taken up. Senator Taylor moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. HB 131 Senator Mackie requested that the reconsideration on HOUSE BILL NO. 131 am S be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: 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 - On Reconsideration YEAS: 12 NAYS: 6 EXCUSED: 0 ABSENT: 2 Yeas: Donley, Hoffman, Kelly Pete, Leman, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Kelly Tim, Lincoln, Phillips Absent: Green, Halford and so, HOUSE BILL NO. 131 am S passed the Senate on reconsideration and the bill was referred to the Secretary for engrossment. HCR 5 Senator Mackie requested that the reconsideration on CS FOR HOUSE CONCURRENT RESOLUTION NO. 5(TRA) be taken up. The resolution was before the Senate on reconsideration. 1999-05-19 Senate Journal Page 1667 HCR 5 The question to be reconsidered: 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: CSHCR 5(TRA) Second Reading - On Reconsideration YEAS: 11 NAYS: 7 EXCUSED: 0 ABSENT: 2 Yeas: Donley, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Phillips, Taylor, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln, Pearce, Torgerson Absent: Green, Halford and so, HOUSE CONCURRENT RESOLUTION NO. 5(TRA) passed the Senate on reconsideration, was signed by the President and Secretary and returned to the House. Messages from the House SB 101 Message dated May 19 was read stating, the House has failed to adopt the report of the Conference Committee with limited powers of free conference considering HOUSE CS FOR CS FOR SENATE BILL NO. 101(FIN) and CS FOR SENATE BILL NO. 101(FIN) am, thus failing to adopt: CONFERENCE CS FOR SENATE BILL NO. 101 An Act relating to disasters and to the disaster relief fund. The Speaker has appointed the following members to a 2d Conference Committee to meet with a like committee from the Senate to consider the bills: 1999-05-19 Senate Journal Page 1668 SB 101 Representative Phillips Representative Barnes Representative Grussendorf The Speaker also granted limited powers of free conference to the House conferees on the following specific points: Page 1, line 13 and Subparagraph (B) of new section AS 26.23.020. President Pearce stated the message would be held on the Secretarys desk. SB 97 Message dated May 18 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 97(FIN) am An Act relating to mental health services and programs; relating to liability for payment for mental health evaluation and treatment services; and providing for an effective date. The bill was referred to the Secretary for enrollment. SB 155 Message dated May 18 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 155(FIN) An Act relating to methods of payment of and reports concerning certain state salaries and business expenses. The bill was referred to the Secretary for enrollment. 1999-05-19 Senate Journal Page 1669 SB 167 Message dated May 18 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 167(FIN) An Act relating to scholarships to attend the University of Alaska; and providing for an effective date. The bill was referred to the Secretary for enrollment. HB 156 Message dated May 18 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 156(FIN), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 156(FIN) An Act relating to investments by the Alaska Permanent Fund Corporation; and providing for an effective date. Message dated May 18 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 14 HOUSE CONCURRENT RESOLUTION NO. 14 BY THE HOUSE FINANCE COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 11, relating to good time credits for prisoners serving sentences of imprisonment for certain murders. was read the first time. 1999-05-19 Senate Journal Page 1670 HCR 14 President Pearce stated the resolution would be held on the Secretarys desk. SJR 25 Message dated May 18 was read, stating the House passed and returned for consideration SENATE JOINT RESOLUTION NO. 25 with the following amendment: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 25(JUD) Relating to voluntary school prayer. 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 SJR 25(JUD) Shall the Senate Concur in the House amendment to SJR 25? YEAS: 14 NAYS: 4 EXCUSED: 0 ABSENT: 2 Yeas: Donley, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Lincoln Absent: Green, Halford and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR SENATE JOINT RESOLUTION NO. 25(JUD) Relating to voluntary school prayer. The Secretary was requested to notify the House. The resolution was referred to the Secretary for enrollment. 1999-05-19 Senate Journal Page 1671 SB 10 Message dated May 18 was read, stating the House passed and returned for consideration CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10(FIN) with the following amendment: HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10(CRA) An Act requiring an electric or telephone utility that provides services in a municipality with a population of more than 200,000 to have an ongoing program of placing existing overhead utility distribution lines underground; and relating to rates for recovering the cost of placing existing overhead utility distribution lines underground. 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 10(CRA) Shall the Senate Concur in the House amendment to CS SSSB 10(FIN)? YEAS: 12 NAYS: 6 EXCUSED: 0 ABSENT: 2 Yeas: Donley, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln, Phillips Absent: Green, Halford and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10(CRA) An Act requiring an electric or telephone utility that provides services in a municipality with a population of more than 200,000 to have an ongoing program of placing existing overhead utility distribution lines underground; and relating to rates for recovering the cost of placing existing overhead utility distribution lines underground. 1999-05-19 Senate Journal Page 1672 SB 10 The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Second Reading of House Resolutions HCR 14 HOUSE CONCURRENT RESOLUTION NO. 14 was read the second time and was before the Senate on final passage. Senator Donley called the Senate. The call was satisfied. The question being: Shall HOUSE CONCURRENT RESOLUTION NO. 14 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 11, relating to good time credits for prisoners serving sentences of imprisonment for certain murders, pass the Senate? The roll was taken with the following result: HCR 14 Second Reading - Final Passage YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln and so, HOUSE CONCURRENT RESOLUTION NO. 14 passed the Senate, was signed by the President and Secretary and returned to the House. 1999-05-19 Senate Journal Page 1673 Messages from the House Continued SB 11 Message dated May 18 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 11(JUD) An Act relating to good time credits for prisoners serving sentences of imprisonment for certain murders with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 11(FIN) An Act relating to sentences for second degree murder. (Title Change Authorized by HCR 14) Senator Ward moved and asked unanimous consent that he be shown as a cosponsor on the bill. Without objection, it was so ordered. Senator Mackie moved 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 11(FIN) Shall the Senate Concur in the House amendment to CSSB 11(JUD)? 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. 11(FIN) An Act relating to sentences for second degree murder. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. 1999-05-19 Senate Journal Page 1674 SB 71 Message dated May 18 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 71(RLS) am with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 71(HES) am H An Act relating to licensure by the State Medical Board. 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: HCS CSSB 71(HES) am H Shall the Senate Concur in the House amendments to CSSB 71(RLS) am? YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Elton, Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Hoffman, Lincoln and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 71(HES) am H An Act relating to licensure by the State Medical Board. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 128 Message dated May 18 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 128(FIN) am with the following amendment: 1999-05-19 Senate Journal Page 1675 SB 128 HOUSE CS FOR CS FOR SENATE BILL NO. 128(FIN) An Act moving the termination date of the Board of Storage Tank Assistance to June 30, 1999; relating to the storage tank assistance fund, to financial assistance for owners and operators of underground petroleum storage tank systems, and to discharges from underground petroleum storage tank systems; and providing for an effective date. 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 128(FIN) Shall the Senate Concur in the House amendment to CSSB 128(FIN) 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. 128(FIN) An Act moving the termination date of the Board of Storage Tank Assistance to June 30, 1999; relating to the storage tank assistance fund, to financial assistance for owners and operators of underground petroleum storage tank systems, and to discharges from underground petroleum storage tank systems; and providing for an effective date. 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. 1999-05-19 Senate Journal Page 1676 SB 128 The bill was referred to the Secretary for enrollment. SB 101 The House message concerning CONFERENCE CS FOR SENATE BILL NO. 101 An Act relating to disasters and to the disaster relief fund (page 1667) was before the Senate. President Pearce appointed the following members to a 2d Conference Committee considering 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) to meet with the like committee from the House: Senator Miller, Chair Senator Torgerson Senator Adams The President also granted limited powers of free conference to the Senate conferees on the following specific points: Page 1, line 13 and Subparagraph (B) of new section AS 26.23.020 The Secretary was requested to notify the House. Standing Committee Reports HB 199 The Rules 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 to calendar: Senator Tim Kelly, Chair, Senators Pearce, Miller. Signing to calendar and do pass: Senator Leman. Signing do not pass: Senator Ellis. The bill is on todays calendar. 1999-05-19 Senate Journal Page 1677 HB 231 Correction to the Finance Committee Report (page 1605): 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 and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO.231(FIN) Introduction and Reference of Senate Resolutions SJR 28 SENATE JOINT RESOLUTION NO. 8 BY SENATORS DONLEY, Ward, Halford, Proposing an amendment to the Constitution of the State of Alaska relating to the appropriation limit. was read the first time and referred to the Judiciary and Finance Committees. Introduction and Reference of Senate Bills SB 180 SENATE BILL NO. 180 BY SENATOR TAYLOR, entitled: 1999-05-19 Senate Journal Page 1678 SB 180 An Act relating to the noncompetitive leasing of state land for oil and gas development. was read the first time and referred to the Resources and Finance Committees. SB 181 SENATE BILL NO. 181 BY SENATOR TAYLOR, entitled: An Act amending the authorized methods for competitive leasing of oil and gas leases on state land to eliminate the option of a cash bonus bid variable and to limit bids with a bid variable other than the cash bonus to require only the payment of a nominal fixed cash bonus. was read the first time and referred to the Resources and Finance Committees. SB 182 SENATE BILL NO. 182 BY SENATOR TAYLOR, entitled: An Act relating to determining the total acreage of oil and gas leases that may be taken or held by one person, and setting out procedures to be followed to reduce holdings when the total acreage of oil and gas leases taken or held by a person exceeds the amount that may, by law, be taken or held by one person; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. SB 183 SENATE BILL NO. 183 BY SENATOR PEARCE, entitled: 1999-05-19 Senate Journal Page 1679 SB 183 An Act creating the Fisheries Commission of Alaska; relating to the management of fisheries; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. Recess Senator Mackie moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 12:15 p.m. After Recess Joint Session in the House Speaker Porter called the House to order and in accordance with Uniform Rule 51 turned the gavel over to President Pearce, who called the Joint Session to order at 12:32 p.m. The purpose of the Joint Session was to consider the Governors appointments to the Regulatory Commission of Alaska. The roll of the House was taken and showed forty members present. The roll of the Senate was called and showed twenty members present. HCR 12 President Pearce and Speaker Porter appointed the following members pursuant to HOUSE CONCURRENT RESOLUTION NO.12 Relating to the states interest in oil and gas company mergers and establishing a Joint Special Committee on Mergers as a joint committee of the legislature: 1999-05-19 Senate Journal Page 1680 HCR 12 Joint Special Committee on Mergers Senator Halford, Chair Representative Green, Vice Chair Senator Pearce Representative Porter Senator Ellis Representative Kerttula Representative Whitaker, Alternate The Governors appointments are as follows: 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 Senator Mackie moved and asked unanimous consent that the appointees to the above commission be confirmed. Representative Kookesh objected, then withdrew his objection. Senator Ward objected. Representative Davies rose to a point of order. President Pearce ruled that the debate was not germane to the question. Senator Wilken moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Wilken was required to vote. Senator Mackie moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. Senator Mackie moved that James S. Strandberg be confirmed to the Regulatory Commission of Alaska. 1999-05-19 Senate Journal Page 1681 The question being: Shall James S. Strandberg be confirmed? The roll of the House was taken with the following result: Regulatory Commission of Alaska Confirm - Strandberg HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams The roll of the Senate was called with the following result: Regulatory Commission of Alaska Confirm - Strandberg SENATE YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Lincoln, Mackie, Miller, Parnell, Phillips, Torgerson, Wilken, Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Pearce Nays: Taylor, Ward TOTALS: YEAS: 58 NAYS: 2 and so, James S. Strandberg was confirmed. Senator Mackie moved that Wilfred K. Abbott be confirmed to the Regulatory Commission of Alaska. The question being: Shall Wilfred K. Abbott be confirmed? The roll of the Senate was called with the following result: 1999-05-19 Senate Journal Page 1682 Regulatory Commission of Alaska Confirm - Abbott SENATE YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Mackie, Miller, Parnell, Phillips, Torgerson, Wilken, Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Pearce Nays: Taylor, Ward The roll of the House was taken with the following result: Regulatory Commission of Alaska Confirm - Abbott HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams TOTALS: YEAS: 58 NAYS: 2 and so, Wilfred K. Abbot was confirmed. Senator Mackie moved that Patricia Maria DeMarco be confirmed to the Regulatory Commission of Alaska. The question being: Shall Patricia Maria DeMarco be confirmed? The roll of the House was taken with the following result: 1999-05-19 Senate Journal Page 1683 Regulatory Commission of Alaska Confirm - DeMarco HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams The roll of the Senate was called with the following result: Regulatory Commission of Alaska Confirm - DeMarco SENATE YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Miller, Parnell, Phillips, Torgerson, Wilken, Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Pearce Nays: Taylor, Ward TOTALS: YEAS: 58 NAYS: 2 and so, Patricia Maria DeMarco was confirmed. Senator Mackie moved that Burnell Smith be confirmed to the Regulatory Commission of Alaska. The question being: Shall Burnell Smith be confirmed? The roll of the Senate was called with the following result: 1999-05-19 Senate Journal Page 1684 Regulatory Commission of Alaska Confirm - Smith SENATE YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Parnell, Phillips, Torgerson, Wilken, Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Pearce Nays: Taylor, Ward The roll of the House was taken with the following result: Regulatory Commission of Alaska Confirm - Smith HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams TOTALS: YEAS: 58 NAYS: 2 and so, Burnell Smith was confirmed. Senator Mackie moved that G. Nanette Thompson be confirmed to the Regulatory Commission of Alaska. The question being: Shall G. Nanette Thompson be confirmed? The roll of the House was taken with the following result: 1999-05-19 Senate Journal Page 1685 Regulatory Commission of Alaska Confirm - Thompson HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams The roll of the Senate was called with the following result: Regulatory Commission of Alaska Confirm - Thompson SENATE YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Phillips, Torgerson, Wilken, Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce Nays: Taylor, Ward TOTALS: YEAS: 58 NAYS: 2 and so, G. Nanette Thompson was confirmed. Senator Mackie moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Pearce adjourned the Joint Session at 12:56 p.m. After Recess In the Senate The Senate reconvened at 6:51 p.m. 1999-05-19 Senate Journal Page 1686 Introduction and Reference of Senate Bills Continued SB 184 SENATE BILL NO. 184 BY SENATOR WILKEN, entitled: An Act applicable to the reduction of holdings when the total acreage of oil and gas leases taken or held by a person exceeds the amount that may, by law, be taken or held by one person, and authorizing the University of Alaska to select and manage that excess land; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. Reconsideration of House Bills HB 82 Senator Mackie requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 82(JUD) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: 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: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken 1999-05-19 Senate Journal Page 1687 HB 82 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 82(JUD) passed the Senate on reconsideration. 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 change. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 151 Senator Mackie requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 151(FIN) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: 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 - 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, SENATE CS FOR CS FOR HOUSE BILL NO. 151(FIN) passed the Senate on reconsideration and was referred to the Secretary for engrossment. Senator Mackie moved and asked unanimous consent that the Senate return to Messages from the House. Without objection, the Senate returned to: 1999-05-19 Senate Journal Page 1688 Messages from the House SB 130 Message dated May 19 was read, stating the House passed and returned for consideration SENATE BILL NO. 130 with the following amendment: HOUSE CS FOR SENATE BILL NO. 130(JUD) An Act relating to immunity for sale or transfer of a firearm; relating to administrative functions performed by and fees charged by the Department of Public Safety for transfer of a firearm. 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 SB 130(JUD) Shall the Senate Concur in the House amendment to SB 130? YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln Adams changed from "Yea" to "Nay". and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR SENATE BILL NO. 130(JUD) An Act relating to immunity for sale or transfer of a firearm; relating to administrative functions performed by and fees charged by the Department of Public Safety for transfer of a firearm. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. 1999-05-19 Senate Journal Page 1689 Reconsideration of Senate Resolutions SJR 18 Senator Mackie requested that the reconsideration on CS FOR SENATE JOINT RESOLUTION NO. 18(RLS) be taken up. The resolution was before the Senate on reconsideration. The question to be reconsidered: 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: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Green, Halford, Parnell, Pearce Kelly Tim changed from "Nay" to "Yea". and so, CS FOR SENATE JOINT RESOLUTION NO. 18(RLS) passed the Senate on reconsideration and was referred to the Secretary for engrossment. Messages from the House Continued SB 157 Message dated May 18 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 157(FIN) am with the following amendments: 1999-05-19 Senate Journal Page 1690 SB 157 HOUSE CS FOR CS FOR SENATE BILL NO. 157(FIN) am H An Act relating to power cost equalization; relating to appropriations from the National Petroleum Reserve - Alaska special revenue fund to the power cost equalization and rural electric capitalization fund; relating to the power cost equalization and rural electric capitalization fund and the four dam pool transfer fund; and providing for an effective date. Senator Mackie moved that the Senate concur in the House amendments. Senator Pearce called the Senate. The call was satisfied. The question being: Shall the Senate concur in the House amendments? The roll was taken with the following result: HCS CSSB 157(FIN) am H Shall the Senate Concur in the House amendments to CSSB 157(FIN) am? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Halford, Hoffman, Kelly Tim, Lincoln, Mackie, Miller, Parnell, Pearce, Torgerson, Wilken Nays: Donley, Green, Kelly Pete, Leman, Phillips, Taylor, Ward Pearce changed from "Nay" to "Yea". and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 157(FIN) am H An Act relating to power cost equalization; relating to appropriations from the National Petroleum Reserve - Alaska special revenue fund to the power cost equalization and rural electric capitalization fund; relating to the power cost equalization and rural electric capitalization fund and the four dam pool transfer fund; and providing for an effective date. 1999-05-19 Senate Journal Page 1691 SB 157 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: HCS CSSB 157(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. Special Committee Reports SB 101 The following report was received and distributed at 3:40 p.m., May 19, 1999. May 19, 1999 Madam President: Mr. Speaker: The 2d CONFERENCE COMMITTEE with limited powers of free conference considered: CS FOR SENATE BILL NO. 101(FIN) am and HOUSE CS FOR CS FOR SENATE BILL NO. 101(FIN) 1999-05-19 Senate Journal Page 1692 SB 101 and recommends that: CONFERENCE CS FOR SENATE BILL NO. 101(2d CC) An Act relating to disasters and to the disaster relief fund. be adopted. Signing the report: Senator Miller, Chair, Senators Torgerson, Adams; Representatives Phillips, Barnes, Grussendorf. Senator Mackie moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 101(2d CC). The question being: Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 101(2d CC) An Act relating to disasters and to the disaster relief fund? The roll was taken with the following result: CCS SB 101(2d CC) Adopt 2d Conference Committee report? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Wilken Nays: Donley, Green, Halford, Hoffman, Kelly Pete, Taylor, Ward Ward changed from "Yea" to "Nay". 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. 1999-05-19 Senate Journal Page 1693 HB 50 The Conference Committee report (page 1619) concerning CONFERENCE CS FOR HOUSE BILL NO. 50 was before the Senate. Senator Mackie moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO.50. The question being: Shall the Senate adopt the Conference Committee Report on 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? The roll was taken with the following result: CCS HB 50 Adopt Conference Committee report? Effective Dates Constitutional Budget Reserve Sections YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Green, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Wilken Nays: Adams, Donley, Ellis, Elton, Halford, Hoffman, Lincoln, Taylor, Ward and so, the report was adopted. Senator Mackie moved the effective date clauses. The question being: Shall the effective date clauses be adopted? The roll was taken with the following result: 1999-05-19 Senate Journal Page 1694 HB 50 CCS HB 50 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, the effective date clauses were adopted. Senator Mackie moved that the constitutional budget reserve fund section(s) be adopted. The question being: Shall the constitutional budget reserve fund section(s) (Article IX, Section 17(c), Constitution of the State of Alaska) be adopted? The roll was taken with the following result: CCS HB 50 Constitutional Budget Reserve Fund Section(s) 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 constitutional budget reserve fund section(s) were adopted. The Secretary was requested to notify the House. HB 51 The Conference Committee report (page 1620) concerning CONFERENCE CS FOR HOUSE BILL NO. 51 was before the Senate. 1999-05-19 Senate Journal Page 1695 HB 51 Senator Mackie moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO.51. The question being: Shall the Senate adopt the Conference Committee Report on 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? The roll was taken with the following result: CCS HB 51 Shall the Senate adopt the Conference Committee report? Effective Date 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, the report was adopted. 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. Introduction and Reference of Senate Bills SB 185 SENATE BILL NO. 185 BY THE SENATE JUDICIARY COMMITTEE BY REQUEST, entitled: 1999-05-19 Senate Journal Page 1696 SB 185 An Act authorizing certain opticians to modify a near addition power to an existing eyeglass prescription. was read the first time and referred to the Labor and Commerce and Judiciary Committees. Consideration of the Calendar Second Reading of House Bills HB 199 CS FOR HOUSE BILL NO. 199(FIN) An Act relating to compensation for certain state employees; and providing for an effective date was read the second time. Senator Ellis offered Amendment No. 1 : Page 3 delete lines 19-31 Page 4 delete lines 1-14 Senator Ellis 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: CSHB 199(FIN) Second Reading Amendment No. 1 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Hoffman, Lincoln, Wilken Nays: Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward and so, Amendment No. 1 failed. 1999-05-19 Senate Journal Page 1697 HB 199 Senator Donley offered Amendment No. 2 : Page 2, line 30: Delete -13 Insert -22.5 Senator Donley moved for the adoption of Amendment No. 2. Objections were heard. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 199(FIN) Second Reading Amendment No. 2 YEAS: 2 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Halford Nays: Adams, Ellis, Elton, Green, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, Amendment No. 2 failed. 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. 199(FIN) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 199(FIN) An Act relating to compensation for certain state employees; and providing for an effective date pass the Senate? The roll was taken with the following result: 1999-05-19 Senate Journal Page 1698 HB 199 CSHB 199(FIN) Third Reading - Final Passage Effective Date YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Green, Halford, Kelly Pete, Kelly Tim, Leman, Miller, Parnell, Pearce, Phillips, Torgerson, Ward Nays: Adams, Donley, Ellis, Elton, Hoffman, Lincoln, Mackie, Taylor, Wilken and so, CS FOR HOUSE BILL NO. 199(FIN) passed the Senate. Senator Mackie moved the vote on the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CSHB 199(FIN) Effective Date Clause YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln and so, the effective date clause was adopted and the bill was signed by the President and Secretary and returned to the House. Senator Mackie moved and asked unanimous consent that the Senate take up citations at this time. Without objection, it was so ordered. 1999-05-19 Senate Journal Page 1699 Citations Honoring - Ryan Tripp for Outstanding Achievements Senator(s) Pearce, Taylor, Adams, Tim Kelly, Green, Wilken, Mackie, Lincoln, Leman, Donley, Elton, Pete Kelly Honoring - Rear Admiral Terry M. Cross Senator(s) Pearce, Elton, Taylor, Adams, Tim Kelly, Green, Wilken, Mackie, Lincoln, Leman, Donley, Elton, Pete Kelly Honoring - Louise Largen Senator(s) Wilken, Pearce, Taylor, Adams, Tim Kelly, Green, Mackie, Lincoln, Elton. Pete Kelly In Commemoration of the 83rd Annual Convention of the Grand Igloo Pioneers of Alaska Representative(s) Foster, Phillips Senator(s) Adams, Pearce, Taylor, Tim Kelly, Green, Wilken, Mackie, Lincoln, Leman, Donley, Ellis, Elton, Pete Kelly Honoring - Levi Anarraaq Cleveland Representative(s) Joule Senator(s) Adams, Pearce, Taylor, Tim Kelly, Green, Wilken, Mackie, Lincoln, Leman, Elton Honoring - Kodiak Alaskas Special Olympics 1999 Winter Games Athletes Representative(s) Austerman Senator(s) Mackie, Pearce, Taylor, Adams, Tim Kelly, Green, Wilken, Lincoln, Leman, Elton Commemorating - The Foster Grandparent Program of Alaska, 25th Anniversary Senator(s) Ellis, Pearce, Taylor, Adams, Tim Kelly, Green, Wilken, Mackie, Lincoln, Leman, Donley, Elton Honoring - Dick and Hoa Brickley Representative(s) Whitaker Senator(s) Leman, Adams, Mackie, Lincoln, Taylor, Pearce, Tim Kelly, Green, Elton, Wilken 1999-05-19 Senate Journal Page 1700 Honoring - Shari Daugherty, Recepient-First Ladys Volunteer Award Representative(s) Phillips Senator(s) Leman, Adams, Mackie, Lincoln, Taylor, Donley, Pearce, Tim Kelly, Green, Elton, Wilken Honoring - DeJohn Cromer Representative(s) James Senator(s) Miller, Leman, Adams, Mackie, Lincoln, Taylor, Pearce, Tim Kelly, Green, Elton, Wilken Honoring - Francesca Sutton and the Togiak Native Youth Organization Representative(s) Kapsner Senator(s) Hoffman, Leman, Adams, Mackie, Lincoln, Taylor, Pearce, Tim Kelly, Green, Elton, Wilken Honoring - Ron Hitchcock Representative(s) Green Senator(s) Leman, Adams, Mackie, Lincoln, Taylor, Pearce, Tim Kelly, Green, Halford, Elton, Wilken Honoring - House Sergeant-at-Arms, Assistant Sergeant-at-Arms and Pages Representative(s) Cowdery Senator(s) Tim Kelly, Leman, Adams, Mackie, Lincoln, Taylor, Pearce, Green, Elton, Wilken Honoring - Reverend and Mrs. Edgar McElhannon Senator(s) Green, Halford, Leman, Adams, Mackie, Lincoln, Taylor, Pearce, Tim Kelly, Elton, Wilken Honoring - The 3rd Wing Elmendorf Air Force Base on its 80th Anniversary Senator(s) Leman, Halford, Adams, Mackie, Lincoln, Taylor, Donley, Pearce, Tim Kelly, Green, Ellis, Elton, Wilken Representative(s) Murkowski In Memoriam - James Rowland Senator(s) Green, Leman, Adams, Mackie, Lincoln, Taylor, Pearce, Tim Kelly, Ward, Elton, Halford, Wilken 1999-05-19 Senate Journal Page 1701 In Memoriam - Kyle Prescott Angerman Senator(s) Taylor, Leman, Adams, Mackie, Lincoln, Pearce, Tim Kelly, Green, Elton, Wilken In Memoriam - Amos Samuel Greene Representative(s) Joule Senator(s) Adams, Leman, Mackie, Lincoln, Taylor, Pearce, Tim Kelly, Green, Elton, 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. 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 - Jill Bryson on her Retirement Senator(s) Tim Kelly, Pearce, Leman, Wilken, Taylor, Mackie, Green 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. 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 8:10 p.m. After Recess The Senate reconvened at 9:55 p.m. Third Reading of House Bills President Pearce requested, under Section 358 of Masons Manual, that members limit their debate. 1999-05-19 Senate Journal Page 1702 HB 231 SENATE CS FOR CS FOR HOUSE BILL NO. 231(FIN) 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 third time. Senator Taylor moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Taylor offered Amendment No. 1 : Page 9, following line 1: Insert : Plan C Description Summary of Plan: Plan C is a diversified plan. It is based on reducing government to a level commensurate with our population. The Constitutional Budget Reserve Fund is used to balance the budget for the first four years during which time a comprehensive revenue enhancement program is developed. The revenue enhancement program will include a diversified approach including the following: 1) multi-use land sales program to generate a long term enhanced revenue stream; 2) aggressive timber sales program utilizing innovative marketing strategies with emphasis on value added products; 3) encouragement of new oil exploration by independent companies by removing present barriers; 4) establishment of a state lottery; 5) utilization of video machines for charitable gaming. 1999-05-19 Senate Journal Page 1703 HB 231 (1)Land Sales - Beginning year 2000, market 250,000 acres of land and each year thereafter. Year 2001 down payments and prior years annual payments will generate over $231,201,100; year 2002 revenues of 325,725,200; and increases each year thereafter approximately $75,000,000 per year. (2)New oil revenues: FY2002 projected at $5,700,000; FY2003 projected at $14,200,000; FY2004 projected at $18,600,000; FY2005 projected at $22,900,000; FY2006 projected at $29,700,000; FY2007 projected at $33,200,000; FY2008 projected at $78,700,000; FY2009 projected at $127,900,000; FY2010 projected at $147,300,000. These revenues are anticipated to continue increasing through the year 2019. (3)New Oil revenues from independents: FY2002 projected at $222,390,000; FY2003 projected at $226,830,000; FY2004 projected at $211,770,000; FY2005 projected at $223,230,000; FY2006 projected at 215,190,000; FY2007 projected at $209,460,000; FY2008 projected at $216,750,000; FY2009 projected at $215,520,000; and FY2010 projected at $221,340,000. These revenues are expected to continue on the incline through the year 2020 and beyond. (4)State Corporations: $100,000,000 dividend each year. (5)State Lottery: Generate approximately $50,000,000 in state revenues annually for education. This revenue is anticipated to climb as tourism continues to grow. (6)Video Lottery: More accountable than pull tabs and estimated to generate more money for charities and minimum of $20,000,000 per year for the state. This revenue is anticipated to climb as tourism continues to grow. (7)Reduce Spending by $50,000,000 per year for 5 years. 1999-05-19 Senate Journal Page 1704 HB 231 (8)Other New Revenue from new business and other resource development $35,000,000 beginning year 2000. FY2001 projected at $100,000,000; FY2002 projected to be $103,000,000 and FY2003 projected at $106,100,000. This growth is projected to continue upward at a rate of approximately $3,000,000 per year. Plan C Yes ¦ á Plan C No ¦ á Senator Taylor moved for the adoption of Amendment No. 1. Senator Mackie objected. Senator Tim Kelly rose to a Point of Order. President Pearce stated the debate was germane. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: SCS CSHB 231(FIN) Second Reading Amendment No. 1 YEAS: 3 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Green, Halford, Taylor Nays: Adams, Donley, Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken and so, Amendment No. 1 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 231(FIN) was automatically in third reading. Senator Torgerson moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. 1999-05-19 Senate Journal Page 1705 HB 231 Senator Torgerson offered Amendment No. 2 : Page 9, following line 1: Insert a new bill section to read: "* Sec. 12. Sections 5, 6, 7, 8, 9, and 10 of this Act are repealed March 1, 2000." Renumber the following bill sections accordingly. Page 9, line 3: Delete "Section 11 of this Act takes" Insert "Sections 11 and 12 of this Act take" Senator Torgerson moved for the adoption of Amendment No. 2. Objections were heard. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: SCS CSHB 231(FIN) Second Reading Amendment No. 2 YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Phillips, Torgerson, Wilken Nays: Elton, Green, Halford, Lincoln, Pearce, Taylor, Ward and so, Amendment No. 2 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 231(FIN) am S was automatically in third reading. Senator Tim Kelly moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Without objection, the bill was returned to second reading. 1999-05-19 Senate Journal Page 1706 HB 231 Senator Tim Kelly offered Amendment No. 3 : Page 7, line 15, through page 9, line 1: Delete all material. Insert "ADVISORY BALLOT QUESTION Balanced Budget Plan: This will preserve the permanent fund dividend, inflation-proof the permanent fund, support public services, and establish a citizen Revenue Task Force. The plan will (1)Protect the Permanent Fund: The principal of the Alaska permanent fund will remain untouched and inflation-proofed to protect the value of the fund for current and future generations. (2)Preserve the Dividend: Dividend payments to qualified Alaskans are continued, and the dividend will grow over time. Dividends will be paid based on the market value of the Alaska permanent fund. (3) Reduce Spending: Reduce state general fund spending for fiscal years 2000 and 2001. (4)Public Accountability: All permanent fund expenditures will be disclosed to each Alaskan who receives a permanent fund dividend check. (5)Explore Revenue Options: Establish a citizens Revenue Task Force to present options to identify revenue sources. (6)No Income Tax: No personal income tax will be enacted as part of this plan. Question: Should a portion of permanent fund earnings be used to help balance the state budget after first paying annual dividends to residents and inflation-proofing the permanent fund? Yes ¦ á No ¦ á" Senator Tim Kelly moved for the adoption of Amendment No. 3. Senator Halford objected. 1999-05-19 Senate Journal Page 1707 HB 231 Senator Halford moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 3: Page 1, after line 4: Delete all language through line 22 Delete line 25 Page 2, line 1, delete So the question reads: Should a portion of the Permanent Fund earnings be used to help balance the state budget? Objections were heard. The question being: Shall the amendment to Amendment No. 3 be adopted? The roll was taken with the following result: SCS CSHB 231(FIN) am S Second Reading Amendment to Amendment No. 3 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Elton, Green, Halford, Pearce, Taylor, Ward Nays: Adams, Ellis, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Phillips, Torgerson, Wilken and so, the amendment to Amendment No. 3 was not adopted. Senator Pete Kelly rose to a point of order regarding impugning. President Pearce stated the point was well taken. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: 1999-05-19 Senate Journal Page 1708 HB 231 SCS CSHB 231(FIN) am S Second Reading Amendment No. 3 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Hoffman, Kelly Pete, Kelly Tim, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Wilken Nays: Donley, Ellis, Elton, Green, Halford, Leman, Lincoln, Taylor, Ward and so, Amendment No. 3 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 231(FIN) am S was automatically in third reading. Senator Ward moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Without objection, the bill was returned to second reading. Senator Ward offered Amendment No. 4 : Page 9, following line 3, insert: Plan C Description Summary of the Plan: Plan C requires using the Constitutional Budget Reserve and a portion of 90,000,000 acres of state land to generate new revenues. Plan C Yes ¦ á Plan C No ¦ á Senator Ward moved for the adoption of Amendment No. 4. Senator Mackie objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: 1999-05-19 Senate Journal Page 1709 HB 231 SCS CSHB 231(FIN) am S Second Reading Amendment No. 4 YEAS: 3 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Halford, Taylor, Ward Nays: Adams, Donley, Ellis, Elton, Green, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Wilken and so, Amendment No. 4 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 231(FIN) am S was automatically in third reading. Senator Ward moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 5. Without objection, the bill was returned to second reading. Senator Ward offered Amendment No. 5 : Page 9, following line 1: Insert calling for an advisory vote to be held in the next General Election on November 7, 2000 Senator Ward moved and asked unanimous consent for the adoption of Amendment No. 5. Senators Torgerson, Green objected. Senator Mackie moved and asked unanimous consent for the adoption of the following technical amendment to Amendment No. 5: Change Amendment No. 5 to read: Page 7, line 10, on the bill: Delete a special Insert the 1999-05-19 Senate Journal Page 1710 HB 231 Delete September 14, 1999 Insert November 7, 2000 Without objection, Amendment No. 5 was amended. The question being: Shall Amendment No. 5 as amended be adopted? SCS CSHB 231(FIN) am S Second Reading Amendment No. 5 am YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Green, Halford, Taylor, Ward Nays: Adams, Donley, Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Wilken and so, Amendment No. 5 as amended failed. SENATE CS FOR CS FOR HOUSE BILL NO. 231(FIN) am S was automatically in third reading. Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 6. Without objection, the bill was returned to second reading. Senator Ellis offered Amendment No. 6 : Page 7, line 11 Delete including absentee voting Insert but with voting by mail only Renumber following sections accordingly. Senator Ellis moved for the adoption of Amendment No. 6. Objections were heard. 1999-05-19 Senate Journal Page 1711 HB 231 The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: SCS CSHB 231(FIN) am S Second Reading Amendment No. 6 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Lincoln, Taylor Nays: Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken and so, Amendment No. 6 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 231(FIN) am S was automatically in third reading. Senator Parnell moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 7. Without objection, the bill was returned to second reading. Senator Parnell offered Amendment No. 7 : Delete Sections 1, 2, 3, 4, 5, 6, 8, 9, 10, 12 Conform title accordingly. Senator Parnell moved for the adoption of Amendment No. 7. Objections were heard. Senator Parnell called the Senate. The call was satisfied. The question being: Shall Amendment No. 7 be adopted? The roll was taken with the following result: 1999-05-19 Senate Journal Page 1712 HB 231 SCS CSHB 231(FIN) am S Second Reading Amendment No. 7 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Leman, Miller, Parnell, Pearce, Phillips, Taylor, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Kelly Tim, Lincoln, Mackie, Torgerson and so, Amendment No. 7 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 231(FIN) am S was automatically in third reading. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 231(FIN) am S An Act authorizing an advisory vote on a long term financial plan for the state; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 231(FIN) am S Third Reading - Final Passage Effective Dates YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Kelly Pete, Leman, Miller, Parnell, Pearce, Phillips, Wilken Nays: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Tim, Lincoln, Mackie, Taylor, Torgerson, Ward Green changed from "Yea" to "Nay". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 231(FIN) am S failed. 1999-05-19 Senate Journal Page 1713 The Secretary read the following: Proclamation Under the authority of art. II, sec. 9, and art. III, sec. 17, of the Alaska Constitution, and in the public interest, I call the Twenty First Legislature of the State of Alaska into its first special session at Juneau, Alaska, in the legislative chambers on May 20, 1999, at 1:00 p.m., to consider: (1)HCS CSSB 32(FIN) which proposes the enactment of laws making and amending appropriations and reappropriations; making and amending appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund and (2)SCS CSHB 231(FIN) which proposes the enactment of laws 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; (3)CSHB 232(FIN) which proposes the enactment of laws making a special appropriation from the budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska, to the Alaska Income Account; (4)The adoption of a resolution creating a task force to analyze additional revenue sources available to implement a long term financial plan for the state. 1999-05-19 Senate Journal Page 1714 Dated at Juneau, Alaska this 19th day of May 1999. /s/ Tony Knowles Governor Unfinished Business HJR 27 The reconsideration on CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) Relating to the maritime boundary between Alaska and the former Union of Soviet Socialist Republics, was not taken up this legislative day and the resolution was signed by the President and Secretary and returned to the House. HB 84 The reconsideration on HOUSE BILL NO. 84 An Act relating to international airports revenue bonds; and providing for an effective date was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 87 The reconsideration on HOUSE BILL NO. 87 An Act relating to money credited to the account of the state in the unemployment trust fund by the Secretary of the Treasury of the United States; and providing for an effective date was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 157 The reconsideration on 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 not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. 1999-05-19 Senate Journal Page 1715 HB 167 The reconsideration on CS FOR HOUSE BILL NO. 167(L&C) An Act repealing required registration for mobile home dealers; and providing for an effective date was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 227 The reconsideration on 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 not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. Engrossment 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 engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 40 SENATE CS FOR CS FOR HOUSE BILL NO. 40(FIN) am S An Act merging certain departments in the executive branch of state government; changing the names of certain departments in the executive branch of state government; transferring duties among departments and offices in the executive branch of state government; providing that certain discretionary duties formerly performed by the Department of Community and Regional Affairs are mandatory in the department to which those duties are transferred; relating to the licensing of child care facilities; relating to the division of vocational rehabilitation; relating to the Alaska Human Resource Investment Council; adjusting the membership of certain multi-member bodies; providing that a certain commissioner may designate department employees to serve in the commissioners place on a board, council, or similar entity; providing for advice to be given by a department 1999-05-19 Senate Journal Page 1716 HB 40 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 engrossed, signed by the President and Secretary and returned to the House for consideration. HB 82 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 was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 131 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 was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 151 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 was engrossed, signed by the President and Secretary and returned to the House for consideration. 1999-05-19 Senate Journal Page 1717 Adjournment Senator Mackie moved and asked unanimous consent that the First Session of the Twenty-First Alaska Senate stand in adjournment until 1:00 p.m., May 20, 1999, pursuant to the Governors Proclamation for a First Special Session. Without objection, the Senate adjourned at 11:56 p.m. Nancy Quinto Secretary of the Senate May 1999