Legislature(1999 - 2000)

1999-05-23 Senate Journal

Full Journal pdf

1999-05-23                     Senate Journal                      Page 1733
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                            TWENTY-FIRST LEGISLATURE                           
                                                                               
                             FIRST SPECIAL SESSION                             
                                                                               
Juneau, Alaska                                                                 
                                                                               
                                   Fourth Day                                  
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 4:37 p.m.                                                            
                                                                               
The roll showed eighteen members present. Senators Adams, Lincoln              
were absent.                                                                   
                                                                               
The prayer was offered by the Chaplain, Father Tom Moffatt of the              
St. Nicholas Orthodox Christian Church of Juneau. Senator Hoffman              
moved and asked unanimous consent that the prayer be spread.                   
Without objection, it was so ordered.                                          
                                                                               
Oh God of our salvation, do You teach us to thank                             
You worthily for the benefits which You have                                   
performed for us and still perform with us? Do You                             
purify us from every defilement of flesh and spirit                            
and teach us how to perfect our sanctification in the                          
awe of You that we may have Christ dwelling in                                 
our hearts and that we may become the temple of                                
Your Holy Spirit, that we together with all the                                
Saints who through the ages have been well                                     
pleasing to You may become partakers of Your                                   
eternal good things which You have prepared for us                             
who love You, Oh Lord,                      Amen.                              
                                                                               
Senator Taylor led the Senate in the Pledge of Allegiance.                     
                                                                               
                                                                               
                                      1733                                     

1999-05-23                     Senate Journal                      Page 1734
                                Certification                                
                                                                               
Senator Mackie moved and asked unanimous consent that the journal              
for the third legislative day of the First Special Session be approved         
as certified by the Secretary. Without objection, it was so ordered.           
                                                                               
                                                                               
                         Introduction and Reference of                        
                              Senate Resolutions                              
                                                                               
SCR 101                                                                      
SENATE CONCURRENT RESOLUTION NO. 101 BY SENATOR                                
PARNELL,                                                                       
                                                                               
Relating to a state fiscal plan.                                              
                                                                               
was read the first time.                                                       
                                                                               
President Pearce stated the resolution would be held on the                    
Secretarys desk.                                                               
                                                                               
                        Consideration of the Calendar                        
                                                                               
                        Third Reading of Senate Bills                        
                                                                               
SB 1001                                                                      
CS FOR SENATE BILL NO. 1001(FIN) An Act 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 Phillips moved 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 Phillips offered Amendment No. 1 :                                      
                                                                               
Page 1, line 9 through page 3, line 19:                                        
	Delete all material.                                                          
	Insert:                                                                       
                                                                               

1999-05-23                     Senate Journal                      Page 1735
SB 1001                                                                      
			Question                                                                    
                                                                               
Preamble: The people of Alaska created the Alaska permanent fund               
to save a portion of Alaskas petroleum revenue for the future. After           
investing those savings, the original intent and purpose was to then           
use the earnings from those investments when Alaskas petroleum                 
revenues declined. Petroleum revenues have now declined                        
substantially and are forecast to continue to decline. Our reliance            
upon declining oil production and volatile oil prices constitutes an           
unsustainable state budget system. The governor and state legislature          
seek the publics judgment in adopting a stable and sustainable long-           
term balanced budget plan.                                                     
                                                                               
Balanced Budget Plan: This will preserve the permanent fund                    
dividend, inflation-proof the permanent fund, support public services,         
and establish a Citizens Balanced Budget Task Force. Please mark               
yes or no on this plan.                                                        
                                                                               
The balanced budget plan will:                                                 
                                                                               
(1)Spending Reductions: Continue state general fund budget                    
reductions to a combined total of at least $60,000,000 for                     
fiscal years 2000 and 2001. Submit a proposed constitutional                   
amendment to the voters that would reduce the base amount                      
of annual appropriations in art. IX, sec. 16, Constitution of                  
the State of Alaska, and make other changes to establish a                     
meaningful appropriation limit.                                                
                                                                               
(2)Permanent Fund Protection: Guarantee the Alaska permanent                  
fund principal is untouched. The principal of the fund is                      
inflation proofed to protect its value for all Alaskans,                       
including future generations.                                                  
                                                                               
                                                                               

1999-05-23                     Senate Journal                      Page 1736
SB 1001                                                                      
(3)Permanent Fund Dividends: Guarantee a dividend is paid to                  
qualified Alaska residents at a minimum of $1,700 in 1999                      
and $1,700 in 2000 and thereafter, approximately $1,348 and                    
higher. Beginning in 2001, the Constitutional Budget Reserve                   
and the Permanent Fund Earnings Reserve will be combined.                      
In determining the market value for the calculation of the                     
dividend, this new account will be joined with the principal                   
of the permanent fund. After accounting for inflation-                         
proofing, the dividend will be based on 50 percent of the                      
annual earnings payment of these combined accounts.                            
                                                                               
(4)Earnings Reserve Usage for Public Purposes: After payment                  
of permanent fund dividends and inflation-proofing the fund,                   
the remaining annual earnings payment will be prioritized for                  
usage for education, public safety, and transportation.                        
                                                                               
(5)Accountability: Expenditures from the combined account will                
be fully disclosed on each annual permanent fund dividend                      
check.                                                                         
                                                                               
(6)Balanced Budget Task Force: Establish a Citizens Balanced                  
Budget Task Force to present options to further reduce state                   
spending and identify appropriate future revenue sources.                      
                                                                               
(7)Income Tax: No personal income tax will be required as                     
part of this plan.                                                             
                                                                               
Question: After paying annual dividends to residents and inflation-            
proofing the permanent fund, should a portion of Permanent Fund                
Investment Earnings be used to help balance the state budget?                  
                                                                               
		Yes ¦ á		No ¦ á                                                              
                                                                               
Senator Phillips moved for the adoption of Amendment No. 1.                    
Senator Halford objected.                                                      
                                                                               
                                                                               

1999-05-23                     Senate Journal                      Page 1737
SB 1001                                                                      
Senator Halford offered Amendment to Amendment No. 1:                          
                                                                               
In Question, on the first line after the word Fund:                            
	Insert at reduced rates,                                                      
                                                                               
Senator Halford moved for the adoption of Amendment to                         
Amendment No. 1. Objections were heard.                                        
                                                                               
The question being: Shall Amendment to Amendment No. 1 be                      
adopted? The roll was taken with the following result:                         
                                                                               
CSSB 1001(FIN)                                                                 
Second Reading                                                                 
Amendment to Amendment No. 1                                                   
                                                                               
YEAS:  5   NAYS:  13   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Donley, Green, Halford, Taylor, Ward                                    
                                                                               
Nays:  Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie,            
Miller, Parnell, Pearce, Phillips, Torgerson, Wilken                           
                                                                               
Absent:  Adams, Lincoln                                                        
                                                                               
and so, Amendment to Amendment No. 1 failed.                                   
                                                                               
The question being: Shall Amendment No. 1 be adopted? The roll                 
was taken with the following result:                                           
                                                                               
CSSB 1001(FIN)                                                                 
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  12   NAYS:  6   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Ellis, Elton, Green, Kelly Pete, Kelly Tim, Mackie, Miller,             
Parnell, Pearce, Phillips, Torgerson, Wilken                                   
                                                                               
Nays:  Donley, Halford, Hoffman, Leman, Taylor, Ward                           
                                                                               
Absent:  Adams, Lincoln                                                        
                                                                               
and so, Amendment No. 1 was adopted.                                           

1999-05-23                     Senate Journal                      Page 1738
SB 1001                                                                      
The bill 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. 2.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Parnell offered Amendment No. 2 :                                       
                                                                               
Page 1, line 7,                                                                
	Delete: the legislature and the governor. The question shall                  
appear on the ballot in the following                                          
	Insert: the legislature and the governor. Notwithstanding AS                  
15.60.005 and other laws relating to preparation of the ballot                 
proposition, the question shall appear on the ballot in the following          
                                                                               
Senator Parnell moved for the adoption of Amendment No. 2.                     
Senator Halford objected.                                                      
                                                                               
The question being: Shall Amendment No. 2 be adopted? The roll                 
was taken with the following result:                                           
                                                                               
CSSB 1001(FIN) am                                                              
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  10   NAYS:  8   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Donley, Kelly Pete, Kelly Tim, Leman, Mackie, Miller,                   
Parnell, Pearce, Torgerson, Wilken                                             
                                                                               
Nays:  Ellis, Elton, Green, Halford, Hoffman, Phillips, Taylor, Ward           
                                                                               
Absent:  Adams, Lincoln                                                        
                                                                               
and so, Amendment No. 2 was adopted.                                           
                                                                               
The bill was automatically in third reading.                                   
                                                                               
                                                                               

1999-05-23                     Senate Journal                      Page 1739
SB 1001                                                                      
Senator Taylor 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.                    
                                                                               
Senator Taylor offered Amendment No. 3 :                                        
                                                                               
Page 3, between lines 19 and 20, insert:                                       
                                                                               
Plan C Description                                                             
                                                                               
Summary of Plan: Plan C is based on restructuring government to                
eliminate waste and provide essential services. Plan C uses the                
Constitutional Budget Reserve Fund to balance the budget for FY99,             
FY00, FY01, and FY02 and at the same time embark on a                          
comprehensive revenue enhancement program. Begin an aggressive                 
multi-use land sales program to generate a long term enhanced                  
revenue stream. Embark on an aggressive timber sales program                   
utilizing innovative marketing strategies with emphasis on value               
added product. Remove present statutory barriers to encourage new              
oil exploration by independent companies.                                      
                                                                               
Plan C does not touch the permanent fund dividend nor the                      
permanent fund earnings. Plan C does not impose an income tax nor              
an increased gasoline tax.                                                     
                                                                               
(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.                      

1999-05-23                     Senate Journal                      Page 1740
SB 1001                                                                      
(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)Reduce Spending by $50,000,000 per year for 5 years.                       
                                                                               
(6)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                                         
                                                                               
Renumber following sections accordingly.                                       
                                                                               
Senator Taylor moved for the adoption of Amendment No. 3.                      
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 3 be adopted? The roll                 
was taken with the following result:                                           
                                                                               
                                                                               

1999-05-23                     Senate Journal                      Page 1741
SB 1001                                                                      
                                                                               
CSSB 1001(FIN) am                                                              
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  6   NAYS:  12   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Donley, Green, Halford, Leman, Taylor, Ward                             
                                                                               
Nays:  Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Mackie, Miller,           
Parnell, Pearce, Phillips, Torgerson, Wilken                                   
                                                                               
Absent:  Adams, Lincoln                                                        
                                                                               
and so, Amendment No. 3 failed.                                                
                                                                               
The bill was automatically in third reading.                                   
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 1001(FIN)                     
am 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:                          
                                                                               
CSSB 1001(FIN) am                                                              
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  10   NAYS:  8   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell,                  
Pearce, Phillips, Torgerson, Wilken                                            
                                                                               
Nays:  Donley, Ellis, Elton, Green, Halford, Hoffman, Taylor, Ward             
                                                                               
Absent:  Adams, Lincoln                                                        
                                                                               
and so, CS FOR SENATE BILL NO. 1001(FIN) am failed.                            
                                                                               
Senator Mackie gave notice of reconsideration.                                 
                                                                               
                                                                               

1999-05-23                     Senate Journal                      Page 1742
                                  Citations                                  
                                                                               
Honoring - Father Thomas Neal Gallagher                                        
Representative(s) Joule                                                        
Senator(s) Adams, Wilken, Pearce, Hoffman, Elton, Pete Kelly,                  
Green, Leman, Tim Kelly, Taylor, Mackie                                        
                                                                               
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 6:00 p.m.                                                          
                                                                               
                                After Recess                                 
                                                                               
The Senate reconvened at 11:37 p.m.                                            
                                                                               
                                                                               
                                Announcements                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                  Enrollment                                 
                                                                               
SB 29                                                                        
CS FOR SENATE BILL NO. 29(RLS) An Act relating to licensure                    
of physicians; 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 1:25 p.m., May 23, 1999.                                           
                                                                               
                                                                               

1999-05-23                     Senate Journal                      Page 1743
SB 33                                                                        
CONFERENCE CS FOR SENATE BILL NO. 33 An Act relating                           
to contracts for the performance of certain state functions previously         
performed by state employees and to the Commission on                          
Privatization and Delivery of Government Services; and providing for           
an effective date 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 1:25p.m., May              
23, 1999.                                                                      
                                                                               
SB 42                                                                        
CS FOR SENATE BILL NO. 42(JUD) An Act making corrective                        
amendments to the Alaska Statutes as recommended by the revisor                
of statutes; 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 1:25p.m., May 23, 1999.                                            
                                                                               
SB 51                                                                        
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 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 1:25p.m., May 23, 1999.                                     
                                                                               
SB 93                                                                        
CS FOR SENATE BILL NO. 93(FIN) An Act relating to the                          
purposes of certain businesses and corporations; relating to the names         
of businesses and organizations; relating to the registration under the        
Alaska Trademark Act of marks that resemble the name of another                
business or organization; 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 1:25p.m., May 23, 1999.                                     
                                                                               

1999-05-23                     Senate Journal                      Page 1744
                                 Adjournment                                 
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., May 24, 1999. Without                   
objection, the Senate adjourned at 11:39 p.m.                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                              May 1999         

1999-05-23                     Senate Journal                      Page 1745
                                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 23                           Sunday 1:00 PM                                
=	SB  76PERMANENT FUND INCOME ADVISORY VOTE                                   
                                                                               
May 24                          Monday 11:30 AM                                
	HB 1001ADVISORY VOTE LONG-TERM FINANCIAL PLAN                                 
	<PENDING REFERRAL>                                                           
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                   BELTZ 211                                   
May 23                           Sunday 1:00 PM                                
	-- TIME CHANGE --                                                            
+	SJR 28CONST AM: APPROPRIATION LIMIT                                         
	HEARD AND HELD                                                               
                                                                               
May 24                           Monday 1:00 PM                                
	-- TIME CHANGE --                                                            
=	SJR 28CONST AM: APPROPRIATION LIMIT                                         
                                                                               
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                          LEGISLATIVE BUDGET & AUDIT                         
                               HOUSE FINANCE 519                               
Jun 14                               Monday                                    
                                   ANCHORAGE                                   
	AGENDA AND LOCATION TO BE ANNOUNCED