Legislature(1999 - 2000)
2000-03-16 Senate Journal
Full Journal pdf2000-03-16 Senate Journal Page 2621 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska Sixty-seventh Day Pursuant to adjournment the Senate was called to order by President Pearce at 9:51 a.m. The roll showed thirteen members present. Senators Pete Kelly, Lincoln, Mackie, Miller were excused from a call of the Senate. Senators Green, Halford, Taylor were absent. The prayer was offered by the Chaplain, Pastor Mike Rose of the Bethel Assembly of God. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Heavenly Father, thank You for the privilege to be in Your presence and to come before Your throne. We thank You for this new day to experience abundant life. You have instructed us to be anxious for nothing but in everything by prayer and supplication to let our requests be made known to God, and we thank You for the peace of God that guards our hearts and minds. We pray today that Your kingdoms priorities will be accomplished, and that Your will shall be done, on earth as it is in heaven. We ask that You bless the Alaska Senate today with wisdom, guidance and direction. May all decisions made in this place bring greater peace and prosperity to the people of Alaska. I pray for the families of all those represented here today. May Your hedge of protection guard them and keep them from all harm. 2621 2000-03-16 Senate Journal Page 2622 Lord, Your Word tells us that righteousness exalts a nation, but sin is a reproach to any people. We pray for a revival of righteousness, peace and joy in our state and in our nation. Thank You that Your mercies are new every morning. Thank You for hearing this prayer. In Jesus Name I pray. Amen. Senator Wilken led the Senate in the Pledge of Allegiance. Certification Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the journal for the sixty-sixth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Green was noted. Messages from the Governor SB 186 Message dated and received March 15 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 186(FIN) An Act relating to a University of Alaska postsecondary education savings program, to the Alaska Higher Education Savings Trust, and to the Alaska advance college tuition savings fund; and providing for an effective date. Chapter 3, SLA 2000 Effective Date: 3/16/00 2000-03-16 Senate Journal Page 2623 Messages from the House SCR 12 Message dated March 15 was read, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 12 Relating to declaring March 2000 as Sobriety Awareness Month. The resolution was referred to the Secretary for enrollment. Message dated March 15 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 48 CS FOR HOUSE JOINT RESOLUTION NO. 48(RLS) BY THE HOUSE RULES COMMITTEE, Relating to the free flow of people and the fair trade of goods and services across the border between the United States and Canada. was read the first time and referred to the Labor and Commerce Committee. First Reading and Reference of House Bills HB 275 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 275(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: 2000-03-16 Senate Journal Page 2624 HB 275 An Act relating to the Uniform Probate Code, including trusts and governing instruments; relating to trustees; relating to underproductive trust property; and relating to conveyances of real property and interests in real property by or to trusts. was read the first time and referred to the Judiciary Committee. The presence of Senators Halford, Taylor was noted. Recess Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 9:56 a.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 10:03 a.m. The purpose of the Joint Session was to hear an address by the Honorable Ted Stevens, United States Senator. Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the roll calls of the Senate and House be waived and all members be shown as present. Without objection, it was so ordered. President Pearce appointed Representative Phillips and Senator Tim Kelly to escort Senator Ted Stevens to the Joint Session. 2000-03-16 Senate Journal Page 2625 The House Sergeant at Arms, Sean Riley, announced Senator Stevens entrance to the House Chamber. The Honorable Ted Stevens was escorted to the rostrum and introduced by President Pearce. United States Senator Ted Stevens delivered his address. This address appears in Senate and House Joint Journal Supplement No.14. Following his address, there was a question and answer period. The Honorable Senator Ted Stevens received a standing ovation and was escorted from the chamber by Senator Tim Kelly and Representative Phillips. Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Pearce adjourned the Joint Session at 11:06 a.m. After Recess In the Senate The Senate reconvened at 11:19 a.m. Standing Committee Reports SB 163 The Rules Committee considered SENATE BILL NO. 163 An Act relating to a trustees duties to inform and account to beneficiaries; relating to the revocation, modification, termination, reformation, construction, and trustees of trusts; and relating to transfer restrictions in trusts and recommended it be replaced with CS FOR SENATE BILL NO. 163(RLS) An Act relating to trusts, to a trustees duties to notify and inform beneficiaries, and to the revocation, modification, termination, reformation, construction, and trustees of trusts. 2000-03-16 Senate Journal Page 2626 SB 163 Signing to calendar: Senator Tim Kelly, Chair, Senator Leman. Signing under other recommendations: Senators Ellis, Pearce. Previous zero fiscal note. The bill is on todays calendar. Introduction and Reference of Senate Resolutions SJR 39 SENATE JOINT RESOLUTION NO. 39 BY THE SENATE RULES COMMITTEE, Encouraging the United States Congress to pass S. 2214, a bill opening the coastal plain of the Arctic National Wildlife Refuge to responsible exploration, development, and production of its oil and gas resources. was read the first time and referred to the Resources Committee. Consideration of the Calendar Second Reading of Senate Bills SB 163 SENATE BILL NO. 163 An Act relating to a trustees duties to inform and account to beneficiaries; relating to the revocation, modification, termination, reformation, construction, and trustees of trusts; and relating to transfer restrictions in trusts was read the second time. 2000-03-16 Senate Journal Page 2627 SB 163 Senator Taylor moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 2625. Without objection, CS FOR SENATE BILL NO. 163(RLS) An Act relating to trusts, to a trustees duties to notify and inform beneficiaries, and to the revocation, modification, termination, reformation, construction, and trustees of trusts was adopted and read the second time. Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 163(RLS) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 163(RLS) An Act relating to trusts, to a trustees duties to notify and inform beneficiaries, and to the revocation, modification, termination, reformation, construction, and trustees of trusts pass the Senate? The roll was taken with the following result: CSSB 163(RLS) Third Reading - Final Passage YEAS: 13 NAYS: 3 EXCUSED: 4 ABSENT: 0 Yeas: Adams, Donley, Elton, Green, Hoffman, Kelly Tim, Leman, Parnell, Pearce, Phillips, Taylor, Torgerson, Wilken Nays: Ellis, Halford, Ward Excused: Kelly Pete, Lincoln, Mackie, Miller and so, CS FOR SENATE BILL NO. 163(RLS) passed the Senate. Senator Halford gave notice of reconsideration. 2000-03-16 Senate Journal Page 2628 Citations Honoring - East Anchorage High School Girls Track and Field, 1998 State 4-A Champions Senator(s) Tim Kelly, Adams, Elton, Wilken, Ellis, Leman, Parnell, Pearce, Green, Mackie, Pete Kelly, Taylor, Phillips, Donley, Hoffman In Memoriam - John King Senator(s) Green, Adams, Elton, Wilken, Leman, Parnell, Pearce, Tim Kelly, Mackie, Pete Kelly, Taylor, Donley, Hoffman, Halford Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business EO 101 In accordance with AS 24.08.210, action was not taken on the following Executive Order and it was returned to the Governors Office at 10:22 a.m. on March 15, 2000: EXECUTIVE ORDER NO. 101 Relocating the highway safety planning agency from the Department of Public Safety to the Department of Transportation and Public Facilities. SB 268 Senator Torgerson, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on SENATE BILL NO. 268 An Act relating to mandatory 99-year terms of imprisonment for persons convicted of certain murders. Without objection, the bill was referred to the Rules Committee. Senator Taylor moved and asked unanimous consent that he be excused from the Senate, not subject to a call, from plane time on March 17. Without objection, Senator Taylor was excused. 2000-03-16 Senate Journal Page 2629 Announcements Announcements are at the end of the journal. Adjournment Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 17, 2000. Without objection, the Senate adjourned at 11:29 a.m. Heidi Vogel Secretary of the Senate March 2000 2000-03-16 Senate Journal Page 2630 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. SENATE STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS FAHRENKAMP 203 Mar 17 Friday 1:30 PM No Meeting Scheduled Mar 20 Monday 1:30 PM No Meeting Scheduled Mar 22 Wednesday 1:30 PM No Meeting Scheduled Mar 24 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SENATE FINANCE 532 Mar 16 Thursday 8:30 AM -- Time Change -- Mental Health Campaign Presentation Mar 17 Friday 9:00 AM += SB 281OPERATING BUDGET MISSIONS AND MEASURES + SB 267MANAGEMENT OF GAME Bills Previously Heard/Scheduled Mar 20 Monday 9:00 AM = SB 271FEES FOR FOOD ESTABLISHMENT INSPECTIONS SB 276REQUIRE HEALTH INS COVERAGE FOR DIABETES SB 227MUNICIPAL PROPERTY TAX LEVY LIMITATION Bills Previously Heard/Scheduled 2000-03-16 Senate Journal Page 2631 FINANCE Mar 21 Tuesday 9:00 AM SB 34TATTOOS AND BODY PIERCING SB 220PROCUREMENT PREFS:PARTNERSHP/LTD LIAB CO SB 249DEPT NAT RES & AK HARD ROCK LAND EXCHANGE SB 254HEIRLOOM MARRIAGE CERTIFICATES Bills Previously Heard/Scheduled Mar 22 Wednesday 9:00 AM SJR 33CONST AM: PERMANENT FUND SJR 35CONST AM: PERM FUND INCOME DISTRIBUTION Bills Previously Heard/Scheduled Mar 23 Thursday 9:00 AM DOA Overview of Negotiated Public Employee Contracts Bills Previously Heard/Scheduled Mar 23 Thursday 6:00 PM Public Testimony on the Following Bills: HB 312APPROPRIATIONS: OPERATING BUDGET <Pending Referral> HB 313APPROPRIATIONS: MENTAL HEALTH <Pending Referral> Bills Previously Heard/Scheduled Mar 24 Friday 9:00 AM SB 273OIL SPILL RESPONSE; NONTANK VESSELS & RR <Pending Referral> HB 43MUNI.ORDINANCES:POLICE TRAINING SURCHARGE = HB 112ESTABLISH ALASKA PUBLIC BUILDING FUND HB 272MUNICIPAL TAX: LOW INCOME HOUSING Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Mar 20 Monday 1:30 PM + SB 275POSTSECONDARY LOAN PROGRAM:SCHOOL YR + Bills Previously Heard/Scheduled Mar 22 Wednesday 1:30 PM + SB 207MEDICAL SUPPORT ORDERS FOR CHILDREN + SB REGARDING BRD OF CHIROPRACTIC EXAMINER <Pending Introduction and Referral> + Bills Previously Heard/Scheduled 2000-03-16 Senate Journal Page 2632 JUDICIARY BELTZ 211 Mar 17 Friday 1:30 PM No Meeting Scheduled Mar 20 Monday 1:30 PM + HB 259PUBLIC DEFENDER CHILDRENS PROCEEDINGS + HB 180DRUGS WHERE MINORS ARE PRESENT += HB 67BAIL HEARING FOR SEX OFFENDERS += SB 259THEFT OF IDENTITY + Bills Previously Heard/Scheduled Mar 22 Wednesday 1:30 PM += SB 286DUTIES AND POWERS OF ATTORNEY GENERAL += SB 277ONLINE SYSTEM REPLACES AK ADMIN JOURNAL + HB 275UNIFORM PROBATE CODE/TRUSTS/PROPERTY + Bills Previously Heard/Scheduled Mar 24 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE BELTZ 211 Mar 16 Thursday 1:30 PM No Meeting Scheduled Mar 21 Tuesday 1:30 PM += SB 272WORKERS COMP AND WORKER SAFETY + HB 230PERS BENEFITS FOR POLICE/FIRE DISPATCHERS Mar 23 Thursday 1:30 PM SB 240CHARGE FOR COMMUNITY DEVELOPMENT QUOTA SB 248AIDEA: BONDS & RURAL DEVELOPMENT SB 289BOARD OF TECHNICAL AND VOCATIONAL EDUC Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES BUTROVICH 205 Mar 17 Friday 3:00 PM -- Meeting Canceled -- Bills Previously Heard/Scheduled 2000-03-16 Senate Journal Page 2633 RESOURCES Mar 20 Monday 3:00 PM = SB 273OIL SPILL RESPONSE; NONTANK VESSELS & RR SB 212FISH & GAME GRANTS SB 258SET NET SITES/ SHORE FISHERIES DEVELOPMT Bills Previously Heard/Scheduled Mar 22 Wednesday 3:00 PM HJR 54EXCLUDE AK NATL FORESTS FROM ROADLESS POL SJR 39ENCOURAGING CONGRESS TO OPEN ANWR Bills Previously Heard/Scheduled Mar 24 Friday 3:00 PM SB 235APPROVING TRANSFER OF RAILROAD LAND Bills Previously Heard/Scheduled ---------------------------------------- RULES FAHRENKAMP 203 Mar 16 Thursday 11:30 AM SB 6DISPOSALS OF STATE LAND SB 73ASSISTED LIVING FACILITIES SB 287APPROPRIATION: LAND DISPOSAL BANK PROG ---------------------------------------- STATE AFFAIRS BELTZ 211 Mar 16 Thursday 3:30 PM += SB 247VETERANSELIGIBILITY FOR LONGEVITY BONUS += SJR 26CONST. AM: EDUCATION FUND + HB 163DIVISION OF ELECTIONS Bills Previously Heard/Scheduled Mar 21 Tuesday 3:30 PM No Meeting Scheduled Mar 23 Thursday 3:30 PM SB REGARDING IMMUNIZATION REQUIREMENTS <Pending Introduction and Referral> Bills Previously Heard/Scheduled ---------------------------------------- 2000-03-16 Senate Journal Page 2634 TRANSPORTATION BUTROVICH 205 Mar 16 Thursday 1:30 PM -- Meeting Canceled -- = SB 208RAILROAD AND FERRY AUTHORITY SB 288APPROVE CLARKE BAY TERMINAL AGREEMENT Bills Previously Heard/Scheduled Mar 21 Tuesday 1:30 PM No Meeting Scheduled Mar 23 Thursday 1:30 PM = SB 288APPROVE CLARKE BAY TERMINAL AGREEMENT Bills Previously Heard/Scheduled FINANCE SUBCOMMITTEES ADMINISTRATION SENATE FINANCE 532 Mar 17 Friday 2:00 PM Budget Closeout ---------------------------------------- COMMUNITY & ECONOMIC DEVELOPMENT BELTZ 211 Mar 16 Thursday 12:00 PM -- Rescheduled to 3/21/00 -- Budget Closeout SENATE FINANCE 532 Mar 21 Tuesday 1:00 PM -- Location and Time Change -- -- Rescheduled from 3/16/00 -- Budget Closeout ---------------------------------------- CORRECTIONS BELTZ 211 Mar 20 Monday 12:30 PM Budget Closeout ---------------------------------------- COURT SYSTEM SENATE FINANCE 532 Mar 16 Thursday 5:00 PM + Budget Closeout 2000-03-16 Senate Journal Page 2635 FINANCE SUBCOMMITTEES EDUCATION & EARLY DEVELOPMENT SENATE FINANCE 532 Mar 16 Thursday 1:30 PM Budget Closeout ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 532 Mar 20 Monday 12:00 PM Budget Closeout ---------------------------------------- FISH & GAME SENATE FINANCE 532 Mar 22 Wednesday 12:00 PM Budget Closeout ---------------------------------------- GOVERNOR SENATE FINANCE 532 Mar 22 Wednesday 8:00 AM Budget Closeout ---------------------------------------- HEALTH & SOCIAL SERVICES SENATE FINANCE 532 Mar 20 Monday 3:00 PM Budget Closeout Mar 21 Tuesday 8:00 AM Budget Closeout ---------------------------------------- LEGISLATURE SENATE FINANCE 532 Mar 22 Wednesday 8:15 AM Budget Closeout ---------------------------------------- PUBLIC SAFETY BUTROVICH 205 Mar 21 Tuesday 5:00 PM Budget Closeout ---------------------------------------- 2000-03-16 Senate Journal Page 2636 FINANCE SUBCOMMITTEES TRANSPORTATION & PUBLIC FACILITIES SENATE FINANCE 532 Mar 21 Tuesday 2:30 PM Budget Closeout ---------------------------------------- UNIVERSITY OF ALASKA SENATE FINANCE 532 Mar 16 Thursday 3:00 PM + University Budget OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH 205 Mar 21 Tuesday 12:00 PM Presentation by Alaska Childrens Trust ---------------------------------------- JOINT SESSION HOUSE CHAMBER Mar 16 Thursday 10:00 AM -- Time Change -- Address by U.S. Senator Ted Stevens