Legislature(1999 - 2000)
2000-03-21 Senate Journal
Full Journal pdf2000-03-21 Senate Journal Page 2669 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska Seventy-second Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:13 a.m. The roll showed nineteen members present. Senator Parnell was absent. The prayer was offered by the Chaplain, Father Mike Nash of the Cathedral of the Nativity Catholic Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Creator God, Who made the heavens and put the planets in their orbits, we praise You on this first full day of Spring in the year 2000. Let the first spring of the new millennium be the harbinger of a new flowering of justice and hope for Your people. Today, we pray for the members of the Senate of the State of Alaska as they grapple with the reality of dwindling resources, help them to find a just and equitable way to distribute those resources among the many legitimate needs of the people of Alaska. Reward them for the diligent work they do in, what at times must seem, a thankless job. We pray You Gracious God. Amen. Senator Halford led the Senate in the Pledge of Allegiance. 2669 2000-03-21 Senate Journal Page 2670 Certification Senator Mackie moved and asked unanimous consent that the journal for the seventy-first legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Parnell was noted. Messages from the Governor SB 101 Message dated and received March 20 was read, stating: Dear President Pearce: Under the authority of art. II, sec. 17, of the Alaska Constitution, I am allowing the following bill to become law without my signature: CONFERENCE CS FOR SENATE BILL NO. 101(3d CC) An Act relating to disasters and to the disaster relief fund. Chapter 4, SLA 2000 Effective Date: 06/16/00 Our current laws governing disaster response have worked well for many years, providing the authority to act quickly and to comprehensively meet the needs of Alaskans when disasters strike. They also provide the appropriate checks and balances in the expenditure of emergency monies. Senate Bill 101 was born as an attempt by some to deny state aid for western Alaskans following the 1998 fishery disaster, but was amended during the public process to make no substantive changes to the state's laws regarding response to disasters. The amended bill was overwhelmingly approved last year, including a unanimous vote in the House. 2000-03-21 Senate Journal Page 2671 SB 101 The power of the executive branch to declare and respond to disasters, including that which devastated Western Alaska, has not changed and I am prepared to respond similarly whenever Alaskans again are faced with the need for emergency assistance. Under this bill, the governor retains the authority to expend state funds for declared disasters with the concurrence of the Speaker of the House and Senate President. This is the same procedure I followed in 1998. In an unprecedented action, however, the passed bill was never transmitted to me for final action as required by the Constitution. An error was discovered that would have required lawmakers to meet in special session anytime a disaster was declared. Despite repeated requests for transmittal by my Administration, the flawed bill was held through the summer and fall. The duty to transmit a bill that has been passed by both houses is ministerial in nature and should not be allowed to become a convenient means to correct improvident or ill-conceived legislation. The danger of this precedent is obvious as it might permit presiding officers to thwart the will of the majority of the legislature or to impinge on the power of the executive or the courts. In an even more questionable procedure, lawmakers this session amended the bill to correct the error. A strong argument can be made that once passed, a bill is beyond the power of the legislature to amend it further. The process used for SB 101 is a violation of legislative rules and possibly a violation of constitutionally mandated enactment procedures. The chances of litigation challenging the validity of this bill may not be great due to the lack of substantial change in law created by the bill. However, I am allowing this bill to become law without my signature to express my serious concern over the enactment procedures used by the legislature. Sincerely, /s/ Tony Knowles Governor 2000-03-21 Senate Journal Page 2672 Letter dated and received March 20 was read, stating in accordance with AS 39.05.080, I submit the following names for legislative confirmation of appointment to the boards noted: Board of Fisheries Robert "Ed" Dersham - Anchor Point Appointed: 03/03/97 Reappointed: 03/20/00 Expires: 06/30/03 Larry J. Engel - Palmer Appointed: 02/04/94 Reappointed: 02/14/97 and 03/20/00 Expires: 06/30/03 The appointments were referred to the Resources Committee. Board of Marine Pilots Captain Michael C. Spence - Ketchikan Appointed: 10/02/95 Reappointed: 03/20/00 Expires: 06/01/03 Barbara J. Huff Tuckness - Anchorage Appointed: 02/20/97 Reappointed: 03/20/00 Expires: 06/01/03 The appointments were referred to the Labor and Commerce Committee. The resumes for these appointments have been submitted to the Offices of the Senate Secretary and the Chief Clerk. 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 11:23 a.m. After Recess The Senate reconvened at 12:23 p.m. 2000-03-21 Senate Journal Page 2673 Messages from the House Message dated March 20 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 335 CS FOR HOUSE BILL NO. 335(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to information contained in retirement system records; relating to retirement boards; relating to procedures and hearings under state retirement systems; relating to benefits for reemployed retired members of retirement systems; relating to eligibility for normal retirement for members of the teachers retirement system who have Alaska BIA credited service; relating to disability benefits for members of state retirement systems; relating to deduction of premiums from retirement benefits; relating to protection of, and assignment and transfer of, amounts held in retirement systems; relating to retirement benefits for certain employees earning high salaries; relating to qualified domestic relations orders in state retirement systems; relating to the definition of retirement fund in the teachers retirement system; relating to membership of state employees in the teachers retirement system; relating to refund of contributions made to the judicial retirement system or to the former elected public officers retirement system and repayment of refunded contributions in those systems; relating to self-insurance and excess loss insurance for persons receiving benefits from a state retirement system; relating to participation of elected officials in the public employees retirement system; relating to the level income option benefit under the public employees retirement system; relating to participation of employees of political subdivisions and public organizations in the public employees retirement system; relating to crimes for defrauding a state retirement system; relating to the definition of pension fund in the public employees retirement system; relating to calculation of years of service and of benefits under the public employees retirement system for noncertificated employees of certain educational employers; and relating to individual accounts maintained for members of the former elected public officers retirement system. 2000-03-21 Senate Journal Page 2674 HB 335 was read the first time and referred to the State Affairs and Finance Committees. HB 357 HOUSE BILL NO. 357 BY REPRESENTATIVE MURKOWSKI, entitled: An Act relating to the redemption of shares of certain Alaska corporations. was read the first time and referred to the Labor and Commerce Committee. Senator Mackie, Chair, moved and asked unanimous consent that the Labor and Commerce Committee referral be waived on HOUSE BILL NO. 357. The Labor and Commerce Committee passed SENATE BILL NO. 279 (a similar bill) out of committee, (page 2508) with a do pass recommendation. Without objection, the bill was referred to the Rules Committee. SB 250 Message dated March 17, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 250(FIN) am with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO.250(FIN) An Act making supplemental appropriations; amending appropriations; making an appropriation to capitalize a fund; making a reappropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. which had been held on the Secretarys Desk (page 2658) was before the Senate. Senator Mackie moved that the Senate concur in the House amendment. 2000-03-21 Senate Journal Page 2675 SB 250 Senator Mackie called the Senate. The call was satisfied. The question being: Shall the Senate concur in the House amendment? The roll was taken with the following result: HCS CSSB 250(FIN) Shall the Senate Concur in the House amendment to CSSB 250(FIN) am? YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Hoffman, Lincoln, Mackie Nays: Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, the Senate failed to concur. The Secretary was requested to notify the House of the Senates action and request the House to recede from its amendment. Standing Committee Reports SB 249 The Finance Committee considered SENATE BILL NO. 249 An Act authorizing a land exchange between the Department of Natural Resources and Alaska Hard Rock, Inc.; and providing for an effective date. Signing do pass: Senator Torgerson, Cochair, Senators Green, Leman. Signing no recommendation: Senators Phillips, Pete Kelly, Wilken, Donley. Previous zero fiscal note. The bill was referred to the Rules Committee. 2000-03-21 Senate Journal Page 2676 SB 259 The Judiciary Committee considered SENATE BILL NO. 259 An Act relating to criminal impersonation and recommended it be replaced with CS FOR SENATE BILL NO. 259(JUD) An Act relating to crimes and offenses relating to aural representations, recordings, access devices, identification documents, impersonation, false reports and computers; and providing for an effective date. Signing do pass: Senator Taylor, Chair. Signing no recommendation: Senators Torgerson, Ellis, Halford. Indeterminate fiscal note published today from Department of Administration. Zero fiscal note published today from Department of Corrections. Fiscal note information forthcoming. The bill was referred to the Finance Committee. SB 267 The Finance Committee considered SENATE BILL NO. 267 An Act relating to management of game and recommended it be replaced with CS FOR SENATE BILL NO. 267(FIN) Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Green, Pete Kelly, Adams, Leman, Donley. Signing do not pass: Senator Phillips. Signing no recommendation: Senator Wilken. Previous zero fiscal note. The bill was referred to the Rules Committee. 2000-03-21 Senate Journal Page 2677 SB 273 The Resources Committee considered SENATE BILL NO. 273 An Act requiring oil discharge prevention and contingency plans and proof of financial responsibility for nontank vessels and railroad tank cars; authorizing inspection of nontank vessels and trains; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 273(RES) Signing no recommendation: Senator Halford, Chair, Senators Mackie, Taylor, Green, Pete Kelly. Fiscal notes published today from Department of Transportation and Public Facilities, Department of Environmental Conservation. The bill was referred to the Finance Committee. HB 180 The Judiciary Committee considered CS FOR HOUSE BILL NO. 180(FIN) am An Act relating to the manufacture, use, display, or delivery of controlled substances while children are present. Signing do pass: Senator Taylor, Chair, Senators Halford, Torgerson. Signing no recommendation: Senator Ellis. Indeterminate fiscal note published today from Department of Administration. Previous indeterminate and zero fiscal notes. The bill was referred to the Finance Committee. HB 259 The Judiciary Committee considered CS FOR HOUSE BILL NO. 259(FIN) An Act relating to eligibility to be represented by the public defender before and during the probable cause and temporary placement hearing that is held after the state takes emergency custody of a child. Signing do pass: Senator Taylor, Chair, Senator Halford. Signing no recommendation: Senators Ellis, Torgerson. Previous House zero fiscal note. 2000-03-21 Senate Journal Page 2678 HB 259 The bill was referred to the Finance Committee. SB 268 The Rules Committee considered SENATE BILL NO. 268 An Act relating to mandatory 99-year terms of imprisonment for persons convicted of certain murders. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. Introduction and Reference of Senate Bills SB 294 SENATE BILL NO. 294 BY THE SENATE JUDICIARY COMMITTEE, entitled: An Act relating to the possession of concealed handguns and to concealed handgun permits. was read the first time and referred to the Judiciary Committee. Consideration of the Calendar Second Reading of Senate Bills SB 268 SENATE BILL NO. 268 An Act relating to mandatory 99-year terms of imprisonment for persons convicted of certain murders was read the second time. Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. 2000-03-21 Senate Journal Page 2679 SB 268 SENATE BILL NO. 268 was read the third time. Senators Taylor, Halford, Leman moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: Shall SENATE BILL NO. 268 An Act relating to mandatory 99-year terms of imprisonment for persons convicted of certain murders pass the Senate? The roll was taken with the following result: SB 268 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, SENATE BILL NO. 268 passed the Senate and was referred to the Secretary for engrossment. Senate Bills in Second Reading SB 269 SENATE BILL NO. 269 An Act relating to the deadline for the submission of monetary terms of collective bargaining contracts between the state and a labor or employee organization representing state employees to the legislature was before the Senate in second reading. Senator Tim Kelly, Chair, moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 2660. Senator Elton objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 269(RLS) An Act relating to legislative powers and responsibility with respect to collective bargaining agreements between the state and a labor or employee organization representing state employees; and providing for an effective date was adopted and read the second time. 2000-03-21 Senate Journal Page 2680 SB 269 Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. The roll was taken with the following result: CSSB 269(RLS) Advance from Second to Third Reading? 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, CS FOR SENATE BILL NO. 269(RLS) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 269(RLS) An Act relating to legislative powers and responsibility with respect to collective bargaining agreements between the state and a labor or employee organization representing state employees; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 269(RLS) Third Reading - Final Passage Effective Date 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, CS FOR SENATE BILL NO. 269(RLS) passed the Senate. 2000-03-21 Senate Journal Page 2681 SB 269 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 Elton gave notice of reconsideration. Announcements Announcements are at the end of the journal. Engrossment SB 268 SENATE BILL NO. 268 An Act relating to mandatory 99-year terms of imprisonment for persons convicted of certain murders was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Enrollment SB 176 CS FOR SENATE BILL NO. 176(RLS) am H An Act permitting a physical fitness facility to limit public accommodation to only males or only females 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 8:15 a.m., March 21. 2000-03-21 Senate Journal Page 2682 Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 22, 2000. Without objection, the Senate adjourned at 1:17 p.m. Heidi Vogel Secretary of the Senate March 2000 2000-03-21 Senate Journal Page 2683 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.