Legislature(1999 - 2000)
2000-04-17 Senate Journal
Full Journal pdf2000-04-17 Senate Journal Page 3179 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska Ninety-ninth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:32 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Pastor Larry Olson, Eagle Wings Community Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord, we thank You for the grace and mercy that You show us everyday. Your gifts are too many to mention. Your generosity is beyond comprehension. Lord, the men and women of this body have been given a great gift of leadership. They have been entrusted with great authority by their fellow Alaskans. Lord Jesus, in Your Word, You spoke of the final judgment scene. You said that we will be judged on the basis of how we treat the poor, the hungry, the sick, the outcast, those in prison. May the men and women of this Senate conduct their business so that when they come before Your throne of judgment, they will hear, Well done, good and faithful servant. We pray for those people we name in our hearts now. Amen. Senator Miller led the Senate in the Pledge of Allegiance. 3179 2000-04-17 Senate Journal Page 3180 Certification Senator Mackie moved and asked unanimous consent that the journal for the ninety-eighth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Standing Committee Reports HB 116 The Resources Committee considered CS FOR HOUSE BILL NO. 116(FIN) An Act relating to the Board of Agriculture and Conservation, to the director of agriculture, to the agricultural revolving loan fund and to loans from the fund, to the disposal of interests in state agricultural land; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 116(RES) Signing no recommendation: Senator Halford, Chair. Signing do pass: Senators Taylor, Green, Pete Kelly, Lincoln. Fiscal note published today from Department of Natural Resources. The bill was referred to the Finance Committee. HB 159 The Finance Committee considered CS FOR HOUSE BILL NO. 159(FIN) am An Act permitting certain employees in state correctional facilities or employed in the Department of Corrections to convert their credited service under the public employees retirement system to credited service as peace officers. Signing do pass: Senators Torgerson, Parnell, Cochairs, Senator Adams. Signing no recommendation: Senators Phillips, Wilken, Leman, Donley. Previous House zero fiscal note. The bill was referred to the Rules Committee. 2000-04-17 Senate Journal Page 3181 HB 163 The Finance Committee considered CS FOR HOUSE BILL NO. 163(JUD) An Act relating to qualifications of voters; relating to the registration of voters; relating to election districts and officials; relating to election procedures and ballots; relating to special procedures for elections; relating to nomination of candidates; relating to national elections; relating to special elections and appointments; relating to constitutional amendments; relating to election offenses and corrupt practices; relating to election pamphlets; relating to the deferral of jury service for certain election officials; relating to an exemption from the State Procurement Code regarding election ballots; relating to the provision and use of mailing addresses on permanent fund dividend applications for election purposes; relating to the inclusion of voter registration forms with permanent fund dividend applications; relating to financial statements by public officials and candidates for public office; making conforming amendments in references to election district, chairman, and similar terms; relating to initiative, referendum, and recall petitions; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 163(FIN) Signing do pass: Senators Torgerson, Parnell, Cochairs, Senator Donley. Signing no recommendation: Senators Phillips, Green, Pete Kelly, Leman, Adams, Wilken. Previous House fiscal note. The bill was referred to the Rules Committee. 2000-04-17 Senate Journal Page 3182 HB 236 The Finance Committee considered HOUSE BILL NO. 236 An Act relating to credited service in the teachers retirement system for part-time employment. Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Phillips, Green, Pete Kelly, Leman, Adams, Donley, Wilken. Previous House zero fiscal note. The bill was referred to the Rules Committee. SB 290 The Rules Committee considered SENATE BILL NO. 290 An Act relating to state funding for transportation of public school students; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. HB 99 The Rules Committee considered HOUSE BILL NO. 99 An Act relating to sexual assault and the definitions of sexual contact, sexual penetration, and legal guardian in AS 11. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Miller, Leman. Signing under other recommendations: Senator Ellis. Forthcoming zero fiscal notes published today from Department of Public Safety, Department of Corrections, Department of Law, Department of Health and Social Services, Department of Administration. The bill is on todays calendar. HB 194 The Rules Committee considered HOUSE BILL NO. 194 An Act correcting, in the Alaska Disaster Act, a reference to the former oil and hazardous substance release response fund to describe that fund by its correct name. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Miller, Leman. Signing under other recommendations: Senator Ellis. 2000-04-17 Senate Journal Page 3183 HB 194 Forthcoming zero fiscal notes published today from Department of Military and Veterans Affairs, Department of Environmental Conservation. The bill is on todays calendar. HB 204 The Rules Committee considered CS FOR HOUSE BILL NO. 204(RES) An Act relating to elk farming. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller. Signing under other recommendations: Senator Ellis. Fiscal note published today from Department of Fish and Game. The bill is on todays calendar. HB 265 The Rules Committee considered HOUSE BILL NO. 265 An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller, Ellis. The bill is on todays calendar. HB 275 The Rules Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 275(JUD) 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. 2000-04-17 Senate Journal Page 3184 HB 275 The bill is on todays calendar. HB 290 The Rules Committee considered CS FOR HOUSE BILL NO. 290(FIN) An Act relating to pipeline carriers of natural gas produced from the North Slope of Alaska and to the intrastate regulation by the Regulatory Commission of Alaska of pipelines and pipeline facilities of that natural gas. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller, Ellis. The bill is on todays calendar. HB 315 The Rules Committee considered HOUSE BILL NO. 315 An Act relating to elimination of the Alaska Administrative Journal and instituting public notice requirements on the Alaska Online Public Notice System; amending public notice publication requirements for certain regulations; and providing for an effective date. Signing to calendar and do pass: Senator Tim Kelly, Chair, Senators Pearce, Miller, Ellis. Signing do pass with public notice amendment: Senator Leman. Previous House zero fiscal note. The bill is on todays calendar. HB 428 The Rules Committee considered CS FOR HOUSE BILL NO. 428(FIN) An Act relating to interest on child support overpayments that are disbursed to the obligor. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Miller, Leman. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. 2000-04-17 Senate Journal Page 3185 Reconsideration of Senate Resolutions SJR 40 Senator Tim Kelly requested that the reconsideration on CS FOR SENATE JOINT RESOLUTION NO. 40(RLS) am Proposing amendments to the Constitution of the State of Alaska providing that the governor and lieutenant governor be elected by a majority vote; and changing the term of office of the governor and lieutenant governor, be taken up. The resolution was before the Senate on reconsideration. Senator Tim Kelly moved and asked unanimous consent that the resolution be held to the April 18 calendar. Without objection, it was so ordered. Consideration of the Calendar Second Reading of Senate Bills SB 290 Senator Mackie moved and asked unanimous consent that SENATE BILL NO. 290 An Act relating to state funding for transportation of public school students; and providing for an effective date be placed at the bottom of todays calendar. Without objection, it was so ordered. Second Reading of House Bills HB 99 HOUSE BILL NO. 99 An Act relating to sexual assault and the definitions of sexual contact, sexual penetration, and legal guardian in AS 11 was read the second time. Senator Mackie moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 99 was read the third time. 2000-04-17 Senate Journal Page 3186 HB 99 The question being: Shall HOUSE BILL NO. 99 An Act relating to sexual assault and the definitions of sexual contact, sexual penetration, and legal guardian in AS 11 pass the Senate? The roll was taken with the following result: HB 99 Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Absent: Kelly Pete and so, HOUSE BILL NO. 99 passed the Senate, was signed by the President and Secretary and returned to the House. HB 194 HOUSE BILL NO. 194 An Act correcting, in the Alaska Disaster Act, a reference to the former oil and hazardous substance release response fund to describe that fund by its correct name was read the second time. Senator Mackie moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 194 was read the third time. The question being: Shall HOUSE BILL NO. 194 An Act correcting, in the Alaska Disaster Act, a reference to the former oil and hazardous substance release response fund to describe that fund by its correct name pass the Senate? The roll was taken with the following result: 2000-04-17 Senate Journal Page 3187 HB 194 HB 194 Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Absent: Kelly Pete and so, HOUSE BILL NO. 194 passed the Senate, was signed by the President and Secretary and returned to the House. Reconsideration of House Bills HB 382 Senator Donley requested that the reconsideration on CS FOR HOUSE BILL NO. 382(L&C) be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR HOUSE BILL NO. 382(L&C) An Act relating to the licensing of social workers and to the use of the title social worker without a license; and providing for an effective date pass the Senate? The roll was taken with the following result: CSHB 382(L&C) Third Reading - On Reconsideration Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Parnell, Taylor 2000-04-17 Senate Journal Page 3188 HB 382 and so, CS FOR HOUSE BILL NO. 382(L&C) 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 and the bill was signed by the President and Secretary and returned to the House. Second Reading of House Bills Continued HB 204 CS FOR HOUSE BILL NO. 204(RES) An Act relating to elk farming was read the second time. Senator Mackie moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 204(RES) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 204(RES) An Act relating to elk farming pass the Senate? The roll was taken with the following result: CSHB 204(RES) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, CS FOR HOUSE BILL NO. 204(RES) passed the Senate. Senator Ellis gave notice of reconsideration. 2000-04-17 Senate Journal Page 3189 HB 265 HOUSE BILL NO. 265 An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date was read the second time. Senator Mackie moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 265 was read the third time. The question being: Shall HOUSE BILL NO. 265 An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date pass the Senate? The roll was taken with the following result: HB 265 Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, HOUSE BILL NO. 265 passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 275 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 275(JUD) 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 second time. 2000-04-17 Senate Journal Page 3190 HB 275 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 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 275(JUD) was read the third time. The question being: Shall CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 275(JUD) 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 pass the Senate? The roll was taken with the following result: CSSSHB 275(JUD) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 275(JUD) passed the Senate, was signed by the President and Secretary and returned to the House. HB 290 CS FOR HOUSE BILL NO. 290(FIN) An Act relating to pipeline carriers of natural gas produced from the North Slope of Alaska and to the intrastate regulation by the Regulatory Commission of Alaska of pipelines and pipeline facilities of that natural gas was read the second time. Senator Mackie moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. 2000-04-17 Senate Journal Page 3191 HB 290 CS FOR HOUSE BILL NO. 290(FIN) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 290(FIN) An Act relating to pipeline carriers of natural gas produced from the North Slope of Alaska and to the intrastate regulation by the Regulatory Commission of Alaska of pipelines and pipeline facilities of that natural gas pass the Senate? The roll was taken with the following result: CSHB 290(FIN) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, CS FOR HOUSE BILL NO. 290(FIN) passed the Senate, was signed by the President and Secretary and returned to the House. HB 315 HOUSE BILL NO. 315 An Act relating to elimination of the Alaska Administrative Journal and instituting public notice requirements on the Alaska Online Public Notice System; amending public notice publication requirements for certain regulations; and providing for an effective date was read the second time. Senator Mackie moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 315 was read the third time. The question being: Shall HOUSE BILL NO. 315 An Act relating to elimination of the Alaska Administrative Journal and instituting public notice requirements on the Alaska Online Public Notice System; amending public notice publication requirements for certain regulations; and providing for an effective date pass the Senate? The roll was taken with the following result: 2000-04-17 Senate Journal Page 3192 HB 315 HB 315 Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, HOUSE BILL NO. 315 passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 428 CS FOR HOUSE BILL NO. 428(FIN) An Act relating to interest on child support overpayments that are disbursed to the obligor was read the second time. Senator Mackie moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 428(FIN) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 428(FIN) An Act relating to interest on child support overpayments that are disbursed to the obligor pass the Senate? The roll was taken with the following result: 2000-04-17 Senate Journal Page 3193 HB 428 CSHB 428(FIN) Third Reading - Final Passage 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, CS FOR HOUSE BILL NO. 428(FIN) passed the Senate, was signed by the President and Secretary and returned to the House. SB 290 SENATE BILL NO. 290 An Act relating to state funding for transportation of public school students; and providing for an effective date which had been placed at the bottom of the calendar (page 3185) was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 3054. Without objection, CS FOR SENATE BILL NO. 290(FIN) An Act relating to state funding for transportation of public school students; relating to a minimum amount of expenditures by school districts for instruction; determining the facilities constituting a school for purposes of public school funding; and providing for an effective date was adopted and read the second time. Senator Donley offered Amendment No. 1 : Page 3, following line 8: Insert a new bill section to read: "* Sec. 5. AS14.17.905 is amended by adding a new subsection to read: (b) Notwithstanding (a)(3) of this section, an alternative school that is a charter school shall be counted as a separate school if the school is operated in a facility separate from other students." 2000-04-17 Senate Journal Page 3194 SB 290 Renumber the following bill sections accordingly. Page 3, line 9: Delete "Sections 3 and 4" Insert "Sections 3 - 5" Senator Donley moved for the adoption of Amendment No. 1. Senator Torgerson objected. Senator Torgerson moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 1: In subsection (b), after alternative school: Delete that is Insert or Senator Donley objected. Senator Hoffman moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Hoffman was required to vote. The question being: Shall the amendment to Amendment No. 1 be adopted? The roll was taken with the following result: CSSB 290(FIN) Second Reading Amendment to Amendment No. 1 YEAS: 10 NAYS: 9 EXCUSED: 0 ABSENT: 1 Yeas: Ellis, Elton, Green, Kelly Pete, Mackie, Miller, Parnell, Taylor, Torgerson, Wilken Nays: Adams, Donley, Halford, Hoffman, Leman, Lincoln, Pearce, Phillips, Ward Absent: Kelly Tim and so, Amendment No. 1 was amended. 2000-04-17 Senate Journal Page 3195 SB 290 The question being: Shall Amendment No. 1 as amended be adopted? The roll was taken with the following result: CSSB 290(FIN) Second Reading Amendment No. 1 as amended YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Kelly Tim, Lincoln, Mackie, Parnell, Torgerson, Ward Nays: Hoffman, Kelly Pete, Leman, Miller, Pearce, Phillips, Taylor, Wilken Senator Adams changed from Nay to Yea. Senator Hoffman changed from Yea to Nay. Senator Lincoln changed from Nay to Yea. and so, Amendment No. 1 as amended was adopted. Senator Green offered Amendment No. 2 : Page 2, line 21: Delete "principals, assistant principals," Insert "assistant principals" Senator Green moved for the adoption of Amendment No. 2. Senator Leman objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: 2000-04-17 Senate Journal Page 3196 SB 290 CSSB 290(FIN) am Second Reading Amendment No. 2 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Green, Halford, Hoffman, Lincoln, Mackie, Pearce, Ward, Wilken Nays: Donley, Kelly Pete, Kelly Tim, Leman, Miller, Parnell, Phillips, Taylor, Torgerson and so, Amendment No. 2 was adopted. Senator Adams offered Amendment No. 3 : Page 1, line 1: Delete "transportation of" Page 2, following line 16: Insert a new bill section to read: "* Sec. 3. AS 14.17.490(a) is amended to read: (a) Except as provided in (b) and (c) ¦(b) - (e)á of this section, if, in fiscal year 1999, a city or borough school district or a regional educational attendance area would receive less public school funding under AS 14.17.410 than the district or area would have received as state aid, the district or area is, in each fiscal year, eligible to receive additional public school funding equal to the difference between the public school funding the district or area was eligible to receive under AS 14.17.410 in fiscal year 1999 and the state aid the district or area would have received in fiscal year 1999." Renumber the following bill sections accordingly. Page 3, following line 8: Insert a new bill section to read: "* Sec. 6. AS14.17.490(d) and 14.17.490(e) are repealed." 2000-04-17 Senate Journal Page 3197 SB 290 Renumber the following bill sections accordingly. Page 3, line 9: Delete "Sections 3 and 4" Insert "Sections 3 - 6" Senator Adams moved for the adoption of Amendment No. 3. Senator Torgerson objected. Senator Torgerson moved to divide the question. President Pearce ruled the question was divisible. Senator Torgerson moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSSB 290(FIN) am Second Reading Amendment No. 3 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Hoffman, Kelly Tim, Lincoln, Mackie, Pearce, Torgerson, Ward Nays: Donley, Green, Halford, Kelly Pete, Leman, Miller, Parnell, Phillips, Taylor, Wilken and so, Amendment No. 3 failed. Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 290(FIN) am was read the third time. 2000-04-17 Senate Journal Page 3198 SB 290 Senator Taylor offered Title Amendment No. 4: Page 1, line 3: Delete "determining the facilities constituting a school" Insert "providing that," Page 1, line 4, following "funding": Insert ", a community with an average daily membership of at least 101 but not more than 450 shall be counted as one elementary and one secondary school and, in a community with an average daily membership of greater than 450, each facility that is administered as a separate school shall be counted as one school, except for certain alternative schools" Senator Taylor moved for the adoption of Title Amendment No. 4. Senator Torgerson objected. The question being: Shall Title Amendment No. 4 be adopted? The roll was taken with the following result: CSSB 290(FIN) am Third Reading - Final Passage Title Amendment No. 4 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Miller, Parnell, Taylor, Ward Nays: Adams, Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Pearce, Phillips, Torgerson, Wilken and so, Title Amendment No. 4 failed. The question being: Shall CS FOR SENATE BILL NO. 290(FIN) am An Act relating to state funding for transportation of public school students; relating to a minimum amount of expenditures by school districts for instruction; determining the facilities constituting a school for purposes of public school funding; and providing for an effective date pass the Senate? The roll was taken with the following result: 2000-04-17 Senate Journal Page 3199 SB 290 CSSB 290(FIN) am Third Reading - Final Passage Effective Dates YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Elton, Green, Halford, Leman, Miller, Parnell, Taylor Nays: Adams, Hoffman, Kelly Pete, Kelly Tim, Lincoln, Mackie, Pearce, Phillips, Torgerson, Ward, Wilken and so, CS FOR SENATE BILL NO. 290(FIN) am failed. Senator Ward gave notice of reconsideration. Senator Lincoln moved and asked unanimous consent that the Senate return to Introduction of Guests. Without objection, it was so ordered. Messages from the House Message dated April 17 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 58 CS FOR HOUSE BILL NO. 58(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to certain audits regarding oil and gas royalty and net profits and to audits regarding costs relating to exploration incentive credits and oil and gas exploration licenses; and providing for an effective date. was read the first time and referred to the Finance Committee. 2000-04-17 Senate Journal Page 3200 HB 121 CS FOR HOUSE BILL NO. 121(L&C) am BY THE HOUSE LABOR AND COMMERCE COMMITTEE, entitled: An Act relating to patients rights under a health care insurance plan or contract providing coverage for dental care, and prohibiting certain practices by health care insurers relating to dental care. was read the first time and referred to the Labor and Commerce Committee. HB 164 CS FOR HOUSE BILL NO. 164(RES) BY THE HOUSE RESOURCES COMMITTEE, entitled: An Act relating to electronic application for and issuance of licenses, permits, and tags issued by the Department of Fish and Game; to violations regarding a license, permit, or tag applied for or issued electronically; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. HB 211 CS FOR HOUSE BILL NO. 211(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to regulation of managed care insurance plans; amending Rule 602, Alaska Rules of Appellate Procedure; and providing for an effective date. was read the first time and referred to the Finance Committee. 2000-04-17 Senate Journal Page 3201 HB 238 HOUSE BILL NO. 238 BY REPRESENTATIVES KAPSNER, Smalley, entitled: An Act establishing a federal tax obligation loan program under the commercial fishing loan program. was read the first time and referred to the Resources Committee. HB 303 HOUSE BILL NO. 303 BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to the method of payment of fees and adoption of regulations under AS 21; relating to orders under AS 21 regarding risk based capital instructions; relating to accounting standards for insurance companies; amending the definitions of creditable coverage and late enrollees in AS 21.54; relating to requirements for small employer insurers; relating to requirements for issuance of new voting securities by an insurance company; requiring health care insurance coverage for reconstructive surgery following mastectomy; requiring guaranteed renewability of and certification of coverage regarding certain individual health insurance policies; and providing for an effective date. was read the first time and referred to the Labor and Commerce Committee. 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 1:27 p.m. 2000-04-17 Senate Journal Page 3202 After Recess The Senate reconvened at 1:33 p.m. Standing Committee Reports SB 207 The Rules Committee considered SENATE BILL NO. 207 An Act relating to the establishment and enforcement of medical support orders for children; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Leman, Ellis, Pearce, Miller. The bill is on todays calendar. Consideration of the Calendar Second Reading of Senate Bills SB 207 SENATE BILL NO. 207 An Act relating to the establishment and enforcement of medical support orders for children; and providing for an effective date was 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. SENATE BILL NO. 207 was read the third time. The question being: Shall SENATE BILL NO. 207 An Act relating to the establishment and enforcement of medical support orders for children; and providing for an effective date pass the Senate? The roll was taken with the following result: 2000-04-17 Senate Journal Page 3203 SB 207 SB 207 Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Adams, Donley, Ellis, Elton, Green, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Wilken Absent: Halford, Mackie, Ward and so, SENATE BILL NO. 207 passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Citations Honoring - David Glines, Promotion to Rank of Brigadier General, Alaska Army National Guard Commander, 207th Infantry Group (Scout) Senator(s) Phillips, Halford, Pearce, Taylor, Mackie, Pete Kelly, Tim Kelly, Green, Leman, Wilken, Hoffman, Donley, Lincoln, Adams, Elton, Parnell Representative(s) Mulder Honoring - Evelyn Alexander Senator(s) Lincoln, Pearce, Taylor, Mackie, Pete Kelly, Tim Kelly, Green, Leman, Wilken, Hoffman, Adams, Elton, Parnell, Halford, Ward Representative(s) Morgan Honoring - Evelyn Thomas Senator(s) Lincoln, Pearce, Taylor, Mackie, Pete Kelly, Tim Kelly, Green, Leman, Wilken, Hoffman, Adams, Elton, Parnell, Halford Representative(s) Morgan 2000-04-17 Senate Journal Page 3204 Honoring - Stephanie Marie Irwin Senator(s) Lincoln, Pearce, Taylor, Mackie, Pete Kelly, Tim Kelly, Green, Leman, Wilken, Hoffman, Adams, Elton, Parnell, Halford Representative(s) Morgan In Memoriam - Lilly Pitka Senator(s) Lincoln, Pearce, Taylor, Mackie, Pete Kelly, Tim Kelly, Green, Leman, Wilken, Hoffman, Adams, Elton, Parnell, Halford Representative(s) Morgan In Memoriam - Pearl Justine White Senator(s) Lincoln, Pearce, Taylor, Mackie, Pete Kelly, Tim Kelly, Green, Leman, Wilken, Hoffman, Adams, Elton, Parnell, Halford Representative(s) Harris In Memoriam - Charles M. Warbelow Senator(s) Lincoln, Pearce, Taylor, Mackie, Pete Kelly, Tim Kelly, Green, Leman, Wilken, Hoffman, Adams, Elton, Parnell, Halford Representative(s) Morgan 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. Unfinished Business HB 133 Senator Tim Kelly moved and asked unanimous consent that the 24- Hour Rule (Rule 23(d), Uniform Rules of the Alaska State Legislature) be waived on CS FOR HOUSE BILL NO. 133(FIN)(efd fld) An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas for the Community and Regional Affairs meeting on April 17. Without objection, it was so ordered. 2000-04-17 Senate Journal Page 3205 HB 361 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 361(FIN) An Act relating to charges for state services; requiring that fees levied by resource agencies for designated regulatory services be based on the actual and reasonable direct cost of providing the services, except in the case of certain negotiated or fixed fees; relating to negotiated and fixed fees of resource agencies; relating to invoices for designated regulatory services; establishing a petition process regarding fees charged by resource agencies for regulatory services; and providing for an effective date was not taken up this legislative day and the bill was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. Engrossment SB 207 SENATE BILL NO. 207 An Act relating to the establishment and enforcement of medical support orders for children; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 361 SENATE CS FOR CS FOR HOUSE BILL NO. 361(FIN) An Act relating to charges for state services; requiring that fees levied by resource agencies for designated regulatory services be based on the actual and reasonable direct cost of providing the services, except in the case of certain negotiated or fixed fees; relating to negotiated and fixed fees of resource agencies; relating to invoices for designated regulatory services; establishing a petition process regarding fees charged by resource agencies for regulatory services; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. 2000-04-17 Senate Journal Page 3206 Enrollment SB 78 SENATE BILL NO. 78 am H An Act relating to the use and prescription of pharmaceutical agents in the practice of optometry 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 8:05 a.m. April 17, 2000. SB 255 CS FOR SENATE BILL NO. 255(RES) An Act relating to best interest findings and land use permits, rights-of-way, and easements issued by the Department of Natural Resources; 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 8:05 a.m., April 17, 2000. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 18, 2000. Without objection, the Senate adjourned at 1:43 p.m. Heidi Vogel Secretary of the Senate April 2000 2000-04-17 Senate Journal Page 3207 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 Apr 17 Monday 5:00 PM -- Time Change -- = HB 133VOTER APPROVAL OF SERVICE AREA CHANGES Uniform Rule 23 Waived ---------------------------------------- FINANCE SENATE FINANCE 532 Apr 17 Monday 9:00 AM = HB 239UCC SECURED TRANSACTIONS + HB 325MEDICAL ASSISTANCE:LIENS & CLAIMS + HB 446PCE FUND/ SALE OF 4 DAM POOL/ENERGY FUND + HB 447PCE APPROPRIATION Bills Previously Heard/Scheduled Apr 17 Monday 6:00 PM += SB 310BONDS: UA, SCHOOLS, PORTS, HARBORS += HB 418PROGRAM RECEIPTS/ADMIN COST CHARGE += HB 105LICENSING SPEECH PATHOLOGY/AUDIOLOGY += HB 378WORKERS COMP AND WORKER SAFETY += HB 259PUBLIC DEFENDER CHILDRENS PROCEEDINGS += HB 239UCC SECURED TRANSACTIONS += HB 98PUB.ASSISTANCE:PROGRAMS/GRANTS/CONTRACTS Bills Previously Heard/Scheduled 2000-04-17 Senate Journal Page 3208 FINANCE Apr 18 Tuesday 9:00 AM + HB 331AK NATL GUARD/NAVAL MILITIA/DEFENSE FORCE + HB 337CLAIMS AGAINST PERM FUND DIVIDENDS + HB 37SMOKING CESSATION AND EDUCATION PROGRAMS + HCR 22LB&A STUDY OF FISCAL & REVENUE POLICIES Bills Previously Heard/Scheduled Apr 18 Tuesday 6:00 PM HB 58OIL & GAS AUDITS HB 116BOARD OF AGRICULTURE AND CONSERVATION HB 339CFAB LOANS FOR TOURISM & NAT RESOURCES HB 317STATE EMPLOYEE HIRE AND PROMOTION Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Apr 17 Monday 1:30 PM -- Meeting Postponed to 4/18 -- Bills Previously Heard/Scheduled Presentation: Food Coalition Apr 18 Tuesday 1:30 PM + HB 270PAYMENT OF SEXUAL ABUSE EXAMINATIONS += HB 253SCHOOL DISCIPLINARY AND SAFETY PROGRAM += HB 277RETIREMENT BENEFITS FOR REHIRED TEACHERS += HB 346SERVICES FOR DISABLED PERSONS Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY BELTZ 211 Apr 17 Monday 1:30 PM -- Bills Rescheduled to 4/18 -- + HB 296UNIFORM PARTNERSHIP ACT + HB 369PROPERTY EXEMPTIONS Bills Previously Heard/Scheduled 2000-04-17 Senate Journal Page 3209 JUDICIARY Apr 18 Tuesday 2:00 PM FAHRENKAMP 203 -- Time and Location Change -- += SB 199DISCLOSURE OF CRIMINAL HISTORY RECORDS += HB 292DISCLOSURE OF CRIMINAL HISTORY RECORDS -- Following Bills Rescheduled from 4/17 -- += HB 296UNIFORM PARTNERSHIP ACT += HB 369PROPERTY EXEMPTIONS Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE BELTZ 211 Apr 18 Tuesday 1:30 PM HB 121DENTAL CARE INSURANCE HB 303MISC. INSURANCE PROVISIONS = HB 422WORKERS COMPENSATION:DRUGS & ALCOHOL ---------------------------------------- RESOURCES BUTROVICH 205 Apr 17 Monday 3:00 PM += HB 304CLEAN WATER FUND/DRINKING WATER FUND + HB 432BOARD OF STORAGE TANK ASSISTANCE + HB 414OIL & GAS CONSERVATION COMMISSION + SB 308MARINE PASSENGER VESSELS + HB 206FISH AND GAME LICENSES & TAGS + HB 349FISH AND GAME/REFUGES/HABITAT & USE AREAS Bills Previously Heard/Scheduled Apr 18 Tuesday 3:00 PM += HB 414OIL & GAS CONSERVATION COMMISSION += HB 206FISH AND GAME LICENSES & TAGS += HB 349FISH AND GAME/REFUGES/HABITAT & USE AREAS Bills Previously Heard/Scheduled Apr 19 Wednesday 3:00 PM Bills Previously Heard/Scheduled Apr 21 Friday 3:00 PM Bills Previously Heard/Scheduled ---------------------------------------- 2000-04-17 Senate Journal Page 3210 RULES FAHRENKAMP 203 Apr 17 Monday 1:30 PM SB 207MEDICAL SUPPORT ORDERS FOR CHILDREN Apr 17 Monday 1:45 PM HB 163DIVISION OF ELECTIONS HB 218MUSEUM ACQUISITION OF UNCLAIMED PROPERTY HB 380INSURER TAX CREDIT:FIRE STANDRDS COUNCIL Apr 17 Monday 4:30 PM = SB 256PHYSICIAN NEGOTIATIONS WITH HEALTH INSURE Apr 18 Tuesday 4:30 PM = SB 256PHYSICIAN NEGOTIATIONS WITH HEALTH INSURE JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 225 FAHRENKAMP 203 Apr 18 Tuesday 4:30 PM = HB 225CAMPAIGN FINANCE AND LEGISLATIVE ETHICS ---------------------------------------- CONFERENCE COMMITTEE ON HB 312 & HB 313 SENATE FINANCE 532 Apr 17 Monday 4:00 PM -- Meeting Canceled -- = HB 312APPROPRIATIONS: OPERATING BUDGET = HB 313APPROPRIATIONS: MENTAL HEALTH Apr 18 Tuesday 4:00 PM = HB 312APPROPRIATIONS: OPERATING BUDGET = HB 313APPROPRIATIONS: MENTAL HEALTH Apr 19 Wednesday 4:00 PM = HB 312APPROPRIATIONS: OPERATING BUDGET = HB 313APPROPRIATIONS: MENTAL HEALTH Apr 20 Thursday 4:00 PM = HB 312APPROPRIATIONS: OPERATING BUDGET = HB 313APPROPRIATIONS: MENTAL HEALTH Apr 21 Friday 4:00 PM = HB 312APPROPRIATIONS: OPERATING BUDGET = HB 313APPROPRIATIONS: MENTAL HEALTH 2000-04-17 Senate Journal Page 3211 LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 Apr 19 Wednesday 12:00 PM OTHER MEETINGS MAJORITY CAUCUS BUTROVICH 205 Apr 17 Monday 2:00 PM