Legislature(1999 - 2000)
2000-04-28 Senate Journal
Full Journal pdf2000-04-28 Senate Journal Page 3565 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska One Hundred Tenth Day Pursuant to adjournment the Senate was called to order by President Pearce at 3:40 p.m. The roll showed seventeen members present. Senators Donley, Halford, Pete Kelly were absent. The prayer was offered by the Chaplain, Senator Parnell. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord God, we give You thanks for another new day to serve You and to serve Alaska. God, we pray that our time here would be fruitful and productive, that our minds would be focused on making decisions that are right and true in Your sight and in the sight of Alaskans. We pray for courage. We pray for discernment and wisdom in all that we do this day. In Jesus Name, Amen. Senator Mackie led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journal for the one hundred ninth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 3565 2000-04-28 Senate Journal Page 3566 Messages from the Governor HB 435 Message dated and received April 27 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 HOUSE BILL NO. 435(JUD) An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date. Chapter 21, SLA 2000 Effective Date: 4/28/00 HJR 48 Message dated and received April 27 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 48(RLS) Relating to the free flow of people and the fair trade of goods and services across the border between the United States and Canada. Legislative Resolve No. 40 SJR 38 Message dated and received April 27 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: SENATE JOINT RESOLUTION NO. 38 am H Expressing support for a cooperative United States- Canada feasibility study on extending the North American rail system through British Columbia and the Yukon Territory to Alaska. Legislative Resolve No. 41 2000-04-28 Senate Journal Page 3567 SCR 16 Message dated and received April 27 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 16 Relating to Avalanche Awareness Month. Legislative Resolve No. 42 Messages from the House Message dated April 27 was read, stating: The House of Representatives respectfully invites the Senate to a Joint Session of the Twenty-first Alaska Legislature at 1:30 p.m. on Sunday, April 30, to take up the matter of the confirmation of the Governors appointees. Senator Mackie moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. Without objection, it was so ordered. The Secretary was requested to notify the House. The presence of Senator Donley was noted. Communications The following report is on file in the Office of the Secretary of the Senate: Alaska Seafood Marketing Institute Fiscal Year 1999 Annual Report from Barbara Belknap, Executive Director in accordance with AS 16.51.100 2000-04-28 Senate Journal Page 3568 The following Budget and Audit Reports were received from Pat Davidson, Legislative Auditor, in accordance with AS 24.20.311 and are on file in the Office of the Secretary of the Senate: Department of Revenue, Alaska Housing Finance Corporation, Financial Analysis, February 23, 2000 Department of Health and Social Services, Division of Family and Youth Services Follow-up Review of Select Child Protection Services Operations, February 18, 2000 The presence of Senator Halford was noted. Standing Committee Reports SB 298 The Rules Committee considered SENATE BILL NO. 298 An Act relating to the compensation of certain public employees and officials not covered by collective bargaining agreements; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 298(RLS) An Act relating to the compensation and benefits only of certain public employees not covered by collective bargaining agreements and certain officials not covered by collective bargaining agreements; specifying that this Act may not be construed as legislative authorization to fund the monetary terms of a collective bargaining contract; limiting the effect of a fiscal note for this Act; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman. Signing under other recommendations: Senators Ellis, Pearce. 2000-04-28 Senate Journal Page 3569 SB 298 Forthcoming fiscal note (page 3547) for the Finance Committee Substitute for SENATE BILL NO. 298 An Act relating to the compensation of certain public employees and officials not covered by collective bargaining agreements; and providing for an effective date published today from Office of the Governor. Fiscal note applies to the Rules Committee Substitute. The bill is on todays calendar. HB 159 The Rules 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 and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 159(RLS) Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. Previous House zero fiscal note. The bill is on a first supplemental calendar. HB 230 The Rules Committee considered CS FOR HOUSE BILL NO. 230(FIN) An Act permitting certain dispatchers in police or fire departments or for the state troopers to convert their credited service under the public employees retirement system to credited service as peace officers; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. The bill is on a first supplemental calendar. 2000-04-28 Senate Journal Page 3570 Special Committee Reports HB 253 April 28, 2000 Madam President: The Conference Committee considering CS FOR HOUSE BILL NO. 253(JUD) An Act relating to a school disciplinary and safety program; and providing for an effective date and SENATE CS FOR CS FOR HOUSE BILL NO. 253(HES) am S requests limited powers of free conference on the following specific point: Section 2 The conference committee is scheduled to meet April 29 at 11:00 a.m. in the House Health, Education and Social Services Committee Room. Cordially, /s/ Senator Mike Miller Chair President Pearce granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. 2000-04-28 Senate Journal Page 3571 HB 312 The following report was received and distributed at 9:50 a.m., April 28, 2000. April 27, 2000 Madam President: Mr. Speaker: The CONFERENCE COMMITTEE with limited powers of free conference considered CS FOR HOUSE BILL NO. 312(FIN) am(brf sup maj fld)(efd fld) An Act making and amending appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds and SENATE CS FOR CS FOR HOUSE BILL NO. 312(FIN) An Act making and amending appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date and recommends CONFERENCE CS FOR HOUSE BILL NO. 312 An Act making and amending appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. be adopted. Signing the report: Senator Parnell, Chair, Senators Torgerson, Adams; Representative Mulder, Chair, Representatives Therriault, Davies. The report was held on the Secretarys desk. 2000-04-28 Senate Journal Page 3572 HB 313 The following report was received and distributed at 9:50 a.m., April 28, 2000. April 27, 2000 Madam President: Mr. Speaker: The CONFERENCE COMMITTEE with limited powers of free conference considered CS FOR HOUSE BILL NO. 313(FIN) am An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date and SENATE CS FOR CS FOR HOUSE BILL NO. 313(FIN) and recommends CONFERENCE CS FOR HOUSE BILL NO. 313 An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date. be adopted. Signing the report: Senator Parnell, Chair, Senators Torgerson, Adams; Representative Mulder, Chair, Representatives Therriault, Davies. The report was held on the Secretarys desk. 2000-04-28 Senate Journal Page 3573 Consideration of the Calendar Second Reading of Senate Bills SB 298 SENATE BILL NO. 298 An Act relating to the compensation of certain public employees and officials not covered by collective bargaining agreements; and providing for an effective date was read the second time. Senator Tim Kelly, Chair, moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 3568. Without objection, CS FOR SENATE BILL NO. 298(RLS) An Act relating to the compensation and benefits only of certain public employees not covered by collective bargaining agreements and certain officials not covered by collective bargaining agreements; specifying that this Act may not be construed as legislative authorization to fund the monetary terms of a collective bargaining contract; limiting the effect of a fiscal note for this Act; and providing for an effective date was adopted and read the second time. Senator Mackie moved and asked unanimous consent that CS FOR SENATE BILL NO. 298(RLS) be held in second reading to the April 29 calendar. Without objection, it was so ordered. The presence of Senator Pete Kelly was noted. Citations In Memoriam - John H. Savo Representative(s) Moses Senator(s) Hoffman, Leman, Lincoln, Wilken, Elton, Adams, Pearce, Green, Mackie, Pete Kelly, Tim Kelly, Taylor, Parnell, Halford 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. 2000-04-28 Senate Journal Page 3574 Senator Mackie moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Father Francis McGuigan Representative(s) Whitaker Senator(s) Pete Kelly, Green, Tim Kelly, Mackie, Pearce, Taylor, Wilken, Miller, Elton, Adams, Parnell, Lincoln, Leman, Donley, Halford 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. Senator Mackie moved and asked unanimous consent that the Senate adopt the first supplemental calendar. Without objection, it was so ordered. Consideration of the First Supplemental Calendar Second Reading of House Bills HB 159 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 was read the second time. Senator Tim Kelly, Chair, moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 3569. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 159(RLS) was adopted and read the second time. 2000-04-28 Senate Journal Page 3575 HB 159 Senator Tim Kelly offered Amendment No. 1 : Page 1, line 14: Delete correctional officer Insert probation officer, correctional officer, assistant correctional superintendent, Senator Tim Kelly moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. 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. SENATE CS FOR CS FOR HOUSE BILL NO. 159(RLS) am S was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 159(RLS) am S 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 pass the Senate? The roll was taken with the following result: SCS CSHB 159(RLS) am S 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 CS FOR CS FOR HOUSE BILL NO. 159(RLS) am S passed the Senate. Senator Mackie gave notice of reconsideration. 2000-04-28 Senate Journal Page 3576 HB 230 CS FOR HOUSE BILL NO. 230(FIN) An Act permitting certain dispatchers in police or fire departments or for the state troopers to convert their credited service under the public employees retirement system to credited service as peace officers; and providing for an effective date was read the second time. Senator Mackie, Chair, moved and asked unanimous consent for the adoption of the Labor and Commerce Senate Committee Substitute offered on page 2692. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 230(L&C) was adopted and 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. SENATE CS FOR CS FOR HOUSE BILL NO. 230(L&C) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 230(L&C) An Act permitting certain dispatchers in police or fire departments or for the state troopers to convert their credited service under the public employees retirement system to credited service as peace officers; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 230(L&C) 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, SENATE CS FOR CS FOR HOUSE BILL NO. 230(L&C) passed the Senate. 2000-04-28 Senate Journal Page 3577 HB 230 Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Mackie gave notice of reconsideration. Unfinished Business Senator Halford moved and asked unanimous consent that he be excused from a call of the Senate on April 29. Without objection, Senator Halford was excused. Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate from April 29 through morning, April 30. Without objection, Senator Lincoln was excused. HB 368 Senator Taylor, Chair, moved and asked unanimous consent that the twenty-four hour notice and publication requirements be waived on CS FOR HOUSE BILL NO. 368(JUD) am An Act relating to release of persons before trial and before sentencing or service of sentence; relating to when service of sentence shall begin; relating to custodians of persons released, to security posted on behalf of persons released, and to the offense of violation of conditions of release; and amending Rule 41(f), Alaska Rules of Criminal Procedure for the Judiciary Committee meeting on April 29. Without objection, it was so ordered. 2000-04-28 Senate Journal Page 3578 HB 98 Senator Mackie moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 98(FIN) am S An Act relating to contracts for the provision of state public assistance to certain recipients in the state; providing for regional public assistance plans and programs in the state; relating to grants for Alaska Native family assistance programs; relating to assignment of child support by Alaska Native family assistance recipients; to paternity determinations and genetic testing involving recipients of assistance under Alaska Native family assistance programs; and providing for an effective date be held on reconsideration to April 29. Without objection, it was so ordered. HB 108 Senator Mackie moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 108(FIN) An Act relating to the use, operation, and regulation of boats; establishing a uniform state waterway marking system; and providing for an effective date be held on reconsideration to April 29. Without objection, it was so ordered. HB 191 Senator Mackie moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 191(FIN) am S An Act relating to charter schools be held on reconsideration to April 29. Without objection, it was so ordered. HB 211 Senator Mackie moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 211(FIN) An Act relating to regulation of managed care insurance plans; amending Rule 602, Alaska Rules of Appellate Procedure; and providing for an effective date be held on reconsideration to April 29. Without objection, it was so ordered. 2000-04-28 Senate Journal Page 3579 HB 259 Senator Mackie moved and asked unanimous consent that 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 be held on reconsideration to April 29. Without objection, it was so ordered. HB 291 Senator Mackie moved and asked unanimous consent that CS FOR HOUSE BILL NO. 291(STA) An Act relating to the giving of certain state agency notices be held on reconsideration to April 29. Without objection, it was so ordered. HB 296 Senator Mackie moved and asked unanimous consent that CS FOR HOUSE BILL NO. 296(L&C) An Act relating to partnerships; amending Rule 25(c), Alaska Rules of Civil Procedure; and providing for an effective date be held on reconsideration to April 29. Without objection, it was so ordered. HB 317 Senator Mackie moved and asked unanimous consent that CS FOR HOUSE BILL NO. 317(STA) An Act relating to recruitment, selection, appointment, promotion, and nonretention of state employees and to the duties of the Department of Administration concerning those and other related functions; and providing for an effective date be held on reconsideration to April 29. Without objection, it was so ordered. 2000-04-28 Senate Journal Page 3580 HB 320 Senator Mackie moved and asked unanimous consent that CS FOR HOUSE BILL NO. 320(FIN) am An Act approving the application for and acceptance of a grant of certain federal land by the Alaska Railroad Corporation; approving the conveyance of the entire interest in land appurtenant to the Whittier DeLong Dock by the Alaska Railroad Corporation; relating to use and disposition of the Whittier DeLong Dock and associated land; prohibiting the Alaska Railroad Corporation and the City of Whittier from granting any special right, privilege, or preference to a third party to provide management services for the DeLong Dock; providing that contracts for management of the DeLong Dock by a third party shall be awarded only under competitive procurement procedures established by the Alaska Railroad Corporation and the City of Whittier; and providing for an effective date be held on reconsideration to April 29. Without objection, it was so ordered. HB 339 Senator Mackie moved and asked unanimous consent that CS FOR HOUSE BILL NO. 339(FIN) An Act authorizing the Alaska Commercial Fishing and Agriculture Bank to make loans relating to tourism and development or exploitation of natural resources be held on reconsideration to April 29. Without objection, it was so ordered. HB 372 Senator Mackie moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 372(JUD) am S An Act relating to criminal sentencing and restitution be held on reconsideration to April 29. Without objection, it was so ordered. 2000-04-28 Senate Journal Page 3581 HB 432 Senator Mackie moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 432(FIN) An Act extending the termination date of the Board of Storage Tank Assistance; expanding the authority of the board to issue recommendations concerning cleanup decisions; relating to the eligibility of certain nonprofit entities for financial assistance under the tank cleanup grant program and the tank upgrading and closure program; and providing for an effective date be held on reconsideration to April 29. Without objection, it was so ordered. HB 445 Senator Mackie moved and asked unanimous consent that CS FOR HOUSE BILL NO. 445(RLS) am An Act relating to a rural school construction and planned maintenance pilot program; and providing for an effective date be held on reconsideration to April 29. Without objection, it was so ordered. HB 446 Senator Mackie moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 446(FIN) An Act establishing and relating to the power cost equalization endowment fund; relating to the power cost equalization and rural electric capitalization fund; relating to the Railbelt energy fund; authorizing and relating to the sale of the four dam pool hydroelectric project; establishing and relating to joint action agencies created to purchase power projects; and providing for an effective date be held on reconsideration to April 29. Without objection, it was so ordered. HB 447 Senator Mackie moved and asked unanimous consent that CS FOR HOUSE BILL NO. 447(FIN) am(brf sup maj fld S) An Act making appropriations relating to power cost equalization and the sale of the four dam pool hydroelectric project and to capitalize funds; and providing for an effective date be held on reconsideration to April 29. Without objection, it was so ordered. 2000-04-28 Senate Journal Page 3582 Announcements Announcements are at the end of the journal. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 12:00 p.m., April 29, 2000. Without objection, the Senate adjourned at 4:05 p.m. Heidi Vogel Secretary of the Senate April 2000 2000-04-28 Senate Journal Page 3583 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.