Legislature(1999 - 2000)

2000-05-03 Senate Journal

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2000-05-03                     Senate Journal                      Page 3705
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                   TWENTY-FIRST LEGISLATURE - SECOND SESSION                   
                                                                               
Juneau, Alaska                                                                 
                                                                               
                           One Hundred Fifteenth Day                           
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 5:29 p.m.                                                            
                                                                               
The roll showed nineteen members present. Senator Miller was                   
excused from a call of the Senate.                                             
                                                                               
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.                                  
                                                                               
Father God, we approach You with a thankful heart.                            
We thank You for some big things: the majesty and                              
beauty of Your creation, for a country and a state                             
where freedom and opportunity abound, and we                                   
thank You for those precious small things like the                             
feel of a childs hand pressed into ours or like the                            
wisdom of an elder. We ask that You would give us                              
thankful hearts as we conclude this 115th day of our                           
legislative session. We pray for wisdom and                                    
discernment and we ask that You be among us.                                   
                                               Amen.                           
                                                                               
Senator Leman led the Senate in the Pledge of Allegiance.                      
                                                                               
                                                                               
                                Certification                                
                                                                               
Senator Mackie moved and asked unanimous consent that the journal              
for the one hundred fourteenth legislative day be approved as                  
certified by the Secretary. Without objection, it was so ordered.              
                                                                               
                                                                               
3705                                                                           

2000-05-03                     Senate Journal                      Page 3706
                          Messages from the Governor                         
                                                                               
Executive Proclamation                                                       
                                                                               
Under the authority of art. II, sec. 9, and art. III, sec. 17, of the          
Alaska Constitution, and in the public interest, I call the Twenty-First       
Legislature of the State of Alaska into its third special session at           
Juneau, Alaska, in the legislative chambers on May 4, 2000, at 4:00            
p.m., to consider the following subjects:                                      
                                                                              
(1)  laws appropriating or financing the monetary terms of the                
following collective bargaining agreements for the employees of                
agencies within principal departments of the executive branch of               
state government:                                                              
                                                                               
		(A)	Alaska Public Employees Association, for the 		                          
				Supervisory Unit;                                                          
		(B)	Alaska State Employees Association, for the General                      
				Government Unit;                                                           
(C)	Alaska Vocational Technical Center Teachers                            
Association representing teachers at the Alaska                                
Vocational Technical Center;                                                   
(D)	Alyeska Correspondence School Education Association,                   
representing teachers at the Alyeska Central School;                           
		(E)	Confidential Employees Association, for the Confidential                 
				Unit;                                                                      
		(F)	Inlandboatmen's Union of the Pacific, representing the                   
				unlicensed marine unit;                                                    
	(G)	International Organization of Masters, Mates, and Pilots,                
			for the Masters, Mates and Pilots Unit;                                     
(H)	Marine Engineers Beneficial Association, representing                  
licensed engineers employed by the Alaska marine                               
highway system;                                                                
		(I)	Public Employees Local 71, for the Labor, Trades and                     
				Crafts Unit;                                                               
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3707
		(J)	Public Safety Employees Association, for the 		                          
				Correctional Officers Unit;                                                
(K)	Public Safety Employees Association, representing state                
troopers and other commissioned law enforcement                                
personnel;                                                                     
(L)	Teachers' Education Association of Mount Edgecumbe,                    
representing teachers of the Mount Edgecumbe High                              
School; and                                                                    
		                                                                             
(2)  laws appropriating or financing the monetary terms of the                
following collective bargaining agreements for employees of the                
University of Alaska:                                                          
                                                                               
		(A)	University of Alaska Classified Employees Association;                   
		(B)	Alaska Community Colleges' Federation of Teachers;                       
		(C)	United Academics;                                                        
		(D)	United AcademicsAdjuncts; and                                            
                                                                               
  (3)  laws to authorize and appropriate or  finance salary and               
benefit adjustments for officials, officers, and employees of the              
judicial, legislative, and executive branches of state                         
government, including the University of Alaska, who are not                    
members of a collective bargaining unit.                                       
                                                                               
  Dated at Juneau, Alaska this 3rd day of May, 2000.                           
                                                                               
										/s/                                                                  
										Tony Knowles, Governor                                               
                                                                               
                                                                               
                           Messages from the House                           
                                                                               
HB 230                                                                       
Message dated May 2 was read, stating the House concurred in the               
Senate amendment to CS FOR HOUSE BILL NO. 230(FIN), thus                       
adopting:                                                                      
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3708
HB 230                                                                       
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.                           
                                                                               
HB 372                                                                       
Message dated May 2 was read, stating the House concurred in the               
Senate amendments to CS FOR HOUSE BILL NO. 372(FIN), thus                      
adopting:                                                                      
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
372(JUD) am S An Act relating to criminal                                      
sentencing and restitution.                                                    
                                                                               
HB 419                                                                       
Message dated May 2 was read, stating the House concurred in the               
Senate amendments to CS FOR HOUSE BILL NO. 419(RLS), thus                      
adopting:                                                                      
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 419(FIN) am S An                           
Act relating to the weekly rate of compensation and minimum and                
maximum compensation rates for workers compensation; specifying                
components of a workers compensation reemployment plan;                        
adjusting workers compensation benefits for permanent partial                  
impairment, for reemployment plans, for rehabilitation benefits, for           
widows, widowers, and orphans, and for funerals; relating to                   
permanent total disability of an employee receiving rehabilitation             
benefits; relating to calculation of gross weekly earnings for workers         
compensation benefits for seasonal and temporary workers and for               
workers with overtime or premium pay; setting time limits for                  
requesting a hearing on claims for workers compensation, for                   
selecting a rehabilitation specialist, and for payment of medical bills;       
relating to termination and to waiver of rehabilitation benefits,              
obtaining medical releases, and resolving discovery disputes relating          
to workers compensation; setting an interest rate for late payments            
of workers compensation; providing for updating the workers                    
compensation medical fee schedule; and providing for an effective              
date.                                                                          

2000-05-03                     Senate Journal                      Page 3709
HB 432                                                                       
Message dated May 2 was read, stating the House concurred in the               
Senate amendment to CS FOR HOUSE BILL NO. 432(FIN), thus                       
adopting:                                                                      
                                                                               
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.                                                                
                                                                               
HB 446                                                                       
Message dated May 3 was read, stating the House concurred in the               
Senate amendments to CS FOR HOUSE BILL NO. 446(FIN) am                         
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 thus adopting:                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
446(FIN) am S An Act relating to utility ownership                             
and funding; relating to sales, leases, and dispositions                       
of certain telephone cooperative property; 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.                           
(Title change authorized by SCR 22)                                           
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3710
HB 253                                                                       
Message dated May 2 was read, stating the House has adopted the                
report of the Conference Committee with limited powers of free                 
conference considering SENATE CS FOR CS FOR HOUSE BILL                         
NO. 253(HES) am S and CS FOR HOUSE BILL NO. 253(JUD),                          
thus adopting:                                                                 
                                                                               
CONFERENCE CS FOR HOUSE BILL NO. 253 An                                       
Act relating to a school disciplinary and safety                               
program; and providing for an effective date.                                  
                                                                               
The Senate adopted CONFERENCE CS FOR SENATE BILL NO.                           
253 on April 29 (page 3600).                                                   
                                                                               
HB 312                                                                       
Message dated May 2 was read, stating the House has adopted the                
report of the Conference Committee with limited powers of free                 
conference considering SENATE CS FOR CS FOR HOUSE BILL                         
NO. 312(FIN) and CS FOR HOUSE BILL NO. 312(FIN) am (brf                        
sup maj fld) (efd fld), thus adopting:                                         
                                                                               
CONFERENCE CS FOR HOUSE BILL NO. 312(brf                                      
sup maj fld H) An Act making and amending                                      
appropriations for the operating and loan program                              
expenses of state government, for certain programs,                            
and to capitalize funds; and providing for an effective                        
date.                                                                          
                                                                               
The Senate adopted CONFERENCE CS FOR SENATE BILL NO.                           
312 on May 2 (page 3695).                                                      
                                                                               
HB 313                                                                       
Message dated May 2 was read, stating the House has adopted the                
report of the Conference Committee with limited powers of free                 
conference considering SENATE CS FOR CS FOR HOUSE BILL                         
NO. 313(FIN) and CS FOR HOUSE BILL NO. 313(FIN) am, thus                       
adopting:                                                                      
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3711
HB 313                                                                       
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.                                                         
                                                                               
The Senate adopted CONFERENCE CS FOR SENATE BILL NO.                           
313 on May 2 (page 3697).                                                      
Messages dated April 29 and May 2 were read, stating the House                 
passed and transmitted for consideration:                                      
                                                                               
                                                                               
                        First Reading and Reference of                        
                               House Resolutions                              
                                                                               
                                                                               
HCR 28                                                                       
HOUSE CONCURRENT RESOLUTION NO. 28 BY THE HOUSE                                
FINANCE COMMITTEE,                                                             
                                                                               
Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform                         
Rules of the Alaska State Legislature, concerning                              
Senate Bill No. 273, regarding oil discharge                                   
prevention, and relating to contingency plans and                              
proof of financial responsibility for all self- propelled                      
nontank vessels exceeding 400 gross registered                                 
tonnage and for railroad tank cars; authorizing                                
inspection of nontank vessels and trains; and providing                        
for an effective date.                                                         
                                                                               
was read the first time and held on the Secretarys Desk.                       
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3712
HCR 29                                                                       
HOUSE CONCURRENT RESOLUTION NO. 29 BY THE HOUSE                                
RULES COMMITTEE BY REQUEST OF THE HOUSE SPECIAL                                
COMMITTEE ON MILITARY AND VETERANS AFFAIRS,                                    
                                                                               
Opposing any prohibition against having election                              
voting sites at military installations.                                        
                                                                               
was read the first time.                                                       
                                                                               
Senator Mackie moved that the Senate adopt HOUSE                               
CONCURRENT RESOLUTION NO. 29.                                                  
                                                                               
The question being: Shall HOUSE CONCURRENT RESOLUTION                          
NO. 29 Opposing any prohibition against having election voting sites           
at military installations, pass the Senate? The roll was taken with            
the following result:                                                          
                                                                               
HCR 29                                                                         
Final Passage                                                                  
                                                                               
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:   Adams,  Donley,  Ellis,  Elton,  Green,  Halford,  Hoffman,            
Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Parnell, Pearce,                
Phillips, Taylor, Torgerson, Ward, Wilken                                      
                                                                               
Excused:  Miller                                                               
                                                                               
and so, HOUSE CONCURRENT RESOLUTION NO. 29 passed the                          
Senate, was signed by the President and Secretary and returned to              
the House.                                                                     
Message dated April 30 was read, stating the House passed and                  
transmitted for consideration:                                                 
                                                                               
                  First Reading and Reference of House Bills                 
                                                                               
HB 52                                                                        
CS FOR HOUSE BILL NO. 52(FIN) am(efd fld) BY THE HOUSE                         
FINANCE COMMITTEE, entitled:                                                   
                                                                               

2000-05-03                     Senate Journal                      Page 3713
HB 52                                                                        
An Act making appropriations for salary and benefit                           
adjustments and to fund certain collective bargaining                          
agreements.                                                                    
                                                                               
was read the first time and referred to the Community and Regional             
Affairs Committee.                                                             
                                                                               
SB 312                                                                       
Message dated May 2 was read, stating the House passed and                     
returned for consideration SENATE BILL NO. 312 am with the                     
following amendments:                                                          
                                                                               
HOUSE CS FOR SENATE BILL NO. 312(FIN) am                                      
H An Act relating to the special subaccount in the                             
budget reserve fund; and providing for an effective                            
date.                                                                          
                                                                               
Senator Mackie moved that the Senate concur in the House                       
amendments.                                                                    
                                                                               
The question being: Shall the Senate concur in the House                       
amendments? The roll was taken with the following result:                      
                                                                               
HCS SB 312(FIN) am H                                                           
Shall the Senate concur with House amendments to                               
SB 312 am?  Effective Date                                                     
                                                                               
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Ellis, Elton, Green, Hoffman, Kelly Pete, Kelly Tim,             
Leman, Lincoln, Mackie, Parnell, Pearce, Taylor, Torgerson, Wilken             
                                                                               
Nays:  Donley, Halford, Phillips, Ward                                         
                                                                               
Excused:  Miller                                                               
                                                                               
and so, the Senate concurred in the House amendments, thus                     
adopting HOUSE CS FOR SENATE BILL NO. 312(FIN) am H An                         
Act relating to the special subaccount in the budget reserve fund;             
and providing for an effective date.                                           
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3714
SB 312                                                                       
Senator Mackie moved and asked unanimous consent that the vote                 
on concurrence be considered the vote on the effective date clause.            
Without objection, it was so ordered.                                          
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
                                                                               
                          Standing Committee Reports                         
                                                                               
HB 18                                                                        
The Rules Committee considered CS FOR HOUSE BILL NO.                           
18(FIN) An Act making a special appropriation in an amount not                 
to exceed $250,000,000 from the earnings reserve account to the                
principal of the permanent fund; and providing for an effective date.          
Signing to calendar: Senator Tim Kelly, Chair, Senators Miller,                
Leman, Pearce. Signing under other recommendations: Senator Ellis.             
                                                                               
The bill is on todays calendar.                                                
                                                                               
                                                                               
                          Special Committee Reports                          
                                                                               
SB 4                                                                         
The following report was received and distributed on May 3:                    
                                                                               
																May 3, 2000                                                    
                                                                               
Madam President:                                                               
Mr. Speaker:                                                                   
                                                                               
The CONFERENCE COMMITTEE with limited powers of free                           
conference considered CS FOR SENATE BILL NO. 4(FIN) and                        
HOUSE CS FOR CS FOR SENATE BILL NO. 4(FIN) and                                 
recommends                                                                     
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3715
SB 4                                                                         
CONFERENCE CS FOR SENATE BILL NO. 4 An                                        
Act relating to victims rights; relating to establishing                       
an office of victims rights; relating to compensation                          
of victims of violent crimes; relating to eligibility for                      
a permanent fund dividend for persons convicted of                             
and incarcerated for certain offenses; relating to notice                      
of appropriations concerning victims rights; amending                          
Rule 16, Alaska Rules of Criminal Procedure, Rule 9,                           
Alaska Delinquency Rules, and Rule 501, Alaska                                 
Rules of Evidence; and providing for an effective                              
date.                                                                          
                                                                               
transmitted with a Letter of Intent, be adopted.                               
                                                                               
Previous House fiscal, indeterminate and zero fiscal notes.                    
                                                                               
Signing the report: Senator Halford, Chair, Senator Lincoln;                   
Representative Green, Chair, Representatives Murkowski, Berkowitz.             
                                                                               
Senator Mackie moved and asked unanimous consent that the Letter               
of Intent be adopted. Without objection, it was so ordered.                    
                                                                               
Senator Mackie moved that the Senate adopt the Conference                      
Committee Report on CONFERENCE CS FOR SENATE BILL NO.                          
4.                                                                             
                                                                               
The question being: Shall the Senate adopt the Conference                      
Committee Report on CONFERENCE CS FOR SENATE BILL NO.                          
4 An Act relating to victims rights; relating to establishing an               
office of victims rights; relating to compensation of victims of               
violent crimes; relating to eligibility for a permanent fund dividend          
for persons convicted of and incarcerated for certain offenses;                
relating to notice of appropriations concerning victims rights;                
amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9,                  
Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence;              
and providing for an effective date? The roll was taken with the               
following result:                                                              
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3716
SB 4                                                                         
                                                                               
CCS SB 4                                                                       
Adopt Conference Committee Report?                                             
Effective Dates - Court Rule Changes                                           
                                                                               
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:   Adams,  Donley,  Ellis,  Elton,  Green,  Halford,  Hoffman,            
Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Parnell, Pearce,                
Phillips, Taylor, Torgerson, Ward, Wilken                                      
                                                                               
Excused:  Miller                                                               
                                                                               
and so, the report was adopted.                                                
                                                                               
Senator Mackie moved and asked unanimous consent that the vote                 
on the adoption of the report be considered the vote on the effective          
date clauses. Without objection, it was so ordered.                            
                                                                               
Senator Mackie moved and asked unanimous consent that the vote                 
on the adoption of the report be considered the vote on the court              
rule changes. Without objection, it was so ordered.                            
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
The bill, with the Legislative Letter of Intent, was referred to the           
Secretary for engrossment and enrollment.                                      
                                                                               
SB 248                                                                       
The following report was received and distributed on May 3:                    
                                                                               
																May 3, 2000                                                    
                                                                               
Madam President:                                                               
Mr. Speaker:                                                                   
                                                                               
The CONFERENCE COMMITTEE with limited powers of free                           
conference, considered CS FOR SENATE BILL NO. 248(FIN) am                      
and HOUSE CS FOR CS FOR SENATE BILL NO. 248(FIN) and                           
recommends                                                                     
                                                                               

2000-05-03                     Senate Journal                      Page 3717
SB 248                                                                       
CONFERENCE CS FOR SENATE BILL NO. 248                                         
An Act relating to the financing authority, payment                            
in lieu of tax agreements, and tax exemption for assets                        
and projects of the Alaska Industrial Development and                          
Export Authority; relating to renaming and                                     
contingently repealing the rural development initiative                        
fund within the Department of Community and                                    
Economic Development, and establishing the rural                               
development initiative fund within the Alaska                                  
Industrial Development and Export Authority; and                               
providing for an effective date.                                               
                                                                               
be adopted.                                                                    
                                                                               
Previous Senate zero fiscal note.                                              
                                                                               
Signing the report: Senator Halford, Chair, Senator Adams;                     
Representative Phillips, Chair, Representatives Barnes, Joule.                 
                                                                               
Senator Mackie moved that the Senate adopt the Conference                      
Committee Report on CONFERENCE CS FOR SENATE BILL NO.                          
248.                                                                           
                                                                               
Senator Wilken moved and asked unanimous consent that he be                    
allowed to abstain from voting because of a conflict of interest.              
Objections were heard and Senator Wilken was required to vote.                 
                                                                               
The question being: Shall the Senate adopt the Conference                      
Committee Report on CONFERENCE CS FOR SENATE BILL NO.                          
248 An Act relating to the financing authority, payment in lieu of             
tax agreements, and tax exemption for assets and projects of the               
Alaska Industrial Development and Export Authority; relating to                
renaming and contingently repealing the rural development initiative           
fund within the Department of Community and Economic                           
Development, and establishing the rural development initiative fund            
within the Alaska Industrial Development and Export Authority; and             
providing for an effective date? The roll was taken with the                   
following result:                                                              
                                                                               

2000-05-03                     Senate Journal                      Page 3718
SB 248                                                                       
                                                                               
CCS SB 248                                                                     
Adopt Conference Committee Report?                                             
Effective Dates                                                                
                                                                               
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:   Adams,  Donley,  Ellis,  Elton,  Green,  Halford,  Hoffman,            
Kelly Pete, Leman, Lincoln, Mackie, Parnell, Pearce, Phillips, Taylor,         
Torgerson, Ward                                                                
                                                                               
Nays:  Kelly Tim, Wilken                                                       
                                                                               
Excused:  Miller                                                               
                                                                               
and so, the report was adopted.                                                
                                                                               
Senator Mackie moved and asked unanimous consent that the vote                 
on the adoption of the report be considered the vote on the effective          
date clauses. Without objection, it was so ordered.                            
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
The bill was referred to the Secretary for engrossment and                     
enrollment.                                                                    
Senator Mackie moved and asked unanimous consent that the Senate               
return to messages from the House. Without objection, the Senate               
returned to:                                                                   
                                                                               
                           Messages from the House                           
                                                                               
SB 273                                                                       
Message dated May 3 was read, stating the House passed and                     
returned for consideration CS FOR SENATE BILL NO.                              
273(RLS)(title am) An Act regarding oil discharge prevention, and              
relating to contingency plans and proof of financial responsibility for        
all self-propelled nontank vessels exceeding 400 gross registered              
tonnage and for railroad tank cars; authorizing inspection of nontank          
vessels and trains; and providing for an effective date with the               
following amendment:                                                           

2000-05-03                     Senate Journal                      Page 3719
SB 273                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO.                                           
273(WTR) An Act regarding oil discharge prevention,                            
and relating to contingency plans and proof of                                 
financial responsibility for all self-propelled nontank                        
vessels exceeding 400 gross registered tonnage and for                         
railroad tank cars; and providing for an effective                             
date.                                                                          
(Title change authorized by HCR 28)                                           
                                                                               
HCR 28                                                                       
HOUSE CONCURRENT RESOLUTION NO. 28 Suspending Rules                            
24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State                 
Legislature, concerning Senate Bill No. 273, regarding oil discharge           
prevention, and relating to contingency plans and proof of financial           
responsibility for all self- propelled nontank vessels exceeding 400           
gross registered tonnage and for railroad tank cars; authorizing               
inspection of nontank vessels and trains; and providing for an                 
effective date, which had been held on the Secretarys Desk (page               
3712) was before the Senate.                                                   
                                                                               
Senator Mackie moved that the Senate adopt HOUSE                               
CONCURRENT RESOLUTION NO. 28.                                                  
                                                                               
The question being: Shall HOUSE CONCURRENT RESOLUTION                          
NO. 28 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules             
of the Alaska State Legislature, concerning Senate Bill No. 273,               
regarding oil discharge prevention, and relating to contingency plans          
and proof of financial responsibility for all self- propelled nontank          
vessels exceeding 400 gross registered tonnage and for railroad tank           
cars; authorizing inspection of nontank vessels and trains; and                
providing for an effective date, pass the Senate? The roll was taken           
with the following result:                                                     
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3720
HCR 28                                                                       
                                                                               
HCR 28                                                                         
Final Passage                                                                  
                                                                               
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:   Adams,  Donley,  Ellis,  Elton,  Green,  Halford,  Hoffman,            
Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Parnell, Pearce,                
Phillips, Taylor, Torgerson, Ward, Wilken                                      
                                                                               
Excused:  Miller                                                               
                                                                               
and so, HOUSE CONCURRENT RESOLUTION NO. 28 passed the                          
Senate, was signed by the President and Secretary and returned to              
the House.                                                                     
                                                                               
SB 273                                                                       
Senator Mackie moved that the Senate concur in the House                       
amendment to CS FOR SENATE BILL NO. 273(RLS) (title am)                        
An Act regarding oil discharge prevention, and relating to                     
contingency plans and proof of financial responsibility for all self-          
propelled nontank vessels exceeding 400 gross registered tonnage and           
for railroad tank cars; authorizing inspection of nontank vessels and          
trains; and providing for an effective date.                                   
                                                                               
The question being: Shall the Senate concur in the House                       
amendment? The roll was taken with the following result:                       
                                                                               
HCS CSSB 273(WTR)                                                              
Shall the Senate concur in the House amendment to                              
CSSB 273(RLS)(title am)?  Effective Date                                       
                                                                               
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:   Adams,  Donley,  Ellis,  Elton,  Green,  Halford,  Hoffman,            
Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Parnell, Phillips,              
Torgerson, Ward, Wilken                                                        
                                                                               
Nays:  Pearce, Taylor                                                          
                                                                               
Excused:  Miller                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3721
SB 273                                                                       
and so, the Senate concurred in the House amendment, thus adopting             
HOUSE CS FOR CS FOR SENATE BILL NO. 273(WTR) An Act                            
regarding oil discharge prevention, and relating to contingency plans          
and proof of financial responsibility for all self-propelled nontank           
vessels exceeding 400 gross registered tonnage and for railroad tank           
cars; and providing for an effective date.                                     
                                                                               
Senator Mackie moved and asked unanimous consent that the vote                 
on concurrence be considered the vote on the effective date clause.            
Without objection, it was so ordered.                                          
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
                                                                               
                        Consideration of the Calendar                        
                                                                               
                        Second Reading of House Bills                        
                                                                               
                                                                               
HB 18                                                                        
CS FOR HOUSE BILL NO. 18(FIN) An Act making a special                          
appropriation in an amount not to exceed $250,000,000 from the                 
earnings reserve account to the principal of the permanent fund; 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.                                                  
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3722
HB 18                                                                        
CS FOR HOUSE BILL NO. 18(FIN) was read the third time.                         
                                                                               
Senators Phillips, Taylor, Green, Mackie, Leman moved and asked                
unanimous consent that they be shown as cross sponsors on the bill.            
Without objection, it was so ordered.                                          
                                                                               
The question being: Shall CS FOR HOUSE BILL NO. 18(FIN) An                     
Act making a special appropriation in an amount not to exceed                  
$250,000,000 from the earnings reserve account to the principal of             
the permanent fund; and providing for an effective date pass the               
Senate? The roll was taken with the following result:                          
                                                                               
CSHB 18(FIN)                                                                   
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Ellis, Green, Halford, Kelly Pete, Kelly Tim,            
Leman, Lincoln, Mackie, Parnell, Pearce, Phillips, Taylor, Torgerson,          
Ward, Wilken                                                                   
                                                                               
Nays:  Elton, Hoffman                                                          
                                                                               
Excused:  Miller                                                               
                                                                               
Senator Ellis changed from Nay to Yea                                          
                                                                               
and so, CS FOR HOUSE BILL NO. 18(FIN) 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.               
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3723
                                  Citations                                  
                                                                               
Honoring - Craig Allen                                                         
Senator(s) Lincoln, Wilken, Parnell, Leman, Elton, Pearce, Mackie,             
Tim Kelly, Green, Pete Kelly, Taylor, Hoffman, Halford                         
                                                                               
Honoring - Noah Lohr and Joseph Mintz                                          
Representative(s) Berkowitz                                                    
Senator(s) Leman, Wilken, Donley, Parnell, Ellis, Lincoln, Elton,              
Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Hoffman,                 
Halford                                                                        
                                                                               
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.                                 
                                                                               
Senator Mackie moved and asked unanimous consent that the                      
following citations be made a special order of business. Without               
objection, it was so ordered.                                                  
                                                                               
                                                                               
                          Special Order of Business                          
                                                                               
Honoring - Rodney Dial                                                         
Senator(s) Lincoln, Wilken, Leman, Parnell, Elton, Hoffman, Halford,           
Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor                           
Representative(s) Harris                                                       
                                                                               
Honoring - Curt Bedingfield                                                    
Senator(s) Lincoln, Wilken, Leman, Parnell, Elton, Hoffman, Halford,           
Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor                           
Representative(s) Morgan                                                       
                                                                               
Honoring - Jeff Babcock                                                        
Senator(s) Lincoln, Wilken, Leman, Parnell, Elton, Hoffman, Halford,           
Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor                           
Representative(s) Harris                                                       
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3724
Honoring - Brett Gibbens                                                       
Senator(s) Lincoln, Wilken, Leman, Parnell, Elton, Hoffman, Halford,           
Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor                           
Representative(s) Morgan                                                       
                                                                               
Honoring - Clint Songer                                                        
Senator(s) Lincoln, Wilken, Leman, Parnell, Elton, Hoffman, Halford,           
Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor                           
Representative(s) Morgan                                                       
                                                                               
In Memoriam - Lilly Thurmond                                                   
Senator(s) Lincoln, Wilken, Leman, Parnell, Elton, Hoffman, Halford,           
Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor                           
Representative(s) Morgan                                                       
                                                                               
In Memoriam - Annie S. Ewan                                                    
Senator(s) Lincoln, Wilken, Leman, Parnell, Elton, Hoffman, Halford,           
Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor                           
Representative(s) Morgan                                                       
                                                                               
In Memoriam - James W. Scott                                                   
Senator(s) Lincoln, Wilken, Leman, Parnell, Elton, Hoffman, Halford,           
Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor                           
Representative(s) Morgan                                                       
                                                                               
In Memoriam - Celestia Evelyn Shields                                          
Representative(s) Cissna                                                       
Senator(s) Tim Kelly, Wilken, Leman, Parnell, Elton, Phillips,                 
Hoffman, Halford, Pearce, Mackie, Green, Pete Kelly, Taylor                    
                                                                               
In Memoriam - Goldie Mae Lichti                                                
Representative(s) Green                                                        
Senator(s) Ward, Wilken, Leman, Parnell, Elton, Hoffman, Halford,              
Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor                           
                                                                               
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.                                 
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3725
Senator Ellis 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 - Senator Al Adams                                                    
Representative(s) Joule, Foster, Moses, Kookesh, Kapsner, Morgan               
Senator(s) Hoffman, Lincoln, Pearce, Mackie, Donley, Ellis, Elton,             
Green, Halford, Pete Kelly, Tim Kelly, Leman, Miller, Parnell,                 
Phillips, Taylor, Torgerson, Ward, Wilken                                      
                                                                               
Senator Mackie moved and asked unanimous consent that the citation             
be adopted. Without objection, the citation was adopted and referred           
to the Secretary for transmittal.                                              
                                                                               
                                                                               
                                   Recess                                    
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
stand in recess to a call of the Chair. Without objection, the Senate          
recessed at 6:23 p.m.                                                          
                                                                               
                                After Recess                                 
                                                                               
The Senate reconvened at 6:58 p.m.                                             
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
return to Standing Committee Reports. Without objection, the Senate            
returned to:                                                                   
                                                                               
                                                                               
                          Standing Committee Reports                         
                                                                               
Report dated May 3 was read stating:                                           
                                                                               
In the matter concerning three boxes of materials containing 30 self-          
styled Articles of Impeachment purportedly from one Ralph Kermit               
Winterrowd 2nd referred to the Senate Judiciary Committee on                   
Monday, May 1, 2000:                                                           

2000-05-03                     Senate Journal                      Page 3726
Following Legislative Legal Services review, the committee has                 
considered the materials and recommends no further action.                     
                                                                               
Said documents will be returned to the Senate Secretary for proper             
filing.                                                                        
                                                                               
Signing the report: Senator Taylor, Chair, Senators Halford, Donley,           
Torgerson, Ellis.                                                              
                                                                               
Attached was a copy of Legal Services Memorandum Work Order                    
No. 21-LS1654.                                                                 
                                                                               
                                                                               
                             Unfinished Business                             
                                                                               
SB 192                                                                       
Senator Mackie moved and asked unanimous consent that concurence               
on:                                                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO.                                           
192(FIN) am H An Act making and amending                                       
appropriations and reappropriations; 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.                                                                          
                                                                               
with a House Letter of Intent, which had been held to the Secretarys           
Desk (page 3699) be taken up. Without objection, it was so ordered.            
                                                                               
Senator Mackie moved and asked unanimous consent that the House                
Letter of Intent (House Journal page 3594) be adopted. Without                 
objection, it was so ordered.                                                  
                                                                               
Senator Mackie moved that the Senate concur in the House                       
amendments.                                                                    
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3727
SB 192                                                                       
The question being: Shall the Senate concur in the House                       
amendments? The roll was taken with the following result:                      
                                                                               
HCS CSSB 192(FIN) am H                                                         
Shall the Senate concur in the House amendments to                             
CSSB 192(FIN) am? Effective Dates                                              
                                                                               
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Ellis, Elton, Green, Hoffman, Kelly Pete, Kelly Tim,             
Leman, Lincoln, Mackie, Parnell, Pearce, Taylor, Torgerson, Wilken             
                                                                               
Nays:  Donley, Halford, Phillips, Ward                                         
                                                                               
Excused:  Miller                                                               
                                                                               
and so, the Senate concurred in the House amendments, thus                     
adopting HOUSE CS FOR CS FOR SENATE BILL NO. 192(FIN)                          
am H An Act making and amending appropriations and                             
reappropriations; 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.                             
                                                                               
Senator Mackie moved and asked unanimous consent that the vote                 
on concurrence be considered the vote on the effective date clauses.           
Without objection, it was so ordered.                                          
                                                                               
Senator Mackie moved that the constitutional budget reserve fund               
section be adopted.                                                            
                                                                               
The question being: Shall the constitutional budget reserve fund               
section (Article IX, Section 17(c), Constitution of the State of               
Alaska) be adopted? The roll was taken with the following result:              
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3728
SB 192                                                                       
                                                                               
HCS CSSB 192(FIN) am H                                                         
Constitutional Budget Reserve Fund Section                                     
                                                                               
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Ellis, Elton, Green, Hoffman, Kelly Pete, Kelly Tim,             
Leman, Lincoln, Mackie, Parnell, Pearce, Taylor, Torgerson, Wilken             
                                                                               
Nays:  Donley, Halford, Phillips, Ward                                         
                                                                               
Excused:  Miller                                                               
                                                                               
Senator Lincoln changed from Nay to Yea                                        
                                                                               
and so, the constitutional budget reserve fund section was adopted.            
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
The bill and the Legislative Letter of Intent were referred to the             
Secretary for enrollment.                                                      
                                                                               
                                                                               
                                Announcements                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                  Enrollment                                 
                                                                               
SB 222                                                                       
HOUSE CS FOR SENATE BILL NO. 222(L&C) An Act relating                          
to standard industrial classification for, eligibility for benefits under,     
and the definition of benefit year for the Alaska Employment                   
Security Act; and providing for an effective date was enrolled,                
signed by the President and Secretary, Speaker and Chief Clerk and             
the engrossed and enrolled copies transmitted to the Office of the             
Governor at 1:25 p.m., May 3, 2000.                                            
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3729
                                 Adjournment                                 
                                                                               
President Pearce appointed Senators Mackie and Adams to call on                
the House and inform them the Senate was ready to adjourn.                     
                                                                               
President Pearce appointed Senators Parnell and Phillips to call on            
the Governor and inform him the Senate was ready to adjourn.                   
                                                                               
Senator Parnell moved and asked unanimous consent that the                     
Twenty-first Alaska Senate adjourn sine die. Without objection, the            
Senate adjourned at 7:11 p.m.                                                  
                                                                               
                                                           Heidi Vogel         
                                               Secretary of the Senate         
                                                                               
                                                              May 2000         

2000-05-03                     Senate Journal                      Page 3730
                                Announcements                                
                                                                               
Americans with Disabilities Act Notice - Persons with disabilities who         
require special accommodation or alternative communication formats to          
access committee meetings may contact the appropriate committee office or      
the Legislative Information Office in their community. Reasonable advance      
notice is needed to accommodate the request. For further information, call     
the ADA Coordinator at 465-3854 Voice/465-4980 TDD.                            
                                                                               
                                                                               
                          SENATE STANDING COMMITTEES                         
+ indicates teleconference                                                     
= indicates bill previously heard/scheduled                                    
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
May 03                         Wednesday 10:00 AM                              
	-- Time Change --                                                            
	Bills Previously Heard/Scheduled                                             
                                                                               
May 04                          Thursday 4:30 PM                               
	Joint w/(H)                                                                  
	SB/HB 3001 and SB/HB 3002, relating to                                       
	pay raises for union and non-union state                                     
	employees and other legislation pursuant                                     
	to the Governors proclamation                                                
	<Pending Introduction and Referral>                                          
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                   BELTZ 211                                   
May 03                         Wednesday 10:30 AM                              
	Articles of Impeachment                                                      
                                                                               
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                         CONFERENCE COMMITTEE ON SB 4                        
                                 BUTROVICH 205                                 
May 03                         Wednesday 2:00 PM                               
=	SB   4VICTIMS RIGHTS/PRISONERS PFD                                          
                    ----------------------------------------                   
                                                                               
                                                                               

2000-05-03                     Senate Journal                      Page 3731
                        CONFERENCE COMMITTEE ON SB 248                       
                                 BUTROVICH 205                                 
May 03                         Wednesday 4:30 PM                               
=	SB 248AIDEA: BONDS & RURAL DEVELOPMENT                                      
                                                                               
                                OTHER MEETINGS                               
                                                                               
                               MAJORITY CAUCUS                               
                                 BUTROVICH 205                                 
May 03                         Wednesday 6:30 PM