Legislature(1999 - 2000)
1999-02-17 Senate Journal
Full Journal pdf1999-02-17 Senate Journal Page 0265 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska Thirtieth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:08 a.m. The roll showed nineteen members present. Senator Pete Kelly was absent. The prayer was offered by the Chaplain, Pastor Johnny Reimer of the Douglas Island Bible Church. Senator Leman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our God and Heavenly Father, we approach Your throne with rejoicing that another day of grace has been granted to us. We thank You for health and strength of body and mind to take up our responsibilities for today. We intercede on behalf of people in our world who are suffering and losing their lives because of their religious beliefs or because they live in countries where tyranny holds sway. Oh God, hasten the day when Your kingdom will be set up and peace and safety shall be the daily lot of all people. Deliver us from that selfish pursuit which shrinks our world to only that which concerns us and ours. Open our hearts and hands to those less fortunate than we are, rather than demanding that the world owes us a living. Help us to realize that You are the source of life and that when the cisterns of our own making have dried up we are welcome at Your springs of living water. 265 1999-02-17 Senate Journal Page 0266 The tasks of this day are before us. Grant us wisdom, courage and strength to do what is right rather than what is convenient. Amen. Senator Halford led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journal for the twenty-ninth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Pete Kelly was noted. Messages from the House Message dated February 16 was read, stating: The House of Representatives respectfully invites the Senate to a Joint Session of the Twenty-first Alaska Legislature at 10:30 a.m. on Friday, February 19 for the purpose of hearing United States Senator Frank Murkowskis annual message. 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. Message dated February 16 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 22 CS FOR HOUSE BILL NO. 22(CRA) BY THE HOUSE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE, entitled: 1999-02-17 Senate Journal Page 0267 HB 22 An Act relating to investigations of property by a municipal assessor or the assessors agent; and providing for an effective date. was read the first time and referred to the Community and Regional Affairs Committee. Standing Committee Reports SB 42 The State Affairs Committee considered SENATE BILL NO. 42 An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 42(STA) Signing do pass: Senator Ward, Chair. Signing no recommendation: Senators Phillips, Green, Wilken, Elton. Fiscal note information forthcoming. The bill was referred to the Finance Committee. SB 53 The Labor and Commerce Committee considered SENATE BILL NO. 53 An Act relating to a state employment preference for certain members of the Alaska National Guard. Signing do pass: Senator Mackie, Chair, Senators Donley, Tim Kelly, Hoffman. Zero fiscal note published today from Department of Administration. The bill was referred to the Rules Committee. 1999-02-17 Senate Journal Page 0268 SB 55 The State Affairs Committee considered SENATE BILL NO. 55 An Act relating to the Joint Armed Services Committee, a permanent interim committee of the Alaska State Legislature; and providing for an effective date. Signing do pass: Senator Ward, Chair, Senators Wilken, Elton. Signing no recommendation: Senators Phillips, Green. Fiscal note information forthcoming. The bill was referred to the Finance Committee. SB 69 The State Affairs Committee considered SENATE BILL NO. 69 An Act authorizing an advisory vote by the qualified voters of the state on the question of the election of the attorney general; and providing for an effective date. Signing do pass: Senator Ward, Chair, Senator Phillips. Signing no recommendation: Senators Green, Wilken. Signing do not pass: Senator Elton. Fiscal note published today from Office of the Governor. The bill was referred to the Judiciary Committee. HJR 8 The Rules Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 8(MLV) am Relating to a national ballistic missile defense system. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The resolution is on todays calendar. 1999-02-17 Senate Journal Page 0269 SB 12 The Rules Committee considered SENATE BILL NO. 12 An Act classifying anadromous streams and tributaries; relating to the designation of riparian areas; establishing buffers on certain streams and relating to slope stability standards on certain streams; and requiring retention of low value timber along certain water bodies where prudent. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Pearce, Leman. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. SB 3 The Rules Committee considered SENATE BILL NO. 3 An Act relating to the crimes of murder, solicitation to commit murder in the first degree, manslaughter, and criminally negligent homicide; relating to homicides of children; and relating to the crime of interference with custody of a child or incompetent person and recommended it be replaced with CS FOR SENATE BILL NO. 3(RLS) An Act relating to the crimes of murder, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, manslaughter, and criminally negligent homicide; relating to homicides of children; relating to registration as a sex offender or child kidnapper; relating to the crime of interference with custody of a child or incompetent person; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Pearce, Leman. Previous indeterminate, zero and fiscal notes apply to the committee substitute. The bill is on the February 18 calendar. 1999-02-17 Senate Journal Page 0270 Introduction and Reference of Senate Resolutions SCR 5 SENATE CONCURRENT RESOLUTION NO. 5 BY THE SENATE RULES COMMITTEE, Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. was read the first time and referred to the Rules Committee. Introduction and Reference of Senate Bills SB 74 SENATE BILL NO. 74 BY SENATOR PETE KELLY, entitled: An Act relating to hunting on the same day airborne. was read the first time and referred to the Resources Committee. SB 75 SENATE BILL NO. 75 BY SENATORS TIM KELLY, Mackie, entitled: An Act making special appropriations for education from the earnings reserve account. was read the first time and referred to the Finance Committee. SB 76 SENATE BILL NO. 76 BY SENATORS TIM KELLY, Mackie, entitled: 1999-02-17 Senate Journal Page 0271 SB 76 An Act authorizing an advisory vote on whether appropriations of income from the permanent fund should be restricted; and providing for an effective date. was read the first time and referred to the Finance Committee. Consideration of the Calendar Second Reading of Senate Bills SB 12 SENATE BILL NO. 12 An Act classifying anadromous streams and tributaries; relating to the designation of riparian areas; establishing buffers on certain streams and relating to slope stability standards on certain streams; and requiring retention of low value timber along certain water bodies where prudent was read the second time. Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 12 was read the third time. Senators Leman, Pearce, Green, Elton moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: Shall SENATE BILL NO. 12 An Act classifying anadromous streams and tributaries; relating to the designation of riparian areas; establishing buffers on certain streams and relating to slope stability standards on certain streams; and requiring retention of low value timber along certain water bodies where prudent pass the Senate? The roll was taken with the following result: 1999-02-17 Senate Journal Page 0272 SB 12 SB 12 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, SENATE BILL NO. 12 passed the Senate and was referred to the Secretary for engrossment. Second Reading of Senate Resolutions SCR 2 SENATE CONCURRENT RESOLUTION NO. 2 was read the second time and was before the Senate on final passage. The question being: Shall SENATE CONCURRENT RESOLUTION NO. 2 Relating to management of Alaskas wildlife and fish resources, pass the Senate? The roll was taken with the following result: SCR 2 Second Reading - Final Passage YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln and so, SENATE CONCURRENT RESOLUTION NO. 2 passed the Senate and was referred to the Secretary for engrossment. 1999-02-17 Senate Journal Page 0273 Second Reading of House Resolutions HJR 8 CS FOR HOUSE JOINT RESOLUTION NO. 8(MLV) am Relating to a national ballistic missile defense system, was read the second time. Senators Adams, Tim Kelly offered Amendment No. 1 : Page 2, line 10, following "system": Insert "; and be it FURTHER RESOLVED that the Twenty-First Alaska State Legislature requests that, in the development and operation of a national ballistic missile defense system in Alaska, the Department of Defense provide adequate protection from any danger posed by the system to local residents" Senator Adams moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senators Adams, Tim Kelly offered Amendment No. 2 : Page 2, line 10, following "system": Insert "; and be it FURTHER RESOLVED that the Twenty-First Alaska State Legislature strongly encourages the Department of Defense to contract with Alaska businesses in the development, construction, and operation of a national ballistic missile defense system in Alaska" Senator Adams moved for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. Senator Mackie moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE JOINT RESOLUTION NO. 8(MLV) am S was read the third time. 1999-02-17 Senate Journal Page 0274 HJR 8 Senators Lincoln, Mackie moved and asked unanimous consent that they be shown as cross sponsors on the resolution. Without objection, it was so ordered. The question being: Shall CS FOR HOUSE JOINT RESOLUTION NO. 8(MLV) am S Relating to a national ballistic missile defense system, pass the Senate? The roll was taken with the following result: CSHJR 8(MLV) 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, CS FOR HOUSE JOINT RESOLUTION NO. 8(MLV) amS passed the Senate and was referred to the Secretary for engrossment. Citations Honoring - Nikiski High School, Girls Volleyball State Champions Senator(s) Ward, Pearce, Taylor, Tim Kelly, Pete Kelly, Hoffman, Wilken, Elton, Leman, Lincoln, Mackie, Parnell, Green Honoring - Nikiski High School, Wrestling State Champions Senator(s) Ward, Pearce, Taylor, Tim Kelly, Pete Kelly, Hoffman, Wilken, Elton, Leman, Lincoln, Mackie, Parnell, Green Honoring - Joanne Collins, Anchor Point Chamber of Commerce, 1998 Citizen of the Year Senator(s) Torgerson, Pearce, Taylor, Tim Kelly, Pete Kelly, Hoffman, Wilken, Elton, Leman, Lincoln, Mackie, Parnell, Green 1999-02-17 Senate Journal Page 0275 Honoring - Craig R. Lewis, Emergency Services Pioneer Representative(s) Therriault Senator(s) Pearce, Taylor, Tim Kelly, Pete Kelly, Hoffman, Wilken, Miller, Elton, Ellis, Leman, Lincoln, Mackie, Parnell, Green Honoring - Alaska National Guard Youth Corps School, Graduating Class 99-1 Representative(s) Mulder Senator(s) Phillips, Pearce, Halford, Taylor, Tim Kelly, Pete Kelly, Hoffman, Wilken, Elton, Leman, Lincoln, Donley, Mackie, Parnell, Green Honoring - The Alaska Head Start Program Representative(s) Morgan Senator(s) Lincoln, Pearce, Taylor, Tim Kelly, Pete Kelly, Hoffman, Wilken, Elton, Ellis, Adams, Halford, Donley, Mackie, Green In Memoriam - James Tomaralria Kasayulie Representative(s) Kapsner Senator(s) Hoffman, Adams, Taylor, Tim Kelly, Pete Kelly, Wilken, Elton, Halford, Leman, Lincoln, Mackie, Green Senator Mackie moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business SB 20 Senator Wilken moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 20 An Act transferring to the Department of Health and Social Services the authority to license all assisted living facilities; eliminating the authority of the Department of Administration to license assisted living facilities; and providing for an effective date. Without objection, it was so ordered. 1999-02-17 Senate Journal Page 0276 Senators Pete Kelly, Hoffman, Mackie moved and asked unanimous consent that they be excused from a call of the Senate from afternoon plane time, February 19 through evening plane time, February 21. Without objection, Senators Pete Kelly, Hoffman, Mackie were excused. Senator Tim Kelly moved and asked unanimous consent that he be excused from a call of the Senate on February 19. Without objection, Senator Tim Kelly was excused. Senator Taylor moved and asked unanimous consent that he be excused from the Senate, not subject to a call, from afternoon plane time, February 17 through plane time, February 24. Without objection, Senator Taylor was excused. Announcements Announcements are at the end of the journal. Engrossment SB 12 SENATE BILL NO. 12 An Act classifying anadromous streams and tributaries; relating to the designation of riparian areas; establishing buffers on certain streams and relating to slope stability standards on certain streams; and requiring retention of low value timber along certain water bodies where prudent was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 2 SENATE CONCURRENT RESOLUTION NO. 2 Relating to management of Alaskas wildlife and fish resources, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1999-02-17 Senate Journal Page 0277 HJR 8 CS FOR HOUSE JOINT RESOLUTION NO. 8(MLV) am S Relating to a national ballistic missile defense system, was engrossed, signed by the President and Secretary and returned to the House for consideration. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 18, 1999. Without objection, the Senate adjourned at 11:55 a.m. Nancy Quinto Secretary of the Senate February 1999 1999-02-17 Senate Journal Page 0278 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. SENATE STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS FAHRENKAMP RM 203 Feb 17 Wednesday 01:30 PM OVERVIEW: LOCAL BOUNDARY COMMISSION ---------------------------------------- FINANCE SENATE FINANCE 532 Feb 17 Wednesday 09:00 AM SB 30OPERATING BUDGET APPROPRIATIONS -FRONT SECTION Feb 18 Thursday 09:00 AM SJR 2CONST. AM: PRISONER'S RIGHTS SB 36YEAR 2000 COMPLIANCE REQUIREMENT BILLS PREVIOUSLY HEARD/SCHEDULED Feb 19 Friday 09:15 AM JOINT W/(H) FINANCE STATE OF THE UNIVERSITY PRESENTATION UA PRESIDENT MARK HAMILTON ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 Feb 17 Wednesday 01:30 PM + BRIEFING: MENTAL HEALTH TRUST AUTHORITY JEFF JESSEE, EXECUTIVE DIRECTOR ---------------------------------------- 1999-02-17 Senate Journal Page 0279 JUDICIARY BELTZ ROOM 211 Feb 17 Wednesday 01:30 PM + SB 11PRISON TIME CREDITS FOR MURDERERS = SJR 6DESTROY BRADY BILL RECORDS <BILL POSTPONED> BILLS PREVIOUSLY HEARD/SCHEDULED Feb 19 Friday 01:30 PM BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 Feb 18 Thursday 01:30 PM + SB 47ALASKA PUBLIC UTILITIES COMMISSION + SB 50BOILER AND PRESSURE VESSEL INSPECTIONS BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- RESOURCES BUTROVICH ROOM 205 Feb 17 Wednesday 03:00 PM OVERVIEW: PROPOSED CHENIK INSTITUTE LEASE - MCNEIL RIVER STATE GAME REFUGE BILLS PREVIOUSLY HEARD/SCHEDULED Feb 19 Friday 03:00 PM BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 Feb 18 Thursday 03:30 PM -- MEETING CANCELED -- BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 Feb 18 Thursday 01:30 PM JOINT W/(H) TRANSPORTATION SUBCOMMITTEE AIRLINE PASSENGER FACILITY CHARGES 1999-02-17 Senate Journal Page 0280 FINANCE SUBCOMMITTEES COMMERCE & ECONOMIC DEVELOPMENT HOUSE FINANCE 519 Feb 18 Thursday 04:30 PM + JOINT W/(H) DCED SUBCOMMITTEE DEPARTMENT OVERVIEW ---------------------------------------- LABOR CAPITOL ROOM 124 Feb 19 Friday 08:00 AM JOINT W/(H) LABOR SUBCOMMITTEE DEPARTMENT OVERVIEW ---------------------------------------- LAW FAHRENKAMP ROOM 211 Feb 22 Monday 04:30 PM DEPARTMENT OVERVIEW ---------------------------------------- MILITARY AND VETERANS AFFAIRS SENATE FINANCE 532 Feb 17 Wednesday 04:00 PM ---------------------------------------- NATURAL RESOURCES SENATE FINANCE 532 Feb 25 Thursday 04:00 PM ---------------------------------------- CAPITAL BUDGET FINANCE SUBCOMMITTEE SENATE FINANCE 532 Feb 24 Wednesday 03:30 PM OVERVIEW: DEPT OF TRANSPORTATION OTHER MEETINGS CHILDREN'S CAUCUS BUTROVICH ROOM 205 Feb 23 Tuesday 12:00 PM FAMILIES FIRST PARTNERSHIP ---------------------------------------- 1999-02-17 Senate Journal Page 0281 JOINT SESSION HOUSE CHAMBER Feb 19 Friday 10:30 AM HONORABLE FRANK MURKOWSKI, U.S. SENATOR SENATE WILL CONVENE AT 10:15 A.M. ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM 205 Feb 17 Wednesday 04:15 PM