Legislature(1999 - 2000)

1999-02-19 Senate Journal

Full Journal pdf

1999-02-19                     Senate Journal                      Page 0305
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    TWENTY-FIRST LEGISLATURE - FIRST SESSION                   
                                                                               
Juneau, Alaska                                                                 
                                                                               
                               Thirty-second Day                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 10:17 a.m.                                                           
                                                                               
The roll showed fifteen members present. Senators Adams, Tim                   
Kelly, Lincoln, Taylor, Ward were excused from a call of the Senate.           
                                                                               
The prayer was offered by the Chaplain, Pastor Johnny Reimer of                
the Douglas Island Bible Church. Senator Hoffman moved and asked               
unanimous consent that the prayer be spread. Without objection, it             
was so ordered.                                                                
                                                                               
Our God and Heavenly Father, through Christ our Savior                        
and Lord we come into Your presence. You have                                  
brought us to this place and this hour so we may fulfill                       
our responsibilities as Your servants. You have made                           
each of us different so that we can better see the beauty                      
of the whole. Grant us the grace to see each other                             
through this hour rather than see through one another                          
and criticize what we see. Help us to realize that each                        
of us has a worthy contribution to make and that the                           
end product, therefore, will be much better than if we                         
refuse to listen. Show us that no lasting value is gained                      
by thinking more highly of ourselves than we ought, but                        
that the contribution of our friends, and our enemies,                         
can deepen and broaden life if we so choose.                                   
                                                                               
Now take each of us with our talents, abilities and                           
needs, and bind us together so that we can become a                            
united force to accomplish the purposes for which we                           
are here. Grant us the courage to choose to do Your                            
will.                                               Amen.                      
                                                                               
                                      305                                      

1999-02-19                     Senate Journal                      Page 0306
Senator Torgerson led the Senate in the Pledge of Allegiance.                  
                                                                               
                                                                               
                                Certification                                
                                                                               
Senator Mackie moved and asked unanimous consent that the journal              
for the thirty-first legislative day be approved as certified by the           
Secretary. Without objection, it was so ordered.                               
                                                                               
                                                                               
                                Communications                               
                                                                               
The following report is on file in the Office of the Secretary of the          
Senate:                                                                        
                                                                               
Division of Risk Management Annual Report, Independent Actuarial               
Report and Review of the Catastrophe Reserve Account for FY98                  
from J. Brad Thompson, Director, Risk Management, Department of                
Administration                                                                 
in accordance with AS 37.05.287                                                
                                                                               
                                                                               
                          Standing Committee Reports                         
                                                                               
SB 50                                                                        
The Labor and Commerce Committee considered SENATE BILL                        
NO. 50 An Act relating to certain boiler and pressure vessel                   
inspections and inspectors; and providing for an effective date.               
Signing do pass: Senator Mackie, Chair, Senators Hoffman, Donley.              
Signing no recommendation: Senator Leman.                                      
                                                                               
Fiscal note published today from Department of Labor.                          
                                                                               
President Pearce added a Finance Committee referral.                           
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
                                                                               

1999-02-19                     Senate Journal                      Page 0307
                                    Recess                                   
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
stand in recess to the Joint Session. Without objection, the Senate            
recessed at 10:23 a.m.                                                         
                                                                               
                                                                               
                                 After Recess                                
                                                                               
                          Joint Session in the House                         
                                                                               
Speaker Porter called the House to order and in accordance with                
Uniform Rule 51 turned the gavel over to President Pearce, who                 
called the Joint Session to order at 10:30 a.m.                                
                                                                               
The purpose of the Joint Session was to hear an address by the                 
Honorable Frank Murkowski, United States Senator.                              
                                                                               
Senator Mackie moved and asked unanimous consent that the roll                 
call of the Senate be waived and all members be shown as present.              
Without objection, it was so ordered.                                          
                                                                               
Representative Green moved and asked unanimous consent that the                
roll call of the House be waived and all members be shown as                   
present.  Without objection, it was so ordered.                                
                                                                               
President Pearce introduced Senator Murkowskis wife, Nancy                     
Murkowski.                                                                     
                                                                               
President Pearce appointed Representative Lisa Murkowski to escort             
her father, the Honorable Frank Murkowski to the Joint Session.                
                                                                               
The House Sergeant at Arms, Sean Riley, announced Senator                      
Murkowskis entrance to the House Chamber.                                      
                                                                               
The Honorable Frank Murkowski was escorted to the rostrum and                  
introduced by President Pearce.                                                
                                                                               
                                                                               

1999-02-19                     Senate Journal                      Page 0308
United States Senator Murkowski delivered his address. This address            
appears in House and Senate Joint Journal Supplement No. 4.                    
                                                                               
Following his address, there was a question and answer period.                 
Senator Murkowski received a standing ovation and was escorted                 
from the chamber by Representative Murkowski.                                  
                                                                               
Senator Mackie moved and asked unanimous consent that the Joint                
Session stand in adjournment.  Without objection, President Pearce             
adjourned the Joint Session at 11:42 a.m.                                      
                                                                               
                                                                               
                                 After Recess                                 
                                                                               
                                 In the Senate                                
                                                                               
The Senate reconvened at 11:47 a.m.                                            
                                                                               
                                                                               
                         Introduction and Reference of                        
                              Senate Resolutions                              
                                                                               
SJR 8                                                                        
SENATE JOINT RESOLUTION NO. 8 BY SENATOR WARD,                                 
                                                                               
Relating to the 2000 decennial United States census                           
and to the development of redistricting data for use                           
by the state in legislative redistricting.                                     
                                                                               
was read the first time and referred to the State Affairs Committee.           
                                                                               
SJR 9                                                                        
SENATE JOINT RESOLUTION NO. 9 BY THE SENATE                                    
FINANCE COMMITTEE,                                                             
                                                                               
Proposing amendments to the Constitution of the                               
State of Alaska relating to ways and means bills.                              
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    

1999-02-19                     Senate Journal                      Page 0309
                  Introduction and Reference of Senate Bills                 
                                                                               
SB 84                                                                        
SENATE BILL NO. 84 BY THE SENATE RULES COMMITTEE                               
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
An Act imposing certain requirements relating to                              
cigarette sales in this state by tobacco product                               
manufacturers, including requirements for escrow,                              
payment, and reporting of money from cigarette                                 
sales in this state; providing penalties for                                   
noncompliance with those requirements; and                                     
providing for an effective date.                                               
                                                                               
was read the first time and referred to the Health, Education and              
Social Services and Finance Committees.                                        
                                                                               
Zero fiscal notes published today from Department of Law,                      
Department of Revenue.                                                         
                                                                               
Governors transmittal letter dated February 19:                                
                                                                               
Dear President Pearce:                                                         
                                                                               
Cigarette smoking presents serious public health concerns to the state         
and its citizens. Recently, this Administration, along with virtually          
every other state, reached a monumental master settlement agreement            
with the leading tobacco producers. That agreement was approved by             
the Alaska Superior Court on February 9, 1999. Under the terms of              
the settlement, it is anticipated the State of Alaska will receive $670        
million over the next 25 years and will benefit from important                 
restrictions on advertising and other matters to address public health         
concerns.                                                                      
                                                                               
While this is an important step forward in addressing this significant         
health problem, the states that are parties to the agreement wanted            
to be sure the problem was more comprehensively addressed. This                
bill I transmit today would help do that by placing some                       
requirements on tobacco product manufacturers who sell cigarettes in           
the state but do not sign the settlement agreement.                            

1999-02-19                     Senate Journal                      Page 0310
SB 84                                                                        
Under this bill, the non-participating tobacco manufacturers will take         
responsibility for their share of the financial burden caused by their         
products by setting up escrow accounts to cover qualified claims for           
health-related concerns. The availability of the escrow money will             
better ensure a source of compensation for Alaskans while preventing           
those manufacturers from deriving large, short-term profits from sales         
in this state and then becoming judgment-proof before liability may            
arise. This bill is fair and puts all tobacco product manufacturers on         
an equal footing regarding cigarette sales in Alaska.                          
                                                                               
I urge your prompt and favorable action on this bill, as part of an            
overall solution to address this major public health concern.                  
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Tony Knowles                                                              
					Governor                                                                  
                                                                               
                        Consideration of the Calendar                        
                                                                               
                                  Citations                                  
                                                                               
Celebrating - 1999 National Engineers Week                                     
Senator(s) Leman, Phillips, Lincoln, Elton, Wilken, Tim Kelly,                 
Taylor, Adams, Pearce, Ward, Hoffman, Green                                    
                                                                               
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.                                              
                                                                               
                                                                               
                             Unfinished Business                             
                                                                               
SB 42                                                                        
President Pearce added a Judiciary Committee referral to 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.                                                             
                                                                               
The bill was referred to the Judiciary and Finance Committees.                 

1999-02-19                     Senate Journal                      Page 0311
Senators Pete Kelly, Donley moved and asked unanimous consent                  
that they be excused from a call of the Senate on February 26.                 
Without objection, Senators Pete Kelly, Donley were excused.                   
                                                                               
                                                                               
                                Announcements                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 Adjournment                                 
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., February 22, 1999. Without              
objection, the Senate adjourned at 11:50 a.m.                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                         February 1999         

1999-02-19                     Senate Journal                      Page 0312
                                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                              
Feb 19                          Friday 09:15 AM                                
	JOINT W/(H) FINANCE                                                          
	STATE OF THE UNIVERSITY PRESENTATION                                         
	UA PRESIDENT MARK HAMILTON                                                   
                                                                               
Feb 22                          Monday 09:00 AM                                
	SB  83SUPPLEMENTAL/CAPITAL APPROPS                                           
	SB  72CONSTIT BUD RES. FUND APPROP                                           
                                                                               
Feb 22                          Monday 12:00 PM                                
	FINANCE SUBCOMMITTEE ON                                                      
=	SB  44APPROPRIATIONS FOR Y2K FIX                                            
                                                                               
Feb 23                          Tuesday 09:00 AM                               
	SB  421999 REVISOR'S BILL                                                    
	SB  55JOINT ARMED SERVICES COMMITTEE                                         
                                                                               
Feb 24                         Wednesday 09:00 AM                              
=	SB  83SUPPLEMENTAL/CAPITAL APPROPS                                          
=	SB  72CONSTIT BUD RES. FUND APPROP                                          
=	SB  44APPROPRIATIONS FOR Y2K FIX                                            
	<PENDING REFERRAL FROM SUBCOMMITTEE>                                         
	HB  64APPROPRIATIONS FOR Y2K FIX                                             
	<PENDING REFERRAL>                                                           
                                                                               
Feb 25                         Thursday 09:00 AM                               
	OVERVIEW: AK AEROSPACE DEVELOPMENT CORP                                      
	SB   7INCREASE LAND GRANT TO UNIV. OF ALASKA                                 
	SB  33TASK FORCE ON PRIVATIZATION                                            

1999-02-19                     Senate Journal                      Page 0313
                                   FINANCE                                   
Feb 26                          Friday 09:00 AM                                
=	SB  30OPERATING BUDGET APPROPRIATIONS                                       
	FRONT SECTION                                                                
=	SB  83SUPPLEMENTAL/CAPITAL APPROPS                                          
=	SB  72CONSTIT BUD RES. FUND APPROP                                          
=	SB  44APPROPRIATIONS FOR Y2K FIX                                            
	<PENDING REFERRAL FROM SUBCOMMITTEE>                                         
=	HB  64APPROPRIATIONS FOR Y2K FIX                                            
	<PENDING REFERRAL>                                                           
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
Feb 22                          Monday 01:30 PM                                
	ASSOCIATION OF ALASKA SCHOOL BOARDS                                          
	REPORT: IMPACT OF THE NEW FOUNDATION                                         
	FORMULA, CARL ROSE, EXEC DIRECTOR                                            
	SB  27ACCESS TO DRIVING/SCHOOL RECORDS OF CHILD                              
                                                                               
Feb 24                         Wednesday 01:30 PM                              
	SB  48STATE HEALTH INSURANCE                                                 
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
Feb 19                          Friday 01:30 PM                                
	-- MEETING CANCELLED --                                                      
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Feb 22                          Monday 01:30 PM                                
=	SB  24REGULATIONS: ADOPTION & JUDICIAL REVIEW                               
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Feb 24                         Wednesday 01:30 PM                              
=	SB   5MISPRISION OF FELONY                                                  
=	SJR  6DESTROY BRADY BILL RECORDS                                            
	SB  69ADVISORY VOTE ON ELECTED AG                                            
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Feb 26                          Friday 01:30 PM                                
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                    ----------------------------------------                   
                                                                               
                                                                               

1999-02-19                     Senate Journal                      Page 0314
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
Feb 23                          Tuesday 01:30 PM                               
	NO MEETING SCHEDULED                                                         
                                                                               
Feb 25                         Thursday 01:30 PM                               
+=	SB  29REQUIREMENTS FOR PHYSICIAN'S LICENSE                                 
+=	SB  54MUNICIPAL TAXES ON DETERIORATED PROPERTY                             
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
Feb 19                          Friday 03:00 PM                                
	-- MEETING CANCELLED --                                                      
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Feb 22                          Monday 03:00 PM                                
	NO MEETING SCHEDULED                                                         
                                                                               
Feb 24                         Wednesday 03:00 PM                              
+	SB  74SAME DAY AIRBORNE HUNTING                                             
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Feb 26                          Friday 03:00 PM                                
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
Feb 23                          Tuesday 03:30 PM                               
	NO MEETING SCHEDULED                                                         
                                                                               
Feb 25                         Thursday 03:30 PM                               
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                               BUTROVICH ROOM 205                              
Feb 23                          Tuesday 01:30 PM                               
	JOINT W/(H) TRANSPORTATION                                                   
	DEPT OF TRANSPORTATION OVERVIEW OF                                           
	SOUTHEAST ALASKA                                                             
                                                                               
Feb 25                         Thursday 01:30 PM                               
	CONTINUATION OF DEPT OF TRANSPORTATION                                       
	REVIEW OF SE ALASKA AND FERRY SYSTEMS                                        

1999-02-19                     Senate Journal                      Page 0315
                            FINANCE SUBCOMMITTEES                            
                                                                               
                                ADMINISTRATION                               
                               SENATE FINANCE 532                              
Feb 23                          Tuesday 01:00 PM                               
	DEPARTMENT OVERVIEW                                                          
                    ----------------------------------------                   
                                                                               
                       COMMERCE & ECONOMIC DEVELOPMENT                       
                               SENATE FINANCE 532                              
Feb 24                         Wednesday 08:00 AM                              
	JOINT W/(H) DCED SUBCOMMITTEE                                                
	DEPARTMENT OVERVIEW CONTINUATION                                             
                    ----------------------------------------                   
                                                                               
                                  EDUCATION                                  
                               SENATE FINANCE 532                              
Feb 22                          Monday 03:30 PM                                
	DEPARTMENT OVERVIEW                                                          
                    ----------------------------------------                   
                                                                               
                          ENVIRONMENTAL CONSERVATION                         
                                 BELTZ ROOM 211                                
Feb 24                         Wednesday 03:30 PM                              
	REVISED MISSION STATEMENTS: DEPARTMENT                                       
	(BASED ON 2/16 MEETING), SPILL PREVENTION                                    
	RESPONSE (BASED ON 2/16 MEETING),                                            
	STATEWIDE PUBLIC SERVICE, ADMIN SERVICES                                     
                                                                               
                              FAHRENKAMP ROOM 203                              
Feb 25                         Thursday 04:30 PM                               
	OVERVIEWS: AIR & WATER QUALITY;                                              
	ENVIRONMENTAL HEALTH                                                         
                                                                               
                                 BELTZ ROOM 211                                
Mar 03                         Wednesday 03:30 PM                              
	OVERVIEW: FACILITY CONSTRUCTION                                              
	AND OPERATION (MISSION STATEMENT);                                           
	MEASURES: COMMISSIONER'S OFFICE,                                             
	STATEWIDE PUBLIC SERVICE, ADM SERVICES                                       
                    ----------------------------------------                   
                                                                               
                                                                               

1999-02-19                     Senate Journal                      Page 0316
                            FINANCE SUBCOMMITTEES                            
                                                                               
                                    LABOR                                    
                                CAPITOL ROOM 124                               
Feb 19                          Friday 08:00 AM                                
	JOINT W/(H) LABOR SUBCOMMITTEE                                               
	DEPARTMENT OVERVIEW                                                          
                                                                               
Feb 26                          Friday 08:00 AM                                
	JOINT W/(H) LABOR SUBCOMMITTEE                                               
	DEPARTMENT OVERVIEW CONTINUED                                                
                                                                               
Mar 05                          Friday 08:00 AM                                
	JOINT W/(H) LABOR SUBCOMMITTEE                                               
	DEPARTMENT OVERVIEW CONTINUED                                                
                    ----------------------------------------                   
                                                                               
                                     LAW                                     
                              FAHRENKAMP ROOM 211                              
Feb 22                          Monday 04:30 PM                                
	DEPARTMENT OVERVIEW                                                          
                    ----------------------------------------                   
                                                                               
                              NATURAL RESOURCES                              
                               SENATE FINANCE 532                              
Feb 25                         Thursday 04:00 PM                               
	                                                                             
                    ----------------------------------------                   
                                                                               
                                   REVENUE                                   
                                 BELTZ ROOM 211                                
Feb 22                          Monday 04:00 PM                                
+	DEPARTMENT OVERVIEW AND MISSION                                             
	STATEMENTS FOR COMMISSIONER'S OFFICE,                                        
	ADMIN SERVICE, ABC BOARD, PF DIVISION,                                       
	TREASURY, PENSION INVESTMENT BOARD                                           
                    ----------------------------------------                   
                                                                               
                     CAPITAL BUDGET FINANCE SUBCOMMITTEE                     
                               SENATE FINANCE 532                              
Feb 24                         Wednesday 03:30 PM                              
	OVERVIEW: DEPT OF TRANSPORTATION                                             
                                                                               
                                                                               

1999-02-19                     Senate Journal                      Page 0317
                                OTHER MEETINGS                               
                                                                               
                               ANCHORAGE CAUCUS                              
                               SENATE FINANCE 532                              
Feb 24                         Wednesday 12:00 PM                              
	IF FLOOR SESSIONS LAST PAST 12:15 PM                                         
	MEETING TIME WILL CHANGE TO 5:00 PM                                          
                    ----------------------------------------                   
                                                                               
                              CHILDREN'S CAUCUS                              
                               BUTROVICH ROOM 205                              
Feb 23                          Tuesday 12:00 PM                               
	FAMILIES FIRST PARTNERSHIP                                                   
                    ----------------------------------------                   
                                                                               
                                JOINT SESSION                                
                                 HOUSE CHAMBER                                 
Feb 19                          Friday 10:30 AM                                
	HONORABLE FRANK MURKOWSKI, U.S. SENATOR