Legislature(1999 - 2000)
1999-02-23 Senate Journal
Full Journal pdf1999-02-23 Senate Journal Page 0333 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska Thirty-sixth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:08 a.m. The roll showed eighteen members present. Senator Taylor was excused from a call of the Senate. Senator Mackie was absent. Senator Leman moved and asked unanimous consent that Senator Mackie be excused from a call of the Senate today for medical reasons. Without objection, Senator Mackie was excused. The prayer was offered by the Chaplain, Bishop Michael Warfel of the Roman Catholic Church, Diocese of Juneau. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. The biblical scholar, Rudolf Schnackenburg once noted that if we are to understand Jesus purpose in laying down a double commandment of love, we must realize that in it Jesus linked his two commandments and put them into mutual relation. According to Jesus mind, love of God is to find expression and give practical proof of itself in the equally important love of neighbor. Conversely, love of neighbor receives as its foundation and support, the love of God. Almighty and loving God, I ask You to bless these Senators. Remind them of Your presence in their lives and Your care for them. Help them to reflect Your care for them in their care for others. Instill in them an appreciation of the two great commandments. To be able to give and receive love in relationships is what being human is all about. 333 1999-02-23 Senate Journal Page 0334 Give them courage and strength in order that they might lead. Provide them with insight and wisdom in order to make good decisions. Finally, inspire in them a concern and compassion for all, that they may be instruments on behalf of the common good of the residents of our State. Amen. Senator Phillips led the Senate in the Pledge of Allegiance. Certification Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the journal for the thirty-fifth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor Letters dated and received February 22 were read, stating in accordance with Article VII, Section 3 and Article III, Sections 19 and 26 of the Alaska Constitution, I submit the following names for legislative confirmation of appointment to the positions noted: University of Alaska Board of Regents Robert A. Malone - Anchorage Appointed: 02/18/99 Expires: 02/01/07 Frances H. Rose - Anchorage Appointed: 02/18/99 Expires: 02/01/07 Joseph E. Usibelli, Jr. - Healy Appointed: 02/18/99 Expires: 02/01/07 Brian Rogers - Fairbanks Appointed: 02/18/99 Expires: 02/01/07 The appointments were referred to the Health, Education and Social Services Committee. 1999-02-23 Senate Journal Page 0335 Brigadier General - Alaska Air National Guard Colonel George Cannelos - Anchorage Appointed: 01/19/99 The appointment was referred to the State Affairs Committee. Alcoholic Beverage Control Board Ellen Ganley - Fairbanks Appointed: 06/29/95 Reappointed: 01/31/96, 02/19/99 Expires: 01/31/02 Joe Thomas, Jr. - Juneau Appointed: 02/14/96 Reappointed: 02/19/99 Expires: 01/31/02 Board of Dispensing Opticians Roberta Rawcliffe - Palmer Appointed: 02/19/99 Expires: 06/14/02 The appointments were referred to the Labor and Commerce Committee. Board of Education Roy Nageak Sr. - Barrow Appointed: 01/02/97 Reappointed: 02/19/99 Expires: 01/31/04 Susan Stitham - Fairbanks Appointed: 07/20/95 Reappointed: 02/19/99 Expires: 01/31/04 The appointments were referred to the Health, Education and Social Services Committee. Board of Game Greg Roczicka, Bethel Appointed: 02/23/96 Reappointed: 02/19/99 Expires: 01/31/02 Mike Fleagle - McGrath Appointed: 10/20/96 Reappointed: 02/19/99 Expires: 01/31/02 Greg Streveler - Gustavus Appointed: 10/20/96 Reappointed: 02/19/99 Expires: 01/31/02 The appointments were referred to the Resources Committee. 1999-02-23 Senate Journal Page 0336 State Commission for Human Rights Ruth G. Benson - Fairbanks Appointed: 11/26/97 Reappointed: 02/19/99 Expires: 01/31/04 The appointment was referred to the State Affairs Committee. Board of Psychologist and Psychological Associate Examiners Paul Craig - Anchorage Appointed: 02/19/99 Expires: 07/01/02 The appointment was referred to the Health, Education and Social Services Committee. Alaska Workers' Compensation Board Nancy J. Ridgley - Ketchikan Appointed: 10/13/92 Reappointed: 07/05/95, 02/19/99 Expires: 07/01/01 The appointment was referred to the Labor and Commerce Committee. The resumes for these appointments have been submitted to the offices of the Senate Secretary and the House Chief Clerk. Messages from the House Message dated February 22 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 64 CS FOR HOUSE BILL NO. 64(FIN)(title am) BY THE HOUSE FINANCE COMMITTEE, entitled: 1999-02-23 Senate Journal Page 0337 HB 64 An Act making and amending appropriations for year 2000 assessment, compliance, and remediation projects and modification of the Offender Base State Corrections Information System and the Offender Financial Accounting System in the Department of Corrections; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date. was read the first time and referred to the Finance Committee. Communications The following report is on file in the Office of the Secretary of the Senate: Mental Health Parity Task Force Final Report from Representative Davis and Senator Torgerson, Cochairs in accordance with Legislative Resolve No. 63, 1998 Standing Committee Reports SB 11 The Judiciary Committee considered SENATE BILL NO. 11 An Act relating to good time credits for prisoners serving sentences of imprisonment for certain murders, attempted murders, or conspiracies to commit murder and recommended it be replaced with CS FOR SENATE BILL NO. 11(JUD) An Act relating to good time credits for prisoners serving sentences of imprisonment for certain murders. Signing do pass: Senator Halford, Vice Chair, Senator Donley. Signing no recommendation: Senator Torgerson. 1999-02-23 Senate Journal Page 0338 SB 11 Zero fiscal note for the bill and the committee substitute published today from Department of Corrections. The bill was referred to the Finance Committee. SB 24 The Judiciary Committee considered SENATE BILL NO. 24 An Act relating to the adoption, amendment, repeal, legislative review, and judicial review of regulations; and amending Rule 202, Alaska Rules of Appellate Procedure and recommended it be replaced with CS FOR SENATE BILL NO. 24(JUD) An Act relating to regulations; relating to administrative adjudications; amending Rule 65, Alaska Rules of Civil Procedure; and providing for an effective date. Signing do pass: Senator Halford, Vice Chair, Senator Donley. Signing no recommendation: Senators Torgerson, Ellis. Fiscal notes for the bill and the committee substitute published today from Department of Transportation and Public Facilities, Department of Public Safety, Department of Health and Social Services, Department of Natural Resources, Department of Revenue, Department of Law, Department of Fish and Game, Department of Administration, Department of Labor (6), Department of Environmental Conservation, Department of Education, Department of Commerce and Economic Development (3), Office of the Governor (2), Alaska Court System. Zero fiscal notes for the bill and the committee substitute published today from Department of Public Safety, Department of Labor, Department of Community and Regional Affairs. The bill was referred to the Finance Committee. 1999-02-23 Senate Journal Page 0339 Introduction and Reference of Senate Bills SB 86 SENATE BILL NO. 86 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to boat safety, equipment, reporting, liability, registration, numbering, fees, penalties, and enforcement; establishing a uniform state waterway marking system; and providing an effective date. was read the first time and referred to the Transportation, Resources and Finance Committees. Fiscal note published today from Department of Administration. Zero fiscal note published today from Department of Natural Resources. Governors transmittal letter dated February 23: Dear President Pearce: Alaska's recreational boating death rate averages 22 persons a year which is 10 times the national average based on the ratio of deaths to the number of registered boats. In 1998, 38 people died in recreational boating accidents on Alaska waters. Yet Alaska remains the only state in the Union without a comprehensive boating safety program. Because of this, the U.S. Coast Guard currently registers boats for the state. This bill I transmit today would establish a state- operated boat registration and state boating safety program in the interest of making the best effort possible at saving lives on our waters. Last year, I created the Office of Boating Safety within the Department of Natural Resources to organize boating safety education in the state. The Alaska Boating Safety Council, made up of boat users, dealers, regional health corporations, tribal groups and the Coast Guard, was formed to head up this effort. As a result, Alaska 1999-02-23 Senate Journal Page 0340 SB 86 now has its first state boating handbook covering registration, equipment requirements, and waterway rules. By taking this next step into a complete boating registration and safety program, Alaska would qualify for full federal funding available under the Federal Boat Safety Act of 1971. Staff at the Department of Natural Resources informs me that federal funding could be as much as $600,000 per year. This bill would designate the Department of Natural Resources as the agency primarily responsible for implementing the state's program. However, the bill would charge the Department of Administration with primary responsibility for the state system of boat numbering and registration. The bill would require the numbering and registration of boats consistent with national standards established by the Coast Guard. Boat dealers would be authorized to register boats at the point of sale. The fee for boat registration would be $24 for three years, similar to the Coast Guard's currently proposed fee. Boats validly registered in other states or countries would be exempt from registration in Alaska for a period of 90 days. In addition, boats "documented" by the Coast Guard, and non-motorized canoes, kayaks, sailboats, and rowboats, would not be required to register in Alaska. All boats on Alaska waters would have to comply with regulations governing boat safety equipment, similar to that required by the Coast Guard. The bill would also require boats to carry Coast Guard- approved personal flotation devices for all persons on board boats in Alaska waters. Boat operators would be required to report all boat accidents involving serious injury or property damage over $500 to the Department of Natural Resources. Accident reports would be confidential and used by the department for statistical reporting purposes. 1999-02-23 Senate Journal Page 0341 SB 86 Finally, the bill would permit the state to establish standards for a uniform system of waterway markers compatible with the Coast Guard system of aids to navigation. It also contains penalties for violations of its substantive provisions. Support for a state-operated boat registration and safety program is widespread -- from private industry, to boating organizations, to local, state and federal government agencies. With the passage of this bill, Alaska would join the other 49 states and territories in their commitment to reduce tragic boating accidents and fatalities and enhancing Alaska's superlative boating opportunities. Sincerely, /s/ Tony Knowles Governor SB 87 SENATE BILL NO. 87 BY THE SENATE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: An Act requiring a license to sell rental car insurance. was read the first time and referred to the Labor and Commerce and Judiciary Committees. Consideration of the Calendar Citations Honoring - Beverly A. Ward Representative(s) Hudson, Kerttula Senator(s) Elton, Pearce, Ward, Halford, Miller, Adams, Hoffman, Tim Kelly, Taylor, Lincoln, Wilken, Parnell, Phillips, Leman, Green, Pete Kelly 1999-02-23 Senate Journal Page 0342 Recognizing - Iron Dog Gold Rush Classic Snowmobile Race Representative(s) Masek Senator(s) Green, Ward, Halford, Pearce, Adams, Hoffman, Tim Kelly, Taylor, Lincoln, Wilken, Elton, Parnell, Leman, Pete Kelly Commemorating - The Tenth Anniversary of the Anchorage Youth Court Representative(s) Berkowitz Senator(s) Pearce, Ward, Ellis, Hoffman, Tim Kelly, Taylor, Lincoln, Wilken, Elton, Donley, Parnell, Leman, Green, Pete Kelly In Memoriam - Ruby Rokeberg, Alaska Pioneer Senator(s) Pearce, Ward, Hoffman, Tim Kelly, Taylor, Lincoln, Wilken, Elton, Donley, Parnell, Leman, Green, Halford, Pete Kelly Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Announcements Announcements are at the end of the journal. Adjournment Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 24, 1999. Without objection, the Senate adjourned at 11:27 a.m. Nancy Quinto Secretary of the Senate February 1999 1999-02-23 Senate Journal Page 0343 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 23 Tuesday 09:00 AM 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 + HB 64APPROPRIATIONS FOR Y2K & CORRECTIONS Feb 25 Thursday 09:00 AM OVERVIEW: AK AEROSPACE DEVELOPMENT CORP + SB 7INCREASE LAND GRANT TO UNIV. OF ALASKA + SB 33TASK FORCE ON PRIVATIZATION 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 = HB 64APPROPRIATIONS FOR Y2K & CORRECTIONS Mar 03 Wednesday 08:00 AM KEY CAMPAIGN 12TH ANNUAL PRESENTATION ---------------------------------------- 1999-02-23 Senate Journal Page 0344 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 Feb 24 Wednesday 01:30 PM + SB 48STATE HEALTH INSURANCE ---------------------------------------- JUDICIARY BELTZ ROOM 211 Feb 24 Wednesday 01:30 PM = SB 5MISPRISION OF FELONY = SJR 6DESTROY BRADY BILL RECORDS <REMOVED FROM AGENDA> SB 69ADVISORY VOTE ON ELECTED AG BILLS PREVIOUSLY HEARD/SCHEDULED Feb 26 Friday 01:30 PM BILLS PREVIOUSLY HEARD/SCHEDULED 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 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 ---------------------------------------- 1999-02-23 Senate Journal Page 0345 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 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 -- MEETING CANCELLED -- JOINT W/(H) DCED SUBCOMMITTEE DEPARTMENT OVERVIEW CONTINUATION ---------------------------------------- COMMUNITY AND REGIONAL AFFAIRS CAPITOL ROOM 408 Mar 04 Thursday 03:00 PM DEPARTMENT OVERVIEW ---------------------------------------- ENVIRONMENTAL CONSERVATION BELTZ ROOM 211 Feb 24 Wednesday 03:30 PM REVISED SCHEDULE OVERVIEWS: ENVIRONMENTAL HEALTH (MISSION STATEMENT), COMMISSIONER'S OFFICE/ADMIN SERVICES (MISSION STATEMENT); REVISED MISSION STATEMENTS: DEPARTMENT (BASED ON 2/16 MEETING), SPILL PREVENTION/RESPONSE (BASED ON 2/16 MEETING), STATEWIDE PUBLIC SERVICE (BASED ON 2/16 MEETING) 1999-02-23 Senate Journal Page 0346 FINANCE SUBCOMMITTEES ENVIRONMENTAL CONSERVATION Feb 25 Thursday 04:30 PM REVISED SCHEDULE OVERVIEWS: AIR & WATER QUALITY; (MISSION STATEMENT AND FUND SOURCES) DEC FUNDS (7 SOURCES) Mar 03 Wednesday 03:30 PM REVISED SCHEDULE OVERVIEW: FACILITY CONSTRUCTION AND OPERATION (MISSION STATEMENT); MEASURES: WATER QUALITY, STORAGE TANK ASSISTANCE, FOOD SAFETY AND SANITATION ---------------------------------------- LABOR CAPITOL ROOM 124 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 ---------------------------------------- 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 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 1999-02-23 Senate Journal Page 0347 CHILDREN'S CAUCUS BUTROVICH ROOM 205 Feb 23 Tuesday 12:00 PM FAMILIES FIRST PARTNERSHIP ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM 205 Feb 23 Tuesday 04:00 PM ---------------------------------------- MINORITY CAUCUS GOVERNOR'S CONF RM Feb 23 Tuesday 03:00 PM + JOINT W/(H) MINORITY