Legislature(1999 - 2000)

1999-03-26 Senate Journal

Full Journal pdf

1999-03-26                     Senate Journal                      Page 0697
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    TWENTY-FIRST LEGISLATURE - FIRST SESSION                   
                                                                               
Juneau, Alaska                                                                 
                                                                               
                               Sixty-seventh Day                               
                                                                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:22 a.m.                                                           
                                                                               
The roll showed eighteen members present. Senators Hoffman,                    
Mackie were excused from a call of the Senate.                                 
                                                                               
The prayer was offered by the Chaplain, Pastor Greg Lindsay of the             
Northern Light United Church. Senator Lincoln moved and asked                  
unanimous consent that the prayer be spread. Without objection, it             
was so ordered.                                                                
                                                                               
With deepest respect for the spiritual life of each                           
person here, let us pray:                                                      
                                                                               
Almighty God, calm us for a moment into a                                     
quietness that heals our deepest longings, a silence                           
that molds our passions into action, a moment where                            
our dreams and Yours intersect.                                                
                                                                               
This morning turn our wandering thoughts to the                               
important tasks at hand. Give us strength to go                                
another day, courage to speak for those without                                
voice, enough humility not to always insist on our                             
own agendas and compassion enough to listen.                                   
                                              Amen.                            
                                                                               
Senator Lincoln led the Senate in the Pledge of Allegiance.                    
                                                                               
                                                                               
                                      697                                      

1999-03-26                     Senate Journal                      Page 0698
                                Certification                                
                                                                               
Senator Leman, Acting Majority Leader, moved and asked unanimous               
consent that the journal for the sixty-sixth legislative day be                
approved as certified by the Secretary. Without objection, it was so           
ordered.                                                                       
                                                                               
                                                                               
                           Messages from the House                           
                                                                               
Message dated March 25 was read, stating the House passed and                  
transmitted for consideration:                                                 
                                                                               
                                                                               
                        First Reading and Reference of                        
                               House Resolutions                              
                                                                               
HJR 28                                                                       
CS FOR HOUSE JOINT RESOLUTION NO. 28(RES) BY THE                               
HOUSE RESOURCES COMMITTEE,                                                     
                                                                               
Requesting that the National Marine Fisheries                                 
Service and the United States Congress act                                     
immediately to reverse the decline of the Cook Inlet                           
beluga whale population and to regulate the harvest                            
of the beluga whales in Cook Inlet until the beluga                            
whale population has recovered.                                                
                                                                               
was read the first time and referred to the Rules Committee.                   
                                                                               
President Pearce stated the Resources Committee reported CS FOR                
SENATE JOINT RESOLUTION NO. 17(RES) (a similar resolution)                     
out of committee with a do pass, page 645.                                     
                                                                               
                                                                               
                                Communications                               
                                                                               
The following report is on file in the Office of the Secretary of the          
Senate:                                                                        
                                                                               
                                                                               

1999-03-26                     Senate Journal                      Page 0699
Report of the Alaska Board of Parole 1997/1998                                 
from David Cooper, Chair                                                       
in accordance with AS 33.16.060                                                
available at: www.correct.state.ak.us/corrections/parole                       
                                                                               
                                                                               
                          Standing Committee Reports                         
                                                                               
SB 51                                                                        
The Finance Committee considered SENATE BILL NO. 51 An Act                     
relating to barbers, hairdressers, manicurists, and cosmetologists; and        
providing for an effective date and recommended the adoption of                
the Labor and Commerce Committee Substitute offered on page 285.               
Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators               
Phillips, Adams, Wilken, Leman. Signing no recommendation:                     
Senator Donley. Signing amend Department of Environmental                      
Conservation fiscal note: Senator Green.                                       
                                                                               
Fiscal note published today from Department of Environmental                   
Conservation.                                                                  
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 88                                                                        
The Labor and Commerce Committee considered SENATE BILL                        
NO. 88 An Act relating to licensure of dietitians and nutritionists;           
and providing for an effective date and recommended it be replaced             
with                                                                           
                                                                               
CS FOR SENATE BILL NO. 88(L&C)                                                
                                                                               
Signing do pass: Senator Mackie, Chair, Senators Leman, Tim Kelly,             
Donley, Hoffman.                                                               
                                                                               
Fiscal note published today from Department of Commerce and                    
Economic Development.                                                          
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
                                                                               

1999-03-26                     Senate Journal                      Page 0700
SB 93                                                                        
The Labor and Commerce Committee considered SENATE BILL                        
NO. 93 An Act relating to the names of businesses and                          
organizations; and providing for an effective date and recommended             
it be replaced with                                                            
                                                                               
CS FOR SENATE BILL NO. 93(L&C) An Act                                         
relating to the names of businesses and                                        
organizations and to the registration under the                                
Alaska Trademark Act of marks that resemble the                                
name of another business or organization; and                                  
providing for an effective date.                                               
                                                                               
Signing do pass: Senator Mackie, Chair, Senators Tim Kelly, Leman,             
Donley. Signing no recommendation: Senator Hoffman.                            
                                                                               
Fiscal note published today from Department of Commerce and                    
Economic Development.                                                          
                                                                               
President Pearce added a Finance Committee referral.                           
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
SB 106                                                                       
Forthcoming fiscal notes for the Judiciary Committee Substitute (page          
647) for SENATE BILL NO. 106 An Act relating to decisions by                   
the commissioner of health and social services to remand certain               
health facility payment decisions back to the hearing officers; and            
amending Rule 602, Alaska Rules of Appellate Procedure published               
today from Department of Law, Department of Health and Social                  
Services.                                                                      
                                                                               
                                                                               
                  Introduction and Reference of Senate Bills                 
                                                                               
SB 123                                                                       
SENATE BILL NO. 123 BY THE SENATE FINANCE                                      
COMMITTEE, entitled:                                                           
                                                                               
                                                                               

1999-03-26                     Senate Journal                      Page 0701
SB 123                                                                       
An Act relating to public interest litigants and to                           
attorney fees; and amending Rule 82, Alaska Rules                              
of Civil Procedure.                                                            
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               
                        Consideration of the Calendar                        
                                                                               
                        Second Reading of House Bills                        
                                                                               
HB 80                                                                        
CS FOR HOUSE BILL NO. 80(STA) An Act relating to a state                       
employment preference for certain members of the Alaska National               
Guard was read the second time.                                                
                                                                               
Senator Tim Kelly, Chair, moved and asked unanimous consent for                
the adoption of the Rules Senate Committee Substitute offered on               
page 661. Without objection, SENATE CS FOR CS FOR HOUSE                        
BILL NO. 80(RLS) was adopted and read the second time.                         
                                                                               
Senators Halford, Tim Kelly, Taylor, Miller, Leman, Lincoln,                   
Phillips, Elton, Green, Pete Kelly, Donley moved and asked                     
unanimous consent that they be shown as cross sponsors on the bill.            
Without objection, it was so ordered.                                          
                                                                               
Senator Leman, Acting Majority Leader, moved and asked unanimous               
consent that the bill be considered engrossed, advanced to third               
reading and placed on final passage. Without objection, it was so              
ordered.                                                                       
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 80(RLS) was read                           
the third time.                                                                
                                                                               
The question being: Shall SENATE CS FOR CS FOR HOUSE                           
BILL NO. 80(RLS) An Act relating to a state employment                         
preference for certain members of the Alaska National Guard pass               
the Senate? The roll was taken with the following result:                      

1999-03-26                     Senate Journal                      Page 0702
HB 80                                                                        
                                                                               
SCS CSHB 80(RLS)                                                               
Third Reading - Final Passage                                                  
                                                                               
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Ellis, Elton, Green, Halford, Kelly Pete,                
Kelly Tim, Leman, Lincoln, Miller, Parnell, Pearce, Phillips, Taylor,          
Torgerson, Ward, Wilken                                                        
                                                                               
Excused:  Hoffman, Mackie                                                      
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 80(RLS)                            
passed the Senate and was referred to the Secretary for engrossment.           
                                                                               
                                                                               
                                  Citations                                  
                                                                               
Honoring - Claire Matthews, 1999 Interior Alaska Spelling Bee                  
Winner                                                                         
Representative(s) Davies                                                       
Senator(s) Wilken, Miller, Elton, Pearce, Adams, Lincoln, Taylor,              
Hoffman, Tim Kelly, Leman, Pete Kelly                                          
                                                                               
Honoring - The League of Women Voters of Alaska                                
Representative(s) Kerttula, Hudson                                             
Senator(s) Elton, Pearce, Donley, Adams, Ellis, Lincoln, Taylor,               
Hoffman, Tim Kelly, Wilken                                                     
                                                                               
Honoring - Alaska Support Industry Alliance                                    
Representative(s) Porter                                                       
Senator(s) Pearce, Miller, Ward, Donley, Halford, Lincoln, Taylor,             
Hoffman, Tim Kelly, Wilken, Leman, Pete Kelly                                  
                                                                               
In Memoriam - Eddy Lou Thacker                                                 
Representative(s) Coghill                                                      
Senator(s) Pete Kelly, Elton, Pearce, Halford, Lincoln, Taylor,                
Hoffman, Tim Kelly, Wilken, Leman                                              
                                                                               
                                                                               

1999-03-26                     Senate Journal                      Page 0703
In Memoriam - Kenneth W. Carson                                                
Representative(s) Murkowski, Bunde                                             
Senator(s) Leman, Elton, Pearce, Donley, Halford, Lincoln, Taylor,             
Hoffman, Tim Kelly, Wilken, Pete Kelly                                         
                                                                               
In Memoriam - Charles Ohgauk Dickson, Sr.                                      
Representative(s) Foster                                                       
Senator(s) Adams, Elton, Pearce, Lincoln, Taylor, Hoffman, Tim                 
Kelly, Wilken, Leman, 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.                    
                                                                               
                                                                               
                             Unfinished Business                             
                                                                               
SB 95                                                                        
Senator Donley moved and asked unanimous consent that he be                    
shown as a cosponsor on SENATE BILL NO. 95 An Act relating                     
to the combination of grades that constitute junior high, middle, or           
secondary school. Without objection, it was so ordered.                        
                                                                               
SB 108                                                                       
Senators Donley, Taylor moved and asked unanimous consent that                 
they be shown as cosponsors on SENATE BILL NO. 108 An Act                      
relating to fees for probation and parole. Without objection, it was           
so ordered.                                                                    
                                                                               
SB 77                                                                        
The reconsideration on CS FOR SENATE BILL NO. 77(JUD) An                       
Act prohibiting certain civil actions against firearms or ammunition           
manufacturers and dealers was not taken up this legislative day and            
the bill was referred to the Secretary for engrossment.                        
                                                                               
                                                                               

1999-03-26                     Senate Journal                      Page 0704
SB 99                                                                        
The reconsideration on CS FOR SENATE BILL NO. 99(FIN) An                       
Act to clarify the meaning of decennial census of the United States            
in art. VI, Constitution of the State of Alaska, to prevent                    
discrimination in the redistricting of the house of representatives and        
the senate, and to prohibit expenditures of public funds for                   
population surveys or sampling for certain purposes relating to                
legislative redistricting without an appropriation was not taken up            
this legislative day and the bill was referred to the Secretary for            
engrossment.                                                                   
                                                                               
                                                                               
                                Announcements                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 Engrossment                                 
                                                                               
SB 77                                                                        
CS FOR SENATE BILL NO. 77(JUD) An Act prohibiting certain                      
civil actions against firearms or ammunition manufacturers and                 
dealers was engrossed, signed by the President and Secretary and               
transmitted to the House for consideration.                                    
                                                                               
SB 99                                                                        
CS FOR SENATE BILL NO. 99(FIN) An Act to clarify the                           
meaning of decennial census of the United States in art. VI,                   
Constitution of the State of Alaska, to prevent discrimination in the          
redistricting of the house of representatives and the senate, and to           
prohibit expenditures of public funds for population surveys or                
sampling for certain purposes relating to legislative redistricting            
without an appropriation was engrossed, signed by the President and            
Secretary and transmitted to the House for consideration.                      
                                                                               
HB 80                                                                        
SENATE CS FOR CS FOR HOUSE BILL NO. 80(RLS) An Act                             
relating to a state employment preference for certain members of the           
Alaska National Guard was engrossed, signed by the President and               
Secretary and returned to the House for consideration.                         

1999-03-26                     Senate Journal                      Page 0705
                                 Adjournment                                 
                                                                               
Senator Leman, Acting Majority Leader, moved and asked unanimous               
consent that the Senate stand in adjournment until 11:00 a.m., March           
29, 1999. Without objection, the Senate adjourned at 11:34 a.m.                
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                            March 1999         

1999-03-26                     Senate Journal                      Page 0706
                                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                              
Mar 26                           Friday 9:00 AM                                
	9:00 A.M. TO 10:00 A.M.                                                      
	BALANCED BUDGET PLAN/PUBLIC FORUM                                            
	10:00 A.M. TO 11:00 A.M.                                                     
+	SB  51LICENSING OF COSMETOLOGISTS                                           
+	SJR  9CONST. AM: WAYS AND MEANS BILLS                                       
+	HJR 12NO FED. CLAIM ON STATE TOBACCO SETTLEMENT                             
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Mar 29                           Monday 8:00 AM                                
=	SB 101DEFINITION OF DISASTER                                                
=	SB  24REGULATIONS: ADOPTION & JUDICIAL REVIEW                               
+	DFYS AUDIT REVIEW, COMMISSIONER PERDUE                                      
	BALANCED BUDGET PLAN PRESENTATIONS:                                          
	-REVENUE FORECAST, DEPT OF REVENUE                                           
+	-OIL PRODUCTION, DEPT OF NATURAL RESOURCES                                  
	-POPULATION NUMBERS, DEPT OF LABOR                                           
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Mar 30                          Tuesday 8:00 AM                                
+	SB   4OFFICE OF VICTIMS' RIGHTS                                             
	SB 100REIMBURSEMENT FOR PUBLIC DEFENDER                                      
+	BALANCED BUDGET PLAN PRESENTATIONS:                                         
	-SENATOR TIM KELLY, ALASKA MUNICIPAL                                         
	LEAGUE, SENATOR TAYLOR, ROGER CREMO                                          
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
                                                                               

1999-03-26                     Senate Journal                      Page 0707
                                   FINANCE                                   
                                                                               
Mar 31                         Wednesday 8:00 AM                               
=	SB   9PERS CREDIT FOR NONCERTIFICATED EMPLOYEES                             
=	SB  85CREDITED SERVICE FOR TEMP EMPLOYEES:PERS                              
=	SB  33TASK FORCE ON PRIVATIZATION                                           
	BALANCED BUDGET PLAN PRESENTATIONS:                                          
	-PERMANENT FUND CORPORATION, JIM KELLY                                       
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Mar 31                         Wednesday 6:00 PM                               
	SB 113FINANCES OF ALASKA HOUSING FINANCE CORP                                
	SB  421999 REVISOR'S BILL                                                    
	SB  84CIGARETTE SALES: AGREEMENT/ESCROW                                      
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Apr 01                          Thursday 8:00 AM                               
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
	BALANCED BUDGET PLAN PRESENTATIONS:                                          
	-PUBLIC TESTIMONY                                                            
	-LEGISLATIVE FINANCE                                                         
                                                                               
Apr 02                           Friday 9:00 AM                                
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                                 BUTROVICH 205                                 
Mar 29                           Monday 1:30 PM                                
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Mar 31                         Wednesday 1:30 PM                               
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                   BELTZ 211                                   
Mar 26                           Friday 1:30 PM                                
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Mar 29                           Monday 1:30 PM                                
	SB  87RENTAL CAR INSURANCE                                                   
	SB 114IMPERSONATE POLICE/EMERGENCY VEHICLE                                   
+	SJR 19CONST. AM: ADMINISTRATIVE HEARINGS                                    
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               

1999-03-26                     Senate Journal                      Page 0708
                                  JUDICIARY                                  
                                                                               
Mar 31                         Wednesday 1:30 PM                               
	NO MEETING SCHEDULED                                                         
                                                                               
Apr 02                           Friday 1:30 PM                                
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                                 FAHRENKAMP 203                                
Mar 30                          Tuesday 1:30 PM                                
+	SB 107ABOLISH TOURISM MARKETING COUNCIL                                     
                                                                               
Apr 01                          Thursday 1:30 PM                               
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                                 BUTROVICH 205                                 
Mar 26                           Friday 3:00 PM                                
+	SCR  7TULSEQUAH CHIEF MINE                                                  
=	SB  68COOPERATION WITH FEDERAL AGENCIES                                     
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Mar 29                           Monday 3:00 PM                                
	NO MEETING SCHEDULED                                                         
                                                                               
Mar 31                         Wednesday 3:00 PM                               
+	HJR 11ENDORSING ANWR LEASING                                                
+	HJR 13UNIVERSITY ENDOWMENT FOR RESEARCH                                     
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
Apr 02                           Friday 3:00 PM                                
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                                 FAHRENKAMP 203                                
Mar 26                          Friday 11:35 AM                                
=	SB  46NAMING THE CAPITAL SCHOOL BLDG                                        
                                                                               
Mar 29                               Monday                                    
	UPON ADJOURNMENT                                                             
	HJR 21MILITARY BASE REALIGNMENT/CLOSURE ACTIONS                              
	HJR 28COOK INLET BELUGA POPULATION                                           

1999-03-26                     Senate Journal                      Page 0709
                                STATE AFFAIRS                                
                                   BELTZ 211                                   
Mar 30                          Tuesday 3:30 PM                                
	NO MEETING SCHEDULED                                                         
                                                                               
Apr 01                          Thursday 3:30 PM                               
	SB 102TROOPER HECK MEMORIAL CORRIDOR                                         
	SCR  6UNIVERSITY OF ALASKA ANNUAL REPORT                                     
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                                 BUTROVICH 205                                 
Mar 30                          Tuesday 1:30 PM                                
=	HB   2REGISTRATION PLATES FOR DISABLED                                      
=	HB  12RAIL/UTILITY EASEMENT TO AK-CANADA BORDER                             
                                                                               
Apr 01                          Thursday 1:30 PM                               
	NO MEETING SCHEDULED                                                         
                                                                               
                                                                               
                            FINANCE SUBCOMMITTEES                            
                                                                               
                                ADMINISTRATION                               
                                 BUTROVICH 205                                 
Mar 31                         Wednesday 12:30 PM                              
	ALASKA PROFESSIONAL DEVELOPMENT INSTITUTE                                    
	OTHER RELATED TOPICS                                                         
                    ----------------------------------------                   
                                                                               
                                 FISH & GAME                                 
                               SENATE FINANCE 532                              
Mar 26                          Friday 12:15 PM                                
	                                                                             
Mar 29                          Monday 12:15 PM                                
	                                                                             
Mar 31                         Wednesday 12:15 PM                              
                    ----------------------------------------                   
                                                                               
                           HEALTH & SOCIAL SERVICES                          
                                  CAPITOL 408                                  
Mar 30                          Tuesday 3:00 PM                                
	MISSION STATEMENTS AND MEASURES ADOPTION                                     
                    ----------------------------------------                   
                                                                               
                                                                               

1999-03-26                     Senate Journal                      Page 0710
                            FINANCE SUBCOMMITTEES                            
                                                                               
                        MILITARY AND VETERANS AFFAIRS                        
                                 FAHRENKAMP 203                                
Mar 29                           Monday 3:30 PM                                
	MISSION STATEMENTS                                                           
                    ----------------------------------------                   
                                                                               
                              NATURAL RESOURCES                              
                               SENATE FINANCE 532                              
Apr 01                          Thursday 4:00 PM                               
	CLOSEOUT                                                                     
                    ----------------------------------------                   
                                                                               
                      TRANSPORTATION & PUBLIC FACILITIES                     
                               SENATE FINANCE 532                              
Mar 30                          Tuesday 2:30 PM                                
	                                                                             
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                          LEGISLATIVE BUDGET & AUDIT                         
                               HOUSE FINANCE 519                               
Mar 26                          Friday 12:00 PM                                
	CONSIDERATION OF A PRELIMINARY AUDIT                                         
                                                                               
                                OTHER MEETINGS                               
                                                                               
                               ANCHORAGE CAUCUS                              
                               SENATE FINANCE 532                              
Mar 30                          Tuesday 12:00 PM                               
	IF SENATE OR HOUSE FLOOR SESSIONS                                            
	CONTINUE PAST 12:15 P.M. CAUCUS                                              
	WILL BE CANCELLED                                                            
                    ----------------------------------------                   
                                                                               
                               MAJORITY CAUCUS                               
                               SPEAKER'S CHAMBER                               
Mar 30                          Tuesday 4:30 PM                                
	JOINT SENATE AND HOUSE MAJORITY CAUCUS                                       
	WITH CONGRESSMAN DON YOUNG