Legislature(1999 - 2000)
1999-04-01 Senate Journal
Full Journal pdf1999-04-01 Senate Journal Page 0763 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska Seventy-third Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:19 a.m. The roll showed sixteen members present. Senators Adams, Hoffman, Mackie, Phillips were excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Leon Thompson, of Chapel by the Lake Church. Senator Lincoln moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear God, As this week comes to a close we give thanks that You have been present with us throughout the events of this week. We pray for safe journeys for those here who will be traveling to their homes. We pray for a joyous and meaningful weekend and a time of renewal and rest. As the Senators return to their work this next week guide them through the remaining days of this session. Help them in the many decisions to be made and the work that has been entrusted to them by the people of this great land we call Alaska. We continue to pray for resolution to the war in Kosovo. Bring those in places of leadership to find ways to bring about peace. Be with all of those persons caught in the grips of war. Help all of us to act with courage and wisdom. Where there is need to confront, let us do it with a spirit of love. Where there is a need to listen, give us ears to hear. Where there is need for vision, give us eyes to see. Where there is need to speak, give us courage to proclaim the truth. Where there is need for justice, let us stand boldly for that which is right. 763 1999-04-01 Senate Journal Page 0764 Oh God, may these Senators work for the good of all the peoples of this land. Surround them with Your presence and help them to continually call upon Your strength and wisdom in all that they do. This prayer we offer to You in honor of all You have done for us and will continue to do. Amen. Senator Leman led the Senate in the Pledge of Allegiance. Certification Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the journal for the seventy-second legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House HJR 12 Message dated March 31 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE JOINT RESOLUTION NO. 12(FIN), thus adopting: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 12(FIN) Relating to federal claims against funds obtained by settlement of state tobacco litigation. HB 76 Message dated March 31 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 76(RLS) am, thus adopting: CS FOR HOUSE BILL NO. 76(RLS) am S An Act relating to an exemption from and deferral of payment on municipal taxes on deteriorated property; and providing for an effective date. 1999-04-01 Senate Journal Page 0765 Message dated March 31 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 15 CS FOR HOUSE JOINT RESOLUTION NO. 15(RES) BY THE HOUSE RESOURCES COMMITTEE, Relating to support for the American Land Sovereignty Protection Act in the United States Congress. was read the first time and referred to the Resources Committee. First Reading and Reference of House Bills HB 128 CS FOR HOUSE BILL NO. 128(RLS) BY THE HOUSE RULES COMMITTEE, entitled: An Act relating to lease-purchases of personal property. was read the first time and referred to the Labor and Commerce Committee. Special Order of Business Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. Senator Leman moved and asked unanimous consent that all Senators be shown as cosponsors on the citation. Without objection, it was so ordered. 1999-04-01 Senate Journal Page 0766 Special Order of Business Honoring - Mary and Will Arthur, Senate Sergeants-at-Arms Senator(s) Tim Kelly, Pearce, Halford, Miller, Mackie, Adams, Hoffman, Phillips, Lincoln, Leman, Donley, Ellis, Elton, Green, Pete Kelly, Parnell, Taylor, Torgerson, Ward, Wilken Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Standing Committee Reports SCR 7 The Resources Committee considered SENATE CONCURRENT RESOLUTION NO. 7 Supporting the responsible development of the Tulsequah Chief Mine through the cooperative effort of Alaska and British Columbia and urging Governor Knowles to withdraw his request for a referral of the Tulsequah Chief Mine to the International Joint Commission under the Boundary Waters Treaty, and recommended it be replaced with CS FOR SENATE CONCURRENT RESOLUTION NO. 7(RES) Signing do pass: Senator Halford, Chair, Senators Parnell, Pete Kelly, Green. Signing amend: Senator Lincoln. Zero fiscal note published today from the Senate Resources Committee. The resolution was referred to the Rules Committee. SB 1 Forthcoming fiscal note for the Judiciary Committee Substitute (page 597) for SENATE BILL NO. 1 An Act relating to good time and release on mandatory parole published today from Department of Corrections. 1999-04-01 Senate Journal Page 0767 SB 24 The Finance 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(FIN) An Act relating to regulations; amending Rule 65, Alaska Rules of Civil Procedure; and providing for an effective date. Signing do pass: Senators Torgerson, Parnell, Cochairs, Senator Donley. Signing no recommendation: Senators Green, Pete Kelly, Leman, Wilken. Fiscal note information forthcoming. The bill was referred to the Rules Committee. SB 33 The Finance Committee considered SENATE BILL NO. 33 An Act relating to the Task Force on Privatization; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 33(FIN) (forthcoming) Signing do pass: Senators Parnell, Torgerson, Cochairs, Senators Green, Leman. Signing no recommendation: Senators Pete Kelly, Donley. Previous indeterminate fiscal note. The bill was referred to the Rules Committee. SB 42 The Finance Committee considered SENATE BILL NO. 42 An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date and recommended the adoption of the Judiciary Committee Substitute offered on page 680. Signing do pass: Senator Torgerson, Cochair. Signing no recommendation: Senators Green, Pete Kelly, Leman, Wilken, Donley. 1999-04-01 Senate Journal Page 0768 SB 42 Previous zero fiscal note. The bill was referred to the Rules Committee. SB 68 Forthcoming fiscal notes for the Resources Committee Substitute (page 734) for SENATE BILL NO. 68 An Act relating to cooperation with federal programs relating to management of fish and game published today from Department of Fish and Game (5). SB 100 The Finance Committee considered SENATE BILL NO. 100 An Act relating to the payment by indigent persons for legal services and related costs and recommended it be replaced with CS FOR SENATE BILL NO. 100(FIN) (forthcoming) Signing do pass: Senator Torgerson, Cochair, Senators Green, Wilken, Leman, Donley. Signing no recommendation: Senator Parnell, Cochair, Senator Pete Kelly. Previous zero and fiscal notes. The bill was referred to the Rules Committee. SB 101 The Finance Committee considered SENATE BILL NO. 101 An Act amending the definition of disaster and recommended it be replaced with CS FOR SENATE BILL NO. 101(FIN) An Act relating to disasters and to the disaster relief fund. Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Green, Pete Kelly, Leman, Wilken, Donley. Fiscal note information forthcoming. 1999-04-01 Senate Journal Page 0769 SB 101 The bill was referred to the Rules Committee. SB 107 The Labor and Commerce Committee considered SENATE BILL NO. 107 An Act relating to tourism and tourism marketing; eliminating the Alaska Tourism Marketing Council; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 107(L&C) Signing no recommendation: Senator Mackie, Chair, Senators Leman, Donley. Fiscal note published today from Department of Commerce and Economic Development. The bill was referred to the Finance Committee. HJR 11 The Resources Committee considered HOUSE JOINT RESOLUTION NO. 11 Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas exploration, development, and production, and recommended it be replaced with SENATE CS FOR HOUSE JOINT RESOLUTION NO. 11(RES) Signing do pass: Senator Halford, Chair, Senators Parnell, Green, Pete Kelly. Signing no recommendation: Senator Lincoln. Previous House zero fiscal note. The resolution was referred to the Rules Committee. 1999-04-01 Senate Journal Page 0770 HJR 13 The Resources Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 13(FIN) Relating to using oil spill settlement funds to create a long-term research and monitoring endowment. Signing do pass: Senator Halford, Chair, Senators Parnell, Pete Kelly, Green. Signing no recommendation: Senator Lincoln. Previous House zero fiscal note. The resolution was referred to the Finance Committee. Introduction and Reference of Senate Bills SB 130 SENATE BILL NO. 130 BY SENATOR PETE KELLY, entitled: An Act relating to immunity for sale or transfer of a firearm; relating to administrative functions performed by and fees charged by the Department of Public Safety for transfer of a firearm. was read the first time and referred to the Judiciary and Finance Committees. SB 131 SENATE BILL NO. 131 BY THE SENATE FINANCE COMMITTEE, entitled: An Act related to grants to nonprofit regional corporations for village public safety officers. was read the first time and referred to the Community and Regional Affairs and Finance Committees. SB 132 SENATE BILL NO. 132 BY THE SENATE FINANCE COMMITTEE, entitled: 1999-04-01 Senate Journal Page 0771 SB 132 An Act transferring some of the functions of the Department of Environmental Conservation to the Department of Natural Resources; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. SB 133 SENATE BILL NO. 133 BY SENATOR PEARCE, entitled: An Act creating and providing for the Alaska Energy Conservation Commission and transferring to it the powers and duties of the Alaska Public Utilities Commission and the Alaska Oil and Gas Conservation Commission; repealing the Alaska Public Utilities Commission and the Alaska Oil and Gas Conservation Commission; relating to regulation of waste collection and disposal; relating to the powers of the chair of the Alaska Energy Conservation Commission; relating to the appellate procedures of the Alaska Energy Conservation Commission; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. SB 134 SENATE BILL NO. 134 BY SENATOR PEARCE, entitled: An Act authorizing the Alaska Oil and Gas Conservation Commission to determine the amount of and to collect a charge for operating wells subject to the commissions jurisdiction, and to allocate expenses of investigation and hearing, and repealing the oil and gas conservation tax; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. 1999-04-01 Senate Journal Page 0772 Consideration of the Calendar House Resolutions in Second Reading HJR 28 CS FOR HOUSE JOINT RESOLUTION NO. 28(RES) 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, which had been held in second reading (page 755) was before the Senate. Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE JOINT RESOLUTION NO. 28(RES) was read the third time. The question being: Shall CS FOR HOUSE JOINT RESOLUTION NO. 28(RES) 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, pass the Senate? The roll was taken with the following result: CSHJR 28(RES) Third Reading - Final Passage YEAS: 16 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Donley, Ellis, Elton, Green, Halford, Kelly Pete, Kelly Tim, Leman, Lincoln, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Excused: Adams, Hoffman, Mackie, Phillips and so, CS FOR HOUSE JOINT RESOLUTION NO. 28(RES) passed the Senate, was signed by the President and Secretary and returned to the House. 1999-04-01 Senate Journal Page 0773 Citations Honoring - Pat Ladner and the Alaska Aerospace Development Corporation Senator(s) Pearce, Miller, Adams, Hoffman, Tim Kelly, Wilken, Lincoln, Green, Taylor, Leman, Elton, Mackie, Parnell Honoring - Aniak Halfbreeds Girls Basketball Team, 1A State Tournament and Academic Achievements Representative(s) Morgan Senator(s) Lincoln, Adams, Hoffman, Tim Kelly, Wilken, Pearce, Green, Taylor, Leman, Elton, Mackie, Parnell Honoring - Samuel Sam Oliveri Representative(s) Rokeberg Senator(s) Pearce, Hoffman, Tim Kelly, Wilken, Lincoln, Green, Taylor, Leman, Elton, Mackie, Parnell, Donley, Halford In Memoriam - Bonnie Craig Representative(s) Croft Senator(s) Ellis, Ward, Halford, Adams, Phillips, Hoffman, Tim Kelly, Wilken, Lincoln, Pearce, Green, Taylor, Leman, Elton, Mackie, Parnell, Donley In Memoriam - Carol Ann Mack Representative(s) Davis Senator(s) Torgerson, Adams, Hoffman, Tim Kelly, Wilken, Lincoln, Pearce, Green, Taylor, Leman, Elton, Mackie, Parnell In Memoriam - Paul Sincic Representative(s) Kerttula, Hudson Senator(s) Elton, Hoffman, Tim Kelly, Wilken, Lincoln, Pearce, Green, Taylor, Leman, Mackie, Parnell 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. 1999-04-01 Senate Journal Page 0774 Unfinished Business HB 112 Senator Wilken moved and asked unanimous consent that he be shown as a cross sponsor on HOUSE BILL NO. 112 An Act establishing the Alaska public building fund; and providing for an effective date. Without objection, it was so ordered. Adjournment Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 3:00 p.m., April 6, 1999. Without objection, the Senate adjourned at 11:44 a.m. Nancy Quinto Secretary of the Senate April 1999 1999-04-01 Senate Journal Page 0775 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. SENATE STANDING COMMITTEES + indicates teleconference = indicates bill previously heard/scheduled COMMUNITY & REGIONAL AFFAIRS FAHRENKAMP 203 Apr 07 Wednesday 1:30 PM SB 131ADMIN COSTS VILLAGE PUB SAFETY OFFICERS ---------------------------------------- FINANCE SENATE FINANCE 532 Apr 01 Thursday 8:00 AM = SB 100REIMBURSEMENT FOR PUBLIC DEFENDER = SB 6DISPOSALS OF STATE LAND + BALANCED BUDGET PLAN PRESENTATIONS: -PUBLIC TESTIMONY -LEGISLATIVE FINANCE Apr 02 Friday 8:00 AM NO MEETING SCHEDULED Apr 02 Friday 9:00 AM NO MEETING SCHEDULED Apr 06 Tuesday 6:00 PM SB 57CARE FOR VULNERABLE ADULTS SB 58SERVICES FOR ADULTS WITH LONG-TERM NEEDS SB 106REMAND OF HEALTH FACILITY PAYMNT DECISION BILLS PREVIOUSLY HEARD/SCHEDULED 1999-04-01 Senate Journal Page 0776 FINANCE Apr 07 Wednesday 8:00 AM SB 126REDUCTIONS IN BENEFIT PROGRAMS SB 8MINIMUM REQUIRED PLUMBING FACILITIES SB 52LOCAL EXCHANGE TELEPHONE SERVICE BILLS PREVIOUSLY HEARD/SCHEDULED Apr 07 Wednesday 6:00 PM SB 1NO MANDATORY PAROLE RELEASE WITHOUT GED = SB 11PRISON TIME CREDITS FOR MURDERERS SB 108PROBATION AND PAROLE FEES BILLS PREVIOUSLY HEARD/SCHEDULED Apr 08 Thursday 8:00 AM BALANCED BUDGET PLAN PRESENTATIONS BILLS PREVIOUSLY HEARD/SCHEDULED Apr 08 Thursday 6:00 PM SB 73ASSISTED LIVING FACILITIES SB 111PIONEERS HOME RECEIPTS BILLS PREVIOUSLY HEARD/SCHEDULED Apr 09 Friday 8:00 AM SB 93NAMES OF ORGANIZATIONS & BUSINESSES 9:00 - 11:00 AM BALANCED BUDGET PLAN PRESENTATIONS BILLS PREVIOUSLY HEARD/SCHEDULED Apr 09 Friday 6:00 PM SB 129M/V MALASPINA ACCOUNT <PENDING REFERRAL> BILLS PREVIOUSLY HEARD/SCHEDULED Apr 10 Saturday 10:00 AM SB 88DIETITIANS AND NUTRITIONISTS HB 12RAIL/UTILITY EASEMENT TO AK-CANADA BORDER HB 27GRADUATE STUDENT LOANS HB 10EXTEND CERTIFIED DIRECT-ENTRY MIDWIVES BD HB 71KAWERAK INC AS REGIONAL HOUSING AUTHORITY HB 93RURAL ASSISTANCE HOUSING LOANS BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- 1999-04-01 Senate Journal Page 0777 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Apr 05 Monday 1:30 PM NO MEETING SCHEDULED Apr 07 Wednesday 1:30 PM + SB 71PHYSICIAN LICENSURE CHANGES + SB 97MENTAL HEALTH; RECORDS; TREATMENT BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- JUDICIARY BELTZ 211 Apr 02 Friday 1:30 PM NO MEETING SCHEDULED Apr 05 Monday 1:30 PM NO MEETING SCHEDULED Apr 07 Wednesday 1:30 PM + SJR 18EXXON VALDEZ DAMAGE CLAIMS + SJR 10CONST AM: SUPERMAJORITY FOR TAX LEVIES + SJR 14ELECTION OF ATTORNEY GENERAL BILLS PREVIOUSLY HEARD/SCHEDULED Apr 09 Friday 1:30 PM + SB 123PUBLIC INTEREST LITIGANT: FEES + HB 9PERSONS REQUIRED TO FILE SETTLEMENT INFO BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP 203 Apr 01 Thursday 1:30 PM NO MEETING SCHEDULED Apr 06 Tuesday 1:30 PM NO MEETING SCHEDULED Apr 08 Thursday 1:30 PM SB 56HOME HEALTH AGENCIES/HOSPITALS/HOSPICES SB 59CERTIFICATES OF NEED FOR HEALTH FACILITY SB 82INSURANCE COVERAGE FOR CONTRACEPTIVES 1999-04-01 Senate Journal Page 0778 LABOR & COMMERCE Apr 13 Tuesday 1:30 PM HB 68BOARD OF PHARMACY HB 94ABC BD EMPLOYEES NOT EXEMPT EMPLOYEES HB 123MINIMUM WAGE & OVERTIME EXEMPTIONS Apr 14 Wednesday 8:00 AM BUTROVICH 205 JOINT W/(H) SPECIAL COMMITTEE ON UTILITIES RESTRUCTURING --PRESENTATION BY CH2M HILL UTILITY RESTRUCTURING IN ALASKA Apr 15 Thursday 1:30 PM SB 121EXCISE TAXES ON TRANSIENT LODGING SB 122TOURISM DEVELOPMENT AND MARKETING COUNCIL ---------------------------------------- RESOURCES BUTROVICH 205 Apr 02 Friday 3:00 PM NO MEETING SCHEDULED Apr 05 Monday 3:00 PM NO MEETING SCHEDULED Apr 07 Wednesday 3:00 PM SB 128STORAGE TANK ASSISTANCE FUND BILLS PREVIOUSLY HEARD/SCHEDULED Apr 09 Friday 3:00 PM = SB 90STATE JURISDICTION OVER FISH & GAME = SB 91ENFORCEMENT OF SUBSISTENCE LAWS ---------------------------------------- RULES FAHRENKAMP 203 Apr 01 Thursday 11:50 AM SCR 7TULSEQUAH CHIEF MINE SB 33TASK FORCE ON PRIVATIZATION 1999-04-01 Senate Journal Page 0779 RULES Apr 06 Tuesday ON ADJOURNMENT HB 2REGISTRATION PLATES FOR DISABLED HJR 11ENDORSING ANWR LEASING SB 24REGULATIONS: ADOPTION & JUDICIAL REVIEW SB 101DEFINITION OF DISASTER ---------------------------------------- STATE AFFAIRS BELTZ 211 Apr 01 Thursday 3:30 PM -- MEETING CANCELLED -- SB 102TROOPER HECK MEMORIAL CORRIDOR SCR 6UNIVERSITY OF ALASKA ANNUAL REPORT BILLS PREVIOUSLY HEARD/SCHEDULED Apr 06 Tuesday 3:30 PM NO MEETING SCHEDULED Apr 08 Thursday 3:30 PM = SB 102TROOPER HECK MEMORIAL CORRIDOR SB 104KUSKOKWIM ICE CLASSIC = SCR 6UNIVERSITY OF ALASKA ANNUAL REPORT BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- TRANSPORTATION BUTROVICH 205 Apr 01 Thursday 1:30 PM NO MEETING SCHEDULED Apr 06 Tuesday 1:30 PM NO MEETING SCHEDULED Apr 08 Thursday 1:30 PM SB 129M/V MALASPINA ACCOUNT 1999-04-01 Senate Journal Page 0780 FINANCE SUBCOMMITTEES COMMUNITY AND REGIONAL AFFAIRS CAPITOL 408 Apr 08 Thursday 3:00 PM Apr 15 Thursday 3:00 PM ---------------------------------------- CORRECTIONS BELTZ 211 Apr 01 Thursday 11:30 AM DOC BUDGET DISCUSSION ---------------------------------------- FISH & GAME SENATE FINANCE 532 Apr 09 Friday 12:15 PM BUDGET PRECLOSING Apr 12 Monday 12:15 PM BUDGET CLOSEOUT ---------------------------------------- LAW FAHRENKAMP 203 Apr 08 Thursday 5:00 PM BUDGET CLOSEOUT ---------------------------------------- NATURAL RESOURCES SENATE FINANCE 532 Apr 01 Thursday 4:00 PM CLOSEOUT ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES SENATE FINANCE 532 Apr 08 Thursday 2:30 PM BUDGET PRECLOSING Apr 13 Tuesday 2:30 PM BUDGET CLOSEOUT ---------------------------------------- 1999-04-01 Senate Journal Page 0781 FINANCE SUBCOMMITTEES CAPITAL BUDGET FINANCE SUBCOMMITTEE SENATE FINANCE 532 Apr 07 Wednesday 3:30 PM OVERVIEW OF FY/00 DOTPF BUDGET REQUESTS PRIOR YEAR CAPITAL APPROPS DISCUSSION Apr 08 Thursday 12:00 PM CONTINUATION OF APRIL 7 HEARING OVERVIEW OF DOTPF BUDGET REQUESTS OTHER MEETINGS CHILDREN'S CAUCUS BUTROVICH 205 Apr 06 Tuesday 12:00 PM CHILD ABUSE AWARENESS CAMPAIGN Apr 20 Tuesday 12:00 PM EARLY BRAIN DEVELOPMENT Apr 27 Tuesday 12:00 PM SAFE SCHOOLS PRESENTATION