Legislature(1999 - 2000)
1999-04-14 Senate Journal
Full Journal pdf1999-04-14 Senate Journal Page 0913 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska Eighty-sixth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:14 a.m. The roll showed nineteen members present. Senator Taylor was excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Richard Green of the Glacier Valley Church of God. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Father, we come boldly before Your throne of grace today by our ever-living Intercessor and High Priest Who can be touched by the feelings of our weaknesses. We come to obtain mercy (not getting what we do deserve) and to find grace (getting what we do not deserve) to help in our time of need. (Hebrews 4:15-16) We humbly acknowledge that we need Your help. You understand precisely what our needs are. We present them to You appropriating the promise from Your Word that You will supply all our need according to Your riches in glory by Christ Jesus. Now to our God and Father be glory forever and ever. (Phillippians 4:19-20) Amen. Senator Adams led the Senate in the Pledge of Allegiance. 913 1999-04-14 Senate Journal Page 0914 Certification Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the journal for the eighty-fifth 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: Alaska Salmon Enhancement Program, 1998 Annual Report from Marianne McNair, Research Analyst, Division of Commercial Fisheries, Department of Fish and Game Standing Committee Reports SB 52 The Finance Committee considered SENATE BILL NO. 52 An Act relating to competition in the provision of local exchange telephone service; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 52(FIN) Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Pete Kelly, Leman, Donley. Signing do not pass: Senators Phillips, Green, Adams. Signing no recommendation: Senator Wilken. Fiscal note information forthcoming. The bill was referred to the Rules Committee. 1999-04-14 Senate Journal Page 0915 HB 68 The Labor and Commerce Committee considered HOUSE BILL NO. 68 An Act extending the termination date of the Board of Pharmacy to June 30, 2005; and providing for an effective date. Signing do pass: Senator Mackie, Chair, Senators Tim Kelly, Leman, Hoffman. Previous House zero fiscal note. The bill was referred to the Finance Committee. HB 94 The Labor and Commerce Committee considered HOUSE BILL NO. 94 An Act removing employees of the Alcoholic Beverage Control Board from the exempt service. Signing do pass: Senator Mackie, Chair, Senator Tim Kelly. Signing no recommendation: Senators Donley, Hoffman, Leman. Previous House zero fiscal note. The bill was referred to the Finance Committee. HB 128 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 128(RLS) An Act relating to lease-purchases of personal property. Signing do pass: Senator Mackie, Chair, Senators Tim Kelly, Donley, Leman. Signing no recommendation: Senator Hoffman. Previous House zero fiscal notes. The bill was referred to the Rules Committee. SB 24 The Rules 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing do not pass: Senator Ellis. 1999-04-14 Senate Journal Page 0916 SB 24 The bill is on todays calendar. HB 9 The Rules Committee considered HOUSE BILL NO. 9 An Act relating to collection of settlement information in civil litigation; amending Rule 41(a)(3), Alaska Rules of Civil Procedure, and Rule 511(e), Alaska Rules of Appellate Procedure; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. The bill is on todays calendar. Consideration of the Calendar Second Reading of Senate Bills SB 24 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 was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 767. Senator Ellis objected, then withdrew his objection. There being no further objections, 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 was adopted and read the second time. Senator Donley offered Amendment No. 1 : 1999-04-14 Senate Journal Page 0917 SB 24 Page 7, line 9, following "section.": Insert "A person may not obtain a temporary restraining order, a preliminary injunction, or a permanent injunction from a court to enjoin the operation of a regulation based on a failure to comply with this section." Page 7, line 12: Delete "or" Page 7, line 16, following "state": Insert "; or (3) that would reduce the regulatory burden on the public" Page 10, line 23, following "Act,": Insert "AS 44.62.035(f), enacted by sec. 4 of this Act, AS 44.62.213(c), enacted by sec. 10 of this Act, Senator Donley moved for the adoption of Amendment No. 1. Senator Ellis objected, then withdrew his objection. Senator Elton objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 24(FIN) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 24(FIN) am An Act relating to regulations; amending Rule 65, Alaska Rules of Civil Procedure; and providing for an effective date pass the Senate? The roll was taken with the following result: 1999-04-14 Senate Journal Page 0918 SB 24 CSSB 24(FIN) am Third Reading - Final Passage Effective Date Court Rule YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln Excused: Taylor and so, CS FOR SENATE BILL NO. 24(FIN) am passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule change. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. Second Reading of House Bills HB 9 HOUSE BILL NO. 9 An Act relating to collection of settlement information in civil litigation; amending Rule 41(a)(3), Alaska Rules of Civil Procedure, and Rule 511(e), Alaska Rules of Appellate Procedure; and providing for an effective date was read the second time. Senator Mackie moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. 1999-04-14 Senate Journal Page 0919 HB 9 HOUSE BILL NO. 9 was read the third time. The question being: Shall HOUSE BILL NO. 9 An Act relating to collection of settlement information in civil litigation; amending Rule 41(a)(3), Alaska Rules of Civil Procedure, and Rule 511(e), Alaska Rules of Appellate Procedure; and providing for an effective date pass the Senate? The roll was taken with the following result: HB 9 Third Reading - Final Passage Effective Date Court Rules YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Excused: Taylor and so, HOUSE BILL NO. 9 passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause and the vote on the Court Rule changes. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. Citations Honoring - The City of Wasilla, Twenty-Fifth Anniversary Senator(s) Halford, Green, Ward, Miller, Parnell, Leman, Adams, Mackie, Wilken, Hoffman, Pearce, Lincoln, Taylor, Elton, Tim Kelly Representative(s) Kohring 1999-04-14 Senate Journal Page 0920 Honoring - The University of Alaska Southeast Distance Education Program Senator(s) Elton, Ellis, Leman, Adams, Mackie, Wilken, Green, Hoffman, Pearce, Lincoln, Taylor, Tim Kelly Representative(s) Hudson, Kerttula Honoring - Lt. Audie Holloway, Commander, Anchorage Police Department, Crisis Intervention Response Team Senator(s) Leman, Halford, Ward, Miller, Phillips, Donley, Parnell, Adams, Mackie, Wilken, Green, Hoffman, Pearce, Lincoln, Taylor, Elton, Tim Kelly Representative(s) Dyson Congratulations - Hopson Middle School Wrestling Team, Winners of the 1999 Small School State Championship Representative(s) Joule Senator(s) Adams, Parnell, Leman, Mackie, Wilken, Green, Hoffman, Pearce, Lincoln, Taylor, Elton, Tim Kelly Honoring - Joan K. Wadlow Representative(s) Brice Senator(s) Wilken, Miller, Leman, Adams, Mackie, Green, Hoffman, Pearce, Lincoln, Taylor, Elton, Tim Kelly Honoring - Quianna Clay and Erica Cline and the University of Alaska Anchorage Seawolf Speech and Debate Team Senator(s) Tim Kelly, Donley, Ellis, Parnell, Leman, Adams, Mackie, Wilken, Green, Hoffman, Pearce, Lincoln, Taylor, Elton Honoring - UAFs Mathematical Contest in Modeling Champions Representative(s) Davies Senator(s) Wilken, Miller, Ellis, Parnell, Leman, Adams, Mackie, Green, Hoffman, Pearce, Lincoln, Taylor, Elton, Tim Kelly Senator Mackie moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 1999-04-14 Senate Journal Page 0921 Unfinished Business HB 2 The reconsideration on HOUSE BILL NO. 2 An Act relating to issuance of a motor vehicle registration plate to or parking permit for a person who is disabled was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. Senators Miller, Halford moved and asked unanimous consent that they be excused from a call of the Senate on April 16. Without objection, Senators Miller, Halford 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., April 15, 1999. Without objection, the Senate adjourned at 11:55 a.m. Nancy Quinto Secretary of the Senate April 1999 1999-04-14 Senate Journal Page 0922 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 Apr 14 Wednesday 09:00 AM REVIEW & ADOPTION OF SUBCOMMITTEE RECOMMENDATIONS: = SB 30OPERATING BUDGET APPROPRIATIONS HB 50OPERATING BUDGET APPROPRIATIONS SB 31MENTAL HEALTH APPROPRIATIONS HB 51MENTAL HEALTH APPROPRIATIONS Apr 15 Thursday 09:00 AM = SB 30OPERATING BUDGET APPROPRIATIONS = HB 50OPERATING BUDGET APPROPRIATIONS = SB 31MENTAL HEALTH APPROPRIATIONS = HB 51MENTAL HEALTH APPROPRIATIONS Apr 15 Thursday 06:00 PM PUBLIC TESTIMONY: += SB 30OPERATING BUDGET APPROPRIATIONS += HB 50OPERATING BUDGET APPROPRIATIONS += SB 31MENTAL HEALTH APPROPRIATIONS += HB 51MENTAL HEALTH APPROPRIATIONS Apr 16 Friday 09:00 AM = SB 30OPERATING BUDGET APPROPRIATIONS = HB 50OPERATING BUDGET APPROPRIATIONS = SB 31MENTAL HEALTH APPROPRIATIONS = HB 51MENTAL HEALTH APPROPRIATIONS 1999-04-14 Senate Journal Page 0923 FINANCE Apr 17 Saturday 10:00 AM = SB 30OPERATING BUDGET APPROPRIATIONS = HB 50OPERATING BUDGET APPROPRIATIONS = SB 31MENTAL HEALTH APPROPRIATIONS = HB 51MENTAL HEALTH APPROPRIATIONS BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Apr 14 Wednesday 01:30 PM -- MEETING CANCELLED -- BILLS POSTPONED TO 4/19 + SB 125SCHOOL SAFETY PLAN + SB 112POSTSECONDARY CLASS FOR HIGH SCHOOL BRIEFING ON TOBACCO SETTLEMENT BILLS PREVIOUSLY HEARD/SCHEDULED Apr 19 Monday 01:30 PM = SB 125SCHOOL SAFETY PLAN = SB 112POSTSECONDARY CLASS FOR HIGH SCHOOL ---------------------------------------- JUDICIARY BELTZ 211 Apr 14 Wednesday 01:30 PM -- MEETING CANCELLED -- + SB 45LAND OWNER IMMUNITY/ RT-OF-WAY VACATION BILLS PREVIOUSLY HEARD/SCHEDULED Apr 16 Friday 01:30 PM -- MEETING CANCELLED -- BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- LABOR & COMMERCE BELTZ 211 Apr 14 Wednesday 08:00 AM BUTROVICH 205 JOINT W/(H) SPECIAL COMMITTEE ON UTILITIES RESTRUCTURING --PRESENTATION BY CH2M HILL UTILITY RESTRUCTURING IN ALASKA 1999-04-14 Senate Journal Page 0924 LABOR & COMMERCE Apr 15 Thursday 01:30 PM SB 78USE OF DRUGS BY OPTOMETRISTS + SB 121EXCISE TAXES ON TRANSIENT LODGING + SB 122TOURISM DEVELOPMENT AND MARKETING COUNCIL BILLS PREVIOUSLY HEARD/SCHEDULED = HB 123MINIMUM WAGE & OVERTIME EXEMPTIONS ---------------------------------------- RESOURCES BUTROVICH 205 Apr 14 Wednesday 03:00 PM + HJR 15SUPPORT AMERICAN LAND SOVEREIGNTY ACT + SB 132TRANSFERRING CERTAIN DEC FUNCTIONS BILLS PREVIOUSLY HEARD/SCHEDULED Apr 16 Friday 03:00 PM BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- STATE AFFAIRS BELTZ 211 Apr 15 Thursday 03:30 PM + SB 119PFD ALLOWABLE ABSENCES BILLS PREVIOUSLY HEARD/SCHEDULED + PIONEER HOMES PUBLIC HEARING (CONTINUED) ---------------------------------------- TRANSPORTATION BUTROVICH 205 Apr 15 Thursday 01:30 PM SB 135METROPOLITAN PLANNING AUTHORITY FINANCE SUBCOMMITTEES HEALTH & SOCIAL SERVICES SENATE FINANCE 532 Apr 14 Wednesday 01:00 PM BUDGET CLOSEOUT ---------------------------------------- PUBLIC SAFETY FAHRENKAMP 203 Apr 14 Wednesday 07:00 PM BUDGET CLOSEOUT 1999-04-14 Senate Journal Page 0925 FINANCE SUBCOMMITTEES UNIVERSITY OF ALASKA BUTROVICH 205 Apr 14 Wednesday 05:00 PM BUDGET CLOSEOUT ---------------------------------------- CAPITAL BUDGET FINANCE SUBCOMMITTEE SENATE FINANCE 532 Apr 14 Wednesday 03:30 PM + OVERVIEW OF FY/00 DOT CAPITAL BUDGET REQUESTS PRIOR YEAR CAPITAL APPROPRIATIONS DISCUSSION SOUTHEAST PLAN OVERVIEW Apr 15 Thursday 12:00 PM CONTINUATION OF APRIL 14 MEETING JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW FAHRENKAMP 203 Apr 15 Thursday 03:00 PM DEPARTMENT OF TRANSPORTATION + AIRPORT REGULATIONS OTHER MEETINGS CHILDREN'S CAUCUS BUTROVICH 205 Apr 20 Tuesday 12:00 PM EARLY BRAIN DEVELOPMENT Apr 27 Tuesday 12:00 PM SAFE SCHOOLS PRESENTATION ---------------------------------------- MAJORITY CAUCUS BUTROVICH 205 Apr 14 Wednesday 12:00 PM