Legislature(1999 - 2000)
1999-04-30 Senate Journal
Full Journal pdf1999-04-30 Senate Journal Page 1179 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Second Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:21 a.m. The roll showed seventeen members present. Senators Hoffman, Taylor were excused from a call of the Senate. Senator Leman was absent. Senator Mackie moved and asked unanimous consent that Senator Leman be excused from a call of the Senate today through May 2, for medical reasons. Without objection, Senator Leman was excused. The prayer was offered by the Chaplain, Reverend Wilson Valentine of St. Brendans Episcopal Church. Senator Pete Kelly moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. As the work week draws to a close, the call of service continues for the women and men who do the legislative business that directs, protects and sustains our mutual endeavors and lives. Assist them, Lord God, through Your Divine presence so that they may continue with the understanding of how to administer the vast resources, labors and opportunities of this land and its people. Our lives and times are in the comfort of Your loving embrace; strengthen each of us as we stand against injustice, comfort us when we face defeat or frustration, raise us up when we fall short of Your will for us and guard us in success and accomplishment against pride or conceit. Then, grant to all the knowledge of truth in striving for wholeness and peace in the work that we do as public servants of the State of Alaska. Help us to remember that when this day 1179 1999-04-30 Senate Journal Page 1180 ends, we do not leave Your care and presence, but are connected through a common spirit and purpose. May the blessing of God who creates, redeems and sanctifies be with you all until you come together again in this chamber. Amen. Senator Torgerson led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journal for the one hundred first legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House HB 50 Message dated April 29 was read, stating the Speaker granted additional limited powers of free conference to the House members considering CS FOR HOUSE BILL NO. 50(FIN)(brf sup maj fld) and SENATE CS FOR CS FOR HOUSE BILL NO. 50(FIN) am S (appropriations for the operating and loan program expenses of state government) on the following specific points: Category III Front Section Mental Health - Capital HB 51 Message dated April 29 was read, stating the Speaker granted additional limited powers of free conference to the House members considering CS FOR HOUSE BILL NO. 51(FIN) and SENATE CS FOR CS FOR HOUSE BILL NO. 51(FIN) am S (appropriations for the operating and capital expenses of the mental health program) on the following specific points: Category III Front Section Mental Health - Capital 1999-04-30 Senate Journal Page 1181 SB 56 Message dated April 29 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 56(L&C) An Act allowing the disclosure of reports with regard to inspection and investigations of certain health care facilities, home health agencies, hospice programs, and assisted living homes; authorizing the Department of Health and Social Services to license home health agencies; and providing for an effective date. The bill was referred to the Secretary for enrollment. Message dated April 29 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 131 HOUSE BILL NO. 131 BY REPRESENTATIVES GREEN, Bunde, Rokeberg, entitled: An Act relating to public rights-of-way and easements for surface transportation across the Anchorage Coastal Wildlife Refuge. was read the first time and referred to the Transportation and Finance Committees. HB 151 CS FOR HOUSE BILL NO. 151(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: An Act relating to revocation and reinstatement of the drivers license of a person at least 14 but not yet 21 years of age. 1999-04-30 Senate Journal Page 1182 HB 151 was read the first time and referred to the Judiciary Committee. SB 57 Message dated April 29 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 57(FIN) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 57(JUD) An Act relating to vulnerable adults; and providing for an effective date. President Pearce stated the concur message would be held to May 3. SB 101 Message dated April 29 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 101(FIN) am with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 101(FIN) An Act relating to disasters and to the disaster relief fund. Senator Mackie moved that the Senate concur in the House amendment. Senator Ellis objected. Recess Senator Mackie moved and asked unanimous consent that the Senate stand in recess for the purpose of a majority caucus. Without objection, the Senate recessed at 11:38 a.m. After Recess The Senate reconvened at 12:48 p.m. 1999-04-30 Senate Journal Page 1183 Messages from the House Continued SB 101 Senator Mackie restated his motion that the Senate concur in the House amendment and recommended the body vote no. The question being: Shall the Senate concur in the House amendment? The roll was taken with the following result: HCS CSSB 101(FIN) Shall the Senate Concur in the House Amendment to CSSB 101(FIN) am? YEAS: 4 NAYS: 7 EXCUSED: 3 ABSENT: 6 Yeas: Adams, Ellis, Elton, Lincoln Nays: Donley, Halford, Kelly Tim, Mackie, Miller, Pearce, Torgerson Excused: Hoffman, Leman, Taylor Absent: Green, Kelly Pete, Parnell, Phillips, Ward, Wilken and so, the Senate failed to concur. The Secretary was requested to notify the House of the Senates action and request the House to recede from its amendment. In the event the House fails to recede, the President appointed a Conference Committee to meet with a like committee from the House to consider the bills: Senator Halford, Chair Senator Parnell Senator Hoffman Standing Committee Reports SB 71 The Labor and Commerce Committee considered SENATE BILL NO. 71 An Act relating to licensure by the State Medical Board and recommended it be replaced with 1999-04-30 Senate Journal Page 1184 SB 71 CS FOR SENATE BILL NO. 71(L&C) Signing do pass: Senator Mackie, Chair, Senator Tim Kelly. Signing no recommendation: Senator Donley. Previous zero fiscal note. The bill was referred to the Rules Committee. SB 128 The Finance Committee considered SENATE BILL NO. 128 An Act relating to the storage tank assistance fund; eliminating the grant portion of a program relating to risk assessment, containment, corrective action, and cleanup of underground petroleum storage tank systems and replacing the grant portion with a loan program; relating to discharges from underground petroleum storage tank systems; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 128(FIN) (forthcoming) Signing do pass: Senator Torgerson, Cochair, Senators Phillips, Donley. Signing no recommendation: Senators Green, Pete Kelly, Adams, Wilken. Fiscal note information forthcoming. The bill was referred to the Rules Committee. SB 133 The Finance Committee considered SENATE BILL NO. 133 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 and recommended it be replaced with 1999-04-30 Senate Journal Page 1185 SB 133 CS FOR SENATE BILL NO. 133(FIN) An Act creating and providing for the Regulatory Commission of Alaska and transferring to it certain powers and duties of the Alaska Public Utilities Commission; transferring regulation of pipelines to the Alaska Oil and Gas Conservation Commission; repealing the Alaska Public Utilities Commission; relating to the powers of the chair of the Regulatory Commission of Alaska; relating to regulatory cost charges for public utilities; relating to the appellate procedures of the Regulatory Commission of Alaska; and providing for an effective date. Signing do pass: Senator Torgerson, Chair. Signing no recommendation: Senators Green, Pete Kelly, Adams. Signing amend: Senator Donley. Fiscal note published today from Department of Administration. The bill was referred to the Rules Committee. SB 160 The Transportation Committee considered SENATE BILL NO. 160 An Act establishing a passenger surcharge on persons transported by the Alaska Railroad; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 160(TRA) An Act relating to acquisition of federal land or federal property by the Alaska Railroad Corporation; establishing a passenger surcharge on persons transported by the Alaska Railroad; and providing for an effective date. 1999-04-30 Senate Journal Page 1186 SB 160 Signing do pass: Senator Ward, Chair, Senator Pearce. Signing no recommendation: Senator Halford. Signing amend: Senator Lincoln. Fiscal notes published today from Department of Revenue, Department of Commerce and Economic Development. The bill was referred to the Finance Committee. HJR 27 The State Affairs Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 27(STA) Relating to the maritime boundary between Alaska and the former Union of Soviet Socialist Republics. Signing do pass: Senator Ward, Chair, Senators Phillips, Green. Signing no recommendation: Senator Wilken. Previous House zero fiscal note. The resolution was referred to the Rules Committee. HJR 34 The State Affairs Committee considered HOUSE JOINT RESOLUTION NO. 34 Relating to the federal estate and gift taxes. Signing do pass: Senator Ward, Chair, Senators Phillips, Green, Wilken. Previous House zero fiscal note. The resolution was referred to the Rules Committee. HB 189 The State Affairs Committee considered CS FOR HOUSE BILL NO. 189(FIN) An Act authorizing the Alaska Housing Finance Corporation to acquire the building that it occupies for an amount that does not exceed $6,650,000; and providing for an effective date. Signing no recommendation: Senator Ward, Chair, Senators Phillips, Green, Wilken, Elton. 1999-04-30 Senate Journal Page 1187 HB 189 Previous House fiscal note. The bill was referred to the Finance Committee. Introduction and Reference of Senate Bills SB 167 SENATE BILL NO. 167 BY SENATORS WILKEN, Tim Kelly, Pete Kelly, entitled: An Act relating to scholarships to attend the University of Alaska; establishing the Alaska scholars program; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 168 SENATE BILL NO. 168 BY SENATOR WARD, entitled: An Act relating to a tuition voucher system for education, and to a land endowment for public education. was read the first time and referred to the Health, Education and Social Services and Finance Committees. Consideration of the Calendar Citations Honoring - The Centennial of the American Society of Landscape Architects Senator(s) Elton, Adams, Hoffman, Lincoln, Wilken, Pete Kelly, Parnell, Green, Tim Kelly, Taylor, Mackie, Pearce, Leman Representative(s) Kerttula, Hudson 1999-04-30 Senate Journal Page 1188 Honoring - Paul Sorenson Representative(s) Smalley Senator(s) Adams, Hoffman, Lincoln, Elton, Wilken, Pete Kelly, Green, Tim Kelly, Taylor, Mackie, Pearce, Leman Honoring - Yakutat Eagles Girls High School Basketball Team Representative(s) Kookesh Senator(s) Mackie, Adams, Hoffman, Lincoln, Elton, Wilken, Pete Kelly, Parnell, Green, Tim Kelly, Taylor, Pearce, Leman Honoring - Angoon Eagles Boys High School Basketball Team Representative(s) Kookesh Senator(s) Mackie, Adams, Hoffman, Lincoln, Elton, Wilken, Pete Kelly, Parnell, Green, Tim Kelly, Taylor, Pearce, Leman Honoring - Klawock Chieftains Girls High School Basketball Team, Alaska State Champs Representative(s) Kookesh Senator(s) Mackie, Adams, Hoffman, Lincoln, Elton, Wilken, Pete Kelly, Parnell, Green, Tim Kelly, Taylor, Pearce, Leman Honoring - Skagway Panthers Boys High School Basketball Team Representative(s) Kookesh Senator(s) Mackie, Adams, Hoffman, Lincoln, Elton, Wilken, Pete Kelly, Parnell, Green, Tim Kelly, Taylor, Pearce, Leman 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. Announcements Announcements are at the end of the journal. 1999-04-30 Senate Journal Page 1189 Enrollment SB 102 SENATE BILL NO. 102 An Act designating the State Trooper Bruce A. Heck Memorial Corridor was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:55 a.m., April 30, 1999. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 3, 1999. Without objection, the Senate adjourned at 1:00 p.m. Nancy Quinto Secretary of the Senate April 1999 1999-04-30 Senate Journal Page 1190 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 30 Friday 9:00 AM += SB 128STORAGE TANK ASSISTANCE FUND += SB 140COASTAL ZONE MANAGEMENT TO DNR += SB 151MUNICIPAL PROPERTY TAX EXEMPTIONS += SB 157POWER COST EQUALIZATION + SB 67GOVERNOR'S INC TAX:INDIVID/EST/TRUSTS BILLS PREVIOUSLY HEARD/SCHEDULED Apr 30 Friday 1:30 PM -- MEETING CANCELLED -- May 01 Saturday 10:00 AM -- MEETING CANCELLED -- BILLS PREVIOUSLY HEARD/SCHEDULED May 03 Monday 9:00 AM SB 135METROPOLITAN PLANNING AUTHORITY BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 May 03 Monday 1:30 PM = SB 117INSURANCE FOR SCHOOL DISTRICTS = SB 94MEDICAL USE OF MARIJUANA HJR 36AMERICAN PSYCHOLOGICAL ASSOCIATION REPORT SB 61TEACHERS'LICENSES, DISCIPLINE & ETHICS SB 80PUB.ASSISTANCE:PROGRAMS/GRANTS/CONTRACTS SB 167UOA SCHOLARSHIPS/ALASKA SCHOLARS PROGRAM 1999-04-30 Senate Journal Page 1191 HEALTH, EDUCATION & SOCIAL SERVICES May 05 Wednesday 1:30 PM BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- JUDICIARY BELTZ 211 Apr 30 Friday 1:30 PM -- MEETING CANCELLED -- HJR 29ENDORSE FED COURT OF APPEALS/9TH CIRCUIT + BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- RESOURCES BUTROVICH 205 Apr 30 Friday 3:00 PM -- MEETING CANCELLED -- BILLS PREVIOUSLY HEARD/SCHEDULED May 03 Monday 3:00 PM + CONFIRMATION HEARING: BD OF FISHERIES BILLS PREVIOUSLY HEARD/SCHEDULED FINANCE SUBCOMMITTEES CAPITAL BUDGET FINANCE SUBCOMMITTEE LOCATION TO BE ANNOUNCED May 03 Monday 8:30 AM SB 32CAPITAL BUDGET APPROPRIATIONS JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 50 & HB 51 SENATE FINANCE 532 May 03 Monday 4:00 PM ITEMS TO BE ANNOUNCED OTHER MEETINGS CHILDREN'S CAUCUS BUTROVICH 205 May 04 Tuesday 12:00 PM FORMER FOSTER CHILD PANEL 1999-04-30 Senate Journal Page 1192 MAJORITY CAUCUS BUTROVICH 205 Apr 30 Friday 11:40 AM -------------------------------------- Rule 23(d) is currently in effect