Legislature(1999 - 2000)

1999-04-30 Senate Journal

Full Journal pdf

1999-04-30                     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