Legislature(1999 - 2000)
1999-05-04 Senate Journal
Full Journal pdf1999-05-04 Senate Journal Page 1215 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Sixth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:23 a.m. The roll showed nineteen members present. Senator Lincoln was excused from a call of the Senate. The prayer was offered by the Chaplain, Envoy Craig Fanning of the Salvation Army. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Father God, for all Your beauty that You share with us in this great state of Alaska, make us truly thankful. Allow each person here the ability to see Your handiwork in a fresh way today. Grant to each lawmaker a clearer understanding of the role they will play in shaping the future of our state. Bless each legislator, staff member, and Senate employee as they give their expertise and diligence to accomplish their appointed tasks this day. In Your Holy Name, Amen. Senator Taylor led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journal for the one hundred fifth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 1215 1999-05-04 Senate Journal Page 1216 Messages from the House SB 33 Message dated May 4 was read stating, the House has failed to recede from its amendments to CS FOR SENATE BILL NO. 33(FIN), namely: HOUSE CS FOR CS FOR SENATE BILL NO. 33(FIN) am H An Act relating to contracts for the performance of certain state functions previously performed by state employees and to the Commission on Privatization and Delivery of Government Services; and providing for an effective date. The Speaker has appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the bills: Representative Cowdery Representative Ogan Representative Brice Senate members appointed May 3: Senator Halford, Chair Senator Pearce Senator Elton Message dated May 3 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 14 SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 14 BY REPRESENTATIVES PHILLIPS, Murkowski, Kerttula, Barnes, Smalley, Berkowitz, Porter, Green, Hudson, Whitaker, Croft, Kemplen, Dyson, Harris, Halcro, Williams, Kapsner, Morgan, James, Cissna, 1999-05-04 Senate Journal Page 1217 HJR 14 Relating to the National Museum of Womens History and the National Museum of Womens History Alaska Council. was read the first time and referred to the Rules Committee. First Reading and Reference of House Bills HB 208 HOUSE BILL NO. 208 BY REPRESENTATIVES MURKOWSKI, Smalley, entitled: An Act relating to professional counselors; and providing for an effective date. was read the first time and referred to the Labor and Commerce Committee. Communications The following reports are on file in the Office of the Secretary of the Senate: Report Card to the Public, A Summary of Statistics from Alaskas Public Schools from Richard Cross, Acting Commissioner, Department of Education in accordance with AS 14.03.120 Alaska Bar Association, 1998 Annual Report from Board of Governors in accordance with AS 08.08.085 1999-05-04 Senate Journal Page 1218 Standing Committee Reports SB 67 The Finance Committee considered SENATE BILL NO. 67 An Act relating to taxation, including taxation of income of individuals, estates, and trusts; and providing for an effective date. Signing do not pass: Senators Torgerson, Parnell, Cochairs, Senators Phillips, Green, Adams, Donley, Wilken, Leman. Signing do pass, to allow for floor vote: Senator Pete Kelly. Previous fiscal note. The bill was referred to the Rules Committee. Recess Senator Mackie moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 11:30 a.m. After Recess The Senate reconvened at 11:58 a.m. Standing Committee Reports Continued Reports dated May 3 were read stating: In accordance with AS 39.05.080, the Senate Resources Committee reviewed the following with regard to confirmation of the Governors appointments: Board of Fisheries Dan Coffey - Anchorage Grant Miller - Sitka Signing the report: Senator Halford, Chair, Senators Green, Mackie, Lincoln. 1999-05-04 Senate Journal Page 1219 Report dated May 3 was read stating: In accordance with AS 39.05.080, the Senate Resources Committee reviewed the following with regard to confirmation of the Governors appointment: Board of Fisheries Virgil Umphenour - Fairbanks Signing the report: Senator Halford, Chair, Senators Green, Lincoln. Senator Mackie signed: do not confirm. SCR 8 The Finance Committee considered SENATE CONCURRENT RESOLUTION NO. 8 Creating the Long-Term Care Task Force of 1999. Signing do pass: Senator Torgerson, Cochair, Senators Adams, Donley, Pete Kelly, Wilken. Signing no recommendation: Senator Parnell, Cochair, Senators Phillips, Green. Previous fiscal note. The bill was referred to the Rules Committee. SB 94 The Health, Education and Social Services Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94 An Act relating to the medical use of marijuana; and providing for an effective date and recommended it be replaced with CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94(HES) Signing do pass: Senator Miller, Chair, Senator Pete Kelly. Signing no recommendation: Senators Pearce, Wilken. Signing do not pass: Senator Elton. Fiscal notes published today from Department of Health and Social Services (2). The bill was referred to the Judiciary Committee. 1999-05-04 Senate Journal Page 1220 SB 128 Forthcoming fiscal note (page 1184) for the Finance Committee Substitute for 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 published today from the Senate Finance Committee. SB 135 The Finance Committee considered SENATE BILL NO. 135 An Act relating to the membership of a metropolitan highway planning organization and recommended it be replaced with CS FOR SENATE BILL NO. 135(FIN) An Act relating to the membership and duties of a metropolitan highway planning organization. Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Phillips, Leman, Donley. Signing no recommendation: Senators Green, Pete Kelly, Wilken, Adams. Previous zero fiscal note. Zero fiscal note published today from the Senate Finance Committee. The bill was referred to the Rules Committee. SB 156 The Finance Committee considered SENATE BILL NO. 156 An Act relating to municipal incorporation, to reclassification of cities, to municipal boundary changes, and to dissolution of municipalities. Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Phillips, Pete Kelly, Donley, Adams, Wilken. Signing no recommendation: Senator Green. Previous zero fiscal note. The bill was referred to the Rules Committee. 1999-05-04 Senate Journal Page 1221 HJR 36 The Health, Education and Social Services Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) am Relating to rejecting the conclusions in a recent article published by the American Psychological Association that suggests that sexual relationships between adults and children might be positive for children; and urging the President of the United States and the United States Congress to similarly reject these conclusions. Signing do pass: Senator Miller, Chair, Senators Wilken, Pearce, Elton, Pete Kelly. Previous House zero fiscal note. The bill was referred to the Rules Committee. SB 29 The Rules Committee considered SENATE BILL NO. 29 An Act relating to licensure of physicians; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 29(RLS) Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Ellis, Miller, Leman. Previous zero fiscal note. The bill is on todays calendar. SB 67 The Rules Committee considered SENATE BILL NO. 67 An Act relating to taxation, including taxation of income of individuals, estates, and trusts; and providing for an effective date. Signing do not pass: Senator Tim Kelly, Chair, Senators Miller, Leman. Signing to calendar: Senator Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. 1999-05-04 Senate Journal Page 1222 SB 71 The Rules Committee considered SENATE BILL NO. 71 An Act relating to licensure by the State Medical Board and recommended it be replaced with CS FOR SENATE BILL NO. 71(RLS) Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. Previous zero fiscal note. The bill is on todays calendar. SB 128 The Rules 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. SB 133 The Rules 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 1999-05-04 Senate Journal Page 1223 SB 133 CS FOR SENATE BILL NO. 133(RLS) An Act creating and relating to the Regulatory Commission of Alaska and transferring to it certain powers and duties of the Alaska Public Utilities 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 to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. Previous fiscal note. The bill is on todays calendar. Introduction and Reference of Senate Resolutions SJR 26 SENATE JOINT RESOLUTION NO. 26 BY SENATOR WARD, Proposing amendments to the Constitution of the State of Alaska relating to education. was read the first time and referred to the State Affairs and Health, Education and Social Services Committees. Introduction and Reference of Senate Bills SB 169 SENATE BILL NO. 169 BY THE SENATE FINANCE COMMITTEE, entitled: 1999-05-04 Senate Journal Page 1224 SB 169 An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2000; and providing for an effective date. was read the first time and referred to the Finance Committee. Consideration of the Calendar Second Reading of Senate Bills SB 29 SENATE BILL NO. 29 An Act relating to licensure of physicians; and providing for an effective date was read the second time. Senator Tim Kelly, Chair, moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 1221. Senator Ellis objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 29(RLS) was adopted and read the second time. 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. 29(RLS) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 29(RLS) An Act relating to licensure of physicians; and providing for an effective date pass the Senate? The roll was taken with the following result: 1999-05-04 Senate Journal Page 1225 SB 29 CSSB 29(RLS) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Excused: Lincoln and so, CS FOR SENATE BILL NO. 29(RLS) 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 Ellis gave notice of reconsideration. SB 71 SENATE BILL NO. 71 An Act relating to licensure by the State Medical Board was read the second time. Senator Tim Kelly, Chair, moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 1222. Without objection, CS FOR SENATE BILL NO. 71(RLS) was adopted and read the second time. 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. 71(RLS) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 71(RLS) An Act relating to licensure by the State Medical Board pass the Senate? The roll was taken with the following result: 1999-05-04 Senate Journal Page 1226 SB 71 CSSB 71(RLS) Third Reading - Final Passage YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Halford Excused: Lincoln and so, CS FOR SENATE BILL NO. 71(RLS) passed the Senate. Senator Miller gave notice of reconsideration. SB 128 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 was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1184. Senator Ellis objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 128(FIN) An Act moving the termination date of the Board of Storage Tank Assistance to June 30, 1999; relating to the storage tank assistance fund, to financial assistance for owners and operators of underground petroleum storage tank systems, and to discharges from underground petroleum storage tank systems; and providing for an effective date was adopted and read the second time. Senator Mackie moved and asked unanimous consent that CS FOR SENATE BILL NO. 128(FIN) be held in second reading to the May 5 calendar. Without objection, it was so ordered. 1999-05-04 Senate Journal Page 1227 SB 133 Senator Mackie moved that 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 be placed at the bottom of todays calendar. Without objection, it was so ordered. SB 67 SENATE BILL NO. 67 An Act relating to taxation, including taxation of income of individuals, estates, and trusts; and providing for an effective date was read the second time. Recess Senator Mackie moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 12:30 p.m. After Recess The Senate reconvened at 1:10 p.m. SB 67 SENATE BILL NO. 67 was before the Senate in second reading. Senator Ellis offered Amendment No. 1 : Delete Page 2, line 29, and Page 3, lines 1 and 2 Renumber following sections accordingly. 1999-05-04 Senate Journal Page 1228 SB 67 Senator Ellis moved for the adoption of Amendment No. 1. Senator Green objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: SB 67 Second Reading Amendment No. 1 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Ellis, Halford, Hoffman, Kelly Tim, Leman, Mackie Nays: Donley, Elton, Green, Kelly Pete, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Excused: Lincoln Tim Kelly changed from "Nay" to "Yea". and so, Amendment No. 1 failed. Senator Ellis offered Amendment No. 2 : Page 9, lines 1-2: Delete under AS 44.62 (Administrative Procedure Act), but not before January 1, 2000. Insert January 1, 2002 Page 9, line 7: Delete January 1, 2000 Insert January 1, 2003 Senator Ellis moved for the adoption of Amendment No. 2. Objections were heard. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: 1999-05-04 Senate Journal Page 1229 SB 67 SB 67 Second Reading Amendment No. 2 YEAS: 9 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Halford, Hoffman, Leman, Mackie, Taylor Nays: Green, Kelly Pete, Kelly Tim, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Excused: Lincoln and so, Amendment No. 2 failed. Senator Ellis offered Amendment No. 3 : Page 3, lines 1 and 4: Delete 31 percent Insert 15 percent Senator Ellis moved for the adoption of Amendment No. 3. Senator Pete Kelly objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: SB 67 Second Reading Amendment No. 3 YEAS: 6 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Halford, Hoffman Nays: Green, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Excused: Lincoln and so, Amendment No. 3 failed. 1999-05-04 Senate Journal Page 1230 SB 67 Senator Ellis offered Amendment No. 4 : Page 3, line 1: Delete 31 percent Insert 15 percent Senator Ellis moved for the adoption of Amendment No. 4. Senator Taylor objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: SB 67 Second Reading Amendment No. 4 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Ellis, Elton, Hoffman, Leman Nays: Donley, Green, Halford, Kelly Pete, Kelly Tim, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Excused: Lincoln and so, Amendment No. 4 failed. Senator Ellis offered Amendment No. 5 : Page 3, line 1: Delete 31 percent Insert 15 percent Page 3, line 4: Delete 31 percent Insert 40 percent Senator Ellis moved for the adoption of Amendment No. 5. Senator Torgerson objected. 1999-05-04 Senate Journal Page 1231 SB 67 The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: SB 67 Second Reading Amendment No. 5 YEAS: 2 NAYS: 17 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Ellis Nays: Donley, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Excused: Lincoln and so, Amendment No. 5 failed. Senator Ellis offered Amendment No. 6 : Page 6, line 15: Delete 33 percent of Insert an amount equal to Senator Ellis moved for the adoption of Amendment No. 6. Objections were heard. The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: SB 67 Second Reading Amendment No. 6 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Halford, Hoffman, Kelly Tim, Leman Nays: Green, Kelly Pete, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Excused: Lincoln 1999-05-04 Senate Journal Page 1232 SB 67 and so, Amendment No. 6 failed. Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: SB 67 Advance from Second to Third Reading? YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman Excused: Lincoln and so, the bill advanced to third reading. SENATE BILL NO. 67 was read the third time. The question being: Shall SENATE BILL NO. 67 An Act relating to taxation, including taxation of income of individuals, estates, and trusts; and providing for an effective date pass the Senate? The roll was taken with the following result: SB 67 Third Reading - Final Passage Effective Dates YEAS: 0 NAYS: 19 EXCUSED: 1 ABSENT: 0 Nays: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Excused: Lincoln 1999-05-04 Senate Journal Page 1233 SB 67 and so, SENATE BILL NO. 67 failed. Senator Mackie gave notice of reconsideration. SB 133 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, which had been placed at the bottom of the calendar, was read the second time. President Pearce requested that Senator Mackie serve as President pro tempore. Senator Pearce called the Senate. The call was satisfied. Senator Tim Kelly, Chair, moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 1222. Without objection, CS FOR SENATE BILL NO. 133(RLS) An Act creating and relating to the Regulatory Commission of Alaska and transferring to it certain powers and duties of the Alaska Public Utilities 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 was adopted and read the second time. Amendment No. 1 was not offered. Senator Donley offered Amendment No. 2 : 1999-05-04 Senate Journal Page 1234 SB 133 Page 4, lines 22 - 26: Delete all material. Page 5, lines 12 - 23: Delete all material. Page 11, line 9: Delete "42.05.123," Senator Donley moved for the adoption of Amendment No. 2. Senator Pearce objected. Senator Wilken moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Wilken was required to vote. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSB 133(RLS) Second Reading Amendment No. 2 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Kelly Pete, Kelly Tim, Leman, Parnell Nays: Adams, Ellis, Elton, Green, Halford, Hoffman, Mackie, Miller, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Excused: Lincoln and so, Amendment No. 2 failed. Senator Donley offered Amendment No. 3 : 1999-05-04 Senate Journal Page 1235 SB 133 Page 4, lines 24 - 26: Delete "when the chair believes that (1) the matter has major public policy implications; or (2) the financial interest of the public is at stake and the parties to the matter will not adequately represent the public interest" Insert "as necessary to represent the public interest" Page 5, line 23, following ".": Insert "The public advocacy section shall include sufficient employees with expertise to represent the public interest in all proceedings in which the chair directs the section to participate." Senator Donley moved for the adoption of Amendment No. 3. Senator Pearce objected. Senator Pearce moved and asked unanimous consent that Amendment No. 3 be divided as follows: Amendment No. 3a: Page 4, lines 24 - 26: Delete "when the chair believes that (1) the matter has major public policy implications; or (2) the financial interest of the public is at stake and the parties to the matter will not adequately represent the public interest" Insert "as necessary to represent the public interest" Amendment No. 3b: Page 5, line 23, following ".": Insert "The public advocacy section shall include sufficient employees with expertise to represent the public interest in all proceedings in which the chair directs the section to participate." Without objection, Amendment 3 was divided. 1999-05-04 Senate Journal Page 1236 SB 133 Senator Donley moved for the adoption of Amendment No. 3a. The question being: Shall Amendment No. 3a be adopted? The roll was taken with the following result: CSSB 133(RLS) Second Reading Amendment No. 3a YEAS: 6 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Kelly Pete, Kelly Tim, Leman, Miller, Parnell Nays: Adams, Ellis, Elton, Green, Halford, Hoffman, Mackie, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Excused: Lincoln and so, Amendment No. 3a failed. Senator Donley moved for the adoption of Amendment No. 3b. Objections were heard. The question being: Shall Amendment No. 3b be adopted? The roll was taken with the following result: CSSB 133(RLS) Second Reading Amendment No. 3b YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Ellis, Elton, Kelly Pete, Leman, Miller, Parnell, Wilken Nays: Adams, Green, Halford, Hoffman, Kelly Tim, Mackie, Pearce, Phillips, Taylor, Torgerson, Ward Excused: Lincoln and so, Amendment No. 3b failed. 1999-05-04 Senate Journal Page 1237 SB 133 Senator Pearce offered Amendment No. 4 : Page 3, lines 10 - 11: Delete all material Insert: (b) The commission may, subject to the approval of the Attorney General, contract for the services of specialized legal counsel or legal consultants. Senator Pearce moved and asked unanimous consent for the adoption of Amendment No. 4. Without objection, Amendment No. 4 was adopted. Senator Halford, 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. 133(RLS) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 133(RLS) am An Act creating and relating to the Regulatory Commission of Alaska and transferring to it certain powers and duties of the Alaska Public Utilities 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 pass the Senate? The roll was taken with the following result: CSSB 133(RLS) am Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Ellis, Elton, Green, Halford, Hoffman, Kelly Tim, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Donley, Kelly Pete, Leman, Phillips Excused: Lincoln 1999-05-04 Senate Journal Page 1238 SB 133 and so, CS FOR SENATE BILL NO. 133(RLS) am passed the Senate. Senator Leman 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 Donley gave notice of reconsideration. Citations Honoring - Dr. Roy A. Box Representative(s) Hudson, Kerttula Senator(s) Elton, Leman, Green, Tim Kelly, Lincoln, Adams, Mackie, Pearce, Hoffman, Taylor, Phillips, Pete Kelly Honoring - Roger Sampson Senator(s) Lincoln, Leman, Green, Wilken, Tim Kelly, Adams, Mackie, Pearce, Hoffman, Elton, Taylor, Pete Kelly Representative(s) Harris Honoring - Alice Howarth Representative(s) Kemplen Senator(s) Ellis, Leman, Green, Wilken, Tim Kelly, Lincoln, Mackie, Pearce, Hoffman, Elton, Taylor, Pete Kelly In Memoriam - Suzanne K. Fagerstrom Wassmann Representative(s) Foster Senator(s) Adams, Halford, Leman, Green, Wilken, Tim Kelly, Lincoln, Mackie, Pearce, Hoffman, Elton, Taylor, Pete Kelly Senator Leman moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 1999-05-04 Senate Journal Page 1239 Unfinished Business SB 7 The reconsideration on CS FOR SENATE BILL NO. 7(FIN) am An Act relating to the University of Alaska and university land, and authorizing the University of Alaska to select additional state land was not taken up this legislative day and the bill was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. Engrossment SB 7 CS FOR SENATE BILL NO. 7(FIN) am An Act relating to the University of Alaska and university land, and authorizing the University of Alaska to select additional state land was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Enrollment SJR 11 CS FOR SENATE JOINT RESOLUTION NO. 11(FIN) Urging the Congress of the United States to provide federal education funds as a block grant to the state, 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 3:45 p.m., May 4, 1999. 1999-05-04 Senate Journal Page 1240 SB 9 CS FOR SENATE BILL NO. 9(HES) An Act relating to the calculation of employee contributions and credited service in the public employees retirement system for noncertificated employees of school districts, regional educational attendance areas, the special education service agency, the Alaska Vocational Technical Center, and the state boarding schools; and providing for an effective date 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 3:45 p.m., May 4, 1999. Adjournment Senator Pearce moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 5, 1999. Without objection, the Senate adjourned at 3:10 p.m. Nancy Quinto Secretary of the Senate May 1999 1999-05-04 Senate Journal Page 1241 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 May 04 Tuesday 9:00 AM += SB 31MENTAL HEALTH APPROPRIATIONS += SB 32CAPITAL BUDGET APPROPRIATIONS += SB 135METROPOLITAN PLANNING AUTHORITY + SB 139SEAFOOD LABELING + SB 156MUNICIPAL CLASSIFICATIONS AND BOUNDARIES += SB 10UNDERGROUND UTILITIES + SCR 8LONG-TERM CARE TASK FORCE OF 1999 BILLS PREVIOUSLY HEARD/SCHEDULED May 05 Wednesday 9:00 AM += SB 31MENTAL HEALTH APPROPRIATIONS += SB 32CAPITAL BUDGET APPROPRIATIONS May 05 Wednesday 1:30 PM = SB 31MENTAL HEALTH APPROPRIATIONS = SB 32CAPITAL BUDGET APPROPRIATIONS May 05 Wednesday 6:00 PM += SB 31MENTAL HEALTH APPROPRIATIONS += SB 32CAPITAL BUDGET APPROPRIATIONS May 07 Friday 9:00 AM = SB 31MENTAL HEALTH APPROPRIATIONS = SB 32CAPITAL BUDGET APPROPRIATIONS AMENDMENTS OFFERED IN COMMITTEE 1999-05-04 Senate Journal Page 1242 FINANCE May 07 Friday 1:30 PM = SB 31MENTAL HEALTH APPROPRIATIONS = SB 32CAPITAL BUDGET APPROPRIATIONS AMENDMENTS CONTINUED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES FAHRENKAMP 203 May 06 Thursday 1:30 PM NOTE DATE AND LOCATION CHANGE += SB 61TEACHERS'LICENSES, DISCIPLINE & ETHICS += SB 167UOA SCHOLARSHIPS/ALASKA SCHOLARS PROGRAM += SB 117INSURANCE FOR SCHOOL DISTRICTS ---------------------------------------- JUDICIARY BELTZ 211 May 05 Wednesday 1:30 PM += HJR 29ENDORSE FED COURT OF APPEALS/9TH CIRCUIT BILLS PREVIOUSLY HEARD/SCHEDULED += SB 162RULE AGAINST PERPETUITIES += SB 163TRUSTS AND TRUSTEES = SB 114IMPERSONATE POLICE/EMERGENCY VEHICLE = SB 109CAMPAIGN FUNDRAISING May 07 Friday 1:30 PM + BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- LABOR & COMMERCE BELTZ 211 May 04 Tuesday 1:30 PM MEETING CANCELLED May 06 Thursday 1:30 PM = HB 146LIABILITY FOR COMMERCIAL REC ACTIVITIES = HB 201OVERTIME COMPENSATION COMPUTATION HB 208PROFESSIONAL COUNSELORS ---------------------------------------- RESOURCES BUTROVICH 205 May 05 Wednesday 3:00 PM HB 109GLACIER BAY NATIONAL PARK BILLS PREVIOUSLY HEARD/SCHEDULED 1999-05-04 Senate Journal Page 1243 RULES FAHRENKAMP 203 May 04 Tuesday 11:30 AM = SB 67GOVERNOR'S INC TAX:INDIVID/EST/TRUSTS = SB 128STORAGE TANK ASSISTANCE FUND = SB 133COMBINE APUC AND AOGCC May 04 Tuesday 3:15 PM = SB 110PROPERTY ACQUIRED BY GOVT. ENTITY SB 135METROPOLITAN PLANNING AUTHORITY = SB 156MUNICIPAL CLASSIFICATIONS AND BOUNDARIES ---------------------------------------- STATE AFFAIRS BELTZ 211 May 04 Tuesday 3:30 PM SJR 24KOSOVO CONFLICT HJR 20FEDERAL INCOME TAX MARRIAGE PENALTY HJR 26ALASKA MARITIME BOUNDARY WITH CANADA ---------------------------------------- TRANSPORTATION BUTROVICH 205 May 04 Tuesday 1:30 PM NO MEETING SCHEDULED May 06 Thursday 1:30 PM HB 84INTERNATIONAL AIRPORTS REVENUE BONDS JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 50 & HB 51 SENATE FINANCE 532 May 05 Wednesday 4:00 PM TOPICS TO BE TAKEN UP: DEPARTMENTS OF ADMINISTRATION, CORRECTIONS, FISH AND GAME, LAW 1999-05-04 Senate Journal Page 1244 OTHER MEETINGS CHILDREN'S CAUCUS BUTROVICH 205 May 04 Tuesday 12:00 PM FORMER FOSTER CHILD PANEL MAJORITY CAUCUS BUTROVICH 205 May 04 Tuesday 4:30 PM