Legislature(1999 - 2000)

1999-05-07 Senate Journal

Full Journal pdf

1999-05-07                     Senate Journal                      Page 1285
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    TWENTY-FIRST LEGISLATURE - FIRST SESSION                   
                                                                               
Juneau, Alaska                                                                 
                                                                               
                             One Hundred Ninth Day                             
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:20 a.m.                                                           
                                                                               
The roll showed twenty members present.                                        
                                                                               
The prayer was offered by the Chaplain, Senator Parnell. Senator               
Hoffman moved and asked unanimous consent that the prayer be                   
spread. Without objection, it was so ordered.                                  
                                                                               
We open this day with hearts of thanksgiving, Lord.                           
Thank You for another day of life and another day                              
of being able to serve in this body. We ask that                               
You would give each of us an extra measure of                                  
wisdom, discernment and patience. We ask that You                              
would guide our hands as we write today. Help us                               
to have hearts for the people we serve and hearts of                           
thanksgiving throughout this day. In Jesus Name,                               
Amen.                                                                          
                                                                               
Senator Ellis led the Senate in the Pledge of Allegiance.                      
                                                                               
                                                                               
                                Certification                                
                                                                               
Senator Mackie moved and asked unanimous consent that the journal              
for the one hundred eighth legislative day be approved as certified            
by the Secretary. Without objection, it was so ordered.                        
                                                                               
                                                                               
                                      1285                                     

1999-05-07                     Senate Journal                      Page 1286
                          Messages from the Governor                         
                                                                               
HB 128                                                                       
Message dated and received May 6 was read, stating the Governor                
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
CS FOR HOUSE BILL NO. 128(RLS) An Act                                         
relating to lease-purchases of personal property.                              
                                                                               
		Chapter 10, SLA 1999                                                        
		Effective Date: 8/4/99                                                      
                                                                               
HB 2                                                                         
Message dated and received May 6 was read, stating the Governor                
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
HOUSE BILL NO. 2 An Act relating to issuance                                  
of a motor vehicle registration plate to or parking                            
permit for a person who is disabled.                                           
                                                                               
		Chapter 11, SLA 1999                                                        
			Effective Date: 8/4/99                                                      
                                                                               
HB 12                                                                        
Message dated and received May 6 was read, stating the Governor                
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE                                           
BILL NO. 12(FIN) am An Act relating to a utility                               
corridor and railroad right-of-way between the                                 
Alaska Railroad and the Alaska-Canada border.                                  
                                                                               
		Chapter 12, SLA 1999                                                        
			Effective Date: 8/4/99                                                      
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1287
HB 71                                                                        
Message dated and received May 6 was read, stating the Governor                
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
CS FOR HOUSE BILL NO. 71(CRA) An Act                                          
establishing Kawerak, Inc., as the regional housing                            
authority for the area that includes the Seward                                
Peninsula, Unalakleet, and St. Lawrence Island.                                
                                                                               
		Chapter 13, SLA 1999                                                        
			Effective Date: 8/4/99                                                      
                                                                               
HB 9                                                                         
Message dated and received May 6 was read, stating the Governor                
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
HOUSE BILL NO. 9 An Act relating to collection                                
of settlement information in civil litigation;                                 
amending Rule 41(a)(3), Alaska Rules of Civil                                  
Procedure, and Rule 511(e), Alaska Rules of                                    
Appellate Procedure; and providing for an effective                            
date.                                                                          
                                                                               
		Chapter 14, SLA 1999                                                        
			Effective Date: 5/7/99                                                      
                                                                               
SB 87                                                                        
Message dated and received May 6 was read, stating the Governor                
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
CS FOR SENATE BILL NO. 87(L&C) An Act                                         
requiring a license to sell rental car insurance.                              
                                                                               
			Chapter 15, SLA 1999                                                        
			Effective Date: 8/4/99                                                      
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1288
SB 46                                                                        
Message dated and received May 7 was read, stating the Governor                
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
CS FOR SENATE BILL NO. 46(RLS) am H An                                        
Act naming the Terry Miller Legislative Office                                 
Building.                                                                      
                                                                              
			Chapter 16, SLA 1999                                                        
			Effective Date: 08/5/99                                                     
                                                                               
HJR 11                                                                       
Message dated and received May 6 was read, stating the Governor                
transmitted the engrossed and enrolled copies of the following                 
resolution to the Lieutenant Governors Office for permanent filing:            
                                                                               
SENATE CS FOR HOUSE JOINT RESOLUTION                                          
NO. 11(RES) Urging the United States Congress to                               
pass legislation to open the coastal plain of the                              
Arctic National Wildlife Refuge, Alaska, to oil and                            
gas exploration, development, and production.                                  
                                                                               
		Legislative Resolve No. 8                                                    
                                                                               
SJR 11                                                                       
Message dated and received May 6 was read, stating the Governor                
transmitted the engrossed and enrolled copies of the following                 
resolution to the Lieutenant Governors Office for permanent filing:            
                                                                               
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.                                                                     
                                                                               
		Legislative Resolve No. 11                                                   
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1289
                           Messages from the House                           
                                                                               
SB 48                                                                        
Message dated May 6 was read, stating the House passed and                     
returned:                                                                      
                                                                               
CS FOR SENATE BILL NO. 48(HES) An Act                                         
relating to health insurance provided by and                                   
provisions relating to the Comprehensive Health                                
Insurance Association.                                                         
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
SB 107                                                                       
Message dated May 6 was read, stating the House passed and                     
returned:                                                                      
                                                                               
CS FOR SENATE BILL NO. 107(FIN) An Act                                        
relating to tourism and tourism marketing;                                     
eliminating the Alaska Tourism Marketing Council;                              
and providing for an effective date.                                           
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
Message dated May 6 was read, stating the House passed and                     
transmitted for consideration:                                                 
                                                                               
                  First Reading and Reference of House Bills                 
                                                                               
HB 157                                                                       
HOUSE BILL NO. 157 BY REPRESENTATIVES SANDERS,                                 
Harris, Foster, Morgan, entitled:                                              
                                                                               
An Act relating to absences from the state while                              
serving on oceangoing vessels of the United States                             
merchant marine for purposes of eligibility for                                
permanent fund dividends; and providing for an                                 
effective date.                                                                
                                                                               

1999-05-07                     Senate Journal                      Page 1290
HB 157                                                                       
was read the first time and referred to the Finance Committee.                 
                                                                               
HB 209                                                                       
HOUSE BILL NO. 209 BY THE HOUSE FINANCE COMMITTEE,                             
entitled:                                                                      
                                                                               
An Act amending the size of grants for which the                              
Alaska Science and Technology Foundation must                                  
allocate at least 50 percent of endowment income                               
and amending the maximum amount of the grant                                   
that the Alaska Science and Technology Foundation                              
may award for development of the Kodiak launch                                 
complex and Fairbanks satellite ground station space                           
park; and providing for an effective date.                                     
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
SB 27                                                                        
Message dated May 6 was read, stating the House passed CS FOR                  
SENATE BILL NO. 27(FIN) with the following amendment:                          
                                                                               
Page 1, line 4, following parent:                                            
	Insert , foster parent,                                                     
                                                                               
Page 1, line 5, following parent:                                              
	Insert , foster parent,                                                       
                                                                               
Page 2, line 16, following parent:                                         
	Insert , foster parent,                                                   
                                                                               
Page 2, line 18, following parent:                                         
	Insert , foster parent,                                                   
                                                                               
and so, CS FOR SENATE BILL NO. 27(FIN) am H An Act                             
relating to school records and driver license records of certain               
children is returned for consideration.                                        
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1291
SB 27                                                                        
Senator Mackie moved that the Senate concur in the House                       
amendment.                                                                     
                                                                               
The question being: Shall the Senate concur in the House                       
amendment? The roll was taken with the following result:                       
                                                                               
CSSB 27(FIN) am H                                                              
Shall the Senate concur in the House                                           
amendment to CSSB 27(FIN)?                                                     
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete,       
Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce,                    
Phillips, Taylor, Torgerson, Ward, Wilken                                      
                                                                               
and so, the Senate concurred in the House amendment, thus adopting             
CS FOR SENATE BILL NO. 27(FIN) am H An Act relating to                         
school records and driver license records of certain children.                 
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
                                                                               
                          Standing Committee Reports                         
                                                                               
Report dated May 6 was read stating:                                           
                                                                               
In accordance with AS 39.05.080, the Senate Labor and Commerce                 
Committee reviewed the following with regard to confirmation of the            
Governors appointment:                                                         
                                                                               
Commissioner - Department of Labor                                           
	Ed Flanagan - Juneau                                                          
		Appointed: 01/12/99                                                          
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1292
There were no stated objections to the confirmation of the named               
individual by committee members. This does not reflect an intent by            
any of the members to vote for or against the individual during any            
further sessions.                                                              
                                                                               
Signing the report: Senator Mackie, Chair, Senators Tim Kelly,                 
Leman, Hoffman.                                                                
                                                                               
Reports dated May 6 were read stating:                                         
                                                                               
In accordance with AS 39.05.080, the Senate Labor and Commerce                 
Committee reviewed the following with regard to confirmation of the            
Governors appointments:                                                        
                                                                               
Alcoholic Beverage Control Board                                             
	Ellen Ganley - Fairbanks                                                      
		Appointed: 06/29/95 Reappointed: 01/31/96, 02/19/99                          
		Expires: 01/31/02                                                            
	Joe Thomas, Jr. - Juneau                                                      
		Appointed: 02/14/96 Reappointed: 02/19/99                                    
		Expires: 01/31/02                                                            
	Thomas C. Walker - Seward                                                     
		Appointed: 06/02/98 Expires: 01/31/01                                        
                                                                               
State Board of Registration for Architects, Engineers, and Land               
Surveyors                                                                     
	Linda Cyra-Korsgaard - Anchorage                                              
		Appointed: 09/11/98 Expires: 06/30/01                                        
	Marcia R. Davis - Anchorage                                                   
		Appointed: 02/20/97 Reappointed: 07/31/98                                    
		Expires: 06/30/02                                                            
	D. Lance Mearig, P.E. - Juneau                                                
		Appointed: 07/05/94 Reappointed: 07/31/98                                    
		Expires: 06/30/02                                                            
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1293
Board of Chiropractic Examiners                                              
	Carol J. Davis, D.C. - Fairbanks                                              
		Appointed: 11/16/98 Expires: 07/15/01                                        
	Steven D. Messerschmidt - Juneau                                              
		Appointed: 11/16/98 Expires: 07/15/02                                        
	Sean C. Siegel - Anchorage                                                    
		Appointed: 11/16/98 Expires: 07/15/02                                        
                                                                               
Board of Dispensing Opticians                                                
	Roberta Rawcliffe - Palmer                                                    
		Appointed: 02/19/99 Expires: 06/14/02                                        
	James Rothmeyer - Fairbanks                                                   
		Appointed: 03/17/99 Expires: 06/14/01                                        
                                                                               
Alaska Labor Relations Agency                                                
	Blair E. Marcotte - Fairbanks                                                 
		Appointed: 08/28/96 Reappointed: 07/31/98                                    
		Expires: 06/30/01                                                            
	Raymond P. Smith - Anchorage                                                  
		Appointed: 03/06/95 Reappointed: 06/30/95, 07/31/98                          
		Expires: 06/30/01                                                            
                                                                               
Board of Marine Pilots                                                       
	Robert M. Berto - Ketchikan                                                   
		Appointed: 09/30/94 Reappointed: 07/31/98                                    
		Expires: 05/31/02                                                            
                                                                               
Board of Certified Real Estate Appraisers                                    
	Vince Coan - Wasilla                                                          
		Appointed: 09/11/98 Expires: 06/30/02                                        
	James A. Hage - Fairbanks                                                     
		Appointed: 12/11/98 Expires: 06/30/00                                        
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1294
Real Estate Commission                                                       
	Linda L. Freed - Kodiak                                                       
		Appointed: 08/24/95 Reappointed: 04/14/99                                    
		Expires: 01/31/03                                                            
	Eleanor F. Oakley - Palmer                                                    
		Appointed: 08/24/95 Reappointed: 04/14/99                                    
		Expires: 01/31/03                                                            
	Larry Spencer - Juneau                                                        
		Appointed: 08/24/95 Reappointed: 04/14/99                                    
		Expires: 01/31/03                                                            
                                                                               
Board of Veterinary Examiners                                                
	Connie J. Sanders, D.V.M. - Anchorage                                         
		Appointed: 06/25/96 Reappointed: 12/11/98                                    
		Expires: 01/31/03                                                            
                                                                               
Alaska Workers' Compensation Board                                           
	Dorothy Bradshaw - Fairbanks                                                  
		Appointed: 01/30/96 Reappointed: 06/02/98                                    
		Expires: 07/01/01                                                            
	Andrew J. Bear Piekarski - Anchorage                                          
		Appointed: 03/17/99 Expires: 07/01/00                                        
	Nancy J. Ridgley - Ketchikan                                                  
		Appointed: 10/13/92 Reappointed: 07/05/95, 02/19/99                          
 		Expires: 07/01/01                                                           
	Philip E. Ulmer - Eagle River                                                 
		Appointed: 01/30/96 Reappointed: 06/02/98                                    
		Expires: 07/01/01                                                            
                                                                               
There were no stated objections to the confirmation of any of the              
named individuals by committee members. This does not reflect an               
intent by any of the members to vote for or against the individuals            
during any further sessions.                                                   
                                                                               
Signing the reports: Senator Mackie, Chair, Senators Tim Kelly,                
Hoffman.                                                                       
                                                                               
Report dated May 6 was read stating:                                           
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1295
In accordance with AS 39.05.080, the Senate State Affairs                      
Committee reviewed the following with regard to confirmation of the            
Governors appointment:                                                         
                                                                               
Brigadier General - Alaska Army National Guard                               
	Colonel David E. Glines - Anchorage                                           
		Appointed: 04/28/99                                                          
                                                                               
                                                                               
There were no stated objections to the confirmation of the named               
individual by committee members. This does not reflect an intent by            
any of the members to vote for or against the individual during any            
further sessions.                                                              
                                                                               
Signing the report: Senator Ward, Chair, Senators Green, Phillips.             
                                                                               
SJR 22                                                                       
Forthcoming zero fiscal note (page 1130) for SENATE JOINT                      
RESOLUTION NO. 22 Relating to the National Museum of                           
Womens History and the National Museum of Womens History                       
Alaska Council, published today from the Senate Health, Education              
and Social Services Committee.                                                 
                                                                               
SB 155                                                                       
The State Affairs Committee considered SENATE BILL NO. 155                     
An Act relating to methods of payment of and reports concerning                
certain state salaries and business expenses. Signing do pass:                 
Senator Ward, Chair, Senators Phillips, Green.                                 
                                                                               
Fiscal note published today from Department of Administration.                 
                                                                               
President Pearce added a Finance Committee referral to the bill.               
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1296
SB 167                                                                       
The Health, Education and Social Services Committee considered                 
SENATE BILL NO. 167 An Act relating to scholarships to attend                  
the University of Alaska; establishing the Alaska scholars program;            
and providing for an effective date. Signing do pass: Senator Miller,          
Chair, Senators Pete Kelly, Wilken, Elton.                                     
                                                                               
Fiscal note published today from University of Alaska.                         
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
HB 79                                                                        
The Labor and Commerce Committee considered HOUSE BILL NO.                     
79 An Act relating to letters of credit under the Uniform                      
Commercial Code; and providing for an effective date. Signing no               
recommendation: Senator Mackie, Chair, Senators Hoffman, Donley.               
Signing do pass: Senators Tim Kelly, Leman.                                    
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Judiciary Committee.                              
                                                                               
HB 84                                                                        
The Transportation Committee considered HOUSE BILL NO. 84 An                   
Act relating to international airports revenue bonds; and providing for        
an effective date. Signing do pass: Senator Ward, Chair. Signing no            
recommendation: Senators Pearce, Lincoln, Miller, Halford.                     
                                                                               
Previous House fiscal note.                                                    
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
HB 146                                                                       
The Labor and Commerce Committee considered CS FOR HOUSE                       
BILL NO. 146(JUD) An Act relating to civil liability for                       
commercial recreational activities; and providing for an effective             
date and recommended it be replaced with                                       
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1297
HB 146                                                                       
SENATE CS FOR CS FOR HOUSE BILL                                               
	NO.146(L&C)                                                                   
                                                                               
Signing do pass: Senator Mackie, Chair, Senators Leman, Tim Kelly.             
Signing no recommendation: Senator Hoffman.                                    
                                                                               
Previous House zero fiscal note.                                               
                                                                               
President Pearce added a Judiciary Committee referral to the bill.             
                                                                               
The bill was referred to the Judiciary Committee.                              
                                                                               
HB 208                                                                       
The Labor and Commerce Committee considered HOUSE BILL NO.                     
208 An Act relating to professional counselors; and providing for              
an effective date and recommended it be replaced with                          
                                                                               
SENATE CS FOR HOUSE BILL NO. 208(L&C)                                         
                                                                               
Signing do pass: Senator Mackie, Chair, Senators Leman, Tim Kelly.             
Signing no recommendation: Senator Hoffman.                                    
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HJR 13                                                                       
The Rules Committee considered CS FOR HOUSE JOINT                              
RESOLUTION NO. 13(FIN) Relating to using oil spill settlement                  
funds to create a long-term research and monitoring endowment.                 
Signing to calendar:  Senator Tim Kelly, Chair, Senators Miller,               
Leman, Pearce. Signing under other recommendations: Senator Ellis.             
                                                                               
The resolution is on todays calendar.                                          
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1298
HJR 34                                                                       
The Rules Committee considered HOUSE JOINT RESOLUTION                          
NO. 34 Relating to the federal estate and gift taxes. Signing to               
calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce.            
Signing under other recommendations: Senator Ellis.                            
                                                                               
The resolution is on todays calendar.                                          
                                                                               
HB 61                                                                        
The Rules Committee considered HOUSE BILL NO. 61 An Act                        
relating to an exemption from the requirement for payment for                  
overtime under a voluntary written agreement for certain employees             
in the airline industry; and providing for an effective date. Signing          
to calendar: Senator Tim Kelly, Chair, Senators Miller, Pearce.                
Signing under other recommendations: Senator Ellis.                            
                                                                               
The bill is on todays calendar.                                                
                                                                               
                                                                               
                         Introduction and Reference of                        
                              Senate Resolutions                              
                                                                               
SCR 9                                                                        
SENATE CONCURRENT RESOLUTION NO. 9 BY SENATORS                                 
PEARCE, Halford,                                                               
                                                                               
Relating to the states interest in oil and gas                                
company mergers and establishing a Joint Special                               
Committee on Mergers as a joint committee of the                               
legislature.                                                                   
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
                  Introduction and Reference of Senate Bills                 
                                                                               
SB 170                                                                       
SENATE BILL NO. 170 BY THE SENATE HEALTH,                                      
EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled:                             
                                                                               

1999-05-07                     Senate Journal                      Page 1299
SB 170                                                                       
An Act relating to credited service under the                                 
teachers retirement system for education employees                             
on leave without pay or receiving workers                                      
compensation benefits because of certain on-the-job                            
injuries.                                                                      
                                                                               
was read the first time and referred to the Health, Education and              
Social Services and Finance Committees.                                        
                                                                               
SB 171                                                                       
SENATE BILL NO. 171 BY SENATOR HALFORD, entitled:                              
                                                                               
An Act relating to the release of certain records                             
and reports required by the Department of Fish and                             
Game regarding fish, shellfish, or fishery products                            
and reports of fish buyers and processors; relating to                         
the transfer of certain land within the McNeil River                           
State Game Refuge and McNeil River State Game                                  
Sanctuary to the state; and providing for an effective                         
date.                                                                          
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
                        Consideration of the Calendar                        
                                                                               
                        Senate Bills in Second Reading                       
                                                                               
SB 110                                                                       
SENATE BILL NO. 110 An Act relating to liability involving                     
certain property acquired by a governmental entity; and providing for          
an effective date which had been held in second reading, with the              
question to adopt the Rules Committee Substitute pending (page                 
1279), was before the Senate.                                                  
                                                                               
There being no objections to the adoption of the Rules Committee               
Substitute, CS FOR SENATE BILL NO. 110(RLS) was adopted and                    
was automatically in third reading on reconsideration.                         
                                                                               

1999-05-07                     Senate Journal                      Page 1300
SB 110                                                                       
Senator Leman moved that the bill be returned to second reading for            
the purpose of a specific amendment, that being Amendment No. 1.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senators Leman, Taylor, Wilken offered Amendment No. 1 :                        
                                                                               
Page 1, lines 1 - 2:                                                           
	Delete all material and insert:                                               
""An Act relating to liability for the release of hazardous                   
substances involving certain property acquired by a governmental               
entity; relating to making a determination as to when a                        
hazardous substance release has occurred; relating to liability of             
a party other than the party responsible for the initial release of            
a hazardous substance; and providing for an effective date.""                 
                                                                               
Page 1, following line 3:                                                      
	Insert a new bill section to read:                                            
   "* Section. 1.  AS46.03.822(d) is amended to read:                        
	(d)  To establish that a person had no reason to know that                    
the hazardous substance was disposed of on, in, or at the facility, as         
provided in (c)(1) and (m) of this section, the person must have           
undertaken, at the time of  acquisition, all reasonable inquiries into         
the previous ownership and uses of the property consistent with good           
commercial or customary practice in an effort to minimize liability.           
For purposes of this subsection a court shall take into account all            
relevant facts, including                                                      
		(1)  any specialized knowledge or experience the                             
person has;                                                                    
		(2)  the relationship of the purchase price to the                           
value of the property if it were uncontaminated;                               
		(3)  commonly known or reasonably ascertainable                              
information about the property;                                                
		(4)  the obviousness of the presence or likely                               
presence of contamination at the property; and                                 
		(5)  the ability to detect contamination by                                  
appropriate inspection."                                                       
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1301
SB 110                                                                       
Page 1, line 4:                                                                
	Delete "* Section 1."                                                       
	Insert  "* Sec. 2."                                                         
	Delete "a new subsection"                                                     
	Insert  "new subsections"                                                     
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 2, following line 14:                                                     
	Insert a new subsection to read:                                              
	"(m)  For purposes of determining liability in an action to                   
recover damages or costs under this section, a release shall be                
considered to have occurred when a hazardous substance is first                
introduced into the environment.  A party, other than the party                
responsible for the initial release, who had no reason to know that            
a hazardous substance was disposed of on, in, or at the facility and           
who has acted responsibly upon discovering contamination in                    
accordance with (b)(2) of this section may not be held liable for the          
spread or migration of the hazardous substance except by an act of             
intentional misconduct or gross negligence."                                   
                                                                               
Page 2, line 15:                                                               
	Delete "sec. 1"                                                               
	Insert  "sec. 2"                                                              
                                                                               
Senator Leman moved for the adoption of Amendment No. 1.                       
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of the following amendment to Amendment No. 1:                        
                                                                               
In Section 1(d) of Amendment No. 1, after of and before                        
acquisition:                                                                   
	Insert voluntary                                                          
                                                                               
Without objection, Amendment No. 1 was amended.                                
                                                                               
The question being: Shall Amendment No. 1 as amended be                        
adopted? The roll was taken with the following result:                         
                                                                               

1999-05-07                     Senate Journal                      Page 1302
SB 110                                                                       
                                                                               
CSSB 110(RLS)                                                                  
Second Reading                                                                 
Amendment No. 1 as amended                                                     
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete,       
Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce,                    
Phillips, Taylor, Torgerson, Ward, Wilken                                      
                                                                               
and so, Amendment No. 1 as amended was adopted.                                
                                                                               
CS FOR SENATE BILL NO. 110(RLS) am was automatically in                        
third reading.                                                                 
                                                                               
The question to be reconsidered: Shall CS FOR SENATE BILL                      
NO. 110(RLS) am An Act relating to liability for the release of                
hazardous substances involving certain property acquired by a                  
governmental entity; relating to making a determination as to when             
a hazardous substance release has occurred; relating to liability of a         
party other than the party responsible for the initial release of a            
hazardous substance; and providing for an effective date pass the              
Senate? The roll was taken with the following result:                          
                                                                               
CSSB 110(RLS) am                                                               
Third Reading - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete,       
Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce,                    
Phillips, Taylor, Torgerson, Ward, Wilken                                      
                                                                               
and so, CS FOR SENATE BILL NO. 110(RLS) am passed the                          
Senate on reconsideration.                                                     
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1303
SB 110                                                                       
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 and the bill was             
referred to the Secretary for engrossment.                                     
                                                                               
                                                                               
                        Second Reading of House Bills                        
                                                                               
HB 61                                                                        
HOUSE BILL NO. 61 An Act relating to an exemption from the                     
requirement for payment for overtime under a voluntary written                 
agreement for certain employees in the airline industry; and                   
providing for an effective date was read the second time.                      
                                                                               
Senator Mackie moved and asked unanimous consent that the bill be              
advanced to third reading and placed on final passage. Without                 
objection, it was so ordered.                                                  
                                                                               
HOUSE BILL NO. 61 was read the third time.                                     
                                                                               
Senator Mackie moved and asked unanimous consent that President                
Pearce and Senator Mackie be shown as cross sponsors on the bill.              
Without objection, it was so ordered.                                          
                                                                               
The question being: Shall HOUSE BILL NO. 61 An Act relating                    
to an exemption from the requirement for payment for overtime                  
under a voluntary written agreement for certain employees in the               
airline industry; and providing for an effective date pass the                 
Senate? The roll was taken with the following result:                          
                                                                               
HB 61                                                                          
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete,       
Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce,                    
Phillips, Taylor, Torgerson, Ward, Wilken                                      
                                                                               

1999-05-07                     Senate Journal                      Page 1304
HB 61                                                                        
and so, HOUSE BILL NO. 61 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 Tim Kelly gave notice of reconsideration.                              
                                                                               
                                                                               
                        Third Reading of Senate Bills                        
                                                                               
SB 156                                                                       
SENATE BILL NO. 156 was read the third time.                                   
                                                                               
The question being: Shall SENATE BILL NO. 156 An Act relating                  
to municipal incorporation, to reclassification of cities, to municipal        
boundary changes, and to dissolution of municipalities pass the                
Senate? The roll was taken with the following result:                          
                                                                               
SB 156                                                                         
Third Reading - Final Passage                                                  
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete,       
Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce,                    
Phillips, Taylor, Torgerson, Ward, Wilken                                      
                                                                               
and so, SENATE BILL NO. 156 passed the Senate and was referred                 
to the Secretary for engrossment.                                              
                                                                               
                                                                               
                     Second Reading of House Resolutions                     
                                                                               
HJR 13                                                                       
CS FOR HOUSE JOINT RESOLUTION NO. 13(FIN) Relating to                          
using oil spill settlement funds to create a long-term research and            
monitoring endowment, was read the second time.                                
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1305
HJR 13                                                                       
Senator Pete Kelly moved and asked unanimous consent that he be                
shown as a cross sponsor on the resolution. Without objection, it was          
so ordered.                                                                    
                                                                               
Senator Mackie moved and asked unanimous consent that the                      
resolution be advanced to third reading and placed on final passage.           
Without objection, it was so ordered.                                          
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 13(FIN) was read the                         
third time.                                                                    
                                                                               
The question being: Shall CS FOR HOUSE JOINT RESOLUTION                        
NO. 13(FIN) Relating to using oil spill settlement funds to create a           
long-term research and monitoring endowment, pass the Senate? The              
roll was taken with the following result:                                      
                                                                               
CSHJR 13(FIN)                                                                  
Third Reading - Final Passage                                                  
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete,       
Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Phillips,                  
Taylor, Torgerson, Ward, Wilken                                                
                                                                               
Nays:  Pearce                                                                  
                                                                               
and so, CS FOR HOUSE JOINT RESOLUTION NO. 13(FIN) passed                       
the Senate, was signed by the President and Secretary and returned             
to the House.                                                                  
                                                                               
HJR 34                                                                       
HOUSE JOINT RESOLUTION NO. 34 Relating to the federal estate                   
and gift taxes, was read the second time.                                      
                                                                               
Senator Mackie moved and asked unanimous consent that the                      
resolution be advanced to third reading and placed on final passage.           
Without objection, it was so ordered.                                          
                                                                               
HOUSE JOINT RESOLUTION NO. 34 was read the third time.                         
                                                                               

1999-05-07                     Senate Journal                      Page 1306
HJR 34                                                                       
The question being: Shall HOUSE JOINT RESOLUTION NO. 34                        
Relating to the federal estate and gift taxes, pass the Senate? The            
roll was taken with the following result:                                      
                                                                               
HJR 34                                                                         
Third Reading - Final Passage                                                  
                                                                               
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Green, Halford, Hoffman, Kelly Pete, Kelly Tim,                  
Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor,             
Torgerson, Ward, Wilken                                                        
                                                                               
Nays:  Donley, Ellis, Elton                                                    
                                                                               
Lincoln changed from "Nay" to "Yea".                                           
                                                                               
and so, HOUSE JOINT RESOLUTION NO. 34 passed the Senate,                       
was signed by the President and Secretary and returned to the House.           
                                                                               
                                                                               
                                  Citations                                  
                                                                               
Honoring - The Mustang Hockey Association Peewee C Cyclones,                   
Alaska State Peewee C Hockey Champions                                         
Senator(s) Phillips, Halford, Parnell, Lincoln, Donley, Hoffman,               
Mackie, Taylor, Green, Wilken, Leman, Pearce, Tim Kelly, Elton                 
                                                                               
Honoring - Palmer Moose Girls Basketball Team 1998-99 4A State                 
Champions                                                                      
Senator(s) Green, Halford, Parnell, Lincoln, Hoffman, Mackie,                  
Taylor, Wilken, Leman, Pearce, Tim Kelly, Elton                                
Representative(s) Ogan                                                         
                                                                               
Honoring - Sharon Richards                                                     
Representative(s) Rokeberg, Croft                                              
Senator(s) Pearce, Phillips, Parnell, Donley, Lincoln, Hoffman,                
Mackie, Taylor, Green, Ellis, Wilken, Tim Kelly, Elton                         
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1307
In Memoriam - J. Clair Iverson                                                 
Representative(s) Rokeberg, Barnes                                             
Senator(s) Pearce, Parnell, Lincoln, Hoffman, Mackie, Taylor, Green,           
Wilken, Leman, Tim Kelly, Elton                                                
                                                                               
In Memoriam - Donna M. Chaikoff                                                
Representative(s) Dyson, Porter                                                
Senator(s) Donley, Phillips, Parnell, Halford, Lincoln, Hoffman,               
Mackie, Taylor, Green, Wilken, Pearce, Tim Kelly, Elton, Leman                 
                                                                               
In Memoriam - Hallie Asaapak Alowa Kingeekuk                                   
Representative(s) Foster                                                       
Senator(s) Adams, Parnell, Lincoln, Hoffman, Mackie, Taylor, Green,            
Wilken, Leman, Pearce, Tim Kelly, Elton                                        
                                                                               
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.                                 
                                                                               
                                                                               
                             Unfinished Business                             
                                                                               
Senator Miller moved and asked unanimous consent that he be                    
excused from a call of the Senate on May 10. Without objection,                
Senator Miller was excused.                                                    
                                                                               
SB 103                                                                       
Senator Torgerson, Cochair, moved and asked unanimous consent                  
that the Finance Committee referral be waived on SENATE BILL                   
NO. 103 An Act relating to a curriculum for Native language                    
education; and providing for an effective date. Without objection,             
the bill was referred to the Rules Committee.                                  
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1308
                                 Engrossment                                 
                                                                               
SB 110                                                                       
CS FOR SENATE BILL NO. 110(RLS) am An Act relating to                          
liability for the release of hazardous substances involving certain            
property acquired by a governmental entity; relating to making a               
determination as to when a hazardous substance release has occurred;           
relating to liability of a party other than the party responsible for the      
initial release of a hazardous substance; and providing for an                 
effective date was engrossed, signed by the President and Secretary            
and transmitted to the House for consideration.                                
                                                                               
SB 156                                                                       
SENATE BILL NO. 156 An Act relating to municipal                               
incorporation, to reclassification of cities, to municipal boundary            
changes, and to dissolution of municipalities was engrossed, signed            
by the President and Secretary and transmitted to the House for                
consideration.                                                                 
                                                                               
                                                                               
                                 Adjournment                                 
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., May 10, 1999. Without                   
objection, the Senate adjourned at 12:15 p.m.                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                              May 1999         

1999-05-07                     Senate Journal                      Page 1309
                                Announcements                                
                                                                               
Americans with Disabilities Act Notice - Persons with disabilities who         
require special accommodation or alternative communication formats to          
access committee meetings may contact the appropriate committee office or      
the Legislative Information Office in their community. Reasonable advance      
notice is needed to accommodate the request. For further information, call     
the ADA Coordinator at 465-3854 Voice/465-4980 TDD.                            
                                                                               
                          SENATE STANDING COMMITTEES                         
+ indicates teleconference                                                     
= indicates bill previously heard/scheduled                                    
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                                 FAHRENKAMP 203                                
May 10                           Monday 1:30 PM                                
+	HB 155MUNICIPAL ASSEMBLY APPORTIONMENT                                      
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
May 07                           Friday 9:00 AM                                
=	SB  31MENTAL HEALTH APPROPRIATIONS                                          
=	SB  32CAPITAL BUDGET APPROPRIATIONS                                         
	AMENDMENTS OFFERED IN COMMITTEE                                              
                                                                               
May 07                           Friday 1:30 PM                                
=	SB  31MENTAL HEALTH APPROPRIATIONS                                          
=	SB  32CAPITAL BUDGET APPROPRIATIONS                                         
	AMENDMENTS CONTINUED                                                         
                                                                               
May 08                         Saturday 10:00 AM                               
=	SB  31MENTAL HEALTH APPROPRIATIONS                                          
=	SB  32CAPITAL BUDGET APPROPRIATIONS                                         
                                                                               
May 10                           Monday 9:00 AM                                
=	SB 157POWER COST EQUALIZATION                                               
=	SB 169OPERATING BUDGET MISSIONS AND MEASURES                                
=	SB 112POSTSECONDARY CLASS FOR HIGH SCHOOL                                   
=	SB  97MENTAL HEALTH; RECORDS; TREATMENT                                     
=	SB  10UNDERGROUND UTILITIES                                                 
	SB  59CERTIFICATES OF NEED FOR HEALTH FACILITY                               
	SB 155SALARY REPORTS: LEG/EXEC/JUDICIAL BRANCH                               
	SB  94MEDICAL USE OF MARIJUANA                                               
	HB 209ALASKA SCIENCE & TECH FOUNDATION GRANTS                                

1999-05-07                     Senate Journal                      Page 1310
                                   FINANCE                                   
May 10                           Monday 5:00 PM                                
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                   BELTZ 211                                   
May 07                           Friday 1:30 PM                                
	-- MEETING CANCELLED --                                                      
=	SB 162RULE AGAINST PERPETUITIES                                             
=	SB 163TRUSTS AND TRUSTEES                                                   
	SB 165LTD PARTNERSHIPS AND LTD. LIAB. COMPANIES                              
	SB 166COMMUNITY PROPERTY AGREEMENT/TRUSTS                                    
=	SB 114IMPERSONATE POLICE/EMERGENCY VEHICLE                                  
=	SB 109CAMPAIGN FUNDRAISING                                                  
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                                                                               
May 10                           Monday 1:30 PM                                
=	SB 162RULE AGAINST PERPETUITIES                                             
=	SB 163TRUSTS AND TRUSTEES                                                   
=	SB 165LTD PARTNERSHIPS AND LTD. LIAB. COMPANIES                             
=	SB 166COMMUNITY PROPERTY AGREEMENT/TRUSTS                                   
=	SB 114IMPERSONATE POLICE/EMERGENCY VEHICLE                                  
=	SB 109CAMPAIGN FUNDRAISING                                                  
	HB  69ALCOHOLIC BEVERAGE CONTROL BOARD                                       
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                                   BELTZ 211                                   
May 11                          Tuesday 1:30 PM                                
	HB  13REGULATION OF ESCROW ACCOUNTS                                          
	HB 110SALE/LABELING OF MEAT/MILK PRODUCTS                                    
=	HB 201OVERTIME COMPENSATION COMPUTATION                                     
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                                 BUTROVICH 205                                 
May 07                           Friday 3:00 PM                                
	HB  96DEPOSITS TO THE PERMANENT FUND                                         
                                                                               
May 10                           Monday 3:00 PM                                
	SB 171FISHERY DATA; MCNEIL RIVER REFUGE                                      
	BILLS PREVIOUSLY HEARD/SCHEDULED                                             
                    ----------------------------------------                   
                                                                               

1999-05-07                     Senate Journal                      Page 1311
                                    RULES                                    
                                 FAHRENKAMP 203                                
May 07                          Friday 12:20 PM                                
	HB 208PROFESSIONAL COUNSELORS                                                
                                                                               
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                    CONFERENCE COMMITTEE ON HB 50 & HB 51                    
                               SENATE FINANCE 532                              
May 10                           Monday 4:00 PM                                
	DEPARTMENTS TO BE ANNOUNCED                                                  
                    ----------------------------------------                   
                                                                               
                             LEGISLATIVE COUNCIL                             
                                 BUTROVICH 205                                 
May 14                           Friday 8:15 AM                                
	AGENDA TO BE ANNOUNCED                                                       
                                                                               
                                                                               
                                OTHER MEETINGS                               
                                                                               
                               MAJORITY CAUCUS                               
                                 BUTROVICH 205                                 
May 10                           Monday 7:00 PM