Legislature(1999 - 2000)
1999-05-12 Senate Journal
Full Journal pdf1999-05-12 Senate Journal Page 1379 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Fourteenth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:19 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Reverend Paul Beran of the Resurrection Lutheran Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord and Father of us all: With the dawn of each new day, we are reminded anew of Your patience with us. Time and again we blow the moment, we cloud the issue, we mar the day; yet we see Your patient faithfulness to us with each rising and setting sun. Today, as the pressure continues to mount, help us to reflect like a mirror Your patience to one another regardless of issue or party allegiance. Open our ears to hear with more care, our eyes to see more deeply the pain and struggle of others, and our hearts to be attuned to Your still small voice in the very depths of our soul, that in some small way we might each be Your channels to the people of Alaska. In the Name of Him Who came, not to be served, but to serve, Jesus the Christ. Amen. Senator Pete Kelly led the Senate in the Pledge of Allegiance. 1379 1999-05-12 Senate Journal Page 1380 Certification Senator Mackie moved and asked unanimous consent that the journal for the one hundred thirteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor SB 77 Message dated and received May 11 was read, stating: Under the authority of art. II, sec. 17, of the Alaska Constitution, I am allowing the following bill to become law without my signature: HOUSE CS FOR CS FOR SENATE BILL NO. 77(JUD) am H An Act prohibiting certain civil actions against firearms or ammunition manufac- turers and dealers. Chapter 17, SLA 1999 Effective Date: 8/9/99 This bill is an attempt to shield the manufacturers and sellers of firearms or ammunition from potential litigation that the legislature apparently views as frivolous. While this affords that industry a protection granted none other, it is doubtful it will have any practical effect. It disallows liability lawsuits based on the lawful sale, manufacture, or design of firearms. But, it explicitly allows lawsuits for defective products and leaves open the possibility of suits for questionable marketing schemes. Therefore, this legislation neither adds nor detracts from the obligation of gun and ammunition manufacturers to build and market products responsibly. SB 99 Message dated and received May 11 was read, stating: Under the authority of art. II, sec. 17, of the Alaska Constitution, I am allowing the following bill to become law without my signature: 1999-05-12 Senate Journal Page 1381 SB 99 HOUSE CS FOR CS FOR SENATE BILL NO. 99(JUD) am H An Act providing for preparation for redistricting before appointment of the Redistricting Board; relating to preclearance under the Voting Rights Act of 1965, as amended, and legal representation of the state in matters concerning redistricting; clarifying the meaning of decennial census of the United States in art. VI, Constitution of the State of Alaska; relating to adjustment of census numbers by using estimates, population surveys, or sampling in the redistricting of the house of representatives and the senate; and prohibiting expenditures of public funds for population surveys or sampling for certain purposes relating to legislative redistricting without an appropriation; and providing for an effective date. Chapter 18, SLA 1999 Effective Date: 5/12/99 The voters of the state recently amended the State Constitution to change the redistricting process. I support the part of this bill that takes an even-handed approach in planning for the startup of the new redistricting board. If the redistricting board is adequately prepared with all of the modern tools available to complete its assigned task, the best interests of the state will be well served. However, I decline to sign this bill into law because of the provisions that attempt to preempt the redistricting boards powers to interpret and implement the provisions of the Alaska Constitution and to comply with federal law applicable to the redistricting process. To prohibit the redistricting board to use census numbers that may involve sampling is to deny a valuable tool which has been demonstrated to correct undercounting of citizens during the census process. Although it is not known to what extent Alaskans may be undercounted or what effect this may have, this provision elevates partisan politics over the goal of accuracy in census numbers. 1999-05-12 Senate Journal Page 1382 SB 99 The prohibition of the expenditure of funds for and the use of a military survey to adjust population totals for the presence of significant numbers of nonresident military may present serious legal problems for the redistricting process. Alaska is subject to the Voting Rights Act of 1965 and requires preclearance of laws affecting voting as well as the states redistricting plans. This preclearance is intended to ensure that voting rights are not diluted, denied or abridged on the basis of race or minority group. A survey of military residency may be required as part of a preclearance process to ensure the voting strength of minority voters is not diluted. This provision may embroil the redistricting process in lengthy and disruptive litigation. HB 123 Message dated and received May 11 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 123(L&C) An Act relating to the exemption from the requirement for payment of minimum wage and overtime compensation for certain volunteers of nonprofit organizations; exempting individuals who provide ski patrol services on a voluntary basis from the requirement for payment of minimum wage and overtime compensation; and providing for an effective date. Chapter 19, SLA 1999 Effective Date: 5/12/99 HJR 14 Message dated and received May 11 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: 1999-05-12 Senate Journal Page 1383 HJR 14 SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 14 Relating to the National Museum of Womens History and the National Museum of Womens History Alaska Council. Legislative Resolve No. 12 HJR 15 Message dated and received May 11 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 HOUSE JOINT RESOLUTION NO. 15(RES) Relating to support for the American Land Sovereignty Protection Act in the United States Congress. Legislative Resolve No. 13 Messages from the House SJR 21 Message dated May 11 was read, stating the House passed and returned: SENATE JOINT RESOLUTION NO. 21 Relating to workers and family members of workers exposed to radiation during the Amchitka nuclear tests. The resolution was referred to the Secretary for enrollment. SB 93 Message dated May 11 was read, stating the House passed and returned: 1999-05-12 Senate Journal Page 1384 SB 93 CS FOR SENATE BILL NO. 93(FIN) An Act relating to the purposes of certain businesses and corporations; relating to the names of businesses and organizations; relating to the registration under the Alaska Trademark Act of marks that resemble the name of another business or organization; and providing for an effective date. The bill was referred to the Secretary for enrollment. Message dated May 11 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 9 CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(RES) am BY THE HOUSE RESOURCES COMMITTEE, Relating to Take a Young Person Hunting Week. was read the first time and referred to the Resources Committee. HCR 10 CS FOR HOUSE CONCURRENT RESOLUTION NO. 10(FIN) BY THE HOUSE FINANCE COMMITTEE, Proposing recommendations concerning the sale of the Four Dam Pool hydroelectric facilities. was read the first time and referred to the Labor and Commerce Committee. 1999-05-12 Senate Journal Page 1385 First Reading and Reference of House Bills HB 194 HOUSE BILL NO. 194 BY REPRESENTATIVE WHITAKER, entitled: An Act correcting, in the Alaska Disaster Act, a reference to the former oil and hazardous substance release response fund to describe that fund by its correct name. was read the first time and referred to the Resources Committee. HB 225 CS FOR HOUSE BILL NO. 225(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: An Act relating to election campaigns and legislative ethics; and providing for an effective date. was read the first time and referred to the Judiciary Committee. Standing Committee Reports SB 94 The Finance 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(FIN) Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Pete Kelly, Leman, Donley. Signing no recommendation: Senators Phillips, Green, Adams, Wilken. 1999-05-12 Senate Journal Page 1386 SB 94 Previous fiscal note. The bill was referred to the Rules Committee. SB 97 The Finance Committee considered SENATE BILL NO. 97 An Act relating to confidential mental health records; relating to mental health services and programs; relating to liability for payment for mental health evaluation and treatment services; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 97(FIN) An Act relating to mental health services and programs; relating to liability for payment for mental health evaluation and treatment services; and providing for an effective date. Signing do pass: Senator Torgerson, Cochair, Senators Phillips, Green, Pete Kelly, Adams, Leman, Wilken. Previous fiscal note. The bill was referred to the Rules Committee. SB 157 The Finance Committee considered SENATE BILL NO. 157 An Act relating to power cost equalization; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 157(FIN) An Act relating to power cost equalization; relating to appropriations from the National Petroleum Reserve - Alaska special revenue fund to the power cost equalization and rural electric capitalization fund; relating to the power cost equalization and rural electric capitalization fund and the four dam pool transfer fund; and providing for an effective date. 1999-05-12 Senate Journal Page 1387 SB 157 Signing do pass: Senators Torgerson, Parnell, Cochairs, Senator Leman. Signing no recommendation: Senators Phillips, Green, Pete Kelly. Signing amend or do not pass: Senator Donley. Signing do not pass: Senator Adams. Signing amend: Senator Wilken. Zero fiscal note published today from Department of Commerce and Economic Development. Fiscal note published today from the Senate Finance Committee. The bill was referred to the Rules Committee. HB 13 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 13(FIN) am An Act relating to the characterization of, use of, segregation of, deposit of, interest on, and disbursement of escrow money; relating to the recording, filing, and delivery of escrow documents; and providing for an effective date. Signing do pass: Senator Mackie, Chair, Senators Tim Kelly, Hoffman, Leman, Donley. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 68 The Finance Committee considered HOUSE BILL NO. 68 An Act extending the termination date of the Board of Pharmacy to June 30, 2005; and providing for an effective date. Signing do pass: Senator Torgerson, Cochair, Senators Phillips, Green, Pete Kelly, Adams, Wilken, Leman. Previous House zero fiscal note. The bill was referred to the Rules Committee. 1999-05-12 Senate Journal Page 1388 HB 102 The Finance Committee considered HOUSE BILL NO. 102 An Act imposing certain requirements relating to cigarette sales in this state by tobacco product manufacturers, including requirements for escrow, payment, and reporting of money from cigarette sales in this state; providing penalties for noncompliance with those requirements; and providing for an effective date. Signing do pass: Senator Torgerson, Cochair, Senators Adams, Wilken, Leman. Signing no recommendation: Senators Phillips, Green, Pete Kelly. Previous House zero fiscal notes. The bill was referred to the Rules Committee. HB 110 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 110(L&C) An Act relating to the labeling of milk, cream, or any product or byproduct of milk or cream and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 110(L&C) Signing do pass: Senator Mackie, Chair. Signing no recommendation: Senators Leman, Hoffman, Donley, Tim Kelly. Previous House zero fiscal notes. The bill was referred to the Rules Committee. HB 112 The State Affairs Committee considered HOUSE BILL NO. 112 An Act establishing the Alaska public building fund; and providing for an effective date. Signing no recommendation: Senator Ward, Chair, Senators Phillips, Green, Elton. Signing do pass: Senator Wilken. Previous House zero fiscal note. The bill was referred to the Finance Committee. 1999-05-12 Senate Journal Page 1389 HB 131 The Transportation Committee considered HOUSE BILL NO. 131 An Act relating to public rights-of-way and easements for surface transportation across the Anchorage Coastal Wildlife Refuge. Signing do pass: Senator Ward, Chair. Signing no recommendation: Senators Halford, Miller. Previous House indeterminate and zero fiscal notes. The bill was referred to the Finance Committee. HB 201 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 201(FIN) am An Act relating to the computation of overtime; and providing for an effective date. Signing do pass: Senator Mackie, Chair, Senators Leman, Tim Kelly. Signing no recommendation: Senator Hoffman. Signing do not calendar for floor until independent legal opinion obtained confirming effects: Senator Donley. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 209 The Finance Committee considered HOUSE BILL NO. 209 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 and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 209(FIN) Signing do pass: Senator Torgerson, Cochair, Senators Pete Kelly, Adams, Wilken, Leman. Signing do not pass: Senator Phillips. Signing no recommendation: Senator Green. 1999-05-12 Senate Journal Page 1390 HB 209 Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 214 The Judiciary Committee considered CS FOR HOUSE BILL NO. 214(JUD) An Act relating to litigation involving correctional facilities; and amending Rules 59(f), 60(b), 62, and 65, Alaska Rules of Civil Procedure. Signing do pass: Senator Taylor, Chair, Senators Halford, Donley. Previous House indeterminate fiscal note. The bill was referred to the Rules Committee. HB 217 The Finance Committee considered HOUSE BILL NO. 217 An Act relating to obligations and payments to the state under fishery cooperative contracts; and providing for an effective date. Signing do pass: Senator Torgerson, Cochair, Senators Phillips, Adams, Wilken, Leman, Donley. Signing no recommendation: Senators Green, Pete Kelly. Previous House 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 11:32 a.m. After Recess The Senate reconvened at 11:46 a.m. 1999-05-12 Senate Journal Page 1391 SB 97 The Rules Committee considered SENATE BILL NO. 97 An Act relating to confidential mental health records; relating to mental health services and programs; relating to liability for payment for mental health evaluation and treatment services; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Pearce, Leman. The bill is on todays calendar. SB 103 The Rules Committee considered SENATE BILL NO. 103 An Act relating to a curriculum for Native language education; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Pearce, Leman. The bill is on todays calendar. SB 169 The Rules Committee considered SENATE BILL NO. 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. Introduction and Reference of Senate Resolutions SR 3 SENATE RESOLUTION NO. 3 BY SENATOR DONLEY, Relating to the need for a final opinion in Bess v. Ulmer. was read the first time and referred to the Rules Committee. 1999-05-12 Senate Journal Page 1392 Introduction and Reference of Senate Bills SB 174 SENATE BILL NO. 174 BY SENATORS DONLEY, Wilken, Tim Kelly, Ellis, entitled: An Act providing for the issuance of general obligation bonds in the amount of $64,821,000 for the purpose of paying the cost of design, construction, and maintenance of capital improvements at the University of Alaska; 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 97 Senator Mackie moved and asked unanimous consent that SENATE BILL NO. 97 An Act relating to confidential mental health records; relating to mental health services and programs; relating to liability for payment for mental health evaluation and treatment services; and providing for an effective date be placed at the bottom of todays calendar. Without objection, it was so ordered. SB 103 SENATE BILL NO. 103 An Act relating to a curriculum for Native language education; and providing for an effective date was read the second time. Senator Ward offered Amendment No. 1 : Page 2, line 23 and line 25: Delete ¦SHALLá Insert may 1999-05-12 Senate Journal Page 1393 SB 103 Page 3, line 19: Delete shall Insert may Page 3, lines 10 through 13: Delete after (a) A school board in a district in which a majority of the students are Alaskan Natives shall establish a local Native language curruculum advisory board for each school in the district in which a majority of the students are Alaska Natives. Page 3, lines 10 through 13: Insert after (a) Any school district may establish a local Native language curriculum advisory board for each school in the district. Senator Ward moved for the adoption of Amendment No. 1. Objections were heard. Senator Wilken moved to divide the question. Without objection, it was so ordered, and the question was divided as follows: Amendment No. 1A: Page 2, line 23 and line 25: Delete ¦SHALLá Insert may Page 3, line 19: Delete shall Insert may Amendment No. 1B: Page 3, lines 10 through 13: Delete after (a) A school board in a district in which a majority of the students are Alaskan Natives shall establish a local Native language curruculum advisory board for each school in the district in which a majority of the students are Alaska Natives. 1999-05-12 Senate Journal Page 1394 SB 103 Page 3, lines 10 through 13: Insert after (a) Any school district may establish a local Native language curriculum advisory board for each school in the district. Senator Ward moved and asked unanimous consent to withdraw Amendment No. 1 in its entirety. Without objection, it was so ordered. Senator Ward offered Amendment No. 2 : Page 3, line 19: Delete shall Insert may Page 3, lines 10 through 13: Delete after (a) A school board in a district in which a majority of the students are Alaskan Natives shall establish a local Native language curruculum advisory board for each school in the district in which a majority of the students are Alaska Natives. Page 3, lines 10 through 13: Insert after (a) Any school district may establish a local Native language curriculum advisory board for each school in the district. Senator Ward 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: 1999-05-12 Senate Journal Page 1395 SB 103 SB 103 Second Reading Amendment No. 2 YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Green, Halford, Taylor, Ward Nays: Adams, Donley, Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Wilken and so, Amendment No. 2 failed. Senator Taylor offered Amendment No. 3 : Page 3, line 22: Insert the word maximum after the word the and before the word extent. Senator Taylor moved and asked unanimous consent for the adoption of Amendment No. 3. Without objection, Amendment No. 3 was adopted. Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 103 am was read the third time. The question being: Shall SENATE BILL NO. 103 am An Act relating to a curriculum for Native language education; and providing for an effective date pass the Senate? The roll was taken with the following result: 1999-05-12 Senate Journal Page 1396 SB 103 SB 103 am Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Green and so, SENATE BILL NO. 103 am passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ward gave notice of reconsideration. SB 169 SENATE BILL NO. 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 second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1364. Without objection, CS FOR SENATE BILL NO. 169(FIN) 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. 169(FIN) was read the third time. 1999-05-12 Senate Journal Page 1397 SB 169 The question being: Shall CS FOR SENATE BILL NO. 169(FIN) 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 pass the Senate? The roll was taken with the following result: CSSB 169(FIN) Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Green, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Elton, Halford, Hoffman and so, CS FOR SENATE BILL NO. 169(FIN) 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 and the bill was referred to the Secretary for engrossment. Third Reading of Senate Bills SB 10 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10(FIN) An Act requiring an electric or telephone utility that provides services in a municipality with a population of more than 200,000 to have an ongoing program of placing existing overhead utility distribution lines underground; and relating to rates for recovering the cost of placing existing overhead utility distribution lines underground was read the third time. Senator Ellis 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. 1999-05-12 Senate Journal Page 1398 SB 10 Senator Ellis offered Amendment No. 1 : Page 1, line 1 and line 8, after electric: Insert , cable, Page 2, line 2, after electric: Insert , cable, Senator Ellis moved for the adoption of Amendment No. 1. Senator Donley objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CS SSSB 10(FIN) Second Reading Amendment No. 1 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Green, Halford, Hoffman, Leman, Lincoln, Taylor, Ward Nays: Donley, Kelly Pete, Kelly Tim, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Wilken and so, Amendment No. 1 failed. The bill was automatically in third reading. The question being: Shall CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10(FIN) An Act requiring an electric or telephone utility that provides services in a municipality with a population of more than 200,000 to have an ongoing program of placing existing overhead utility distribution lines underground; and relating to rates for recovering the cost of placing existing overhead utility distribution lines underground pass the Senate? The roll was taken with the following result: 1999-05-12 Senate Journal Page 1399 SB 10 CS SSSB 10(FIN) Third Reading - Final Passage YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Green, Hoffman, Lincoln, Phillips and so, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10(FIN) passed the Senate. Senator Ellis gave notice of reconsideration. SB 97 SENATE BILL NO. 97 An Act relating to confidential mental health records; relating to mental health services and programs; relating to liability for payment for mental health evaluation and treatment services; and providing for an effective date which had been placed at the bottom of the calendar, was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1386. Without objection, CS FOR SENATE BILL NO. 97(FIN) An Act relating to mental health services and programs; relating to liability for payment for mental health evaluation and treatment services; and providing for an effective date was adopted and read the second time. Senator Leman moved and asked unanimous consent that the bill be held in second reading to the May 13 calendar. Without objection, it was so ordered. Citations Commemorating - Valley Chapels 25th Anniversary Representative(s) Hudson, Kerttula Senator(s) Elton, Hoffman, Lincoln, Tim Kelly, Wilken, Green, Taylor, Pete Kelly, Pearce, Leman, Mackie, Parnell 1999-05-12 Senate Journal Page 1400 Commemorating - Douglas Trucking, Inc., 25th Anniversary Representative(s) Hudson, Kerttula Senator(s) Elton, Adams, Hoffman, Lincoln, Tim Kelly, Wilken, Green, Taylor, Pete Kelly, Pearce, Leman, Mackie, Parnell Honoring - John J. Williams Representative(s) Smalley Senator(s) Ward, Adams, Elton, Hoffman, Lincoln, Tim Kelly, Wilken, Green, Taylor, Pete Kelly, Pearce, Leman, Mackie, Parnell Honoring - Juneau Douglas High School, Ocean Sciences Team Tsunami Senator(s) Elton, Adams, Hoffman, Lincoln, Tim Kelly, Wilken, Green, Taylor, Pete Kelly, Pearce, Leman, Mackie, Parnell Representative(s) Hudson, Kerttula Honoring - Leo Burmester Senator(s) Tim Kelly, Elton, Hoffman, Lincoln, Wilken, Green, Taylor, Pete Kelly, Pearce, Mackie, Parnell In Memoriam - ReVoe Hill, Sr. Senator(s) Halford, Elton, Hoffman, Lincoln, Tim Kelly, Wilken, Green, Taylor, Pete Kelly, Pearce, Leman, Mackie, Parnell Representative(s) Kohring In Memoriam - Robert Braley, Sr. Senator(s) Green, Halford, Elton, Hoffman, Lincoln, Tim Kelly, Wilken, Taylor, Pete Kelly, Pearce, Leman, Mackie, Parnell 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 Reconsideration of Senate Bills SB 155 Senator Wilken requested that the reconsideration on CS FOR SENATE BILL NO. 155(FIN) be taken up. The bill was before the Senate on reconsideration. 1999-05-12 Senate Journal Page 1401 SB 155 The question to be reconsidered: Shall CS FOR SENATE BILL NO. 155(FIN) An Act relating to methods of payment of and reports concerning certain state salaries and business expenses pass the Senate? The roll was taken with the following result: CSSB 155(FIN) Third Reading - On Reconsideration YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams and so, CS FOR SENATE BILL NO. 155(FIN) passed the Senate on reconsideration and was referred to the Secretary for engrossment. SB 171 Senator Halford requested that the reconsideration on SENATE BILL NO. 171 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 be taken up. The bill was before the Senate on reconsideration. Senator Halford 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. Senator Halford offered Amendment No. 1 : Page 1, lines 3 - 5: Delete "relating to the transfer of certain land within the McNeil River State Game Refuge and McNeil River State Game Sanctuary to the state;" Insert "relating to the transfer of land to the state;" 1999-05-12 Senate Journal Page 1402 SB 171 Page 4, following line 6: Insert a new bill section to read: "* Sec. 4. AS38.95 is amended by adding a new section to read: Article 8. Transfer of Certain Federal Land to the State. Sec. 38.95.310. Legislative Approval of Certain Land Transfers to the State. The state may not accept transfer from the federal government of land containing or reasonably suspected of containing significant environmental contamination or pollution unless the legislature approves the acceptance of the land by law." Renumber the following bill section accordingly. Senator Halford moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. The bill was automatically in third reading. The question to be reconsidered: Shall SENATE BILL NO. 171 am 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 land to the state; and providing for an effective date pass the Senate? The roll was taken with the following result: SB 171 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, SENATE BILL NO. 171 am passed the Senate on reconsideration. 1999-05-12 Senate Journal Page 1403 SB 171 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. SB 90 Senator Torgerson, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on SENATE BILL NO. 90 An Act providing that the state has exclusive jurisdiction to manage fish and game; providing that the state is the only entity to which the federal government may delegate jurisdiction over management of fish and game; and providing that a state agency or employee may not engage in law enforcement activities to enforce a federal law that preempts or supersedes state management of fish and game. Without objection, the bill was referred to the Rules Committee. SB 91 Senator Torgerson, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on SENATE BILL NO. 91 An Act relating to enforcement of subsistence hunting and fishing laws; and repealing the authority of the commissioner of fish and game to assist in the enforcement of federal laws and regulations pertaining to fish and game. Without objection, the bill was referred to the Rules Committee. Reconsideration of Senate Bills SB 32 Senator Taylor requested that the reconsideration on CS FOR SENATE BILL NO. 32(FIN) am An Act making and amending appropriations and reappropriations; making and amending appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date be taken up. The bill was before the Senate on reconsideration. 1999-05-12 Senate Journal Page 1404 SB 32 Senator Taylor moved and asked unanimous consent that the Senate return to second reading for the purpose of rescinding its previous action in failing to adopt Amendment No. 2. Senator Torgerson objected. Senator Taylor called the Senate. The call was satisfied. The question being: Shall the Senate return to second reading for the purpose of rescinding its previous action? The roll was taken with the following result: CSSB 32(FIN) am Return to Second to Rescind Previous Action YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Ward, Wilken Nays: Kelly Pete, Kelly Tim, Torgerson Leman changed from "Nay" to "Yea". and so, the bill was returned to second reading. Senator Taylor moved that the Senate rescind its previous action in failing to adopt Amendment No. 2. Objections were heard. The question being: Shall the Senate rescind its previous action? The roll was taken with the following result: CSSB 32(FIN) am Rescind Previous Action Amendment No. 2 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Green, Halford, Hoffman, Lincoln, Taylor, Torgerson, Ward Nays: Donley, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Wilken 1999-05-12 Senate Journal Page 1405 SB 32 and so, the motion failed. The bill was automatically in third reading. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 32(FIN) am An Act making and amending appropriations and reappropriations; making and amending appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 32(FIN) am Third Reading - On Reconsideration Effective Dates YEAS: 15 NAYS: 5 EXCUSED: 0 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, Lincoln and so, CS FOR SENATE BILL NO. 32(FIN) am passed the Senate on reconsideration. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered. Senator Mackie moved that the constitutional budget reserve fund section(s) be adopted. The question being: Shall the constitutional budget reserve fund section(s) (Article IX, Section 17(c), Constitution of the State of Alaska) be adopted? The roll was taken with the following result: 1999-05-12 Senate Journal Page 1406 SB 32 CSSB 32(FIN) am Constitutional Budget Reserve Section(s) YEAS: 15 NAYS: 5 EXCUSED: 0 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, Lincoln and so, the constitutional budget reserve fund section(s) were adopted and the bill was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. Engrossment SB 32 CS FOR SENATE BILL NO. 32(FIN) am An Act making and amending appropriations and reappropriations; making and amending appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 155 CS FOR SENATE BILL NO. 155(FIN) An Act relating to methods of payment of and reports concerning certain state salaries and business expenses was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1999-05-12 Senate Journal Page 1407 SB 169 CS FOR SENATE BILL NO. 169(FIN) 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 engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 171 SENATE BILL NO. 171 am 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 land to the state; and providing for an effective date 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 13, 1999. Without objection, the Senate adjourned at 2:05 p.m. Nancy Quinto Secretary of the Senate May 1999 1999-05-12 Senate Journal Page 1408 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 12 Wednesday 9:00 AM HB 156PERMANENT FUND INVESTMENTS HB 68BOARD OF PHARMACY HB 102CIGARETTE SALES: AGREEMENT/ESCROW HB 157PFD ALLOWABLE ABSENCES HB 217FISHERY COOPERATIVE CONTRACTS BILLS PREVIOUSLY HEARD/SCHEDULED May 13 Thursday 9:00 AM SB 76PERMANENT FUND INCOME ADVISORY VOTE BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 May 12 Wednesday 2:15 PM = SB 117INSURANCE FOR SCHOOL DISTRICTS SB 170CREDITED SERVICE FOR ON-THE-JOB INJURIES HB 70PUBLIC SCHOOL SURVEYS BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- JUDICIARY BELTZ 211 May 12 Wednesday 2:30 PM + HB 177FOSTER CARE & DELINQUENT MINORS += SB 162RULE AGAINST PERPETUITIES += SB 163TRUSTS AND TRUSTEES += SB 165LTD PARTNERSHIPS AND LTD. LIAB. COMPANIES += SB 166COMMUNITY PROPERTY AGREEMENT/TRUSTS 1999-05-12 Senate Journal Page 1409 JUDICIARY May 13 Thursday 1:30 PM FAHRENKAMP 203 + HB 34REPORTING CRIMES AGAINST CHILDREN += HB 151REVOCATION OF MINOR DRIVER'S LICENSE BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- RESOURCES BUTROVICH 205 May 12 Wednesday 3:00 PM HCR 12JOINT SPECIAL COMMITTEE ON MERGERS ---------------------------------------- RULES FAHRENKAMP 203 May 12 Wednesday 11:30 AM UPON RECESS SB 97MENTAL HEALTH; RECORDS; TREATMENT SB 169OPERATING BUDGET MISSIONS AND MEASURES May 12 Wednesday 2:05 PM HB 13REGULATION OF ESCROW ACCOUNTS SB 94MEDICAL USE OF MARIJUANA HB 102CIGARETTE SALES: AGREEMENT/ESCROW HB 110SALE/LABELING OF MEAT/MILK PRODUCTS SB 157POWER COST EQUALIZATION HB 201OVERTIME COMPENSATION COMPUTATION HB 209ALASKA SCIENCE & TECH FOUNDATION GRANTS HB 214PRISON LITIGATION HB 68BOARD OF PHARMACY SR 3REQUESTING OPINION IN BESS V. ULMER ---------------------------------------- STATE AFFAIRS BELTZ 211 May 13 Thursday 3:30 PM SB 115PERMANENT FUND INVESTMENTS = SB 119PFD ALLOWABLE ABSENCES HJR 33U.N. TREATY ON CLIMATE CHANGE BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- 1999-05-12 Senate Journal Page 1410 TRANSPORTATION BUTROVICH 205 May 13 Thursday 1:30 PM HB 78TRANSFER OF VEHICLE TITLE HCR 5EXTEND DALTON HWY TO ARCTIC OCEAN HB 216SCHOOL BUS SAFETY EQUIPMENT BILLS PREVIOUSLY HEARD/SCHEDULED JOINT COMMITTEES CONFERENCE COMMITTEE ON SB 33 FAHRENKAMP 203 May 13 Thursday 8:30 AM SB 33TASK FORCE ON PRIVATIZATION ---------------------------------------- CONFERENCE COMMITTEE ON HB 50 & HB 51 SENATE FINANCE 532 May 13 Thursday 4:00 PM RESCHEDULED FROM 5/12 ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH 205 May 14 Friday 12:00 PM --NOTE TIME CHANGE