Legislature(1999 - 2000)
1999-05-14 Senate Journal
Full Journal pdf1999-05-14 Senate Journal Page 1443 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Sixteenth Day Pursuant to adjournment the Senate was called to order by President Pearce at 1:37 p.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Father Tom Moffatt of the St. Nicholas Orthodox Christian Church of Juneau. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord, look down from Heaven on these Senators gathered together. Give them the grace to run the race, fight the good fight, persevere to the end of their work, which we pray will be pleasing to You. All of this we ask in the Name of our Lord, God and Savior, Jesus Christ. Amen. Senator Donley led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journal for the one hundred fifteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 1443 1999-05-14 Senate Journal Page 1444 Messages from the Governor Letter dated May 12 was read, stating: Dear President Pearce: Last year we made significant progress working together on the Quality Schools Initiative by establishing standards and increasing foundation formula funding, both of which improve what happens in the classroom. Another important element of quality educationproviding adequate, safe, and well-maintained schools in which our children can learnwas only partially addressed in the capital budget last session. The backlog of needed school construction and major maintenance projects across our state continues to grow. Without a long-range balanced budget plan, it is difficult to fully address the massive backlogs for schools and other public facilities. I am hopeful we will have a long-term plan by the end of session. I request you appoint several majority and minority legislators to work with my Administration over the interim. Their task would be to develop a responsible plan and funding mechanism to address the entire statewide prioritized list of school construction and major maintenance projects. The legislation necessary to implement the plan could be ready for action at the beginning of next session. Education is a top priority for Alaskans, the Legislature, and this Administration. Through our combined efforts we now have laws that 1) mandate standards, comprehensive testing, and remedial actions for deficient schools; and, 2) provide more resources for our schools through the foundation formula. Comprehensive school facility legislation will continue to address our education priority by providing adequate space and safety for Alaskas K-12 students. Sincerely, /s/ Tony Knowles Governor 1999-05-14 Senate Journal Page 1445 SB 56 Message dated and received May 13 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. 56(L&C) An Act allowing the disclosure of reports with regard to inspection and investigations of certain health care facilities, home health agencies, hospice programs, and assisted living homes; authorizing the Department of Health and Social Services to license home health agencies; and providing for an effective date. Chapter 20, SLA 1999 Effective Date: See Chapter SB 57 Message dated and received May 13 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 CS FOR CS FOR SENATE BILL NO. 57(JUD) An Act relating to vulnerable adults; and providing for an effective date. Chapter 21, SLA 1999 Effective Date: See Chapter SB 9 Message dated and received May 14 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 1999-05-14 Senate Journal Page 1446 SB 9 CS FOR SENATE BILL NO. 9(HES) An Act relating to the calculation of employee contributions and credited service in the public employees retirement system for noncertificated employees of school districts, regional educational attendance areas, the special education service agency, the Alaska Vocational Technical Center, and the state boarding schools; and providing for an effective date. Chapter 22, SLA 1999 Effective Date: 7/1/99 HB 27 Message dated and received May 14 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. 27(FIN) An Act relating to financial aid received for medical education and financial aid received by students participating in the Western Interstate Commission on Higher Education Professional Student Exchange Program; relating to the Western Regional Higher Education Compact; and providing for an effective date. Chapter 23, SLA 1999 Effective Date: See Chapter 1999-05-14 Senate Journal Page 1447 Messages from the House SB 33 Message dated May 13 was received, stating the Speaker has granted limited powers of free conference to the House members of the Conference Committee considering HOUSE CS FOR CS FOR SENATE BILL NO. 33(FIN) am H An Act relating to contracts for the performance of certain state functions previously performed by state employees and to the Commission on Privatization and Delivery of Government Services; and providing for an effective date and CS FOR SENATE BILL NO. 33(FIN), on the following specific point: The composition of the Commission on Privatization and Delivery of Government Services. SB 98 Message dated May 13 was read, stating the House passed SENATE BILL NO. 98 with the following amendment: Page 2, following line 13: Insert a new bill section to read: * Sec. 2. AS 14.20.150(e) is amended by adding a new subsection to read: (e) Notwithstanding (a) of this section, a teacher who has acquired tenure in a school district who moves to a new school district acquires tenure in the new school district on the first instructional day of the third year of employment in the new school district if (1) the teacher otherwise meets the qualifications for tenure set out in (a) of this section; and (2) the break in service meets the requirements of (d) of this section. and so, SENATE BILL NO. 98 am H An Act relating to teacher tenure is returned for consideration. Senator Mackie moved that the Senate concur in the House amendment. 1999-05-14 Senate Journal Page 1448 SB 98 The question being: Shall the Senate concur in the House amendment? The roll was taken with the following result: SB 98 am H Shall the Senate Concur in the House Amendment to SB 98? YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Elton, Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Ellis, Hoffman, Lincoln, Phillips and so, the Senate concurred in the House amendment, thus adopting SENATE BILL NO. 98 am H An Act relating to teacher tenure. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 133 Message dated May 14 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 133(RLS) am with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 133(FIN) An Act creating and relating to the Regulatory Commission of Alaska and transferring to it certain powers and duties of the Alaska Public Utilities Commission; repealing the Alaska Public Utilities Commission; relating to the powers of the chair of the Regulatory Commission of Alaska; relating to regulatory cost charges for public utilities and pipelines; relating to the appellate procedures of the Regulatory Commission of Alaska; relating to the Alaska Oil and Gas Conservation Commission; and providing for an effective date. with a House Letter of Intent. 1999-05-14 Senate Journal Page 1449 SB 133 Senator Mackie moved and asked unanimous consent that the House Letter of Intent offered on House Journal page 1379 be adopted as a Legislative Letter of Intent. Without objection, the Legislative Letter of Intent was adopted. 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: HCS CSSB 133(FIN) Shall the Senate Concur in the House Amendment to CSSB 133(RLS) Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Lincoln, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Adams, Leman, Phillips and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 133(FIN) An Act creating and relating to the Regulatory Commission of Alaska and transferring to it certain powers and duties of the Alaska Public Utilities Commission; repealing the Alaska Public Utilities Commission; relating to the powers of the chair of the Regulatory Commission of Alaska; relating to regulatory cost charges for public utilities and pipelines; relating to the appellate procedures of the Regulatory Commission of Alaska; relating to the Alaska Oil and Gas Conservation Commission; and providing for an effective date. 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. The Secretary was requested to notify the House. 1999-05-14 Senate Journal Page 1450 SB 133 The bill was referred to the Secretary for enrollment with a Legislative Letter of Intent. SB 134 Message dated May 14 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 134(RLS) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 134(FIN) An Act authorizing the Alaska Oil and Gas Conservation Commission to determine the amount of and to collect a charge for operating wells subject to the commissions jurisdiction, and to allocate expenses of investigation and hearing; authorizing the commission to employ additional professional staff; repealing the oil and gas conservation tax; and providing for an effective date. 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: HCS CSSB 134(FIN) Shall the Senate Concur in the House Amendment to CSSB 134(RLS) 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 1999-05-14 Senate Journal Page 1451 SB 134 and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 134(FIN) An Act authorizing the Alaska Oil and Gas Conservation Commission to determine the amount of and to collect a charge for operating wells subject to the commissions jurisdiction, and to allocate expenses of investigation and hearing; authorizing the commission to employ additional professional staff; repealing the oil and gas conservation tax; and providing for an effective date. 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. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 146 Message dated May 13 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 146(FIN) am with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 146(FIN) am H An Act relating to the amount and disposition of the commercial fishing license fee and to the fishermens fund; and providing for an effective date. Senator Mackie moved that the Senate concur in the House amendments. Senator Leman moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Leman was required to vote. The question being: Shall the Senate concur in the House amendments? The roll was taken with the following result: 1999-05-14 Senate Journal Page 1452 SB 146 HCS CSSB 146(FIN) am H Shall the Senate Concur in the House Amendments to CSSB 146(FIN) am? Effective Date YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Elton, Green, Kelly Pete, Kelly Tim, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Adams, Ellis, Halford, Hoffman, Leman, Lincoln, Taylor and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 146(FIN) am H An Act relating to the amount and disposition of the commercial fishing license fee and to the fishermens fund; and providing for an effective date. Senator Mackie moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: HCS CSSB 146(FIN) am H Effective Date Clause 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 effective date clause was adopted. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. 1999-05-14 Senate Journal Page 1453 Reconsideration of Senate Bills SB 157 Senator Mackie requested that the reconsideration on CS FOR SENATE BILL NO. 157(FIN) am be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 157(FIN) am 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 pass the Senate? The roll was taken with the following result: CSSB 157(FIN) am Third Reading - On Reconsideration YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Elton, Kelly Pete, Kelly Tim, Leman, Miller, Parnell, Pearce, Phillips, Torgerson, Wilken Nays: Adams, Ellis, Green, Halford, Hoffman, Lincoln, Mackie, Taylor, Ward and so, CS FOR SENATE BILL NO. 157(FIN) am passed the Senate on reconsideration. Senator Mackie moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: 1999-05-14 Senate Journal Page 1454 SB 157 CSSB 157(FIN) am Effective Date Clause 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 effective date clause was adopted and the bill was referred to the Secretary for engrossment. Recess Senator Mackie moved and asked unanimous consent that the Senate stand in recess to 6:00 p.m. Without objection, the Senate recessed at 2:09 p.m. After Recess The Senate reconvened at 7:46 p.m. Standing Committee Reports SB 52 Forthcoming fiscal note for the Finance Committee Substitute (page 914) for SENATE BILL NO. 52 An Act relating to competition in the provision of local exchange telephone service; and providing for an effective date published today from Department of Commerce and Economic Development. SB 76 The Finance Committee considered SENATE BILL NO. 76 An Act authorizing an advisory vote on whether appropriations of income from the permanent fund should be restricted; and providing for an effective date and recommended it be replaced with 1999-05-14 Senate Journal Page 1455 SB 76 CS FOR SENATE BILL NO. 76(FIN) An Act authorizing an advisory vote on balanced budget plans; and providing for an effective date. Signing do pass: Senator Parnell, Cochair, Senator Wilken. Signing amend: Senator Torgerson, Cochair, Senators Leman, Donley. Signing do pass if amended: Senator Phillips. Signing no recommendation: Senators Green, Pete Kelly, Adams. Fiscal note published today from Office of the Governor. The bill was referred to the Rules Committee. SB 114 The Judiciary Committee considered SENATE BILL NO. 114 An Act relating to impersonating a public servant and recommended it be replaced with CS FOR SENATE BILL NO. 114(JUD) An Act relating to public officials and to impersonating a public servant. Signing do pass: Senator Taylor, Chair, Senator Halford. Signing no recommendation: Senator Ellis. Zero fiscal note published today from Department of Law. The bill was referred to the Finance Committee. SB 167 The Finance 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 and recommended it be replaced with CS FOR SENATE BILL NO. 167(FIN) An Act relating to scholarships to attend the University of Alaska; and providing for an effective date. 1999-05-14 Senate Journal Page 1456 SB 167 Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Leman, Pete Kelly, Green, Donley, Wilken, Adams. Signing no recommendation: Senator Phillips. Previous fiscal note. The bill was referred to the Rules Committee. HJR 29 The Judiciary Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 29(JUD) Relating to the division of the Ninth Circuit Court of Appeals. Signing do pass: Senator Taylor, Chair, Senators Halford, Donley. Previous House zero fiscal note. The resolution was referred to the Rules Committee. HB 34 The Judiciary Committee considered CS FOR HOUSE BILL NO. 34(FIN) An Act relating to the crime of failure to report the commission or attempted commission of certain crimes against children. Signing do pass: Senator Taylor, Chair, Senator Halford. Signing no recommendation: Senator Ellis. Previous House indeterminate fiscal notes. The bill was referred to the Finance Committee. HB 143 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 143(L&C) An Act relating to the executive officer employed for the Real Estate Commission, to the real estate surety fund, and to employees paid from money in the real estate surety fund. Signing do pass: Senator Mackie, Chair, Senators Leman, Tim Kelly. Signing no recommendation: Senators Hoffman, Donley. Previous House zero fiscal note. 1999-05-14 Senate Journal Page 1457 HB 143 The bill was referred to the Rules Committee. HB 156 The Finance Committee considered CS FOR HOUSE BILL NO. 156(FIN) An Act relating to investments by the Alaska Permanent Fund Corporation; and providing for an effective date and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 156(FIN) Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Phillips, Green, Pete Kelly, Adams, Leman, Wilken. Previous House fiscal note. The bill was referred to the Rules Committee. HB 158 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 158(L&C) An Act relating to the annual report of the director of the division of insurance and to notice of cancellation of personal insurance. 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 Judiciary Committee. SB 52 The Rules Committee considered SENATE BILL NO. 52 An Act relating to competition in the provision of local exchange telephone service; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. 1999-05-14 Senate Journal Page 1458 HB 102 The Rules 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 to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. The bill is on todays calendar. HB 177 The Rules Committee considered CS FOR HOUSE BILL NO. 177(HES) An Act relating to foster parents; relating to the right of foster parents to have notice of, and testify at, delinquency hearings and to the disclosure of minors records to foster parents; and amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska Delinquency Rules. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Miller, Leman, Ellis. The bill is on todays calendar. HB 209 The Rules 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. The bill is on todays calendar. 1999-05-14 Senate Journal Page 1459 HB 217 The Rules 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 to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. HCR 12 The Rules Committee considered HOUSE CONCURRENT RESOLUTION NO. 12 am 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller, Ellis. The resolution is on todays calendar. Special Committee Reports SB 101 May 14, 1999 Madam President: Mr. Speaker: The Conference Committee considering CS FOR SENATE BILL NO. 101(FIN) am and HOUSE CS FOR CS FOR SENATE BILL NO. 101(FIN) An Act relating to disasters and to the disaster relief fund respectfully requests limited powers of free conference on the following specific point: Process by which the Governor may expend state funds in excess of spending limits when the Legislature is not in session and is not convened in special session. Signing the report: Senator Halford, Chair, Senators Parnell, Hoffman; Representatives Murkowski, Bunde, Joule. 1999-05-14 Senate Journal Page 1460 SB 101 President Pearce granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. SB 33 The following report was received and distributed at 3:40 p.m., May14, 1999. May 14, 1999 Madam President: Mr. Speaker: The CONFERENCE COMMITTEE with limited powers of free conference considered CS FOR SENATE BILL NO. 33(FIN) An Act relating to contracts for the performance of certain state functions previously performed by state employees and to the Commission on Privatization and Delivery of Government Services; and providing for an effective date and HOUSE CS FOR CS FOR SENATE BILL NO. 33(FIN) am H and recommends CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 33 An Act relating to contracts for the performance of certain state functions previously performed by state employees and to the Commission on Privatization and Delivery of Government Services; and providing for an effective date. be adopted. Signing the report: Senator Halford, Chair, Senators Pearce, Elton; Representatives Cowdery, Ogan, Brice. Previous Senate fiscal note. Senator Mackie moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 33. 1999-05-14 Senate Journal Page 1461 SB 33 The question being: Shall the Senate adopt the Conference Committee Report on CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 33(FIN) An Act relating to contracts for the performance of certain state functions previously performed by state employees and to the Commission on Privatization and Delivery of Government Services; and providing for an effective date.? The roll was taken with the following result: CCSSB 33 Adopt Conference Committee Report? Effective Date YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Elton, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Phillips, Ward, Wilken Nays: Ellis, Green, Parnell, Pearce, Taylor, Torgerson and so, the report was adopted. 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. The Secretary was requested to notify the House. The bill was referred to the Secretary for engrossment and enrollment. Introduction and Reference of Senate Resolutions SJR 27 SENATE JOINT RESOLUTION NO. 27 BY SENATORS DONLEY, Pearce, Tim Kelly, Green, Pete Kelly, Leman, Miller, Phillips, Taylor, Ward, Wilken, 1999-05-14 Senate Journal Page 1462 SJR 27 Proposing amendments to the Constitution of the State of Alaska relating to revisions of the state constitution and providing that a court may not change language of a proposed constitutional amendment or revision. was read the first time and referred to the Judiciary and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 52 SENATE BILL NO. 52 An Act relating to competition in the provision of local exchange telephone service; 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 914. Without objection, CS FOR SENATE BILL NO. 52(FIN) was adopted and read the second time. Senator Mackie moved and asked unanimous consent that Senator Pearce be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Pearce was required to vote. Senators Miller, Pete Kelly moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senators Miller, Pete Kelly were required to vote. Amendment No. 1 was not offered. Senator Halford offered Amendment No. 2 : 1999-05-14 Senate Journal Page 1463 SB 52 Page 1, line 2, after the word service; insert: relating to fair and equal access to cable television utility services and facilities; Page 1, line 4, insert: * Section. 1. AS 42.05.711(k) is amended to read: A utility that furnishes cable television service in areas which have not been opened to local telephone competition by the Commission under 47 U.S.C. 251 is exempt from the provision of this chapter other than AS 42.05.221 - 42.05.281, in those service areas only, unless the subscribers petition the Commission for regulation under the procedure described in AS 42.05.712. * Sec. 2. The Alaska Public Utilities Commission shall, on or before January 1, 2000, promulgate, issue and implement regulations governing equal access to the services and facilities of cable television utilities. These regulations shall include provision requiring interconnection, collocation of facilities and resale of services and facilities on a wholesale and unbundled basis. * Sec. 3. The Alaska Public Utilities Commission shall, on or before January 1, 2000, promulgate, issue and implement regulations requiring the establishment tariffs for, and governing the establishment of, prices charged by cable television utilities for the provision of service, interconnection, collocation of facilities, resale of services and facilities on a wholesale and unbundled basis. * Sec. 4. All cable television utilities shall file tariffs in conformity with the regulations issued pursuant to the Act within thirty days of the regulations being issued. Renumber the remaining sections. Senator Halford 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: 1999-05-14 Senate Journal Page 1464 SB 52 CSSB 52(FIN) Second Reading Amendment No. 2 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Green, Halford, Hoffman, Lincoln, Miller, Pearce, Phillips, Taylor, Ward Nays: Donley, Kelly Pete, Kelly Tim, Leman, Mackie, Parnell, Torgerson, Wilken and so, Amendment No. 2 was adopted. Senator Halford offered Amendment No. 3 : Page 3, line 13: Delete that served 25,000 or more access lines on January 1, 1999. Senator Halford moved for the adoption of Amendment No. 3. Senator Pete Kelly objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSSB 52(FIN) am Second Reading Amendment No. 3 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Green, Halford, Phillips, Taylor, Ward Nays: Donley, Elton, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Torgerson, Wilken and so, Amendment No. 3 failed. 1999-05-14 Senate Journal Page 1465 SB 52 Senator Pete Kelly offered Amendment No. 4 : Page 2, lines 9 - 12: Delete "(1) regulations ensuring universal service and providing for access charges that are compatible with full competition in the provision of local exchange telephone service using all methods allowed by 47 U.S.C. 251 - 276 (Telecommunications Act of 1996); and" Insert "(1) regulations ensuring universal service and providing for access charges that are compatible with full competition in the provision of local exchange telephone service using all methods allowed by 47 U.S.C. 251 - 276 (Telecommunications Act of 1996) and in full compliance with 47 U.S.C. 251(f)(1)(B); and" Page 3, lines 6 - 9: Delete "(1) regulations ensuring universal service and providing for access charges that are compatible with full competition in the provision of local exchange telephone service using all methods allowed by 47 U.S.C. 251 - 276 (Telecommunications Act of 1996); and" Insert "(1) regulations ensuring universal service and providing for access charges that are compatible with full competition in the provision of local exchange telephone service using all methods allowed by 47 U.S.C. 251 - 276 (Telecommunications Act of 1996) and in full compliance with 47 U.S.C. 251(f)(1)(B); and" Senator Pete Kelly moved for the adoption of Amendment No. 4. Senator Halford objected, then withdrew his objection. There being no further objections, Amendment No. 4 was adopted. Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Adams objected. 1999-05-14 Senate Journal Page 1466 SB 52 The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: CSSB 52(FIN) am Advance from Second to Third Reading? YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Wilken Nays: Adams, Ellis, Elton, Lincoln, Taylor, Ward and so, the bill failed to advance to third reading. CS FOR SENATE BILL NO. 52(FIN) am will appear on the May 15 calendar. Second Reading of House Bills HB 102 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 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. 102 was read the third time. The question being: Shall 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 pass the Senate? The roll was taken with the following result: 1999-05-14 Senate Journal Page 1467 HB 102 HB 102 Third Reading - Final Passage Effective Date 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, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Taylor and so, HOUSE BILL NO. 102 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 Taylor gave notice of reconsideration. HB 177 CS FOR HOUSE BILL NO. 177(HES) An Act relating to foster parents; relating to the right of foster parents to have notice of, and testify at, delinquency hearings and to the disclosure of minors records to foster parents; and amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska Delinquency Rules 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. CS FOR HOUSE BILL NO. 177(HES) was read the third time. 1999-05-14 Senate Journal Page 1468 HB 177 The question being: Shall CS FOR HOUSE BILL NO. 177(HES) An Act relating to foster parents; relating to the right of foster parents to have notice of, and testify at, delinquency hearings and to the disclosure of minors records to foster parents; and amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska Delinquency Rules pass the Senate? The roll was taken with the following result: CSHB 177(HES) Third Reading - Final Passage Court Rules 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 HOUSE BILL NO. 177(HES) 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 Court Rule changes. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 209 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 was read the second time Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1389. Without objection, SENATE CS FOR HOUSE BILL NO. 209(FIN) was adopted and read the second time. 1999-05-14 Senate Journal Page 1469 HB 209 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 CS FOR HOUSE BILL NO. 209(FIN) was read the third time. The question being: Shall SENATE CS FOR HOUSE BILL NO. 209(FIN) 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 pass the Senate? The roll was taken with the following result: SCSHB 209(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Halford, Phillips and so, SENATE CS FOR HOUSE BILL NO. 209(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. HB 217 HOUSE BILL NO. 217 An Act relating to obligations and payments to the state under fishery cooperative contracts; and providing for an effective date was read the second time. 1999-05-14 Senate Journal Page 1470 HB 217 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. 217 was read the third time. The question being: Shall HOUSE BILL NO. 217 An Act relating to obligations and payments to the state under fishery cooperative contracts; and providing for an effective date pass the Senate? The roll was taken with the following result: HB 217 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 and so, HOUSE BILL NO. 217 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 signed by the President and Secretary and returned to the House. Second Reading of House Resolutions HCR 12 HOUSE CONCURRENT RESOLUTION NO. 12 am was read the second time and was before the Senate on final passage. Senators Taylor, Miller moved and asked unanimous consent that they be shown as cross sponsors on the resolution. Without objection, it was so ordered. 1999-05-14 Senate Journal Page 1471 HCR 12 The question being: Shall HOUSE CONCURRENT RESOLUTION NO. 12 am 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, pass the Senate? The roll was taken with the following result: HCR 12 am Second 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, HOUSE CONCURRENT RESOLUTION NO. 12 am passed the Senate, was signed by the President and Secretary and returned to the House. Citations Honoring - Alaska Boys and Girls State Senator(s) Leman, Phillips, Ellis, Halford, Ward, Donley, Wilken, Taylor, Tim Kelly, Lincoln, Hoffman, Green, Mackie, Pete Kelly, Parnell, Pearce, Elton Representative(s) Murkowski Honoring - Shawne Corbett Representative(s) James Senator(s) Miller, Wilken, Taylor, Tim Kelly, Lincoln, Hoffman, Green, Mackie, Pete Kelly, Parnell, Pearce, Elton, Leman Honoring - Kacera Cox, Geography Bee Champion Representative(s) Masek Senator(s) Green, Wilken, Taylor, Tim Kelly, Lincoln, Hoffman, Mackie, Pete Kelly, Halford, Parnell, Pearce, Elton, Leman 1999-05-14 Senate Journal Page 1472 Honoring - David Hepler and Daniel Hepler, Eagle Scouts Representative(s) Masek Senator(s) Green, Wilken, Taylor, Tim Kelly, Lincoln, Hoffman, Mackie, Pete Kelly, Parnell, Pearce, Elton, Leman In Memoriam - Lynn Frank Saupe Representative(s) Austerman Senator(s) Mackie, Wilken, Taylor, Tim Kelly, Lincoln, Hoffman, Green, Pete Kelly, Parnell, Pearce, Elton, Leman In Memoriam - Ethel Louise Peck Senator(s) Tim Kelly, Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Pete Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken 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. Reconsideration of House Bills HB 201 Senator Halford requested that the reconsideration on CS FOR HOUSE BILL NO. 201(FIN) am An Act relating to the computation of overtime; 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. Senator Mackie objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. Senator Halford offered Amendment No. 1 : Page 2, line 23: Delete * Sec. 3. RETROSPECTIVE EFFECT. This Act is retroactive to April 1, 1997. And renumber accordingly. 1999-05-14 Senate Journal Page 1473 HB 201 Senator Halford moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No.1 was adopted. CS FOR HOUSE BILL NO. 201(FIN) am S was automatically in third reading. The question to be reconsidered: Shall CS FOR HOUSE BILL NO. 201(FIN) am S An Act relating to the computation of overtime; and providing for an effective date pass the Senate? The roll was taken with the following result: CSHB 201(FIN) am S Third Reading - On Reconsideration Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Absent: Kelly Tim and so, CS FOR HOUSE BILL NO. 201(FIN) am S 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 clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Unfinished Business SB 117 Senator Mackie, Chair, moved and asked unanimous consent that the Labor and Commerce Committee referral be waived on SENATE BILL NO. 117 An Act relating to property insurance required for school districts. Without objection, the bill was referred to the Rules Committee. 1999-05-14 Senate Journal Page 1474 HB 214 The reconsideration on 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 was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. Announcements Announcements are at the end of the journal. Engrossment SB 157 CS FOR SENATE BILL NO. 157(FIN) am 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 was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 201 CS FOR HOUSE BILL NO. 201(FIN) am S An Act relating to the computation of overtime; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 209 SENATE CS FOR HOUSE BILL NO. 209(FIN) 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 engrossed, signed by the President and Secretary and returned to the House for consideration. 1999-05-14 Senate Journal Page 1475 Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 2:00 p.m., May 15, 1999. Without objection, the Senate adjourned at 8:57 p.m. Nancy Quinto Secretary of the Senate May 1999 1999-05-14 Senate Journal Page 1476 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 14 Friday 8:00 AM += SB 76PERMANENT FUND INCOME ADVISORY VOTE SB 167UOA SCHOLARSHIPS/ALASKA SCHOLARS PROGRAM += HB 40DEPT OF COMMERCE & RURAL DEVELOPMENT += HB 156PERMANENT FUND INVESTMENTS += HB 157PFD ALLOWABLE ABSENCES BILLS PREVIOUSLY HEARD/SCHEDULED May 14 Friday 3:00 PM BILLS PREVIOUSLY HEARD/SCHEDULED += HB 40DEPT OF COMMERCE & RURAL DEVELOPMENT May 14 Friday 9:15 PM BILLS PREVIOUSLY HEARD/SCHEDULED May 15 Saturday 9:30 AM HB 96DEPOSITS TO THE PERMANENT FUND HB 131ANCHORAGE COASTAL WILDLIFE REFUGE HB 187CERTIFICATES OF NEED FOR HEALTH FACILITY BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- JUDICIARY BELTZ 211 May 14 Friday 2:30 PM + HB 135POLICE USE OF EAVESDROPPING DEVICES + HB 225CAMPAIGN FINANCE AND LEGISLATIVE ETHICS = HB 151REVOCATION OF MINOR DRIVER'S LICENSE BILLS PREVIOUSLY HEARD/SCHEDULED 1999-05-14 Senate Journal Page 1477 JUDICIARY May 15 Saturday 12:00 PM + HB 82IMMUNITY:CLAIMS ARISING FROM Y2K PROBLEMS += HB 83ALASKA SECURITIES ACT + HB 33ARRESTS BY PRIVATE PERSONS + HB 79UNIFORM COMMERCIAL CODE:LETTERS OF CREDIT += HB 151REVOCATION OF MINOR DRIVER'S LICENSE += HB 225CAMPAIGN FINANCE AND LEGISLATIVE ETHICS BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- LABOR & COMMERCE BELTZ 211 May 14 Friday 2:15 PM HB 143REAL ESTATE:SURETY FUND & DISCLOSURES HB 158NOTICE OF INS. CANCELLATION TO ELDERLY HCR 10SALE OF FOUR DAM POOL BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- RESOURCES BUTROVICH 205 May 14 Friday 3:00 PM -- MEETING CANCELLED -- May 15 Saturday 5:00 PM HB 104ENTRY MORATORIA ON PARTICIPANTS/VESSELS BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- RULES FAHRENKAMP 203 May 14 Friday 9:00 PM POSTPONED TO 5/15 May 15 Saturday 1:30 PM RESCHEDULED FROM 5/14 HB 78TRANSFER OF VEHICLE TITLE HB 216SCHOOL BUS SAFETY EQUIPMENT HJR 29ENDORSE FED COURT OF APPEALS/9TH CIRCUIT SB 167UOA SCHOLARSHIPS/ALASKA SCHOLARS PROGRAM = SJR 18EXXON VALDEZ DAMAGE CLAIMS HB 143REAL ESTATE:SURETY FUND & DISCLOSURES BILLS PREVIOUSLY HEARD/SCHEDULED 1999-05-14 Senate Journal Page 1478 JOINT COMMITTEES CONFERENCE COMMITTEE ON SB 101 BUTROVICH 205 May 14 Friday 8:30 AM SB 101DEFINITION OF DISASTER ---------------------------------------- CONFERENCE COMMITTEE ON SB 33 BUTROVICH 205 May 14 Friday 3:00 PM = SB 33TASK FORCE ON PRIVATIZATION ---------------------------------------- CONFERENCE COMMITTEE ON HB 50 & HB 51 SENATE FINANCE 532 May 14 Friday 4:00 PM DEPARTMENTS TO BE TAKEN UP: COMMERCE AND ECONOMIC DEVELOPMENT NATURAL RESOURCES UNIVERSITY OF ALASKA May 15 Saturday 4:00 PM DEPARTMENTS TO BE TAKEN UP: COMMUNITY AND REGIONAL AFFAIRS HEALTH AND SOCIAL SERVICES TRANSPORTATION AND PUBLIC FACILITIES ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH 205 May 14 Friday 12:00 PM POSTPONED May 18 Tuesday 12:30 PM RESCHEDULED FROM 5/14/99 OTHER MEETINGS MAJORITY CAUCUS BUTROVICH 205 May 14 Friday 5:00 PM Rule 23(d) currently in effect