Legislature(1999 - 2000)
2000-02-24 Senate Journal
Full Journal pdf2000-02-24 Senate Journal Page 2403 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska Forty-sixth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:18 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Envoy Craig Fanning of The Salvation Army. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Father, we enter Your presence this morning, reminded that we are but Your instruments on this earth. Reveal Your presence to those present today in a new and exciting way, reassuring them, that they are Your workmen that need not to be ashamed. Grant to those who are elected to govern, the desire to protect those who cannot protect themselves. We also ask that You will bless and use those who work in their offices. Grant to them a steadfast spirit and a sensitive heart to those issues that will affect Your people that call Alaska home. Hear our prayer, Father. Amen. Senator Green led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journal for the forty-fifth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2403 2000-02-24 Senate Journal Page 2404 Messages from the House SB 166 Message dated February 23 was read, stating the House passed and returned: SENATE BILL NO. 166 An Act relating to the amendment and revocation of spouses community property agreements and community property trusts; and providing for an effective date. The bill was referred to the Secretary for enrollment. SB 186 Message dated February 23 was read, stating the House passed and returned: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 186(FIN) An Act relating to a University of Alaska postsecondary education savings program, to the Alaska Higher Education Savings Trust, and to the Alaska advance college tuition savings fund; and providing for an effective date. The bill was referred to the Secretary for enrollment. Message dated February 23 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 67 CS FOR HOUSE BILL NO. 67(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: An Act relating to release of certain persons alleged to have committed certain sexual offenses. was read the first time and referred to the Judiciary Committee. 2000-02-24 Senate Journal Page 2405 HB 230 CS FOR HOUSE BILL NO. 230(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act permitting certain dispatchers in police or fire departments or for the state troopers to convert their credited service under the public employees retirement system to credited service as peace officers; and providing for an effective date. was read the first time and referred to the Labor and Commerce Committee. HB 340 CS FOR HOUSE BILL NO. 340(CRA) BY THE HOUSE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE, entitled: An Act relating to designating the Ketchikan Indian Corporation as a regional housing authority; and providing for an effective date. was read the first time and referred to the Community and Regional Affairs Committee. Communications The following reports are on file in the Office of the Secretary of the Senate: Alaska Marine Highway Investment Earnings Report for the Vessel Replacement Fund and the System Fund from Wilson L. Condon, Commissioner, Department of Revenue in accordance with AS 37.05.550 and AS 19.65.070 Alaska Public Debt 1999-2000 from Wilson L. Condon, Commissioner, Department of Revenue 2000-02-24 Senate Journal Page 2406 Standing Committee Reports SB 256 The Health, Education and Social Services Committee considered SENATE BILL NO. 256 An Act relating to regulation of managed health care and allowing physicians to collectively negotiate with a health care insurer that has substantial market power and recommended it be replaced with CS FOR SENATE BILL NO. 256(HES) An Act relating to regulation of managed health care and allowing physicians to collectively negotiate with a health benefit plan that has substantial market power. Signing no recommendation: Senator Miller, Chair, Senators Wilken, Elton. Signing do pass: Senator Pete Kelly. Fiscal note published today from Department of Community and Economic Development. The bill was referred to the Finance Committee. SB 268 The Judiciary Committee considered SENATE BILL NO. 268 An Act relating to mandatory 99-year terms of imprisonment for persons convicted of certain murders. Signing do pass: Senator Taylor, Chair, Senators Halford, Donley. Zero fiscal notes published today from Department of Administration, Department of Corrections. The bill was referred to the Finance Committee. SB 176 The Rules Committee considered SENATE BILL NO. 176 An Act permitting a physical fitness facility or gymnasium to limit public accommodation to only males or only females and recommended it be replaced with 2000-02-24 Senate Journal Page 2407 SB 176 CS FOR SENATE BILL NO. 176(RLS) An Act permitting a physical fitness facility to limit public accommodation to only males or only females. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman. Signing under other recommendations: Senator Ellis. Previous zero fiscal note. The bill is on todays calendar. SB 194 The Rules Committee considered SENATE BILL NO. 194 An Act relating to the Alaska Chilkat Bald Eagle Preserve. Signing to calendar: Senator Tim Kelly, Chair, Senators Leman, Miller. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. HCR 9 The Rules Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(RES) am Relating to Take a Young Person Hunting Week. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman. Signing under other recommendations: Senator Ellis. The resolution is on todays calendar. Consideration of the Calendar Second Reading of Senate Bills SB 194 SENATE BILL NO. 194 An Act relating to the Alaska Chilkat Bald Eagle Preserve was read the second time. 2000-02-24 Senate Journal Page 2408 SB 194 Senator Halford, Chair, moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 2377. Without objection, CS FOR SENATE BILL NO. 194(RES) 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. 194(RES) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 194(RES) An Act relating to the Alaska Chilkat Bald Eagle Preserve pass the Senate? The roll was taken with the following result: CSSB 194(RES) 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, CS FOR SENATE BILL NO. 194(RES) passed the Senate and was referred to the Secretary for engrossment. Senate Bills in Second Reading SB 176 SENATE BILL NO. 176 An Act permitting a physical fitness facility or gymnasium to limit public accommodation to only males or only females was before the Senate in second reading. Senator Tim Kelly, Chair, moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 2407. Without objection, CS FOR SENATE BILL NO. 176(RLS) An Act permitting a physical fitness facility to limit public accommodation to only males or only females was adopted and read the second time. 2000-02-24 Senate Journal Page 2409 SB 176 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. 176(RLS) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 176(RLS) An Act permitting a physical fitness facility to limit public accommodation to only males or only females pass the Senate? The roll was taken with the following result: CSSB 176(RLS) Third Reading - Final Passage YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Green, Halford, Hoffman, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Elton, Kelly Pete and so, CS FOR SENATE BILL NO. 176(RLS) passed the Senate and was referred to the Secretary for engrossment. Second Reading of House Resolutions HCR 9 CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(RES) am Relating to Take a Young Person Hunting Week, was read the second time and was before the Senate on final passage. Senator Lincoln offered Amendment No. 1 : Page 2, line 9, after hunting: Insert: by those who choose to hunt Senator Lincoln moved for the adoption of Amendment No. 1. Senator Green objected. 2000-02-24 Senate Journal Page 2410 HCR 9 The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CS HCR 9(RES) am Second Reading - Final Passage Amendment No. 1 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Hoffman, Lincoln, Mackie, Phillips Nays: Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken and so, Amendment No. 1 failed. The question being: Shall CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(RES) am Relating to Take a Young Person Hunting Week, pass the Senate? The roll was taken with the following result: CS HCR 9(RES) am Second Reading - Final Passage YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Lincoln and so, CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(RES) am passed the Senate. Senator Lincoln gave notice of reconsideration. 2000-02-24 Senate Journal Page 2411 Citations Honoring - Bob Grove Representative(s) Davies Senator(s) Wilken, Donley, Elton, Lincoln, Leman, Hoffman, Parnell, Green, Pete Kelly, Taylor, Pearce, Mackie, Tim Kelly Honoring - Christopher J. Barnett Representative(s) Bunde Senator(s) Pearce, Donley, Wilken, Elton, Lincoln, Leman, Hoffman, Parnell, Green, Pete Kelly, Taylor, Mackie, Tim Kelly 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 Senate Resolutions SCR 15 Senator Tim Kelly requested that the reconsideration on CS FOR SENATE CONCURRENT RESOLUTION NO. 15(RLS) be taken up. The resolution was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR SENATE CONCURRENT RESOLUTION NO. 15(RLS) Relating to Alcohol- Related Birth Defects Awareness Weeks, pass the Senate? The roll was taken with the following result: CS SCR 15(RLS) Second Reading - On Reconsideration 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 CONCURRENT RESOLUTION NO. 15(RLS) passed the Senate on reconsideration and was referred to the Secretary for engrossment. 2000-02-24 Senate Journal Page 2412 SJR 27 Senator Mackie requested that the reconsideration on SENATE JOINT RESOLUTION NO. 27 am be taken up. The resolution was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE JOINT RESOLUTION NO. 27 am 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, pass the Senate? The roll was taken with the following result: SJR 27 am Third Reading - On Reconsideration 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, SENATE JOINT RESOLUTION NO. 27 am passed the Senate on reconsideration and was referred to the Secretary for engrossment. Unfinished Business SB 101 Senator Mackie moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 101(3d CC) which had been held on the secretarys desk (page 2363). 2000-02-24 Senate Journal Page 2413 SB 101 The question being: Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 101(3d CC) An Act relating to disasters and to the disaster relief fund? The roll was taken with the following result: CCS SB 101(3d CC) Adopt 3d Conference Committee Report? YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Halford, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Green, Hoffman and so, the report was adopted. The Secretary was requested to notify the House. The bill was referred to the Secretary for engrossment and enrollment. Senator Mackie moved and asked unanimous consent that he be excused from a call of the Senate on February 25. Without objection, Senator Mackie was excused. Senator Tim Kelly, Rules Committee Chair, introduced a new member of the 2000 Chamber Staff as follows: Senate Page Jack MacKinnon Announcements Announcements are at the end of the journal. 2000-02-24 Senate Journal Page 2414 Engrossment SB 176 CS FOR SENATE BILL NO. 176(RLS) An Act permitting a physical fitness facility to limit public accommodation to only males or only females was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 194 CS FOR SENATE BILL NO. 194(RES) An Act relating to the Alaska Chilkat Bald Eagle Preserve was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SJR 27 SENATE JOINT RESOLUTION NO. 27 am 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 engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 15 CS FOR SENATE CONCURRENT RESOLUTION NO. 15(RLS) Relating to Alcohol-Related Birth Defects Awareness Weeks, 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., February 25, 2000. Without objection, the Senate adjourned at 11:56 a.m. Heidi Vogel Secretary of the Senate February 2000 2000-02-24 Senate Journal Page 2415 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 CAPITOL 124 Feb 24 Thursday 8:00 AM -- Location and Time Change -- Joint w/(H) Local Boundary Commission Annual Report FAHRENKAMP 203 Feb 25 Friday 1:30 PM No Meeting Scheduled Feb 28 Monday 1:30 PM No Meeting Scheduled Mar 01 Wednesday 1:30 PM + HB 272MUNICIPAL TAX: LOW INCOME HOUSING + SJR 37PROPOSING TRENT-WALDRON MEMORIAL TRAIL Mar 03 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SENATE FINANCE 532 Feb 24 Thursday 9:00 AM -- Meeting Canceled -- += SB 111PIONEERS HOME RECEIPTS += SB 6DISPOSALS OF STATE LAND + Bills Previously Heard/Scheduled 2000-02-24 Senate Journal Page 2416 FINANCE Feb 25 Friday 9:00 AM += SB 250APPROPRIATIONS: CAPITAL/SUPP/REAPPROP Health & Soc Svcs, Mil & Vet Affairs, Natural Res, Public Safety Feb 28 Monday 9:00 AM -- Revised Agenda -- += SB 250APPROPRIATIONS: CAPITAL/SUPP/REAPPROP Revenue, DOT/PF, University, DCED Feb 29 Tuesday 9:00 AM = SB 6DISPOSALS OF STATE LAND SB 175STATE MINING LAW Bills Previously Heard/Scheduled Mar 01 Wednesday 8:00 AM -- Time Change -- Key Campaign SB 281OPERATING BUDGET MISSIONS AND MEASURES Mar 02 Thursday 9:00 AM OMB Overview - Status of AHFC Bonding Projects in Ch 129, SLA 1998 = SB 204EXTEND ALASKA COMMISSION ON AGING SB 256PHYSICIAN NEGOTIATIONS WITH HEALTH INSURE = SB 73ASSISTED LIVING FACILITIES Bills Previously Heard/Scheduled Mar 03 Friday 9:00 AM = SB 95SCHOOL GRADE LEVELS = SB 105PUBLIC SCHOOL FUNDING SB 198INCREASE BASE ALLOCATION FOR EDUCATION SB 244QUALITY SCHOOL GRANT FUND INCREASE Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Feb 28 Monday 1:30 PM No Meeting Scheduled Mar 01 Wednesday 1:30 PM += SB 228PUBLIC SCHOOL CONSTR/MAINTENANCE FUNDING += SB 224CONFIDENTIALITY OF CINA HEARINGS & RECORD Bills Previously Heard/Scheduled 2000-02-24 Senate Journal Page 2417 JUDICIARY BELTZ 211 Feb 25 Friday 1:30 PM No Meeting Scheduled Feb 28 Monday 1:30 PM + HB 67BAIL HEARING FOR SEX OFFENDERS + Bills Previously Heard/Scheduled Mar 01 Wednesday 1:30 PM + SB 277ONLINE SYSTEM REPLACES AK ADMIN JOURNAL + Bills Previously Heard/Scheduled Mar 02 Thursday 1:30 PM FAHRENKAMP 203 -- Location Change -- Overview with Dept of Public Safety Hearing on Reciprocity Mar 03 Friday 1:30 PM BELTZ 211 + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE BELTZ 211 Feb 24 Thursday 1:30 PM No Meeting Scheduled Feb 29 Tuesday 1:30 PM += SB 177INSURANCE TRADE PRACTICES & ACTS + SB 279REDEMPTION OF CORPORATE SHARES Mar 02 Thursday 1:30 PM SB 230RIGHT TO WORK Presentation Natl Right to Work Cmte Only SB 276REQUIRE HEALTH INS COVERAGE FOR DIABETES Mar 07 Tuesday 1:30 PM = SB 230RIGHT TO WORK SB 272WORKERS COMP AND WORKER SAFETY ---------------------------------------- 2000-02-24 Senate Journal Page 2418 RESOURCES BUTROVICH 205 Feb 25 Friday 3:00 PM No Meeting Scheduled Feb 28 Monday 3:00 PM No Meeting Scheduled Mar 01 Wednesday 3:00 PM += SB 255PUB.LAND PERMITS/HEALY-FAIRBANKS INTERTIE + SB 266MARINE ANTI-FOULING PAINTS + Bills Previously/Heard Scheduled Mar 03 Friday 3:00 PM = SB 273OIL SPILL RESPONSE; NONTANK VESSELS & RR Bills Previously Heard/Scheduled ---------------------------------------- STATE AFFAIRS BELTZ 211 Feb 24 Thursday 3:30 PM + HB 133VOTER APPROVAL OF SERVICE AREA CHANGES + SB 262DISABLED PLATES FOR LEASED VEHICLES + Confirmation Hearing: APOC - Jacobson Feb 29 Tuesday 3:30 PM No Meeting Scheduled Mar 02 Thursday 3:30 PM = SB 236POW/MIA DAY & WOMEN VETERANS DAY SB 247VETERANSELIGIBILITY FOR LONGEVITY BONUS Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION BUTROVICH 205 Feb 24 Thursday 1:30 PM No Meeting Scheduled Feb 29 Tuesday 1:30 PM No Meeting Scheduled 2000-02-24 Senate Journal Page 2419 TRANSPORTATION Mar 02 Thursday 1:30 PM Port of Bellingham Presentation = SB 235APPROVING TRANSFER OF RAILROAD LAND = SJR 38ALASKA CANADA RAIL FEASIBILITY STUDY EO101 RELOCATE HIGHWAY SAFETY PLANNING AGENCY FROM DPS TO DOT/PF Bills Previously Heard/Scheduled FINANCE SUBCOMMITTEES ADMINISTRATION SENATE FINANCE 532 Feb 29 Tuesday 1:00 PM Depts FY01 Transfers, Increments and Decrements Compared to FY00 Budget ---------------------------------------- COMMUNITY & ECONOMIC DEVELOPMENT BELTZ 211 Feb 29 Tuesday 12:00 PM Agenda to be Announced ---------------------------------------- EDUCATION & EARLY DEVELOPMENT SENATE FINANCE 532 Feb 28 Monday 3:30 PM Depts FY01 Transfers, Increments and Decrements Compared to FY00 Budget ---------------------------------------- LAW BUTROVICH 205 Feb 28 Monday 5:00 PM Department Overview ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT BELTZ 211 Mar 01 Wednesday 12:00 PM Agenda to be Announced ---------------------------------------- 2000-02-24 Senate Journal Page 2420 FINANCE SUBCOMMITTEES MILITARY AND VETERANS AFFAIRS SENATE FINANCE 532 Mar 01 Wednesday 4:00 PM Joint w/(H) Subcommittee Closeout ---------------------------------------- NATURAL RESOURCES BUTROVICH 205 Feb 24 Thursday 4:00 PM + Joint w/(H) Subcommittee Presentation by Nico Bus, DNR ---------------------------------------- PUBLIC SAFETY FAHRENKAMP 203 Mar 01 Wednesday 12:00 PM Department Overview ---------------------------------------- CAPITAL BUDGET FINANCE SUBCOMMITTEE SENATE FINANCE 532 Feb 29 Tuesday 12:00 PM AK Housing Finance Corp Requests Feb 29 Tuesday 4:30 PM DEC Requests JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW CAPITOL 102 Feb 24 Thursday 1:00 PM -- Rescheduled to 3/7/00 -- + Dept of Natural Resources - Easements and Rights-of-Way Mar 07 Tuesday 1:00 PM -- Rescheduled from 2/24/00 -- + Dept of Natural Resources - Easements and Rights-of-Way ---------------------------------------- 2000-02-24 Senate Journal Page 2421 JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 Mar 02 Thursday 12:00 PM Approval of Minutes, RPLs, Executive Session, Audit Reports, Other Business ---------------------------------------- SPECIAL COMMITTEE ON MERGERS BUTROVICH 205 Feb 24 Thursday 1:00 PM + Proposed BP/ARCO Merger OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH 205 Feb 29 Tuesday 12:00 PM Key Campaign ---------------------------------------- JOINT SESSION HOUSE CHAMBER Mar 08 Wednesday 11:00 AM State of the Judiciary Message from Chief Justice Warren Matthews