Legislature(1999 - 2000)

2000-02-29 Senate Journal

Full Journal pdf

2000-02-29                     Senate Journal                      Page 2461
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                   TWENTY-FIRST LEGISLATURE - SECOND SESSION                   
                                                                               
Juneau, Alaska                                                                 
                                                                               
                                Fifty-first Day                                
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:12 a.m.                                                           
                                                                               
The roll showed fifteen members present. Senator Lincoln was                   
excused from a call of the Senate. Senators Green, Pete Kelly, Tim             
Kelly, Mackie were absent.                                                     
                                                                               
The prayer was offered by the Chaplain, Pastor Greg Lindsay of the             
Northern Light United Church. Senator Hoffman moved and asked                  
unanimous consent that the prayer be spread. Without objection, it             
was so ordered.                                                                
                                                                               
With respect for the religious life of each person                            
here, let us pause for a moment of prayer and                                  
reflection:                                                                    
                                                                               
God of all life, past, present and future, we thank                           
You for each small victory where everyone wins.                                
We thank You for times of learning and growth that                             
come when we dont win. May our challenges and                                  
disappointments be turned into opportunities to                                
better serve all the people of Alaska.                                         
                                                                               
Order our days agenda that we might serve where                               
we are needed the most. And may the immediate                                  
never take precedence over the important.     Amen.                            
                                                                               
Senator Leman led the Senate in the Pledge of Allegiance.                      
                                                                               
                                                                               
                                      2461                                     

2000-02-29                     Senate Journal                      Page 2462
                                Certification                                
                                                                               
Senator Leman, Acting Majority Leader, moved and asked unanimous               
consent that the journal for the fiftieth legislative day be approved          
as certified by the Secretary. Without objection, it was so ordered.           
                                                                               
The presence of Senator Mackie was noted.                                      
                                                                               
                                                                               
                           Messages from the House                           
                                                                               
SB 101                                                                       
Message dated February 28 was read, stating the House has adopted              
the report of the 3rd Conference Committee considering HOUSE CS                
FOR CS FOR SENATE BILL NO. 101(FIN) and CS FOR SENATE                          
BILL NO. 101(FIN) am, thus adopting:                                           
                                                                               
CONFERENCE CS FOR SENATE BILL NO.                                             
101(3d CC) An Act relating to disasters and to the                             
disaster relief fund.                                                          
                                                                               
The Senate adopted CONFERENCE CS FOR SENATE BILL NO.                           
101(3d CC) on February 24 (page 2413).                                         
                                                                               
The bill was referred to the Secretary for engrossment and                     
enrollment.                                                                    
The presence of Senator Green was noted.                                       
                                                                               
                                                                               
                                Communications                               
                                                                               
The following reports are on file in the Office of the Secretary of            
the Senate:                                                                    
                                                                               
Council on Domestic Violence and Sexual Assault, FY 99                         
Annual Report                                                                  
from Ron Otte, Commissioner, Department of Public Safety                       
in accordance with AS 18.66.050                                                
                                                                               

2000-02-29                     Senate Journal                      Page 2463
Nonresidents Working In Alaska - 1998                                          
from Ed Flanagan, Commissioner, Department of Labor and                        
Workforce Development                                                          
in accordance with AS 36.10.130                                                
                                                                               
State of Vermont Joint Senate Resolution No. 78, relating to the               
need for national leadership to address the high cost of medically             
necessary prescription drugs                                                   
from David A. Gibson, Secretary of the Vermont Senate                          
                                                                               
Report from the Commissioner of the Department of Administration               
dated February 24 was received, stating the monetary terms for the             
collective bargaining agreement reached between the State and the              
Alaska State Employees Association (ASEA) representing the general             
government unit of State employees in accordance with AS                       
23.40.215.                                                                     
                                                                               
President Pearce referred the report to the Finance Committee.                 
                                                                               
Report from the Commissioner of the Department of Administration               
dated February 25 was received, stating the monetary terms for the             
collective bargaining agreement reached between the State and the              
Public Safety Employees Association (PSEA) on behalf of all                    
Correctional Officers in accordance with AS 23.40.215.                         
                                                                               
President Pearce referred the report to the Finance Committee.                 
                                                                               
                                                                               
                          Standing Committee Reports                         
                                                                               
SB 175                                                                       
The Finance Committee considered SENATE BILL NO. 175 An                        
Act relating to state mining law, to methods of locating mining                
claims, to the granting of larger mining claims using a legal                  
subdivision based on rectangular survey descriptions, and to                   
mandatory rental payments for prospecting rights. Signing do pass:             
Senators Torgerson, Parnell, Cochairs, Senators Pete Kelly, Adams,             
Leman. Signing no recommendation: Senator Phillips.                            
                                                                               
                                                                               

2000-02-29                     Senate Journal                      Page 2464
SB 175                                                                       
Fiscal note published today from Department of Natural Resources.              
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
                                                                               
                        Consideration of the Calendar                        
                                                                               
SB 114                                                                       
Senator Taylor moved and asked unanimous consent that CS FOR                   
SENATE BILL NO. 114(JUD) An Act relating to public officials                   
and to impersonating a public servant be returned to the Rules                 
Committee. Without objection, it was so ordered.                               
President Pearce called the Senate. The call was satisfied.                    
                                                                               
                                                                               
                        Senate Bills in Third Reading                        
                                                                               
SB 123                                                                       
CS FOR SENATE BILL NO. 123(FIN) An Act relating to public                      
interest litigants and to attorney fees; and amending Rule 82, Alaska          
Rules of Civil Procedure which had been held in third reading                  
(page 2451) was before the Senate.                                             
                                                                               
Senator Donley rose to a point of order. President Pearce cautioned            
members to proceed in order.                                                   
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 123(FIN)                      
An Act relating to public interest litigants and to attorney fees; and         
amending Rule 82, Alaska Rules of Civil Procedure pass the                     
Senate? The roll was taken with the following result:                          
                                                                               
                                                                               

2000-02-29                     Senate Journal                      Page 2465
SB 123                                                                       
                                                                               
CSSB 123(FIN)                                                                  
Third Reading - Final Passage                                                  
                                                                               
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman,                   
Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward,            
Wilken                                                                         
                                                                               
Nays:  Adams, Ellis, Elton, Hoffman                                            
                                                                               
Excused:  Lincoln                                                              
                                                                               
and so, CS FOR SENATE BILL NO. 123(FIN) passed the Senate.                     
                                                                               
Senator Mackie moved the Court Rule change.                                    
                                                                               
The question being: Shall the Court Rule change be adopted? The                
roll was taken with the following result:                                      
                                                                               
CSSB 123(FIN)                                                                  
Court Rule                                                                     
                                                                               
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman,                   
Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward,            
Wilken                                                                         
                                                                               
Nays:  Adams, Ellis, Elton, Hoffman                                            
                                                                               
Excused:  Lincoln                                                              
                                                                               
and so, the Court Rule change was adopted.                                     
                                                                               
Senator Ellis gave notice of reconsideration.                                  
                                                                               
                                                                               

2000-02-29                     Senate Journal                      Page 2466
                                  Citations                                  
                                                                               
Honoring - Iyana Gusty                                                         
Representative(s) Morgan                                                       
Senator(s) Lincoln, Hoffman, Elton, Wilken, Mackie, Tim Kelly,                 
Pearce, Green, Taylor, Pete Kelly, Adams, Leman, Parnell, Halford              
                                                                               
Honoring - Matthew Nicolai, Western Council Boy Scouts of                      
America, Distinguished Eagle Scout Award                                       
Representative(s) Morgan                                                       
Senator(s) Lincoln, Hoffman, Elton, Wilken, Mackie, Tim Kelly,                 
Pearce, Green, Taylor, Pete Kelly, Adams, Leman, Donley, Parnell,              
Ellis, Halford                                                                 
                                                                               
In Memoriam - Peggy A. Hunt                                                    
Representative(s) Phillips                                                     
Senator(s) Torgerson, Hoffman, Elton, Wilken, Mackie, Tim Kelly,               
Pearce, Green, Taylor, Pete Kelly, Adams, Leman, Donley, Parnell               
                                                                               
In Memoriam - Abbie Natalie Stephanoff                                         
Representative(s) Morgan                                                       
Senator(s) Lincoln, Hoffman, Elton, Wilken, Mackie, Tim Kelly,                 
Pearce, Green, Taylor, Pete Kelly, Adams, Leman, Donley, Parnell,              
Halford                                                                        
                                                                               
Senator Mackie moved and asked unanimous consent that the                      
citations be adopted. Without objection, the citations were adopted            
and referred to the Secretary for transmittal.                                 
                                                                               
                                                                               
                             Unfinished Business                             
                                                                               
Senator Parnell moved and asked unanimous consent that he be                   
excused from a call of the Senate from afternoon plane time, March             
3 through afternoon plane time, March 5. Without objection, Senator            
Parnell was excused.                                                           
                                                                               
                                                                               

2000-02-29                     Senate Journal                      Page 2467
Senator Ward moved and asked unanimous consent that he be                      
excused from a call of the Senate from March 18 through plane                  
time, March 20. Without objection, Senator Ward was excused.                   
                                                                               
Senator Adams moved and asked unanimous consent that he be                     
excused from the Senate, not subject to a call, on March 2 and 3.              
Without objection, Senator Adams was excused.                                  
                                                                               
Senator Donley moved and asked unanimous consent that he be                    
excused from a call of the Senate on March 27 and 28. Without                  
objection, Senator Donley was excused.                                         
                                                                               
                                                                               
                                Announcements                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                  Enrollment                                 
                                                                               
SB 166                                                                       
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 was             
enrolled, signed by the President and Secretary, Speaker and Chief             
Clerk and the engrossed and enrolled copies transmitted to the Office          
of the Governor at 2:25 p.m., February 29, 2000.                               
                                                                               
                                                                               
                                 Adjournment                                 
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., March 1, 2000. Without                  
objection, the Senate adjourned at 11:38 a.m.                                  
                                                                               
                                                           Heidi Vogel         
                                               Secretary of the Senate         
                                                                               
                                                         February 2000         

2000-02-29                     Senate Journal                      Page 2468
                                Announcements                                
                                                                               
Americans with Disabilities Act Notice - Persons with disabilities who         
require special accommodation or alternative communication formats to          
access committee meetings may contact the appropriate committee office or      
the Legislative Information Office in their community. Reasonable advance      
notice is needed to accommodate the request. For further information, call     
the ADA Coordinator at 465-3854 Voice/465-4980 TDD.                            
                                                                               
                                                                               
                          SENATE STANDING COMMITTEES                         
+ indicates teleconference                                                     
= indicates bill previously heard/scheduled                                    
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                                 FAHRENKAMP 203                                
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 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 (8:00 - 9:00 AM)                                                
	-- Revised Agenda --                                                         
	SB 281OPERATING BUDGET MISSIONS AND MEASURES                                 
=	SB 250APPROPRIATIONS: CAPITAL/SUPP/REAPPROP                                 
	<Bill will not be heard -dept presentations completed 2/28/00>               
	                                                                             
                                                                               
                                                                               

2000-02-29                     Senate Journal                      Page 2469
                                   FINANCE                                   
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                                 
Mar 01                         Wednesday 1:30 PM                               
+=	SB 228PUBLIC SCHOOL CONSTR/MAINTENANCE FUNDING                             
+=	SB 224CONFIDENTIALITY OF CINA HEARINGS & RECORD                            
	Bills Previously Heard/Scheduled                                             
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                   BELTZ 211                                   
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                                                      
                                                                               
                                   BELTZ 211                                   
Mar 03                           Friday 1:30 PM                                
+	Bills Previously Heard/Scheduled                                            
                    ----------------------------------------                   
                                                                               
                                                                               

2000-02-29                     Senate Journal                      Page 2470
                               LABOR & COMMERCE                              
                                   BELTZ 211                                   
Feb 29                          Tuesday 1:30 PM                                
+=	SB 177INSURANCE TRADE PRACTICES & ACTS                                     
+	SB 279REDEMPTION OF CORPORATE SHARES                                        
	Bill Postponed to 3/2/00                                                     
                                                                               
Mar 02                          Thursday 1:30 PM                               
+=	SB 279REDEMPTION OF CORPORATE SHARES                                       
	Rescheduled from 2/29/00                                                     
+	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                                         
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                                 BUTROVICH 205                                 
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 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                                             
	Confirmation Hearing:  APOC - Jacobson                                       
                    ----------------------------------------                   
                                                                               
                                                                               

2000-02-29                     Senate Journal                      Page 2471
                                TRANSPORTATION                               
                                 BUTROVICH 205                                 
Feb 29                          Tuesday 1:30 PM                                
	No Meeting Scheduled                                                         
                                                                               
Mar 02                          Thursday 1:30 PM                               
	Port of Bellingham Presentation                                              
+=	SB 235APPROVING TRANSFER OF RAILROAD LAND                                  
+=	SJR 38ALASKA CANADA RAIL FEASIBILITY STUDY                                 
+	EO 101   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                               
	-- Meeting Canceled --                                                       
	Agenda to be Announced                                                       
                    ----------------------------------------                   
                                                                               
                                 FISH & GAME                                 
                               SENATE FINANCE 532                              
Mar 06                          Monday 12:00 PM                                
	Changes to FY01 Budget                                                       
                                                                               
Mar 22                         Wednesday 12:00 PM                              
	Budget Closeout                                                              
                    ----------------------------------------                   
                                                                               
                        LABOR & WORKFORCE DEVELOPMENT                        
                                   BELTZ 211                                   
Mar 01                         Wednesday 12:00 PM                              
	-- Meeting Canceled --                                                       
	Agenda to be Announced                                                       
                    ----------------------------------------                   
                                                                               
                                                                               

2000-02-29                     Senate Journal                      Page 2472
                            FINANCE SUBCOMMITTEES                            
                        MILITARY AND VETERANS AFFAIRS                        
                               SENATE FINANCE 532                              
Mar 01                         Wednesday 4:00 PM                               
	Joint w/(H) Subcommittee                                                     
	Closeout                                                                     
                    ----------------------------------------                   
                                                                               
                              NATURAL RESOURCES                              
                                 BUTROVICH 205                                 
Mar 06                          Monday 12:00 PM                                
+	Budget Closeout                                                             
                    ----------------------------------------                   
                                                                               
                                PUBLIC SAFETY                                
                                 FAHRENKAMP 203                                
Mar 01                         Wednesday 12:00 PM                              
	Department Overview                                                          
                    ----------------------------------------                   
                                                                               
                      TRANSPORTATION & PUBLIC FACILITIES                     
                               SENATE FINANCE 532                              
Mar 07                          Tuesday 12:00 PM                               
	Changes to FY01 Budget                                                       
                                                                               
Mar 21                          Tuesday 2:30 PM                                
	Budget Closeout                                                              
                    ----------------------------------------                   
                                                                               
                     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                                  
Mar 07                          Tuesday 1:00 PM                                
	-- Rescheduled from 2/24/00 --                                               
+	Dept of Natural Resources - Easements and                                   
	Rights-of-Way                                                                
                    ----------------------------------------                   

2000-02-29                     Senate Journal                      Page 2473
                               JOINT COMMITTEES                              
                          LEGISLATIVE BUDGET & AUDIT                         
                               HOUSE FINANCE 519                               
Mar 02                         Thursday 12:00 PM                               
+	Approval of Minutes, RPLs, Executive                                        
	Session, Audit Reports, Other Business                                       
                                                                               
                                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                                                
                    ----------------------------------------                   
                                                                               
                               MAJORITY CAUCUS                               
                                 BUTROVICH 205                                 
Mar 01                         Wednesday 11:30 AM                              
	-- Upon Adjournment --