Legislature(1999 - 2000)
2000-03-03 Senate Journal
Full Journal pdf2000-03-03 Senate Journal Page 2505 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska Fifty-fourth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:11 a.m. The roll showed eighteen members present. Senators Adams, Donley were excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Greg Lindsay of the Northern Light United Church. Senator Pete Kelly moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. With respect for the faith life of each person here, let us pray: Holy One, as we awake to the business of the day, we long for a sense of peace. May the peace of Your Spirit calm our hearts, and deliver to us a measure of Your justice and compassion, by which we can order our agendas. As we do our work may we be ever mindful of those who live on the fringe of society; families torn by violence, adults without meaningful work, and children and youth who live without adult mentors and leaders. Draw us, O God, to the joy of serving. Amen. Senator Miller led the Senate in the Pledge of Allegiance. 2505 2000-03-03 Senate Journal Page 2506 Certification Senator Mackie moved and asked unanimous consent that the journal for the fifty-third legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Communications Report from the Commissioner of the Department of Administration dated February 29 was received, stating the monetary terms for the collective bargaining agreement reached between the University of Alaska and the United Academics on behalf of the four year faculty at the University of Alaska 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 March 2 was received, stating the monetary terms for the collective bargaining agreement reached between the State and the Marine Engineers Beneficial Association (MEBA) on behalf of Engineer Officers in accordance with AS 23.40.215. President Pearce referred the report to the Finance Committee. Standing Committee Reports Report dated March 2 was read stating: In accordance with AS 39.05.080, the Senate State Affairs Committee reviewed the following and recommends the appointment be forwarded to a joint session for consideration Alaska Public Offices Commission (APOC) Andrea Jacobson - Ketchikan 2000-03-03 Senate Journal Page 2507 There were no stated objections to the confirmation of the named individual by committee members. This does not reflect an intent by any of the members to vote for or against her during further sessions. Signing the report: Senator Ward, Chair, Senators Wilken, Elton, Green, Phillips. SB 235 The Transportation Committee considered SENATE BILL NO. 235 An Act authorizing the exchange of land between the Alaska Railroad Corporation and Eklutna, Inc., between the Alaska Railroad Corporation and the United States Department of the Army and the United States Department of the Air Force, between the Alaska Railroad Corporation and Chugach Alaska Corporation, and between the Alaska Railroad Corporation and the Municipality of Anchorage; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 235(TRA) An Act authorizing the exchange of land between the Alaska Railroad Corporation and Eklutna, Inc., between the Alaska Railroad Corporation and the United States Department of the Army and the United States Department of the Air Force, between the Alaska Railroad Corporation and Chugach Alaska Corporation, and between the Alaska Railroad Corporation and the Municipality of Anchorage; authorizing the transfer of land between Alaska Railroad mileposts 133 and 134 from the Alaska Railroad Corporation to certain named individuals; and providing for an effective date. Signing no recommendation: Senator Ward, Chair, Senators Pearce, Lincoln, Miller. Zero fiscal note published today from Alaska Railroad Corporation. The bill was referred to the Resources Committee. 2000-03-03 Senate Journal Page 2508 SB 236 The State Affairs Committee considered SENATE BILL NO. 236 An Act establishing Prisoners of War and Missing in Action Recognition Days and Women Veterans Day; and providing for an effective date. Signing do pass: Senator Ward, Chair, Senators Elton, Green, Phillips. Previous zero fiscal note. The bill was referred to the Rules Committee. SB 276 The Labor and Commerce Committee considered SENATE BILL NO. 276 An Act requiring that health care insurers provide coverage for treatment of diabetes. Signing do pass: Senator Mackie, Chair, Senators Leman, Hoffman. Signing amend: Senator Tim Kelly. Zero fiscal note published today from Department of Community and Economic Development. The bill was referred to the Finance Committee. SB 279 The Labor and Commerce Committee considered SENATE BILL NO. 279 An Act relating to the redemption of shares of certain Alaska corporations. Signing do pass: Senator Mackie, Chair, Senator Leman. Signing no recommendation: Senators Tim Kelly, Hoffman. Zero fiscal note published today from Department of Community and Economic Development. The bill was referred to the Rules Committee. 2000-03-03 Senate Journal Page 2509 SJR 38 The Transportation Committee considered SENATE JOINT RESOLUTION NO. 38 Expressing support for a cooperative United States-Canada feasibility study on extending the North American rail system through British Columbia and the Yukon Territory to Alaska. Signing do pass: Senator Ward, Chair, Senators Pearce, Miller. Signing no recommendation: Senator Lincoln. Zero fiscal note published today from the Senate Transportation Committee. The resolution was referred to the Rules Committee. SB 266 The Rules Committee considered SENATE BILL NO. 266 An Act repealing the exemptions from state law relating to the sale and use of TBT-based marine antifouling paints; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senator Pearce. Signing to calendar and do pass: Senators Leman, Ellis. The bill is on todays calendar. Recess Senator Tim Kelly moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 11:22 a.m. After Recess The Senate reconvened at 11:31 a.m. 2000-03-03 Senate Journal Page 2510 Standing Committee Reports Continued SB 255 The Rules Committee considered SENATE BILL NO. 255 An Act regarding best interest findings and land use permits issued by the Department of Natural Resources; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. Introduction and Reference of Senate Bills SB 288 SENATE BILL NO. 288 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: An Act authorizing the Department of Transportation and Public Facilities to enter into an agreement with the Inter-Island Ferry Authority regarding the operation of the Clarke Bay Terminal, Prince of Wales Island. was read the first time and referred to the Transportation and Finance Committees. Consideration of the Calendar Senate Bills in Second Reading SB 255 SENATE BILL NO. 255 An Act regarding best interest findings and land use permits issued by the Department of Natural Resources; and providing for an effective date was read the second time. 2000-03-03 Senate Journal Page 2511 SB 255 Senator Halford, Chair, moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 2492. Senator Ellis objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 255(RES) An Act relating to best interest findings and land use permits, rights-of-way, and easements issued by the Department of Natural Resources; and providing for an effective date 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. 255(RES) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 255(RES) An Act relating to best interest findings and land use permits, rights-of-way, and easements issued by the Department of Natural Resources; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 255(RES) Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 2 EXCUSED: 2 ABSENT: 0 Yeas: Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Ellis, Elton Excused: Adams, Donley and so, CS FOR SENATE BILL NO. 255(RES) 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. 2000-03-03 Senate Journal Page 2512 SB 255 Senator Ellis gave notice of reconsideration. SB 266 SENATE BILL NO. 266 An Act repealing the exemptions from state law relating to the sale and use of TBT-based marine antifouling paints; and providing for an effective date was read the second time. Senator Halford, Chair, moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 2492. Without objection, CS FOR SENATE BILL NO. 266(RES) An Act relating to the use of a TBT-based marine antifouling paint or coating on certain vessels; and providing for an effective date 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. 266(RES) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 266(RES) An Act relating to the use of a TBT-based marine antifouling paint or coating on certain vessels; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 266(RES) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Taylor Excused: Adams, Donley 2000-03-03 Senate Journal Page 2513 SB 266 and so, CS FOR SENATE BILL NO. 266(RES) 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. Citations Honoring - The Servicemen and Servicewomen Participating in Northern Edge 2000 Representative(s) Coghill Senator(s) Pete Kelly, Pearce, Phillips, Wilken, Taylor, Green, Tim Kelly, Mackie, Hoffman, Lincoln, Leman, Elton, Halford, Miller, Parnell Senator Mackie moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Unfinished Business Senator Tim Kelly moved and asked unanimous consent that he be excused from a call of the Senate on March 6. Without objection, Senator Tim Kelly was excused. Announcements Announcements are at the end of the journal. 2000-03-03 Senate Journal Page 2514 Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 6, 2000. Without objection, the Senate adjourned at 11:49 a.m. Heidi Vogel Secretary of the Senate March 2000 2000-03-03 Senate Journal Page 2515 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 03 Friday 1:30 PM No Meeting Scheduled Mar 06 Monday 1:30 PM + SB 227MUNICIPAL PROPERTY TAX LEVY LIMITATION + SB 240CHARGE FOR COMMUNITY DEVELOPMENT QUOTA + SB 248AIDEA: BONDS & RURAL DEVELOPMENT Mar 08 Wednesday 1:30 PM + HB 133VOTER APPROVAL OF SERVICE AREA CHANGES + HB 340KETCHIKAN INDIAN CORPORATION AS A RHA + SB 284FALSE CLAIMS AGAINST STATE OR MUNI. Mar 10 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SENATE FINANCE 532 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 2000-03-03 Senate Journal Page 2516 FINANCE Mar 06 Monday 9:00 AM += SB 193COLLECTION OF UNPAID WAGES + SB 269DEADLINE FOR SUBMISSION OF MONETARY TERMS + SB 271FEES FOR FOOD ESTABLISHMENT INSPECTIONS Bills Previously Heard/Scheduled Mar 07 Tuesday 9:00 AM = SB 250APPROPRIATIONS: CAPITAL/SUPP/REAPPROP HB 343APPROPRIATIONS: CAPITAL/SUPP/REAPPROP <Pending Referral> Mar 08 Wednesday 9:00 AM = SB 250APPROPRIATIONS: CAPITAL/SUPP/REAPPROP = HB 343APPROPRIATIONS: CAPITAL/SUPP/REAPPROP <Pending Referral> = SB 281OPERATING BUDGET MISSIONS AND MEASURES Mar 09 Thursday 9:00 AM += SB 6DISPOSALS OF STATE LAND + SB 287APPROPRIATION: LAND DISPOSAL BANK PROG += SB 73ASSISTED LIVING FACILITIES Bills Previously Heard/Scheduled Mar 10 Friday 9:00 AM No Meeting Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Mar 06 Monday 1:30 PM No Meeting Scheduled Mar 08 Wednesday 1:30 PM + SB 261PROTECTION FROM NEEDLE & SHARPS INJURIES Bills Previously Heard Scheduled ---------------------------------------- JUDICIARY BELTZ 211 Mar 03 Friday 1:30 PM + Bills Previously Heard/Scheduled 2000-03-03 Senate Journal Page 2517 JUDICIARY Mar 06 Monday 1:30 PM + SB 286DUTIES AND POWERS OF ATTORNEY GENERAL += SJR 14ELECTION OF ATTORNEY GENERAL + Bills Previously Heard/Scheduled Mar 08 Wednesday 1:30 PM CAPITOL 120 -- Location Change -- Joint w/(H) - Confirmation Hearings: Judicial Conduct, Judicial Council, Violent Crimes Compensation Mar 10 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE BELTZ 211 Mar 07 Tuesday 1:30 PM = SB 230RIGHT TO WORK SB 272WORKERS COMP AND WORKER SAFETY Mar 09 Thursday 1:30 PM No Meeting Scheduled ---------------------------------------- RESOURCES BUTROVICH 205 Mar 03 Friday 3:00 PM += SB 273OIL SPILL RESPONSE; NONTANK VESSELS & RR + Bills Previously Heard/Scheduled Mar 06 Monday 3:00 PM Joint w/(H) + Confirmation Hearing: Board of Game + SB 267MANAGEMENT OF GAME Bills Previously Heard/Scheduled Mar 08 Wednesday 3:00 PM Briefing: Foothills Pipeline Company + SB 249DEPT NAT RES & AK HARD ROCK LAND EXCHANGE Bills Previously Heard/Scheduled 2000-03-03 Senate Journal Page 2518 RESOURCES Mar 10 Friday 3:00 PM No Meeting Scheduled ---------------------------------------- RULES FAHRENKAMP 203 Mar 03 Friday 11:30 AM SB 255PUB.LAND PERMITS/HEALY-FAIRBANKS INTERTIE SJR 38ALASKA CANADA RAIL FEASIBILITY STUDY SB 236POW/MIA DAY & WOMEN VETERANS DAY ---------------------------------------- STATE AFFAIRS BELTZ 211 Mar 07 Tuesday 3:30 PM No Meeting Scheduled Mar 09 Thursday 3:30 PM No Meeting Scheduled ---------------------------------------- TRANSPORTATION BUTROVICH 205 Mar 07 Tuesday 1:30 PM No Meeting Scheduled Mar 09 Thursday 1:30 PM No Meeting Scheduled FINANCE SUBCOMMITTEES COMMUNITY & ECONOMIC DEVELOPMENT BELTZ 211 Mar 07 Tuesday 12:00 PM Budget Closeout Mar 16 Thursday 12:00 PM Budget Closeout ---------------------------------------- 2000-03-03 Senate Journal Page 2519 FINANCE SUBCOMMITTEES ENVIRONMENTAL CONSERVATION SENATE FINANCE 532 Mar 08 Wednesday 1:30 PM Food Safety & Sanitation: Increased Fees, Relocate Unalaska/Dutch Harbor Seafood Inspector to Valdez ---------------------------------------- FISH & GAME SENATE FINANCE 532 Mar 06 Monday 12:00 PM -- Rescheduled to 3/8/00 -- Changes to FY01 Budget Mar 08 Wednesday 12:15 PM -- Upon Adjournment -- -- Rescheduled from 3/6/00 -- Changes to FY01 Budget Mar 22 Wednesday 12:00 PM Budget Closeout ---------------------------------------- LAW BUTROVICH 205 Mar 07 Tuesday 4:00 PM Department Closeout ---------------------------------------- LABOR & WORKFORCE DEVELOPMENT BELTZ 211 Mar 08 Wednesday 12:00 PM Budget Closeout Mar 15 Wednesday 12:00 PM Budget Closeout ---------------------------------------- 2000-03-03 Senate Journal Page 2520 FINANCE SUBCOMMITTEES NATURAL RESOURCES BUTROVICH 205 Mar 06 Monday 12:00 PM -- Agenda Change -- + Budget Review Mar 07 Tuesday 4:00 PM Budget Closeout ---------------------------------------- PUBLIC SAFETY FAHRENKAMP 203 Mar 07 Tuesday 12:00 PM Department Overview Mar 08 Wednesday 8:00 AM Department Overview ---------------------------------------- REVENUE SENATE FINANCE 532 Mar 06 Monday 1:30 PM Budget Closeout ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES SENATE FINANCE 532 Mar 07 Tuesday 12:00 PM Changes to FY01 Budget Mar 21 Tuesday 2:30 PM Budget Closeout ---------------------------------------- UNIVERSITY OF ALASKA SENATE FINANCE 532 Mar 16 Thursday 3:00 PM University Budget 2000-03-03 Senate Journal Page 2521 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 ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH 205 Mar 08 Wednesday 4:00 PM OTHER MEETINGS JOINT SESSION HOUSE CHAMBER Mar 08 Wednesday 11:00 AM State of the Judiciary Message from Chief Justice Warren Matthews Mar 16 Thursday 11:00 AM Address by U.S. Senator Ted Stevens