Legislature(1999 - 2000)

2000-03-06 Senate Journal

Full Journal pdf

2000-03-06                     Senate Journal                      Page 2527
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                   TWENTY-FIRST LEGISLATURE - SECOND SESSION                   
                                                                               
Juneau, Alaska                                                                 
                                                                               
                               Fifty-seventh Day                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:10 a.m.                                                           
                                                                               
The roll showed seventeen members present. Senators Tim Kelly,                 
Miller were excused from a call of the Senate. Senator Taylor was              
absent.                                                                        
                                                                               
The prayer was offered by the Chaplain, Lay Reader Connie Munro                
of the Juneau Unitarian Universalist Fellowship. Senator Hoffman               
moved and asked unanimous consent that the prayer be spread.                   
Without objection, it was so ordered.                                          
                                                                               
May we reflect on the wisdom from our past leader                             
with a poem of wise words by Jay Hammond                                       
written in 1956 and published in the Poetry Society                            
of Alaska in 1966 One Hundred Years of Alaska                                  
Poetry. Most of Hammonds verses were written                                   
during times of tension in the House and at                                    
committee meetings, where he would set things                                  
aright with a bit of humor. May we be grateful on                              
this day to be able and willing to thank God for the                           
gifts of laughter.                                                             
                                                                               
		    Leaves from the Legislature                                            
                                                                               
		If election-code-jinx and fourty a day                                       
		Make Alaskans with solons lynchable                                          
		Remember...political fortune demands                                         
		That often one rise above principal!                                         
                                                                               
                                                                               
                                      2527                                     

2000-03-06                     Senate Journal                      Page 2528
		If we argue one way...and then vote another                                  
		In a manner most incomprehensible                                            
		Remember...political fortune demands                                         
		That often we rise above principal!                                          
                                                                               
		If theres anything that galls this boy                                       
		Its...indecision                                                             
		I loathed the guy who will not take a positive 	                             
		position.                                                                    
                                                                               
		I took my stand some time ago                                                
		Guts and conviction showed                                                   
		By planting both my big fat feet                                             
		Right in the middle of the road!                                             
                                                                               
Senator Parnell led the Senate in the Pledge of Allegiance.                    
                                                                               
                                                                               
                                Certification                                
                                                                               
Senator Mackie moved and asked unanimous consent that the                      
journals for the fifty-fourth through fifty-sixth legislative days be          
approved as certified by the Secretary. Without objection, it was so           
ordered.                                                                       
                                                                               
                                                                               
                           Messages from the House                           
                                                                               
Message dated March 3 was read, stating the House passed and                   
transmitted for consideration:                                                 
                                                                               
                        First Reading and Reference of                        
                               House Resolutions                              
                                                                               
HJR 54                                                                       
HOUSE JOINT RESOLUTION NO. 54 BY REPRESENTATIVES                               
WILLIAMS, Phillips, Green, Mulder,                                             
                                                                               
Relating to urging the exclusion of national forests                          
in Alaska from President Clintons proposal for                                 
withdrawal of roadless areas in the national forest                            
system.                                                                        

2000-03-06                     Senate Journal                      Page 2529
HJR 54                                                                       
was read the first time and referred to the Resources Committee.               
                                                                               
                  First Reading and Reference of House Bills                 
                                                                               
HB 259                                                                       
CS FOR HOUSE BILL NO. 259(FIN) BY THE HOUSE FINANCE                            
COMMITTEE, entitled:                                                           
                                                                               
An Act relating to eligibility to be represented by                           
the public defender before and during the probable                             
cause and temporary placement hearing that is held                             
after the state takes emergency custody of a child.                            
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
HB 343                                                                       
CS FOR HOUSE BILL NO. 343(FIN)(title am) BY THE HOUSE                          
FINANCE COMMITTEE, entitled:                                                   
                                                                               
An Act making supplemental appropriations,                                    
amending appropriations, reappropriations, and                                 
making appropriations for winter storm costs and for                           
planning and design of a university museum;                                    
making a reappropriation under art. IX, sec. 17(c),                            
Constitution of the State of Alaska, from the                                  
constitutional budget reserve fund; ratifying certain                          
expenditures; and providing for an effective date.                             
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
                          Standing Committee Reports                         
                                                                               
SB 193                                                                       
The Finance Committee considered SENATE BILL NO. 193 An                        
Act relating to the payment of wages and claims for the payment of             
wages and recommended it be replaced with                                      
                                                                               

2000-03-06                     Senate Journal                      Page 2530
SB 193                                                                       
CS FOR SENATE BILL NO. 193(FIN)                                               
                                                                               
Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators               
Phillips, Green, Pete Kelly, Leman, Wilken. Signing no                         
recommendation: Senator Adams.                                                 
                                                                               
Previous zero fiscal note.                                                     
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 269                                                                       
The Finance Committee considered SENATE BILL NO. 269 An                        
Act relating to the deadline for the submission of monetary terms of           
collective bargaining contracts between the state and a labor or               
employee organization representing state employees to the legislature          
and recommended it be replaced with                                            
                                                                               
CS FOR SENATE BILL NO. 269(FIN) An Act                                        
relating to the deadline for the submission of                                 
collective bargaining contracts between the state and                          
a labor or employee organization representing state                            
employees to the legislature.                                                  
                                                                               
Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators               
Phillips, Green, Pete Kelly, Leman, Wilken. Signing no                         
recommendation: Senator Adams.                                                 
                                                                               
Zero fiscal note published today from Department of Administration.            
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 236                                                                       
The Rules 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 to calendar: Senator Tim Kelly, Chair, Senators Ellis,           
Miller, Leman, Pearce.                                                         
                                                                               
The bill is on todays calendar.                                                

2000-03-06                     Senate Journal                      Page 2531
                        Consideration of the Calendar                        
                                                                               
                        Second Reading of Senate Bills                       
                                                                               
SB 236                                                                       
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 was 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.                                 
                                                                               
SENATE BILL NO. 236 was read the third time.                                   
                                                                               
The question being: Shall 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               
pass the Senate? The roll was taken with the following result:                 
                                                                               
SB 236                                                                         
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  17   NAYS:  0   EXCUSED:  2   ABSENT:  1                              
                                                                               
Yeas:  Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly             
Pete, Leman, Lincoln, Mackie, Parnell, Pearce, Phillips, Torgerson,            
Ward, Wilken                                                                   
                                                                               
Excused:  Kelly Tim, Miller                                                    
                                                                               
Absent:  Taylor                                                                
                                                                               
and so, SENATE BILL NO. 236 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 Donley gave notice of reconsideration.                                 
The presence of Senator Taylor was noted.                                      
                                                                               

2000-03-06                     Senate Journal                      Page 2532
                                  Citations                                  
                                                                               
Thanking - Alaska Airlines, Horizon Air and Other Airline                      
Caregivers for Their Assistance in the Aftermath of the January 31,            
2000 Alaska Airlines Crash                                                     
Senator(s) Adams, Pearce, Phillips, Mackie, Tim Kelly, Green, Pete             
Kelly, Taylor, Wilken, Miller, Ellis, Lincoln, Elton, Hoffman, Parnell,        
Leman, Halford, Ward, Donley                                                   
                                                                               
Honoring - Tanya Ewing, Chavis Newman-Keane, Rebecca Dickison,                 
Jason Redmond                                                                  
Representative(s) Porter, Kerttula, Bunde, Davis                               
Senator(s) Donley, Elton, Parnell, Torgerson, Pearce, Mackie, Tim              
Kelly, Green, Pete Kelly, Taylor, Wilken, Lincoln, Hoffman, Leman,             
Halford                                                                        
                                                                               
Commemorating - Law Enforcement Memorial Day, May 12, 2000                     
Representative(s) Porter, Berkowitz, Brice, Bunde, Cissna, Cowdery,            
Croft, Davies                                                                  
Senator(s) Phillips, Pearce, Mackie, Tim Kelly, Green, Pete Kelly,             
Taylor, Wilken, Miller, Ellis, Lincoln, Elton, Hoffman, Parnell,               
Leman, Halford, Ward, Donley                                                   
                                                                               
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 Wilken moved and asked unanimous consent that he be                    
excused from a call of the Senate from afternoon plane time, March             
23 through morning plane time, March 27. Without objection,                    
Senator Wilken was excused.                                                    
                                                                               

2000-03-06                     Senate Journal                      Page 2533
SB 255                                                                       
The reconsideration on 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 not taken up this legislative          
day and the bill was referred to the Secretary for engrossment.                
                                                                               
SB 266                                                                       
The reconsideration on 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            
not taken up this legislative day and the bill was referred to the             
Secretary for engrossment.                                                     
                                                                               
                                                                               
                                Announcements                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 Engrossment                                 
SB 255                                                                       
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 engrossed, signed by the President and Secretary            
and transmitted to the House for consideration.                                
                                                                               
SB 266                                                                       
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 engrossed, signed             
by the President and Secretary and transmitted to the House for                
consideration.                                                                 
                                                                               
                                                                               

2000-03-06                     Senate Journal                      Page 2534
                                 Adjournment                                 
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., March 7, 2000. Without                  
objection, the Senate adjourned at 11:24 a.m.                                  
                                                                               
                                                           Heidi Vogel         
                                               Secretary of the Senate         
                                                                               
                                                            March 2000         

2000-03-06                     Senate Journal                      Page 2535
                                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 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 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                                  
                                                                               
                                                                               

2000-03-06                     Senate Journal                      Page 2536
                                   FINANCE                                   
Mar 08                         Wednesday 9:00 AM                               
=	SB 250APPROPRIATIONS: CAPITAL/SUPP/REAPPROP                                 
=	HB 343APPROPRIATIONS: CAPITAL/SUPP/REAPPROP                                 
=	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 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                                                         
                    ----------------------------------------                   
                                                                               
                                                                               

2000-03-06                     Senate Journal                      Page 2537
                               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 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                                             
                                                                               
Mar 10                           Friday 3:00 PM                                
	No Meeting Scheduled                                                         
                    ----------------------------------------                   
                                                                               
                                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                                                         
                                                                               
                                                                               

2000-03-06                     Senate Journal                      Page 2538
                            FINANCE SUBCOMMITTEES                            
                                                                               
                       COMMUNITY & ECONOMIC DEVELOPMENT                      
                                   BELTZ 211                                   
Mar 07                          Tuesday 12:00 PM                               
	-- Meeting Canceled --                                                       
	Budget Closeout                                                              
                                                                               
Mar 16                         Thursday 12:00 PM                               
	Budget Closeout                                                              
                    ----------------------------------------                   
                                                                               
                          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                                                          
                    ----------------------------------------                   
                                                                               
                                                                               

2000-03-06                     Senate Journal                      Page 2539
                            FINANCE SUBCOMMITTEES                            
                        LABOR & WORKFORCE DEVELOPMENT                        
                                   BELTZ 211                                   
Mar 08                         Wednesday 12:00 PM                              
	Budget Closeout                                                              
                                                                               
Mar 15                         Wednesday 12:00 PM                              
	Budget Closeout                                                              
                    ----------------------------------------                   
                                                                               
                              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                                                              
                    ----------------------------------------                   
                                                                               
                                                                               

2000-03-06                     Senate Journal                      Page 2540
                            FINANCE SUBCOMMITTEES                            
                             UNIVERSITY OF ALASKA                            
                               SENATE FINANCE 532                              
Mar 16                          Thursday 3:00 PM                               
	University Budget                                                            
                                                                               
                               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                                          
                    ----------------------------------------                   
                                                                               
                               MAJORITY CAUCUS                               
                                 BUTROVICH 205                                 
Mar 06                          Monday 11:30 AM