Legislature(1999 - 2000)
2000-03-07 Senate Journal
Full Journal pdf2000-03-07 Senate Journal Page 2541 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska Fifty-eighth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:23 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Lay Reader Connie Munro of the Unitarian Universalist Fellowship. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. May our prayer today, as we celebrate Womens History month, reflect on some Alaska Native Women leaders who gave us many blessings: Belle Herbert, Athabaskan Oral Historian, recorded a century of life in the Black and Big River areas, preserved at the Alaska Native Language Center. Della Keats, Inupiaq Eskimo traditional Healer from the Kotzebue area, using her hands to heal and many ancient methods, never accepting money for her work. Maggie Lind, Yupik Eskimo Traditional Story Teller from Bethel. The University of Alaska in Bethel dedicated the main building in her memory. Elizabeth Wanamaker Peratrovich, Tlingit Indian Civil Rights Activist, a leader for the equal rights for Native Alaskans. The Senate sponsored and passed Senate Bill No. 499 establishing February 16 as Elizabeth Peratrovich Day. 2541 2000-03-07 Senate Journal Page 2542 Anfesia Shapsnikoff, Aleut Tradition Bearer who spoke the three main dialects of her Native language, and English and Russian, writing and reading them as well. She knew and made the baskets of the Aleut people, whom she served as nurse, church reader, teacher and community leader nearly all her life. May we thank our Maker for all of the women before and after statehood who contributed history and well being for all Alaskans. Senator Phillips led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journal for the fifty-seventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated March 6 was read, stating: The House of Representatives respectfully invites the Senate to take up the confirmation of Leo Keeler to the Board of Game on Wednesday, March 8, 2000, while we are in our previously scheduled joint session to hear the annual State of the Judiciary message. Senator Mackie moved that the Senate accept the House invitation to meet in Joint Session. 2000-03-07 Senate Journal Page 2543 The question being, Shall the Senate accept the House invitation to meet in Joint session to consider the confirmation of Leo Keeler to the Board of Game? The roll was taken with the following result: Accept House invitation to Joint Session to consider confirmation of Leo Keeler to the Board of Game? YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Ellis, Elton and so, the Senate accepted the House invitation to meet in Joint Session. The Secretary was requested to notify the House. SB 229 Message dated March 6 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 229(FIN) An Act relating to the employment of hearing examiners, arbitrators, and mediators by the Regulatory Commission of Alaska; repealing a requirement that the principal office of the Alaska Oil and Gas Conservation Commission move to the same location as the principal office of the Regulatory Commission of Alaska; relating to the sharing of record-keeping facilities and clerical staff by the two commissions; and providing for an effective date. The bill was referred to the Secretary for enrollment. 2000-03-07 Senate Journal Page 2544 Message dated March 6 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 20 HOUSE CONCURRENT RESOLUTION NO. 20 BY THE HOUSE RULES COMMITTEE, Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. was read the first time and referred to the Rules Committee. First Reading and Reference of House Bills HB 180 CS FOR HOUSE BILL NO. 180(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to the manufacture, use, display, or delivery of controlled substances while children are present. was read the first time and referred to the Judiciary and Finance Committees. HB 192 Message dated March 6 was read, stating the House failed to concur in the Senate amendment to CS FOR HOUSE BILL NO. 192(JUD) and respectfully requests the Senate to recede from its amendment, namely: SENATE CS FOR CS FOR HOUSE BILL NO. 192(STA) An Act relating to reciting the pledge of allegiance by public school students. President Pearce stated the bill would be held on the Secretarys Desk. 2000-03-07 Senate Journal Page 2545 Communications The following Budget and Audit Reports were received from Pat Davidson, Legislative Auditor, in accordance with AS 24.20.311 and are on file in the Office of the Secretary of the Senate: The Department of Labor and Workforce Development, Division of Workers Compensation, October 31, 1999 The Department of Administration, Public Defender Agency, Case Management Time Study and Performance Review, May 15, 1998 The Department of Administration, Centralized Services, Chargeback Review, December 10, 1999 Standing Committee Reports Report dated March 6, 2000 was read, stating: In accordance with AS 39.05.080, the Senate Resources Committee reviewed the following with regard to confirmation of the Governors appointment: Board of Game Leo Keeler - Anchorage The committee recommends that Leo Keeler not be confirmed. Signing the report: Senator Halford, Chair, Senators Green, Mackie, Lincoln, Taylor, Pete Kelly, Parnell. SB 227 The Community and Regional Affairs Committee considered SENATE BILL NO. 227 An Act relating to the limitation of levy of municipal ad valorem taxes in home rule and general law municipalities; and providing for an effective date. Signing no recommendation: Senators Mackie, Phillips, Hoffman. 2000-03-07 Senate Journal Page 2546 SB 227 Zero fiscal note published today from Department of Community and Economic Development. The bill was referred to the Finance Committee. SB 240 The Community and Regional Affairs Committee considered SENATE BILL NO. 240 An Act relating to the establishment of and accounting for an administrative cost charge for the states role in the community development quota program and to the appropriation of receipts from the charge; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 240(CRA) Signing do pass: Senators Hoffman, Mackie. Signing no recommendation: Senator Phillips. Previous fiscal note. The bill was referred to the Labor and Commerce Committee. SB 248 The Community and Regional Affairs Committee considered SENATE BILL NO. 248 An Act relating to the financing authority, payment in lieu of tax agreements, and tax exemption for assets and projects of the Alaska Industrial Development and Export Authority; relating to renaming and contingently repealing the rural development initiative fund within the Department of Community and Economic Development, and establishing the rural development initiative fund within the Alaska Industrial Development and Export Authority; and providing for an effective date. Signing do pass: Senators Mackie, Hoffman. Signing no recommendation: Senator Phillips. Previous zero fiscal note. The bill was referred to the Labor and Commerce Committee. 2000-03-07 Senate Journal Page 2547 SB 267 The Resources Committee considered SENATE BILL NO. 267 An Act relating to management of game and recommended it be replaced with CS FOR SENATE BILL NO. 267(RES) Signing do pass: Senator Halford, Chair, Senators Taylor, Lincoln, Pete Kelly. Fiscal note for the bill published today from Department of Fish and Game. Additional fiscal note information forthcoming. The bill was referred to the Finance Committee. SB 78 The Rules Committee considered SENATE BILL NO. 78 An Act relating to the use and prescription of pharmaceutical agents in the practice of optometry. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. Zero fiscal note published today from Department of Community and Economic Development. The bill is on todays calendar. SB 175 The Rules 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 to calendar: Senator Tim Kelly, Chair, Senators Pearce, Miller, Leman. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. 2000-03-07 Senate Journal Page 2548 Consideration of the Calendar Second Reading of Senate Bills SB 78 SENATE BILL NO. 78 An Act relating to the use and prescription of pharmaceutical agents in the practice of optometry 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. 78 was read the third time. The question being: Shall SENATE BILL NO. 78 An Act relating to the use and prescription of pharmaceutical agents in the practice of optometry pass the Senate? The roll was taken with the following result: SB 78 Third Reading - Final Passage YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward Nays: Kelly Tim, Wilken and so, SENATE BILL NO. 78 passed the Senate and was referred to the Secretary for engrossment. SB 175 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 was read the second time. 2000-03-07 Senate Journal Page 2549 SB 175 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. 175 was read the third time. Senator Hoffman moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Hoffman was required to vote. The question being: Shall 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 pass the Senate? The roll was taken with the following result: SB 175 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, SENATE BILL NO. 175 passed the Senate. Senator Ellis gave notice of reconsideration. Unfinished Business Reconsideration of Senate Bills SB 236 Senator Taylor requested that the reconsideration on SENATE BILL NO. 236 be taken up. The bill was before the Senate on reconsideration. 2000-03-07 Senate Journal Page 2550 SB 236 The question to be reconsidered: 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 - On Reconsideration Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, SENATE BILL NO. 236 passed the Senate on reconsideration. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Senator Phillips moved and asked unanimous consent that he be excused from a call of the Senate on March 8 and 9. Without objection, Senator Phillips was excused. Senator Taylor moved and asked unanimous consent that he be excused from the Senate, not subject to a call, through afternoon plane time on March 15. Without objection, Senator Taylor was excused. Senator Donley moved and asked unanimous consent that he be excused from a call of the Senate on March 31. Without objection, Senator Donley was excused. 2000-03-07 Senate Journal Page 2551 Announcements Announcements are at the end of the journal. Engrossment SB 78 SENATE BILL NO. 78 An Act relating to the use and prescription of pharmaceutical agents in the practice of optometry was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 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 engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 10:30 a.m., March 8, 2000. Without objection, the Senate adjourned at 12:02 p.m. Heidi Vogel Secretary of the Senate March 2000 2000-03-07 Senate Journal Page 2552 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 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 07 Tuesday 9:00 AM = SB 250APPROPRIATIONS: CAPITAL/SUPP/REAPPROP HB 343APPROPRIATIONS: CAPITAL/SUPP/REAPPROP Mar 08 Wednesday 8:30 AM -- Time Change -- = 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 2000-03-07 Senate Journal Page 2553 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Mar 08 Wednesday 1:30 PM + SB 261PROTECTION FROM NEEDLE & SHARPS INJURIES Bills Previously Heard Scheduled ---------------------------------------- JUDICIARY BELTZ 211 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 Mar 14 Tuesday 1:30 PM No Meeting Scheduled Mar 16 Thursday 1:30 PM No Meeting Scheduled Mar 21 Tuesday 1:30 PM = SB 272WORKERS COMP AND WORKER SAFETY HB 230PERS BENEFITS FOR POLICE/FIRE DISPATCHERS Mar 23 Thursday 1:30 PM Bills Previously Heard/Scheduled ---------------------------------------- 2000-03-07 Senate Journal Page 2554 RESOURCES BUTROVICH 205 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 ---------------------------------------- RULES FAHRENKAMP 203 Mar 07 Tuesday 12:00 PM SB 193COLLECTION OF UNPAID WAGES SB 269DEADLINE FOR SUBMISSION OF MONETARY TERMS HCR 20AUTHORIZING A RECESS LONGER THAN 3 DAYS ---------------------------------------- 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 -- Meeting Canceled -- Budget Closeout Mar 16 Thursday 12:00 PM Budget Closeout 2000-03-07 Senate Journal Page 2555 FINANCE SUBCOMMITTEES ENVIRONMENTAL CONSERVATION SENATE FINANCE 532 Mar 08 Wednesday 1:30 PM -- Rescheduled to 3/9/00 -- Food Safety & Sanitation: Increased Fees, Relocate Unalaska/Dutch Harbor Seafood Inspector to Valdez Mar 09 Thursday 1:30 PM -- Rescheduled from 3/8/00 -- Food Safety & Sanitation: Increased Fees, Relocate Unalaska/Dutch Harbor Seafood Inspector to Valdez ---------------------------------------- FISH & GAME SENATE FINANCE 532 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 -- Meeting Canceled -- Budget Closeout Mar 15 Wednesday 12:00 PM Budget Closeout ---------------------------------------- 2000-03-07 Senate Journal Page 2556 FINANCE SUBCOMMITTEES NATURAL RESOURCES SENATE FINANCE 532 Mar 07 Tuesday 4:00 PM Budget Closeout ---------------------------------------- PUBLIC SAFETY BELTZ 211 Mar 07 Tuesday 12:00 PM -- Location Change -- Department Overview Mar 08 Wednesday 8:00 AM -- Meeting Canceled -- 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 ---------------------------------------- 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 ---------------------------------------- 2000-03-07 Senate Journal Page 2557 JOINT COMMITTEES 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 Board of Game Confirmation Mar 16 Thursday 11:00 AM Address by U.S. Senator Ted Stevens ---------------------------------------- MAJORITY CAUCUS BUTROVICH 205 Mar 07 Tuesday 5:00 PM Mar 08 Wednesday 6:00 PM