Legislature(1999 - 2000)

2000-03-22 Senate Journal

Full Journal pdf

2000-03-22                     Senate Journal                      Page 2689
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                   TWENTY-FIRST LEGISLATURE - SECOND SESSION                   
                                                                               
Juneau, Alaska                                                                 
                                                                               
                               Seventy-third Day                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:12 a.m.                                                           
                                                                               
The roll showed twenty members present.                                        
                                                                               
The prayer was offered by the Chaplain, Father Mike Nash of the                
Cathedral of the Nativity Catholic Church. Senator Hoffman moved               
and asked unanimous consent that the prayer be spread. Without                 
objection, it was so ordered.                                                  
                                                                               
Loving God, we praise You for the boundless                                   
goodness You have lavished on Your people. You                                 
have given us the precious gifts of freedom and                                
self-determination. We in Alaska have bound                                    
ourselves together in a political community, and will                          
travel into the future together. Here in this chamber                          
of the Alaska State Senate, may the hopes and                                  
dreams of each Alaskan, from the smallest to the                               
greatest, be valued and cherished. In the ancient and                          
honorable tradition of politics, may it be the goal of                         
each member of this body to advance the common                                 
good. We pray You gracious Lord.           Amen.                               
                                                                               
Senator Pete Kelly led the Senate in the Pledge of Allegiance.                 
                                                                               
                                                                               
                                Certification                                
                                                                               
Senator Mackie moved and asked unanimous consent that the journal              
for the seventy-second legislative day be approved as certified by the         
Secretary. Without objection, it was so ordered.                               
                                                                               
2689                                                                           

2000-03-22                     Senate Journal                      Page 2690
                       Reconsideration of Senate Bills                       
                                                                               
SB 269                                                                       
Senator Tim Kelly requested that the reconsideration on CS FOR                 
SENATE BILL NO. 269(RLS) be taken up. The bill was before the                  
Senate on reconsideration.                                                     
                                                                               
Senator Elton moved that the bill be returned to second reading for            
the purpose of a specific amendment, that being Amendment No. 1.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senators Elton, Tim Kelly offered Amendment No. 1 :                             
                                                                               
Page 2, line 2:                                                                
	Delete "The"                                                              
	Insert "Unless otherwise authorized by the legislature, the"              
                                                                               
Senator Elton moved for the adoption of Amendment No. 1. Senator               
Halford objected, then withdrew his objection. There being no further          
objections, Amendment No. 1 was adopted.                                       
                                                                               
CS FOR SENATE BILL NO. 269(RLS) am was automatically in                        
third reading.                                                                 
                                                                               
The question to be reconsidered: Shall CS FOR SENATE BILL                      
NO. 269(RLS) am An Act relating to legislative powers and                      
responsibility with respect to collective bargaining agreements                
between the state and a labor or employee organization representing            
state employees; and providing for an effective date pass the                  
Senate? The roll was taken with the following result:                          
                                                                               
CSSB 269(RLS) am                                                               
Third Reading - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman,                   
Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward,            
Wilken                                                                         
                                                                               
Nays:  Adams, Ellis, Elton, Hoffman, Lincoln                                   
                                                                               

2000-03-22                     Senate Journal                      Page 2691
SB 269                                                                       
and so, CS FOR SENATE BILL NO. 269(RLS) am 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.                                     
                                                                               
                                                                               
                          Standing Committee Reports                         
                                                                               
HB 67                                                                        
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
67(JUD) am An Act relating to release of certain persons alleged               
to have committed certain sexual offenses and recommended it be                
replaced with                                                                  
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
67(JUD)                                                                        
                                                                               
Signing do pass: Senator Taylor, Chair, Senator Halford. Signing no            
recommendation: Senators Torgerson, Ellis.                                     
                                                                               
Previous House indeterminate and zero fiscal notes.                            
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HB 180                                                                       
Zero fiscal note for CS FOR HOUSE BILL NO. 180(FIN) am An                      
Act relating to the manufacture, use, display, or delivery of                  
controlled substances while children are present published today               
from Department of Law.                                                        
                                                                               
                                                                               

2000-03-22                     Senate Journal                      Page 2692
HB 230                                                                       
The Labor and Commerce Committee considered CS FOR HOUSE                       
BILL NO. 230(FIN) An Act permitting certain dispatchers in police              
or fire departments or for the state troopers to convert their credited        
service under the public employees retirement system to credited               
service as peace officers; and providing for an effective date and             
recommended it be replaced with                                                
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
230(L&C)                                                                       
                                                                               
Signing do pass: Senator Mackie, Chair, Senators Donley, Leman,                
Hoffman. Signing no recommendation: Senator Tim Kelly.                         
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 259                                                                       
Forthcoming fiscal note (page 2676) for the Judiciary Committee                
Substitute for SENATE BILL NO. 259 An Act relating to criminal                 
impersonation published today from Department of Administration.               
                                                                               
SB 177                                                                       
The Rules Committee considered SENATE BILL NO. 177 An Act                      
relating to insurance trade practices; and providing for an effective          
date. Signing to calendar: Senator Tim Kelly, Chair, Senators                  
Pearce, Miller, Ellis. Signing amend: Senator Leman.                           
                                                                               
The bill is on todays calendar.                                                
                                                                               
SJR 38                                                                       
The Rules 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            
to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman,                 
Pearce. Signing under other recommendations: Senator Ellis.                    
                                                                               
The resolution is on todays calendar.                                          

2000-03-22                     Senate Journal                      Page 2693
                        Consideration of the Calendar                        
                                                                               
                        Second Reading of Senate Bills                       
                                                                               
SB 177                                                                       
SENATE BILL NO. 177 An Act relating to insurance trade                         
practices; and providing for an effective date was read the second             
time.                                                                          
                                                                               
Senator Mackie, Chair, moved and asked unanimous consent for the               
adoption of the Labor and Commerce Committee Substitute offered                
on page 2476. Without objection, CS FOR SENATE BILL NO.                        
177(L&C) 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. 177(L&C) was read the third time.                       
                                                                               
Senators Green, Parnell moved and asked unanimous consent that                 
they be allowed to abstain from voting because of a conflict of                
interest. Objections were heard and Senators Green, Parnell were               
required to vote.                                                              
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 177(L&C)                      
An Act relating to insurance trade practices; and providing for an             
effective date pass the Senate? The roll was taken with the                    
following result:                                                              
                                                                               
CSSB 177(L&C)                                                                  
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Ellis, Elton, Halford, Hoffman, Kelly Pete,              
Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips,          
Taylor, Torgerson, Ward, Wilken                                                
                                                                               
Nays:  Green                                                                   
                                                                               

2000-03-22                     Senate Journal                      Page 2694
SB 177                                                                       
and so, CS FOR SENATE BILL NO. 177(L&C) 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 and the bill was             
referred to the Secretary for engrossment.                                     
                                                                               
                                                                               
                     Second Reading of Senate Resolutions                    
                                                                               
SJR 38                                                                       
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, was read the second time.                                 
                                                                               
Senator Mackie moved and asked unanimous consent that the                      
resolution be considered engrossed, advanced to third reading and              
placed on final passage. Without objection, it was so ordered.                 
                                                                               
SENATE JOINT RESOLUTION NO. 38 was read the third time.                        
                                                                               
Senators Donley, Taylor, Mackie, Phillips, Pete Kelly moved and                
asked unanimous consent that they be shown as cosponsors on the                
resolution. Without objection, it was so ordered.                              
                                                                               
The question being: Shall 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, pass the Senate? The               
roll was taken with the following result:                                      
                                                                               
                                                                               

2000-03-22                     Senate Journal                      Page 2695
SJR 38                                                                       
                                                                               
SJR 38                                                                         
Third Reading - Final Passage                                                  
                                                                               
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Adams, Donley, Elton, Green, Halford, Hoffman, Kelly Pete,              
Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips,          
Taylor, Torgerson, Ward, Wilken                                                
                                                                               
Absent:  Ellis                                                                 
                                                                               
and so, SENATE JOINT RESOLUTION NO. 38 passed the Senate                       
and was referred to the Secretary for engrossment.                             
                                                                               
                                                                               
                                  Citations                                  
                                                                               
Honoring - Donovan K. Walsh, Eagle Scout                                       
Representative(s) Foster                                                       
Senator(s) Adams, Wilken, Hoffman, Lincoln, Elton, Pearce, Mackie,             
Tim Kelly, Green, Pete Kelly, Taylor, Donley, Miller, Leman,                   
Halford, Phillips                                                              
                                                                               
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 Mackie moved and asked unanimous consent that the                      
following citation be made a special order of business. Without                
objection, it was so ordered.                                                  
                                                                               
                                                                               

2000-03-22                     Senate Journal                      Page 2696
                          Special Order of Business                          
                                                                               
Honoring - Ted Stevens, Alaskan of the Century                                 
Representative(s) Porter, Austerman, Barnes, Berkowitz, Brice,                 
Bunde, Cissna, Coghill, Croft, Davies, Davis, Dyson, Foster, Green,            
Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner,                    
Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Moses, Mulder,                
Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault,             
Whitaker, Williams                                                             
Senator(s) Pearce, Adams, Donley, Ellis, Elton, Green, Halford,                
Hoffman, Pete Kelly, Tim Kelly, Leman, Lincoln, Mackie, Miller,                
Parnell, Phillips, Taylor, Torgerson, Ward, Wilken                             
                                                                               
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.                                              
                                                                               
SB 261                                                                       
Senator Mackie moved and asked unanimous consent that President                
Pearce be shown as a cosponsor on SENATE BILL NO. 261 An                       
Act relating to needle stick and sharps injury protections and the use         
of safe needles by health care facilities and health care professionals;       
and providing for an effective date. Without objection, it was so              
ordered.                                                                       
                                                                               
Senator Donley moved and asked unanimous consent that he be                    
shown as a cosponsor on the bill. Without objection, it was so                 
ordered.                                                                       
                                                                               
HB 203                                                                       
Senator Lincoln moved and asked unanimous consent that she be                  
shown as a cross sponsor on CS FOR 2d SPONSOR SUBSTITUTE                       
FOR HOUSE BILL NO. 203(FIN) An Act relating to loans from                      
the agricultural revolving loan fund; and providing for an effective           
date. Without objection, it was so ordered.                                    
                                                                               
                                                                               

2000-03-22                     Senate Journal                      Page 2697
                                Announcements                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 Engrossment                                 
                                                                               
SB 177                                                                       
CS FOR SENATE BILL NO. 177(L&C) An Act relating to                             
insurance trade practices; and providing for an effective date was             
engrossed, signed by the President and Secretary and transmitted to            
the House for consideration.                                                   
                                                                               
SB 269                                                                       
CS FOR SENATE BILL NO. 269(RLS) am An Act relating to                          
legislative powers and responsibility with respect to collective               
bargaining agreements between the state and a labor or employee                
organization representing state employees; and providing for an                
effective date was engrossed, signed by the President and Secretary            
and transmitted to the House for consideration.                                
                                                                               
SJR 38                                                                       
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, was engrossed, signed by the President and                
Secretary and transmitted to the House for consideration.                      
                                                                               
                                                                               
                                 Adjournment                                 
                                                                               
Senator Mackie moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., March 23, 2000. Without                 
objection, the Senate adjourned at 11:44 a.m.                                  
                                                                               
                                                           Heidi Vogel         
                                               Secretary of the Senate         
                                                                               
                                                            March 2000         

2000-03-22                     Senate Journal                      Page 2698
                                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 22                         Wednesday 1:30 PM                               
	No Meeting Scheduled                                                         
                                                                               
Mar 24                           Friday 1:30 PM                                
	No Meeting Scheduled                                                         
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
Mar 22                         Wednesday 9:00 AM                               
+	SJR 33CONST AM: PERMANENT FUND                                              
+	SJR 35CONST AM: PERM FUND INCOME DISTRIBUTION                               
	Bills Previously Heard/Scheduled                                             
                                                                               
Mar 23                          Thursday 9:00 AM                               
	DOA Overview of Negotiated Public                                            
	Employee Contracts                                                           
	Bills Previously Heard/Scheduled                                             
                                                                               
Mar 23                          Thursday 6:00 PM                               
	Public Testimony on the Following Bills:                                     
+	HB 312APPROPRIATIONS: OPERATING BUDGET                                      
+	HB 313APPROPRIATIONS: MENTAL HEALTH                                         
	Bills Previously Heard/Scheduled                                             
                                                                               
                                                                               

2000-03-22                     Senate Journal                      Page 2699
                                   FINANCE                                   
Mar 24                           Friday 9:00 AM                                
+	SB 273OIL SPILL RESPONSE; NONTANK VESSELS & RR                              
+	HB  43MUNI.ORDINANCES:POLICE TRAINING SURCHARGE                             
+=	HB 112ESTABLISH ALASKA PUBLIC BUILDING FUND                                
+	HB 272MUNICIPAL TAX: LOW INCOME HOUSING                                     
	Bills Previously Heard/Scheduled                                             
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                                 BUTROVICH 205                                 
Mar 22                         Wednesday 1:30 PM                               
+	SB 207MEDICAL SUPPORT ORDERS FOR CHILDREN                                   
+	SB REGARDING BRD OF CHIROPRACTIC EXAMINER                                   
	<Pending Introduction and Referral>                                          
+	Bills Previously Heard/Scheduled                                            
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                   BELTZ 211                                   
Mar 22                         Wednesday 1:30 PM                               
+=	SB 286DUTIES AND POWERS OF ATTORNEY GENERAL                                
+=	SB 277ONLINE SYSTEM REPLACES AK ADMIN JOURNAL                              
+	HB 275UNIFORM PROBATE CODE/TRUSTS/PROPERTY                                  
+	Bills Previously Heard/Scheduled                                            
                                                                               
Mar 24                           Friday 1:30 PM                                
	No Meeting Scheduled                                                         
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                                   BELTZ 211                                   
Mar 23                          Thursday 1:30 PM                               
	-- Rescheduled to 3/28/00 --                                                 
+	SB 240CHARGE FOR COMMUNITY DEVELOPMENT QUOTA                                
+	SB 248AIDEA: BONDS & RURAL DEVELOPMENT                                      
+	SB 289BOARD OF TECHNICAL AND VOCATIONAL EDUC                                
	Bills Previously Heard/Scheduled                                             
                                                                               
Mar 28                          Tuesday 1:30 PM                                
	-- Rescheduled from 3/23/00 --                                               
+	SB 240CHARGE FOR COMMUNITY DEVELOPMENT QUOTA                                
+	SB 248AIDEA: BONDS & RURAL DEVELOPMENT                                      
+	SB 289BOARD OF TECHNICAL AND VOCATIONAL EDUC                                
	Bills Previously Heard/Scheduled                                             
                                                                               

2000-03-22                     Senate Journal                      Page 2700
                               LABOR & COMMERCE                              
Mar 30                          Thursday 1:30 PM                               
	HB 190VIATICAL SETTLEMENTS                                                   
	SB 260DENIAL OF ALCOHOLIC BEVERAGE LICENSE                                   
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                                 BUTROVICH 205                                 
Mar 22                         Wednesday 3:00 PM                               
+	HJR 54EXCLUDE AK NATL FORESTS FROM ROADLESS POL                             
+	SJR 39ENCOURAGING CONGRESS TO OPEN ANWR                                     
	Bills Previously Heard/Scheduled                                             
                                                                               
Mar 24                           Friday 3:00 PM                                
	-- Meeting Canceled --                                                       
	SB 235APPROVING TRANSFER OF RAILROAD LAND                                    
	Bills Previously Heard/Scheduled                                             
	                                                                             
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                                 FAHRENKAMP 203                                
Mar 22                         Wednesday 11:45 AM                              
	HB  67BAIL HEARING FOR SEX OFFENDERS                                         
	SB 267MANAGEMENT OF GAME                                                     
	SB 249DEPT NAT RES & AK HARD ROCK LAND EXCHANGE                              
                                                                               
Mar 27                          Monday 11:30 AM                                
	-- Upon Adjournment --                                                       
	HB 357REDEMPTION OF CORPORATE SHARES                                         
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                   BELTZ 211                                   
Mar 23                          Thursday 3:30 PM                               
+	SB 292PUBLIC SCHOOL STUDENT IMMUNIZATIONS                                   
	Bills Previously Heard/Scheduled                                             
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                                 BUTROVICH 205                                 
Mar 23                          Thursday 1:30 PM                               
+=	SB 288APPROVE CLARKE BAY TERMINAL AGREEMENT                                
+	Bills Previously Heard/Scheduled                                            
                                                                               
                                                                               

2000-03-22                     Senate Journal                      Page 2701
                            FINANCE SUBCOMMITTEES                            
                                                                               
                                 FISH & GAME                                 
                               SENATE FINANCE 532                              
Mar 22                         Wednesday 12:00 PM                              
	Budget Closeout                                                              
                    ----------------------------------------                   
                                                                               
                                   GOVERNOR                                  
                               SENATE FINANCE 532                              
Mar 22                         Wednesday 8:00 AM                               
	Budget Closeout                                                              
                    ----------------------------------------                   
                                                                               
                                 LEGISLATURE                                 
                               SENATE FINANCE 532                              
Mar 22                         Wednesday 8:15 AM                               
	Budget Closeout                                                              
                    ----------------------------------------                   
                                                                               
                     CAPITAL BUDGET FINANCE SUBCOMMITTEE                     
                               SENATE FINANCE 532                              
Mar 24                          Friday 12:00 PM                                
	Subcommittee Recommendations                                                 
                                                                               
                                OTHER MEETINGS                               
                                                                               
                               MAJORITY CAUCUS                               
                                 BUTROVICH 205                                 
Mar 22                         Wednesday 5:00 PM