Legislature(1999 - 2000)
2000-03-28 Senate Journal
Full Journal pdf2000-03-28 Senate Journal Page 2755 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska Seventy-ninth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:14 a.m. The roll showed nineteen members present. Senator Donley was excused from a call of the Senate. The prayer was offered by the Chaplain, Envoy Craig Fanning of The Salvation Army. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Heavenly Father, as we take time this morning to acknowledge You, make us ever mindful of Your presence with us. You have entrusted into our care the people and the resources of this great state of Alaska, help us to stand strong in this task. As this Senate body stands ready to undertake their duties, I pray that You will give to them wisdom, patience and a vision for this new day. Grant to each member of this body, and to each member of their staff, a very special blessing today. Amen. Senator Elton led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journal for the seventy-eighth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2755 2000-03-28 Senate Journal Page 2756 Messages from the Governor SB 229 Message dated March 24 and received March 27 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 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. Chapter 5, SLA 2000 Effective Date: 03/25/00 Messages from the House Message dated March 27 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 344 CS FOR HOUSE BILL NO. 344(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act authorizing a land exchange between the Department of Natural Resources and Alaska Hardrock, Inc.; approving a long-term lease of certain Alaska Railroad Corporation land at Healy; and providing for an effective date. 2000-03-28 Senate Journal Page 2757 HB 344 was read the first time and referred to the Resources Committee. Standing Committee Reports SB 247 The Finance Committee considered SENATE BILL NO. 247 An Act relating to eligibility of certain veterans for longevity bonus payments; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 247(FIN) An Act relating to eligibility of certain persons who receive veterans benefits for longevity bonus payments; and providing for an effective date. Signing do pass: Senators Parnell, Torgerson, Cochairs, Senators Adams, Wilken, Leman. Signing no recommendation: Senators Phillips, Pete Kelly. Signing amend: Senator Green. Previous fiscal note. The bill was referred to the Rules Committee. SB 257 The Resources Committee considered SENATE BILL NO. 257 An Act relating to notice requirements for certain final findings concerning the disposal of an interest in state land or resources for oil and gas; relating to administrative appeals and petitions for reconsideration of decisions of the Department of Natural Resources; and providing for an effective date. Signing do pass: Senator Halford, Chair, Senators Mackie, Taylor, Green, Lincoln. Signing no recommendation: Senator Pete Kelly. Previous zero fiscal note. The bill was referred to the Finance Committee. 2000-03-28 Senate Journal Page 2758 SB 276 The Finance Committee considered SENATE BILL NO. 276 An Act requiring that health care insurers provide coverage for treatment of diabetes and recommended it be replaced with CS FOR SENATE BILL NO. 276(FIN) An Act requiring that certain health care insurers provide coverage for treatment of diabetes. Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Adams, Pete Kelly, Wilken, Leman. Signing no recommendation: Senator Phillips. Signing amend: Senator Green. Previous zero fiscal note. The bill was referred to the Rules Committee. HB 112 The Finance Committee considered HOUSE BILL NO. 112 An Act establishing the Alaska public building fund; and providing for an effective date and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 112(FIN) Signing do pass: Senators Parnell, Torgerson, Cochairs, Senators Adams, Leman. Signing no recommendation: Senators Phillips, Green, Wilken. Fiscal note published today from Legislative Affairs Agency. The bill was referred to the Rules Committee. SB 281 The Rules Committee considered SENATE BILL NO. 281 An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2001; and providing for an effective date and attached the following amendment to the Finance Committee Substitute offered on page 2640: 2000-03-28 Senate Journal Page 2759 SB 281 Page 48, lines 9 through 31 and page 49, lines 1 through 17: Delete all material. Page 48, following line 8: Insert: * Sec. 153. University of Alaska. (a) The mission of the University of Alaska is to offer education opportunities supporting the needs of Alaskas people and its economy. (b) The legislature intends to measure the success of the University of Alaska in achieving its mission by considering (1) the number and percentage of Alaska high school graduates who (A) attend the University of Alaska; (B) attend the University of Alaska as Alaska Scholars; (C) stay in Alaska for one year, five years, and 10 years following graduation; (D) are employed in Alaska for one year, five years, and 10 years following graduation; (2) the number and percentage of graduates who are employed in their professional degree areas in-state; (3) the graduation rate of full-time-equivalent students in degree programs; (4) the retention rate of students enrolled in degree programs; (5) the comparative scores of students who take professional examinations; (6) the cost per credit hour for on-campus and distance delivery of courses; (7) the comparison of pre- and post-training wages for vocational education graduates; (8) the number and amount of research grants in Alaska- specific areas of inquiry; (9) the occurrences of applied research benefiting Alaskas economy; (10) the average number of hours faculty members spend on classroom instruction, student advising, research and other activities. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. 2000-03-28 Senate Journal Page 2760 SB 281 The bill is on todays calendar. Introduction and Reference of Senate Bills SB 298 SENATE BILL NO. 298 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to the compensation of certain public employees and officials not covered by collective bargaining agreements; and providing for an effective date. was read the first time and referred to the Finance Committee. Fiscal note published today from Office of the Governor. Governors transmittal letter dated March 27: Dear President Pearce: Following the historical practice of extending collective bargaining agreements to non-union state employees, I am transmitting this bill relating to salaries for partially exempt and exempt employees in the Executive branch, legislative and judicial employees. The bill provides for cost-of-living increases the same as those provided in the collective bargaining agreements that my Administration has reached with the 12 unions representing state employees: a lump sum payment of up to $1,200 (prorated at $50 per pay period) for fiscal year 2001, a two percent increase in fiscal year 2002, and a three percent increase in fiscal year 2003. 2000-03-28 Senate Journal Page 2761 SB 298 I believe these modest increases will maintain parity in state employee pay and help all three branches of government recruit and retain qualified employees. I urge your prompt and favorable action on this measure. Sincerely, /s/ Tony Knowles Governor SB 299 SENATE BILL NO. 299 BY THE SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: An Act relating to guardianships and conservatorships; relating to the actions of the office of public advocacy concerning guardianships and conservatorships; relating to the appointment and duties of a court visitor appointed for a patient through the office of public advocacy; amending Rule 77, Alaska Rules of Civil Procedure; and providing for an effective date. was read the first time and referred to the Judiciary Committee. Consideration of the Calendar SB 281 SENATE BILL NO. 281 An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2001; and providing for an effective date was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2640. Without objection, CS FOR SENATE BILL NO. 281(FIN) was adopted and read the second time. 2000-03-28 Senate Journal Page 2762 SB 281 Senator Tim Kelly, Chair, offered Amendment No.1 By the Rules Committee (page 2759). Senator Leman moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Taylor offered Amendment No. 2 : Page 48, line 8: Insert (11) the number of university employees children who attend the university and the number who go to college elsewhere. Senator Taylor moved for the adoption of Amendment No. 2. Objections were heard. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSB 281(FIN) am Second Reading Amendment No. 2 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Green, Halford, Phillips, Taylor, Ward Nays: Adams, Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Torgerson, Wilken Excused: Donley and so, Amendment No. 2 failed. 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. 281(FIN) am was read the third time. 2000-03-28 Senate Journal Page 2763 SB 281 Senator Halford moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Without objection, the bill was returned to second reading. Senator Halford offered Amendment No. 3 : Page 7, line 25: Delete ANCSA and delete from false and misleading proxy solicitations Senator Halford moved for the adoption of Amendment No. 3. Without objection, Amendment No. 3 was adopted. CS FOR SENATE BILL NO. 281(FIN) am was automatically in third reading. The question being: Shall CS FOR SENATE BILL NO. 281(FIN) am An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2001; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 281(FIN) am Third Reading - Final Passage Effective Date YEAS: 14 NAYS: 2 EXCUSED: 1 ABSENT: 3 Yeas: Ellis, Elton, Green, Hoffman, Kelly Pete, Leman, Lincoln, Mackie, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Halford, Taylor Excused: Donley Absent: Adams, Kelly Tim, Miller and so, CS FOR SENATE BILL NO. 281(FIN) am passed the Senate. 2000-03-28 Senate Journal Page 2764 SB 281 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 Halford gave notice of reconsideration. Citations Honoring - Bev Dunham, Seward Chamber of Commerce 1999 Person of the Year Senator(s) Torgerson, Taylor, Parnell, Pete Kelly, Green, Tim Kelly, Mackie, Pearce, Wilken, Elton, Lincoln, Leman, Ward, Adams In Memoriam - Henry Anelon, Sr. Representative(s) Moses Senator(s) Hoffman, Halford, Taylor, Parnell, Pete Kelly, Green, Tim Kelly, Mackie, Pearce, Wilken, Elton, Lincoln, Leman, Adams 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 Reconsideration of House Bills HB 357 Senator Taylor requested that the reconsideration on HOUSE BILL NO. 357 An Act relating to the redemption of shares of certain Alaska corporations be taken up. The bill was before the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the reconsideration on HOUSE BILL NO. 357 be held to the March 29 calendar. Without objection, it was so ordered. 2000-03-28 Senate Journal Page 2765 Announcements Announcements are at the end of the journal. Engrossment and Enrollment SB 250 CONFERENCE CS FOR SENATE BILL NO. 250 An Act making supplemental appropriations; amending appropriations; making an appropriation to capitalize a fund; making a reappropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date was engrossed and enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 4:35 p.m., March 27, 2000. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 29, 2000. Without objection, the Senate adjourned at 12:10 p.m. Heidi Vogel Secretary of the Senate March 2000 2000-03-28 Senate Journal Page 2766 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 29 Wednesday 1:30 PM No Meeting Scheduled Mar 31 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SENATE FINANCE 532 Mar 28 Tuesday 9:00 AM += SB 276REQUIRE HEALTH INS COVERAGE FOR DIABETES + SB 247VETERANSELIGIBILITY FOR LONGEVITY BONUS + SB 259THEFT OF IDENTITY += SB 271FEES FOR FOOD ESTABLISHMENT INSPECTIONS += SB 212FISH & GAME GRANTS Amendments to the Following Two Bills: = HB 312APPROPRIATIONS: OPERATING BUDGET <Tentative> = HB 313APPROPRIATIONS: MENTAL HEALTH <Tentative> Bills Previously Heard/Scheduled Mar 29 Wednesday 9:00 AM Amendments to the Following Two Bills: = HB 312APPROPRIATIONS: OPERATING BUDGET = HB 313APPROPRIATIONS: MENTAL HEALTH Bills Previously Heard/Scheduled 2000-03-28 Senate Journal Page 2767 FINANCE Mar 30 Thursday 9:00 AM HOUSE FINANCE 519 -- Location Change -- Joint w/(H) Overview: General Obligation Bond Criteria from Salomon Smith Barney Bills Previously Heard/Scheduled SENATE FINANCE 532 Mar 30 Thursday 6:00 PM + SB 289BOARD OF TECHNICAL AND VOCATIONAL EDUC <Pending Referral> + HB 45INITIATIVE/REFERENDUM PETITIONS + HJR 7CONST AM: INITIATIVE/REFERENDUM PETITIONS + HB 180DRUGS WHERE MINORS ARE PRESENT + HB 259PUBLIC DEFENDER CHILDRENS PROCEEDINGS Bills Previously Heard/Scheduled Mar 31 Friday 9:00 AM += SB 34TATTOOS AND BODY PIERCING += SB 254HEIRLOOM MARRIAGE CERTIFICATES += SB 220PROCUREMENT PREFS:PARTNERSHP/LTD LIAB CO Bills Previously Heard/Scheduled Mar 31 Friday 6:00 PM Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Mar 29 Wednesday 1:30 PM += SB 80PUB.ASSISTANCE:PROGRAMS/GRANTS/CONTRACTS AK Council of School Administrators ---------------------------------------- JUDICIARY BELTZ 211 Mar 29 Wednesday 1:30 PM += SB 294CONCEALED HANDGUN PERMIT AMENDMENTS -- Rescheduled from 3/27/00 -- + SJR 15CONST. AM: APPOINTMENT OF JUDGES + SB 233MEDICAL ASSISTANCE:LIENS & CLAIMS + Bills Previously Heard/Scheduled 2000-03-28 Senate Journal Page 2768 JUDICIARY Mar 31 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE BELTZ 211 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 Mar 30 Thursday 1:30 PM + HB 190VIATICAL SETTLEMENTS + SB 260DENIAL OF ALCOHOLIC BEVERAGE LICENSE Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES Mar 29 Wednesday 12:00 PM HOUSE FINANCE 519 -- Note Time and Location -- Briefing: Cominco/Red Dog Mine BUTROVICH 205 Mar 29 Wednesday 3:00 PM + Confirmation Hearings: Commercial Fisheries Entry Commission Oil & Gas Conservation Commission Board of Fisheries + HB 114REPEAL PROHIBITION ANTLERLESS MOOSE + SB 124FISH & GAME LICENSING BY ELECTRONICS + SJR 31SUBSISTENCE FOR URBAN AK NATIVES + SB 296FEES FOR STATE SERVICE <Added to Agenda> + Bills Previously Heard/Scheduled Mar 31 Friday 3:00 PM Bills Previously Heard/Scheduled ---------------------------------------- RULES FAHRENKAMP 203 Mar 28 Tuesday 1:00 PM -- Meeting Canceled -- 2000-03-28 Senate Journal Page 2769 RULES Mar 29 Wednesday 11:30 AM -- Upon Adjournment -- = SB 85CREDITED SERVICE FOR TEMP EMPLOYEES:PERS ---------------------------------------- STATE AFFAIRS BELTZ 211 Mar 28 Tuesday 3:30 PM No Meeting Scheduled Mar 30 Thursday 3:30 PM + SCR 16AVALANCHE AWARENESS MONTH + SB 270STUDENT LOAN CORP PAYMENTS TO STATE + SB 237ALASKA NATL GUARD/NAVAL & STATE MILITIA + SB 238MEMBERS OF ALASKA STATE MILITIA ---------------------------------------- TRANSPORTATION BUTROVICH 205 Mar 28 Tuesday 1:30 PM No Meeting Scheduled Mar 30 Thursday 1:30 PM + SB 291TED STEVENS ANCHORAGE INTL AIRPORT Bills Previously Heard/Scheduled FINANCE SUBCOMMITTEES CAPITAL BUDGET FINANCE SUBCOMMITTEE SENATE FINANCE 532 Mar 29 Wednesday 12:00 PM -- Meeting Canceled -- Subcommittee Recommendations JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 Apr 19 Wednesday 12:00 PM 2000-03-28 Senate Journal Page 2770 OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH 205 Apr 04 Tuesday 12:00 PM Cook Inlet Tribal Council, Inc. ---------------------------------------- MAJORITY CAUCUS BUTROVICH 205 Mar 28 Tuesday 3:30 PM