Legislature(1999 - 2000)
2000-03-29 Senate Journal
Full Journal pdf2000-03-29 Senate Journal Page 2771 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska Eightieth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:12 a.m. The roll showed nineteen members present. Senator Halford was absent. 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, we thank You for the opportunity to live in this beautiful state and thank You for doing such a great job in its formation. As we start our day with its busy schedules and hurried pace, we ask for a moment of calm. Let us remember that You are the God of this day as well as all eternity. We invite You to be a part of our lives, and our business today. Keep us accountable to those we represent, and to ourselves, as we undertake the duties assigned to us. Bless our families, keep them safe and protected. Bless our state, bless our Governor and bless each legislator. Thank You, Father, for giving us this time to talk with You. Amen. Senator Hoffman led the Senate in the Pledge of Allegiance. 2771 2000-03-29 Senate Journal Page 2772 Certification Senator Mackie moved and asked unanimous consent that the journal for the seventy-ninth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Halford was noted. Messages from the House Message dated March 28 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 116 CS FOR HOUSE BILL NO. 116(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to the Board of Agriculture and Conservation, to the director of agriculture, to the agricultural revolving loan fund and to loans from the fund, to the disposal of interests in state agricultural land; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. HB 239 CS FOR HOUSE BILL NO. 239(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to the Uniform Commercial Code; relating to secured transactions; amending Rule 79, Alaska Rules of Civil Procedure; and providing for an effective date. was read the first time and referred to the Judiciary Committee. 2000-03-29 Senate Journal Page 2773 HB 380 CS FOR HOUSE BILL NO. 380(L&C) BY THE HOUSE LABOR AND COMMERCE COMMITTEE, entitled: An Act relating to contributions to the Alaska Fire Standards Council and to an insurer tax credit for those contributions; and providing for an effective date. was read the first time and referred to the Finance Committee. SJR 18 Message dated March 28 was read, stating the House passed and returned for consideration CS FOR SENATE JOINT RESOLUTION NO. 18(RLS) Requesting Exxon Corporation to pay claimants for court-ordered damages resulting from the Exxon Valdez oil spill, with the following amendments: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 18(O&G) am H Requesting Exxon Mobil Corporation to pay claimants for court-ordered damages resulting from the Exxon Valdez oil spill. (technical title change) Senator Mackie moved that the Senate concur in the House amendments. Senator Leman moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Leman was required to vote. The question being: Shall the Senate concur in the House amendments? The roll was taken with the following result: 2000-03-29 Senate Journal Page 2774 SJR 18 HCS CSSJR 18(O&G) am H Shall the Senate Concur in the House Amendments to CSSJR 18(RLS)? 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 and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 18(O&G) am H Requesting Exxon Mobil Corporation to pay claimants for court-ordered damages resulting from the Exxon Valdez oil spill. The Secretary was requested to notify the House. The resolution was referred to the Secretary for enrollment. Standing Committee Reports SB 240 The Labor and Commerce 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(L&C) Signing do pass: Senator Mackie, Chair, Senators Tim Kelly, Leman, Hoffman. 2000-03-29 Senate Journal Page 2775 SB 240 Previous fiscal note. The bill was referred to the Finance Committee. SB 248 The Labor and Commerce 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: Senator Mackie, Chair, Senators Leman, Hoffman. Signing no recommendation: Senator Tim Kelly. Previous zero fiscal note. The bill was referred to the Finance Committee. SB 289 The Labor and Commerce Committee considered SENATE BILL NO. 289 An Act establishing and relating to the Alaska Board of Technical and Vocational Education; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 289(L&C) Signing no recommendation: Senator Mackie, Chair, Senators Leman, Hoffman. Signing do pass: Senator Tim Kelly. Fiscal notes published today from Department of Education and Early Development, Department of Health and Social Services, Department of Labor and Workforce Development (2). The bill was referred to the Finance Committee. 2000-03-29 Senate Journal Page 2776 Recess Senator Mackie moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 11:30 a.m. After Recess The Senate reconvened at 11:36 a.m. Standing Committee Reports Continued SB 247 The Rules Committee considered SENATE BILL NO. 247 An Act relating to eligibility of certain veterans for longevity bonus payments; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. The bill is on todays calendar. Introduction and Reference of Senate Resolutions SJR 40 SENATE JOINT RESOLUTION NO. 40 BY THE SENATE JUDICIARY COMMITTEE, Proposing amendments to the Constitution of the State of Alaska providing that the governor, United States senators, United States representative, and electors of the President and Vice-President of the United States be elected by a majority vote. was read the first time and referred to the Finance Committee. 2000-03-29 Senate Journal Page 2777 Introduction and Reference of Senate Bills SB 300 SENATE BILL NO. 300 BY THE SENATE RESOURCES COMMITTEE, entitled: An Act relating to services and information available to pregnant women and other persons; and requiring informed consent and a 24-hour waiting period before an abortion may be performed unless there is a medical emergency. was read the first time and referred to the Judiciary and Finance Committees. SB 301 SENATE BILL NO. 301 BY THE SENATE FINANCE COMMITTEE, entitled: An Act relating to the Chitina dip net fishing permit; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. Consideration of the Calendar Second Reading of Senate Bills SB 247 SENATE BILL NO. 247 An Act relating to eligibility of certain veterans for longevity bonus payments; 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 2757. Without objection, 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 was adopted and read the second time. 2000-03-29 Senate Journal Page 2778 SB 247 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. 247(FIN) was read the third time. Senator Phillips moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Phillips was required to vote. Senators Mackie, Ellis, Donley moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: Shall 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 pass the Senate? The roll was taken with the following result: CSSB 247(FIN) Third Reading - Final Passage 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, CS FOR SENATE BILL NO. 247(FIN) 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. 2000-03-29 Senate Journal Page 2779 House Bills in Third Reading HB 357 HOUSE BILL NO. 357 HOUSE BILL NO. 357 An Act relating to the redemption of shares of certain Alaska corporations which had been held in third reading on reconsideration (page 2764) was before the Senate. Senator Taylor moved and asked unanimous consent that the reconsideration on HOUSE BILL NO. 357 be held to the March 30 calendar. Without objection, it was so ordered. Citations Honoring - Ethel Lund Senator(s) Mackie, Pearce, Tim Kelly, Wilken, Elton, Adams, Hoffman, Lincoln, Leman, Green, Pete Kelly, Taylor, Parnell, Halford Representative(s) Kookesh 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 Reconsideration of Senate Bills SB 281 Senator Halford requested that the reconsideration on 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 be taken up. The bill was before the Senate on reconsideration. 2000-03-29 Senate Journal Page 2780 SB 281 Senator Green moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Without objection, the bill was returned to second reading. Senator Green offered Amendment No. 4 : Page 1, following line 12, add new section before Article 1: Preamble: All Departments of state government shall be held accountable for their actions and compliance with the recommendations of legislative audits. Senator Green moved for the adoption of Amendment No. 4. Objections were heard. Senator Green moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 4: After actions: Delete and, Insert , including After legislative audits: Insert as directed by the legislature Without objection, Amendment No. 4 was amended. The question being: Shall Amendment No. 4 as amended be adopted? CSSB 281(FIN) am Second Reading Amendment No. 4 as amended 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 and so, Amendment No. 4 as amended was adopted. 2000-03-29 Senate Journal Page 2781 SB 281 CS FOR SENATE BILL NO. 281(FIN) am was automatically in third reading on reconsideration. The question to be reconsidered: 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 - 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, CS FOR SENATE BILL NO. 281(FIN) 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. Senator Miller moved and asked unanimous consent that he be excused from a call of the Senate from March 31 through evening plane time April 3. Without objection, Senator Miller was excused. Senator Taylor moved and asked unanimous consent that he be excused from the Senate, not subject to a call, from 2:00 p.m., March 31 through April 2. Without objection, Senator Taylor was excused. 2000-03-29 Senate Journal Page 2782 Senator Adams moved and asked unanimous consent that he be excused from the Senate, not subject to a call, from 12:00 p.m., April 6 through April 8. Without objection, Senator Adams was excused. Citations Senator Mackie moved and asked unanimous consent that the following citation be made a special order of business. Without objection, it was so ordered. Special Order of Business Honoring - Colonel John D. Glass Senator(s) Green, Halford, Leman, Donley, Parnell, Lincoln, Pearce, Mackie, Tim Kelly, Pete Kelly, Taylor, Elton, Adams, Hoffman, 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. Announcements Announcements are at the end of the journal. Engrossment SB 247 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 was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2000-03-29 Senate Journal Page 2783 SB 281 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 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 30, 2000. Without objection, the Senate adjourned at 12:12 p.m. Heidi Vogel Secretary of the Senate March 2000 2000-03-29 Senate Journal Page 2784 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 29 Wednesday 9:00 AM Amendments to the Following Two Bills: = HB 312APPROPRIATIONS: OPERATING BUDGET = HB 313APPROPRIATIONS: MENTAL HEALTH Bills Previously Heard/Scheduled -- Continued at 2:30 PM -- Mar 30 Thursday 9:00 AM HOUSE FINANCE 519 -- Location Change -- Joint w/(H) Overview: General Obligation Bond Criteria from Salomon Smith Barney SENATE FINANCE 532 Amendments to the Following Two Bills: = HB 312APPROPRIATIONS: OPERATING BUDGET <Tentative> = HB 313APPROPRIATIONS: MENTAL HEALTH <Tentative> Bills Previously Heard/Scheduled 2000-03-29 Senate Journal Page 2785 FINANCE Mar 30 Thursday 6:00 PM + SB 289BOARD OF TECHNICAL AND VOCATIONAL EDUC + 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 Bills Previously Heard/Scheduled ---------------------------------------- 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 Mar 31 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- LABOR & COMMERCE BELTZ 211 Mar 30 Thursday 1:30 PM + HB 190VIATICAL SETTLEMENTS + SB 260DENIAL OF ALCOHOLIC BEVERAGE LICENSE Bills Previously Heard/Scheduled 2000-03-29 Senate Journal Page 2786 LABOR & COMMERCE Apr 04 Tuesday 1:30 PM SB 280COMMON CARRIER LIQUOR LICENSE HB 296UNIFORM PARTNERSHIP ACT HJR 48ACCESS ACROSS UNITED STATES/CANADA BORDER Apr 06 Thursday 1:30 PM 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 29 Wednesday 11:30 AM SB 247VETERANSELIGIBILITY FOR LONGEVITY BONUS Mar 29 Wednesday 12:15 PM = SB 85CREDITED SERVICE FOR TEMP EMPLOYEES:PERS = HB 112ESTABLISH ALASKA PUBLIC BUILDING FUND ---------------------------------------- 2000-03-29 Senate Journal Page 2787 STATE AFFAIRS BELTZ 211 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 += SB 292PUBLIC SCHOOL STUDENT IMMUNIZATIONS Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION BUTROVICH 205 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 OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH 205 Apr 04 Tuesday 12:00 PM Cook Inlet Tribal Council, Inc. ---------------------------------------- MAJORITY CAUCUS BUTROVICH 205 Mar 29 Wednesday 5:30 PM