Legislature(1999 - 2000)
2000-04-04 Senate Journal
Full Journal pdf2000-04-04 Senate Journal Page 2851 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska Eighty-sixth 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 Donley was excused from a call of the Senate. The prayer was offered by the Chaplain, Robin Walz of the Juneau Friends Meeting. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. The theme of todays prayer is simplicity. The reading comes from the Gospel of Matthew, Chapter 6, verses 25-33, and will be followed by a few moments of quiet reflection: This is why I am telling you not to worry about your life and what you are to eat, nor about your body and how you are to clothe it. For life means more than food, and the body more than clothing! Look at the birds in the sky. They do not sow or reap or gather into barns; yet your heavenly father feeds them. . . . Think of the flowers in the fields; they never have to work or spin; yet I assure you that not even Solomon in all his regalia was robed like one of these. Now if that is how God clothes the grass in the field which is there today and thrown into the furnace tomorrow, will he not much more look after you, you men of little faith? So do not worry; do not say, What are we to eat? What are we to drink? How are we to be clothed? . . . Your father knows you need them all. Set your minds on his kingdom first, and on his righteousness, and all these other things will be given to you as well. Amen. 2851 2000-04-04 Senate Journal Page 2852 Senator Pete Kelly led the Senate in the Pledge of Allegiance. Certification Senator Mackie moved and asked unanimous consent that the journal for the eighty-fifth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House HB 112 Message dated April 3 was read, stating the House concurred in the Senate amendment to HOUSE BILL NO. 112, thus adopting: SENATE CS FOR HOUSE BILL NO. 112(FIN) An Act establishing the Alaska public building fund; and providing for an effective date. Message dated April 3 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 361 CS FOR HOUSE BILL NO. 361(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to charges for state services; requiring that fees levied by resource agencies for designated regulatory services be based on the actual and reasonable direct cost of providing the services, except in the case of certain negotiated or fixed fees; relating to negotiated and fixed fees of resource agencies; relating to invoices for designated regulatory services; establishing a petition process regarding fees charged by resource agencies for regulatory services; and providing for an effective date. 2000-04-04 Senate Journal Page 2853 HB 361 was read the first time and referred to the Finance Committee. Standing Committee Reports SB 26 Forthcoming indeterminate and fiscal notes (page 2794) for the Judiciary Committee Substitute for SENATE BILL NO. 26 An Act relating to providing false information or reports to a peace officer published today from Department of Corrections, Department of Law. SB 233 The Judiciary Committee considered SENATE BILL NO. 233 An Act relating to priorities, claims, and liens for payment for certain medical services provided to medical assistance recipients; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 233(JUD) Signing do pass: Senator Taylor, Chair. Signing no recommendation: Senators Halford, Torgerson. Previous fiscal note. The bill was referred to the Finance Committee. SB 241 The Resources Committee considered SENATE BILL NO. 241 An Act relating to the accounting for and appropriations of the dive fishery management assessment; and providing for an effective date. Signing no recommendation: Senator Halford, Chair, Senators Green, Pete Kelly. Signing do pass: Senators Lincoln, Mackie, Taylor. Previous fiscal note. The bill was referred to the Finance Committee. 2000-04-04 Senate Journal Page 2854 SB 294 The Judiciary Committee considered SENATE BILL NO. 294 An Act relating to the possession of concealed handguns and to concealed handgun permits and recommended it be replaced with CS FOR SENATE BILL NO. 294(JUD) Signing do pass: Senator Taylor, Chair, Senators Torgerson, Halford. Zero fiscal note published today from Department of Public Safety. The bill was referred to the Rules Committee. SB 301 The Resources Committee considered SENATE BILL NO. 301 An Act relating to the Chitina dip net fishing permit; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 301(RES) Signing no recommendation: Senator Halford, Chair, Senators Taylor, Green. Signing do pass: Senators Mackie, Lincoln. Fiscal note published today from Department of Fish and Game. The bill was referred to the Finance Committee. HB 313 The Finance Committee considered CS FOR HOUSE BILL NO. 313(FIN) am An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 313(FIN) 2000-04-04 Senate Journal Page 2855 HB 313 Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Green, Pete Kelly, Adams, Wilken, Leman. Signing no recommendation: Senator Phillips. The bill was referred to the Rules Committee. SJR 15 The Judiciary Committee considered SENATE JOINT RESOLUTION NO. 15 Proposing amendments to the Constitution of the State of Alaska relating to the appointment and confirmation of supreme court justices and superior court judges and to approval or rejection of justices and judges during certain general elections, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 15(JUD) Proposing an amendment to the Constitution of the State of Alaska relating to when supreme court justices and superior court judges are to be subject to approval or rejection following initial approval. Signing do pass: Senator Taylor, Chair, Senator Halford. Signing no recommendation: Senator Torgerson. Fiscal note published today from Office of the Governor. The resolution was referred to the Finance Committee. SJR 31 The Judiciary Committee considered SENATE JOINT RESOLUTION NO. 31 Relating to subsistence activities of urban Alaska Natives under the Alaska National Interest Lands Conservation Act. Signing do pass: Senator Taylor, Chair, Senator Halford. Signing no recommendation: Senator Torgerson. Previous zero fiscal note. The resolution was referred to the Rules Committee. 2000-04-04 Senate Journal Page 2856 SJR 40 The Finance Committee considered SENATE JOINT RESOLUTION NO. 40 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, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 40(FIN) Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Phillips, Green, Pete Kelly, Wilken, Leman. Signing no recommendation: Adams. Fiscal note published today from Office of the Governor. The resolution was referred to the Rules Committee. SB 34 The Rules Committee considered SENATE BILL NO. 34 An Act relating to tattooing and body piercing; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Ellis. The bill is on todays calendar. SB 286 The Rules Committee considered SENATE BILL NO. 286 An Act relating to the duties and powers of the attorney general. Signing to calendar: Senator Tim Kelly, Chair, Senators Leman, Pearce. The bill is on todays calendar. 2000-04-04 Senate Journal Page 2857 Introduction and Reference of Senate Bills SB 304 SENATE BILL NO. 304 BY THE SENATE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE BY REQUEST, entitled: An Act relating to state aid to municipalities and certain other recipients, and for the village public safety officer program; relating to municipal dividends; and relating to the public safety foundation program. was read the first time and referred to the Community and Regional Affairs and Finance Committees. 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 11:22 a.m. After Recess The Senate reconvened at 11:34 a.m. Consideration of the Calendar Second Reading of Senate Bills SB 34 SENATE BILL NO. 34 An Act relating to tattooing and body piercing; and providing for an effective date was read the second time. 2000-04-04 Senate Journal Page 2858 SB 34 Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2812. Without objection, CS FOR SENATE BILL NO. 34(FIN) An Act relating to tattooing, body piercing, and ear piercing; relating to other occupations regulated by the Board of Barbers and Hairdressers; relating to fees charged by the Board of Barbers and Hairdressers; and providing for an effective date 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. 34(FIN) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 34(FIN) An Act relating to tattooing, body piercing, and ear piercing; relating to other occupations regulated by the Board of Barbers and Hairdressers; relating to fees charged by the Board of Barbers and Hairdressers; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 34(FIN) Third Reading - Final Passage Effective Dates YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Wilken Nays: Green, Halford, Taylor, Ward Excused: Donley and so, CS FOR SENATE BILL NO. 34(FIN) passed the Senate. 2000-04-04 Senate Journal Page 2859 SB 34 Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered. Senator Taylor gave notice of reconsideration. SB 286 SENATE BILL NO. 286 An Act relating to the duties and powers of the attorney general was read the second time. Senator Taylor, Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 2707. Senator Ellis objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 286(JUD) 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. Senator Ellis objected. The question being, Shall the bill be advanced to third reading? The roll was taken with the following result: CSSB 286(JUD) Advance from Second to Third Reading? YEAS: 13 NAYS: 5 EXCUSED: 1 ABSENT: 1 Yeas: Green, Halford, Kelly Pete, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln Excused: Donley Absent: Kelly Tim and so, the bill failed to advance to third reading. 2000-04-04 Senate Journal Page 2860 SB 286 CS FOR SENATE BILL NO. 286(JUD) will be on the April 5 calendar. Citations Honoring - Alaska Boys and Girls State Senator(s) Leman, Wilken, Parnell, Elton, Adams, Lincoln, Hoffman, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Phillips, Halford Honoring - John D. Horn Representative(s) Phillips Senator(s) Torgerson, Wilken, Parnell, Elton, Adams, Lincoln, Hoffman, Leman, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Ward, Phillips, Halford, Miller Honoring - The First United Methodist Church of Ketchikan Senator(s) Taylor, Wilken, Parnell, Elton, Adams, Lincoln, Hoffman, Leman, Pearce, Mackie, Tim Kelly, Green, Pete Kelly Honoring - Scott Gomez, National Hockey League All-Star Representative(s) Berkowitz Senator(s) Phillips, Tim Kelly, Wilken, Parnell, Elton, Adams, Lincoln, Hoffman, Leman, Pearce, Mackie, Green, Pete Kelly, Taylor, Halford In Memoriam - Julia Nergaard Senator(s) Taylor, Wilken, Parnell, Elton, Adams, Lincoln, Hoffman, Leman, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Halford 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. 2000-04-04 Senate Journal Page 2861 Unfinished Business SB 275 Senator Torgerson, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on SENATE BILL NO. 275 An Act relating to the school year for purposes of the postsecondary student loan program; and providing for an effective date. Without objection, the bill was referred to the Rules Committee. HB 344 President Pearce added a Finance Committee referral to CS FOR HOUSE BILL NO. 344(FIN) 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. The bill was referred to the Resources, then Finance Committees. Announcements Announcements are at the end of the journal. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 5, 2000. Without objection, the Senate adjourned at 12:01 p.m. Heidi Vogel Secretary of the Senate April 2000 2000-04-04 Senate Journal Page 2862 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 Apr 05 Wednesday 1:30 PM No Meeting Scheduled Apr 07 Friday 1:30 PM No Meeting Scheduled ---------------------------------------- FINANCE SENATE FINANCE 532 Apr 04 Tuesday 9:00 AM = HB 313APPROPRIATIONS: MENTAL HEALTH = SJR 40MAJORITY VOTE FOR STATEWIDE OFFICES + SB 26FALSE INFORMATION/REPORT TO POLICE += SB 256PHYSICIAN NEGOTIATIONS WITH HEALTH INSURE = SB 289BOARD OF TECHNICAL AND VOCATIONAL EDUC = SB 290PUPIL TRANSPORTATION COST REIMBURSEMENT Bills Previously Heard/Scheduled Apr 05 Wednesday 9:00 AM + SB 301CHITINA DIPNET FISHING PERMIT + SB 288APPROVE CLARKE BAY TERMINAL AGREEMENT + SB 261PROTECTION FROM NEEDLE & SHARPS INJURIES Bills Previously Heard/Scheduled 2000-04-04 Senate Journal Page 2863 FINANCE Apr 06 Thursday 9:00 AM += SB 271FEES FOR FOOD ESTABLISHMENT INSPECTIONS += SB 259THEFT OF IDENTITY += SB 212FISH & GAME GRANTS += HB 43MUNI.ORDINANCES:POLICE TRAINING SURCHARGE + HB 380INSURER TAX CREDIT:FIRE STANDRDS COUNCIL + HB 289AK DEFENSE FORCE/NATL GUARD:TRANSPORT Bills Previously Heard/Scheduled Apr 06 Thursday 6:00 PM Bills Previously Heard/Scheduled Apr 07 Friday 9:00 AM + HJR 56CONST. AM: WILDLIFE INITIATIVES += HB 272MUNICIPAL TAX: LOW INCOME HOUSING + HB 3DRUGS: POSSESSION OF LISTED CHEMICALS Subcommittee Report on the Following Bill: SB 192APPPROPRIATIONS; CAPITAL BUDGET/REAPPROPS Bills Previously Heard/Scheduled Apr 07 Friday 6:00 PM Bills Previously Heard/Scheduled Apr 08 Saturday 10:00 AM Bills Previously Heard/Scheduled Apr 10 Monday 8:30 AM Public Testimony on the Following Bill: = SB 192APPPROPRIATIONS; CAPITAL BUDGET/REAPPROPS Bills Previously Heard/Scheduled Apr 10 Monday 5:00 PM Amendments to the Following Bill: = SB 192APPPROPRIATIONS; CAPITAL BUDGET/REAPPROPS Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Apr 05 Wednesday 1:30 PM + HB 297AMBULATORY SURGICAL FACILITIES + Bills Previously Heard/Scheduled 2000-04-04 Senate Journal Page 2864 HEALTH, EDUCATION & SOCIAL SERVICES Apr 10 Monday 1:30 PM + Confirmation Hearings: Mental Health Trust Authority, Board of Education, UA Board of Regents + Bills Previously Heard/Scheduled Apr 12 Wednesday 1:30 PM + HB 218MUSEUM ACQUISITION OF UNCLAIMED PROPERTY + HB 236CREDITED PART-TIME SERVICE TRS + SB 206DISCLOSURE OF PUBLIC ASSISTANCE INFO + Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY BELTZ 211 Apr 05 Wednesday 1:30 PM + HB 318LAW ENFORCEMENT AGENCY PROPERTY DISPOSAL + SB 300INFO AND INFORMED CONSENT FOR ABORTION += HB 275UNIFORM PROBATE CODE/TRUSTS/PROPERTY + Bills Previously Heard/Scheduled Apr 07 Friday 1:30 PM + HB 435REVISORS BILL + HB 37SMOKING CESSATION AND EDUCATION PROGRAMS + HB 239UCC SECURED TRANSACTIONS + Bills Previously Heard/Scheduled ---------------------------------------- LABOR & COMMERCE BELTZ 211 Apr 04 Tuesday 1:30 PM + SB 280COMMON CARRIER LIQUOR LICENSE + HB 296UNIFORM PARTNERSHIP ACT + HJR 48ACCESS ACROSS UNITED STATES/CANADA BORDER + SB 297BOARD OF CHIROPRACTIC EXAMINERS Apr 06 Thursday 1:30 PM Bills Previously Heard/Scheduled ---------------------------------------- 2000-04-04 Senate Journal Page 2865 RESOURCES BUTROVICH 205 Apr 05 Wednesday 3:00 PM += SB 235APPROVING TRANSFER OF RAILROAD LAND + HB 344HARDROCK LAND EXCHANGE/ HEALY RR LEASE += SCR 3SOVEREIGNTY OF THE STATE; RESOURCES Bills Previously Heard/Scheduled Apr 07 Friday 3:00 PM HB 108USE, REGULATION, AND OPERATION OF BOATS Bills Previously Heard/Scheduled ---------------------------------------- RULES FAHRENKAMP 203 Apr 04 Tuesday 11:15 AM HB 313APPROPRIATIONS: MENTAL HEALTH ---------------------------------------- STATE AFFAIRS BELTZ 211 Apr 04 Tuesday 3:30 PM No Meeting Scheduled Apr 06 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 + SB 120DIVISION OF ELECTIONS Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION BUTROVICH 205 Apr 04 Tuesday 1:30 PM No Meeting Scheduled Apr 06 Thursday 1:30 PM + SB 302ANCHORAGE INTL AIRPORT COMMISSION + Bills Previously Heard/Scheduled 2000-04-04 Senate Journal Page 2866 FINANCE SUBCOMMITTEES CAPITAL BUDGET FINANCE SUBCOMMITTEE SENATE FINANCE 532 Apr 06 Thursday 3:00 PM Subcommittee Recommendations JOINT COMMITTEES ARMED SERVICES COMMITTEE BUTROVICH 205 Apr 06 Thursday 12:30 PM + Presentation: Anchorage Military Logistics Initiative ---------------------------------------- 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. ---------------------------------------- MINORITY CAUCUS BUTROVICH 205 Apr 04 Tuesday 3:30 PM