Legislature(1999 - 2000)
2000-04-18 Senate Journal
Full Journal pdf2000-04-18 Senate Journal Page 3213 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska One Hundredth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:23 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Pastor Larry Olson, Eagle Wings Community Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord, we thank You for this great land we live in. Its beauty and resources are more than we can comprehend. It all belongs to You and we are but mere stewards and temporary caretakers. Lord, there were many generations who came before us, and there will be many generations who come after us. May we live and work and spend our time here so that Alaskas beauty and resources are here for future generations to enjoy and to use. We pray for those people we name in our hearts now. Amen. Senator Leman led the Senate in the Pledge of Allegiance. 3213 2000-04-18 Senate Journal Page 3214 Certification Senator Mackie moved and asked unanimous consent that the journal for the ninety-ninth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor SB 7 Message dated and received April 17 was read, stating: Dear President Pearce: Under the authority of Art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS FOR SENATE BILL NO. 7(FIN) am H An Act relating to the University of Alaska and university land and authorizing the University of Alaska to select additional state land. The bill provides for the selection and transfer of 260,000 acres of state land to the University of Alaska. It is the latest of several efforts since statehood to obtain more land for the university system as a revenue-raising means. Throughout my term as governor, I have strongly supported the university. I have proposed healthy operating budget increases, fought for adequate capital funding for university facilities, worked to encourage Alaskas best and brightest students to attend Alaskas university and obtained a long-term source of funding for the university through the Charter with BP Amoco. However, this bill is the wrong approach toward adequate resources for the university. As I did in 1995 and 1996, former Alaska Governor Bill Egan vetoed similar legislation in 1959. 2000-04-18 Senate Journal Page 3215 SB 7 As Governor Egan noted in his veto of a university lands bill, this measure is inconsistent with constitutional concepts and not in the public interest. I agree with Governor Egan regarding the concept of earmarking state lands when he said: . . . can we in good conscience limit the practice to the University? Why not similar provision for common schools, public building, hospitals, penal institutions, highways, airports, aid to dependent children, and so on throughout the entire list of important state functions? I continue to believe the basic premise of the bill, transfer of state land to the university for the purpose of raising revenue, is not in the best interest of the state. It is an inefficient and unsuccessful way to secure reliable funding for the university. Instead, this bill will complicate state land management, contribute to significant land use conflicts, and likely lead to years of litigation reminiscent of the Mental Health Trust Lands case. Instead of a futile attempt to generate revenue for the university through the grant of additional state land, I have long worked for adequate resources for higher education. For the coming year, I proposed the largest increase ever - $16.9 million for the University of Alaskas operating budget. As a result of the Charter my administration negotiated between the State, BP Amoco and Phillips Petroleum Company, the university also will realize income estimated at $2.8 million each year. And, as I have in the past, I support an appropriation of additional federal lands to the university consistent with land grants offered in other states. The University of Alaska has a broad mission of educating and training Alaskans for future economic and civic responsibilities, for vital research in the public interest and for public service. Despite this veto, I remain open and willing to work with the university and its supporters on reasonable means to advance that mission. 2000-04-18 Senate Journal Page 3216 SB 7 But a grant of state land as proposed in this bill will not solve the university's immediate financial needs and, for the policy reasons expressed above, I must veto this legislation. Sincerely, /s/ Tony Knowles Governor SB 267 Message dated and received April 17 was read, stating: Dear President Pearce: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS FOR SENATE BILL NO. 267(RES) An Act relating to management of game. The bill virtually nullifies the widely supported 1996 citizen initiative, which banned the same-day airborne hunting of wolves, wolverine, fox and lynx except in limited cases of biological emergency. Most Alaskans do not consider it fair chase and appropriate hunting technique to track and spot a wolf from an aircraft, land, and kill it. This behavior also invites other unethical, illegal practices such as herding of wolves and shooting from the aircraft before landing. The initiative was supported by 58 percent of Alaska voters who said the practice of land and shoot hunting of wolves is unacceptable and that, while biological emergencies may justify such a drastic measure, these circumstances are exceptional and use of this game management tool must be tightly controlled. 2000-04-18 Senate Journal Page 3217 SB 267 To use as a method of state predator control unethical techniques that encourage illegal activity is a throwback to the universally discredited policies of bounties, poisoning and denning, the practice of killing wolf pups. This Legislatures approach to game management is out of touch and divisive. It has proven so in three ways. First, by efforts to remove public participation in wildlife management decisions. Second, by action to overturn public support of the initiative on same-day airborne wolf control. Third, by restricting and even prohibiting the statutory mandate for diversity of opinion on state Board of Game. On the other hand, we can resolve the issue of predator control in a way that unifies Alaskans rather than dividing them. This can occur by increasing diversity on the Board of Game so that non- consumptive users are represented; by creating areas for the protection of wolves and bears to benefit the growing watchable wildlife sector of our visitor industry; and by applying principles of adaptive management so that any needed predator control efforts are part of a program of sound scientific research. The legislature began its erosion of the 1996 citizens' initiative last year by weakening the standards the public decided to apply to these types of predator control efforts. That bill was enacted over my veto. Added to the change included in this bill, the revisions are now so sweeping they subvert most of the initiative's provisions. These legislative tactics exclude Alaskans from management of our wildlife. Wildlife management must ensure the long-term conservation of all species and habitats and provide for the broadest range of human uses and values through an accessible and responsive public process. The control technique of land and shoot hunting endorsed by this bill sets bad wildlife management policy that will likely succeed only in polarizing Alaskans. Sincerely, /s/ Tony Knowles Governor 2000-04-18 Senate Journal Page 3218 Messages from the House SB 193 Message dated April 17 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 193(FIN) An Act relating to the payment of wages and claims for the payment of wages. The bill was referred to the Secretary for enrollment. SB 275 Message dated April 17 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 275(HES) An Act relating to the school year for purposes of the postsecondary student loan program; and providing for an effective date. The bill was referred to the Secretary for enrollment. SB 297 Message dated April 17 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 297(L&C) am An Act relating to the licensing of chiropractors and to disciplinary actions against chiropractors. The bill was referred to the Secretary for enrollment. SCR 16 Message dated April 17 was read, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 16 Relating to Avalanche Awareness Month. 2000-04-18 Senate Journal Page 3219 SCR 16 The resolution was referred to the Secretary for enrollment. Standing Committee Reports HB 37 The Finance Committee considered CS FOR HOUSE BILL NO. 37(FIN) An Act relating to restricting sale of cigarettes, to enforcement of certain laws relating to sales of cigarettes, and to smoking education and cessation programs administered by the Department of Health and Social Services and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 37(FIN) Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Phillips, Wilken, Leman. Signing no recommendation: Senators Pete Kelly, Adams, Donley. Signing amend: Senator Green. Zero fiscal note published today from the Senate Finance Committee. The bill was referred to the Rules Committee. HB 98 The Finance Committee considered CS FOR HOUSE BILL NO. 98(HES) am An Act relating to contracts for the provision of state public assistance to certain recipients in the state; providing for regional public assistance plans and programs in the state; relating to grants for Alaska Native family assistance programs; relating to assignment of child support by Alaska Native family assistance recipients; to paternity determinations and genetic testing involving recipients of assistance under Alaska Native family assistance programs; and providing for an effective date and recommended it be replaced with 2000-04-18 Senate Journal Page 3220 HB 98 SENATE CS FOR CS FOR HOUSE BILL NO. 98(FIN) Signing do pass: Senator Torgerson, Cochair, Senator Adams. Signing no recommendation: Senators Phillips, Pete Kelly, Leman, Wilken, Donley. Signing amend: Senator Green. Previous House zero fiscal notes. The bill was referred to the Rules Committee. HB 105 The Finance Committee considered CS FOR HOUSE BILL NO. 105(FIN) An Act providing for the licensing of speech-language pathologists; relating to fees paid by audiologists and speech- language pathologists; and providing for an effective date and recommended the adoption of the Labor and Commerce Committee Substitute offered on page 3025. Signing do pass: Senator Torgerson, Cochair, Senators Phillips, Green, Leman, Adams, Wilken, Donley. Previous House fiscal note. The bill was referred to the Rules Committee. HB 133 The Community and Regional Affairs Committee considered CS FOR HOUSE BILL NO. 133(FIN)(efd fld) An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 133(CRA) Signing do pass: Senator Tim Kelly, Chair. Signing no recommendation: Senators Mackie, Phillips. 2000-04-18 Senate Journal Page 3221 HB 133 Zero fiscal note published today from Department of Community and Economic Development. The bill was referred to the Finance Committee. HB 239 The Finance Committee considered CS FOR HOUSE BILL NO. 239(FIN) 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 and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 239(FIN) Signing do pass: Senators Torgerson, Parnell, Cochairs, Senator Leman. Signing no recommendation: Senators Phillips, Green, Pete Kelly, Adams, Donley. Previous House fiscal note. The bill was referred to the Rules Committee. HB 259 The Finance Committee considered CS FOR HOUSE BILL NO. 259(FIN) An Act relating to eligibility to be represented by the public defender before and during the probable cause and temporary placement hearing that is held after the state takes emergency custody of a child. Signing do pass: Senator Torgerson, Cochair, Senators Phillips, Green, Pete Kelly, Leman, Donley. Signing no recommendation: Senators Adams, Wilken. Previous House zero fiscal note. The bill was referred to the Rules Committee. 2000-04-18 Senate Journal Page 3222 HB 304 The Resources Committee considered CS FOR HOUSE BILL NO. 304(FIN) am An Act relating to issuance and sale of revenue bonds to fund drinking water projects, to the Alaska clean water fund, to creation of an Alaska clean water administrative fund and an Alaska drinking water administrative fund, to fees to be charged in connection with loans made from the Alaska clean water fund and the Alaska drinking water fund, and to clarification of the character and permissible uses of the Alaska drinking water fund; amending Rule 3, Alaska Rules of Civil Procedure; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 304(RES) Signing do pass: Senator Halford, Chair, Senator Taylor. Signing no recommendation: Senators Green, Pete Kelly, Lincoln. Fiscal note published today from Department of Environmental Conservation. Previous House zero fiscal note. The bill was referred to the Finance Committee. HB 331 The Finance Committee considered CS FOR HOUSE BILL NO. 331(MLV) An Act relating to compensation of members of the Alaska National Guard and Alaska Naval Militia in active service; changing the name of the Alaska State Militia to the Alaska State Defense Force; relating to compensation and work status for members of the Alaska State Defense Force; and providing for an effective date. Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Phillips, Wilken, Leman. Signing no recommendation: Senators Pete Kelly, Adams. Previous House zero fiscal note. The bill was referred to the Rules Committee. 2000-04-18 Senate Journal Page 3223 HB 337 The Finance Committee considered CS FOR HOUSE BILL NO. 337(JUD) An Act relating to claims against permanent fund dividends to pay amounts owed to the Department of Labor and Workforce Development under the Alaska Employment Security Act and to fees for processing certain claims against permanent fund dividends; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 337(FIN) Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Phillips, Wilken, Leman. Signing no recommendation: Senators Pete Kelly, Adams. Previous House fiscal note and zero fiscal note. The bill was referred to the Rules Committee. HB 378 The Finance Committee considered CS FOR HOUSE BILL NO. 378(RLS) An Act relating to the establishment of, assessment of, collection of, and accounting for service fees for state administration of workers compensation and workers safety programs; establishing civil penalties and sanctions for late payment or nonpayment of the service fee; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 378(FIN) Signing do pass: Senator Parnell, Cochair, Senator Wilken. Signing no recommendation: Senator Torgerson, Cochair, Senators Phillips, Pete Kelly, Adams, Donley, Leman. Signing amend: Senator Green. 2000-04-18 Senate Journal Page 3224 HB 378 Fiscal notes published today from Department of Labor and Workforce Development (3), Department of Administration, Office of the Governor. Previous House fiscal notes. The bill was referred to the Rules Committee. HB 418 The Finance Committee considered CS FOR HOUSE BILL NO. 418(RLS) An Act designating certain receipts as program receipts, appropriations of which are not made from the unrestricted general fund; relating to the establishment of an administrative cost charge for the states role in the community development quota program; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 418(FIN) Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Phillips, Pete Kelly, Leman, Adams, Wilken. Signing no recommendation: Senator Green. Signing amend to delete ASMI, current ASMI Board is not trustworthy: Senator Donley. Fiscal note published today from Department of Fish and Game. Previous House fiscal notes. The bill was referred to the Rules Committee. HB 67 The Rules 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman. Signing under other recommendations: Senators Ellis, Miller. Indeterminate fiscal note published today from Department of Corrections. 2000-04-18 Senate Journal Page 3225 HB 67 The bill is on todays calendar. HB 114 The Rules Committee considered HOUSE BILL NO. 114 An Act repealing the prohibition against the taking of antlerless moose. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. HB 180 The Rules Committee considered 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. HB 218 The Rules Committee considered CS FOR HOUSE BILL NO. 218(FIN) An Act relating to property loaned to or held by museums. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce, Ellis. The bill is on todays calendar. HB 288 The Rules Committee considered CS FOR HOUSE BILL NO. 288(JUD) An Act relating to the creation of an aggravating factor for the commission of domestic violence in the physical presence or hearing of a child. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. The bill is on todays calendar. 2000-04-18 Senate Journal Page 3226 SCR 18 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 18 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 114, relating to the taking of antlerless moose. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. Zero fiscal note published today from the Senate Rules Committee. The resolution is on todays calendar. HJR 60 The Rules Committee considered HOUSE JOINT RESOLUTION NO. 60 Opposing the designation of millions of acres of Alaska as critical habitat for the Spectacled Eider and the Stellers Eider. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The resolution is on todays calendar. 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 11:35 a.m. After Recess The Senate reconvened at 11:59 a.m. Standing Committee Reports Continued HB 105 The Rules Committee considered CS FOR HOUSE BILL NO. 105(FIN) An Act providing for the licensing of speech-language pathologists; relating to fees paid by audiologists and speech- language pathologists; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. 2000-04-18 Senate Journal Page 3227 HB 105 The bill is on todays calendar. HB 236 The Rules Committee considered HOUSE BILL NO. 236 An Act relating to credited service in the teachers retirement system for part-time employment. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. The bill is on todays calendar. HB 239 The Rules Committee considered CS FOR HOUSE BILL NO. 239(FIN) 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. The bill is on todays calendar. HB 378 The Rules Committee considered CS FOR HOUSE BILL NO. 378(RLS) An Act relating to the establishment of, assessment of, collection of, and accounting for service fees for state administration of workers compensation and workers safety programs; establishing civil penalties and sanctions for late payment or nonpayment of the service fee; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. The bill is on todays calendar. HB 418 The Rules Committee considered CS FOR HOUSE BILL NO. 418(RLS) An Act designating certain receipts as program receipts, appropriations of which are not made from the unrestricted general fund; relating to the establishment of an administrative cost charge for the states role in the community development quota program; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. 2000-04-18 Senate Journal Page 3228 HB 418 The bill is on todays calendar. SJR 31 The Rules Committee considered SENATE JOINT RESOLUTION NO. 31 Relating to subsistence activities of urban Alaska Natives under the Alaska National Interest Lands Conservation Act. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The resolution is on todays calendar. Special Committee Reports HB 225 April 15, 2000 Madam President: Mr. Speaker: The Conference Committee considering CS FOR HOUSE BILL NO. 225(JUD) An Act relating to election campaigns and legislative ethics; and providing for an effective date and SENATE CS FOR CS FOR HOUSE BILL NO. 225(JUD) am S is unable to reach agreement on amendments, therefore the Committee requests limited powers of free conference on the following specific sections of SENATE CS FOR CS FOR HOUSE BILL NO. 225(JUD) am S: Sections 3, 6, 9, 11, 13 and 20 Signing the Report: Senator Donley, Chair; Representative Green, Chair. President Pearce granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. 2000-04-18 Senate Journal Page 3229 Consideration of the Calendar Reconsideration of Senate Resolutions SJR 40 Senator Mackie moved and asked unanimous consent that CS FOR SENATE JOINT RESOLUTION NO. 40 (RLS) am be moved to the top of todays calendar. Without objection, it was so ordered. CS FOR SENATE JOINT RESOLUTION NO. 40(RLS) am Proposing amendments to the Constitution of the State of Alaska providing that the governor and lieutenant governor be elected by a majority vote; and changing the term of office of the governor and lieutenant governor, which had been held to the April 18 calendar (page 3185) was before the Senate on reconsideration. Senator Tim Kelly moved that the resolution be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, it was so ordered. Senator Tim Kelly offered Amendment No. 2 : Page 1, lines 13 - 16: Delete all material and insert: "Section 4. Term of Office. The term of office of the governor is four years. If the governor is elected at the general election, the term begins ¦, BEGINNINGá at noon on the first Monday in December following the ¦HISá election. If the governor is elected at the runoff election, the term begins ¦AND ENDINGá at noon on the third ¦FIRSTá Monday in February following the election, unless otherwise provided by law. It ends at noon on the day when the term of office of the governors successor begins under this section ¦DECEMBER FOUR YEARS LATERá." Senator Tim Kelly moved for the adoption of Amendment No. 2. Senator Elton objected. 2000-04-18 Senate Journal Page 3230 SJR 40 The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSJR 40(RLS) am Second Reading Amendment No. 2 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. 2 was adopted. CS FOR SENATE JOINT RESOLUTION NO. 40(RLS) am was automatically in third reading. The question to be reconsidered: Shall CS FOR SENATE JOINT RESOLUTION NO. 40(RLS) am Proposing amendments to the Constitution of the State of Alaska providing that the governor and lieutenant governor be elected by a majority vote; and changing the term of office of the governor and lieutenant governor, pass the Senate? The roll was taken with the following result: CSSJR 40(RLS) am Third Reading - On Reconsideration YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln, Mackie and so, CS FOR SENATE JOINT RESOLUTION NO. 40(RLS) am passed the Senate and was referred to the Secretary for engrossment. 2000-04-18 Senate Journal Page 3231 Second Reading of House Bills HB 67 CS FOR HOUSE BILL NO. 67(JUD) am An Act relating to release of certain persons alleged to have committed certain sexual offenses was read the second time. Senator Taylor, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 2691. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 67(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. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 67(JUD) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 67(JUD) An Act relating to release of certain persons alleged to have committed certain sexual offenses pass the Senate? The roll was taken with the following result: SCS CSHB 67(JUD) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, SENATE CS FOR CS FOR HOUSE BILL NO. 67(JUD) passed the Senate and was referred to the Secretary for engrossment. 2000-04-18 Senate Journal Page 3232 HB 105 CS FOR HOUSE BILL NO. 105(FIN) An Act providing for the licensing of speech-language pathologists; relating to fees paid by audiologists and speech-language pathologists; 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 Senate Committee Substitute offered on page 3025. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 105(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. SENATE CS FOR CS FOR HOUSE BILL NO. 105(L&C) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 105(L&C) An Act providing for the licensing of speech- language pathologists; relating to fees paid by audiologists and speech-language pathologists; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 105(L&C) Third Reading - Final Passage Effective Dates YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Absent: Kelly Pete and so, SENATE CS FOR CS FOR HOUSE BILL NO. 105(L&C) passed the Senate. 2000-04-18 Senate Journal Page 3233 HB 105 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 and the bill was referred to the Secretary for engrossment. Second Reading of Senate Resolutions SCR 18 Senator Mackie moved and asked unanimous consent that SENATE CONCURRENT RESOLUTION NO. 18 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 114, relating to the taking of antlerless moose, be returned to the Rules Committee. Without objection, it was so ordered. Second Reading of House Bills HB 114 Senator Mackie moved and asked unanimous consent that HOUSE BILL NO. 114 An Act repealing the prohibition against the taking of antlerless moose be returned to the Rules Committee. Without objection, it was so ordered. HB 180 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 was read the second time. Senator Mackie moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 180(FIN) am was read the third time. 2000-04-18 Senate Journal Page 3234 HB 180 Senators Halford, Taylor moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: Shall 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 pass the Senate? The roll was taken with the following result: CSHB 180(FIN) am Third Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Tim, Leman, Lincoln, Mackie, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Absent: Kelly Pete, Miller and so, CS FOR HOUSE BILL NO. 180(FIN) am passed the Senate, was signed by the President and Secretary and returned to the House. HB 218 CS FOR HOUSE BILL NO. 218(FIN) An Act relating to property loaned to or held by museums was read the second time. Senator Mackie moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 218(FIN) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 218(FIN) An Act relating to property loaned to or held by museums pass the Senate? The roll was taken with the following result: 2000-04-18 Senate Journal Page 3235 HB 218 CSHB 218(FIN) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken and so, CS FOR HOUSE BILL NO. 218(FIN) passed the Senate. Senator Ward gave notice of reconsideration. HB 236 HOUSE BILL NO. 236 An Act relating to credited service in the teachers retirement system for part-time employment was read the second time. Senator Mackie moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 236 was read the third time. The question being: Shall HOUSE BILL NO. 236 An Act relating to credited service in the teachers retirement system for part-time employment pass the Senate? The roll was taken with the following result: HB 236 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken 2000-04-18 Senate Journal Page 3236 HB 236 and so, HOUSE BILL NO. 236 passed the Senate, was signed by the President and Secretary and returned to the House. HB 239 CS FOR HOUSE BILL NO. 239(FIN) 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 second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3221. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 239(FIN) 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. SENATE CS FOR CS FOR HOUSE BILL NO. 239(FIN) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 239(FIN) 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 pass the Senate? The roll was taken with the following result: SCS CSHB 239(FIN) Third Reading - Final Passage Effective Dates - Court Rule Change YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Wilken Nays: Green, Halford, Ward 2000-04-18 Senate Journal Page 3237 HB 239 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 239(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 clauses. Without objection, it was so ordered. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the court rule change. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 288 CS FOR HOUSE BILL NO. 288(JUD) An Act relating to the creation of an aggravating factor for the commission of domestic violence in the physical presence or hearing of a child was read the second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3080. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 288(FIN) was adopted and read the second time. Senators Halford, Pearce, Wilken, Taylor, Miller, Leman, Mackie, Ellis, Tim Kelly, Phillips, Pete Kelly, Lincoln, Elton moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The bill will appear on the April 19 calendar. HB 378 CS FOR HOUSE BILL NO. 378(RLS) An Act relating to the establishment of, assessment of, collection of, and accounting for service fees for state administration of workers compensation and workers safety programs; establishing civil penalties and sanctions for late payment or nonpayment of the service fee; and providing for an effective date was read the second time. 2000-04-18 Senate Journal Page 3238 HB 378 Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3223. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 378(FIN) was adopted and read the second time. Senator Mackie moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 378(FIN) be held in second reading to the April 19 calendar. Without objection, it was so ordered. HB 418 CS FOR HOUSE BILL NO. 418(RLS) An Act designating certain receipts as program receipts, appropriations of which are not made from the unrestricted general fund; relating to the establishment of an administrative cost charge for the states role in the community development quota program; 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 Senate Committee Substitute offered on page 3224. Senator Ellis objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 418(FIN) was adopted and read the second time. Senator Torgerson offered Amendment No. 1 : Page 2, line 5: Delete AS 16.43.160 Insert AS 16.05.490 and 16.05.530 Senator Torgerson moved for the adoption of Amendment No. 1. Senator Mackie objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. 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. 2000-04-18 Senate Journal Page 3239 HB 418 SENATE CS FOR CS FOR HOUSE BILL NO. 418(FIN) am S was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 418(FIN) am S An Act designating certain receipts as program receipts, appropriations of which are not made from the unrestricted general fund; relating to the establishment of an administrative cost charge for the states role in the community development quota program; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 418(FIN) am S Third Reading - Final Passage Effective Dates YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Green, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Wilken Nays: Donley, Halford, Ward and so, SENATE CS FOR CS FOR HOUSE BILL NO. 418(FIN) am S 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 clauses. Without objection, it was so ordered. Senator Donley gave notice of reconsideration. Second Reading of Senate Resolutions SJR 31 SENATE JOINT RESOLUTION NO. 31 Relating to subsistence activities of urban Alaska Natives under the Alaska National Interest Lands Conservation Act, was read the second time. 2000-04-18 Senate Journal Page 3240 SJR 31 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. 31 was read the third time. The question being: Shall SENATE JOINT RESOLUTION NO. 31 Relating to subsistence activities of urban Alaska Natives under the Alaska National Interest Lands Conservation Act, pass the Senate? The roll was taken with the following result: SJR 31 Third Reading - Final Passage YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Green, Halford, Kelly Pete, Kelly Tim, Leman, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Elton, Hoffman, Lincoln, Mackie and so, SENATE JOINT RESOLUTION NO. 31 passed the Senate and was referred to the Secretary for engrossment. Second Reading of House Resolutions HJR 60 HOUSE JOINT RESOLUTION NO. 60 Opposing the designation of millions of acres of Alaska as critical habitat for the Spectacled Eider and the Stellers Eider, was read the second time. Senator Halford, Chair, moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 3081. Without objection, SENATE CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) was adopted and read the second time. 2000-04-18 Senate Journal Page 3241 HJR 60 Senator Green offered Amendment No. 1 : Page 1, line 9, following on: Insert March 13 and Page 1, line 10, following for: Delete the Spectacled Eider Insert both species Page 2, line 3, following habitat for: Delete the Spectacled Eider Insert both species Page 2, line 4, following habitat: Insert on the Y-K Delta Senator Green moved for the adoption of Amendment No. 1. Senator Ellis objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. 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 CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) am S was read the third time. The question being: Shall SENATE CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) am S Opposing the designation of millions of acres of Alaska as critical habitat for the Spectacled Eider and the Stellers Eider, pass the Senate? The roll was taken with the following result: SCS HJR 60(RES) am S Third Reading - Final Passage YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Ellis, Elton 2000-04-18 Senate Journal Page 3242 HJR 60 and so, SENATE CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) am S passed the Senate. Senator Halford gave notice of reconsideration. Citations Honoring - John P. Immel Senator(s) Wilken, Miller, Elton, Adams, Taylor, Pearce, Pete Kelly, Mackie, Green, Tim Kelly, Hoffman, Leman, Lincoln, Parnell, Ward Honoring - Frank Hubbard Representative(s) Barnes Senator(s) Tim Kelly, Donley, Wilken, Elton, Adams, Taylor, Pearce, Pete Kelly, Mackie, Green, Hoffman, Leman, Lincoln, Parnell, Ward In Memoriam - Robert C. Kallenberg, Sr. Senator(s) Halford, Phillips, Donley, Wilken, Elton, Adams, Taylor, Pearce, Pete Kelly, Mackie, Green, Tim Kelly, Hoffman, Leman, Ellis, Lincoln, Parnell, Ward Representative(s) Dyson, Kohring In Memoriam - Vera M. Skin Representative(s) Joule Senator(s) Adams, Wilken, Elton, Taylor, Pearce, Pete Kelly, Mackie, Green, Tim Kelly, Hoffman, Leman, Lincoln, Parnell, Ward 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. Reconsideration of Senate Bills SB 290 Senator Taylor requested that the reconsideration on CS FOR SENATE BILL NO. 290(FIN) am be taken up. The bill was before the Senate on reconsideration. 2000-04-18 Senate Journal Page 3243 SB 290 Senator Taylor moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 5. Senator Ellis objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. Senator Taylor called the Senate. The call was satisfied. Senators Taylor, Halford offered Amendment No. 5 : Page 1, line 1, through page 3, last line: Delete all material and insert: ""An Act imposing limits on state funding for transportation of school students; requiring that a minimum amount expended by school districts for instruction does not include expenditures for school administration, assistant principals, or other assistants employed to generally supervise administrative operations of a school, and defining school administration; providing that, for purposes of public school funding, a community with an average daily membership of at least 101 but not more than 450 shall be counted as one elementary and one secondary school and, in a community with an average daily membership of greater than 450, each facility that is administered as a separate school shall be counted as one school, except for certain alternative schools; and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. AS14.09.010(b) is amended to read: (b) Except as otherwise provided in (d) of this section, a ¦Aá school district that enters into a contract described under (a)(1) of this section shall be reimbursed for (1) at least 90 percent of the cost of operating the student transportation system if the transportation is provided by the school district; and (2) 100 percent of the cost of operating the student transportation system when the transportation is provided under a contract with the school district. 2000-04-18 Senate Journal Page 3244 SB 290 * Sec. 2. AS14.09.010(d) is repealed and reenacted to read: (d) Transportation costs eligible for reimbursement under this section are subject to the following adjustments: (1) transportation costs may not exceed the amount received by the school district for student transportation reimbursement in state fiscal year 2001; (2) costs resulting from new school facilities, an increase in enrollment, or costs incurred to meet a requirement imposed by state or federal law are exempt from the limit imposed under (d) of this subsection; (3) the sum calculated under (1) of this subsection shall be increased for each state fiscal year following state fiscal year 2001 by the lesser of the following: (A) four percent; or (B) any increases in the Consumer Price Index for all urban consumers for the Anchorage metropolitan area compiled by the Bureau of Labor Statistics, United States Department of Labor; the index for January of 2001 is the reference base index; and (4) only 50 percent of those costs reimbursable under this section that are in excess of the sum calculated under (1) - (3) of this subsection shall be reimbursed to a school district. * Sec. 3. AS14.17.520(f) is amended to read: (f) In this section, (1) "instructional component" means ¦INCLUDESá expenditures for teachers and ¦FORá pupil support services, but does not include expenditures for school administration or for assistant principals or other assistants employed to generally supervise administrative operations of a school; (2) "school administration" means expenditures related to managing a school, including expenditures for supplies, materials, and travel. 2000-04-18 Senate Journal Page 3245 SB 290 * Sec. 4. AS14.17.905 is amended to read: Sec. 14.17.905. Facilities constituting a school. For purposes of this chapter, the determination of the number of schools in a district is subject to the following: (1) a community with an ADM of at least 10, but not more than 100, shall be counted as one school; (2) a community with an ADM of at least 101, but not more than 450 ¦750á, shall be counted as (A) one elementary school, which includes those students in grades kindergarten through six ¦6á; and (B) one secondary school, which includes students in grades seven ¦7á through 12; (3) in a community with an ADM of greater than 450 ¦750á, each facility that is administered as a separate school shall be counted as one school, except that each alternative school with an ADM of less than 200 shall be counted as a part of the school in the district with the highest ADM. * Sec. 5. Sections 3 and 4 of this Act take effect July 1, 2000. * Sec. 6. Sections 1 and 2 of this Act take effect July 1, 2001." Senator Taylor moved for the adoption of Amendment No. 5. Objections were heard. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: CSSB 290(FIN) am Second Reading Amendment No. 5 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Green, Halford, Kelly Pete, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Taylor, Ward, Wilken Nays: Adams, Donley, Ellis, Elton, Hoffman, Kelly Tim, Phillips, Torgerson and so, Amendment No. 5 was adopted. 2000-04-18 Senate Journal Page 3246 SB 290 The question to be reconsidered: Shall CS FOR SENATE BILL NO. 290(FIN) am An Act imposing limits on state funding for transportation of school students; requiring that a minimum amount expended by school districts for instruction does not include expenditures for school administration, assistant principals, or other assistants employed to generally supervise administrative operations of a school, and defining school administration; providing that, for purposes of public school funding, a community with an average daily membership of at least 101 but not more than 450 shall be counted as one elementary and one secondary school and, in a community with an average daily membership of greater than 450, each facility that is administered as a separate school shall be counted as one school, except for certain alternative schools; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 290(FIN) am Third Reading - On Reconsideration YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly Pete, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Taylor, Ward Nays: Adams, Ellis, Elton, Hoffman, Kelly Tim, Phillips, Torgerson, Wilken and so, CS FOR SENATE BILL NO. 290(FIN) am passed the Senate on reconsideration. Senator Mackie moved the effective date clauses. 2000-04-18 Senate Journal Page 3247 SB 290 The question being: Shall the effective date clauses be adopted? The roll was taken with the following result: CSSB 290(FIN) am Effective Date Clauses 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, the effective date clauses were adopted and the bill was referred to the Secretary for engrossment. 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 1:28 p.m. After Recess The Senate reconvened at 6:35 p.m. Senator Mackie moved and asked unanimous consent that the Senate return to Messages from the Governor. Without objection, the Senate returned to: Messages from the Governor SB 269 Message dated and received April 18 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 2000-04-18 Senate Journal Page 3248 SB 269 HOUSE CS FOR CS FOR SENATE BILL NO. 269(FIN) 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. Chapter 15, SLA 2000 Effective Date: 04/19/00 In signing HCS CSSB 269(FIN), I note the Administration interprets this bill only as a change in its reporting requirements to the Legislature regarding collective bargaining agreements. It does not grant the Legislature the authority to approve or disapprove terms for which no appropriation is necessary. Sincerely, /s/ Tony Knowles Governor Messages from the House SB 85 Message dated April 18 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 85(RLS)An Act relating to credited service in the public employees retirement system for temporary employment; and creating a public service benefit in the public employees retirement system. The bill was referred to the Secretary for enrollment. 2000-04-18 Senate Journal Page 3249 SB 288 Message dated April 18 was read, stating the House passed and returned: SENATE BILL NO. 288 An Act authorizing the Department of Transportation and Public Facilities to enter into an agreement with the Inter-Island Ferry Authority regarding the operation of the Clarke Bay Terminal, Prince of Wales Island. The bill was referred to the Secretary for enrollment. HB 225 Message dated April 18 was read, stating the Speaker has granted limited powers of free conference to the Conference Committee Considering: CS FOR HOUSE BILL NO. 225(JUD) An Act relating to election campaigns and legislative ethics; and providing for an effective date. and SENATE CS FOR CS FOR HOUSE BILL NO. 225(JUD) am S on the following specific points: Sections 3, 6, 9, 11, 13 and 20 of SENATE CS FOR CS FOR HOUSE BILL NO. 225(JUD) am S Message dated April 18 was read, stating the House passed and transmitted for consideration: 2000-04-18 Senate Journal Page 3250 First Reading and Reference of House Bills HB 291 CS FOR HOUSE BILL NO. 291(STA) BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: An Act relating to the giving of certain state agency notices. was read the first time and referred to the Labor and Commerce Committee. SB 103 Message dated April 18 was read, stating the House passed and returned for consideration SENATE BILL NO. 103 am with the following amendment: HOUSE CS FOR SENATE BILL NO. 103(HES) An Act relating to a curriculum for Native language education; and providing for an effective date. Senator Mackie moved that the Senate concur in the House amendment. The question being: Shall the Senate concur in the House amendment? The roll was taken with the following result: HCS SB 103(HES) Shall the Senate concur in the House amendment to SB 103 am? YEAS: 17 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Ellis, Elton, Halford, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Green Absent: Hoffman, Kelly Pete 2000-04-18 Senate Journal Page 3251 SB 103 and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR SENATE BILL NO. 103(HES) An Act relating to a curriculum for Native language education; and providing for an effective date. 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. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 222 Message dated April 18 was read, stating the House passed and returned for consideration SENATE BILL NO. 222 with the following amendment: HOUSE CS FOR SENATE BILL NO. 222(L&C) An Act relating to standard industrial classification for, eligibility for benefits under, and the definition of benefit year for the Alaska Employment Security Act; and providing for an effective date. Standing Committee Reports SB 308 The Resources Committee considered SENATE BILL NO. 308 An Act relating to certain passenger vessels operating in the marine waters of the state. Signing do pass: Senator Halford, Chair. Signing no recommendation: Senators Taylor, Green, Lincoln. Fiscal note published today from Department of Environmental Conservation. Zero fiscal note published today from Department of Transportation and Public Facilities. The bill was referred to the Finance Committee. 2000-04-18 Senate Journal Page 3252 HB 121 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 121(L&C) am An Act relating to patients rights under a health care insurance plan or contract providing coverage for dental care, and prohibiting certain practices by health care insurers relating to dental care. Signing do pass: Senator Mackie, Chair, Senators Leman, Hoffman. Signing do pass: Senator Tim Kelly. Previous House zero fiscal notes. The bill was referred to the Rules Committee. HB 270 The Health, Education and Social Services Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 270(HES) An Act relating to payment for certain examinations in cases of sexual assault. Signing do pass: Senator Miller, Chair, Senators Wilken, Elton, Pearce. Signing no recommendation: Senator Pete Kelly. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 277 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 277(FIN) An Act relating to payment of retirement benefits for certain subsequently reemployed retired members of the teachers retirement system; and providing for an effective date. Signing do pass: Senator Miller, Chair, Senators Pearce, Elton. Signing no recommendation: Senators Wilken, Pete Kelly. Previous House indeterminate fiscal note. The bill was referred to the Finance Committee. 2000-04-18 Senate Journal Page 3253 HB 346 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 346(HES) An Act requiring the Department of Health and Social Services to establish a waiting list for state-funded services for persons with developmental disabilities and requiring the department to submit an annual report concerning the waiting list and persons with developmental disabilities. Signing do pass: Senator Miller, Chair, Senators Wilken, Elton, Pete Kelly, Pearce. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 432 The Resources Committee considered CS FOR HOUSE BILL NO. 432(FIN) An Act extending the termination date of the Board of Storage Tank Assistance; expanding the authority of the board to issue recommendations concerning cleanup decisions; relating to the eligibility of certain nonprofit entities for financial assistance under the tank cleanup grant program and the tank upgrading and closure program; and providing for an effective date. Signing no recommendation: Senator Halford, Chair, Senators Green, Lincoln. Signing do pass: Senator Taylor. Previous House fiscal note. The bill was referred to the Finance Committee. Introduction and Reference of Senate Bills SB 312 SENATE BILL NO. 312 BY THE SENATE FINANCE COMMITTEE, entitled: 2000-04-18 Senate Journal Page 3254 SB 312 An Act relating to the bond redemption subaccount in the earnings reserve account of the permanent fund; and providing for an effective date. was read the first time and referred to the Finance Committee. SB 313 SENATE BILL NO. 313 BY THE SENATE FINANCE COMMITTEE, entitled: An Act making a special appropriation to the bond redemption subaccount from the constitutional budget reserve fund under art. IX, sec 17(c), Constitution of the State of Alaska; and providing for an effective date. was read the first time and referred to the Finance Committee. Unfinished Business SB 308 Senator Torgerson, Cochair, moved and asked unanimous consent that the twenty-four hour notice and publication requirements be waived on SENATE BILL NO. 308 An Act relating to certain passenger vessels operating in the marine waters of the state for the Finance Committee meeting on April 19. Without objection, it was so ordered. SB 312 Senator Torgerson, Cochair, moved and asked unanimous consent that the twenty-four hour notice and publication requirements be waived on SENATE BILL NO. 312 An Act relating to the bond redemption subaccount in the earnings reserve account of the permanent fund; and providing for an effective date for the Finance Committee meeting on April 18. Without objection, it was so ordered. 2000-04-18 Senate Journal Page 3255 SB 313 Senator Torgerson, Cochair, moved and asked unanimous consent that the twenty-four hour notice and publication requirements be waived on SENATE BILL NO. 313 An Act making a special appropriation to the bond redemption subaccount from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date for the Finance Committee meeting on April 18. Without objection, it was so ordered. HB 204 The reconsideration on CS FOR HOUSE BILL NO. 204(RES) An Act relating to elk farming was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. Announcements Announcements are at the end of the journal. Engrossment SB 290 CS FOR SENATE BILL NO. 290(FIN) am An Act imposing limits on state funding for transportation of school students; requiring that a minimum amount expended by school districts for instruction does not include expenditures for school administration, assistant principals, or other assistants employed to generally supervise administrative operations of a school, and defining school administration; providing that, for purposes of public school funding; a community with an average daily membership of at least 101 but not more than 450 shall be counted as one elementary and one secondary school and, in a community with an average daily membership of greater than 450, each facility that is administered as a separate school shall be counted as one school, except for certain alternative schools; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2000-04-18 Senate Journal Page 3256 HB 67 SENATE CS FOR CS FOR HOUSE BILL NO. 67(JUD) An Act relating to release of certain persons alleged to have committed certain sexual offenses was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 105 SENATE CS FOR CS FOR HOUSE BILL NO. 105(L&C) An Act providing for the licensing of speech-language pathologists; relating to fees paid by audiologists and speech-language pathologists; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 239 SENATE CS FOR CS FOR HOUSE BILL NO. 239(FIN) 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 engrossed, signed by the President and Secretary and returned to the House for consideration. SJR 31 SENATE JOINT RESOLUTION NO. 31 Relating to subsistence activities of urban Alaska Natives under the Alaska National Interest Lands Conservation Act, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SJR 40 CS FOR SENATE JOINT RESOLUTION NO. 40(RLS) am Proposing amendments to the Constitution of the State of Alaska providing that the governor and lieutenant governor be elected by a majority vote; and changing the term of office of the governor and lieutenant governor, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 2000-04-18 Senate Journal Page 3257 Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 19, 2000. Without objection, the Senate adjourned at 6:46 p.m. Heidi Vogel Secretary of the Senate April 2000 2000-04-18 Senate Journal Page 3258 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 FINANCE SENATE FINANCE 532 Apr 18 Tuesday 9:00 AM + HB 331AK NATL GUARD/NAVAL MILITIA/DEFENSE FORCE + HB 337CLAIMS AGAINST PERM FUND DIVIDENDS + HB 37SMOKING CESSATION AND EDUCATION PROGRAMS + HCR 22LB&A STUDY OF FISCAL & REVENUE POLICIES Bills Previously Heard/Scheduled Apr 18 Tuesday 6:00 PM = HCR 22LB&A STUDY OF FISCAL & REVENUE POLICIES = SB 310BONDS: UA, SCHOOLS, PORTS, HARBORS = SB 311BONDS: PORTS & HARBORS = HB 446PCE FUND/ SALE OF 4 DAM POOL/ENERGY FUND = HB 447PCE APPROPRIATION HB 58OIL & GAS AUDITS HB 116BOARD OF AGRICULTURE AND CONSERVATION HB 339CFAB LOANS FOR TOURISM & NAT RESOURCES HB 317STATE EMPLOYEE HIRE AND PROMOTION SB 312PERMANENT FUND BOND REDEMPTION SUBACCOUNT Uniform Rule 23 Waived SB 313APPROPRIATION: BOND REDEMPTION SUBACCOUNT Uniform Rule 23 Waived Bills Previously Heard/Scheduled 2000-04-18 Senate Journal Page 3259 FINANCE Apr 19 Wednesday 9:00 AM + SB 308MARINE PASSENGER VESSELS Uniform Rule 23 Waived + HB 133VOTER APPROVAL OF SERVICE AREA CHANGES + HB 211HEALTH CARE INSURANCE + HB 304CLEAN WATER FUND/DRINKING WATER FUND Bills Previously Heard/Scheduled Apr 19 Wednesday 6:00 PM + HB 108USE, REGULATION, AND OPERATION OF BOATS <Pending Referral> + HB 432BOARD OF STORAGE TANK ASSISTANCE <Pending Referral> + HB 277RETIREMENT BENEFITS FOR REHIRED TEACHERS + HB 346SERVICES FOR DISABLED PERSONS <Pending Referral> + HB 292DISCLOSURE OF CRIMINAL HISTORY RECORDS <Pending Referral> + HB 366CRIME VICTIMS RIGHTS & DOMESTIC VIOLENCE <Pending Referral> + HB 368RELEASE OF CRIMINAL DEFENDANT <Pending Referral> Bills Previously Heard/Scheduled ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH 205 Apr 18 Tuesday 1:30 PM + HB 270PAYMENT OF SEXUAL ABUSE EXAMINATIONS += HB 253SCHOOL DISCIPLINARY AND SAFETY PROGRAM += HB 277RETIREMENT BENEFITS FOR REHIRED TEACHERS += HB 346SERVICES FOR DISABLED PERSONS Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY BELTZ 211 Apr 18 Tuesday 2:00 PM FAHRENKAMP 203 -- Time and Location Change -- += SB 199DISCLOSURE OF CRIMINAL HISTORY RECORDS += HB 292DISCLOSURE OF CRIMINAL HISTORY RECORDS -Following Bills Rescheduled from 4/17 -- += HB 296UNIFORM PARTNERSHIP ACT += HB 369PROPERTY EXEMPTIONS Bills Previously Heard/Scheduled 2000-04-18 Senate Journal Page 3260 JUDICIARY Apr 19 Wednesday 1:30 PM Confirmation Hearings: Board of Governors Alaska Bar Committee on Judicial Conduct Alaska Judicial Council + HB 134SKI VIOLATIONS BAIL SCHEDULE <Removed from Agenda> + HB 233MUNICIPAL BANKRUPTCY <Removed from Agenda> + HB 372COMMUNITY BASED SENTENCING + HB 392CONTINUANCES OF CINA HEARINGS + HB 294DNA TESTING & REGISTRATION + HB 366CRIME VICTIMS RIGHTS & DOMESTIC VIOLENCE + HB 368RELEASE OF CRIMINAL DEFENDANT + HB 310ALASKA INSURANCE GUARANTY ASSOCIATION + HB 419WORKERS COMPENSATION ---------------------------------------- LABOR & COMMERCE BELTZ 211 Apr 18 Tuesday 1:30 PM HB 121DENTAL CARE INSURANCE HB 303MISC. INSURANCE PROVISIONS = HB 422WORKERS COMPENSATION:DRUGS & ALCOHOL ---------------------------------------- RESOURCES BUTROVICH 205 Apr 18 Tuesday 3:00 PM += HB 414OIL & GAS CONSERVATION COMMISSION += HB 206FISH AND GAME LICENSES & TAGS += HB 349FISH AND GAME/REFUGES/HABITAT & USE AREAS Bills Previously Heard/Scheduled Apr 19 Wednesday 3:00 PM HB 238TAX OBLIGATION LOAN PROGRAM FOR FISHERS Bills Previously Heard/Scheduled Apr 21 Friday 3:00 PM Bills Previously Heard/Scheduled ---------------------------------------- 2000-04-18 Senate Journal Page 3261 RULES FAHRENKAMP 203 Apr 18 Tuesday 11:45 AM HB 236CREDITED PART-TIME SERVICE TRS HB 239UCC SECURED TRANSACTIONS HB 259PUBLIC DEFENDER CHILDRENS PROCEEDINGS HB 337CLAIMS AGAINST PERM FUND DIVIDENDS SJR 31SUBSISTENCE FOR URBAN AK NATIVES HB 98PUB.ASSISTANCE:PROGRAMS/GRANTS/CONTRACTS HB 105LICENSING SPEECH PATHOLOGY/AUDIOLOGY HB 159PERS PEACE OFFR STATUS CORRECTION EMPLOYE HB 378WORKERS COMP AND WORKER SAFETY HB 418PROGRAM RECEIPTS/ADMIN COST CHARGE Apr 18 Tuesday 4:30 PM = SB 256PHYSICIAN NEGOTIATIONS WITH HEALTH INSURE HB 191CHARTER SCHOOLS = HB 272MUNICIPAL TAX: LOW INCOME HOUSING HB 331AK NATL GUARD/NAVAL MILITIA/DEFENSE FORCE ---------------------------------------- STATE AFFAIRS BELTZ 211 Apr 19 Wednesday 3:30 PM Confirmation Hearing: Lisa Fitzpatrick State Commission for Human Rights + HB 324PERSONAL INFO IN MOTOR VEH. RECORDS + HB 335STATE RETIREMENT SYSTEMS AND BENEFITS Bills Previously Heard/Scheduled Apr 20 Thursday 3:30 PM Bills Previously Heard/Scheduled ---------------------------------------- TRANSPORTATION BUTROVICH 205 Apr 19 Wednesday 1:30 PM -- Location to be Announced -- = HB 205SNOWMACHINES CROSSING DALTON HIGHWAY HB 320APPROVE AK RAILROAD GETTING WHITTIER DOCK Bills Previously Heard/Scheduled Apr 20 Thursday 1:30 PM = HB 205SNOWMACHINES CROSSING DALTON HIGHWAY = HB 320APPROVE AK RAILROAD GETTING WHITTIER DOCK Bills Previously Heard/Scheduled 2000-04-18 Senate Journal Page 3262 JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 225 FAHRENKAMP 203 Apr 18 Tuesday 4:30 PM = HB 225CAMPAIGN FINANCE AND LEGISLATIVE ETHICS ---------------------------------------- CONFERENCE COMMITTEE ON HB 312 & HB 313 SENATE FINANCE 532 Apr 18 Tuesday 4:00 PM -- Meeting Canceled -- = HB 312APPROPRIATIONS: OPERATING BUDGET = HB 313APPROPRIATIONS: MENTAL HEALTH Apr 19 Wednesday 4:00 PM = HB 312APPROPRIATIONS: OPERATING BUDGET = HB 313APPROPRIATIONS: MENTAL HEALTH Apr 20 Thursday 4:00 PM = HB 312APPROPRIATIONS: OPERATING BUDGET = HB 313APPROPRIATIONS: MENTAL HEALTH Apr 21 Friday 4:00 PM = HB 312APPROPRIATIONS: OPERATING BUDGET = HB 313APPROPRIATIONS: MENTAL HEALTH ---------------------------------------- LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 Apr 19 Wednesday 12:00 PM