Legislature(1999 - 2000)
2000-04-19 Senate Journal
Full Journal pdf2000-04-19 Senate Journal Page 3263 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska One Hundred First Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:32 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, the men and women of this body have huge decisions to make that will affect the lives of people they will never even meet. Grant these Senators the ability to discern truth, the courage to say yes to that which is right and no to that which is wrong, the vision to see how far their actions here will reach, and the wisdom to weigh issues carefully where there is no right or wrong answer. May Alaska be better for their work instead of in spite of it. We pray for those people we name in our hearts now. Amen. Senator Pete Kelly led the Senate in the Pledge of Allegiance. 3263 2000-04-19 Senate Journal Page 3264 Messages from the House Message dated April 19 was read, stating: The House of Representatives respectfully invites the Senate to a Joint Session of the Twenty-first Alaska Legislature at 10:00 a.m. on Friday, April 21, to take up the matter of the Governors vetoed bills and the confirmation of the Governors appointees. Senator Mackie moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session to consider the Governors vetoed bills. Without objection, it was so ordered. The Secretary was requested to notify the House. SB 222 Message dated April 18 was read, stating the House passed and returned SENATE BILL NO. 222 for consideration 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. 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: 2000-04-19 Senate Journal Page 3265 SB 222 HCS SB 222(L&C) Shall the Senate concur in the House amendment to SB 222? Effective Dates 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 Senate concurred in the House amendment, thus adopting HOUSE CS FOR SENATE BILL NO. 222(L&C). 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. Standing Committee Reports SB 310 The Finance Committee considered SENATE BILL NO. 310 An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of school, University of Alaska, and port and harbor capital projects; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 310(FIN) An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of school and University of Alaska capital projects; and providing for an effective date. 2000-04-19 Senate Journal Page 3266 SB 310 Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Wilken, Pete Kelly. Signing no recommendation: Senators Green, Adams, Leman, Donley. Signing do not pass: Senator Phillips. Fiscal note published today from Department of Revenue. The bill was referred to the Rules Committee. SB 311 The Finance Committee considered SENATE BILL NO. 311 An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of port and harbor capital projects; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 311(FIN) An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of transportation capital projects; and providing for an effective date. Signing do pass: Senator Torgerson, Cochair, Senators Wilken, Pete Kelly, Donley. Signing no recommendation: Senator Parnell, Cochair, Senators Green, Adams, Leman. Signing do not pass: Senator Phillips. Fiscal note published today from Department of Revenue. The bill was referred to the Rules Committee. SB 312 The Finance Committee considered 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. Signing do pass: Senators Parnell, Torgerson, Cochairs, Senators Wilken, Pete Kelly. Signing no recommendation: Senators Green, Leman, Donley. Signing do not pass: Senators Phillips, Adams. 2000-04-19 Senate Journal Page 3267 SB 312 The bill was referred to the Rules Committee. SB 313 The Finance Committee considered 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. Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Wilken, Pete Kelly. Signing no recommendation: Senators Green, Adams, Donley. Signing do not pass: Senators Phillips, Leman. The bill was referred to the Rules Committee. HB 108 The Resources Committee considered CS FOR HOUSE BILL NO. 108(FIN) am An Act relating to the use, operation, and regulation of boats; establishing a uniform state waterway marking system; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 108(RES) Signing no recommendation: Senator Halford, Chair, Senators Green, Pete Kelly, Lincoln. Signing do pass: Senator Mackie. Zero fiscal note published today from Department of Public Safety. The bill was referred to the Finance Committee. HB 116 The Finance Committee considered CS FOR HOUSE BILL NO. 116(FIN) 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, and recommended the adoption of the Resources Committee Substitute offered on page 3180. Signing do pass: Senator Torgerson, Cochair, Senators Green, Pete Kelly, Leman, Wilken, Donley. Signing no recommendation: Senators Phillips, Adams. 2000-04-19 Senate Journal Page 3268 HB 116 Previous fiscal note. The bill was referred to the Rules Committee. HB 133 The Finance 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 the adoption of the Community and Regional Affairs Committee Substitute offered on page 3220. Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Phillips, Pete Kelly, Donley, Wilken. Signing no recommendation: Senators Green, Adams, Leman. Previous zero fiscal note. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 206 The Resources Committee considered CS FOR HOUSE BILL NO. 206(FIN) am An Act relating to migratory game bird hunting, to a nonresident combined sport fishing and hunting license, to the nonresident military small game and sport fishing license, to applications for certain licenses, tags, registrations, and permits issued by the Department of Fish and Game, to sport fishing license and anadromous king salmon tag fees for residents of Yukon Territory, Canada, and to duplicate crewmember licenses; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 206(RES) Signing do pass: Senator Halford, Chair, Senators Taylor, Pete Kelly, Green. Signing no recommendation: Senator Lincoln. Previous House fiscal note and zero fiscal notes. The bill was referred to the Finance Committee. 2000-04-19 Senate Journal Page 3269 HB 211 The Finance Committee considered CS FOR HOUSE BILL NO. 211(FIN) am An Act relating to regulation of managed care insurance plans; amending Rule 602, Alaska Rules of Appellate Procedure; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 211(FIN) Signing do pass: Senator Torgerson, Cochair, Senators Wilken, Donley. Signing no recommendation: Senators Phillips, Green, Pete Kelly, Adams, Leman. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 304 The Finance 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(FIN) Signing do pass: Senator Torgerson, Cochair, Senators Pete Kelly, Leman. Signing no recommendation: Senators Phillips, Adams, Wilken. Signing amend: Senator Green. 2000-04-19 Senate Journal Page 3270 HB 304 Previous fiscal note. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 317 The Finance Committee considered CS FOR HOUSE BILL NO. 317(STA) An Act relating to recruitment, selection, appointment, promotion, and nonretention of state employees and to the duties of the Department of Administration concerning those and other related functions; and providing for an effective date. Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Pete Kelly, Leman, Wilken. Signing no recommendation: Senators Phillips, Green, Adams. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 339 The Finance Committee considered CS FOR HOUSE BILL NO. 339(FIN) An Act authorizing the Alaska Commercial Fishing and Agriculture Bank to make loans relating to tourism and development or exploitation of natural resources. Signing do pass: Senator Torgerson, Cochair, Senators Phillips, Pete Kelly, Leman. Signing no recommendation: Senators Green, Adams, Donley, Wilken. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 414 The Resources Committee considered CS FOR HOUSE BILL NO. 414(O&G) An Act relating to the appointment and qualifications of the members of the Alaska Oil and Gas Conservation Commission; and providing for an effective date. Signing no recommendation: Senator Halford, Chair, Senators Taylor, Green, Pete Kelly, Lincoln. 2000-04-19 Senate Journal Page 3271 HB 414 Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 446 The Finance Committee considered CS FOR HOUSE BILL NO. 446(FIN) am An Act establishing and relating to the power cost equalization endowment fund; relating to the power cost equalization and rural electric capitalization fund; relating to the Railbelt energy fund; authorizing and relating to the sale of the four dam pool hydroelectric project; establishing and relating to joint action agencies created to purchase power projects; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 446(FIN) Signing do pass: Senator Torgerson, Cochair, Senators Adams, Pete Kelly. Signing no recommendation: Senator Parnell, Cochair, Senator Wilken. Signing do not pass: Senators Phillips, Green, Donley. Signing amend: Senator Leman. Previous House fiscal notes. The bill was referred to the Rules Committee. HB 447 The Finance Committee considered CS FOR HOUSE BILL NO. 447(FIN) am An Act making appropriations relating to power cost equalization and the sale of the four dam pool hydroelectric project and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. Signing no recommendation: Senators Parnell, Torgerson, Cochairs, Senators Pete Kelly, Wilken. Signing do pass: Senator Adams. Signing do not pass: Senators Phillips, Green, Leman, Donley. The bill was referred to the Rules Committee. 2000-04-19 Senate Journal Page 3272 HCR 22 The Finance Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 22(FIN) Directing the Legislative Budget and Audit Committee to study fiscal and other public policy issues relating to state revenue. Signing do pass: Senator Torgerson, Cochair, Senator Wilken. Signing no recommendation: Senators Green, Adams, Leman, Donley. Signing do not pass: Senators Phillips, Pete Kelly. Previous House zero fiscal note. The bill was referred to the Rules Committee. SB 256 The Rules Committee considered SENATE BILL NO. 256 An Act relating to regulation of managed health care and allowing physicians to collectively negotiate with a health care insurer that has substantial market power and recommended it be replaced with CS FOR SENATE BILL NO. 256(RLS) An Act relating to allowing physicians to collectively negotiate with a health benefit plan that has substantial market power. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. Previous fiscal notes. The bill is on todays calendar. HB 3 The Rules Committee considered CS FOR HOUSE BILL NO. 3(JUD) An Act relating to controlled substances and to the possession of certain chemicals. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. The bill is on todays calendar. 2000-04-19 Senate Journal Page 3273 HB 25 The Rules Committee considered HOUSE BILL NO. 25 An Act relating to a municipal river habitat protection tax credit. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller, Ellis. The bill is on todays calendar. HB 272 The Rules Committee considered HOUSE BILL NO. 272 An Act relating to the tax assessment by a home rule or general law municipality of housing that qualifies for the low-income housing credit under the Internal Revenue Code; and providing for an effective date and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 272(RLS) Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller, Ellis. Previous House zero fiscal note. The bill is on todays calendar. HB 331 The Rules 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 and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 331(RLS) Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. 2000-04-19 Senate Journal Page 3274 HB 331 Previous House zero fiscal note. The bill is on todays calendar. HB 337 The Rules 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. The bill is on todays calendar. HB 380 The Rules Committee considered CS FOR HOUSE BILL NO. 380(L&C) 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce, Ellis. The bill is on todays calendar. HB 420 The Rules Committee considered CS FOR HOUSE BILL NO. 420(FIN)(efd pfld) An Act relating to tourism marketing contracts; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Pearce, Leman, Miller, Ellis. The bill is on todays calendar. 2000-04-19 Senate Journal Page 3275 HJR 56 The Rules Committee considered HOUSE JOINT RESOLUTION NO. 56 Proposing an amendment to the Constitution of the State of Alaska prohibiting certain initiatives relating to wildlife. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing do not pass: Senator Ellis. The resolution is on todays calendar. Consideration of the Calendar Second Reading of Senate Bills SB 256 SENATE BILL NO. 256 An Act relating to regulation of managed health care and allowing physicians to collectively negotiate with a health care insurer that has substantial market power was read the second time. Senator Tim Kelly, Chair, moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 3272. Without objection, CS FOR SENATE BILL NO. 256(RLS) An Act relating to allowing physicians to collectively negotiate with a health benefit plan that has substantial market power 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. 256(RLS) was read the third time. Senators Phillips, Green moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senators Phillips, Green were required to vote. 2000-04-19 Senate Journal Page 3276 SB 256 The question being: Shall CS FOR SENATE BILL NO. 256(RLS) An Act relating to allowing physicians to collectively negotiate with a health benefit plan that has substantial market power pass the Senate? The roll was taken with the following result: CSSB 256(RLS) Third Reading - Final Passage YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Green, Halford, Kelly Pete, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Donley, Ellis, Elton, Hoffman, Kelly Tim, Lincoln and so, CS FOR SENATE BILL NO. 256(RLS) passed the Senate. Senator Ellis gave notice of reconsideration. Second Reading of House Bills HB 3 CS FOR HOUSE BILL NO. 3(JUD) An Act relating to controlled substances and to the possession of certain chemicals 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 3055. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 3(FIN) was adopted and read the second time. Senators Halford, Ellis, Taylor, Miller, Wilken, Parnell, Pearce, Elton, Ward, Pete Kelly, Lincoln, Mackie moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. 2000-04-19 Senate Journal Page 3277 HB 3 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. 3(FIN) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 3(FIN) An Act relating to controlled substances and to the possession of certain chemicals; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 3(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, SENATE CS FOR CS FOR HOUSE BILL NO. 3(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. HB 25 HOUSE BILL NO. 25 An Act relating to a municipal river habitat protection tax credit 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. 2000-04-19 Senate Journal Page 3278 HB 25 HOUSE BILL NO. 25 was read the third time. Senator Mackie moved and asked unanimous consent that President Pearce be shown as a cross sponsor on the bill. Without objection, it was so ordered. Senators Ellis, Elton, Parnell, Tim Kelly, Mackie 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 HOUSE BILL NO. 25 An Act relating to a municipal river habitat protection tax credit pass the Senate? The roll was taken with the following result: HB 25 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, HOUSE BILL NO. 25 passed the Senate, was signed by the President and Secretary and returned to the House. HB 272 HOUSE BILL NO. 272 An Act relating to the tax assessment by a home rule or general law municipality of housing that qualifies for the low-income housing credit under the Internal Revenue Code; and providing for an effective date was read the second time. Senator Tim Kelly, Chair moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 3274. Senator Donley objected. Senator Mackie called the Senate. The call was satisfied. The question being: Shall the Rules Senate Committee Substitute be adopted? The roll was taken with the following result: 2000-04-19 Senate Journal Page 3279 HB 272 HB 272 Second Reading Adopt Rules Committee Substitute? YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Ward, Wilken Nays: Donley, Green, Halford, Phillips, Taylor, Torgerson and so, SENATE CS FOR HOUSE BILL NO. 272(RLS) 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 Donley objected. Senator Mackie moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. SENATE CS FOR HOUSE BILL NO. 272(RLS) will appear on the April 20 calendar. HB 331 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 was read the second time. Senator Tim Kelly, Chair, moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 3274. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 331(RLS) 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. 2000-04-19 Senate Journal Page 3280 HB 331 SENATE CS FOR CS FOR HOUSE BILL NO. 331(RLS) was read the third time. Senator Pete Kelly moved that the bill be returned to second reading for the purpose of an amendment. Senator Mackie objected. President Pearce ruled the motion out of order as no specific amendment was before the Senate. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 331(RLS) 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 pass the Senate? The roll was taken with the following result: SCS CSHB 331(RLS) 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, SENATE CS FOR CS FOR HOUSE BILL NO. 331(RLS) 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. 2000-04-19 Senate Journal Page 3281 HB 337 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 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 3223. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 337(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. 337(FIN) was read the third time. Senator Parnell moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Parnell was required to vote. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 337(FIN) 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 pass the Senate? The roll was taken with the following result: 2000-04-19 Senate Journal Page 3282 HB 337 SCS CSHB 337(FIN) Third Reading - Final Passage Effective Dates YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Hoffman, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Green, Halford, Kelly Pete, Taylor and so, SENATE CS FOR CS FOR HOUSE BILL NO. 337(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 Donley gave notice of reconsideration. HB 380 CS FOR HOUSE BILL NO. 380(L&C) 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 second time. Senator Torgerson, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3057. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 380(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. 380(FIN) was read the third time. 2000-04-19 Senate Journal Page 3283 HB 380 The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 380(FIN) 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 pass the Senate? The roll was taken with the following result: SCS CSHB 380(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, SENATE CS FOR CS FOR HOUSE BILL NO. 380(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. Senator Taylor gave notice of reconsideration. HB 420 CS FOR HOUSE BILL NO. 420(FIN)(efd pfld) An Act relating to tourism marketing contracts; 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 3028. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 420(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. 2000-04-19 Senate Journal Page 3284 HB 420 SENATE CS FOR CS FOR HOUSE BILL NO. 420(L&C) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 420(L&C) An Act relating to tourism marketing contracts; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 420(L&C) Third Reading - Final Passage Effective Dates 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. 420(L&C) passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. House Bills in Second Reading HB 378 SENATE CS FOR CS FOR HOUSE BILL NO. 378(FIN) 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 which had been held in second reading (page 3238) was before the Senate. 2000-04-19 Senate Journal Page 3285 HB 378 Senator Leman offered Amendment No. 1 : Page 3, line 12: Delete and interpret Senator Leman moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Green offered Amendment No. 2 : Page 1, line 2, following "of": Insert "the" Page 1, lines 2 and 3: Delete "and workers safety program" Insert "program" Page 1, line 12: Delete "safety and" Page 1, line 13: Delete "programs" Insert "program" Delete "Each" Insert "Except as provided under (g) of this section, each" Page 2, line 2: Delete "workers safety programs under AS18.60 and" Page 2, line 8: Delete "2.9" Insert "2.0" Page 2, line 13: Delete "1.82" Insert "1.27" Page 3, line 2: Delete "safety and" Page 3, line 7: Delete "workers safety programs contained in AS18.60 and of the" 2000-04-19 Senate Journal Page 3286 HB 378 Page 3, lines 14 - 17: Delete all material and insert: "(g) This section does not apply to a municipality, a regional educational attendance area, a municipal school district, a joint insurance arrangement formed under AS21.76, or a political subdivision of the state." Page 5, line 2: Delete "safety and" Page 5, line 11: Delete "3.6" Insert "3.0" Page 5, line 12: Delete "3.4" Insert "2.9" Page 5, line 13: Delete "3.2" Insert "2.7" Page 5, lines 15 - 17: Delete ", a political subdivision of the state, a joint insurance arrangement authorized under AS21.76," Page 6, line 2: Delete "2.31" Insert "1.74" Page 6, line 3: Delete "safety and" Delete ".39" Insert ".96" Page 6, line 5: Delete "2.17" Insert "1.64" Page 6, line 6: Delete "safety and" Delete ".53" Insert "1.06" 2000-04-19 Senate Journal Page 3287 HB 378 Page 6, line 8: Delete "2.03" Insert "1.53" Page 6, line 9: Delete "safety and" Delete ".67" Insert "1.17" Senator Green moved for the adoption of Amendment No. 2. Objections were heard. President Pearce ruled the motion out of order. President Pearce Pearce lifted the call. Senator Mackie moved and asked unanimous consent that the bill be placed at the bottom of todays calendar. Without objection, it was so ordered. President Pearce called the Senate. The call was satisfied. Third Reading of House Bills HB 288 SENATE CS FOR CS FOR HOUSE BILL NO. 288(FIN) 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 third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 288(FIN) 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 pass the Senate? The roll was taken with the following result: 2000-04-19 Senate Journal Page 3288 HB 288 SCS CSHB 288(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, SENATE CS FOR CS FOR HOUSE BILL NO. 288(FIN) passed the Senate and was referred to the Secretary for engrossment. Second Reading of House Resolutions HJR 56 HOUSE JOINT RESOLUTION NO. 56 Proposing an amendment to the Constitution of the State of Alaska prohibiting certain initiatives relating to wildlife, was read the second time. Senator Phillips offered Amendment No. 1 : Page 1, line 1: Delete "prohibiting" Insert "regarding" Page 1, lines 4 - 11: Delete all material and insert: "* Section 1. Article XI, sec. 6, Constitution of the State of Alaska, is amended to read: Section 6. Enactment. If a majority of the votes cast on the proposition favor its adoption, the initiated measure is enacted, except that an initiated measure not otherwise prohibited by Section 7 of this article that relates to the taking or transportation of wildlife or to seasons or methods for the taking of wildlife is enacted only if at least two-thirds of the votes cast on the proposition favor its adoption. If a majority of the votes cast on the proposition favor the rejection of an act referred, it is rejected. The lieutenant governor shall certify the election returns. 2000-04-19 Senate Journal Page 3289 HJR 56 An initiated law becomes effective ninety days after certification, is not subject to veto, and may not be repealed by the legislature within two years of its effective date. It may be amended at any time. An act rejected by referendum is void thirty days after certification. Additional procedures for the initiative and referendum may be prescribed by law." President Pearce lifted the call. 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 1:21 p.m. After Recess The Senate reconvened at 6:20 p.m. Senator Mackie moved and asked unanimous consent that the Senate return to Standing Committee Reports. Without objection, the Senate returned to: Standing Committee Reports Report dated April 19 was read stating: In accordance with AS 39.05.080, the Senate Judiciary Committee reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: 2000-04-19 Senate Journal Page 3290 Board of Governors of the Alaska Bar Anastasia Cooke Hoffman - Bethel There were no stated objections to the named individual. However, this does not reflect an intent by any of the members to vote for or against the appointment during any further sessions. Signing the report: Senator Taylor, Chair, Senators Donley, Ellis. Reports dated April 19 were read stating: In accordance with AS 39.05.080, the Senate Judiciary Committee reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Alaska Judicial Council Gigi Pilcher - Ketchikan Commission on Judicial Conduct Sharon Nahorney - Anchorage There were no stated objections to the named individuals. However, this does not reflect an intent by any of the members to vote for or against the appointments during any further sessions. Signing the reports: Senator Taylor, Chair, Senators Donley, Ellis, Halford. Report dated April 19 was read stating: In accordance with AS 39.05.080, the Senate State Affairs Committee reviewed the following and recommends the appointment be forwarded to a joint session for consideration: State Commission for Human Rights Lisa M. Fitzpatrick - Anchorage 2000-04-19 Senate Journal Page 3291 There were no stated objections to the confirmation of the named individual by committee members. This does not reflect an intent by any of the members to vote for or against her during any further sessions. Signing the report: Senator Ward, Chair, Senators Green, Phillips, Elton. HB 205 The Transportation Committee considered CS FOR HOUSE BILL NO. 205(TRA) An Act relating to the use of snow machines to travel across the Dalton Highway corridor. Signing do pass: Senator Ward, Chair, Senators Miller, Lincoln, Pearce. Previous House zero fiscal notes. The bill was referred to the Rules Committee. HB 238 The Resources Committee considered HOUSE BILL NO. 238 An Act establishing a federal tax obligation loan program under the commercial fishing loan program. Signing do pass: Senator Halford, Chair, Senators Mackie, Lincoln. Signing no recommendation: Senator Green. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 294 The Judiciary Committee considered CS FOR HOUSE BILL NO. 294(JUD) An Act relating to violations of an order to submit to deoxyribonucleic acid (DNA) testing, to court orders and conditions of parole to collect samples for DNA testing, to removal of material from the DNA identification registration system; and providing for an effective date. Signing do pass: Senator Taylor, Chair, Senator Halford. Signing no recommendation: Senator Ellis. Previous House indeterminate fiscal note and zero fiscal notes. 2000-04-19 Senate Journal Page 3292 HB 294 The bill was referred to the Rules Committee. HB 296 The Judiciary Committee considered CS FOR HOUSE BILL NO. 296(L&C) An Act relating to partnerships; amending Rule 25(c), Alaska Rules of Civil Procedure; and providing for an effective date. Signing no recommendation: Senator Taylor, Chair, Senators Ellis, Donley. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 303 The Labor and Commerce Committee considered HOUSE BILL NO. 303 An Act relating to the method of payment of fees and adoption of regulations under AS 21; relating to orders under AS 21 regarding risk based capital instructions; relating to accounting standards for insurance companies; amending the definitions of creditable coverage and late enrollees in AS 21.54; relating to requirements for small employer insurers; relating to requirements for issuance of new voting securities by an insurance company; requiring health care insurance coverage for reconstructive surgery following mastectomy; requiring guaranteed renewability of and certification of coverage regarding certain individual health insurance policies; and providing for an effective date and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 303(L&C) An Act relating to the method of payment of fees and adoption of regulations under AS 21; relating to orders under AS 21 regarding risk based capital instructions; relating to accounting standards for insurance companies; amending the definitions of creditable coverage and late enrollee in AS 21.54; relating to requirements for small employer insurers; relating to requirements for issuance of new voting securities by an insurance company; requiring health care insurance coverage for reconstructive surgery following mastectomy; requiring guaranteed renewability of and certification of coverage regarding certain individual health insurance policies; and providing for an effective date. (technical title change) 2000-04-19 Senate Journal Page 3293 HB 303 Signing do pass: Senator Mackie, Chair, Senators Donley, Tim Kelly, Leman, Hoffman. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 310 The Judiciary Committee considered CS FOR HOUSE BILL NO. 310(L&C) An Act relating to the Alaska Insurance Guaranty Association. Signing no recommendation: Senator Taylor, Chair, Senator Ellis. Signing do pass: Senator Donley. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 320 The Transportation Committee considered CS FOR HOUSE BILL NO. 320(FIN) am An Act approving the application for and acceptance of a grant of certain federal land by the Alaska Railroad Corporation; approving the conveyance of the entire interest in land appurtenant to the Whittier DeLong Dock by the Alaska Railroad Corporation; relating to use and disposition of the Whittier DeLong Dock and associated land; prohibiting the Alaska Railroad Corporation and the City of Whittier from granting any special right, privilege, or preference to a third party to provide management services for the DeLong Dock; providing that contracts for management of the DeLong Dock by a third party shall be awarded only under competitive procurement procedures established by the Alaska Railroad Corporation and the City of Whittier; and providing for an effective date. Signing no recommendation: Senator Ward, Chair, Senator Miller. Signing do pass: Senator Lincoln. Signing do not pass: Senator Pearce. Previous House zero fiscal note. The bill was referred to the Rules Committee. 2000-04-19 Senate Journal Page 3294 HB 324 The State Affairs Committee considered HOUSE BILL NO. 324 An Act requiring written consent by the person who is the subject of the information before releasing personal information contained in motor vehicle records, to comply with 18 U.S.C. 2721; and providing for an effective date. Signing no recommendation: Senator Ward, Chair, Senator Green. Signing do pass: Senators Phillips, Elton. Previous House fiscal note. The bill was referred to the Finance Committee. HB 335 The State Affairs Committee considered CS FOR HOUSE BILL NO. 335(FIN) An Act relating to information contained in retirement system records; relating to retirement boards; relating to procedures and hearings under state retirement systems; relating to benefits for reemployed retired members of retirement systems; relating to eligibility for normal retirement for members of the teachers retirement system who have Alaska BIA credited service; relating to disability benefits for members of state retirement systems; relating to deduction of premiums from retirement benefits; relating to protection of, and assignment and transfer of, amounts held in retirement systems; relating to retirement benefits for certain employees earning high salaries; relating to qualified domestic relations orders in state retirement systems; relating to the definition of retirement fund in the teachers retirement system; relating to membership of state employees in the teachers retirement system; relating to refund of contributions made to the judicial retirement system or to the former elected public officers retirement system and repayment of refunded contributions in those systems; relating to self-insurance and excess loss insurance for persons receiving benefits from a state retirement system; relating to participation of elected officials in the public employees retirement system; relating to the level income option benefit under the public employees retirement system; relating to participation of employees of political subdivisions and public organizations in the public employees retirement system; relating to crimes for defrauding a state retirement system; relating to the definition of pension fund in the public employees retirement system; relating to calculation of years of service and of 2000-04-19 Senate Journal Page 3295 HB 335 benefits under the public employees retirement system for noncertificated employees of certain educational employers; and relating to individual accounts maintained for members of the former elected public officers retirement system. Signing no recommendation: Senator Ward, Chair, Senator Phillips. Signing do pass: Senators Elton, Green. Previous House fiscal note. The bill was referred to the Finance Committee. HB 344 The Finance Committee considered 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. Signing do pass: Senator Torgerson, Cochair, Senators Phillips, Green, Leman, Adams, Wilken, Donley. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 392 The Judiciary Committee considered CS FOR HOUSE BILL NO. 392(HES) An Act relating to continuances for temporary custody hearings that follow emergency custody of a child; and amending Rule 10, Alaska Child in Need of Aid Rules. Signing do pass: Senator Taylor, Chair, Senators Ellis, Halford. Previous House zero fiscal notes. The bill was referred to the Rules Committee. 2000-04-19 Senate Journal Page 3296 HB 418 Fiscal notes for 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 published today from Department of Public Safety, Department of Administration (2), Department of Community and Economic Development (5), Department of Education and Early Development (3), Department of Corrections (5), Department of Fish and Game, Department of Health and Social Services, Department of Public Safety (4), Department of Transportation and Public Facilities (2). HB 422 The Labor and Commerce Committee considered HOUSE BILL NO. 422 An Act relating to workers compensation benefits for injuries resulting from consumption of alcohol or use of drugs; and providing for an effective date and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 422(L&C) Signing do pass: Senator Mackie, Chair, Senators Tim Kelly, Leman. Signing no recommendation: Senators Donley, Hoffman. Previous House zero fiscal note. The bill was referred to the Rules Committee. SB 310 The Rules Committee considered SENATE BILL NO. 310 An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of school, University of Alaska, and port and harbor capital projects; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. 2000-04-19 Senate Journal Page 3297 SB 311 The Rules Committee considered SENATE BILL NO. 311 An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of port and harbor capital projects; and providing for an effective date. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. SB 312 The Rules Committee considered 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. SB 313 The Rules Committee considered 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. HB 37 The Rules 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. The bill is on todays calendar. 2000-04-19 Senate Journal Page 3298 HB 121 The Rules 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 to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. The bill is on todays calendar. HB 346 The Rules 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 to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. The bill is on todays calendar. Introduction and Reference of Senate Resolutions SCR 19 SENATE CONCURRENT RESOLUTION NO. 19 BY THE SENATE RULES COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Joint Resolution No. 56, proposing an amendment to the Constitution of the State of Alaska regarding certain initiatives relating to wildlife. was read the first time. 2000-04-19 Senate Journal Page 3299 SCR 20 SENATE CONCURRENT RESOLUTION NO. 20 BY THE SENATE RULES COMMITTEE, Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 163, relating to qualifications of voters; relating to the registration of voters; relating to election districts and officials; relating to election procedures and ballots; relating to special procedures for elections; relating to nomination of candidates; relating to national elections; relating to special elections and appointments; relating to constitutional amendments; relating to election offenses and corrupt practices; relating to election pamphlets; relating to the deferral of jury service for certain election officials; relating to an exemption from the State Procurement Code regarding election ballots; relating to the provision and use of mailing addresses on permanent fund dividend applications for election purposes; relating to the inclusion of voter registration forms with permanent fund dividend applications; relating to financial statements by public officials and candidates for public office; making conforming amendments in references to election district, chairman, and similar terms; relating to initiative, referendum, and recall petitions. was read the first time. Consideration of the Calendar House Resolutions in Second Reading HJR 56 HOUSE JOINT RESOLUTION NO. 56 Proposing an amendment to the Constitution of the State of Alaska prohibiting certain initiatives relating to wildlife, was before the Senate in second reading (page 3289). Senator Phillips moved for the adoption of Amendment No. 1, which had been offered (page 3288). 2000-04-19 Senate Journal Page 3300 HJR 56 Senator Phillips called the Senate. The call was satisfied. Senator Taylor objected to the adoption of Amendment No. 1. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: HJR 56 Second Reading Amendment No. 1 YEAS: 3 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, Kelly Tim, Phillips Nays: Adams, Donley, Elton, Green, Halford, Hoffman, Kelly Pete, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken and so, Amendment No. 1 failed. HOUSE JOINT RESOLUTION NO. 56 will appear on the April 20 calendar. Reconsideration of House Bills HB 418 Senator Torgerson requested that the reconsideration on 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 be taken up. The bill was before the Senate on reconsideration. 2000-04-19 Senate Journal Page 3301 HB 418 The question to be reconsidered: 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 - On Reconsideration Effective Dates 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. 418(FIN) am S 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 clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Reconsideration of House Resolutions HJR 60 Senator Halford requested that the reconsideration on 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, be taken up. The resolution was before the Senate on reconsideration. 2000-04-19 Senate Journal Page 3302 HJR 60 Senator Halford moved that the resolution be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the resolution was returned to second reading. Senator Halford offered Amendment No. 2 : Page 2, line 30: Delete . Insert ; and be it Page 2, line 30: Insert FURTHER RESOLVED that the Alaska State Legislature urges the U.S. Fish and Wildlife Service to consider negotiating reasonable purchases of private property within proposed critical habitat on the Y-K Delta rather than preclude responsible economic uses of these lands through agency regulatory actions. Senator Halford moved for the adoption of Amendment No. 2. Objections were heard. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: SCS HJR 60(RES) am S Second Reading Amendment No. 2 YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Phillips, Taylor, Ward, Wilken Nays: Kelly Pete, Kelly Tim, Parnell, Pearce, Torgerson and so, Amendment No. 2 was adopted. The resolution was automatically in third reading. 2000-04-19 Senate Journal Page 3303 HJR 60 The question to be reconsidered: 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 - On Reconsideration 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 and so, SENATE CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) am S passed the Senate on reconsideration, and the resolution was referred to the Secretary for engrossment. Reconsideration of House Bills HB 218 Senator Ward requested that the reconsideration on CS FOR HOUSE BILL NO. 218(FIN) An Act relating to property loaned to or held by museums be taken up. The bill was before the Senate on reconsideration. Senator Ward moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Ward offered Amendment No. 1 : 2000-04-19 Senate Journal Page 3304 HB 218 Page 4, line 3: Delete "After" Insert "(a) In addition to any other right of reclamation the person may have under 25 U.S.C 3001 - 3013 (Native American Graves Protection and Repatriation Act), after" Page 4, lines 5 and 6: Delete "the lender or owner of the property has two years to bring an action in court against the museum to claim the property." Insert "an interested person has two years from the later of the following events to bring an action in court against the museum to claim the property: (1) when the person learns that the museum has acquired title to the property; and (2) when the person learns that the person is the owner, lender, or heir of the owner or lender of property to which the museum has acquired title. (b)" Page 4, following line 9: Insert a new subsection to read: "(c) In this section, "interested person" means the owner of the property, the lender of the property, or, if the owner or lender has died, an heir of the owner or lender of the property." Senator Ward moved for the adoption of Amendment No. 1. Objections were heard. Senator Mackie moved and asked unanimous consent that CS FOR HOUSE BILL NO. 218(FIN) be held in second reading on reconsideration, with Amendment No. 1 pending, to the April 20 calendar. Without objection, it was so ordered. SB 310 Senator Mackie moved and asked unanimous consent that SENATE BILL NO. 310 An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of school, University of Alaska, and port and harbor capital projects; and providing for an effective date be placed at the bottom of todays calendar. Without objection, it was so ordered. 2000-04-19 Senate Journal Page 3305 SB 311 Senator Mackie moved and asked unanimous consent that SENATE BILL NO. 311 An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of port and harbor capital projects; and providing for an effective date be placed at the bottom of todays calendar. Without objection, it was so ordered. SB 312 Senator Mackie moved and asked unanimous consent that 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 be placed at the bottom of todays calendar. Without objection, it was so ordered. SB 313 Senator Mackie moved and asked unanimous consent that 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 be placed at the bottom of todays calendar. Without objection, it was so ordered. Second Reading of House Bills HB 37 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 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 3219. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 37(FIN) was adopted and read the second time. Senator Halford moved and asked unanimous consent that he be shown as a cross sponsor on the bill. Without objection, it was so ordered. 2000-04-19 Senate Journal Page 3306 HB 37 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. 37(FIN) was read the third time. The question being: Shall SENATE CS FOR 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 pass the Senate? The roll was taken with the following result: SCS CSHB 37(FIN) Third Reading - Final Passage YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Halford, Hoffman, Kelly Tim, Leman, Lincoln, Mackie, Parnell, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Green, Kelly Pete, Miller, Pearce and so, SENATE CS FOR CS FOR HOUSE BILL NO. 37(FIN) passed the Senate. Senator Pearce gave notice of reconsideration. HB 121 Senator Tim Kelly, Chair, moved and asked unanimous consent that 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 be returned to the Rules Committee. Without objection, it was so ordered. 2000-04-19 Senate Journal Page 3307 HB 346 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 was read the second time. Senator Mackie moved and asked unanimous consent that President Pearce be shown as a cross sponsor on the bill. Without objection, it was so ordered. Senators Wilken, Ellis, Lincoln, Elton moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. 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. 346(HES) was read the third time. The question being: Shall 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 pass the Senate? The roll was taken with the following result: CSHB 346(HES) 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. 346(HES) passed the Senate, was signed by the President and Secretary and returned to the House. 2000-04-19 Senate Journal Page 3308 President Pearce lifted the call. 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 7:23 p.m. After Recess The Senate reconvened at 7:44 p.m. House Bills in Second Reading HB 378 SENATE CS FOR CS FOR HOUSE BILL NO. 378(FIN) am S 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 which had been placed at the bottom of the calendar (page 3287) was before the Senate in second reading. Senator Green offered Amendment No. 3 : Page 1, line 13: Delete programs Insert program Delete Each Insert Except as provided under (g) of this section, each Page 2, line 2: Delete workers safety programs under AS 18.60 and Page 2, line 8: Delete 2.9 Insert 2.0 Page 2, line 13: Delete 1.82 Insert 1.27 2000-04-19 Senate Journal Page 3309 HB 378 Page 3, line 2: Delete safety and Page 3, line 7: Delete workers safety programs contained in AS 18.60 and of the Page 3, lines 14 - 17: Delete all material Insert (g) This section does not apply to a municipality, a regional educational attendance area, a municipal school district, a joint insurance arrangement formed under AS 21.76, or a political subdivision of the state. Page 5, line 2: Delete safety and Page 5, line 11: Delete 3.6 Insert 3.0 Page 5, line 12: Delete 3.4 Insert 2.9 Page 5, line 13: Delete 3.2 Insert 2.7 Page 5, lines 15 - 17: Delete a political subdivision of the state, a joint insurance arrangement authorized under AS 21.76. Page 6, line 2: Delete 2.31 Insert 1.74 Page 6, line 3: Delete safety and Delete .39 Insert .96 2000-04-19 Senate Journal Page 3310 HB 378 Page 6, line 5: Delete 2.17 Insert 1.64 Page 6, line 6: Delete safety and Delete .53 Insert 1.06 Page 6, line 8: Delete 2.03 Insert 1.53 Page 6, line 9: Delete safety and Delete .67 Insert 1.17 Page 6, line 17: Add a new section to read: Section 9. The uncodified law of the State of Alaska is amended by adding a new section to read: REPORTING: The Department of Labor and Workforce Development shall provide a report to the Legislature no later than January 15, 2002 on the service fee for workers compensation programs and the feasibility of the establishment of, assessment of, collection of, and accounting for service fees for state administration of workers safety programs. Renumber following sections accordingly. Senator Green moved for the adoption of Amendment No. 3. Objections were heard. President Pearce called the Senate. The call was satisfied. 2000-04-19 Senate Journal Page 3311 HB 378 Senators Parnell, Miller, Hoffman moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senators Parnell, Miller, Hoffman were required to vote. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: SCS CSHB 378(FIN) am S Second Reading Amendment No. 3 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Green, Halford, Kelly Pete, Leman, Taylor, Ward Nays: Donley, Ellis, Elton, Hoffman, Kelly Tim, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Wilken and so, Amendment No. 3 failed. Senator Mackie moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 378(FIN) am S was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 378(FIN) am S 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 pass the Senate? The roll was taken with the following result: 2000-04-19 Senate Journal Page 3312 HB 378 SCS CSHB 378(FIN) am S Third Reading - Final Passage Effective Dates YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Kelly Pete, Kelly Tim, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Green, Halford, Hoffman, Leman, Taylor and so, SENATE CS FOR CS FOR HOUSE BILL NO. 378(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 and the bill was referred to the Secretary for engrossment. SB 310 SENATE BILL NO. 310 An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of school, University of Alaska, and port and harbor capital projects; 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 3265. Without objection, CS FOR SENATE BILL NO. 310(FIN) An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of school and University of Alaska capital projects; 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. 310(FIN) was read the third time. 2000-04-19 Senate Journal Page 3313 SB 310 The question being: Shall CS FOR SENATE BILL NO. 310(FIN) An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of school and University of Alaska capital projects; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 310(FIN) Third Reading - Final Passage YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Kelly Pete, Kelly Tim, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Halford, Hoffman, Leman, Lincoln, Phillips and so, CS FOR SENATE BILL NO. 310(FIN) passed the Senate. Senator Mackie moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CSSB 310(FIN) Effective Date Clause 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 clause was adopted. 2000-04-19 Senate Journal Page 3314 SB 310 Senator Ward gave notice of reconsideration and moved and asked unanimous consent that it be taken up at this time. Objections were heard. Senator Ward moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. SB 311 SENATE BILL NO. 311 An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of port and harbor capital projects; 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 3266. Without objection, CS FOR SENATE BILL NO. 311(FIN) An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of transportation capital projects; and providing for an effective date was adopted and read the second time. Senators Donley, Parnell offered Amendment No. 1 : Page 3, lines 8-12: Delete 10-25 Anchorage: Reconstruction and Construction - $65,000,000 Raspberry Road/Dowling Road from Minnesota Drive to Abbott Loop Road and Abbott Loop Road/Bragaw Street from Tudor Road to Abbott Road Insert 10-25 Anchorage: Dowling Road Extension/ $65,000,000 Reconstruction (Minnesota Drive to Old Seward Highway and Lake Otis Parkway to Abbott Loop Road); Abbott Loop Road Extension - (48th Avenue to 68th Avenue); Abbott Loop Road Reconstruction - (Lake Otis Parkway to Birch Road) 2000-04-19 Senate Journal Page 3315 SB 311 Senator Donley 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 Green offered Amendment No. 2 : Page 3, lines 14-16: Delete 26-28 Matanuska-Susitna: Parks/Glenn Highway 60,000,000 Interchange and Reconstruction of the Glenn Highway from the Parks Highway to Palmer Insert 26-28 Matanuska-Susitna: Seward Meridian upgrade 60,000,000 to Seldon/Knik Goose Bay Road rehab/Bogard Road extension to Glenn Highway/Seldon West Extension Phase 1/Wasilla-Fishhook to Church Road and Parks/Glenn Highway Interchange Senator Green moved for the adoption of Amendment No. 2. Senator Mackie objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSB 311(FIN) 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. 2000-04-19 Senate Journal Page 3316 SB 311 Senators Torgerson, Elton offered Amendment No. 3 : Page 2, line 22: Insert Auke Bay Harbor $492,000 Senator Torgerson moved for the adoption of Amendment No. 3. Without objection, Amendment No. 3 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. CS FOR SENATE BILL NO. 311(FIN) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 311(FIN) am An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of transportation capital projects; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 311(FIN) am Third Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Kelly Pete, Kelly Tim, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Wilken Nays: Adams, Ellis, Elton, Halford, Hoffman, Leman, Lincoln, Phillips, Ward and so, CS FOR SENATE BILL NO. 311(FIN) am passed the Senate. Senator Mackie moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: 2000-04-19 Senate Journal Page 3317 SB 311 CSSB 311(FIN) am Effective Date Clause 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 clause was adopted. Senator Taylor gave notice of reconsideration. Senator Tim Kelly moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 311(FIN) am be taken up at this time. Senator Ellis objected. The question being: Shall reconsideration be taken up on the same day? The roll was taken with the following result: SB 311 Bring up Reconsideration Same Day? 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, CS FOR SENATE BILL NO. 311(FIN) am was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 311(FIN) am An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of transportation capital projects; and providing for an effective date pass the Senate? The roll was taken with the following result: 2000-04-19 Senate Journal Page 3318 SB 311 CSSB 311(FIN) am Third Reading - On Reconsideration YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Kelly Pete, Kelly Tim, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Wilken Nays: Adams, Ellis, Elton, Halford, Hoffman, Leman, Lincoln, Phillips, Ward and so, CS FOR SENATE BILL NO. 311(FIN) am passed the Senate on reconsideration. Senator Mackie moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CSSB 311(FIN) am Effective Date Clause 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 clause was adopted. Reconsideration of Senate Bills SB 310 Senator Tim Kelly moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 310(FIN) An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of school and University of Alaska capital projects; and providing for an effective date be taken up at this time. Senator Ellis objected. 2000-04-19 Senate Journal Page 3319 SB 310 The question being: Shall the reconsideration be taken up on the same day? The roll was taken with the following result: SB 310 Bring up Reconsideration Same Day? 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, the bill was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 310(FIN) An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of school and University of Alaska capital projects; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 310(FIN) Third Reading - On Reconsideration YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Green, Kelly Pete, Kelly Tim, Mackie, Miller, Parnell, Pearce, Torgerson, Wilken Nays: Adams, Ellis, Elton, Halford, Hoffman, Leman, Lincoln, Phillips, Taylor, Ward and so, CS FOR SENATE BILL NO. 310(FIN) failed on reconsideration. Senator Tim Kelly moved that the Senate rescind its action in failing to adopt CS FOR SENATE BILL NO. 310(FIN). Without objection, it was so ordered, and the bill was before the Senate on reconsideration. 2000-04-19 Senate Journal Page 3320 SB 310 Senator Tim Kelly moved and asked unanimous consent that CS FOR SENATE BILL NO. 310(FIN) be held on reconsideration to the April 20 calendar. Without objection, it was so ordered. SB 311 Senator Tim Kelly moved and asked unanimous consent that the Senate rescind its action in adopting CS FOR SENATE BILL NO. 311(FIN) am An Act providing for and relating to the issuance of general obligation bonds for the purpose of paying the state cost of transportation capital projects; and providing for an effective date. Objections were heard. The question being: Shall the Senate rescind its action? The roll was taken with the following result: SB 311 Rescind Action? YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Wilken Nays: Donley, Green, Halford, Taylor, Ward and so, the Senate rescinded its action and the bill was before the Senate on reconsideration. Senator Tim Kelly moved and asked unanimous consent that CS FOR SENATE BILL NO. 311(FIN) am be held on reconsideration to the April 20 calendar. Without objection, it was so ordered. SB 312 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 was read the second time. The bill will appear on the April 20 calendar. 2000-04-19 Senate Journal Page 3321 SB 313 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 was read the second time. The bill will appear on the April 20 calendar. President Pearce lifted the call. Citations Honoring - Robert Churchill Senator(s) Donley, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Wilken, Elton, Lincoln, Parnell, Leman, Hoffman, Adams, Ward, Halford Representative(s) Bunde Honoring - Ruth Moulton Representative(s) Kemplen, Croft Senator(s) Ellis, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Wilken, Elton, Lincoln, Donley, Parnell, Leman, Hoffman, Adams, Ward Honoring - Pastor John Beyers Representative(s) Kemplen Senator(s) Ellis, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Wilken, Elton, Lincoln, Donley, Parnell, Leman, Hoffman, Adams, Ward Honoring - Celeste H. Benson Representative(s) Kemplen Senator(s) Ellis, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Wilken, Elton, Lincoln, Donley, Parnell, Leman, Hoffman, Adams, Ward Honoring - Marjorie Mayo, Doyon, Limited, Doyon Citizen of the Year 2000 Representative(s) Morgan Senator(s) Lincoln, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Miller, Wilken, Elton, Parnell, Leman, Hoffman, Adams, Ward, Halford 2000-04-19 Senate Journal Page 3322 Honoring - Elsie Sam-Vent, Doyon, Limited, Daaga Community Service Award for 2000 Representative(s) Morgan Senator(s) Lincoln, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Miller, Wilken, Elton, Parnell, Leman, Hoffman, Adams, Ward, Halford Honoring - Teisha Simmons, Doyon, Limited, Chief Andrew Isaac Youth Leadership Shareholder of the Year 2000 Representative(s) Morgan Senator(s) Lincoln, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Miller, Wilken, Elton, Parnell, Leman, Hoffman, Adams, Ward, Halford Honoring - Hannah E. Maillelle, Doyon, Limited, Elders Shareholder of the Year 2000 Representative(s) Morgan Senator(s) Lincoln, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Miller, Wilken, Elton, Parnell, Leman, Hoffman, Adams, Ward, Halford Honoring - Mike Crosby Representative(s) Williams Senator(s) Taylor, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Wilken, Elton, Lincoln, Parnell, Leman, Hoffman, Adams, Ward, Halford Honoring - Sherri Jackson Representative(s) Halcro Senator(s) Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Wilken, Elton, Lincoln, Parnell, Leman, Hoffman, Adams, Ward Honoring - June Robbins Representative(s) Williams Senator(s) Taylor, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Wilken, Elton, Lincoln, Parnell, Leman, Hoffman, Adams, Ward, Halford 2000-04-19 Senate Journal Page 3323 Honoring - Kevin Delaney, Retiring Director of Sport Fish Representative(s) Mulder, Bunde Senator(s) Pearce, Phillips, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Wilken, Elton, Lincoln, Donley, Parnell, Hoffman, Adams, Ward, Halford Commemorating - Shattuck & Grummett Inc., 100th Anniversary Representative(s) Hudson, Kerttula, Grussendorf Senator(s) Elton, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Wilken, Lincoln, Parnell, Leman, Hoffman, Adams, Ward In Memoriam - Kerry T. Brookman Senator(s) Green, Pearce, Mackie, Tim Kelly, Pete Kelly, Taylor, Wilken, Elton, Lincoln, Donley, Parnell, Leman, Hoffman, Adams, Ward, Halford Representative(s) Ogan In Memoriam - Frederick O. Baggett Senator(s) Green, Pearce, Mackie, Tim Kelly, Pete Kelly, Taylor, Wilken, Elton, Lincoln, Donley, Parnell, Leman, Hoffman, Adams, Ward, Halford Representative(s) Masek In Memoriam - Chief Alfred George Perkins, Jr., Yadusteix, Geileesh, Xaawxaach, Dlogudleik Representative(s) Grussendorf Senator(s) Taylor, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Wilken, Elton, Lincoln, Parnell, Leman, Hoffman, Adams, Ward, Halford In Memoriam - Martha Kitka Representative(s) Grussendorf Senator(s) Taylor, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Wilken, Elton, Lincoln, Parnell, Leman, Hoffman, Adams, Ward, Halford In Memoriam - Daphne M. McLane Representative(s) Davis Senator(s) Torgerson, Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Wilken, Elton, Lincoln, Parnell, Leman, Hoffman, Adams, Ward, Halford, Miller 2000-04-19 Senate Journal Page 3324 In Memoriam - Robert J. Piaskowski Representative(s) Sanders Senator(s) Donley, Pearce, Mackie, Tim Kelly, Green, Pete Kelly Taylor, Wilken, Elton, Lincoln, Parnell, Leman, Ellis, Hoffman, Adams, Ward, Halford In Memoriam - Olinga M. Gregory Representative(s) Morgan Senator(s) Lincoln, Pearce, Mackie, Tim Kelly, Green, Pete Kelly Taylor, Wilken, Elton, Parnell, Leman, Hoffman, Adams, Ward, 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. 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 In Memoriam - George Daniel Cooper Representative(s) Kookesh Senator(s) Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Parnell, Leman 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 HB 372 Senator Torgerson, Cochair, moved and asked unanimous consent that the twenty-four hour notice and publication requirements be waived on CS FOR HOUSE BILL NO. 372(FIN) am An Act relating to criminal sentencing and restitution for the Finance Committee meeting on April 20. Without objection, it was so ordered. 2000-04-19 Senate Journal Page 3325 HB 324 Senator Torgerson, Cochair, moved and asked unanimous consent that the twenty-four hour notice and publication requirements be waived on HOUSE BILL NO. 324 An Act requiring written consent by the person who is the subject of the information before releasing personal information contained in motor vehicle records, to comply with 18 U.S.C. 2721; and providing for an effective date for the Finance Committee meeting on April 20. Without objection, it was so ordered. Senator Mackie moved and asked unanimous consent that the Senate return to Standing Committee Reports. Without objection, the Senate returned to Standing Committee Reports HB 372 The Judiciary Committee considered CS FOR HOUSE BILL NO. 372(FIN) am An Act relating to criminal sentencing and restitution and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 372(JUD) Signing no recommendation: Senator Taylor, Chair. Signing do pass: Senators Ellis, Donley. Previous House indeterminate fiscal note. The bill was referred to the Finance Committee. HB 419 The Judiciary Committee considered CS FOR HOUSE BILL NO. 419(RLS) An Act relating to the weekly rate of compensation and minimum and maximum compensation rates for workers compensation; specifying components of a workers compensation reemployment plan; adjusting workers compensation benefits for permanent partial impairment, for reemployment plans, for rehabilitation benefits, for widows, widowers, and orphans, and for 2000-04-19 Senate Journal Page 3326 HB 419 funerals; relating to permanent total disability of an employee receiving rehabilitation benefits; relating to calculation of gross weekly earnings for workers compensation benefits for seasonal and temporary workers and for workers with overtime or premium pay; setting time limits for requesting a hearing on claims for workers compensation, for selecting a rehabilitation specialist, and for payment of medical bills; relating to termination and to waiver of rehabilitation benefits, obtaining medical releases, and resolving discovery disputes relating to workers compensation; setting an interest rate for late payments of workers compensation; providing for updating the workers compensation medical fee schedule; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 419(JUD) Signing no recommendation: Senator Taylor, Chair, Senators Ellis, Donley. Previous House fiscal notes. The bill was referred to the Finance Committee. Unfinished Business HB 398 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on CS FOR HOUSE BILL NO. 398(JUD) An Act relating to the Alaska Life and Health Insurance Guaranty Association. Without objection, the bill was referred to the Rules Committee. Announcements Announcements are at the end of the journal. 2000-04-19 Senate Journal Page 3327 Engrossment HB 3 SENATE CS FOR CS FOR HOUSE BILL NO. 3(FIN) An Act relating to controlled substances and to the possession of certain chemicals; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 288 SENATE CS FOR CS FOR HOUSE BILL NO. 288(FIN) 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 engrossed, signed by the President and Secretary and returned to the House for consideration. HB 331 SENATE CS FOR CS FOR HOUSE BILL NO. 331(RLS) 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 was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 378 SENATE CS FOR CS FOR HOUSE BILL NO. 378(FIN) am S 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 engrossed, signed by the President and Secretary and returned to the House for consideration. 2000-04-19 Senate Journal Page 3328 HB 418 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 was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 420 SENATE CS FOR CS FOR HOUSE BILL NO. 420(L&C) An Act relating to tourism marketing contracts; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. HJR 60 SENATE CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) amS Opposing the designation of millions of acres of Alaska as critical habitat for the Spectacled Eider and the Stellers Eider, was engrossed, signed by the President and Secretary and returned to the House for consideration. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 12:00 p.m., April 20, 2000. Without objection, the Senate adjourned at 9:20 p.m. Heidi Vogel Secretary of the Senate April 2000 2000-04-19 Senate Journal Page 3329 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 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 9:45 PM -- Time Change -- + HB 108USE, REGULATION, AND OPERATION OF BOATS + HB 432BOARD OF STORAGE TANK ASSISTANCE <Pending Referral> + HB 277RETIREMENT BENEFITS FOR REHIRED TEACHERS + HB 346SERVICES FOR DISABLED PERSONS <Removed from Agenda> + 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 2000-04-19 Senate Journal Page 3330 FINANCE Apr 20 Thursday 9:00 AM = HB 58OIL & GAS AUDITS = HB 325MEDICAL ASSISTANCE:LIENS & CLAIMS HB 372CRIMINAL SENTENCING AND RESTITUTION Uniform Rule 23 Waived HB 206FISH AND GAME LICENSES & TAGS HB 335STATE RETIREMENT SYSTEMS AND BENEFITS HB 324PERSONAL INFO IN MOTOR VEH. RECORDS Uniform Rule 23 Waived HB 419WORKERS COMPENSATION Bills Previously Heard/Scheduled Apr 20 Thursday 6:00 PM Bills Previously Heard/Scheduled ---------------------------------------- JUDICIARY BELTZ 211 Apr 19 Wednesday 2:00 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 372CRIMINAL SENTENCING AND RESTITUTION + 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 Apr 20 Thursday 2:00 PM FAHRENKAMP 203 -- Meeting Canceled -- = HB 366CRIME VICTIMS RIGHTS & DOMESTIC VIOLENCE = HB 368RELEASE OF CRIMINAL DEFENDANT ---------------------------------------- 2000-04-19 Senate Journal Page 3331 LABOR & COMMERCE BELTZ 211 Apr 20 Thursday 1:30 PM HB 291ADMINISTRATIVE PROCEDURE NOTICES ---------------------------------------- RESOURCES BUTROVICH 205 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 ---------------------------------------- RULES FAHRENKAMP 203 Apr 19 Wednesday 1:30 PM HB 37SMOKING CESSATION AND EDUCATION PROGRAMS HB 121DENTAL CARE INSURANCE HB 346SERVICES FOR DISABLED PERSONS SB 310BONDS: SCHOOLS & UNIVERSITY SB 311BONDS: PORTS & HARBORS SB 312PERMANENT FUND BOND REDEMPTION SUBACCOUNT SB 313APPROPRIATION: BOND REDEMPTION SUBACCOUNT HB 116BOARD OF AGRICULTURE AND CONSERVATION HB 133VOTER APPROVAL OF SERVICE AREA CHANGES HB 304CLEAN WATER FUND/DRINKING WATER FUND HB 317STATE EMPLOYEE HIRE AND PROMOTION HB 446PCE FUND/ SALE OF 4 DAM POOL/ENERGY FUND HB 447PCE APPROPRIATION Apr 19 Wednesday 9:30 PM HCR 22LB&A STUDY OF FISCAL & REVENUE POLICIES HB 205SNOWMACHINES CROSSING DALTON HIGHWAY HB 230PERS BENEFITS FOR POLICE/FIRE DISPATCHERS HB 270PAYMENT OF SEXUAL ABUSE EXAMINATIONS HB 294DNA TESTING & REGISTRATION HB 303MISC. INSURANCE PROVISIONS HB 310ALASKA INSURANCE GUARANTY ASSOCIATION HB 339CFAB LOANS FOR TOURISM & NAT RESOURCES HB 363SALMON PRICE REPORTS/SALE OF FISH HB 392CONTINUANCES OF CINA HEARINGS HB 414OIL & GAS CONSERVATION COMMISSION HB 422WORKERS COMPENSATION:DRUGS & ALCOHOL 2000-04-19 Senate Journal Page 3332 RULES Apr 19 Wednesday 10:30 PM SB 308MARINE PASSENGER VESSELS <Pending Referral> HB 253SCHOOL DISCIPLINARY AND SAFETY PROGRAM <Pending Referral> HB 108USE, REGULATION, AND OPERATION OF BOATS <Pending Referral> HB 324PERSONAL INFO IN MOTOR VEH. RECORDS <Pending Referral> = HB 121DENTAL CARE INSURANCE HB 296UNIFORM PARTNERSHIP ACT HB 320APPROVE AK RAILROAD GETTING WHITTIER DOCK HB 398LIFE AND HEALTH INSURANCE GUARANTY ASSN HB 42CIVIL LIABILITY FOR IMPROPER LITIGATION <Pending Referral> ---------------------------------------- STATE AFFAIRS BELTZ 211 Apr 19 Wednesday 3:00 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 FAHRENKAMP 203 -- 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 2000-04-19 Senate Journal Page 3333 JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 225 FAHRENKAMP 203 Apr 20 Thursday 8:30 AM = HB 225CAMPAIGN FINANCE AND LEGISLATIVE ETHICS ---------------------------------------- CONFERENCE COMMITTEE ON HB 312 & HB 313 SENATE FINANCE 532 Apr 19 Wednesday 4:00 PM -- Meeting Canceled -- = 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 -- Meeting Canceled -- OTHER MEETINGS JOINT SESSION HOUSE CHAMBER Apr 21 Friday 10:00 AM Governors Vetoes ---------------------------------------- MAJORITY CAUCUS BUTROVICH 205 Apr 19 Wednesday 3:30 PM