Legislature(1999 - 2000)
2000-04-26 Senate Journal
Full Journal pdf2000-04-26 Senate Journal Page 3509 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE - SECOND SESSION Juneau, Alaska One Hundred Eighth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:31 a.m. The roll showed eighteen members present. Senators Parnell, Pete Kelly were absent. The prayer was offered by the Chaplain, Minister Robert Taverner of the Church of Christ. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Father in heaven, we ask today that You strengthen our families and our children. Help us to find renewed strength toward a future that will bring families closer together. Give each member of the Senate strength and bless their families as they dedicate time to make decisions for our government. We ask for Your wisdom and direction. Show us the way toward this goal. Give each Senator wisdom for this day that they may do Your will. We thank You for being in our lives. We thank You for our freedom. We thank You for loving us and caring for us. In Jesus Name, Amen. Senator Adams led the Senate in the Pledge of Allegiance. 3509 2000-04-26 Senate Journal Page 3510 Certification Senator Mackie moved and asked unanimous consent that the journal for the one hundred seventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House SCR 21 Message dated April 25 was read, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 21 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 335, 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 2000-04-26 Senate Journal Page 3511 SCR 21 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 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. The resolution was referred to the Secretary for enrollment. HB 37 Message dated April 25 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 37(FIN), thus adopting: 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. HB 116 Message dated April 25 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 116(FIN), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 116(RES) 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. 2000-04-26 Senate Journal Page 3512 HB 272 Message dated April 25 was read, stating the House concurred in the Senate amendment to HOUSE BILL NO. 272, thus adopting: SENATE CS FOR HOUSE BILL NO. 272(RLS) 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. HB 303 Message dated April 25 was read, stating the House concurred in the Senate amendment to 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 thus adopting: 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) 2000-04-26 Senate Journal Page 3513 HB 304 Message dated April 25 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 304(FIN) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 304(FIN) 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. HB 331 Message dated April 25 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 331(MLV), thus adopting: 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. HB 335 Message dated April 25 was read, stating the House concurred in the Senate amendment to 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 2000-04-26 Senate Journal Page 3514 HB 335 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 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 thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 335(FIN)(title am S) 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, 2000-04-26 Senate Journal Page 3515 HB 335 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 and repayment of refunded contributions in that system; 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; and relating to calculation of years of service and of benefits under the public employees retirement system for noncertificated employees of certain educational employers. (Title change authorized by SCR 21) SB 235 Message dated April 25 was read, stating the House respectfully requests the return of: CS FOR SENATE BILL NO. 235(FIN) An Act authorizing the exchange of land between the Alaska Railroad Corporation and Eklutna, Inc., between the Alaska Railroad Corporation and the United States Department of the Army and the United States Department of the Air Force, between the Alaska Railroad Corporation and Chugach Alaska Corporation, and between the Alaska Railroad Corporation and the Municipality of Anchorage; authorizing the transfer of land between Alaska Railroad mileposts 133 and 134 from the Alaska Railroad Corporation to certain named 2000-04-26 Senate Journal Page 3516 SB 235 individuals; relating to transfers of public land or grants or conveyances of interest in public land among the Alaska Railroad Corporation, the Department of Transportation and Public Facilities, and the Department of Natural Resources to relocate or widen the Seward Highway, to relocate railroad facilities, and to relocate adjacent utility facilities from Potter Station to Girdwood; and providing for an effective date. CS FOR SENATE BILL NO. 235 (FIN) was returned to the House on April 25. The presence of Senator Pete Kelly was noted. SB 207 Message dated April 25 was read, stating the House passed and returned for consideration SENATE BILL NO. 207 An Act relating to the establishment and enforcement of medical support orders for children; and providing for an effective date with the following amendment: HOUSE CS FOR SENATE BILL NO. 207(RLS) An Act relating to the establishment and enforcement of medical support orders for children; amending Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date. (technical title change) Senator Mackie moved that the Senate concur in the House amendment and recommended the body vote no. The question being: Shall the Senate concur in the House amendment? The roll was taken with the following result: 2000-04-26 Senate Journal Page 3517 SB 207 HCS SB 207(RLS) Shall the Senate concur in the House amendment to SB 207? YEAS: 0 NAYS: 19 EXCUSED: 0 ABSENT: 1 Nays: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Absent: Parnell and so, the Senate failed to concur. The Secretary was requested to notify the House of the Senates action and request the House to recede from its amendment. In the event the House fails to recede, the President appointed a Conference Committee to meet with a like committee from the House to consider the bills: Senator Green, Chair Senator Taylor Senator Elton Standing Committee Reports HB 419 The Finance 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 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; 2000-04-26 Senate Journal Page 3518 HB 419 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(FIN) Signing do pass: Senators Torgerson, Parnell, Cochairs, Senators Wilken, Donley. Signing no recommendation: Senators Green, Pete Kelly, Leman. Signing do pass if amended: Senator Phillips. Fiscal note published today from Office of the Governor. Previous House fiscal note. The bill was referred to the Rules Committee. Recess Senator Tim Kelly moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 11:38 a.m. After Recess The Senate reconvened at 3:07 p.m. The presence of Senator Parnell was noted. 2000-04-26 Senate Journal Page 3519 Standing Committee Reports Continued HB 419 The Rules 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 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. Signing to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays calendar. HB 191 The Rules Committee considered CS FOR HOUSE BILL NO. 191(FIN) An Act relating to charter schools. Signing to calendar: Senator Tim Kelly, Chair, Senators Ellis, Miller, Leman, Pearce. The bill is on todays first supplemental calendar. 2000-04-26 Senate Journal Page 3520 HB 339 The Rules 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 to calendar: Senator Tim Kelly, Chair, Senators Miller, Leman, Pearce. Signing under other recommendations: Senator Ellis. The bill is on todays first supplemental calendar. Special Committee Reports HB 67 The following report was received and distributed at 11:31 a.m., April 26, 2000. April 26, 2000 Madam President: Mr. Speaker: The CONFERENCE COMMITTEE with limited powers of free conference considered CS FOR HOUSE BILL NO. 67(JUD) am An Act relating to release of certain persons alleged to have committed certain sexual offenses and SENATE CS FOR CS FOR HOUSE BILL NO. 67(JUD) and recommends CONFERENCE CS FOR HOUSE BILL NO. 67 be adopted. Previous indeterminate fiscal note, from Department of Corrections, applies to the conference committee substitute. Signing the report: Senator Taylor, Chair, Senator Ellis. Representative Rokeberg, Chair, Representatives Murkowski, Kerttula. Senator Mackie moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO.67. 2000-04-26 Senate Journal Page 3521 HB 67 The question being: Shall the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 67 An Act relating to release of certain persons alleged to have committed certain sexual offenses? The roll was taken with the following result: CCSHB 67 Adopt Conference Committee Report? 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 report was adopted. The Secretary was requested to notify the House. SCR 1 The following report was received and distributed April 26, 2000. April 26, 2000 Madam President: Mr. Speaker: Under Rule 42(a), Uniform Rules of the Alaska Legislature, the conference committee appointed to resolve the differences between SENATE CONCURRENT RESOLUTION NO. 1 and HOUSE CS FOR SENATE CONCURRENT RESOLUTION NO. 1(RLS), requests that you grant powers of free conference to resolve differences between the two versions of the resolution that cannot be resolved by negotiation based on the language of the respective versions. This request is made based on: 2000-04-26 Senate Journal Page 3522 SCR 1 (1) the differing titles of the respective versions: Senate: SENATE CONCURRENT RESOLUTION NO. 1 Suspending provisions of Rule 1(e), Uniform Rules of the Alaska State Legislature, relating to proportional minority membership on standing committees as it applies to the Senate Finance Committee during the Twenty-First Alaska State Legislature. House: HOUSE CS FOR SENATE CONCURRENT RESOLUTION NO. 1(RLS) Relating to the Task Force on Motorized Oil Transport. Indicative of the widely different content of the respective versions; and (2) House adoption of House Concurrent Resolution No. 27 to waive the provisions of Uniform Rule 35 in order to admit new material in the House-approved version of SENATE CONCURRENT RESOLUTION NO. 1. The differences cannot be resolved without powers of free conference. Signing the report: Senator Pearce, Chair; Representative Barnes, Chair. President Pearce granted the Senate members powers of free conference as requested. The Secretary was requested to notify the House. 2000-04-26 Senate Journal Page 3523 Consideration of the Calendar Second Reading of House Bills HB 419 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 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 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 3518. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 419(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. 419(FIN) was read the third time. 2000-04-26 Senate Journal Page 3524 HB 419 The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 419(FIN) 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 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 pass the Senate? The roll was taken with the following result: SCS CSHB 419(FIN) 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. 419(FIN) passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered. Senator Mackie gave notice of reconsideration. 2000-04-26 Senate Journal Page 3525 HB 447 Senator Mackie moved and asked unanimous consent that CS FOR HOUSE BILL NO. 447(FIN) be placed after SENATE CS FOR CS FOR HOUSE BILL NO. 446(FIN) on the calendar. Senator Pearce objected, then withdrew her objection. There being no further objections, it was so ordered. House Bills in Third Reading HB 446 SENATE CS FOR CS FOR HOUSE BILL NO. 446(FIN) which had been held in third reading (page 3502) was before the Senate. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 446(FIN) 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 pass the Senate? The roll was taken with the following result: SCS CSHB 446(FIN) Third Reading - Final Passage Effective Dates YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Donley, Green, Halford, Phillips and so, SENATE CS FOR CS FOR HOUSE BILL NO. 446(FIN) passed the Senate. Senator Mackie moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered. Senator Mackie gave notice of reconsideration. 2000-04-26 Senate Journal Page 3526 Third Reading of House Bills HB 447 CS FOR HOUSE BILL NO. 447(FIN) am, which had been moved down the calendar (page 3525), was read the third time. The question being: Shall 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 pass the Senate? The roll was taken with the following result: CSHB 447(FIN) am Third Reading - Final Passage YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Lincoln, Mackie, Miller, Pearce, Taylor, Torgerson, Ward Nays: Donley, Green, Halford, Leman, Parnell, Phillips, Wilken and so, CS FOR HOUSE BILL NO. 447(FIN) am passed the Senate. Senator Mackie moved the effective date clauses. The question being: Shall the effective date clauses be adopted? The roll was taken with the following result: CSHB 447(FIN) am Effective Date Clauses YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Phillips and so, the effective date clauses were adopted. 2000-04-26 Senate Journal Page 3527 HB 447 Senator Mackie moved that the constitutional budget reserve fund section be adopted. The question being: Shall the constitutional budget reserve fund section (Article IX, Section 17(c), Constitution of the State of Alaska) be adopted? The roll was taken with the following result: CSHB 447(FIN) am Constitutional Budget Reserve Fund YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Lincoln, Mackie, Miller, Taylor, Ward Nays: Donley, Green, Halford, Leman, Parnell, Pearce, Phillips, Torgerson, Wilken and so, the constitutional budget reserve fund section failed. Senator Mackie gave notice of reconsideration. Citations Honoring - Representative Ben Grussendorf Representative(s) Berkowitz Senator(s) Pearce, Mackie, Lincoln, Taylor, Phillips, Tim Kelly, Green, Pete Kelly, Wilken, Adams, Hoffman, Donley, Elton, Ellis, Ward, Parnell, Leman, Torgerson, Miller, Halford Honoring - Frank M. Reed, Sr. Representative(s) Berkowitz Senator(s) Pearce, Phillips, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Wilken, Adams, Hoffman, Donley, Lincoln, Elton, Parnell, Leman, Halford 2000-04-26 Senate Journal Page 3528 Honoring - The Frontiersman Newspaper Representative(s) Ogan, Kohring, Masek Senator(s) Halford, Green, Phillips, Pearce, Mackie, Tim Kelly, Pete Kelly, Taylor, Wilken, Adams, Hoffman, Lincoln, Elton, Parnell, Leman Honoring - Mt. Edgecumbe Lady Braves Representative(s) Grussendorf Senator(s) Taylor, Pearce, Mackie, Lincoln, Tim Kelly, Green, Pete Kelly, Wilken, Adams, Hoffman, Elton, Parnell, Leman, Halford In Memoriam - Hazel Ann Kelly Senator(s) Pete Kelly, Pearce, Mackie, Tim Kelly, Green, Taylor, Wilken, Adams, Hoffman, Lincoln, Elton, Parnell, Leman, Halford In Memoriam - Edward S. Levy Representative(s) Berkowitz Senator(s) Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Wilken, Adams, Hoffman, Donley, Lincoln, Elton, Ellis, Parnell, Halford In Memoriam - Suzanne Weller Representative(s) Berkowitz Senator(s) Pearce, Mackie, Tim Kelly, Green, Pete Kelly, Taylor, Wilken, Adams, Hoffman, Donley, Lincoln, Elton, Parnell, 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 first supplemental calendar be adopted. Without objection, it was so ordered. 2000-04-26 Senate Journal Page 3529 Consideration of the First Supplemental Calendar Second Reading of House Bills HB 339 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 was read the second time. Senator Mackie moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 339(FIN) was read the third time. The question being: Shall 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 pass the Senate? The roll was taken with the following result: CSHB 339(FIN) Third Reading - Final Passage YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Hoffman, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Halford, Kelly Pete and so, CS FOR HOUSE BILL NO. 339(FIN) passed the Senate. Senator Mackie gave notice of reconsideration. 2000-04-26 Senate Journal Page 3530 House Bills in Second Reading HB 191 SENATE CS FOR CS FOR HOUSE BILL NO. 191(FIN) am S An Act relating to charter schools which had been returned to the Rules Committee (page 3365) was before the Senate in second reading. 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. 191(FIN) am S was read the third time. The question being: Shall SCS CSHB 191(FIN) am S An Act relating to charter schools pass the Senate? The roll was taken with the following result: SCS CSHB 191(FIN) am S Third Reading - Final Passage YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Lincoln and so, SENATE CS FOR CS FOR HOUSE BILL NO. 191(FIN) am S passed the Senate. Senator Mackie gave notice of reconsideration. 2000-04-26 Senate Journal Page 3531 Unfinished Business HB 311 Senator Halford, Chair, moved and asked unanimous consent that the Resources Committee referral be waived on CS FOR HOUSE BILL NO. 311(JUD) An Act eliminating a requirement that a social security number be provided by an applicant for a hunting or sport fishing license or tag; and providing for an effective date. Without objection, the bill was referred to the Finance Committee. HB 98 Senator Mackie moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 98(FIN) am S An Act relating to contracts for the provision of state public assistance to certain recipients in the state; providing for regional public assistance plans and programs in the state; relating to grants for Alaska Native family assistance programs; relating to assignment of child support by Alaska Native family assistance recipients; to paternity determinations and genetic testing involving recipients of assistance under Alaska Native family assistance programs; and providing for an effective date be held on reconsideration to April 27. Without objection, it was so ordered. HB 108 Senator Mackie moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 108(FIN) An Act relating to the use, operation, and regulation of boats; establishing a uniform state waterway marking system; and providing for an effective date be held on reconsideration to April 27. Without objection, it was so ordered. HB 211 Senator Mackie moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 211(FIN) An Act relating to regulation of managed care insurance plans; amending Rule 602, Alaska Rules of Appellate Procedure; and providing for an effective date be held on reconsideration to April 27. Without objection, it was so ordered. 2000-04-26 Senate Journal Page 3532 HB 259 Senator Mackie moved and asked unanimous consent that CS FOR HOUSE BILL NO. 259(FIN) An Act relating to eligibility to be represented by the public defender before and during the probable cause and temporary placement hearing that is held after the state takes emergency custody of a child be held on reconsideration to April 27. Without objection, it was so ordered. HB 291 Senator Mackie moved and asked unanimous consent that CS FOR HOUSE BILL NO. 291(STA) An Act relating to the giving of certain state agency notices be held on reconsideration to April 27. Without objection, it was so ordered. HB 296 Senator Mackie moved and asked unanimous consent that 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 be held on reconsideration to April 27. Without objection, it was so ordered. HB 317 Senator Mackie moved and asked unanimous consent that 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 be held on reconsideration to April 27. Without objection, it was so ordered. HB 320 Senator Mackie moved and asked unanimous consent that 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 2000-04-26 Senate Journal Page 3533 HB 320 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 be held on reconsideration to April 27. Without objection, it was so ordered. HB 344 Senator Mackie moved and asked unanimous consent that 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 be held on reconsideration to April 27. Without objection, it was so ordered. HB 372 Senator Mackie moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 372(JUD) am S An Act relating to criminal sentencing and restitution be held on reconsideration to April 27. Without objection, it was so ordered. HB 432 Senator Mackie moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 432(FIN) An Act extending the termination date of the Board of Storage Tank Assistance; expanding the authority of the board to issue recommendations concerning cleanup decisions; relating to the eligibility of certain nonprofit entities for financial assistance under the tank cleanup grant program and the tank upgrading and closure program; and providing for an effective date be held on reconsideration to April 27. Without objection, it was so ordered. 2000-04-26 Senate Journal Page 3534 HB 445 Senator Mackie moved and asked unanimous consent that CS FOR HOUSE BILL NO. 445(RLS) am An Act relating to a rural school construction and planned maintenance pilot program; and providing for an effective date be held on reconsideration to April 27. Without objection, it was so ordered. HB 324 The reconsideration 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 was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 325 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 325(FIN) An Act relating to priorities, claims, and liens for payment for certain medical services provided to medical assistance recipients; and providing for an effective date was not taken up this legislative day and the bill was referred to the Secretary for engrossment. HB 363 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 363(FIN) An Act relating to salmon product reports and to the sale of fish; and providing for an effective date was not taken up this legislative day and the bill was referred to the Secretary for engrossment. HB 398 The reconsideration on CS FOR HOUSE BILL NO. 398(JUD) An Act relating to the Alaska Life and Health Insurance Guaranty Association was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. 2000-04-26 Senate Journal Page 3535 Reconsideration of House Bills HB 414 Senator Mackie requested that the reconsideration on CS FOR HOUSE BILL NO. 414(O&G) am S be taken up. The bill was before the Senate on reconsideration. Senator Leman moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Without objection, the bill was returned to second reading. Senator Leman offered Amendment No. 3 : Page 2, line 22, following AS 08.02.011: Insert and has professional experience in the field of petroleum geology Senator Leman moved for the adoption of Amendment No. 3. Senator Halford objected, then withdrew his objection. There being no further objections, Amendment No. 3 was adopted. CS FOR HOUSE BILL NO. 414(O&G) am S was automatically in third reading. The question to be reconsidered: Shall CS FOR HOUSE BILL NO. 414(O&G) am S 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 pass the Senate? The roll was taken with the following result: CSHB 414(O&G) am S Third Reading - On Reconsideration Effective Date YEAS: 14 NAYS: 5 EXCUSED: 0 ABSENT: 1 Yeas: Donley, Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Adams, Ellis, Elton, Hoffman, Lincoln Absent: Parnell 2000-04-26 Senate Journal Page 3536 HB 414 and so, CS FOR HOUSE BILL NO. 414(O&G) 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 clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. Engrossment HB 325 SENATE CS FOR CS FOR HOUSE BILL NO. 325(FIN) An Act relating to priorities, claims, and liens for payment for certain medical services provided to medical assistance recipients; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 363 SENATE CS FOR CS FOR HOUSE BILL NO. 363(FIN) An Act relating to salmon product reports and to the sale of fish; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 414 CS FOR HOUSE BILL NO. 414(O&G) am S 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 was engrossed, signed by the President and Secretary and returned to the House for consideration. 2000-04-26 Senate Journal Page 3537 Enrollment SB 193 CS FOR SENATE BILL NO. 193(FIN) An Act relating to the payment of wages and claims for the payment of wages was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 12:35 p.m., April 26, 2000. SB 275 CS FOR SENATE BILL NO. 275(HES) An Act relating to the school year for purposes of the postsecondary student loan program; and providing for an effective date was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 12:35 p.m., April 26, 2000. Adjournment Senator Mackie moved and asked unanimous consent that the Senate stand in adjournment until 12:00 p.m., April 27, 2000. Without objection, the Senate adjourned at 4:08 p.m. Heidi Vogel Secretary of the Senate April 2000 2000-04-26 Senate Journal Page 3538 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 26 Wednesday 9:00 AM SB 298PAY RAISE FOR NON-UNION STATE EMPLOYEES = HB 419WORKERS COMPENSATION Bills Previously Heard/Scheduled Apr 27 Thursday 9:00 AM Bills Previously Heard/Scheduled ---------------------------------------- RESOURCES BUTROVICH 205 Apr 26 Wednesday 3:00 PM -- Meeting Canceled -- + HB 311NO SOC SEC. # REQD ON HUNT/FISH LICENSE Bills Previously Heard/Scheduled ---------------------------------------- RULES FAHRENKAMP 203 Apr 26 Wednesday 11:45 AM = HB 191CHARTER SCHOOLS HB 419WORKERS COMPENSATION 2000-04-26 Senate Journal Page 3539 JOINT COMMITTEES CONFERENCE COMMITTEE ON SCR 1 BUTROVICH 205 Apr 26 Wednesday 10:00 AM SCR 1MOTORIZED OIL TRANSPORT TASK FORCE Apr 26 Wednesday 5:45 PM = SCR 1MOTORIZED OIL TRANSPORT TASK FORCE ---------------------------------------- CONFERENCE COMMITTE ON SJR 34 BUTROVICH 205 Apr 26 Wednesday 1:00 PM -- Meeting Canceled -- SJR 34CONST AM: CONFIRMATION OF PUBLIC CORP BD ---------------------------------------- CONFERENCE COMMITTEE ON HB 67 CAPITOL 17 Apr 26 Wednesday 10:00 AM HB 67BAIL HEARING FOR SEX OFFENDERS ---------------------------------------- CONFERENCE COMMITTEE ON SB 207 FAHRENKAMP 203 Apr 26 Wednesday 4:15 PM SB 207MEDICAL SUPPORT ORDERS FOR CHILDREN ---------------------------------------- CONFERENCE COMMITTEE ON SB 248 BUTROVICH 205 Apr 26 Wednesday 1:00 PM -- Meeting Canceled -- = SB 248AIDEA: BONDS & RURAL DEVELOPMENT ---------------------------------------- 2000-04-26 Senate Journal Page 3540 CONFERENCE COMMITTEE ON HB 312 & HB 313 SENATE FINANCE 532 Apr 26 Wednesday 10:00 AM = HB 312APPROPRIATIONS: OPERATING BUDGET = HB 313APPROPRIATIONS: MENTAL HEALTH Apr 27 Thursday 10:00 AM = HB 312APPROPRIATIONS: OPERATING BUDGET = HB 313APPROPRIATIONS: MENTAL HEALTH Apr 28 Friday 10:00 AM = HB 312APPROPRIATIONS: OPERATING BUDGET = HB 313APPROPRIATIONS: MENTAL HEALTH Apr 29 Saturday 10:00 AM = HB 312APPROPRIATIONS: OPERATING BUDGET = HB 313APPROPRIATIONS: MENTAL HEALTH ---------------------------------------- LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 Apr 26 Wednesday 2:00 PM Department of Ed & Early Development Commissioner Richard Cross