Legislature(1997 - 1998)
1997-03-11 Senate Journal
Full Journal pdf1997-03-11 Senate Journal Page 0667 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska Fifty-eighth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:03 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Pastor Leon Thompson of Chapel by the Lake Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear God; First of all we give thanks for life and the lives You have given each of us on this floor. We have been given breath and movement, gifts and talents, abilities and tasks. This day may we step up to the challenges that come before each of us. In our conversations and in our deliberations, give us a kind and loving spirit. Give us the ability and courage to stand firm on the issues that are at times tough and almost always controversial. When this day is complete, may we look back upon it and be able to say with a clear conscience, Well Done. Help us to grow and act with wisdom. Where there is need to listen, give us ears to hear. Where there is need to see, give us vision that is clear. Where there is need to speak, give us courage to proclaim the truth as we perceive it. Where there are issues of justice, let us stand boldly. Where there is need to confront, let us do it with a spirit of love, yet not compromising our strong convictions. God, may all the legislators in the Senate and House work for the good of all the people in this great land we call Alaska. We give thanks for their commitment of time, energy and service. 667 1997-03-11 Senate Journal Page 0668 Surround us this day with Your presence and help us to continually call upon Your direction, strength and wisdom in all that we do. We commit this day to You and ask that You would bless what we do. We thank You for Your presence in this world from the beginning of time. Amen. Senator Halford led the Senate in the Pledge of Allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the fifty-seventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Message of March 10 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 24 CS FOR HOUSE JOINT RESOLUTION NO. 24(RES) BY THE HOUSE RESOURCES COMMITTEE, Relating to challenging the environmental and economic integrity of Alaska timber as Christmas decor for the United States Capitol. was read the first time and referred to the Rules Committee. The Judiciary Committee considered the identical resolution (SENATE JOINT RESOLUTION NO. 17) 3/11/97, page 669, and it was referred to the Rules Committee with a do pass. 1997-03-11 Senate Journal Page 0669 FIRST READING AND REFERENCE OF HOUSE BILLS HB 118 HOUSE BILL NO. 118 am BY THE HOUSE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: An Act relating to reporting and other requirements of certain employment accidents; and providing for an effective date. was read the first time and referred to the Labor and Commerce Committee. STANDING COMMITTEE REPORTS SJR 16 The Resources Committee considered SENATE JOINT RESOLUTION NO. 16 Relating to reauthorization and reform of the Endangered Species Act, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 16(RES) Signing do pass: Senator Halford, Chair, Senators Taylor, Leman, Sharp, Green. Zero fiscal note for the resolution and the committee substitute published today from the Resources Committee. The resolution was referred to the Rules Committee. SJR 17 The Judiciary Committee considered SENATE JOINT RESOLUTION NO. 17 Relating to challenging the environmental and economic integrity of Alaska timber as Christmas decor for the United States Capitol. Signing do pass: Senator Taylor, Chair, Senators Miller, Parnell, Pearce. Signing without recommendation: Senator Ellis. Zero fiscal note published today from the Judiciary Committee. 1997-03-11 Senate Journal Page 0670 SJR 17 The resolution was referred to the Rules Committee. (See page 668). SJR 20 The Resources Committee considered SENATE JOINT RESOLUTION NO. 20 Requesting the United States Congress to accommodate Alaskas unique wetlands circumstances by amending the Clean Water Act to modify the wetlands regulatory program and to recognize Alaskas outstanding history of wetlands conservation, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 20(RES) Signing do pass: Senator Halford, Chair, Senators Taylor, Sharp, Green, Leman. Signing no recommendation: Senator Lincoln. Zero fiscal note for the resolution and the committee substitute published today from the Resources Committee. The resolution was referred to the Rules Committee. SB 34 The Community and Regional Affairs Committee considered SENATE BILL NO. 34 An Act giving notice of and approving a lease-purchase agreement with the City of Soldotna for a maintenance facility of the Department of Transportation and Public Facilities. Signing do pass: Senator Mackie, Chair. Signing no recommendation: Senators Phillips, Wilken, Hoffman, Donley. Zero fiscal note published today from Department of Administration. The bill was referred to the Transportation Committee. SB 41 Fiscal note for the Labor and Commerce Committee Substitute (page 191) for SENATE BILL NO. 41 An Act relating to environmental audits and health and safety audits to determine compliance with certain laws, permits, and regulations, published today from Alaska Court System. 1997-03-11 Senate Journal Page 0671 SB 50 The Community and Regional Affairs Committee considered SENATE BILL NO. 50 An Act relating to administrative penalties for violation of public water supply system requirements; amending Alaska Rule of Civil Procedure 82 regarding attorneys fees; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 50(CRA) An Act relating to administrative penalties for violation of public water supply system requirements; amending Rule 602(b), Alaska Rules of Appellate Procedure; and providing for an effective date. Signing no recommendation: Senator Mackie, Chair, Senators Phillips, Wilken, Donley. Signing do pass: Senator Hoffman. Previous zero fiscal notes apply to the committee substitute. The bill was referred to the Judiciary Committee. SB 60 The Judiciary Committee considered SENATE BILL NO. 60 An Act providing for an advisory vote on the issue of capital punishment. Signing do pass: Senator Taylor, Chair, Senators Miller, Pearce, Parnell. Signing do not pass: Senator Ellis. Fiscal notes published today from Department of Law, Department of Corrections, Office of the Governor. President Miller added a Finance Committee referral to the bill. The bill was referred to the Finance Committee. SB 82 The Rules Committee considered SENATE BILL NO. 82 An Act relating to the sale or other disposal of certain state property; and providing for an effective date and recommended it be replaced with 1997-03-11 Senate Journal Page 0672 SB 82 CS FOR SENATE BILL NO. 82(RLS) Signing to calendar and do pass: Senator Kelly, Chair. Signing to calendar: Senators Taylor, Torgerson, Leman. Zero fiscal note for the committee substitute published today from Department of Revenue. Previous indeterminate fiscal notes and zero fiscal notes apply to the committee substitute. The bill is on todays calendar. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 7 SENATE CONCURRENT RESOLUTION NO. 7 BY SENATORS LEMAN, Pearce, Phillips, Relating to the thirty-first annual Boys State. was read the first time and referred to the State Affairs Committee. SCR 8 SENATE CONCURRENT RESOLUTION NO. 8 BY SENATORS LEMAN, Pearce, Phillips, Relating to the twenty-ninth annual Girls State. was read the first time and referred to the State Affairs Committee. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 129 SENATE BILL NO. 129 BY SENATOR DUNCAN, entitled: An Act relating to the employers required savings under the retirement incentive plan; and providing for an effective date. 1997-03-11 Senate Journal Page 0673 SB 129 was read the first time and referred to the State Affairs and Finance Committees. SB 130 SENATE BILL NO. 130 BY SENATOR DUNCAN, entitled: An Act amending the retirement incentive programs for municipalities and school districts; and providing for an effective date. was read the first time and referred to the Community and Regional Affairs and Finance Committees. SB 131 SENATE BILL NO. 131 BY SENATOR ADAMS, entitled: An Act imposing a tax on employment, with the tax proceeds available to support public school construction and major maintenance; and providing for an effective date. was read the first time and referred to the Community and Regional Affairs, Health, Education and Social Services, and Finance Committees. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 82 SENATE BILL NO. 82 An Act relating to the sale or other disposal of certain state property; and providing for an effective date was read the second time. 1997-03-11 Senate Journal Page 0674 SB 82 Senator Taylor moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 671. Senator Pearce objected, then withdrew her objection. There being no further objections, CS FOR SENATE BILL NO. 82(RLS) was adopted and read the second time. Senator Duncan offered Amendment No. 1 : Page 2, line 2, after Authority,: Insert the Alaska Permanent Fund Corporation, Page 2, lines 13-14, after Export Authority,: Insert the Alaska Permanent Fund Corporation, Senator Duncan moved for the adoption of Amendment No. 1. Objections were heard, then withdrawn. There being no further objections, Amendment No. 1 was adopted. Senator Duncan offered Amendment No. 2 : Page 2, line 2, after Authority,: Insert the Alaska State Pension Investment Board, Page 2, lines 13-14, after Export Authority,: Insert the Alaska State Pension Investment Board, Senator Duncan moved for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. Senator Duncan offered Amendment No. 3 : Page 1, line 7, following person: Insert , Page 1, line 8, following agency: Insert or a municipality, Senator Duncan moved for the adoption of Amendment No. 3. Without objection, Amendment No. 3 was adopted. 1997-03-11 Senate Journal Page 0675 SB 82 Senator Taylor 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. 82(RLS) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 82(RLS) am An Act relating to the sale or other disposal of certain state property; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 82(RLS) am Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Hoffman, Lincoln, Mackie, Miller, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Ellis, Halford, Kelly, Leman, Pearce Kelly changed from "Yea" to "Nay". and so, CS FOR SENATE BILL NO. 82(RLS) am passed the Senate. Senator Taylor 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 Duncan gave notice of reconsideration. CITATIONS Honoring - The Iron Dog Gold Rush Classic Representative(s) Masek Senator(s) Green, Halford, R. Phillips, Adams, Kelly, Taylor, Duncan, Pearce, Hoffman, Mackie, Lincoln, Wilken, Leman 1997-03-11 Senate Journal Page 0676 In Memoriam - James Burton Bradley Representative(s) Hudson, Elton Senator(s) Duncan, Adams, Kelly, Taylor, Pearce, Hoffman, Mackie, Lincoln, Green, Halford Senator Taylor moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. UNFINISHED BUSINESS SB 57 Senator Ellis moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 57 An Act relating to longevity bonuses for recipients who are absent from the state for medical treatment; and providing for an effective date. Without objection, it was so ordered. Senator Adams moved and asked unanimous consent that he be excused from a call of the Senate from March 14 through plane time on March 18. Without objection, Senator Adams was excused. Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate from March 18 through March 21. Without objection, Senator Lincoln was excused. Senator Kelly moved and asked unanimous consent that he be excused from a call of the Senate on March 14. Without objection, Senator Kelly was excused. Senator Donley moved and asked unanimous consent that he be excused from a call of the Senate on March 27. Without objection, Senator Donley was excused. ANNOUNCEMENTS Announcements are at the end of the journal. 1997-03-11 Senate Journal Page 0677 ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 12, 1997. Without objection, the Senate adjourned at 11:33 a.m. Nancy Quinto Secretary of the Senate March 1997 1997-03-11 Senate Journal Page 0678 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 COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 MAR 12 WEDNESDAY 1:30 PM + SB 78AHFC FUND: REIMBURSE SR. CIT PROP. TAX MAR 14 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 MAR 11 TUESDAY 9:00 AM + SB 24PARENTAL CONSENT BEFORE MINORS ABORTION SB 41ENVIRONMENTAL & HEALTH/SAFETY AUDITS <BILLS PREVIOUSLY HEARD> MAR 12 WEDNESDAY 9:00 AM SB 67TRUTH IN SENTENCING + SB 35MANAGEMENT OF PARKS & RECREATIONAL AREAS SB 109AGRICULTURAL LAND <BILLS PREVIOUSLY HEARD> MAR 13 THURSDAY 10:00 AM -- TIME CHANGE -- <BILLS PREVIOUSLY HEARD> MAR 14 FRIDAY 9:00 AM SB 83 APPROP: SUPPLEMENTAL <BILLS PREVIOUSLY HEARD> MAR 19 WEDNESDAY 9:00 AM SB 107APPROPRIATIONS: CAPITAL & FUNDS 1997-03-11 Senate Journal Page 0679 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 12 WEDNESDAY 9:00 AM SB 97LEASE-PURCHASE SPRING CREEK CORRECTIONAL SB 102ALIENS AND ASSISTANCE PROGRAMS + HESS SUBCOMMITTEE - WORK SESSION PUBLIC SCHOOL FOUNDATION PROGRAM MAR 14 FRIDAY 9:00 AM + SB 36PUBLIC SCHOOL FUNDING + SB 85PUBLIC SCHOOL FUNDING/CHILD CARE GRANTS <BILLS HELD FROM PREVIOUS MEETINGS> ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAR 12 WEDNESDAY 1:30 PM SB 15CIVIL ARBITRATION AND PUNITIVE DAMAGES <BILLS HELD AND/OR PREVIOUSLY HEARD> MAR 14 FRIDAY 1:30 PM + CONFIRMATION HEARINGS: BOARD OF GOVERNORS OF THE ALASKA BAR JUDICIAL CONDUCT COMMISSION ALASKA WORKERS COMPENSATION BOARD VIOLENT CRIMES COMPENSATION BOARD <BILLS HELD AND/OR PREVIOUSLY HEARD> ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAR 11 TUESDAY 1:00 PM -- TIME CHANGE -- + SB 87ARCHITECTS, ENGINEERS & SURVEYORS + CONFIRMATION HEARINGS: BOARD OF REGISTRATION FOR ARCHITECTS, ENGINEERS & LAND SURVEYORS ABC BOARD BOARD OF PHARMACY MAR 13 THURSDAY 1:30 PM + SB 119FRATERNAL BENEFIT SOCIETIES + SB 92BOARD OF VETERINARY EXAMINERS; LICENSE <ABOVE BILL PREVIOUSLY HEARD> + CONFIRMATION HEARING: BOARD OF CHIROPRACTIC EXAMINERS 1997-03-11 Senate Journal Page 0680 RESOURCES BUTROVICH ROOM 205 MAR 12 WEDNESDAY 3:30 PM + CONFIRMATION HEARING: BOARD OF GAME <PREVIOUSLY SCHEDULED BILLS> MAR 14 FRIDAY 3:30 PM SB 16USE OF F&G FUND/COMMISSIONERS POWERS <PREVIOUSLY SCHEDULED BILLS> ---------------------------------------- RULES FAHRENKAMP RM 203 MAR 11 TUESDAY 10:45 AM SB 14INS:DOMESTIC VIOL. VICTIMS & DISCLOSURES ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAR 11 TUESDAY 3:30 PM + SB 105LEGISLATIVE ETHICS CODE REFORM <BILLS PREVIOUSLY HEARD> MAR 13 THURSDAY 3:30 PM SJR 18CONST. AM: PERM. FUND INCOME & DIVIDEND <BILLS PREVIOUSLY HEARD> ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAR 11 TUESDAY 1:30 PM + SB 27FERRY SYSTEM HEADQUARTERS IN KETCHIKAN OVERVIEW BY PORT OF BELLINGHAM MAR 13 THURSDAY 1:30 PM NO MEETING SCHEDULED 1997-03-11 Senate Journal Page 0681 FINANCE SUBCOMMITTEES ADMINISTRATION BELTZ ROOM 211 MAR 12 WEDNESDAY 8:00 AM + LEGAL & ADVOCACY SERVICES, TAX APPEALS, + ALASKA OIL AND GAS CONSERVATION COMMISSION, + ALASKA PUBLIC OFFICES COMMISSION --ALL OTHER COMPONENTS OF DOA MAY BE CONSIDERED AT THIS MEETING ---------------------------------------- CORRECTIONS FAHRENKAMP RM 203 MAR 21 FRIDAY 1:00 PM + JOINT WITH (H) FINANCE SUBCOMMITTEE ALASKA NATIVE COMMISSION REPORT ---------------------------------------- ECONOMIC DEVELOPMENT FAHRENKAMP RM 203 MAR 11 TUESDAY 8:15 AM JOINT WITH SENATE FINANCE EDUCATION BUDGET SUBCOMMITTEE DEPARTMENT OF EDUCATION: ALASKA VOCATIONAL TECHNICAL CENTER KOTZEBUE TECHNICAL CENTER MT. EDGECUMBE BOARDING SCHOOL MAR 12 WEDNESDAY 3:30 PM SENATE FINANCE 532 JOINT WITH SENATE FINANCE EDUCATION BUDGET SUBCOMMITTEE DEPARTMENT OF EDUCATION: STATE OF ALASKA MUSEUMS TEACHING & LEARNING SUPPORT MAR 13 THURSDAY 8:15 AM JOINT WITH SENATE FINANCE EDUCATION BUDGET SUBCOMMITTEE DEPARTMENT OF EDUCATION: VOCATIONAL REHABILITATION 1997-03-11 Senate Journal Page 0682 FINANCE SUBCOMMITTEES CONTINUED ECONOMIC DEVELOPMENT CONTINUED MAR 13 THURSDAY 3:30 PM FAHRENKAMP ROOM 203 UNIVERSITY OF ALASKA: SMALL BUSINESS DEVELOPMENT CENTER CENTER FOR ECONOMIC DEVELOPMENT/ALASKA CENTER ALASKA CENTER FOR INTERNATIONAL BUSINESS/ AMERICAN RUSSIAN CENTER WORLD TRADE CENTER ALASKA COLLEGE OF RURAL ALASKA ---------------------------------------- EDUCATION FAHRENKAMP RM 203 MAR 11 TUESDAY 8:15 AM JOINT WITH SENATE FINANCE ECONOMIC DEVELOPMENT SUBCOMMITTEE: KOTZEBUE TECHNICAL CENTER AVTECH MT. EDGECUMBE BOARDING SCHOOL MAR 12 WEDNESDAY 3:30 PM SENATE FINANCE 532 JOINT WITH SENATE FINANCE ECONOMIC DEVELOPMENT BUDGET SUBCOMMITTEE: STATE OF ALASKA MUSEUMS TEACHING & LEARNING SUPPORT MAR 13 THURSDAY 8:15 AM JOINT WITH SENATE FINANCE ECONOMIC DEVELOPMENT BUDGET SUBCOMMITTEE: VOCATIONAL REHABILITATION ---------------------------------------- HEALTH & SOCIAL SERVICES FAHRENKAMP RM 205 MAR 12 WEDNESDAY 7:30 AM OVERVIEW OF ALCOHOL & DRUG ABUSE SERVICES, MENTAL HEALTH & DEVELOPMENTAL DISABILITIES MAR 14 FRIDAY 7:30 AM SENATE FINANCE 532 JOINT WITH HOUSE BUDGET SUBCOMMITTEE MENTAL HEALTH TRUST AUTHORITY: COMPREHENSIVE MENTAL HEALTH PROGRAM 1997-03-11 Senate Journal Page 0683 FINANCE SUBCOMMITTEES CONTINUED INFORMATION TECHNOLOGY BELTZ ROOM 211 MAR 13 THURSDAY 1:30 PM DEPARTMENT OF HEALTH & SOCIAL SERVICES OVERVIEW ---------------------------------------- LABOR HOUSE FINANCE 519 MAR 14 FRIDAY 8:00 AM JOINT WITH (H) FINANCE SUBCOMMITTEE FY 98 OPERATING BUDGET ---------------------------------------- LAW SENATE FINANCE 532 MAR 11 TUESDAY 3:30 PM + FY 98 DEPT OF LAW BUDGET, ALL BRUS ---------------------------------------- NATURAL RESOURCES BUTROVICH ROOM 205 MAR 13 THURSDAY 8:00 AM DEPARTMENT OF NATURAL RESOURCES WORK SESSION; CONTINUED OVERVIEW OF THE DIVISION OF PARKS AND AGRICULTURE MAR 18 TUESDAY 8:00 AM DEPARTMENT OF NATURAL RESOURCES CLOSEOUT MAR 20 THURSDAY 8:00 AM DEPARTMENT OF NATURAL RESOURCES CLOSEOUT ---------------------------------------- REVENUE SENATE FINANCE 532 MAR 13 THURSDAY 8:00 AM FY 98 DEPT OF REVENUE BUDGET, AHFC ---------------------------------------- 1997-03-11 Senate Journal Page 0684 FINANCE SUBCOMMITTEES CONTINUED UNIVERSITY OF ALASKA BELTZ ROOM 211 MAR 12 WEDNESDAY 3:30 PM + JOINT WITH (H) SUBCOMMITTEE ---------------------------------------- WELFARE REFORM SENATE FINANCE 532 MAR 13 THURSDAY 4:00 PM WELFARE REFORM OVERSIGHT OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH ROOM 205 MAR 12 WEDNESDAY 12:00 PM VICTIMS OF SEXUAL ABUSE SPEAK OUT MAR 26 WEDNESDAY 12:00 PM ALASKA BAPTIST FAMILY SERVICES ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM 205 MAR 11 TUESDAY 11:40 AM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 MAR 11 TUESDAY 12:00 PM JOINT WITH (H) MINORITY