Legislature(1997 - 1998)
1997-03-19 Senate Journal
Full Journal pdf1997-03-19 Senate Journal Page 0777 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska Sixty-sixth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:04 a.m. The roll showed nineteen members present. Senator Lincoln was excused from a call of the Senate. The prayer was offered by the Chaplain, The Reverend Larry Olsen of the Eagle Wings Community Church. Senator Kelly led the Senate in the Pledge of Allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the sixty-fifth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. COMMUNICATIONS The following report is on file in the Office of the Secretary of the Senate: Annual Report on the Constitutional Budget Reserve Fund from Wilson Condon, Commissioner, Department of Revenue in accordance with AS 37.10.430(b) 777 1997-03-19 Senate Journal Page 0778 STANDING COMMITTEE REPORTS Reports dated March 18 were read stating: The Senate Labor and Commerce Committee reviewed the following with regard to confirmation of the Governors appointments: Board of Dental Examiners Dr. James Arneson - Kodiak Dr. James Clark - Anchorage State Physical Therapy and Occupational Therapy Board Dee Berline - Anchorage Signing the reports: Senator Leman, Chair, Senators Mackie, Miller, Kelly. Reports dated March 18 were read stating: The Senate Labor and Commerce Committee reviewed the following with regard to confirmation of the Governors appointments: State Physical Therapy and Occupational Therapy Board Dr. Cary S. Keller - Fairbanks Lawrence Seethaler - Anchorage Signing the reports: Senator Leman, Chair, Senators Mackie, Miller, Kelly. Senator Leman further signed: Confirm SCR 7 The State Affairs Committee considered SENATE CONCURRENT RESOLUTION NO. 7 Relating to the thirty-first annual Boys State. Signing do pass: Senator Green, Chair, Senators Duncan, Mackie, Ward. Zero fiscal note published today from the Senate State Affairs Committee. The resolution was referred to the Rules Committee. 1997-03-19 Senate Journal Page 0779 SCR 8 The State Affairs Committee considered SENATE CONCURRENT RESOLUTION NO. 8 Relating to the twenty-ninth annual Girls State. Signing do pass: Senator Green, Chair, Senators Duncan, Mackie, Ward. Zero fiscal note published today from the Senate State Affairs Committee. The resolution was referred to the Rules Committee. SJR 22 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 22 Inviting the United States Department of Defense to select Alaska as the site to base and train military troops. Signing do pass: Senator Green, Chair, Senators Duncan, Mackie, Ward. Zero fiscal note published today from the Senate State Affairs Committee. The resolution was referred to the Rules Committee. SB 27 The Transportation Committee considered SENATE BILL NO. 27 An Act relating to the relocation to Ketchikan of certain offices, functions, and employees of the Alaska marine highway system. Signing no recommendation: Senator Ward, Chair, Senators Wilken, Green. Fiscal note published today from Department of Transportation and Public Facilities. The bill was referred to the State Affairs Committee. 1997-03-19 Senate Journal Page 0780 SB 48 The Health, Education and Social Services Committee considered SENATE BILL NO. 48 An Act making appropriations for the operating expenses of the states integrated comprehensive mental health program; and providing for an effective date. Signing do pass: Senator Wilken, Chair, Senators Ellis, Green. Signing no recommendation: Senator Ward. The bill was referred to the Finance Committee. SB 91 The Labor and Commerce Committee considered SENATE BILL NO. 91 An Act relating to the regulation of physical therapists and physical therapy assistants; extending the termination date of the State Physical Therapy and Occupational Therapy Board; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 91(L&C), entitled: An Act relating to the regulation of physical therapists, physical therapy assistants, occupational therapists, and occupational therapy assistants; extending the termination date of the State Physical Therapy and Occupational Therapy Board; and providing for an effective date. Signing do pass: Senator Leman, Chair, Senators Kelly, Mackie, Miller. Zero fiscal note for the bill and the committee substitute published today from Department of Commerce and Economic Development. The bill was referred to the State Affairs Committee. 1997-03-19 Senate Journal Page 0781 SB 97 The Health, Education and Social Services Committee considered SENATE BILL NO. 97 An Act giving notice of and approving a lease-purchase agreement with the City of Seward for the construction and operation of an addition to the Spring Creek Correctional Center, and setting conditions and limitations on the facilitys construction and operation. Signing no recommendation: Senator Wilken, Chair, Senators Ward, Leman, Ellis. Signing do pass: Senator Green. Fiscal notes published today from Department of Corrections, Department of Revenue. The bill was referred to the Finance Committee. SB 115 The Labor and Commerce Committee considered SENATE BILL NO. 115 An Act repealing certain requirements relating to posting and reporting of prices paid for salmon. Signing do pass: Senator Leman, Chair, Senators Mackie, Miller, Kelly. Zero fiscal note published today from Department of Fish and Game. The bill was referred to the Rules Committee. HCR 8 The State Affairs Committee considered HOUSE CONCURRENT RESOLUTION NO. 8 Creating the Deferred Maintenance Task Force. Signing do pass: Senator Green, Chair. Signing no recommendation: Senators Duncan, Ward. Signing amend: Senator Mackie. Previous House zero fiscal note. The resolution was referred to the Rules Committee. 1997-03-19 Senate Journal Page 0782 SB 41 The Rules Committee considered SENATE BILL NO. 41 An Act relating to environmental audits and health and safety audits to determine compliance with certain laws, permits, and regulations. Signing to calendar and do pass: Senator Kelly, Chair, Senator Leman. Signing to calendar: Senators Taylor, Torgerson. Signing no recommendation: Senator Duncan. The bill is on todays calendar. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 142 SENATE BILL NO. 142 BY SENATORS TORGERSON, Phillips, entitled: An Act relating to formation of and taxation in regional educational attendance areas; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 143 SENATE BILL NO. 143 BY THE SENATE RULES COMMITTEE, entitled: An Act relating to education benefits for members of the Alaska National Guard, Alaska Naval Militia, or Alaska Territorial Guard. was read the first time and referred to the State Affairs Committee. SB 144 SENATE BILL NO. 144 BY SENATORS KELLY, Ellis, entitled: 1997-03-19 Senate Journal Page 0783 SB 144 An Act providing for the issuance of general obligation bonds in the amount of $38,800,000 for the purpose of paying the cost of design and construction of a library at the University of Alaska, Anchorage; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 145 SENATE BILL NO. 145 BY SENATOR LEMAN, entitled: An Act revising the procedures and authority of the Alaska Commercial Fisheries Entry Commission, the Board of Fisheries, and the Department of Fish and Game to establish a moratorium on participants or vessels, or both, participating in certain fisheries; and providing for an effective date. was read the first time and referred to the Resources Committee. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 41 SENATE BILL NO. 41 An Act relating to environmental audits and health and safety audits to determine compliance with certain laws, permits, and regulations was read the second time. Senator Sharp moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 766. Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 41(FIN) An Act relating to environmental audits to determine compliance with certain laws, permits, and regulations was adopted and read the second time. 1997-03-19 Senate Journal Page 0784 SB 41 Senator Duncan offered Amendment No. 1 : On page 7, delete lines 21 and 22 and replace with the following: (b) A party claiming the privilege has the burden of establishing that the documents or communications claimed to be privileged do not come within the exceptions listed in (a) (1)-(4) of this section. (c) A party seeking disclosure under (a) (5) of this section has the burden of establishing the exception applies. Senator Duncan moved for the adoption of Amendment No. 1. Objections were heard. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSSB 41(FIN) Second Reading Amendment No. 1 YEAS: 4 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman Nays: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Lincoln and so, Amendment No. 1 failed. Senator Duncan offered Amendment No. 2 : Page 6, line 6: Following AS 09.24.450 for: Insert: objective facts and 1997-03-19 Senate Journal Page 0785 SB 41 Senator Duncan 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: CSSB 41(FIN) Second Reading Amendment No. 2 YEAS: 4 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman Nays: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Lincoln and so, Amendment No. 2 failed. 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. 41(FIN) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 41(FIN) An Act relating to environmental audits to determine compliance with certain laws, permits, and regulations pass the Senate? The roll was taken with the following result: CSSB 41(FIN) Third Reading - Final Passage YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Hoffman, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis Excused: Lincoln 1997-03-19 Senate Journal Page 0786 SB 41 and so, CS FOR SENATE BILL NO. 41(FIN) passed the Senate. Senator Duncan gave notice of reconsideration. CITATIONS Honoring - Karen Ann Maudal Senator(s) Ward, Torgerson, Lincoln, Leman, Hoffman, Duncan, Parnell, Pearce, Mackie, Green Honoring - Steven Jimerfield, Trooper of the Year Senator(s) Taylor, Lincoln, Leman, Hoffman, Kelly, Duncan, Parnell, Wilken, Pearce, Donley, Mackie, Green Representative(s) Grussendorf 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. Senator Taylor moved and asked unanimous consent to return to Messages from the House. Without objection, the Senate returned to: MESSAGES FROM THE HOUSE Message of March 19 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 58 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: 1997-03-19 Senate Journal Page 0787 HB 58 An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and amending Rule 511, Alaska Rules of Appellate Procedure. was read the first time and referred to the Finance Committee. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 146 SENATE BILL NO. 146 BY SENATOR WILKEN, entitled: An Act relating to the public school funding program; relating to the definition of a school district, to the transportation of students, to school district layoff plans, to the special education service agency, to the child care grant program, and to compulsory attendance in public schools; imposing a school tax in the unorganized borough; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Finance Committees. UNFINISHED BUSINESS SJR 3 Senators Sharp, Leman, Green, Ward, Miller moved and asked unanimous consent that they be shown as cosponsors on SENATE JOINT RESOLUTION NO. 3 Proposing an amendment to the Constitution of the State of Alaska limiting the rights of prisoners to those required under the Constitution of the United States. Without objection, it was so ordered. 1997-03-19 Senate Journal Page 0788 SB 10 The message on SENATE BILL NO. 10 An Act naming Mountain View Road in Gustavus and SENATE BILL NO. 10 am H An Act naming Jerrys Way in Gustavus was returned to the House today. Senator Parnell moved and asked unanimous consent that he be excused from a call of the Senate from 1:00 p.m. on March 21 through evening plane time March 23. Without objection, Senator Parnell was excused. ANNOUNCEMENTS Announcements are at the end of the journal. ENROLLMENT SJR 13 SENATE JOINT RESOLUTION NO. 13 Relating to RS 2477 rights- of-way, 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 2:30 p.m., March 19, 1997. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 21, 1997. Without objection, the Senate adjourned at 12:27 p.m. Nancy Quinto Secretary of the Senate March 1997 1997-03-19 Senate Journal Page 0789 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 19 WEDNESDAY 1:30 PM + SB 98CONVEY LAND TO MUNICIPALITIES/BOROUGHS SB 139AID TO VOLUNTEER FIRE DEPARTMENTS <BILLS PREVIOUSLY HEARD> MAR 21 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 MAR 19 WEDNESDAY 9:00 AM SB 35MANAGEMENT OF PARKS & RECREATIONAL AREAS <BILL HELD FROM 3/14/97> SB 64SHUYAK ISLAND STATE PARK SB 107APPROPRIATIONS: CAPITAL & FUNDS MAR 20 THURSDAY 9:00 AM LABOR DISPUTE RESOLUTIONS PRESENTATION COMMISSIONER BOYER <BILLS PREVIOUSLY HEARD/SCHEDULED> SB 83APPROP: SUPPLEMENTAL MAR 21 FRIDAY 9:00 AM SB 136BUDGET AND APPROPRIATION BILLS SB 126STATE EMPLOYEES RIP AMENDMENTS + SB 3MINORS CURFEW VIOL. HEARD IN DIST. CT. <BILLS PREVIOUSLY HEARD/SCHEDULED> SB 68TASK FORCE ON PRIVATIZATION SB 109AGRICULTURAL LAND <BILL CARRIED FORWARD> 1997-03-19 Senate Journal Page 0790 FINANCE (continued) MAR 22 SATURDAY 10:00 AM -- TIME AND DAY CHANGE -- SB 107APPROPRIATIONS: CAPITAL & FUNDS <BILLS PREVIOUSLY HEARD/SCHEDULED> ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 19 WEDNESDAY 9:00 AM + SB 36PUBLIC SCHOOL FUNDING + SB 85PUBLIC SCHOOL FUNDING/CHILD CARE GRANTS + PUBLIC SCHOOL FUNDING <PENDING INTRODUCTION AND REFERRAL> + SCR 6ALASKA TELEMEDICINE PROJECT + SB 48APPROPRIATION: MENTAL HEALTH PROGRAM + SB 97LEASE-PURCHASE SPRING CREEK CORRECTIONAL MAR 19 WEDNESDAY 3:30 PM SENATE FINANCE 532 -- TIME AND LOCATION CHANGE -- JOINT HEARING WITH (H) HESS + PRESENTATION BY BUILDING BRIDGES MAR 20 THURSDAY 3:00 PM CAPITOL ROOM 106 -- TIME AND LOCATION CHANGE -- JOINT HEARING WITH (H) HESS PRESENTATION BY ALAN NOVEMBER ON EDUCATION TECHNOLOGY MAR 21 FRIDAY 9:00 AM + SB 96REGULATION OF HOSPICE CARE SB 58MINOR CONSUMING ALCOHOL: PENALTY SB 11SCHOOL DEBT REIMBURSEMENT <BILLS HELD FROM PREVIOUS MEETINGS> ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAR 19 WEDNESDAY 1:30 PM + HB 69ROHYPNOL AS SCHEDULE IV-A DRUG SB 113PERS FOR COURT SYSTEM ADMIN DIRECTOR SB 114EMPLOYEES: POLITICAL CONTRIB & ACTIVITIES <BILLS HELD AND/OR PREVIOUSLY HEARD> 1997-03-19 Senate Journal Page 0791 JUDICIARY (continued) MAR 21 FRIDAY 3:30 PM ANCHORAGE LIO -- TIME AND LOCATION CHANGE -- ANCHORAGE LIO, 716 W 4TH AVE, ANCHORAGE + SJR 19SPECIAL OLYMPICS WORLD WINTER GAMES + SB 49SERVICE OF PROCESS ON NONRES TAXPAYERS + CONFIRMATION HEARING-JUDICIAL CONDUCT COMM <BILLS HELD AND/OR PREVIOUSLY HEARD> ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAR 20 THURSDAY 1:30 PM -- MEETING CANCELLED -- + CONFIRMATION HEARING-BOARD OF BARBERS AND HAIRDRESSERS + SB 89BARBERS AND HAIRDRESSERS + SB 137EXEMPT VOL. EMT/FIRE FGTR WAGE & HOUR LAW + SB 92BOARD OF VETERINARY EXAMINERS; LICENSE <BILL PREVIOUSLY HEARD 3/13/97> ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAR 19 WEDNESDAY 3:30 PM + HB 46MINING CLAIMS ON PUBLIC LANDS MAR 21 FRIDAY 3:30 PM SB 108STATE LAND LOTTERY PROGRAM <PREVIOUSLY SCHEDULED BILLS> ---------------------------------------- RULES FAHRENKAMP RM 203 MAR 19 WEDNESDAY 10:45 AM SB 24PARENTAL CONSENT BEFORE MINORS ABORTION SB 41ENVIRONMENTAL & HEALTH/SAFETY AUDITS SJR 23REFLECT AK. COLA IN FED MEDICAID SHARE ---------------------------------------- 1997-03-19 Senate Journal Page 0792 STATE AFFAIRS BELTZ ROOM 211 MAR 20 THURSDAY 3:30 PM + SB 42ALASKA RR BUDGET AND LAND + SB 141CONCEALED HANDGUN PERMITS <BILLS PREVIOUSLY HEARD> ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAR 20 THURSDAY 5:00 PM -- TIME CHANGE -- MEETING RESCHEDULED FROM 1:30 TO 5:00 P.M. SB 125AIRPORT DUTY-FREE CONCESSIONS FINANCE SUBCOMMITTEES CORRECTIONS SENATE FINANCE 532 MAR 21 FRIDAY 1:00 PM -- LOCATION CHANGE -- + JOINT WITH (H) SUBCOMMITTEE ALASKA NATIVE COMMISSION REPORT ---------------------------------------- NATURAL RESOURCES BUTROVICH ROOM 205 MAR 20 THURSDAY 8:00 AM CANCELLED MAR 25 TUESDAY 8:00 AM DEPARTMENT OF NATURAL RESOURCES CLOSEOUT MAR 27 THURSDAY 8:00 AM DEPARTMENT OF NATURAL RESOURCES CLOSEOUT ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES SENATE FINANCE 532 MAR 19 WEDNESDAY 5:00 PM BUDGET CLOSEOUT 1997-03-19 Senate Journal Page 0793 JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW CAPITOL ROOM 102 MAR 19 WEDNESDAY 5:00 PM SELECT CMTE ON LEGISLATIVE ETHICS BELTZ ROOM 211 MAR 21 FRIDAY 10:00 AM FULL COMMITTEE TELECONFERENCE: LEGAL CONTRACT; UPDATE ON HB 160/SB 105; ADVISORY OPINION VOTING-DRAFT PROCEDURE; OPEN MEETINGS UPDATE OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH ROOM 205 MAR 19 WEDNESDAY 12:00 PM CHILDRENS CAUCUS MAR 26 WEDNESDAY 12:00 PM ALASKA BAPTIST FAMILY SERVICES ---------------------------------------- JOINT SESSION HOUSE CHAMBER APR 02 WEDNESDAY 11:00 AM PRESENTATION BY THE HONORABLE TED STEVENS, UNITED STATES SENATOR