Legislature(1997 - 1998)
1997-03-26 Senate Journal
Full Journal pdf1997-03-26 Senate Journal Page 0869 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska Seventy-third Day Pursuant to adjournment the Senate was called to order by President Miller at 11:07 a.m. The roll showed nineteen members present. Senator Parnell was absent. The prayer was offered by the Chaplain, Pastor Greg Lindsay of the Northern Light United Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. In deepest respect of the spiritual life of each person present let us pray: You O God are a creative genius! You bring creation into being, and You weave its rich tapestry of form and color and sound into place. Awaken our senses to this great gift. May our eyes see Your many colors as the gift of diversity. May we sense the textures in life as choices and opportunities. May we hear the rich sounds from throughout the earth as Your voice calling for justice and cooperation. May the blessing of Your great creation be like stars in a dark world. For Your creative genius, and the gift of Your creation, O God, we give thanks. Amen. Senator Wilken led the Senate in the Pledge of Allegiance. 869 1997-03-26 Senate Journal Page 0870 CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the seventy-second legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Message of March 25 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 86 HOUSE BILL NO. 86 BY REPRESENTATIVES IVAN, Foster, Kubina, James, entitled: An Act relating to the payments in lieu of taxes program for cities in the unorganized borough; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. STANDING COMMITTEE REPORTS Report dated March 25 was read stating: The Senate Labor and Commerce Committee reviewed the following with regard to confirmation of the Governors appointment: Board of Barbers and Hairdressers Sheryl L. Sutton - Juneau Signing the report: Senator Leman, Chair, Senators Miller, Kelly. 1997-03-26 Senate Journal Page 0871 Report dated March 25 was read stating: The Senate Labor and Commerce Committee reviewed the following with regard to confirmation of the Governors appointment: Board of Barbers and Hairdressers Rosalyn C. Wyche - Anchorage Signing the report: Senator Leman, Chair, Senators Miller, Kelly, Hoffman. SB 58 The Health, Education and Social Services Committee considered SENATE BILL NO. 58 An Act relating to the privilege to drive of minors and to the penalty for the consumption or possession of alcoholic beverages by persons under 21 years of age and recommended it be replaced with CS FOR SENATE BILL NO. 58(HES), entitled: An Act relating to the penalty for the consumption or possession of alcoholic beverages by persons under 21 years of age, to the issuance, suspension, limitation, revocation, and reinstatement of drivers licenses, permits, or privileges to drive concerning alcohol-related offenses, to youth assessment and referral programs for minor drivers, and to alcohol information courses for driver improvement and for reduction of points assessed for violation of traffic laws; and relating to the use of money collected from fines imposed for the offenses of possession, control, or consumption of alcoholic beverages by persons under 21 years of age that are punishable as violations. Signing do pass: Senator Wilken, Chair, Senator Ward. Signing no recommendation: Senators Ellis, Green, Leman. 1997-03-26 Senate Journal Page 0872 SB 58 Fiscal notes for the bill published today from Department of Law, Department of Administration. Zero fiscal notes for the bill published today from Department of Public Safety (2), Department of Health and Social Services. Fiscal notes for the committee substitute published today from Department of Health and Social Services (2), Department of Law, Department of Administration. Zero fiscal note for the committee substitute published today from Department of Administration. President Miller added a Finance Committee referral to the bill. The bill was referred to the Judiciary and Finance Committees. SB 68 The Finance Committee considered SENATE BILL NO. 68 An Act relating to the Task Force on Privatization; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 68(FIN) Signing do pass: Senator Sharp, Cochair, Senator Donley. Signing no recommendation: Senator Pearce, Cochair, Senators Phillips, Adams, Torgerson, Parnell. Fiscal note for the committee substitute published today from Legislative Affairs Agency. Indeterminate fiscal note for the committee substitute published today from Office of the Governor. Indeterminate fiscal note for the State Affairs and Finance Committee Substitutes published today from Office of the Governor. The bill was referred to the Rules Committee. SB 89 The Labor and Commerce Committee considered SENATE BILL NO. 89 An Act relating to regulation of barbers and hairdressers; extending the termination date of the Board of Barbers and Hairdressers; and providing for an effective date and recommended it be replaced with 1997-03-26 Senate Journal Page 0873 SB 89 CS FOR SENATE BILL NO. 89(L&C) Signing do pass: Senator Leman, Chair, Senators Miller, Hoffman, Kelly. 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. SB 105 The State Affairs Committee considered SENATE BILL NO. 105 An Act relating to legislative ethics; relating to the filing of disclosures by certain legislative employees and officials; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 105(STA), entitled: An Act relating to legislative and executive branch ethics; relating to the conduct of lobbyists with respect to public officials; relating to the filing of disclosures by certain state employees and officials; making a conforming amendment to the definition of public official for employment security statutes; and providing for an effective date. Signing do pass: Senator Green, Chair, Senators Miller, Ward. Fiscal note for the bill published today from Department of Administration. Zero fiscal note for the bill published today from Legislative Affairs Agency. Fiscal note for the committee substitute published today from Department of Administration. The bill was referred to the Finance Committee. 1997-03-26 Senate Journal Page 0874 SB 136 The Finance Committee considered SENATE BILL NO. 136 An Act relating to the state budget and to appropriation bills and recommended it be replaced with CS FOR SENATE BILL NO. 136(FIN), entitled: An Act relating to the state budget, to agency performance reports, and to appropriation bills. Signing do pass: Senators Sharp, Pearce, Cochairs, Senators Phillips, Parnell, Torgerson. Signing no recommendation: Senator Adams. Zero fiscal note for the bill and the committee substitute published today from Office of the Governor. The bill was referred to the Rules Committee. SB 137 The Labor and Commerce Committee considered SENATE BILL NO. 137 An Act exempting certain volunteer emergency medical technicians and volunteer fire fighters from state wage and hour laws; and providing for an effective date. Signing do pass: Senator Leman, Chair, Senators Kelly, Miller. Signing no recommendation: Senator Hoffman. Zero fiscal notes published today from Department of Labor, Department of Public Safety. The bill was referred to the Rules Committee. SB 141 The State Affairs Committee considered SENATE BILL NO. 141 An Act relating to permits to carry concealed handguns; and relating to the possession of firearms and recommended it be replaced with CS FOR SENATE BILL NO. 141(STA) 1997-03-26 Senate Journal Page 0875 SB 141 Signing do pass: Senator Green, Chair, Senators Miller, Ward. Signing do not pass: Senator Duncan. Fiscal notes for the bill published today from Department of Public Safety (2), Office of the Governor. Zero fiscal note for the bill published today from Department of Public Safety. The bill was referred to the Finance Committee. SCR 6 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 6 Relating to the Alaska Telemedicine Project. Signing to calendar and do pass: Senator Kelly, Chair. Signing to calendar: Senators Taylor, Leman. The resolution is on todays calendar. SB 100 The Rules Committee considered SENATE BILL NO. 100 An Act relating to grant authority for services for developmentally delayed or disabled children and their families. Signing to calendar and do pass: Senator Kelly, Chair. Signing to calendar: Senators Taylor, Leman. The bill is on todays calendar. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 153 SENATE BILL NO. 153 BY THE SENATE FINANCE COMMITTEE, entitled: An Act relating to issuance of special license plates to commemorate the arts. was read the first time and referred to the Transportation and Finance Committees. 1997-03-26 Senate Journal Page 0876 CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 100 SENATE BILL NO. 100 An Act relating to grant authority for services for developmentally delayed or disabled children and their families was read the second time. 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. SENATE BILL NO. 100 was read the third time. The question being: Shall SENATE BILL NO. 100 An Act relating to grant authority for services for developmentally delayed or disabled children and their families pass the Senate? The roll was taken with the following result: SB 100 Third Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Absent: Kelly, Parnell and so, SENATE BILL NO. 100 passed the Senate and was referred to the Secretary for engrossment. SECOND READING OF SENATE RESOLUTIONS SCR 6 SENATE CONCURRENT RESOLUTION NO. 6 Relating to the Alaska Telemedicine Project, was read the second time and was before the Senate on final passage. 1997-03-26 Senate Journal Page 0877 SCR 6 Senator Pearce moved for the adoption of the Health, Education and Social Services Committee amendment offered on page 830. Without objection, Amendment No. 1 was adopted. Senator Pearce offered Amendment No. 2 : Page 2, following line 17: Insert new material to read: WHEREAS the Alaska Telemedicine Project will not preclude other entities within the state from applying for funding for technology, but support them in their efforts to develop partnerships to secure funding and expertise in the telemedicine field; Senator Pearce moved for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. The question being: Shall SENATE CONCURRENT RESOLUTION NO. 6 am Relating to the Alaska Telemedicine Project, pass the Senate? The roll was taken with the following result: SCR 6 am Final Passage YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Absent: Parnell and so, SENATE CONCURRENT RESOLUTION NO. 6 am passed the Senate and was referred to the Secretary for engrossment. 1997-03-26 Senate Journal Page 0878 CITATIONS Honoring - Drew Scalzi, 1997 Mariner of the Year Senator(s) Torgerson, Duncan, Pearce, Leman, Sharp, Taylor, Kelly, Lincoln, Green, Mackie Representative(s) G. Phillips In Commemoration of the 1925 Serum Run - Serum 25 Representative(s) Berkowitz Senator(s) Duncan, Pearce, Wilken, Leman, Sharp, Adams, Taylor, Kelly, Lincoln, Green, R. Phillips, Mackie Honoring - Colony High School Girls Basketball Team, Region 3 Champions, 4th Consecutive Year, State 4A Basketball Champions Representative(s) Ogan, Kohring Senator(s) Green, Halford, Duncan, Pearce, Wilken, Leman, Sharp, Taylor, Kelly, Lincoln, Mackie 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 Senator Adams moved and asked unanimous consent that he be excused from the Senate, not subject to a call, from noon on March 26 through plane time April 1. Without objection, Senator Adams was excused. Senator Hoffman moved and asked unanimous consent that he be excused from a call of the Senate on April 1. Without objection, Senator Hoffman was excused. 1997-03-26 Senate Journal Page 0879 RECONSIDERATION OF SENATE BILLS SB 24 Senator Leman requested that the reconsideration on CS FOR SENATE BILL NO. 24(FIN) be taken up. CS FOR SENATE BILL NO. 24(FIN) was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 24(FIN)An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of abortion; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules pass the Senate? The roll was taken with the following result: CSSB 24(FIN) Third Reading - On Reconsideration Court Rule(s) YEAS: 15 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Donley, Green, Halford, Hoffman, Kelly, Leman, Mackie, Miller, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Lincoln Absent: Parnell and so, CS FOR SENATE BILL NO. 24(FIN) 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 court rule changes. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. 1997-03-26 Senate Journal Page 0880 RECONSIDERATION OF HOUSE RESOLUTIONS HCR 8 Senator Lincoln requested that the reconsideration on HOUSE CONCURRENT RESOLUTION NO. 8 be taken up. HOUSE CONCURRENT RESOLUTION NO. 8 was before the Senate on reconsideration. The question to be reconsidered: Shall HOUSE CONCURRENT RESOLUTION NO. 8 Creating the Deferred Maintenance Task Force, pass the Senate? The roll was taken with the following result: HCR 8 On Reconsideration YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Adams Absent: Parnell and so, HOUSE CONCURRENT RESOLUTION NO. 8 passed the Senate on reconsideration, was signed by the President and Secretary and returned to the House. ANNOUNCEMENTS Announcements are at the end of the journal. 1997-03-26 Senate Journal Page 0881 ENGROSSMENT SB 24 CS FOR SENATE BILL NO. 24(FIN) An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of abortion; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 100 SENATE BILL NO. 100 An Act relating to grant authority for services for developmentally delayed or disabled children and their families was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 6 SENATE CONCURRENT RESOLUTION NO. 6 am Relating to the Alaska Telemedicine Project, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 27, 1997. Without objection, the Senate adjourned at 12:03 p.m. Nancy Quinto Secretary of the Senate March 1997 1997-03-26 Senate Journal Page 0882 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 26 WEDNESDAY 1:30 PM HB 13MARINE SAFETY TRAINING & EDUCATION <BILLS PREVIOUSLY HEARD> MAR 28 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 MAR 26 WEDNESDAY 9:00 AM <BILLS PREVIOUSLY HEARD> SB 83APPROP: SUPPLEMENTAL HB 113APPROPS: CAPITAL/SUPP./SPECIAL SB 109AGRICULTURAL LAND MAR 27 THURSDAY 0:00 AM NO MEETING SCHEDULED MAR 28 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 26 WEDNESDAY 9:00 AM JOINT WITH (H) HESS COMMITTEE UNIVERSITY OF AK BOARD OF REGENTS <BILLS HELD FROM PREVIOUS MEETINGS> 1997-03-26 Senate Journal Page 0883 HEALTH, EDUCATION & SOCIAL SERVICES (continued) MAR 28 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAR 26 WEDNESDAY 1:30 PM SB 112MARRIAGE LICENSING FUNCTIONS SB 114EMPLOYEES: POLITICAL CONTRIB & ACTIVITIES <BILLS HELD AND/OR PREVIOUSLY HEARD> MAR 28 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAR 27 THURSDAY 1:30 PM NO MEETING SCHEDULED APR 01 TUESDAY 1:30 PM NO MEETING SCHEDULED APR 03 THURSDAY 1:30 PM + CONFIRMATION HEARING: REAL ESTATE COMMISSION BOARD OF NURSING BOARD OF EXAMINERS IN OPTOMETRY CERTIFIED DIRECT ENTRY MIDWIVES + SB 92BOARD OF VETERINARY EXAMINERS; LICENSE (ABOVE BILL HELD OVER FROM 3/13/97) + SB 90DENTISTS: LICENSING & EXTEND EXAMINING BD (ABOVE BILL HELD OVER FROM 3/18/97) APR 08 TUESDAY 1:30 PM + CONFIRMATION HEARING: BOARD OF PSYCHOLOGISTS AND PSYCHOLOGICAL ASSOCIATE EXAMINERS BOARD OF CERTIFIED REAL ESTATE APPRAISERS ALASKA PUBLIC UTILITIES COMMISSION + SB 122INS.COVERAGE:MARRIAGE & FAMILY THERAPIST ---------------------------------------- 1997-03-26 Senate Journal Page 0884 RESOURCES BUTROVICH ROOM 205 MAR 26 WEDNESDAY 3:30 PM SJR 24TONGASS LAND MANAGEMENT PLAN HB 26BIG GAME TAGS FOR WOLVES HJR 22ALASKA/RUSSIA MARITIME BOUNDARY <BILLS PREVIOUSLY SCHEDULED> ---------------------------------------- RULES FAHRENKAMP RM 203 MAR 27 THURSDAY 10:45 AM SB 68TASK FORCE ON PRIVATIZATION SB 126STATE EMPLOYEES RIP AMENDMENTS SB 136BUDGET AND APPROPRIATION BILLS SB 137EXEMPT VOL. EMT/FIRE FGTR WAGE & HOUR LAW ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAR 27 THURSDAY 3:30 PM + SB 81IMMUNIZATION RECORD UPON CHILDS DEATH + SB 129PERS REQUIRED SAVINGS UNDER RIP + SB 133SMALL BUSINESS DEVELOPMENT TAX CREDIT <BILLS PREVIOUSLY SCHEDULED> ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAR 27 THURSDAY 1:30 PM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES ADMINISTRATION BUTROVICH ROOM 205 APR 02 WEDNESDAY 8:15 AM FINAL BUDGET CLOSEOUT ---------------------------------------- COMMUNITY AND REGIONAL AFFAIRS BUTROVICH ROOM 205 MAR 26 WEDNESDAY 7:00 AM -- MEETING CANCELLED -- FINAL BUDGET CLOSEOUT 1997-03-26 Senate Journal Page 0885 FINANCE SUBCOMMITTEES (continued) COMMUNITY & REGIONAL AFFAIRS (continued) APR 02 WEDNESDAY 3:30 PM FAHRENKAMP ROOM 203 FINAL BUDGET CLOSEOUT ---------------------------------------- CORRECTIONS BELTZ ROOM 211 MAR 26 WEDNESDAY 8:00 AM BUDGET CLOSEOUT (CONTINUATION, IF NEEDED) ---------------------------------------- ECONOMIC DEVELOPMENT SENATE FINANCE 532 MAR 26 WEDNESDAY 4:30 PM -- MEETING CANCELLED -- BUDGET CLOSEOUT ---------------------------------------- EDUCATION SENATE FINANCE 532 MAR 26 WEDNESDAY 3:30 PM -- MEETING CANCELLED -- BUDGET CLOSEOUT ---------------------------------------- FISH & GAME BELTZ ROOM 211 MAR 26 WEDNESDAY 8:00 AM -- MEETING CANCELLED -- FY 98 DEPT OF FISH AND GAME OPERATING BUDGET PUBLIC COMMENT AND SUBCOMMITTEE CLOSEOUT ---------------------------------------- GOVERNOR SENATE FINANCE 532 MAR 26 WEDNESDAY 1:00 PM -- MEETING CANCELLED -- GOVERNORS OFFICE FINAL CLOSEOUT ---------------------------------------- 1997-03-26 Senate Journal Page 0886 FINANCE SUBCOMMITTEES (continued) HEALTH & SOCIAL SERVICES FAHRENKAMP ROOM 203 MAR 26 WEDNESDAY 7:30 AM -- MEETING CANCELLED -- CLOSEOUT ---------------------------------------- LABOR SENATE FINANCE 532 MAR 26 WEDNESDAY 1:30 PM DEPT. OF LABOR FINAL CLOSEOUT ---------------------------------------- NATURAL RESOURCES BUTROVICH ROOM 205 MAR 27 THURSDAY 7:30 AM -- TIME CHANGE -- + DEPARTMENT OF NATURAL RESOURCES CLOSEOUT ---------------------------------------- PUBLIC SAFETY CAPITOL ROOM 408 MAR 26 WEDNESDAY 8:30 AM -- MEETING CANCELLED -- BUDGET CLOSEOUT ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES SENATE FINANCE 532 MAR 27 THURSDAY 8:00 AM PROPOSAL REVIEWS ---------------------------------------- WELFARE REFORM BELTZ ROOM 211 APR 03 THURSDAY 8:00 AM BUDGET CLOSEOUT APR 04 FRIDAY 8:00 AM WELFARE REFORM 1997-03-26 Senate Journal Page 0887 OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH ROOM 205 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