Legislature(1997 - 1998)
1997-04-01 Senate Journal
Full Journal pdf1997-04-01 Senate Journal Page 0913 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska Seventy-ninth Day Pursuant to adjournment the Senate was called to order by President Miller at 2:02 p.m. The roll showed fourteen members present. Senators Halford, Hoffman, Kelly, Pearce, Sharp were excused from a call of the Senate. Senator Ellis was absent. The prayer was offered by the Chaplain, Ms. Beverly Haywood of the Juneau Unitarian Universalist Fellowship. Senator Leman led the Senate in the Pledge of Allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journals for the seventy-fourth through the seventy-eighth legislative days, Senate Journal Supplement No. 3 and House and Senate Joint Journal Supplement No. 8 be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Message of March 27 was read, stating the House passed and transmitted for consideration: 913 1997-04-01 Senate Journal Page 0914 FIRST READING AND REFERENCE OF HOUSE BILLS HB 138 HOUSE BILL NO. 138 BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE LEGISLATIVE BUDGET AND AUDIT COMMITTEE, entitled: An Act relating to the Board of Storage Tank Assistance; and providing for an effective date. was read the first time and referred to the Labor and Commerce Committee. STANDING COMMITTEE REPORTS SB 15 Fiscal note for the Judiciary Committee Substitute (page 716) for SENATE BILL NO. 15 An Act relating to punitive damages in a civil action for discrimination related to employment; relating to arbitration in a civil action; amending Rules 79(b) and 82(b), Alaska Rules of Civil Procedure, and repealing Rule 72.1, Alaska Rules of Civil Procedure; and providing for an effective date published today from Office of the Governor. SB 42 The State Affairs Committee considered SENATE BILL NO. 42 An Act relating to the fiscal operations of the Alaska Railroad Corporation and to land acquired by the State of Alaska under the Alaska Railroad Transfer Act of 1982 or otherwise acquired for railroad purposes; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 42(STA) An Act relating to the fiscal operations of the Alaska Railroad Corporation; and providing for an effective date. Signing do pass: Senator Green, Chair, Senator Ward. Signing no recommendation: Senator Duncan. 1997-04-01 Senate Journal Page 0915 SB 42 The bill was referred to the Resources Committee. SB 58 Zero fiscal note for the Health, Education and Social Services Committee Substitute (page 871) for 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 published today from Department of Public Safety. SB 63 Fiscal notes for SENATE BILL NO. 63 An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors published today from Alaska Court System, Department of Corrections. SB 70 The Judiciary Committee considered SENATE BILL NO. 70 An Act defining the offenses of unlawful discharge of a firearm; and relating to the commission of those offenses by minors and recommended it be replaced with CS FOR SENATE BILL NO. 70(JUD) An Act relating to the discharge of firearms at or in the direction of buildings and dwellings. Signing do pass: Senator Taylor, Chair, Senators Miller, Pearce. The bill was referred to the Finance Committee. SB 112 The Judiciary Committee considered SENATE BILL NO. 112 An Act relating to marriage licenses; and transferring responsibility for marriage licensing from judicial officers to the state registrar of vital statistics and recommended it be replaced with CS FOR SENATE BILL NO. 112(JUD) 1997-04-01 Senate Journal Page 0916 SB 112 Signing do pass: Senator Taylor, Chair, Senators Pearce, Miller. Zero fiscal notes for the bill published today from Alaska Court System, Department of Health and Social Services. The bill was referred to the Rules Committee. SB 114 The Judiciary Committee considered SENATE BILL NO. 114 An Act relating to contributions from employee compensation for political purposes; and prohibiting certain kinds of discrimination against employees for political purposes and recommended it be replaced with CS FOR SENATE BILL NO. 114(JUD) Signing do pass: Senator Taylor, Chair, Senator Miller. Signing no recommendation: Senator Pearce. Fiscal notes for the bill published today from Department of Administration (2), Department of Law. Zero fiscal note for the bill published today from Department of Labor. President Miller added a Finance Committee referral to the bill. The bill was referred to the Finance Committee. SB 35 The Rules Committee considered SENATE BILL NO. 35 An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park. Signing to calendar and do pass: Senator Kelly, Chair. Signing to calendar: Senators Leman, Torgerson. Signing no recommendation: Senator Duncan. The bill is on todays calendar. 1997-04-01 Senate Journal Page 0917 INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SJR 25 SENATE JOINT RESOLUTION NO. 25 BY SENATORS WILKEN, Sharp, Miller, Supporting enhancement of visitor access to Denali National Park and Preserve through development of a northern railroad route corridor access to the vicinity of Wonder Lake. was read the first time and referred to the Transportation Committee. SJR 26 SENATE JOINT RESOLUTION NO. 26 BY THE SENATE RESOURCES COMMITTEE, Relating to proposed regulations of the North Pacific Fishery Management Council creating a new discriminatory halibut fishery in Alaska. was read the first time and referred to the Resources Committee. SB 154 SENATE BILL NO. 154 BY SENATOR PEARCE, entitled: An Act relating to paternity determination and child support; relating to reporting of and access to financial or other information for child support purposes; making changes to laws relating to occupational, recreational, or other licenses, permits, certificates, or other authorizations issued by the state to facilitate administration of child support laws; relating to the interest rate on judgments or decrees for child support; relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; amending Rules 4, 5, 35, 52, 58, 60(b), 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of 1997-04-01 Senate Journal Page 0918 SB 154 Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 155 SENATE BILL NO. 155 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to the Alaska Administrative Journal; relating to public notices of state agencies; and relating to material incorporated by reference in regulations and to the content and furnishing of regulation notices under the Administrative Procedure Act. was read the first time and referred to the State Affairs and Labor and Commerce Committees. Zero fiscal note published today from Office of the Governor. Governors transmittal letter dated March 27: Dear President Miller: Among my administrations efforts to find greater efficiencies in state government is this bill to simplify the regulatory process. It proposes changes to update the Administrative Procedure Act (APA) which will benefit the public by removing some confusion from the regulatory process. These changes acknowledge innovations in the way society communicates and government operates. State regulations often incorporate other materials or documents as legal standards, particularly for state agency programs that operate under federal law and regulations. Currently, every time the federal government changes its regulations, the state must make corresponding changes through full public notice and hearing despite 1997-04-01 Senate Journal Page 0919 SB 155 the fact the federal changes may have already been through public scrutiny. This process is expensive for the state while also making it difficult to keep up with changes in law in a timely manner. In some cases, such as federal shellfish sanitation regulations, this delay in adopting new rules can jeopardize the ability of Alaskans to continue to sell their products. This bill streamlines the regulation adoption process by allowing documents or other material to be adopted by reference in certain instances. This means future amendments to the document can be incorporated, but only if the public had the opportunity to comment on the changes in another governmental forum or if the legislature specifically allows for automatically adopting the future changes. The legislature is already moving in this direction this year with specific documents and guidelines used for various Department of Labor regulations. This bill also simplifies and consolidates the publication of public notices, making the process easier for the public to use. Agencies would be allowed to publish notice of proposed regulatory changes with a brief general description, perhaps presented as a display ad rather than the current lengthy and sometimes difficult to understand listings found in the legal classified sections. The lengthier summary would still be available in the Alaska Administrative Journal (AAJ) and through mail distribution. The lieutenant governor could also arrange for newspaper space in which all state agency matters involving public notices and meetings could be consolidated. This will lead to easier to understand notices for the public in one prominent location in newspapers. Finally, this bill discontinues the printed version of the AAJ, limiting it to an electronic version only. The AAJ would continue to include summaries of proposed regulation changes, procurement and public meeting notices, and other information of public interest required for publication. The printed AAJ currently has only about 50 paying subscribers, most of whom reside outside the state. Eliminating the printed version of the AAJ will streamline state government while not adversely impacting the quality of the notice provided to interested persons. 1997-04-01 Senate Journal Page 0920 SB 155 Taken together, the changes proposed in this bill will make the regulatory process more efficient and will provide for more effective notice to the public. Sincerely, /s/ Tony Knowles Governor SB 156 SENATE BILL NO. 156 BY THE SENATE TRANSPORTATION COMMITTEE BY REQUEST, entitled: An Act relating to limitations on studded tires and on the use of certain studded tires; prohibiting certain trade practices regarding studded tires; and providing for an effective date. was read the first time and referred to the Transportation and Labor and Commerce Committees. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 35 SENATE BILL NO. 35 An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park was read the second time. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 35 be held in second reading to the April 2 calendar. Without objection, it was so ordered. 1997-04-01 Senate Journal Page 0921 CITATIONS Honoring - Skyview Mock Trial Team Senator(s) Torgerson, Taylor, Duncan, Leman, Kelly, Lincoln, Ward Senator Taylor moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. ANNOUNCEMENTS Announcements are at the end of the journal. ENROLLMENT SB 56 SENATE BILL NO. 56 am H An Act relating to tourist oriented directional signs that are 90 inches in width and 18 inches in height, relating to penalties for violations related to outdoor advertising, and annulling a regulation of the Department of Transportation and Public Facilities 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 3:30 p.m., April 1, 1997. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 10:45 a.m., April 2, 1997. Without objection, the Senate adjourned at 2:11 p.m. Nancy Quinto Secretary of the Senate April 1997 1997-04-01 Senate Journal Page 0922 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 APR 02 WEDNESDAY 1:30 PM SB 131ANNUAL SCHOOL TAX SB 135SCHOOL CONSTRUCTION GRANT PROGRAM SB 139AID TO VOLUNTEER FIRE DEPARTMENTS APR 04 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 APR 01 TUESDAY 9:00 AM NO MEETING SCHEDULED APR 02 WEDNESDAY 9:00 AM <BILLS PREVIOUSLY HEARD> + SB 107APPROPRIATIONS: CAPITAL & FUNDS APR 03 THURSDAY 9:00 AM HB 58CIVIL ACTIONS/ATTY FEES/ INSURANCE <BILLS PREVIOUSLY HEARD> SB 107APPROPRIATIONS: CAPITAL & FUNDS APR 04 FRIDAY 10:00 AM -- TIME CHANGE -- SB 107APPROPRIATIONS: CAPITAL & FUNDS SB 13INCREASE TOBACCO TAXES <BILLS PREVIOUSLY HEARD> 1997-04-01 Senate Journal Page 0923 FINANCE (continued) APR 05 SATURDAY 10:00 AM + SB 47APPROPRIATIONS: OPERATING BUDGET + SB 107APPROPRIATIONS: CAPITAL & FUNDS APR 07 MONDAY 9:00 AM SB 11SCHOOL DEBT REIMBURSEMENT <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 08 TUESDAY 9:00 AM HB 46MINING CLAIMS ON PUBLIC LANDS <BILLS PREVIOUSLY HEARD/SCHEDULED> ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 02 WEDNESDAY 9:00 AM NO MEETING SCHEDULED APR 04 FRIDAY 9:00 AM + SB 146PUBLIC SCHOOL FUNDING/CHILD CARE GRANTS ABOVE BILL LISTEN ONLY-NO TESTIMONY + SB 148PUBLIC LIBRARIES + SB 149HEALTH CARE FACILITY AUDITS & REPORTS ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 02 WEDNESDAY 1:30 PM SB 58MINOR CONSUMING ALCOHOL: PENALTY <BILLS HELD AND/OR PREVIOUSLY HEARD> APR 04 FRIDAY 1:30 PM + HB 9VICTIMS RIGHT TO BE PRESENT AT TRIAL + SB 119FRATERNAL BENEFIT SOCIETIES <BILLS HELD AND/OR PREVIOUSLY HEARD> ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 APR 01 TUESDAY 1:30 PM NO MEETING SCHEDULED 1997-04-01 Senate Journal Page 0924 LABOR & COMMERCE (continued) 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 FROM 3/13/97) + SB 90DENTISTS: LICENSING & EXTEND EXAMINING BD (ABOVE BILL HELD 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 ---------------------------------------- RESOURCES BUTROVICH ROOM 205 APR 02 WEDNESDAY 3:30 PM + CONFIRMATION HEARING: BOARD OF FISH <PREVIOUSLY SCHEDULED BILLS> APR 04 FRIDAY 3:30 PM HB 25FISH & GAME:LICENSES & RESIDENCY <PREVIOUSLY SCHEDULED BILLS> ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 APR 01 TUESDAY 0:00 AM -- TIME CHANGE -- UPON SENATE ADJOURNMENT + SB 150PUB. EMPLOYEES: MOVING, COMP TIME & PERS + SB 151PUBLIC EMPLOYMENT LABOR RELATIONS HB 65PARTIAL-BIRTH ABORTIONS <PREVIOUSLY SCHEDULED BILLS> 1997-04-01 Senate Journal Page 0925 STATE AFFAIRS (continued) APR 03 THURSDAY 3:30 PM SB 9CAP PROJ MATCHING GRANT FOR INDIAN RESERV SB 143EDUCATION BENEFITS FOR MILITARY PERSONNEL + SB 147PERS:GOV/LT GOVS SURVIVING SPOUSE OR EX SB 124CHARITABLE GAMING SALMON AND RACE CLASSIC <PREVIOUSLY SCHEDULED BILLS> SB 81IMMUNIZATION RECORD UPON CHILDS DEATH ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 APR 01 TUESDAY 1:30 PM NO MEETING SCHEDULED APR 03 THURSDAY 1:30 PM + SB 127PERSONNEL RECORDS OF ALASKA RAILROAD + SB 153SPECIALIZED LICENSE PLATES FOR ARTS FINANCE SUBCOMMITTEES ADMINISTRATION BUTROVICH ROOM 205 APR 02 WEDNESDAY 8:15 AM FINAL BUDGET CLOSEOUT ---------------------------------------- COMMUNITY AND REGIONAL AFFAIRS FAHRENKAMP ROOM 203 APR 02 WEDNESDAY 3:30 PM FINAL BUDGET CLOSEOUT ---------------------------------------- ECONOMIC DEVELOPMENT SENATE FINANCE 532 APR 02 WEDNESDAY 3:30 PM UNFINISHED BUSINESS PRELIMINARY CLOSE-OUT APR 03 THURSDAY 3:00 PM BUDGET CLOSE-OUT ---------------------------------------- 1997-04-01 Senate Journal Page 0926 FINANCE SUBCOMMITTEES (continued) EDUCATION SENATE FINANCE 532 APR 02 WEDNESDAY 8:00 AM UNFINISHED BUSINESS + PRELIMINARY CLOSEOUT APR 03 THURSDAY 4:00 PM BUDGET CLOSEOUT ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 532 APR 03 THURSDAY 4:30 PM FAHRENKAMP RM 203 CLOSEOUT ---------------------------------------- FISH & GAME BELTZ ROOM 211 APR 02 WEDNESDAY 8:00 AM FY 98 F&G OPERATING BUDGET-PROPOSAL APR 04 FRIDAY 5:00 PM SENATE FINANCE 532 FY 98 F&G OPERATING BUDGET; PUBLIC COMMENT AND SUBCOMMITTEE CLOSEOUT ---------------------------------------- GOVERNOR SENATE FINANCE 532 APR 03 THURSDAY 1:30 PM FY 98 OPERATING BUDGET APR 04 FRIDAY 4:30 PM FINAL CLOSEOUT ---------------------------------------- HEALTH & SOCIAL SERVICES FAHRENKAMP ROOM 203 APR 02 WEDNESDAY 7:30 AM CLOSEOUT APR 04 FRIDAY 7:30 AM CLOSEOUT 1997-04-01 Senate Journal Page 0927 FINANCE SUBCOMMITTEES (continued) INFORMATION TECHNOLOGY BELTZ ROOM 211 APR 02 WEDNESDAY 3:30 PM PRELIMINARY CLOSEOUT APR 03 THURSDAY 1:30 PM CLOSEOUT ---------------------------------------- LAW BELTZ ROOM 211 APR 02 WEDNESDAY 8:30 AM FY 98 DEPARTMENT OF LAW OPERATING BUDGET; SUBCOMMITTEE PROPOSAL APR 03 THURSDAY 5:00 PM SENATE FINANCE 532 FY 98 DEPARTMENT OF LAW OPERATING BUDGET; PUBLIC COMMENT AND SUBCOMMITTEE CLOSEOUT ---------------------------------------- LEGISLATURE SENATE FINANCE 532 APR 03 THURSDAY 8:30 AM FY 98 LEGISLATURE OPERATING BUDGET-PROPOSAL APR 04 FRIDAY 8:00 AM FY 98 LEGISLATURE OPERATING BUDGET; PUBLIC COMMENT AND SUBCOMMITTEE CLOSEOUT ---------------------------------------- PUBLIC SAFETY SENATE FINANCE 532 APR 01 TUESDAY 3:00 PM UNFINISHED BUSINESS PRELIMINARY CLOSEOUT APR 04 FRIDAY 8:15 AM BUTROVICH ROOM 205 BUDGET CLOSEOUT ---------------------------------------- 1997-04-01 Senate Journal Page 0928 FINANCE SUBCOMMITTEES (continued) TRANSPORTATION & PUBLIC FACILITIES CAPITOL ROOM 124 APR 03 THURSDAY 1:00 PM DOT/PF CLOSEOUT ---------------------------------------- UNIVERSITY OF ALASKA FAHRENKAMP ROOM 203 APR 02 WEDNESDAY 5:00 PM FINALIZE SENATE FY 98 BUDGET RECOMMENDATIONS ---------------------------------------- WELFARE REFORM BELTZ ROOM 211 APR 03 THURSDAY 8:00 AM BUDGET CLOSEOUT APR 04 FRIDAY 8:00 AM WELFARE REFORM OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH ROOM 205 APR 09 WEDNESDAY 12:00 PM + CHILDRENS CAUCUS ---------------------------------------- JOINT SESSION HOUSE CHAMBER APR 02 WEDNESDAY 11:00 AM PRESENTATION BY THE HONORABLE TED STEVENS, UNITED STATES SENATOR