Legislature(1997 - 1998)

1998-01-12 Senate Journal

Full Journal pdf

1998-01-12                     Senate Journal                      Page 2159
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                     TWENTIETH LEGISLATURE - SECOND SESSION                    
                                                                               
Juneau, Alaska              Monday January 12, 1998                            
                                                                               
                                   First Day                                   
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Miller at 10:03 a.m.                                                           
                                                                               
The roll showed 19 members present.  Senator Pearce was absent.                
                                                                               
Senator Taylor moved and asked unanimous consent that Senator                  
Pearce be excused from a call of the Senate from January 12 through            
plane time on January 19.  Without objection, Senator Pearce was               
excused.                                                                       
                                                                               
The prayer was offered by the Chaplain, Pastor Johnny Reimer of                
the Douglas Island Bible Church.  Senator Parnell moved and asked              
unanimous consent that the prayer be spread.  Without objection, it            
was so ordered.                                                                
                                                                               
Our God and Heavenly Father, we come into Your                                
presence through the merits of the Savior of the                               
world -- Jesus Christ, the Lord.                                               
                                                                               
Receive our thanks for the bountiful display of Your                          
grace even when we fail to acknowledge You as the                              
giver.  Our sins and iniquities are greater than we                            
care to admit.  We thank You that forgiveness can                              
be ours when we repent and turn to You.                                        
                                                                               
We have come to the time of another Session                                   
wherein the affairs of our State and its peoples are                           
before us.  Deliver us from seeking selfish and                                
convenient solutions and guide us to rather decide                             
to  choose  that which  is right and true.   We need                           
                                                                               
                                                                               
                                      2159                                     

1998-01-12                     Senate Journal                      Page 2160
wisdom, insight and discernment, for our supply of                            
these and other qualities is quickly exhausted.                                
Grant us the courage to view others as we wish to                              
be seen, and to honor them as we want to be                                    
honored.                                                                       
                                                                               
In all our pursuits help us to seek Your ways rather                          
than merely following our own inclinations.  Grant                             
us the diligence and persistence to fulfill our tasks                          
properly as we would if You were physically                                    
present.  Give us the desire to honor You in what                              
we do and what we say.                      Amen.                              
                                                                               
Senator Leman led the Senate in the Pledge of Allegiance.                      
                                                                               
Alaskas Flag and Where Legends are Born were presented by Hobo                 
Jim.                                                                           
                                                                               
Senator Parnell moved and asked unanimous consent that Alaskas                 
Flag be spread in the Journal.  Without objection, it was so ordered.          
                                                                               
		   Alaska's Flag                                                             
                                                                               
	Eight stars of gold on a field of blue,                                       
	Alaska's Flag, may it mean to you                                             
	The blue of the sea, the evening sky,                                         
	The mountain lakes and the flowers nearby;                                    
                                                                               
	The gold of the early sourdoughs dreams,                                      
	The precious gold of the hills and streams;                                   
	The brilliant stars in the Northern Sky,                                      
	The "Bear," the "Dipper," and shining high,                                   
                                                                               
	The great North Star with its steady light,                                   
	O'er land and sea a beacon bright,                                            
	Alaska's Flag to Alaskans dear,                                               
	The simple flag of a Last Frontier.                                           
                                                                               
                                                                               

1998-01-12                     Senate Journal                      Page 2161
President Miller appointed Senator Torgerson and Senator Ellis to              
notify the Governor that the Senate was ready to do business.                  
                                                                               
President Miller appointed Senator Phillips and Senator Lincoln to             
notify the House that the Senate was ready to do business.                     
                                                                               
                                Certification                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journal              
for the one hundred nineteenth legislative day and the Final                   
Supplement of the First Session of the Twentieth Legislature be                
approved as certified by the Secretary.  Without objection, it was so          
ordered.                                                                       
                                                                               
                                                                               
                          Messages from the Governor                         
                                                                               
Letter dated January 9 was read stating:                                       
                                                                               
Under the provisions of Article III, Section 18 of the Alaska                  
Constitution, I am requesting the opportunity to address a Joint               
Session of the Twentieth Alaska State Legislature on Tuesday,                  
January 13, at 8:00 p.m. for presentation of the State of the State            
Address, and Thursday, January 15, at 8:00 p.m. for presentation of            
the State of the Budget Address.                                               
                                                                               
Thank you for your cooperation in this effort.  I look forward to a            
successful session.                                                            
                                                                               
					Sincerely,                                                                
					/s/                                                                       
					Tony Knowles                                                              
					Governor                                                                  
                                                                               
                                                                               
                           Messages from the House                           
                                                                               
Letter dated January 9 was read stating:                                       
                                                                               
                                                                               

1998-01-12                     Senate Journal                      Page 2162
The House of Representatives respectfully invites the Senate to a              
Joint Session at 7:45 p.m. on Tuesday, January 13, and at 7:45 p.m.            
on Thursday, January 15 for the Governors State of the State and               
State of the Budget addresses.                                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
accept the House invitation to meet in Joint Sessions.  Without                
objection, it was so ordered.                                                  
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
Messages dated May 11, 1997 were read, stating the House passed                
and transmitted for consideration:                                             
                                                                               
                        First Reading and Reference of                        
                               House Resolutions                              
                                                                               
HJR 39                                                                       
HOUSE JOINT RESOLUTION NO. 39 BY THE HOUSE                                     
RESOURCES COMMITTEE,                                                           
                                                                               
Urging the United States Congress to enact                                    
legislation that prohibits the President of the United                         
States from extending or establishing national                                 
monuments without the express authorization of the                             
Congress.                                                                      
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
                  First Reading and Reference of House Bills                 
                                                                               
HB 116                                                                       
CS FOR HOUSE BILL NO. 116(FIN) BY THE HOUSE FINANCE                            
COMMITTEE, entitled:                                                           
                                                                               
An Act relating to workers compensation self-                                 
insurance.                                                                     
                                                                               
                                                                               

1998-01-12                     Senate Journal                      Page 2163
HB 116                                                                       
was read the first time and referred to the Labor and Commerce,                
Judiciary and Finance Committees.                                              
                                                                               
                                                                               
                                Communications                               
                                                                               
Letter dated January 12 from Senator Kelly and Representative                  
Mulder, Cochairs of the Deferred Maintenance Task Force, was read              
stating:                                                                       
                                                                               
The Deferred Maintenance Task Force has completed its assigned                 
task.  It adopted the attached report to the Governor and the                  
Legislature on January 10, 1998.  You will receive a formal printed            
copy when they are completed.                                                  
                                                                               
The Task Force worked diligently to identify state assets with                 
deferred maintenance needs.  We have a proposal for financing the              
needed repairs.  We have recommendations to prevent a reoccurrence             
of the problem we were called together to help resolve.                        
                                                                               
The House and Senate Rules Committees will introduce six pieces                
of legislation today at the request of the Deferred Maintenance Task           
Force.  This will begin the formal legislative discussions on                  
addressing the deferred maintenance needs we identified.                       
                                                                               
However, the current trend in oil pricing, and its future impact on            
the Constitutional Budget Reserve, may dictate a less ambitious                
approach to solving the entire problem at this time.  Fiscal prudence          
may require the proposal to be scaled back to the most essential               
elements.  We expect the Legislature, over the next several months,            
to assess this impact as it considers the legislative package.                 
                                                                               
                                                                               

1998-01-12                     Senate Journal                      Page 2164
                         Introduction and Reference of                        
                              Senate Resolutions                              
                                                                               
SCR 19                                                                       
SENATE CONCURRENT RESOLUTION NO. 19 BY THE                                     
SENATE RULES COMMITTEE BY REQUEST OF THE                                       
DEFERRED MAINTENANCE TASK FORCE,                                               
                                                                               
Relating to the use of prototype designs in public                            
school construction projects.                                                  
                                                                               
was read the first time and referred to the Health, Education and              
Social Services and Finance Committees.                                        
                                                                               
                                                                               
                  Introduction and Reference of Senate Bills                 
                                                                               
SB 207                                                                       
SENATE BILL NO. 207 BY SENATOR WARD, entitled:                                 
                                                                               
An Act relating to penalties for sales or gifts of                            
tobacco to persons under 19 years of age, to                                   
possession of tobacco by a person under 19 years of                            
age, and to penalties on cigarette tax and tobacco                             
tax licensees for selling or giving cigarettes or                              
tobacco to persons under 19 years of age.                                      
                                                                               
was read the first time and referred to the State Affairs and Judiciary        
Committees.                                                                    
(Prefile released January 2, 1998)                                             
                                                                               
SB 208                                                                       
SENATE BILL NO. 208 BY SENATOR PARNELL, entitled:                              
                                                                               
An Act relating to municipal service areas and                                
providing for voter approval of the formation,                                 
alteration, or abolishment of certain service areas.                           
                                                                               
was read the first time and referred to the Community and Regional             
Affairs and Judiciary Committees.                                              
(Prefile released January 2, 1998)                                             

1998-01-12                     Senate Journal                      Page 2165
SB 209                                                                       
SENATE BILL NO. 209 BY SENATOR WARD, entitled:                                 
                                                                               
An Act relating to the Task Force on Privatization;                           
and providing for an effective date.                                           
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
(Prefile released January 2, 1998)                                             
                                                                               
SB 210                                                                       
SENATE BILL NO. 210 BY SENATORS DUNCAN, Kelly, Ellis,                          
entitled:                                                                      
                                                                               
An Act relating to electronic deposit of workers                              
compensation benefits.                                                         
                                                                               
was read the first time and referred to the Labor and Commerce and             
State Affairs Committees.                                                      
(Prefile released January 2, 1998)                                             
                                                                               
SB 211                                                                       
SENATE BILL NO. 211 BY SENATORS TAYLOR, Mackie,                                
entitled:                                                                      
                                                                               
An Act renaming the Gravina Veterans Memorial                                 
Bridge as the Ralph M. Bartholomew Veterans                                    
Memorial Bridge.                                                               
                                                                               
was read the first time and referred to the Transportation Committee.          
(Prefile released January 2, 1998)                                             
                                                                               
SB 212                                                                       
SENATE BILL NO. 212 BY SENATOR ELLIS, entitled:                                
                                                                               
An Act relating to automated teller machines.                                 
                                                                               
was read the first time and referred to the Labor and Commerce and             
Judiciary Committees.                                                          
(Prefile released January 2, 1998)                                             

1998-01-12                     Senate Journal                      Page 2166
SB 213                                                                       
SENATE BILL NO. 213 BY SENATOR DUNCAN, entitled:                               
                                                                               
An Act extending the termination date of the                                  
Alaska Minerals Commission.                                                    
                                                                               
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
(Prefile released January 2, 1998)                                             
                                                                               
SB 214                                                                       
SENATE BILL NO. 214 BY SENATORS MILLER AND GREEN,                              
Kelly, entitled:                                                               
                                                                               
An Act relating to the possession of a concealed                              
deadly weapon by peace officers and chief                                      
administrative officers of local police departments;                           
to the definition of police officer as it is defined for                       
police standards; and providing for an effective                               
date.                                                                          
                                                                               
was read the first time and referred to the State Affairs Committee.           
(Prefile released January 2, 1998)                                             
                                                                               
SB 215                                                                       
SENATE BILL NO. 215 BY SENATOR KELLY, entitled:                                
                                                                               
An Act exempting certain seasonal employees of                                
recreational residential youth camps from minimum                              
wage and overtime wage requirements.                                           
                                                                               
was read the first time and referred to the Labor and Commerce                 
Committee.                                                                     
(Prefile released January 2, 1998)                                             
                                                                               
SB 216                                                                       
SENATE BILL NO. 216 BY SENATORS HALFORD, Green,                                
Donley, Taylor, Wilken, Leman, entitled:                                       
                                                                               
An Act providing for the civil commitment of                                  
sexually violent predators.                                                    

1998-01-12                     Senate Journal                      Page 2167
SB 216                                                                       
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
(Prefile released January 9, 1998)                                             
                                                                               
SB 217                                                                       
SENATE BILL NO. 217 BY SENATOR DUNCAN, entitled:                               
                                                                               
An Act relating to the offense of selling or giving                           
tobacco to a minor; and providing for an effective                             
date.                                                                          
                                                                               
was read the first time and referred to the State Affairs and Judiciary        
Committees.                                                                    
(Prefile released January 9, 1998)                                             
                                                                               
SB 218                                                                       
SENATE BILL NO. 218 BY SENATORS HALFORD, Green,                                
Donley, Taylor, Leman, entitled:                                               
                                                                               
An Act relating to the crime of murder and to                                 
murder of children.                                                            
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
(Prefile released January 9, 1998)                                             
                                                                               
SB 219                                                                       
SENATE BILL NO. 219 BY SENATORS HALFORD, Green,                                
Donley, Taylor, Leman, entitled:                                               
                                                                               
An Act relating to establishing an office of crime                            
victims advocacy; and amending Rule 16, Alaska                                 
Rules of Criminal Procedure, Rule 9, Alaska                                    
Delinquency Rules, and Rule 501, Alaska Rules of                               
Evidence.                                                                      
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
(Prefile released January 9, 1998)                                             

1998-01-12                     Senate Journal                      Page 2168
SB 220                                                                       
SENATE BILL NO. 220 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE LEGISLATIVE BUDGET AND AUDIT                                 
COMMITTEE, entitled:                                                           
                                                                               
An Act making a supplemental appropriation to the                             
Alaska Permanent Fund Corporation; and providing                               
for an effective date.                                                         
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
SB 221                                                                       
SENATE BILL NO. 221 BY THE SENATE FINANCE                                      
COMMITTEE, entitled:                                                           
                                                                               
An Act relating to negatively amortizing loans                                
originated under a program approved or sponsored                               
by the state or federal government.                                            
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
SB 222                                                                       
SENATE BILL NO. 222 BY THE SENATE RULES COMMITTEE,                             
entitled:                                                                      
                                                                               
An Act naming the Robert B. Atwood Building.                                  
                                                                               
was read the first time and referred to the State Affairs Committee.           
                                                                               
SB 223                                                                       
SENATE BILL NO. 223 BY THE SENATE RULES COMMITTEE                              
BY REQUEST, entitled:                                                          
                                                                               
An Act lowering the age requirement from 60                                   
years to 55 years for purposes of senior housing                               
programs; and repealing a provision relating to the                            
interest rate on senior housing loans made by the                              
Alaska Housing Finance Corporation.                                            
                                                                               
was read the first time and referred to the State Affairs Committee.           

1998-01-12                     Senate Journal                      Page 2169
SB 224                                                                       
SENATE BILL NO. 224 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE DEFERRED MAINTENANCE TASK                                    
FORCE, entitled:                                                               
                                                                               
An Act relating to operating appropriations for                               
annual maintenance and repair and periodic renewal                             
and replacement of public buildings and facilities;                            
and providing for an effective date.                                           
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
SB 225                                                                       
SENATE BILL NO. 225 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE DEFERRED MAINTENANCE TASK                                    
FORCE, entitled:                                                               
                                                                               
An Act making a special appropriation under art.                              
IX, sec. 17(c), Constitution of the State of Alaska,                           
from the constitutional budget reserve fund to the                             
build Alaska fund; and providing for an effective                              
date.                                                                          
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
SB 226                                                                       
SENATE BILL NO. 226 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE DEFERRED MAINTENANCE TASK                                    
FORCE, entitled:                                                               
                                                                               
An Act relating to preventive maintenance                                     
programs required for certain state grants; and                                
providing for an effective date.                                               
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                                                                               

1998-01-12                     Senate Journal                      Page 2170
SB 227                                                                       
SENATE BILL NO. 227 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE DEFERRED MAINTENANCE TASK                                    
FORCE, entitled:                                                               
                                                                               
An Act relating to the Public Facilities Financing                            
Corporation; authorizing an advisory vote on                                   
whether the legislature should appropriate                                     
$1,500,000,000 from the constitutional budget                                  
reserve fund to capitalize the build Alaska fund; and                          
providing for an effective date.                                               
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
SB 228                                                                       
SENATE BILL NO. 228 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE DEFERRED MAINTENANCE TASK                                    
FORCE, entitled:                                                               
                                                                               
An Act authorizing projects of the Public Facilities                          
Financing Corporation and the amount of the cost of                            
the projects that may be borne by the Public                                   
Facilities Financing Corporation; and providing for                            
an effective date.                                                             
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                                                                               
                       Introduction of Executive Orders                      
                                                                               
EO 100                                                                       
EXECUTIVE ORDER NO. 100                                                        
                                                                               
Transferring the authentic Native handicraft                                  
identification seal program, known as the silver                               
hand program, from the Department of Commerce                                  
and Economic Development to the Alaska State                                   
Council on the Arts within the Department of                                   
Education.                                                                     

1998-01-12                     Senate Journal                      Page 2171
EO 100                                                                       
was referred to the Labor and Commerce Committee.                              
                                                                               
Governors transmittal letter dated January 9:                                  
                                                                               
Dear President Miller:                                                         
                                                                               
I am transmitting an Executive Order to formally transfer the                  
authentic Native handicraft identification seal program, known as the          
silver hand program, from the Department of Commerce and                       
Economic Development to the Alaska State Council on the Arts.                  
                                                                               
This transfer places the program in an arm of state government more            
closely allied with the artistic nature of the articles that bear the          
program's seal.  The council's general oversight of other artistic             
endeavors should allow for smooth integration of the administration            
of the silver hand program.  The transfer will result in better                
efficiency and more knowledgeable application of the statutory                 
provisions.                                                                    
                                                                               
I urge your support of this Executive Order to help streamline state           
government operations.                                                         
                                                                               
	Sincerely,                                                               
						/s/                                                                      
	Tony Knowles                                                             
	Governor                                                                 
                                                                               
                                                                               
                             Unfinished Business                             
                                                                               
Representative Croft and Representative Ryan notified the Senate that          
the House was ready to do business.                                            
                                                                               
                                                                               
                                Announcements                                
                                                                               
Announcements were published on January 8, 1998 under separate                 
cover.                                                                         
                                                                               

1998-01-12                     Senate Journal                      Page 2172
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 Adjournment                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., January 13, 1998.  Without              
objection, the Senate adjourned at 10:30 a.m.                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                          January 1998         

1998-01-12                     Senate Journal                      Page 2173
                                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                                                    
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
JAN 21                         WEDNESDAY  9:00 AM                              
	STATE REVENUE FORECAST-CHUCK LOGSDON, DOR                                    
	STATE EMPLOYMENT FORECAST-CHRIS MILLER, DOL                                  
                                                                               
JAN 22                         THURSDAY  9:00 AM                               
	POLICIES AND PRIORITIES-CRAIG HOLT, CONSULTANT                               
                                                                               
JAN 23                          FRIDAY  9:00 AM                                
	CBR FUND PERFORMANCE-ROSS KINNEY, DOR                                        
	RIP UPDATE AND COLLECTIVE BARGAINING                                         
	REVIEW-ANNALEE MCCONNELL, OMB                                                
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
JAN 12                          MONDAY  9:00 AM                                
	NO MEETING SCHEDULED                                                         
                                                                               
JAN 14                         WEDNESDAY  9:00 AM                              
	SB 197REGULATING HEALTH MAINTENANCE ORGS.                                    
                                                                               
JAN 16                          FRIDAY  9:00 AM                                
	HB 189RESTRICT TOBACCO SALES                                                 
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
JAN 15                         THURSDAY  1:30 PM                               
	SB 198UNIFORM PARTNERSHIP ACT                                                
	SB 205OCCUPATIONAL HEALTH & SAFETY AUDITS                                    

1998-01-12                     Senate Journal                      Page 2174
                                    RULES                                    
                               FAHRENKAMP RM 203                               
JAN 12                          MONDAY  0:00 AM                                
	-- MEETING CANCELLED --                                                      
	UPON ADJOURNMENT                                                             
	RULES MEETING                                                                
                                                                               
JAN 21                         WEDNESDAY  0:00 AM                              
	UPON ADJOURNMENT                                                             
	SB 159NEW BUSINESS INCENTIVE PROGRAM                                         
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                          LEGISLATIVE BUDGET & AUDIT                         
                                CAPITOL ROOM 408                               
JAN 14                         WEDNESDAY  3:30 PM                              
	SUBCOMMITTEE FOR THE SELECTION OF THE                                        
	LEGISLATIVE AUDITOR                                                          
                                                                               
JAN 21                         WEDNESDAY  3:30 PM                              
                               SENATE FINANCE 532                              
	SPECIAL AUDIT REQUESTS, PRELIMINARY AUDITS,                                  
	RELEASE OF AUDITS, APPOINTMENT OF LEGISLATIVE                                
	AUDITOR                                                                      
                                                                               
                                OTHER MEETINGS                               
                                                                               
                              STATE OF THE STATE                             
                                 HOUSE CHAMBER                                 
JAN 13                          TUESDAY  8:00 PM                               
	JOINT SESSION: STATE OF THE STATE ADDRESS                                    
	THE HONORABLE TONY KNOWLES, GOVERNOR                                         
                                                                               
JAN 14                         WEDNESDAY 11:30 AM                              
	JOINT SESSION TO CONSIDER GOVERNORS VETOES                                   
                                                                               
                             STATE OF THE BUDGET                             
JAN 15                         THURSDAY  8:00 PM                               
	JOINT SESSION: STATE OF THE BUDGET ADDRESS                                   
	THE HONORABLE TONY KNOWLES, GOVERNOR