Legislature(1997 - 1998)
1998-02-02 Senate Journal
Full Journal pdf1998-02-02 Senate Journal Page 2371 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Twenty-second Day Pursuant to adjournment the Senate was called to order by President Miller at 11:03 a.m. The roll showed sixteen members present. Senators Adams, Halford, Kelly were excused from a call of the Senate. Senator Parnell was absent. The prayer was offered by the Chaplain, Reverend Paul Beran of the Resurrection Lutheran Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Gracious Father, You have carved the majestic frowning mountains. You have hollowed out the depths of the sea. You have breathed into each of us the breath of life and entrusted to us the gift of this new day. As we gather today, we think of one of our colleagues, Senator Ray Christiansen, and in silence we remember him before You. We pray for his family. As we bow in silence before You, we confess our utter dependence upon You, acknowledging that we see only in part, but You see fully, that we experience pressures upon us, but You are the giver of clarity and peace. Help us to hear the faint voices of the voiceless, to see the plight of the poor, and the perspective to assemble the enfolding puzzle. 2371 1998-02-02 Senate Journal Page 2372 So we ask of You: wisdom, guidance, patience, kindness one to another, and the humility to see You at work through the deliberations of this Senate. Breathe Your Spirit upon us. We ask this in the Name of Him who came, not to be served but to serve, and to give His life as a ransom for many, Jesus Christ, the Savior. Amen. Senator Duncan led the Senate in the Pledge of Allegiance. Certification Senator Taylor moved and asked unanimous consent that the journals for the nineteenth, twentieth and twenty-first legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated January 30 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 26 HOUSE CONCURRENT RESOLUTION NO. 26 BY REPRESENTATIVES PORTER, Brice, Urging support of the 1998 International People First Conference. was read the first time and referred to the State Affairs Committee. The presence of Senator Parnell was noted. 1998-02-02 Senate Journal Page 2373 Communications The following Budget and Audit Reports were received from Pat Davidson, Acting Legislative Auditor, in accordance with AS 24.20.311 and are on file in the Office of the Secretary of the Senate: Department of Fish and Game FY 97 Estimated Board Attendance Costs, December 5, 1997 Department of Public Safety, Council on Domestic Violence and Sexual Assault, September 30, 1997 (Sunset) Department of Commerce and Economic Development, Division of Occupational Licensing, Board of Certified Real Estate Appraisers, January 7, 1998 (Sunset) Department of Commerce and Economic Development, Division of Occupational Licensing, Board of Certified Direct-Entry Midwives, January 9, 1998 (Sunset) Board of Governors of the Alaska Bar Association, January 2, 1998 (Sunset) FY 97 Compensation and Travel Survey of Executive Management Positions, January 21, 1998 Standing Committee Reports SB 181 The Health, Education and Social Services Committee considered SENATE BILL NO. 181 An Act relating to assistance for abortions under the general relief program; and relating to financial responsibility for the costs of abortions and recommended it be replaced with CS FOR SENATE BILL NO. 181(HES) An Act relating to assistance for abortions under the general relief program. 1998-02-02 Senate Journal Page 2374 SB 181 Signing no recommendation: Senator Wilken, Chair. Signing do pass: Senators Ward, Leman, Green. Signing do not pass: Senator Ellis. Fiscal notes for the bill and the committee substitute published today from Department of Health and Social Services (2). The bill was referred to the Finance Committee. HB 189 The Health, Education and Social Services Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 189(JUD) am An Act relating to sale, gift, exchange, or distribution of tobacco and tobacco products and recommended it be replaced with SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 189(HES) Signing do pass: Senator Wilken, Chair, Senators Ward, Leman, Ellis. Signing amend: Senator Green. Zero fiscal notes for the Senate committee substitute published today from Department of Commerce and Economic Development, Department of Revenue. Zero fiscal note for the bill published today from Department of Revenue. The bill was referred to the Judiciary Committee. SB 221 The Rules Committee considered SENATE BILL NO. 221 An Act relating to negatively amortizing loans originated under a program approved or sponsored by the state or federal government. Signing to calendar: Senator Kelly, Chair, Senators Taylor, Leman, Torgerson. The bill is on todays calendar. 1998-02-02 Senate Journal Page 2375 SB 251 The Rules Committee considered SENATE BILL NO. 251 An Act naming Herman Leirer Road near Seward. Signing to calendar: Senator Kelly, Chair, Senators Taylor, Leman, Torgerson. The bill is on todays calendar. Introduction and Reference of Senate Bills SB 272 SENATE BILL NO. 272 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to children in need of aid matters and proceedings; relating to murder of children, criminally negligent homicide, kidnapping, criminal nonsupport, the crime of indecent exposure, and the crime of endangering the welfare of a child; relating to registration of certain sex offenders; relating to sentencing for certain crimes involving child victims; relating to the state medical examiner and reviews of child fatalities; relating to teacher certification and convictions of crimes involving child victims; relating to access, confidentiality, and release of certain information concerning the care of children, child abuse and neglect, and child fatalities; authorizing the Department of Health and Social Services to enter into an interstate compact concerning adoption and medical assistance for certain children with special needs; authorizing the establishment of a multidisciplinary child protection team to review reports of child abuse or neglect; relating to immunity from liability for certain state actions concerning matters involving child protection and fatality reviews and children in need of aid; relating to persons required to report suspected child abuse or neglect; relating to foster care placement and to payment for children in foster and other care and the waiver of certain foster care requirements; relating to the access to certain criminal justice information and licensure of certain child care facilities; amending Rule 218, Alaska Rules of Appellate Procedure; amending Rules 1, 3, 15, 18, and 19, Alaska Child in Need of Aid Rules; and providing for an effective date. 1998-02-02 Senate Journal Page 2376 SB 272 was read the first time and referred to the Health, Education and Social Services, Judiciary and Finance Committees. Indeterminate fiscal note published today from Office of the Governor. Governors transmittal letter dated January 30: Dear President Miller: More than 15,500 reports of child abuse or neglect were filed last year in Alaska. National statistics have shown Alaska has the highest rate of child abuse and neglect among all 50 states with 38 substantiated cases for every 1,000 children in the state's population. These disturbing numbers have steadily increased since the 1980's along with increases in substance abuse and domestic violence. One abuse feeds another. The cycle must stop. We are shirking our greatest responsibility if we don't face this tragedy head on and demand the tools, laws and resources to put an end to it. This child protection bill I am transmitting to you today is my Administration's effort to improve Alaska's laws to protect our children and prevent the crime that inevitably results when abused kids become angry teens and adults. This bill is part of my Smart Start for Alaska's Children initiative a comprehensive approach to breaking the cycle of abuse and neglect, stopping family violence, preventing crime, and working together for a bright future for all of Alaska's children. The bill makes many changes in Alaska law to protect children and prevent crime. The most significant include: Updating the child in need of aid laws to put children first and make sure every effort is made to reunify the family when appropriate, and to expedite making the child legally eligible for permanent placement when reunification is clearly not in the child's best interest. 1998-02-02 Senate Journal Page 2377 SB 272 Increasing penalties for people who kill or harm children by abuse or neglect. Establishing a child fatality review team and facilitating the sharing of information to improve our legal tools to investigate child fatalities and more comprehensively address situations that put Alaska children at risk. Requiring incarcerated sex offenders to register as sex offenders prior to release from prison. Improving criminal laws regarding criminal nonsupport of children by heightening penalties to be sure parents who are able, but choose not to support their children are appropriately punished. Authorizing the Department of Health and Social Services to enter into the Interstate Compact on Adoption and Medical Assistance to facilitate adoption of hard-to-place children when they move from state to state. I have proposed attacking Alaska's escalating problem with child abuse on three major fronts: health care, prevention programs, and intervention when children are in peril. Earlier this session, I introduced a bill to expand Medicaid eligibility for children, giving our kids a chance for a healthy start in life. That legislation, along with several initiatives in my proposed budget, boosts programs such as Healthy Families and Head Start to prevent child abuse through education and counseling. This bill completes my Smart Start package by providing the necessary intervention tools to stop abusive situations. It represents my Administration's effort to say we will not allow this harmful situation to continue. I urge you to give this bill and my entire Smart Start package thorough and swift attention. Sincerely, /s/ Tony Knowles Governor 1998-02-02 Senate Journal Page 2378 SB 273 SENATE BILL NO. 273 BY THE SENATE FINANCE COMMITTEE, entitled: An Act requiring that gross receipts and ideal gross be used to account for charitable gaming activities; requiring municipalities to provide to the state records concerning sales taxes assessed for charitable gaming activities; requiring that a charitable share of charitable gaming receipts be dedicated to charitable uses; relating to reports required for charitable gaming activities; relating to payments to the state from gross receipts of charitable gaming; relating to contracts between operators or vendors and permittees; relating to licensing of multiple-beneficiary permittees and to the duties of a multiple-beneficiary permittee to each holder of the permit; requiring a person employed as a gaming manager to be certified by the state; limiting the expenditure of amounts of gross receipts and ideal gross required to be paid to permittees or retained by permittees; relating to the amount of gross receipts and prizes allowed under a permit or a multiple-beneficiary permit; allowing operators to pool gross receipts, prizes, and door prizes among permittees; and providing for an effective date. was read the first time and referred to the Finance Committee. Consideration of the Calendar Second Reading of Senate Bills SB 221 SENATE BILL NO. 221 An Act relating to negatively amortizing loans originated under a program approved or sponsored by the state or federal government was read the second time. Senator Sharp, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2316. Without objection, CS FOR SENATE BILL NO. 221(FIN) An Act relating to negatively amortizing loans secured by owner-occupied real property originated under a program approved or sponsored by the state or federal government, including congressionally chartered national corporations was adopted and read the second time. 1998-02-02 Senate Journal Page 2379 SB 221 Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 221(FIN) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 221(FIN) An Act relating to negatively amortizing loans secured by owner- occupied real property originated under a program approved or sponsored by the state or federal government, including congressionally chartered national corporations pass the Senate? The roll was taken with the following result: CSSB 221(FIN) Third Reading - Final Passage YEAS: 16 NAYS: 1 EXCUSED: 3 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Green, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Wilken Nays: Ward Excused: Adams, Halford, Kelly and so, CS FOR SENATE BILL NO. 221(FIN) passed the Senate. Senator Ward gave notice of reconsideration. SB 251 SENATE BILL NO. 251 An Act naming Herman Leirer Road near Seward 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. 251 was read the third time. 1998-02-02 Senate Journal Page 2380 SB 251 Senators Mackie, Duncan moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: Shall SENATE BILL NO. 251 An Act naming Herman Leirer Road near Seward pass the Senate? The roll was taken with the following result: SB 251 Third Reading - Final Passage YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Green, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Adams, Halford, Kelly and so, SENATE BILL NO. 251 passed the Senate and was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. Engrossment SB 251 SENATE BILL NO. 251 An Act naming Herman Leirer Road near Seward was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1998-02-02 Senate Journal Page 2381 Adjournment Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 4, 1998. Without objection, the Senate adjourned at 11:17 a.m. Nancy Quinto Secretary of the Senate February 1998 1998-02-02 Senate Journal Page 2382 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 FEB 02 MONDAY 1:30 PM + SB 246HARBORVIEW DEVELOPMENTAL CENTER FEB 04 WEDNESDAY 0:00 AM NO MEETING SCHEDULED FEB 06 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 FEB 02 MONDAY 9:00 AM + SB 229APPROPRIATIONS: OPERATING BUDGET PERFORMANCE MEASUREMENT HEARINGS (COMPONENTS TO BE ANNOUNCED) FEB 03 TUESDAY 9:00 AM TELECONFERENCE - LISTEN ONLY + SB 36PUBLIC SCHOOL FUNDING + SB 142REGIONAL EDUCATIONAL ATTENDANCE AREAS + SB 146PUBLIC SCHOOL FUNDING/CHILD CARE GRANTS + SB 193ADMINISTRATIVE SPENDING LIMIT FOR SCHOOLS 1998-02-02 Senate Journal Page 2383 FINANCE CONTINUED FEB 03 TUESDAY 6:30 PM TELECONFERENCE - PUBLIC TESTIMONY + SB 36PUBLIC SCHOOL FUNDING + SB 142REGIONAL EDUCATIONAL ATTENDANCE AREAS + SB 146PUBLIC SCHOOL FUNDING/CHILD CARE GRANTS + SB 193ADMINISTRATIVE SPENDING LIMIT FOR SCHOOLS FEB 04 WEDNESDAY 9:00 AM + SB 231APPROPS:CAPITAL/REAPPROP/FUNDS/OPERATING DEPT OF TRANSPORTATION STIP & AIRPORT IMPROVEMENT PROGRAM FEB 05 THURSDAY 9:00 AM + SB 231APPROPS:CAPITAL/REAPPROP/FUNDS/OPERATING AHFC OVERVIEW + SB 219OFFICE OF VICTIMS ADVOCACY + SB 229APPROPRIATIONS: OPERATING BUDGET PERFORMANCE MEASUREMENT HEARINGS (COMPONENTS TO BE ANNOUNCED) FEB 06 FRIDAY 9:00 AM + ALASKA RAILROAD CORPORATION OVERVIEW + SB 229APPROPRIATIONS: OPERATING BUDGET PERFORMANCE MEASUREMENT HEARINGS (COMPONENTS TO BE ANNOUNCED) ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 02 MONDAY 0:00 AM NO MEETING SCHEDULED FEB 04 WEDNESDAY 9:00 AM HCR 19COUNCIL OF DEAF/HARD OF HEARING/DEAF/BLIN SB 241POSTSECONDARY SCHOOL TAX CREDIT SCR 19PROTOTYPE SCHOOL DESIGN HB 170SERVICE ANIMALS FOR PHYS/MENT. CHALLENGED <BILLS HELD FROM PREVIOUS MEETINGS> FEB 06 FRIDAY 9:00 AM SB 237COUNCIL DOMESTIC VIOLENCE & SEXUAL ASSAUL SCR 21SOBRIETY AWARENESS MONTH <BILLS HELD FROM PREVIOUS MEETINGS> 1998-02-02 Senate Journal Page 2384 JUDICIARY BELTZ ROOM 211 FEB 02 MONDAY 1:30 PM + SB 199CHARITABLE GAMING & GAMING ON FERRIES FEB 04 WEDNESDAY 1:30 PM + HB 7VICTIM/JUVENILE OFFENDER MEDIATION + SB 218CRIMES OF MURDER & CHILD MURDERS FEB 06 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 FEB 03 TUESDAY 1:30 PM -- MEETING POSTPONED -- + SB 254LEVY ON PERMANENT FUND DIVIDEND FEB 05 THURSDAY 1:30 PM + SB 158INSURANCE CHANGES FOR DR. LIC REVOC. + SB 254LEVY ON PERMANENT FUND DIVIDEND -- RESCHEDULED FROM 02/03/98 -- ---------------------------------------- RESOURCES BUTROVICH ROOM 205 FEB 02 MONDAY 0:00 AM NO MEETING SCHEDULED FEB 04 WEDNESDAY 3:30 PM HJR 39LIMIT DECLARATION OF NATL. MONUMENTS <BILL POSTPONED TO 2/6/98> SCR 20STATE AREAWIDE LEASING PROGRAM <BILL POSTPONED TO 2/6/98> BRIEFING: WATERWAY MANAGEMENT ISSUES -- CONTINUED FROM 01/30/98 -- 1998-02-02 Senate Journal Page 2385 RESOURCES CONTINUED FEB 06 FRIDAY 3:30 PM + SB 180STATE RIGHTS-OF-WAY: RS 2477 <REMOVED FROM AGENDA> HJR 39LIMIT DECLARATION OF NATL. MONUMENTS -- RESCHEDULED FROM 02/04/98 -- SCR 20STATE AREAWIDE LEASING PROGRAM -- RESCHEDULED FROM 02/04/98 -- <PREVIOUSLY HEARD/SCHEDULED BILLS> ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 FEB 03 TUESDAY 3:30 PM CANCELLED - BILLS HELD TO 02/05/98 SB 261SPECIAL OLYMPICS 2001 SB 224OPERATING APPROPRIATIONS FOR MAINTENANCE SB 225APPROP: BUILD ALASKA FUND SB 226PREVENTATIVE MAINTENANCE REQUIREMENT SB 227PUBLIC FACILITIES FINANCING CORP SB 228APPROP: PUB FACILITIES FIN CORP PROJECTS FEB 05 THURSDAY 3:30 PM -- RESCHEDULED FROM 02/03/98 -- SB 76STATE LONG-TERM PLANNING + SB 261SPECIAL OLYMPICS 2001 + SB 224OPERATING APPROPRIATIONS FOR MAINTENANCE + SB 225APPROP: BUILD ALASKA FUND + SB 226PREVENTATIVE MAINTENANCE REQUIREMENT + SB 227PUBLIC FACILITIES FINANCING CORP + SB 228APPROP: PUB FACILITIES FIN CORP PROJECTS ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 FEB 03 TUESDAY 1:30 PM -- MEETING CANCELLED - TO BE RESCHEDULED -- SB 259METROPOLITAN PLANNING AUTHORITY SB 263SECONDARY ROADS SB 264AID FOR MUNICIPAL ROAD MAINTENANCE 1998-02-02 Senate Journal Page 2386 TRANSPORTATION CONTINUED FEB 05 THURSDAY 0:00 AM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES INFORMATION TECHNOLOGY SENATE FINANCE 532 FEB 05 THURSDAY 1:30 PM DEPT OF ADMINISTRATION BRIEFING ON YEAR 2000 COMPUTER ISSUES FEB 12 THURSDAY 1:30 PM DEPT OF HEALTH & SOCIAL SERVICES BRIEFING ON YEAR 2000 COMPUTER ISSUES JOINT COMMITTEES SELECT CMTE ON LEGISLATIVE ETHICS BELTZ ROOM 211 FEB 02 MONDAY 4:30 PM MEETING CONTINUED + EXECUTIVE SESSION & RETURN TO OPEN SESSION ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH ROOM 205 FEB 02 MONDAY 12:30 PM -- MEETING CANCELLED -- OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH RM 205 FEB 04 WEDNESDAY 12:00 PM CHILDRENS CAUCUS ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM 205 FEB 02 MONDAY 3:30 PM MAJORITY CAUCUS