Legislature(1997 - 1998)
1998-02-24 Senate Journal
Full Journal pdf1998-02-24 Senate Journal Page 2627 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Forty-fourth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:07 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, The Reverend Kathleen Wakefield of St. Brendans Episcopal Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord, these people come before You this morning with the responsibility of the welfare of the people of this state. Help them know that in serving the people, they serve You. Give them wisdom and discernment to make good decisions, knowing that they work for the good of all. Help them remember those most in need: the poor, the hungry, the homeless, the physically and mentally ill, the elderly and the children. Grant them the grace to serve with dignity and integrity, remembering always the dignity of others. We ask Your blessing on this body, and on all who do Your work in the world. Amen. Senator Lincoln led the Senate in the Pledge of Allegiance. Certification Senator Taylor moved and asked unanimous consent that the journal for the forty-third legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2627 1998-02-24 Senate Journal Page 2628 Messages from the House Message dated February 23 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 29 HOUSE CONCURRENT RESOLUTION NO. 29 BY THE HOUSE RULES COMMITTEE, Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. was read the first time and referred to the Rules Committee. HCR 30 HOUSE CONCURRENT RESOLUTION NO. 30 BY THE HOUSE RULES COMMITTEE, Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. was read the first time and referred to the Rules Committee. First Reading and Reference of House Bills HB 193 CS FOR HOUSE BILL NO. 193(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to financial assistance for students attending certain graduate education programs; and providing for an effective date. was read the first time and referred to the Finance Committee. 1998-02-24 Senate Journal Page 2629 Communications The following report is on file in the Office of the Secretary of the Senate: Report of the Alaska Minerals Commission, January 1998 from Irene Anderson, Chair in accordance with AS 44.33.431 Standing Committee Reports SB 180 The Resources Committee considered SENATE BILL NO. 180 An Act relating to state rights-of-way and recommended it be replaced with CS FOR SENATE BILL NO. 180(RES) Signing do pass: Senator Halford, Chair, Senators Leman, Sharp, Green. Fiscal note for the bill and committee substitute published today from Department of Natural Resources. Zero fiscal note for the bill and committee substitute published today from Department of Transportation and Public Facilities. The bill was referred to the Finance Committee. SB 281 The Community and Regional Affairs Committee considered SENATE BILL NO. 281 An Act relating to general grant land entitlements for the City and Borough of Yakutat; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 281(CRA) Signing do pass: Senator Mackie, Chair. Signing no recommendation: Senators Hoffman, Phillips, Wilken. 1998-02-24 Senate Journal Page 2630 SB 281 Fiscal note for the bill and committee substitute published today from Department of Natural Resources. President Miller added a Finance Committee referral to the bill. The bill was referred to the Resources and Finance Committees. SB 195 The Rules Committee considered SENATE BILL NO. 195 An Act relating to common law liens, to remedies, costs, and fees imposed for the registration, filing, or recording of certain nonconsensual common law liens, and to penalties for recording common law liens. Signing to calendar: Senator Kelly, Chair, Senators Taylor, Leman, Torgerson. The bill is on todays calendar. SB 259 The Rules Committee considered SENATE BILL NO. 259 An Act relating to the membership of and the states participation in a metropolitan highway planning organization. Signing to calendar: Senator Kelly, Chair, Senators Torgerson, Leman, Duncan. The bill is on todays calendar. HJR 49 The Rules Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 49(RES) Relating to opposition to a moratorium on the building of roads in the roadless areas of national forests. Signing to calendar: Senator Kelly, Chair, Senators Torgerson, Duncan. Signing to calendar and do pass: Senator Leman. The resolution is on todays calendar. 1998-02-24 Senate Journal Page 2631 Introduction and Reference of Senate Bills SB 330 SENATE BILL NO. 330 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: An Act relating to underground facilities. was read the first time and referred to the Labor and Commerce and Resources Committees. Consideration of the Calendar Second Reading of Senate Bills SB 195 SENATE BILL NO. 195 An Act relating to common law liens, to remedies, costs, and fees imposed for the registration, filing, or recording of certain nonconsensual common law liens, and to penalties for recording common law liens 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. 195 was read the third time. The question being: Shall SENATE BILL NO. 195 An Act relating to common law liens, to remedies, costs, and fees imposed for the registration, filing, or recording of certain nonconsensual common law liens, and to penalties for recording common law liens pass the Senate? The roll was taken with the following result: 1998-02-24 Senate Journal Page 2632 SB 195 SB 195 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, SENATE BILL NO. 195 passed the Senate and was referred to the Secretary for engrossment. SB 259 SENATE BILL NO. 259 An Act relating to the membership of and the states participation in a metropolitan highway planning organization was read the second time. Senator Ward moved and asked unanimous consent for the adoption of the Transportation Committee Substitute offered on page 2591. Without objection, CS FOR SENATE BILL NO. 259(TRA) An Act relating to the membership of a metropolitan highway planning organization was adopted and read the second time. Senator Donley offered Amendment No. 1 : Page 1, line 8, following "23 U.S.C. 134": Insert "for a metropolitan area with a population greater than 200,000 persons" Senator Donley moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. 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. 259(TRA) am was read the third time. 1998-02-24 Senate Journal Page 2633 SB 259 The question being: Shall CS FOR SENATE BILL NO. 259(TRA) am An Act relating to the membership of a metropolitan highway planning organization pass the Senate? The roll was taken with the following result: CSSB 259(TRA) am Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, CS FOR SENATE BILL NO. 259(TRA) am passed the Senate and was referred to the Secretary for engrossment. Second Reading of House Resolutions HJR 49 CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 49(RES) Relating to opposition to a moratorium on the building of roads in the roadless areas of national forests, was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 2575. Without objection, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 49(RES) was adopted and read the second time. Senator Taylor moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 49(RES) was read the third time. 1998-02-24 Senate Journal Page 2634 HJR 49 Senator Pearce moved and asked unanimous consent that she be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senator Pearce was required to vote. Senators Donley, Taylor, Leman, Sharp, Pearce, Wilken, Mackie, Torgerson, Green, Kelly, Miller, Duncan moved and asked unanimous consent that they be shown as cross sponsors on the resolution. Without objection, it was so ordered. The question being: Shall SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 49(RES) Relating to opposition to a moratorium on the building of roads in the roadless areas of national forests, pass the Senate? The roll was taken with the following result: SCS CS SS HJR 49(RES) Third Reading - Final Passage YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Ellis and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 49(RES) passed the Senate and was referred to the Secretary for engrossment. Citations Honoring - Warren and Dorcas Neakok Representative(s) Joule Senator(s) Adams, Leman, Pearce, Duncan, Kelly, Taylor, Wilken, Hoffman, Sharp, Lincoln 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. 1998-02-24 Senate Journal Page 2635 Unfinished Business Reconsideration of Senate Bills SB 197 Senator Wilken requested that the reconsideration on CS FOR SENATE BILL NO. 197(RLS) am be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 197(RLS) am An Act relating to health care services provided by, and practices of, a health maintenance organization; providing that an enrollee in a health maintenance organization has the right to select a treating chiropractor; specifying certain chiropractic health care reports, examinations, and limits on treatment; and prohibiting health maintenance organizations from limiting free speech of health care providers pass the Senate? The roll was taken with the following result: CSSB 197(RLS) am Third Reading - On Reconsideration YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Wilken Absent: Ward and so, CS FOR SENATE BILL NO. 197(RLS) am passed the Senate on reconsideration and was referred to the Secretary for engrossment. Senator Pearce moved and asked unanimous consent that she be excused from a call of the Senate from afternoon plane time on March 12 through morning plane time on March 19. Without objection, Senator Pearce was excused. 1998-02-24 Senate Journal Page 2636 Senator Parnell moved and asked unanimous consent that he be excused from a call of the Senate on February 26. Without objection, Senator Parnell was excused. Senator Adams moved and asked unanimous consent that he be excused from the Senate, not subject to a call, from February 27 through plane time on March 2. Without objection, Senator Adams was excused. Announcements Announcements are at the end of the journal. Engrossment SB 195 SENATE BILL NO. 195 An Act relating to common law liens, to remedies, costs, and fees imposed for the registration, filing, or recording of certain nonconsensual common law liens, and to penalties for recording common law liens was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 197 CS FOR SENATE BILL NO. 197(RLS) am An Act relating to health care services provided by, and practices of, a health maintenance organization; providing that an enrollee in a health maintenance organization has the right to select a treating chiropractor; specifying certain chiropractic health care reports, examinations, and limits on treatment; and prohibiting health maintenance organizations from limiting free speech of health care providers was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1998-02-24 Senate Journal Page 2637 SB 259 CS FOR SENATE BILL NO. 259(TRA) am An Act relating to the membership of a metropolitan highway planning organization was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HJR 49 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 49(RES) Relating to opposition to a moratorium on the building of roads in the roadless areas of national forests, was engrossed, signed by the President and Secretary and returned to the House for consideration. Adjournment Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 10:45 a.m., February 25, 1998. Without objection, the Senate adjourned at 11:44 a.m. Nancy Quinto Secretary of the Senate February 1998 1998-02-24 Senate Journal Page 2638 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 25 WEDNESDAY 1:30 PM + SB 308LEASE-PURCHASE: ANCHORAGE JAIL <BILLS PREVIOUSLY HEARD> FEB 27 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 FEB 24 TUESDAY 8:30 AM -- TIME CHANGE -- <BILLS PREVIOUSLY HEARD/SCHEDULED> SB 36PUBLIC SCHOOL FUNDING SCR 19PROTOTYPE SCHOOL DESIGN + SB 261SPECIAL OLYMPICS 2001 -- BILLS BELOW RESCHEDULED TO 02/26/98 -- SB 273CHARITABLE GAMING SB 234BOARD OF GOVERNORS OF AK BAR ASSN SB 285STATE PROCUREMENT FEB 24 TUESDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION: EDUCATION: HEAD START 1998-02-24 Senate Journal Page 2639 FINANCE CONTINUED FEB 25 WEDNESDAY 9:00 AM --RESCHEDULED FROM 2/23/98 SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION NATURAL RESOURCES: DNR: OIL & GAS DEVELOPMENT FEB 25 WEDNESDAY 4:30 PM -- TIME CHANGE -- SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION: EDUCATION: WWAMI FEB 26 THURSDAY 8:30 AM -- TIME CHANGE -- <PREVIOUSLY HEARD/SCHEDULED BILLS> SB 273CHARITABLE GAMING -- RESCHEDULED FROM 02/24/98 -- SB 36PUBLIC SCHOOL FUNDING -- RESCHEDULED TO 02/26/98 6:00 PM -- + SB 234BOARD OF GOVERNORS OF AK BAR ASSN + SB 285STATE PROCUREMENT FEB 26 THURSDAY 4:30 PM -- TIME CHANGE -- SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION: CRIMINAL JUSTICE: TREATMENT PROGRAMS FEB 26 THURSDAY 6:00 PM -- TIME CHANGE -- + SB 36PUBLIC SCHOOL FUNDING FEB 27 FRIDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION: WORKFORCE DEVELOPMENT: YOUTH CORPS FEB 27 FRIDAY 4:30 PM -- TIME CHANGE -- + SB 36PUBLIC SCHOOL FUNDING 1998-02-24 Senate Journal Page 2640 FINANCE CONTINUED FEB 28 SATURDAY 10:00 AM -- TIME CHANGE -- + SB 36PUBLIC SCHOOL FUNDING MAR 02 MONDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION NATURAL RESOURCES: LANDS PROGRAMS MAR 10 TUESDAY 0:00 AM -- TIME TO BE ANNOUNCED -- SB 229APPROPRIATIONS: OPERATING BUDGET REVENUE SUMMIT MAR 11 WEDNESDAY 8:15 AM -- TIME CHANGE -- KEY CAMPAIGN PRESENTATION MAR 11 WEDNESDAY 9:30 AM -- TIME CHANGE -- -- AGENDA TO BE ANNOUNCED -- MAR 12 THURSDAY 9:00 AM -- AGENDA TO BE ANNOUNCED -- MAR 13 FRIDAY 9:00 AM -- AGENDA TO BE ANNOUNCED -- ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 25 WEDNESDAY 9:00 AM + SB 257ACADEMIC PERFORM/ACCREDITATION/STATE AID (TESTIMONY ON PAGES 1-6 OF SB 257 ONLY) + SB 238BOARD OF CERTIFIED DIRECT-ENTRY MIDWIVES -- RESCHEDULED FROM 02/23/98 -- SB 306TAX EXEMPTIONS IN CHILD SUPPORT CASES FEB 27 FRIDAY 9:00 AM + SB 321ASSISTED LIVING FACILITIES + SB 246HARBORVIEW DEVELOPMENTAL CENTER ---------------------------------------- 1998-02-24 Senate Journal Page 2641 JUDICIARY BELTZ ROOM 211 FEB 25 WEDNESDAY 1:30 PM + SB 291LIV. WILLS/ANATOMICAL GIFTS/PATIENT CARE + SB 208VOTER APPROVAL OF SERVICE AREA CHANGES <BILLS PREVIOUSLY HEARD> FEB 27 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 FEB 24 TUESDAY 1:30 PM + HB 73SALMON MARKETING ASSESSMENT & ASMI + SB 268WAGE CLAIM ASSIGNMENTS TO DEPT. OF LABOR STATE LOCATE STANDARDS <POSTPONED> <BILL PREVIOUSLY HEARD> + SB 283AUTOMOBILE CIVIL LIABILITY FEB 26 THURSDAY 1:30 PM + HB 135DENTISTS: LICENSING & EXTEND EXAMINING BD + SB 233ALCOHOL BEVERAGE CONTROL BOARD <BILLS PREVIOUSLY HEARD, IF NECESSARY> ---------------------------------------- RESOURCES BUTROVICH ROOM 205 FEB 25 WEDNESDAY 3:30 PM + CONFIRMATION HEARINGS: COMMERCIAL FISHERIES ENTRY COMMISSION BOARD OF GAME, BOARD OF MARINE PILOTS ALASKA OIL & GAS CONSERVATION COMMISSION FEB 27 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP RM 203 FEB 25 WEDNESDAY 0:00 AM -- ON ADJOURNMENT -- HCR 29AUTHORIZING A RECESS LONGER THAN 3 DAYS HCR 30AUTHORIZING A RECESS LONGER THAN 3 DAYS 1998-02-24 Senate Journal Page 2642 STATE AFFAIRS BELTZ ROOM 211 FEB 24 TUESDAY 3:30 PM + HB 334TUITION WAIVER FOR POLICE WIDOW/CHILD SB 326REGISTRATION OF SEX OFFENDERS SB 322CHILDRENS DIVIDEND FUND <BILLS PREVIOUSLY HEARD> FEB 26 THURSDAY 3:30 PM SB 309USE OF NONLEATHAL AND DEFENSIVE WEAPONS SR 1SWISS COMP OF HOLOCAUST SURVIVORS SCR 22KIDS VOTING ALASKA PROGRAMS <BILLS PREVIOUSLY HEARD> ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 FEB 24 TUESDAY 1:30 PM + SB 304REGULATION OF MOTOR VEHICLES & HWYS FEB 26 THURSDAY 1:30 PM NO MEETING SCHEDULED OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH RM 205 FEB 25 WEDNESDAY 12:00 PM --FOSTER PARENTS: FINDING SOLUTIONS ---------------------------------------- JOINT SESSION HOUSE CHAMBER FEB 25 WEDNESDAY 11:00 AM STATE OF THE JUDICIARY ADDRESS ---------------------------------------- APOC TRAINING SESSION CAPITOL RMS 203/205 FEB 25 WEDNESDAY 5:30 PM CAMPAIGN DISCLOSURE TRAINING SESSION: --NEW CAMPAIGN DISCLOSURE LAW --NEW REPORTING FORMS