Legislature(1997 - 1998)
1998-03-02 Senate Journal
Full Journal pdf1998-03-02 Senate Journal Page 2699 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Fiftieth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:07 a.m. The roll showed seventeen members present. Senators Lincoln, Mackie were excused from a call of the Senate. Senator Halford was absent. The prayer was offered by the Chaplain, Senator Taylor. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Father, when we feel alone and burdened, let us feel Your gentle touch. Be with us this day as we make decisions that involve those who trust us. Teach us that marvelous lesson that it is very possible we may be mistaken occasionally. When we are wrong, make us willing to admit it and when we are right, make us easy to live with. Amen. Senator Adams led the Senate in the Pledge of Allegiance. Certification Senator Taylor moved and asked unanimous consent that the journals for the forty-seventh, forty-eighth, and forty-ninth legislative days, Senate Journal Supplement No. 6 and Senate and House Joint Journal Supplement No. 15 be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Halford was noted. 2699 1998-03-02 Senate Journal Page 2700 Standing Committee Reports SCR 22 The State Affairs Committee considered SENATE CONCURRENT RESOLUTION NO. 22 Relating to promotion of Kids Voting Alaska programs, and recommended it be replaced with CS FOR SENATE CONCURRENT RESOLUTION NO. 22(STA) Signing do pass: Senator Green, Chair, Senators Duncan, Miller, Mackie, Ward. Zero fiscal note for the resolution and the committee substitute published today from the Senate State Affairs Committee. The resolution was referred to the Rules Committee. HB 334 Forthcoming fiscal note for the Senate Committee Substitute (page 2680) for CS FOR HOUSE BILL NO. 334(FIN) am An Act relating to waiver of tuition and fees for certain family members of a peace officer or a fire fighter killed in the line of duty; and providing for an effective date published today from University of Alaska. Recess Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 11:13 a.m. After Recess The Senate reconvened at 1:09 p.m. 1998-03-02 Senate Journal Page 2701 Introduction and Reference of Senate Resolutions SJR 42 SENATE JOINT RESOLUTION NO. 42 BY THE SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, Proposing an amendment to the Constitution of the State of Alaska relating to marriage. was read the first time and referred to the Judiciary and Finance Committees. Consideration of the Calendar Citations Honoring - Juneau Jazz and Classics Senator(s) Duncan, Wilken, Taylor, Kelly, Mackie, Hoffman, Lincoln, Parnell Representative(s) Elton, Hudson In Memoriam - Ruth Henry Arcand Representative(s) Bunde Senator(s) Donley, Wilken, Pearce, Taylor, Kelly, Mackie, Hoffman, Lincoln, Parnell, Duncan, Halford Senator Taylor moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business Senator Kelly moved and asked unanimous consent that he be allowed to withdraw his excused absence for todays session. Without objection, it was so ordered. 1998-03-02 Senate Journal Page 2702 Reconsideration of Senate Bills SB 208 Senator Parnell requested that the reconsideration on SENATE BILL NO. 208 An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas be taken up. The bill was before the Senate on reconsideration. Senator Parnell called the Senate. Senator Parnell lifted the call. Senator Sharp moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senators Sharp, Parnell offered Amendment No. 1 : Page 1, line 2, following "areas": Insert "; and providing for an effective date" Page 1, following line 6: Insert a new bill section to read: "* Sec. 2. AS29.26.050(b) is amended to read: (b) Voter registration by the municipality may not be required. However, subject to AS29.35.450(c), in order to vote for a candidate or on a ballot measure relating to a specific local election district or service area, a municipality may by ordinance require that a person be registered to vote in state elections at least 30 days before the municipal election at an address within the boundaries of that local election district or service area." Renumber the following bill sections accordingly. Page 2, lines 7 - 17: Delete all material and insert: "(c) If voters reside within a service area, abolishment of the service area is subject to approval by the majority of the voters who reside or own real property in the service area and who vote on the question. A service area in which voters reside may not be abolished and replaced by a larger service area unless that proposal 1998-03-02 Senate Journal Page 2703 SB 208 is approved, separately, by a majority of the voters who reside or own real property in the existing service area and who vote on the question, and by a majority of the voters who reside or own real property in the area outside of the existing service area that is proposed to be included and who vote on the question. A service area in which voters reside may not be altered or combined with another service area unless that proposal is approved, separately, by a majority of the voters who reside or own real property in each of the service areas affected by the proposal and who vote on the question." Page 2, following line 18: Insert new bill sections to read: "* Sec. 5. AS29.35.450(c) is amended to read: "(c) If voters reside within a service area, abolishment of the service area is subject to approval by the majority of the voters who reside ¦OR OWN REAL PROPERTYá in the service area and who vote on the question. A service area in which voters reside may not be abolished and replaced by a larger service area unless that proposal is approved, separately, by a majority of the voters who reside ¦OR OWN REAL PROPERTYá in the existing service area and who vote on the question, and by a majority of the voters who reside ¦OR OWN REAL PROPERTYá in the area outside of the existing service area that is proposed to be included and who vote on the question. A service area in which voters reside may not be altered or combined with another service area unless that proposal is approved, separately, by a majority of the voters who reside ¦OR OWN REAL PROPERTYá in each of the service areas affected by the proposal and who vote on the question. * Sec. 6. Section 5 of this Act takes effect, only if a court finds the requirement for approval of certain changes to a service area by voters that include real property owners who do not reside within the service area violates art. V, sec. 1, Constitution of the State of Alaska. * Sec. 7. If sec. 5 of this Act takes effect, it takes effect, after a court finds the voter approval requirement invalid under sec.6 of this Act, on the date that the time for filing an appeal has expired or a final decision on appeal has been reached." 1998-03-02 Senate Journal Page 2704 SB 208 Senator Sharp moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. SENATE BILL NO. 208 am was automatically in third reading. The question to be reconsidered: Shall SENATE BILL NO. 208 am An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas; and providing for an effective date pass the Senate? The roll was taken with the following result: SB 208 am Third Reading - On Reconsideration Effective Date YEAS: 17 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Adams, Donley, Duncan, Green, Halford, Hoffman, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Lincoln, Mackie Absent: Ellis and so, SENATE BILL NO. 208 am passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Senator Ward moved and asked unanimous consent that he be excused from a call of the Senate on April 9. Without objection, Senator Ward was excused. 1998-03-02 Senate Journal Page 2705 Senator Donley moved and asked unanimous consent that he be excused from a call of the Senate on March 9. Without objection, Senator Donley was excused. Senator Hoffman moved and asked unanimous consent that he be excused from a call of the Senate on April 9. Without objection, Senator Hoffman was excused. SB 36 Senator Wilken moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 36 An Act relating to transportation of public school students; relating to school construction grants; relating to the public school foundation program and to local aid for education; and providing for an effective date. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the Senate return to Introduction and Reference of Senate Resolutions. Without objection, the Senate returned to: Introduction and Reference of Senate Resolutions SCR 25 SENATE CONCURRENT RESOLUTION NO. 25 BY THE SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, Urging an appeal and an expeditious decision on the appeal of a case concerning marriage. was read the first time and referred to the Judiciary Committee. Announcements Announcements are at the end of the journal. 1998-03-02 Senate Journal Page 2706 Engrossment SB 208 SENATE BILL NO. 208 am An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 3, 1998. Without objection, the Senate adjourned at 1:26 p.m. Nancy Quinto Secretary of the Senate March 1998 1998-03-02 Senate Journal Page 2707 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. SENATE STANDING COMMITTEES + indicates teleconference COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 MAR 02 MONDAY 0:00 AM NO MEETING SCHEDULED MAR 04 WEDNESDAY 0:00 AM NO MEETING SCHEDULED MAR 06 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 MAR 02 MONDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION LANDS PROGRAMS MAR 02 MONDAY 4:30 PM SB 246HARBORVIEW DEVELOPMENTAL CENTER <PENDING REFERRAL> INVITATION ONLY PRESENTATION BY DR. FIELD, OREGON STATE DEPT. OF CORRECTIONS DRUG AND ALCOHOL TREATMENT PROGRAMS MAR 03 TUESDAY 8:30 AM + SB 36PUBLIC SCHOOL FUNDING MAR 03 TUESDAY 4:30 PM + SB 36PUBLIC SCHOOL FUNDING 1998-03-02 Senate Journal Page 2708 FINANCE MAR 04 WEDNESDAY 8:30 AM + SB 36PUBLIC SCHOOL FUNDING SCR 14PARITY FOR MENTAL HEALTH TASK FORCE <BILLS PREVIOUSLY SCHEDULED/HEARD> MAR 04 WEDNESDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION ALASKA SCIENCE & TECHNOLOGY FOUNDATION MAR 05 THURSDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION OIL AND GAS LITIGATION MAR 05 THURSDAY 5:00 PM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION RURAL UTILITY BUSINESS ADVISOR PROGRAM (RUBA) MAR 06 FRIDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION UNIVERSITY-TEACHER TRAINING FINAL REVIEW-CHILD CARE, HEADSTART MAR 09 MONDAY 9:00 AM SB 292APPROPS:CAPITAL/REAPPROP/FUNDS/OPERATING MAR 10 TUESDAY 0:00 AM -- NO MEETING SCHEDULED -- MAR 10 TUESDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION HABITAT PERMITTING MAR 11 WEDNESDAY 8:15 AM KEY CAMPAIGN PRESENTATION 1998-03-02 Senate Journal Page 2709 FINANCE MAR 11 WEDNESDAY 9:30 AM SB 180STATE RIGHTS-OF-WAY: RS 2477 SB 235BOARD OF CERTIFIED REAL ESTATE APPRAISERS SB 254LEVY ON PERMANENT FUND DIVIDEND SB 255JOINT TASK FORCE ON MILITARY BASES HB 296EXTEND ALASKA MINERALS COMMISSION MAR 11 WEDNESDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION ALASKA STATE TROOPERS MAR 12 THURSDAY 9:00 AM <BILLS PREVIOUSLY SCHEDULED/HEARD> MAR 12 THURSDAY 4:30 PM <BILLS PREVIOUSLY SCHEDULED/HEARD> MAR 13 FRIDAY 9:00 AM SB 185VOTER LISTS & VOTER REGISTRATION <BILLS PREVIOUSLY SCHEDULED/HEARD> ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 02 MONDAY 9:00 AM + SCR 11LONG-TERM CARE TASK FORCE + SB 252PATERNITY/CHILD SUPPORT/NONSUPPORT CRIMES + SJR 39SUPPORT READING EXCELLENCE ACT <BILLS HELD FROM PREVIOUS MEETINGS> MAR 04 WEDNESDAY 9:00 AM SB 237COUNCIL DOMESTIC VIOLENCE & SEXUAL ASSAUL <BILLS HELD FROM PREVIOUS MEETINGS> MAR 06 FRIDAY 0:00 AM NO MEETING SCHEDULED MAR 09 MONDAY 9:00 AM SB 321ASSISTED LIVING FACILITIES ---------------------------------------- 1998-03-02 Senate Journal Page 2710 JUDICIARY BELTZ ROOM 211 MAR 02 MONDAY 1:30 PM + SB 307U.S. SENATE VACANCIES + SB 158INSURANCE CHANGES FOR DR. LIC REVOC. <BILLS PREVIOUSLY HEARD> MAR 04 WEDNESDAY 1:30 PM + HB 170SERVICE ANIMALS FOR PHYS/MENT. CHALLENGED + HB 7VICTIM/JUVENILE OFFENDER MEDIATION <BILLS PREVIOUSLY HEARD> MAR 06 FRIDAY 1:30 PM LEGISLATIVE BUDGET & AUDIT REPORT ON SB 201: + SB 201PROHIBIT RECOVERY BY WRONGDOER <BILLS PREVIOUSLY HEARD> ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAR 03 TUESDAY 1:30 PM + CONFIRMATION HEARING-DEBBY SEDWICK DEPT OF COMMERCE AND ECONOMIC DEVELOPMENT + SB 269PLUMBING CODE BILLS PREVIOUSLY HEARD (OTHERS MAY BE ADDED): + HB 73SALMON MARKETING ASSESSMENT & ASMI SB 212FEES FOR USE OF AUTOMATED TELLER MACHINES <UNIFORM RULE 23 WAIVED> MAR 05 THURSDAY 1:30 PM + HB 199COMMUNITY PROPERTY + SB 160DENTAL RADIOLOGICAL EQUIPMENT + HB 135DENTISTS: LICENSING & EXTEND EXAMINING BD <BILLS PREVIOUSLY HEARD> ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAR 02 MONDAY 3:30 PM SJR 33SUPPORT AMERICAN FISHERIES ACT SB 108STATE LAND LOTTERY PROGRAM <BILLS PREVIOUSLY HEARD/SCHEDULED> HB 128WATER QUALITY; WATER SCIENCE OVERSIGHT BD <REMOVED FROM AGENDA> 1998-03-02 Senate Journal Page 2711 RESOURCES MAR 04 WEDNESDAY 3:30 PM SJR 40FISHERIES MANAGEMENT FEE <BILLS PREVIOUSLY HEARD/SCHEDULED> SB 108STATE LAND LOTTERY PROGRAM <REMOVED FROM AGENDA> MAR 06 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP RM 203 MAR 03 TUESDAY 0:00 AM ON ADJOURNMENT SB 273CHARITABLE GAMING ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAR 03 TUESDAY 3:30 PM SJR 38APOLOGY TO VILLAGE OF ANGOON + SB 284CRUELTY TO ANIMALS <BILLS PREVIOUSLY HEARD> MAR 05 THURSDAY 3:30 PM <BILLS PREVIOUSLY HEARD> ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAR 03 TUESDAY 0:00 AM NO MEETING SCHEDULED MAR 05 THURSDAY 0:00 AM NO MEETING SCHEDULED JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 MAR 04 WEDNESDAY 12:00 PM CONSIDER MATTERS PERTAINING TO AUDIT DIVISION 1998-03-02 Senate Journal Page 2712 OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH RM 205 MAR 04 WEDNESDAY 12:00 PM FETAL ALCOHOL SYNDROME: A TIME FOR ACTION ---------------------------------------- MAJORITY CAUCUS BUTROVICH RM 205 MAR 02 MONDAY 11:13 AM MAJORITY CAUCUS