Legislature(1997 - 1998)
1998-03-25 Senate Journal
Full Journal pdf1998-03-25 Senate Journal Page 2985 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Seventy-third Day Pursuant to adjournment the Senate was called to order by President Miller at 11:11 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Pastor Cary Henrichsen of the Auke Bay Bible Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. (Proverbs 1:7) The fear of the Lord is the beginning of knowledge; Our Father, grant us understanding that this fear is a respect and awe for Your person and Your works in the world and in our hearts. May we give the first portion of our devotion to You this day, may we listen with care to Your wisdom as we walk through this day, and may we rest in the secure knowledge that we have pleased You in all things when this day is done. Father, we give thanks that You are mighty and awesome, pure and holy, loving and compassionate. May we dimly reflect these perfections of Your character as we seek to serve You this day. In Jesus name, Amen. Senator Hoffman led the Senate in the Pledge of Allegiance. 2985 1998-03-25 Senate Journal Page 2986 Certification Senator Taylor moved and asked unanimous consent that the journal for the seventy-second legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated March 24 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 239 CS FOR HOUSE BILL NO. 239(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to the liability of motor fuel dealers for payment of tax imposed on certain credit transactions involving motor fuel sales or transfers that become worthless debts or on sales or transfers to persons who declare bankruptcy; and providing for an effective date. was read the first time and referred to the Transportation and Finance Committees. HB 321 HOUSE BILL NO. 321 am BY REPRESENTATIVE RYAN, entitled: An Act relating to trusts, to the prudent investor rule, and to standards of care applicable to personal representatives, conservators, and trustees; and providing for an effective date. was read the first time and referred to the Judiciary and Finance Committees. 1998-03-25 Senate Journal Page 2987 Standing Committee Reports Reports dated March 24 were read stating: In accordance with AS 39.05.080, the Senate Labor and Commerce Committee reviewed the following with regard to confirmation of the Governors appointments: Board of Barbers and Hairdressers Lawrence R. Krupa - North Pole Alaska State Board of Public Accountancy Marjorie J. Kaiser, C.P.A. - Anchorage Steven R. Tarola, C.P.A. - Barrow Sandra R. Wilson - Fairbanks The committee, with no comment, forwards the appointees names to the full Senate for consideration in a joint session. Signing the reports: Senator Mackie, Vice Chair, Senators Miller, Kelly, Hoffman. SB 198 The Labor and Commerce Committee considered SENATE BILL NO. 198 An Act relating to partnerships; amending Rules 25(c), 79, and 82, Alaska Rules of Civil Procedure; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 198(L&C) Signing do pass: Senator Mackie, Vice Chair, Senators Kelly, Miller. Signing no recommendation: Senator Hoffman. Zero fiscal notes for the bill and the committee substitute published today from Department of Commerce and Economic Development, Department of Law. The bill was referred to the Judiciary Committee. 1998-03-25 Senate Journal Page 2988 SB 323 The Finance Committee considered SENATE BILL NO. 323 An Act relating to sexual offenses, to those who commit sexual offenses, and to registration of sex offenders; amending Rule 6(r)(2), Alaska Rules of Criminal Procedure; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 323(FIN) Signing do pass: Senators Sharp, Pearce, Cochairs, Senators Phillips, Torgerson. Signing no recommendation: Senators Donley, Adams. Previous indeterminate and fiscal notes apply to the committee substitute. The bill was referred to the Rules Committee. HB 335 The Health, Education and Social Services Committee considered HOUSE BILL NO. 335 An Act replacing the Uniform Child Custody Jurisdiction Act with the Uniform Child Custody Jurisdiction and Enforcement Act; and amending Rules 4 and 62, Alaska Rules of Civil Procedure, and Rule 205, Alaska Rules of Appellate Procedure. Signing do pass: Senator Wilken, Chair. Signing no recommendation: Senators Leman, Ellis, Green. Signing amend: Senator Ward. Previous House zero fiscal note. The bill was referred to the Judiciary Committee. HB 461 The Finance Committee considered CS FOR HOUSE BILL NO. 461(FIN) An Act making supplemental and special appropriations and amending appropriations; and providing for an effective date and recommended it be replaced with 1998-03-25 Senate Journal Page 2989 HB 461 SENATE CS FOR CS FOR HOUSE BILL NO.461(FIN) Signing do pass: Senators Sharp, Pearce, Cochairs, Senators Phillips, Parnell, Adams. Signing no recommendation: Senator Torgerson, Donley. The bill was referred to the Rules Committee. SJR 37 Forthcoming fiscal note for the Judiciary Committee Substitute (page 2971) for SENATE JOINT RESOLUTION NO. 37 Proposing an amendment to the Constitution of the State of Alaska relating to parental consent or notification before an abortion is provided to a minor, published today from Office of the Governor. SB 268 The Rules Committee considered SENATE BILL NO. 268 An Act relating to the assignment to the Department of Labor of certain wage claims; and providing for an effective date. Signing to calendar: Senator Kelly, Chair, Senators Taylor, Torgerson. The bill is on todays calendar. Recess Senator Taylor moved and asked unanimous consent that the Senate stand in recess for the purpose of a majority caucus. Without objection, the Senate recessed at 11:16 a.m. After Recess The Senate reconvened at 1:15 p.m. 1998-03-25 Senate Journal Page 2990 Standing Committee Reports Continued HB 461 The Rules Committee considered CS FOR HOUSE BILL NO. 461(FIN) An Act making supplemental and special appropriations and amending appropriations; and providing for an effective date. Signing to calendar: Senator Kelly, Chair, Senators Duncan, Torgerson. Signing amend: Senator Taylor. The bill is on todays calendar. Introduction and Reference of Senate Bills SB 344 SENATE BILL NO. 344 BY THE SENATE FINANCE COMMITTEE, entitled: An Act relating to the development of telecommunications systems by state agencies. was read the first time and referred to the Finance Committee. SB 345 SENATE BILL NO. 345 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: An Act relating to apportionment of business income. was read the first time and referred to the Finance Committee. Consideration of the Calendar Second Reading of Senate Bills SB 268 SENATE BILL NO. 268 An Act relating to the assignment to the Department of Labor of certain wage claims; and providing for an effective date was read the second time. 1998-03-25 Senate Journal Page 2991 SB 268 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. 268 was read the third time. The question being: Shall SENATE BILL NO. 268 An Act relating to the assignment to the Department of Labor of certain wage claims; and providing for an effective date pass the Senate? The roll was taken with the following result: SB 268 Third Reading - Final Passage Effective Date 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. 268 passed the Senate. 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. Senate Bills in Second Reading SB 76 CS FOR SENATE BILL NO. 76(RLS) An Act relating to results- based government and the state budget; relating to state agency program and financial plans; relating to the withholding or reduction of appropriations to a state agency; and relating to state agency performance and other reports which had been held in second reading was before the Senate, with a motion to adopt Amendment No. 1 (page 2975). 1998-03-25 Senate Journal Page 2992 SB 76 Senator Phillips moved and asked unanimous consent that he be allowed to withdraw Amendment No. 1. Without objection, it was so ordered. CS FOR SENATE BILL NO. 76(RLS) was automatically in third reading. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 76(RLS) An Act relating to results-based government and the state budget; relating to state agency program and financial plans; relating to the withholding or reduction of appropriations to a state agency; and relating to state agency performance and other reports pass the Senate? The roll was taken with the following result: CSSB 76(RLS) Third Reading - On Reconsideration YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Green, Halford and so, CS FOR SENATE BILL NO. 76 (RLS) passed the Senate on reconsideration and was referred to the Secretary for engrossment. Second Reading of House Bills HB 461 CS FOR HOUSE BILL NO. 461(FIN) An Act making supplemental and special appropriations and amending appropriations; and providing for an effective date was read the second time. Senator Pearce, Cochair, moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 2988. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 461(FIN) was adopted and read the second time. 1998-03-25 Senate Journal Page 2993 HB 461 Senator Hoffman offered Amendment No. 1 : Page 3, line 6: Insert new subsection to read: (m) The purpose of this subsection is to appropriate federal money received under the disaster declaration portion of the Magnuson-Stevens Fishery Conservation and Management ACT (16 U.S.C. 1801-1883) applicable to the Bristol Bay Region. The state would essentially be providing $1,875,000 of fisheries taxes received under AS 43.75 as the required state general fund match. The sum of $8,875,000 is appropriated to the Department of Community and Regional Affairs, division of municipal and regional assistance, for the Bristol Bay economic disaster from the following sources: General Fund $1,875,000 Federal Receipts $7,000,000 Senator Hoffman moved for the adoption of Amendment No. 1. Senator Green objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: SCS CSHB 461(FIN) Second Reading Amendment No. 1 YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, Amendment No. 1 failed. 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. 1998-03-25 Senate Journal Page 2994 HB 461 SENATE CS FOR CS FOR HOUSE BILL NO. 461(FIN) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 461(FIN) An Act making supplemental and special appropriations and amending appropriations; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 461(FIN) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Hoffman and so, SENATE CS FOR CS FOR HOUSE BILL NO. 461(FIN) passed the Senate. 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. Senate Bills in Third Reading SB 291 CS FOR SENATE BILL NO. 291(JUD) am An Act relating to living wills, do not resuscitate orders, anatomical gifts, and the care and treatment of persons with serious medical conditions which had been held in third reading (page 2921) was before the Senate. Senator Taylor moved and asked unanimous consent that the bill be returned to the Rules Committee. Without objection, it was so ordered. 1998-03-25 Senate Journal Page 2995 Citations Honoring - Dimond Lynx Hockey Team Representative(s) Hanley Senator(s) Pearce, Phillips, Hoffman, Wilken, Donley, Duncan, Lincoln, Kelly, Taylor, Sharp, Mackie, Ward, Leman, Parnell Commemorating - Womens History Month Representative(s) Berkowitz Senator(s) Pearce, Hoffman, Wilken, Ellis, Duncan, Lincoln, Kelly, Taylor, Mackie, Parnell In Memoriam - Elliot Ira Lipson Representative(s) Hudson, Elton Senator(s) Duncan, Pearce, Hoffman, Wilken, Lincoln, Kelly, Taylor, Mackie, Parnell In Memoriam - Titus David Senator(s) Lincoln, Adams, Pearce, Hoffman, Wilken, Duncan, Ward, Kelly, Taylor, Mackie, Leman, Parnell Representative(s) Nicholia 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 Duncan moved and asked unanimous consent that he be excused from a call of the Senate from March 31 through morning plane time on April 1. Without objection, Senator Duncan was excused. Announcements Announcements are at the end of the journal. 1998-03-25 Senate Journal Page 2996 Engrossment SB 76 CS FOR SENATE BILL NO. 76(RLS) An Act relating to results- based government and the state budget; relating to state agency program and financial plans; relating to the withholding or reduction of appropriations to a state agency; and relating to state agency performance and other reports was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 268 SENATE BILL NO. 268 An Act relating to the assignment to the Department of Labor of certain wage claims; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 461 SENATE CS FOR CS FOR HOUSE BILL NO. 461(FIN) An Act making supplemental and special appropriations and amending appropriations; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. Enrollment SCR 19 HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 19(FIN) Relating to the use of prototype designs in public school construction projects, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 12:10 p.m., March 25, 1998. SB 159 HOUSE CS FOR CS FOR SENATE BILL NO. 159(FIN) An Act relating to the new business incentive program was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 12:10 p.m., March 25, 1998. 1998-03-25 Senate Journal Page 2997 SB 251 SENATE BILL NO. 251 An Act naming Herman Leirer Road near Seward was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 12:10 p.m., March 25, 1998. Adjournment Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 26, 1998. Without objection, the Senate adjourned at 2:04 p.m. Nancy Quinto Secretary of the Senate March 1998 1998-03-25 Senate Journal Page 2998 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 25 WEDNESDAY 1:30 PM -- MEETING CANCELLED -- SB 325PROPERTY TAX EXEMPTION FOR DISABLED SB 343REGIONAL NATIVE HOUSING AUTHORITIES MAR 27 FRIDAY 1:30 PM <PREVIOUSLY SCHEDULED BILLS> ---------------------------------------- FINANCE SENATE FINANCE 532 MAR 25 WEDNESDAY 10:00 AM -- TIME CHANGE -- <BILLS PREVIOUSLY SCHEDULED/HEARD> + SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION UNIVERSITY, TEACHER TRAINING MAR 25 WEDNESDAY 4:30 PM <BILLS PREVIOUSLY SCHEDULED/HEARD> + SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION MENTAL HEALTH MAR 26 THURSDAY 9:00 AM <BILLS PREVIOUSLY SCHEDULED/HEARD> + SB 229APPROPRIATIONS: OPERATING BUDGET COMMUNITY MENTAL HEALTH GRANTS PROGRAMS 1998-03-25 Senate Journal Page 2999 FINANCE MAR 26 THURSDAY 4:30 PM <BILLS PREVIOUSLY SCHEDULED/HEARD> + SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION FINAL REVIEW DEPT OF CORRECTIONS TREATMENT PROGRAMS FINAL REVIEW FAMILY AND YOUTH SERVICES MAR 27 FRIDAY 8:00 AM + SB 334STATE TRAINING PROGRAMS/HUMAN RES.COUNCIL MAR 27 FRIDAY 9:00 AM + SB 236CITIZENS ADVISORY COM ON FED AREAS IN AK + SB 332STUDENT LOAN CORPORATION + SB 233ALCOHOL BEVERAGE CONTROL BOARD + SB 263SECONDARY ROADS + SB 264AID FOR MUNICIPAL ROAD MAINTENANCE MAR 28 SATURDAY 9:00 AM <BILLS PREVIOUSLY SCHEDULED/HEARD> + SB 231APPROPS:CAPITAL/REAPPROP/FUNDS/OPERATING + SB 230APPROPRIATION: MENTAL HEALTH PROGRAM (CAPITAL) ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 25 WEDNESDAY 9:00 AM HB 335UNIFORM INTERSTATE CHILD CUSTODY ACT <BILLS HELD FROM PREVIOUS MEETINGS> MAR 26 THURSDAY 3:00 PM SENATE FINANCE 532 -- TIME, LOCATION, AND DAY CHANGE -- JOINT HEARING WITH (H) HESS EARLY CHILDHOOD BRAIN DEVELOPMENT DISCUSSION DR. NEWMAN-EDUCATION COMMISSION OF THE STATES DR. KUHL-UNIVERSITY OF WASHINGTON MAR 27 FRIDAY 0:00 AM NO MEETING SCHEDULED 1998-03-25 Senate Journal Page 3000 JUDICIARY BELTZ ROOM 211 MAR 25 WEDNESDAY 1:30 PM + HB 199COMMUNITY PROPERTY + SB 295LURING OR ENTICING A CHILD + SB 304REGULATION OF MOTOR VEHICLES & HWYS <BILLS PREVIOUSLY HEARD> MAR 27 FRIDAY 1:30 PM -- MEETING CANCELLED -- + SB 329INVESTMENT CLUB LICENSE EXEMPTION APSIN INVESTIGATION HEARING-REPORT OF COUNSEL <BILLS PREVIOUSLY HEARD> MAR 30 MONDAY 1:30 PM -- RESCHEDULED FROM 03/27 -- SB 329INVESTMENT CLUB LICENSE EXEMPTION APSIN INVESTIGATION HEARING-REPORT OF COUNSEL <BILLS PREVIOUSLY HEARD> ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAR 26 THURSDAY 1:30 PM + HB 178UNIFORM COMMERCIAL CODE:LETTERS OF CREDIT BILLS PREVIOUSLY HEARD: + HB 33REAL ESTATE LICENSING <REMOVED FROM AGENDA> ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAR 25 WEDNESDAY 3:30 PM HB 310UTILIZATION OF GROUNDFISH <BILLS PREVIOUSLY HEARD/SCHEDULED> MAR 27 FRIDAY 3:30 PM <BILLS PREVIOUSLY HEARD/SCHEDULED> ---------------------------------------- 1998-03-25 Senate Journal Page 3001 RULES FAHRENKAMP RM 203 MAR 25 WEDNESDAY 12:55 PM SB 323SEX OFFENSES & OFFENDER REGISTRATION HB 461APPROP: SUPPLEMENTAL APPROPRIATIONS ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAR 26 THURSDAY 3:30 PM CONFIRMATION HEARING: + STATE COMMISSION FOR HUMAN RIGHTS RUTH G. BENSON ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAR 26 THURSDAY 0:00 AM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES COMMERCE & ECONOMIC DEVELOPMENT SENATE FINANCE 532 MAR 31 TUESDAY 2:30 PM PERFORMANCE MEASURES, INCREMENT/ DECREMENT CHANGES, STAFFING LEVEL ADJUSTMENTS, PROGRAMMATIC CHANGES ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 532 MAR 26 THURSDAY 1:00 PM PERFORMANCE MEASURES, INCREMENT/DECREMENT CHANGES, STAFFING LEVEL ADJUSTMENTS, AND PROGRAMMATIC CHANGES ---------------------------------------- 1998-03-25 Senate Journal Page 3002 FINANCE SUBCOMMITTEES GOVERNOR SENATE FINANCE 532 MAR 25 WEDNESDAY 8:00 AM JOINT WITH (H) SUBCOMMITTEE GOVERNORS OFFICE OPERATING BUDGET ---------------------------------------- UNIVERSITY OF ALASKA CAPITOL RM 106 MAR 27 FRIDAY 8:00 AM SENATE AND HOUSE FINANCE UNIVERSITY BUDGET SUBCOMMITTEE JOINT COMMITTEES LEGISLATIVE COUNCIL BUTROVICH RM 205 APR 03 FRIDAY 12:00 PM LEGISLATIVE COUNCIL OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH RM 205 MAR 25 WEDNESDAY 12:00 PM -- MEETING CANCELLED -- APR 01 WEDNESDAY 12:00 PM INHALANT ABUSE TRAINING ---------------------------------------- MAJORITY CAUCUS BUTROVICH RM 205 MAR 25 WEDNESDAY 11:20 AM MAJORITY CAUCUS