Legislature(1997 - 1998)
1998-03-30 Senate Journal
Full Journal pdf1998-03-30 Senate Journal Page 3047 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Seventy-eighth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:12 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Pastor Henry Friedrich of the Faith Lutheran Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our Heavenly Father in Christ, as we begin a new week we thank You for Your care over us. We ask for Your guidance and blessing in our sessions. We thank You for the circumstances that led to the acquisition of this land in which we live for the United States, and for the blessings of statehood. Give us wisdom, understanding, and love for one another and for the citizens of this great state. Help us to rise above party spirit. Bestow on us Your spirit. Where there are differences of position and concern help us to rise above any self-serving insistence on our own way. Use us in Your service and the service of our fellowmen so that what we do and say, the actions we take, the bills we consider, will be done out of this concern: What is for the good of all? What is honorable, just, fair, impartial? What will serve for Your glory? We bring our petitions before You in the strong name of Jesus Christ, our Savior and Lord. Amen. Senator Ellis led the Senate in the Pledge of Allegiance. 3047 1998-03-30 Senate Journal Page 3048 Certification Senator Taylor moved and asked unanimous consent that the journals for the seventy-fifth, seventy-sixth and seventy-seventh legislative days be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated March 27 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 52 HOUSE JOINT RESOLUTION NO. 52 BY REPRESENTATIVES JAMES, Barnes, Therriault, Austerman, Ogan, Green, Hodgins, Rokeberg, Williams, Relating to opposition to the designation of any rivers in Alaska as American Heritage Rivers under the American Heritage Rivers initiative. was read the first time and referred to the Resources Committee. First Reading and Reference of House Bills HB 467 HOUSE BILL NO. 467 BY THE HOUSE RULES COMMITTEE, entitled: An Act relating to employees of the legislature who are employed under a personal services contract. was read the first time and referred to the Finance Committee. 1998-03-30 Senate Journal Page 3049 Standing Committee Reports SB 108 Forthcoming fiscal note (page 3027) for the Resources Committee Substitute for SENATE BILL NO. 108 An Act relating to the disposal of state land by lottery published today from Department of Natural Resources. SB 264 The Finance Committee considered SENATE BILL NO. 264 An Act relating to aid for municipal road maintenance; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 264(FIN) An Act relating to municipal highway construction grants, to minimum payments under certain municipal aid programs, to aid for municipal road maintenance, and to the transfer of roads to municipalities; and providing for an effective date. Signing do pass: Senators Sharp, Pearce, Cochairs, Senators Torgerson, Donley. Signing do not pass: Senator Adams. Previous zero and fiscal notes apply to the committee substitute. The bill was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 349 SENATE BILL NO. 349 BY THE SENATE RULES COMMITTEE BY REQUEST, entitled: An Act exempting services of certain sports officials at amateur sporting events from coverage under the Alaska Employment Security Act; and providing for an effective date. was read the first time and referred to the Labor and Commerce and Finance Committees. 1998-03-30 Senate Journal Page 3050 Consideration of the Calendar Senate Bills in Third Reading SB 323 CS FOR SENATE BILL NO. 323(FIN) 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 which had been held on reconsideration (page 3011) was before the Senate. Senator Pearce 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. Senator Pearce offered Amendment No. 1 : Page 2, line 14: Delete "class B felony" Insert "class C felony" Page 2, line 22: Delete "class C felony ªCLASS A MISDEMEANORß" Insert "class A misdemeanor" Page 2, line 23: Delete "class A ªCLASS Bß" Insert "class B" Page 4, following line 24: Insert a new bill section to read: "* Sec. 12. AS12.63.020(a) is amended to read: (a) The duty of a sex offender to comply with the requirements of AS12.63.010 for each sex offense (1) continues for the lifetime of a sex offender convicted of two or more sex offenses; for purposes of this section, a person convicted of indecent exposure before a person under 16 years of age under AS11.41.460 more than two times has been convicted of two or more sex offenses; 1998-03-30 Senate Journal Page 3051 SB 323 (2) ends 15 years following the sex offenders unconditional discharge from a conviction for a single sex offense." Renumber the following bill sections accordingly. Page 4, line 28, following "age": Insert "if the offender has a previous conviction for that offense" Page 7, line 14: Delete "SECTION 12. (a) A" Insert "SECTIONS 12 AND 13. (a) Except as otherwise provided in this subsection, a" Page 7, line 21, following "offense": Insert "or more than two convictions of AS11.41.460 before a person under 16 years of age." Page 7, line 22: Delete "sex offense" Insert "sex offenses" Page 7, line 28: Delete "sec. 12" Insert "sec. 13" Senator Pearce moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. CS FOR SENATE BILL NO. 323(FIN) am was automatically in third reading. Senator Pearce moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Senator Pearce offered Amendment No. 2 : 1998-03-30 Senate Journal Page 3052 SB 323 Page 2, following line 26: Insert a new bill section to read: "* Sec. 6. AS11.61.125 is amended by adding a new subsection to read: (e) The possession of 100 or more films, audio, video, electronic, or electromagnetic recordings, photographs, negatives, slides, books, newspapers, magazines, or other materials, including a combination of these items totaling 100 or more, is prima facie evidence of distribution and intent to distribute under (a) of this section." Renumber the following bill sections accordingly. Page 2, line 28: Delete "class B felony" Insert "class C felony" Page 2, following line 29: Insert a new bill section to read: "* Sec. 8. AS11.61.127 is amended by adding a new subsection to read: (d) Each film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts conduct described in AS11.41.455(a) that is possessed by a person knowing that the production of the material involved the use of a child under 18 years of age that engaged in the conduct is a separate violation of this section." Renumber the following bill sections accordingly. Page 7, line 14: Delete "SECTION 12" Insert "SECTION 14" Page 7, line 28: Delete "sec. 12" Insert "sec. 14" 1998-03-30 Senate Journal Page 3053 SB 323 Page 7, line 29: Delete "SECTIONS 3 - 6. Sections 3 - 6" Insert "SECTIONS 3 - 8. Sections 3 - 8" Senator Pearce moved for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. CS FOR SENATE BILL NO. 323(FIN) am was automatically in third reading. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 323(FIN) am 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 pass the Senate? The roll was taken with the following result: CSSB 323(FIN) am Third Reading - On Reconsideration Effective Date Court Rule 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. 323(FIN) 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. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule change. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. 1998-03-30 Senate Journal Page 3054 Citations Honoring - Kathi Duncan, 1997 Governors Award, Small Business Employer of the Year Senator(s) Torgerson, Taylor, Kelly, Pearce, Lincoln, Parnell, Donley, Duncan, Leman In Memoriam - Ruby C. Ratcliffe Representative(s) Rokeberg Senator(s) Pearce, Taylor, Kelly, Lincoln, Parnell, Donley, Duncan, Leman 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 Adams moved and asked unanimous consent that he be excused from the Senate, not subject to a call, on April 3. Without objection, Senator Adams was excused. Senator Sharp moved and asked unanimous consent that he be excused from a call of the Senate on April 9 and through evening plane time on April 14. Without objection, Senator Sharp was excused. Announcements Announcements are at the end of the journal. 1998-03-30 Senate Journal Page 3055 Engrossment SB 323 CS FOR SENATE BILL NO. 323(FIN) am 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 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 31, 1998. Without objection, the Senate adjourned at 11:22 a.m. Nancy Quinto Secretary of the Senate March 1998 1998-03-30 Senate Journal Page 3056 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 30 MONDAY 0:00 AM NO MEETING SCHEDULED APR 01 WEDNESDAY 0:00 AM NO MEETING SCHEDULED APR 03 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 MAR 31 TUESDAY 9:00 AM + SB 299WELL TEST FLARES & NONROAD ENGINES + SB 218CRIMES OF MURDER & CHILD MURDERS + SB 314MUNICIPAL FEEDER VESSEL AUTHORITIES <BILLS PREVIOUSLY HEARD/SCHEDULED> SB 223SENIOR HOUSING SB 233ALCOHOL BEVERAGE CONTROL BOARD SB 334STATE TRAINING PROGRAMS/HUMAN RES.COUNCIL SB 332STUDENT LOAN CORPORATION SB 234BOARD OF GOVERNORS OF AK BAR ASSN MAR 31 TUESDAY 1:00 PM + SJR 42CONSTITUTIONAL AMENDMENT RE MARRIAGE SUBCOMMITTEE TELECONFERENCE: 3 MIN. TIME LIMIT ANCHORAGE, GLENNALLEN, HOMER, KENAI, MAT-SU 1998-03-30 Senate Journal Page 3057 FINANCE MAR 31 TUESDAY 7:00 PM + SJR 42CONSTITUTIONAL AMENDMENT RE MARRIAGE SUBCOMMITTEE TELECONFERENCE: 3 MIN. TIME LIMIT CORDOVA, JUNEAU, KETCHIKAN, WRANGELL, PETERSBURG, SITKA, SEWARD, KODIAK, TOK, VALDEZ, WHITTIER, UNALASKA, YAKUTAT APR 01 WEDNESDAY 7:00 AM + SJR 42CONSTITUTIONAL AMENDMENT RE MARRIAGE SUBCOMMITTEE TELECONFERENCE: 3 MIN. TIME LIMIT BARROW, BETHEL, DELTA JUNCTION, DILLINGHAM, FAIRBANKS, KOTZEBUE, NOME, UNALAKLEET AND OTHER VOLUNTEER SITES NOT PREVIOUSLY HEARD APR 01 WEDNESDAY 9:00 AM <BILL PREVIOUSLY HEARD> APR 02 THURSDAY 9:00 AM + SB 347PROGRAM RECEIPTS + SB 242FORFEIT GOOD TIME OF SOME SEX OFFENDERS + SJR 42CONSTITUTIONAL AMENDMENT RE MARRIAGE <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 03 FRIDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION FINAL REVIEW-UNIVERSITY, TEACHER TRAINING FINAL REVIEW-GOVERNMENTAL COORDINATION <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 04 SATURDAY 9:00 AM + <BILLS PREVIOUSLY HEARD/SCHEDULED> + SB 231APPROPS:CAPITAL/REAPPROP/FUNDS/OPERATING + SB 230APPROPRIATION: MENTAL HEALTH PROGRAM (CAPITAL) 1998-03-30 Senate Journal Page 3058 FINANCE APR 06 MONDAY 9:00 AM <BILLS PREVIOUSLY HEARD/SCHEDULED> SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENTAL WORK SESSION INFORMATION TECHNOLOGY, Y2K FINAL REVIEW: DNR PROGRAMS APR 07 TUESDAY 9:00 AM SB 182CHARTER SCHOOL ESTABLISHMENT & OPERATION SB 246HARBORVIEW DEVELOPMENTAL CENTER SB 345APPORTIONMENT OF BUSINESS INCOME <BILLS PREVIOUSLY HEARD/SCHEDULED> SB 256REDUCE ROYALTY ON COOK INLET OIL & GAS <PENDING REFERRAL> APR 08 WEDNESDAY 9:00 AM SJR 35CONST AM: PARTICIPATION IN ABORTION <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 08 WEDNESDAY 4:30 PM HB 234ABORTIONS UNDER GENERAL RELIEF PROGRAM <BILLS PREVIOUSLY HEARD/SCHEDULED> ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 30 MONDAY 0:00 AM NO MEETING SCHEDULED APR 01 WEDNESDAY 9:00 AM + SB 253MEDICAL ASST FOR CERTAIN DISABLED PERSON + SB 203PHONICS CURRICULUM <BILLS HELD FROM PREVIOUS MEETINGS> APR 03 FRIDAY 9:00 AM SB 237COUNCIL DOMESTIC VIOLENCE & SEXUAL ASSAULT HCR 25STEP FAMILY DAY <BILLS HELD FROM PREVIOUS MEETINGS> ---------------------------------------- 1998-03-30 Senate Journal Page 3059 JUDICIARY BELTZ ROOM 211 MAR 30 MONDAY 1:45 PM -- TIME CHANGE -- -- RESCHEDULED FROM 03/27 -- + SB 329INVESTMENT CLUB LICENSE EXEMPTION + HB 321UNIFORM PRUDENT INVESTOR ACT APSIN INVESTIGATION HEARING-REPORT OF COUNSEL <BILLS PREVIOUSLY HEARD> APR 01 WEDNESDAY 1:30 PM + SB 297BREAST-FEEDING IN PUBLIC PLACE + SB 319ARBITRATION <BILLS PREVIOUSLY HEARD> APR 03 FRIDAY 1:30 PM + SB 216CIVIL COMMITMENT OF SEXUAL PREDATORS + HB 310UTILIZATION OF GROUNDFISH <BILLS PREVIOUSLY HEARD> ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAR 31 TUESDAY 1:30 PM + SB 232ELECTRONIC RECORDS; RECORD REQUIREMENTS + HB 231REGULATION OF SNOWMOBILES <BILL PREVIOUSLY HEARD> + HB 178UNIFORM COMMERCIAL CODE:LETTERS OF CREDIT APR 02 THURSDAY 1:30 PM <BILLS PREVIOUSLY HEARD> + SB 202MOTOR VEHICLE INSURANCE + SB 283AUTOMOBILE CIVIL LIABILITY + SB 160DENTAL RADIOLOGICAL EQUIPMENT ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAR 30 MONDAY 3:30 PM HJR 51SUPPORT H.R. 2924 HB 285POINT SYSTEM FOR COMMERCIAL FISH VIOLATION + SB 330LOCATING UNDERGROUND FACILITIES <BILLS PREVIOUSLY HEARD/SCHEDULED> 1998-03-30 Senate Journal Page 3060 RESOURCES APR 01 WEDNESDAY 3:30 PM SB 40DISCRETE SALMON STOCK MGMT AND ASSESSMENT HB 373FOREST RESOURCES <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 03 FRIDAY 0:00 PM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP RM 203 MAR 30 MONDAY 4:00 PM SB 236CITIZENS ADVISORY COM ON FED AREAS IN AK SB 304REGULATION OF MOTOR VEHICLES & HWYS HB 53LEASE-PURCHASE CORRECTIONAL FACILITY HB 199COMMUNITY PROPERTY ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAR 31 TUESDAY 3:30 PM + HB 206PERS FOR VILLAGE PUBLIC SAFETY OFFICERS + HB 362AIRPORT MILITARY LOUNGES APR 02 THURSDAY 3:30 PM <BILLS PREVIOUSLY HEARD> ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAR 31 TUESDAY 0:00 AM NO MEETING SCHEDULED APR 02 THURSDAY 0:00 AM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES ADMINISTRATION BUTROVICH RM 205 APR 02 THURSDAY 8:00 AM OVERVIEW OF THE FY 99 BUDGET PROPOSAL ---------------------------------------- 1998-03-30 Senate Journal Page 3061 FINANCE SUBCOMMITTEES COMMERCE & ECONOMIC DEVELOPMENT SENATE FINANCE 532 MAR 31 TUESDAY 2:30 PM PERFORMANCE MEASURES, INCREMENT AND DECREMENT CHANGES, STAFFING LEVEL ADJUSTMENTS, PROGRAMMATIC CHANGES ---------------------------------------- COMMUNITY AND REGIONAL AFFAIRS BELTZ RM 211 MAR 31 TUESDAY 8:00 AM + OVERVIEWS OF THE DEPT OF COMMUNITY AND REGIONAL AFFAIRS PROPOSED FY 99 BUDGET ---------------------------------------- CORRECTIONS FAHRENKAMP RM 203 MAR 31 TUESDAY 4:30 PM JOINT MEETING WITH THE HOUSE SUBCOMMITTEE DEPARTMENT OF CORRECTIONS BUDGET ---------------------------------------- ECONOMIC DEVELOPMENT SENATE FINANCE 532 MAR 30 MONDAY 3:30 PM + OVERVIEW OF FY 99 OPERATING BUDGET ---------------------------------------- EDUCATION BUTROVICH ROOM 205 APR 02 THURSDAY 1:30 PM DEPT OF EDUCATION FY 99 OPERATING BUDGET ---------------------------------------- FISH & GAME FAHRENKAMP RM 203 APR 03 FRIDAY 8:00 AM FY 99 DEPT OF FISH AND GAME OPERATING BUDGET SUBCOMMITTEE PROPOSAL 1998-03-30 Senate Journal Page 3062 FINANCE SUBCOMMITTEES FISH & GAME APR 08 WEDNESDAY 8:00 AM FY 99 DEPT OF FISH AND GAME OPERATING BUDGET PUBLIC COMMENT AND SUBCOMMITTEE CLOSEOUT ---------------------------------------- HEALTH & SOCIAL SERVICES BELTZ RM 211 MAR 30 MONDAY 7:30 AM DEPARTMENT OF HEALTH & SOCIAL SERVICES BUDGET OVERVIEW APR 03 FRIDAY 7:30 AM DEPARTMENT OF HEALTH AND SOCIAL SERVICES BUDGET OVERVIEW ---------------------------------------- LABOR SENATE FINANCE 532 MAR 30 MONDAY 10:00 AM DEPARTMENT OF LABOR ---------------------------------------- LAW SENATE FINANCE 532 APR 02 THURSDAY 3:00 PM FY 99 DEPARTMENT OF LAW OPERATING BUDGET SUBCOMMITTEE PROPOSAL APR 07 TUESDAY 3:00 PM FY 99 DEPARTMENT OF LAW OPERATING BUDGET PUBLIC COMMENT AND SUBCOMMITTEE CLOSEOUT ---------------------------------------- LEGISLATURE SENATE FINANCE 532 APR 07 TUESDAY 4:00 PM FY 99 LEGISLATURE BUDGET, SUBCOMMITTEE PROPOSAL, PUBLIC COMMENT AND CLOSEOUT ---------------------------------------- 1998-03-30 Senate Journal Page 3063 FINANCE SUBCOMMITTEES MILITARY AND VETERANS AFFAIRS BUTROVICH RM 205 MAR 30 MONDAY 1:30 PM MILITARY AND VETERANS AFFAIRS ---------------------------------------- PUBLIC SAFETY BUTROVICH RM 205 MAR 31 TUESDAY 4:00 PM OVERVIEW OF FY 99 OPERATING BUDGET REQUEST AND PUBLIC COMMENTS ---------------------------------------- REVENUE SENATE FINANCE 532 MAR 31 TUESDAY 8:00 AM FY 99 DEPARTMENT OF REVENUE OPERATING BUDGET PERMANENT FUND CORPORATION BRU APR 02 THURSDAY 8:00 AM FAHRENKAMP RM 203 FY 99 DEPARTMENT OF REVENUE OPERATING BUDGET SUBCOMMITTEE PROPOSAL APR 07 TUESDAY 8:00 AM FAHRENKAMP RM 203 FY 99 DEPARTMENT OF REVENUE OPERATING BUDGET PUBLIC COMMENT AND SUBCOMMITTEE CLOSEOUT JOINT COMMITTEES LEGISLATIVE COUNCIL BUTROVICH RM 205 APR 03 FRIDAY 12:00 PM LEGISLATIVE COUNCIL OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH RM 205 APR 01 WEDNESDAY 12:00 PM INHALANT ABUSE TRAINING 1998-03-30 Senate Journal Page 3064 MAJORITY CAUCUS BUTROVICH RM 205 MAR 30 MONDAY 11:30 AM MAJORITY CAUCUS MAR 31 TUESDAY 0:00 AM UPON ADJOURNMENT MAR 31 TUESDAY 5:00 PM MAJORITY CAUCUS