Legislature(1997 - 1998)
1998-04-09 Senate Journal
Full Journal pdf1998-04-09 Senate Journal Page 3213 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Eighty-eighth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:03 a.m. The roll showed twelve members present. Senators Green, Halford, Hoffman, Parnell, Pearce, Sharp, Ward were excused from a call of the Senate. Senator Lincoln was absent. The prayer was offered by the Chaplain, Pastor Richard Green of the Glacier Valley Church of God. Senator Adams moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Father, we are grateful that You entered into mankinds needs with such great love to open the door to abundant and eternal life to each of us. During this season when we are commemorating the sacrificial death and triumphant resurrection of Jesus, I pray that the abounding power of Your life will overwhelm the deadly downpull of the evils that bring sorrow, hurt, pain and destruction to the people of our state. We also pray that You will comfort and sustain the families that have suffered loss in the tornadoes in Alabama and Georgia. Now may the grace of the Lord Jesus Christ, and the love of God, and the communion of the Holy Spirit be with you all. (2 Corinthians 13:14) Amen. Senator Taylor led the Senate in the Pledge of Allegiance. 3213 1998-04-09 Senate Journal Page 3214 Certification Senator Taylor moved and asked unanimous consent that the journal for the eighty-seventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Reconsideration of Senate Bills SB 347 Senator Duncan requested that the reconsideration on SENATE BILL NO. 347 An Act relating to the increase of an appropriation item based on additional federal or other program receipts be taken up. The bill was before the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the reconsideration on SENATE BILL NO. 347 be held to the April 14 calendar. Senator Duncan objected, then withdrew his objection. There being no further objections, it was so ordered. Messages from the Governor SB 63 Message dated and received April 8 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR SENATE BILL NO. 63(FIN) An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors. Chapter 9, SLA 1998 Effective Date: 7/7/98 1998-04-09 Senate Journal Page 3215 SB 214 Message dated and received April 8 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 214(STA) An Act relating to the possession of a concealed deadly weapon by peace officers and by chief administrative officers of municipal police departments; relating to the definition of police officer; and providing for an effective date. Chapter 10, SLA 1998 Effective Date: 4/14/98 SCR 19 Message dated and received April 8 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 19(FIN) Relating to the use of prototype designs in public school construction projects. Legislative Resolve No. 55 SJR 33 Message dated and received April 8 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: CS FOR SENATE JOINT RESOLUTION NO. 33(RES) Supporting reduction of fishing capacity in the Bering Sea fishing fleet and Americanization of the fishing fleet through passage of S. 1221, the American Fisheries Act, by the United States Congress. Legislative Resolve No. 56 1998-04-09 Senate Journal Page 3216 HJR 29 Message dated and received April 8 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 29(RLS) Supporting an increase in federal funding for prostate cancer research. Legislative Resolve No. 57 Messages from the House Message dated April 8 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 59 HOUSE JOINT RESOLUTION NO. 59 BY REPRESENTATIVES KOTT, Martin, Austerman, Barnes, Kelly, Mulder, Ogan, Hodgins, Green, Phillips, Porter, James, Relating to an amendment to the Constitution of the United States prohibiting desecration of the Flag of the United States. was read the first time and referred to the State Affairs Committee. First Reading and Reference of House Bills HB 472 HOUSE BILL NO. 472 BY THE HOUSE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: An Act relating to apportionment of business income. 1998-04-09 Senate Journal Page 3217 HB 472 was read the first time and referred to the Finance Committee. Communications The following reports are on file in the Office of the Secretary of the Senate: Alaska Commission on Aging 1997 Annual Report from Donald M. Hoover, Chairman in accordance with AS 44.21.230 Alaska Plant Materials Center 1996-97 Combined Annual Report from Robert Wells, Director, Division of Agriculture, Department of Natural Resources Status of Brown Bears and Other Natural Resources in the McNeil River State Game Sanctuary and Refuge Annual Report 1997 from Frank Rue, Commissioner, Department of Fish and Game in accordance with AS 16.20.041(f) and 16.20.160(f) The following Budget and Audit Report was received from Pat Davidson, Legislative Auditor, in accordance with AS 24.20.311 and is on file in the Office of the Secretary of the Senate: Selected Child Protection Issues, Division of Family and Youth Services, Department of Health and Social Services Standing Committee Reports Reports dated April 8 were read stating: In accordance with AS 39.05.080, the Senate Resources Committee reviewed the following with regard to confirmation of the Governors appointments: Board of Fisheries Russell S. Nelson - Dillingham John R. White - Bethel 1998-04-09 Senate Journal Page 3218 Board of Game Walter Sampson - Kotzebue Eric Williamson - Anchorage Signing the reports: Senator Halford, Chair, Senators Leman, Taylor, Sharp, Torgerson, Lincoln. SB 203 The Health, Education and Social Services Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 203 An Act relating to phonemic awareness, letter-sound correspondence, word- attack skills, spelling, vocabulary, use of decodable text, reading comprehension strategies, and testing for basic reading and reading comprehension skills in the public school system and recommended it be replaced with CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 203(HES) Signing do pass: Senator Wilken, Chair, Senators Leman, Ward, Green. Signing no recommendation: Senator Ellis. Fiscal note for the bill published today from Department of Education. Fiscal note information forthcoming. President Miller added a Finance Committee referral to the bill. The bill was referred to the Finance Committee. SB 306 The Judiciary Committee considered SENATE BILL NO. 306 An Act relating to the authority to claim a child who is the subject of a child support order as a dependent for purposes of a federal income tax exemption; relating to certification of child support arrears; amending Rule 90.3, Alaska Rules of Civil Procedure and recommended it be replaced with 1998-04-09 Senate Journal Page 3219 SB 306 CS FOR SENATE BILL NO. 306(JUD) An Act relating to the authority to claim a child as a dependent for purposes of federal income tax laws; relating to certification of child support arrears. Signing no recommendation: Senator Taylor, Chair, Senators Parnell, Ellis. Previous fiscal note applies to the committee substitute. President Miller added a Finance Committee referral to the bill. The bill was referred to the Finance Committee. SB 346 Forthcoming fiscal note (page 3197) for the bill and the Labor and Commerce Committee Substitute for SENATE BILL NO. 346 An Act relating to competition in the provision of local exchange telephone service; and providing for an effective date published today from Department of Commerce and Economic Development. HB 449 The State Affairs Committee considered CS FOR HOUSE BILL NO. 449(STA) An Act relating to certain individual retirement accounts; and providing for an effective date. Signing do pass: Senator Green, Chair, Senators Duncan, Mackie, Ward. Previous House zero fiscal note. The bill was referred to the Labor and Commerce Committee. Introduction and Reference of Senate Resolutions SCR 26 SENATE CONCURRENT RESOLUTION NO. 26 BY THE SENATE JUDICIARY COMMITTEE, 1998-04-09 Senate Journal Page 3220 SCR 26 Relating to the policy on use of a state right-of-way for fiber-optic cables. was read the first time and referred to the Judiciary Committee. Introduction and Reference of Senate Bills SB 351 SENATE BILL NO. 351 BY THE SENATE RULES COMMITTEE BY REQUEST, entitled: An Act relating to health insurance provided by and provisions relating to the Comprehensive Health Insurance Association. was read the first time and referred to the Health, Education and Social Services and Labor and Commerce Committees. SB 352 SENATE BILL NO. 352 BY THE SENATE TRANSPORTATION COMMITTEE, entitled: An Act relating to international airports revenue bonds; and providing for an effective date. was read the first time and referred to the Transportation and Finance Committees. SB 353 SENATE BILL NO. 353 BY THE SENATE JUDICIARY COMMITTEE, entitled: An Act relating to property exemptions; and providing for an effective date. was read the first time and referred to the Labor and Commerce and Judiciary Committees. 1998-04-09 Senate Journal Page 3221 Consideration of the Calendar Citations Honoring - Amanda Heyano Senator(s) Hoffman, Wilken, Taylor, Kelly, Lincoln, Leman, Sharp, Adams, Halford, Mackie, Duncan Honoring - Margaret Russell, 1998 Business Leader of the Year Representative(s) Brice Senator(s) Wilken, Miller, Sharp, Taylor, Kelly, Lincoln, Leman, Mackie, Duncan Honoring - Austin E. Lathrop High School and Alaska Association of Student Governments Senator(s) Wilken, Miller, Sharp, Taylor, Kelly, Lincoln, Leman, Mackie, Duncan Representative(s) Brice 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. Announcements Announcements are at the end of the journal. Adjournment Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 2:00 p.m., April 14, 1998. Without objection, the Senate adjourned at 11:14 p.m. Nancy Quinto Secretary of the Senate April 1998 1998-04-09 Senate Journal Page 3222 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 APR 10 FRIDAY 0:00 AM NO MEETING SCHEDULED APR 13 MONDAY 0:00 AM NO MEETING SCHEDULED APR 15 WEDNESDAY 1:30 PM BILLS PREVIOUSLY HEARD APR 17 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 APR 09 THURSDAY 9:00 AM NO MEETING SCHEDULED APR 15 WEDNESDAY 9:00 AM SB 108STATE LAND LOTTERY PROGRAM HB 467CONTRACTUAL LEGISLATIVE EMPLOYEES SB 295LURING OR ENTICING A CHILD BILLS PREVIOUSLY HEARD/SCHEDULED HB 51DEPT OF ENV. CONSERV./WATER/PENALTIES HB 210AIRPORT DUTY-FREE CONCESSIONS 1998-04-09 Senate Journal Page 3223 FINANCE APR 16 THURSDAY 9:00 AM SB 350ABOLISH TOURISM MARKETING COUNCIL BILLS PREVIOUSLY HEARD/SCHEDULED SB 274PROBATION AND PAROLE FEES SB 337MANDATORY BOROUGH INCORPORATION APR 16 THURSDAY 4:30 PM SB 256REDUCE ROYALTY ON COOK INLET OIL & GAS <PENDING REFERRAL> HB 380REDUCE ROYALTY ON COOK INLET OIL & GAS <PENDING REFERRAL> APR 17 FRIDAY 9:00 AM SB 246HARBORVIEW DEVELOPMENTAL CENTER SB 349UNEMPLOY EXEMPT AMATEUR SPORTS OFFICIAL HB 17DNR APPROVE PLATS IN UNORG. BOROUGH HB 334TUITION WAIVER FOR POLICE WIDOW/CHILD BILLS PREVIOUSLY HEARD/SCHEDULED APR 17 FRIDAY 3:30 PM FINANCE SUBCOMMITTEE ON TELECOMMUNICATIONS SB 344STATE AGENCY TELECOMMUNICATIONS SYSTEMS APR 18 SATURDAY 9:00 AM SB 292APPROPS:CAPITAL/REAPPROP/FUNDS/OPERATING APR 19 SUNDAY 10:00 AM -- TIME CHANGE -- BILLS PREVIOUSLY HEARD/SCHEDULED APR 20 MONDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE SB 230APPROPRIATION: MENTAL HEALTH PROGRAM DEPARTMENT CLOSEOUTS - FULL COMMITTEE APR 20 MONDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE SB 230APPROPRIATION: MENTAL HEALTH PROGRAM DEPARTMENT CLOSEOUTS - FULL COMMITTEE 1998-04-09 Senate Journal Page 3224 FINANCE APR 21 TUESDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE SB 230APPROPRIATION: MENTAL HEALTH PROGRAM DEPARTMENT CLOSEOUTS - FULL COMMITTEE APR 21 TUESDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE SB 230APPROPRIATION: MENTAL HEALTH PROGRAM DEPARTMENT CLOSEOUTS - FULL COMMITTEE APR 22 WEDNESDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE SB 230APPROPRIATION: MENTAL HEALTH PROGRAM DEPARTMENT CLOSEOUTS - FULL COMMITTEE APR 22 WEDNESDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE SB 230APPROPRIATION: MENTAL HEALTH PROGRAM DEPARTMENT CLOSEOUTS - FULL COMMITTEE APR 23 THURSDAY 9:00 AM + SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE + SB 230APPROPRIATION: MENTAL HEALTH PROGRAM DEPARTMENT CLOSEOUTS - FULL COMMITTEE TELECONFERENCE - 3 MINUTE TIME LIMIT APR 24 FRIDAY 9:00 AM BILLS PREVIOUSLY HEARD/SCHEDULED APR 25 SATURDAY 10:00 AM -- TIME CHANGE -- BILLS PREVIOUSLY HEARD/SCHEDULED APR 26 SUNDAY 10:00 AM -- TIME CHANGE -- BILLS PREVIOUSLY HEARD/SCHEDULED APR 27 MONDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET SB 230APPROPRIATION: MENTAL HEALTH PROGRAM 1998-04-09 Senate Journal Page 3225 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 10 FRIDAY 0:00 AM NO MEETING SCHEDULED APR 13 MONDAY 0:00 AM NO MEETING SCHEDULED APR 15 WEDNESDAY 9:00 AM SB 266MEDICAID COVER/HEALTHY FAMILIES AK PROGRA HB 459MEDICAID FOR LOW-INCOME DISABLED BILLS HELD FROM PREVIOUS MEETINGS APR 17 FRIDAY 9:00 AM HB 367PART-TIME PUBLIC SCHOOL STUDENT ENROLLMEN BILLS HELD FROM PREVIOUS MEETINGS ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 10 FRIDAY 0:00 AM NO MEETING SCHEDULED APR 13 MONDAY 0:00 AM NO MEETING SCHEDULED APR 15 WEDNESDAY 1:45 PM -- TIME CHANGE -- + HB 116WORKERS COMPENSATION SELF-INSURANCE GROUP + SB 305IMPLEMENTATION OF WORK COMP EDITION + SCR 26FIBER-OPTIC CABLE RIGHT-OF-WAY POLICY BILLS PREVIOUSLY HEARD APR 17 FRIDAY 1:30 PM + SB 331PROFESSIONAL COUNSELOR LICENSING + CONFIRMATIONS: ALCOHOL BEVERAGE CONTROL BOARD, JUDICIAL CONDUCT, ALASKA JUDICIAL COUNCIL, VIOLENT CRIMES COMPENSATION BOARD BILLS PREVIOUSLY HEARD ---------------------------------------- 1998-04-09 Senate Journal Page 3226 LABOR & COMMERCE FAHRENKAMP RM 203 APR 09 THURSDAY 1:30 PM -- MEETING CANCELLED -- + SB 210WORKERS COMP: ELECTRONIC DEPOSIT BILLS PREVIOUSLY HEARD + SB 335LICENSING OF COSMETOLOGISTS <BILLS POSTPONED TO A FUTURE DATE> APR 14 TUESDAY 0:00 AM NO MEETING SCHEDULED APR 16 THURSDAY 1:30 PM + HB 399EXEMPT/DEFERRAL DETERIORATED PROPTY TAX BILLS PREVIOUSLY HEARD + HB 33REAL ESTATE LICENSING APR 21 TUESDAY 1:30 PM + HB 449ROTH IRA EXEMPTION + HB 387DENTISTS ABILITY TO DO CPR BILLS PREVIOUSLY HEARD + SB 335LICENSING OF COSMETOLOGISTS ---------------------------------------- RESOURCES BUTROVICH ROOM 205 APR 10 FRIDAY 3:30 PM -- MEETING CANCELLED -- SB 206AIRPORT/AIR NAVIGATION FACILITIES HB 380REDUCE ROYALTY ON COOK INLET OIL & GAS BILLS PREVIOUSLY HEARD/SCHEDULED APR 13 MONDAY 0:00 AM NO MEETING SCHEDULED APR 15 WEDNESDAY 3:30 PM HB 380REDUCE ROYALTY ON COOK INLET OIL & GAS HB 370APPROPRIATION: 1997 FISHERY DISASTER BILLS PREVIOUSLY HEARD/SCHEDULED APR 17 FRIDAY 3:30 PM SB 206AIRPORT/AIR NAVIGATION FACILITIES HB 168TRADITIONAL ACCESS FOR TRADITIONAL ACTIVI BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- 1998-04-09 Senate Journal Page 3227 RULES FAHRENKAMP RM 203 APR 09 THURSDAY 11:15 AM SB 233ALCOHOL BEVERAGE CONTROL BOARD SB 319ARBITRATION SJR 35CONST AM: PARTICIPATION IN ABORTION APR 15 WEDNESDAY 0:00 AM ON ADJOURNMENT HB 2PERMANENT FUND DIVIDEND ELIGIBILITY ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 APR 09 THURSDAY 0:00 AM NO MEETING SCHEDULED APR 14 TUESDAY 0:00 AM NO MEETING SCHEDULED APR 16 THURSDAY 3:30 PM HB 462USE OF STATE MONEY FOR IMAGES/MESSAGES HB 264NEGOTIATED REGULATION MAKING BILLS PREVIOUSLY HEARD ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 APR 09 THURSDAY 0:00 AM NO MEETING SCHEDULED APR 14 TUESDAY 0:00 AM NO MEETING SCHEDULED APR 16 THURSDAY 1:30 PM SB 352AIRPORT REVENUE BONDS + HB 373FOREST RESOURCES FINANCE SUBCOMMITTEES ADMINISTRATION BUTROVICH RM 205 APR 15 WEDNESDAY 3:00 PM CLOSEOUT FY 99 BUDGET ---------------------------------------- 1998-04-09 Senate Journal Page 3228 FINANCE SUBCOMMITTEES CHILD CARE SENATE FINANCE 532 APR 16 THURSDAY 4:00 PM BUDGETS - CHILD CARE PROGRAMS AND HEAD START CLOSEOUT ---------------------------------------- COMMUNITY AND REGIONAL AFFAIRS BUTROVICH RM 205 APR 15 WEDNESDAY 2:00 PM CLOSEOUT THE FY 99 BUDGET ---------------------------------------- CORRECTIONS BUTROVICH RM 205 APR 16 THURSDAY 2:30 PM BUDGET CLOSEOUT ---------------------------------------- COURT SYSTEM BELTZ RM 211 APR 14 TUESDAY 1:00 PM -- MEETING CANCELLED -- BUDGET CLOSEOUT APR 16 THURSDAY 1:00 PM SUBCOMMITTEE CLOSEOUT ---------------------------------------- ECONOMIC DEVELOPMENT FAHRENKAMP RM 203 APR 15 WEDNESDAY 3:30 PM ECONOMIC DEVELOPMENT SUBCOMMITTEE CLOSEOUT ---------------------------------------- EDUCATION BUTROVICH RM 205 APR 14 TUESDAY 4:00 PM DEPT OF EDUCATION BUDGET CLOSEOUT ---------------------------------------- 1998-04-09 Senate Journal Page 3229 FINANCE SUBCOMMITTEES HEALTH & SOCIAL SERVICES BELTZ RM 211 APR 15 WEDNESDAY 7:30 AM SUBCOMMITTEE CLOSEOUT APR 17 FRIDAY 7:30 AM SUBCOMMITTEE CLOSEOUT ---------------------------------------- LEGISLATURE SENATE FINANCE 532 APR 18 SATURDAY 1:00 PM FY 99 LEGISLATURE BUDGET SUBCOMMITTEE PUBLIC COMMENT AND CLOSEOUT ---------------------------------------- MILITARY AND VETERANS AFFAIRS BUTROVICH RM 205 APR 15 WEDNESDAY 2:30 PM CLOSEOUT THE FY 99 BUDGET ---------------------------------------- NATURAL RESOURCES BUTROVICH RM 205 APR 16 THURSDAY 7:30 AM CLOSEOUT MEETING - DEPT OF NATURAL RESOURCES ---------------------------------------- PUBLIC SAFETY BUTROVICH RM 205 APR 16 THURSDAY 3:30 PM DEPT OF PUBLIC SAFETY BUDGET CLOSEOUT ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES SENATE FINANCE 532 APR 09 THURSDAY 1:00 PM REVIEW ALASKA MARINE HIGHWAY SYSTEM ---------------------------------------- UNIVERSITY OF ALASKA SENATE FINANCE 532 APR 15 WEDNESDAY 3:00 PM BUDGET CLOSEOUT 1998-04-09 Senate Journal Page 3230 FINANCE SUBCOMMITTEES WELFARE REFORM SENATE FINANCE 532 APR 09 THURSDAY 9:00 AM WELFARE REFORM OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH RM 205 APR 15 WEDNESDAY 12:00 PM ABSTINENCE PROGRAMS THAT WORK