Legislature(1997 - 1998)
1998-05-02 Senate Journal
Full Journal pdf1998-05-02 Senate Journal Page 3705 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska One Hundred Eleventh Day Pursuant to adjournment the Senate was called to order by President Miller at 10:17 a.m. The roll showed seventeen members present. Senators Halford, Leman, Lincoln were 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. Respecting the religious traditions of each person present, let us pray: God of the earth, the sky, and the sea, we thank You for this season of Spring. Unfold our winter spirits with the warmth of Your sun. Strengthen our lives with the power of Your wind. Renew our hearts as You bring rebirth to the soil. Grant today, most generous God, a renewed sense of what it means to be a servant. Remind us, too, of who You would have us serve. Amen. Senator Ellis led the Senate in the Pledge of Allegiance. Certification Senator Taylor moved and asked unanimous consent that the journal for the one hundred tenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 3705 1998-05-02 Senate Journal Page 3706 Messages from the Governor HB 310 Message dated and received May 1 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 HOUSE BILL NO. 310(RLS) An Act relating to the utilization of groundfish; and providing for an effective date. Chapter 19, SLA 1998 Effective Date: 5/02/98 SB 195 Message dated and received May 1 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 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. Chapter 20, SLA 1998 Effective Date: 7/30/98 SB 220 Message dated and received May 1 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. 220(FIN)(title am) An Act making a supplemental appropriation to the Alaska Permanent Fund Corporation for payment of management fees for fiscal year 1998; and providing for an effective date. 1998-05-02 Senate Journal Page 3707 SB 220 Chapter 21, SLA 1998 Effective Date: 5/02/98 HB 467 Message dated and received May 1 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 BILL NO. 467 am S An Act relating to employees of the legislature who are employed under a personal services contract. Chapter 22, SLA 1998 Effective Date: 7/30/98 SB 341 Message dated and received May 1 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE BILL NO. 341 An Act relating to agricultural land; and providing for an effective date. Chapter 23, SLA 1998 Effective Date: 5/02/98 SB 268 Message dated and received May 1 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: 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. Chapter 24, SLA 1998 Effective Date: 7/01/98 1998-05-02 Senate Journal Page 3708 HB 462 Message dated and received May 1 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 462(STA) An Act relating to the contents of certain state documents. Chapter 25, SLA 1998 Effective Date: 7/30/98 Messages from the House HB 325 Message dated May 1 was read, stating the Speaker has granted limited powers of free conference to the House conferees considering: CS FOR HOUSE BILL NO. 325(FIN) am(brf sup maj fld) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date and SENATE CS FOR CS FOR HOUSE BILL NO. 325(FIN) am S An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. on the following specific points: See Category Listing under Special Committee Reports for HB 325 (Senate Journal pages 3653 - 3679). 1998-05-02 Senate Journal Page 3709 HB 326 Message dated May 1 was read, stating the Speaker has granted limited powers of free conference to the House conferees considering: CS FOR HOUSE BILL NO. 326(FIN) An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date. and SENATE CS FOR CS FOR HOUSE BILL NO. 326(FIN) am S on the following specific points: See Category Listing under Special Committee Reports for HB 325 (Senate Journal pages 3653 - 3679). Message dated May 1 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 284 CS FOR HOUSE BILL NO. 284(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to infestations and diseases of timber. was read the first time and referred to the Resources and Finance Committees. 1998-05-02 Senate Journal Page 3710 HB 303 HOUSE BILL NO. 303 BY REPRESENTATIVES ELTON, Davies, Hudson, Hodgins, Croft, Kemplen, entitled: An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; and providing for an effective date. was read the first time and referred to the Finance Committee. HB 458 CS FOR HOUSE BILL NO. 458(RLS) BY THE HOUSE RULES COMMITTEE, entitled: An Act relating to establishing a golf course alcoholic beverage license to allow sales of beer and wine; extending the termination date of the Alcoholic Beverage Control Board; and providing for an effective date. was read the first time and referred to the Labor and Commerce and Finance Committees. HB 473 CS FOR HOUSE BILL NO. 473(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to training and certification of fire services personnel; relating to certification of fire services training programs; and providing for an effective date. was read the first time and referred to the Finance Committee. HB 482 CS FOR HOUSE BILL NO. 482(TRA) am BY THE HOUSE TRANSPORTATION COMMITTEE, entitled: 1998-05-02 Senate Journal Page 3711 HB 482 An Act relating to registration of vehicles owned by disabled persons or persons who are 65 years of age or older; and providing for an effective date. was read the first time and referred to the Transportation Committee. HB 486 CS FOR HOUSE BILL NO. 486(L&C) BY THE HOUSE LABOR AND COMMERCE COMMITTEE, entitled: An Act relating to the Alaska Securities Act; and providing for an effective date. was read the first time and referred to the Labor and Commerce Committee. HB 488 HOUSE BILL NO. 488 am BY THE HOUSE RULES COMMITTEE BY REQUEST, entitled: An Act relating to the Alaska Royalty Oil and Gas Development Advisory Board. was read the first time and referred to the Finance Committee. The presence of Senator Leman was noted. SJR 40 Message dated May 1 was read, stating the House passed CS FOR SENATE JOINT RESOLUTION NO. 40(RES), with the following amendment: Page 1, line 2: Delete SENATE Insert LEGISLATURE 1998-05-02 Senate Journal Page 3712 SJR 40 Page 2, lines 7 and 9: Delete Senate Insert Legislature and so, CS FOR SENATE JOINT RESOLUTION NO. 40(RES) am H Relating to the fisheries management fee proposed by President Clinton, is returned for consideration. Senator Duncan moved and asked unanimous consent that he be shown as a cosponsor on the resolution. Without objection, it was so ordered. Senator Taylor moved that the Senate concur in the House amendment. The question being: Shall the Senate concur in the House amendment? The roll was taken with the following result: CSSJR 40(RES) am H Shall the Senate Concur in the House Amendment to CSSJR 40(RES)? YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Green, Hoffman, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Absent: Halford, Lincoln and so, the Senate concurred in the House amendment, thus adopting CS FOR SENATE JOINT RESOLUTION NO. 40(RES) am H Relating to the fisheries management fee proposed by President Clinton. The Secretary was requested to notify the House. The resolution was referred to the Secretary for enrollment. 1998-05-02 Senate Journal Page 3713 Standing Committee Reports Report dated April 17 was read stating: In accordance with AS 39.05.080, the Senate Judiciary Committee reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Alcoholic Beverage Control Board Toni L. Jackson - Copper Center There were no stated objections to the named individual. However, this does not reflect an intent by any of the members to vote for or against the appointment during any further sessions. Signing the report: Senator Taylor, Chair, Senators Miller, Parnell, Ellis. SB 312 The Judiciary Committee considered SENATE BILL NO. 312 An Act relating to animals, to food, to pest control, and to the Alaska Food, Drug and Cosmetic Act; and providing for an effective date. Signing do pass: Senator Taylor, Chair, Senator Ellis. Signing no recommendation: Senator Parnell. Previous zero fiscal notes. The bill was referred to the Rules Committee. SB 350 The Finance Committee considered SENATE BILL NO. 350 An Act relating to tourism; relating to grants for tourism marketing; eliminating the division of tourism and the Alaska Tourism Marketing Council; and providing for an effective date and recommended it be replaced with 1998-05-02 Senate Journal Page 3714 SB 350 CS FOR SENATE BILL NO. 350(FIN) An Act relating to tourism and tourism marketing; eliminating the Alaska Tourism Marketing Council; and providing for an effective date. Signing do pass: Senators Sharp, Pearce, Cochairs, Senator Donley. Signing no recommendation: Senators Phillips, Parnell, Adams, Torgerson. Fiscal note for the bill and the committee substitute published today from Department of Commerce and Economic Development. The bill was referred to the Rules Committee. HB 11 The Finance Committee considered HOUSE BILL NO. 11 An Act relating to drivers licensing; and providing for an effective date and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 11(FIN) Signing do pass: Senator Pearce, Cochair, Senator Phillips. Signing no recommendation: Senator Sharp, Cochair, Senators Torgerson, Donley. Signing do not pass and not needed: Senator Adams. Fiscal note for the Senate Committee Substitute published today from Department of Administration. The bill was referred to the Rules Committee. HB 197 The Finance Committee considered HOUSE BILL NO. 197 An Act relating to libraries and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 197(FIN) Signing do pass: Senator Sharp, Cochair, Senator Torgerson. Signing no recommendation: Senator Pearce, Cochair, Senators Phillips, Parnell, Adams, Donley. 1998-05-02 Senate Journal Page 3715 HB 197 Previous House zero fiscal note applies to the Senate Committee Substitute. The bill was referred to the Rules Committee. HCR 34 The Judiciary Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 34(L&C) am Establishing a Joint Committee on Electric Utility Restructuring. Signing do pass: Senator Taylor, Chair, Senator Ellis. Signing no recommendation: Senator Parnell. Previous House zero fiscal note. The bill was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 360 SENATE BILL NO. 360 BY THE SENATE FINANCE COMMITTEE, entitled: An Act authorizing the issuance of bonds in the amount of $257,600,000 by the Alaska Housing Finance Corporation for certain capital projects; relating to those bonds and to the appropriation of revenue of the Alaska Housing Finance Corporation; and providing for an effective date. was read the first time and referred to the Finance Committee. The presence of Senator Lincoln was noted. 1998-05-02 Senate Journal Page 3716 Unfinished Business Reconsideration of Senate Bills SB 358 Senator Pearce requested that the reconsideration on SENATE BILL NO. 358 am SENATE BILL NO. 358 am An Act relating to the disclosure of certain personnel records that include information about the use of public funds be taken up. The bill was before the Senate on reconsideration. 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 : Page 1, lines 1 - 2: Delete "disclosure of the use of state funds related to personnel records" Insert "the disclosure of certain personnel records that include information about the use of public funds" Page 1, lines 4 - 10: Delete all material and insert: "* Section 1. AS39.25 is amended by adding a new section to read: Sec. 39.25.085. Release of certain information in personnel records concerning the use of public funds. (a) A state agency that is authorized by law to audit the state's use of public funds may request the public release to the agency of audit results contained in a confidential personnel record that relate to the improper use of public funds. The agency holding the records shall release the audit results relating to the improper use of public funds to the auditing agency unless disclosure is prohibited under this section or other law that protects the records on a basis other than that the records are personnel records. 1998-05-02 Senate Journal Page 3717 SB 358 (b) A state agency holding confidential personnel records that are the subject of a request for public release under (a) of this section shall notify the employee who is the subject of the record of the request for public release of audit results relating to the improper use of public funds and of the procedures that the employee may use to protest the public release of the audit results. The employee may, within 10 days after receiving notice of the request to release the audit results, file with the appropriate reviewing officer a written objection to the public release. The appropriate reviewing officer or the officers designee shall hold an informal confidential hearing and review the record to determine if the findings and conclusions relating to the improper use of public funds are based on substantial evidence and if the decision in the matter is reasonable. If the reviewing officer finds that the audit results are not based on substantial evidence or that the decision is unreasonable, the officer shall prohibit the public release of the audit results. (c) The appropriate reviewing officer for employees of the executive branch, including employees of the University of Alaska, is the officer appointed by the director of the division of finance, Department of Administration, or the officer's designee. The appropriate reviewing officer for employees of the judicial branch is the administrative director of the court system. The appropriate reviewing officer for employees of the legislative branch is the (1) director of the Legislative Affairs Agency for employees of the agency; (2) legislative auditor for employees of the division of legislative audit; (3) legislative fiscal analyst for employees of the division of legislative finance; (4) ombudsman for employees of the Office of the Ombudsman. (d) This section does not apply to the personnel records of legislators or to the records of employees of the legislative branch who are not specifically included in (c) of this section. (e) Notwithstanding AS39.25.110, this section applies to personnel records of employees in the classified, partially exempt, and exempt services except as provided in (d) of this section. 1998-05-02 Senate Journal Page 3718 SB 358 (f) In this section, "division of finance" means that unit of the Department of Administration that is responsible for the financial records of the state." Senator Pearce moved for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. SENATE BILL NO. 358 am was automatically in third reading. Senator Taylor moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Without objection, the bill was returned to second reading. Senator Taylor offered Amendment No. 4 : Page 1, lines 4, 10, 11: Delete funds Insert resources Page 2, line 23, after section,: Insert (1) Page 2, line 24, after state;: Insert (2) resources means funds, facilities, equipment, goods, services, or other assets. Senator Taylor moved and asked unanimous consent for the adoption of Amendment No. 4. Without objection, Amendment No. 4 was adopted. SENATE BILL NO. 358 am was automatically in third reading. The question to be reconsidered: Shall SENATE BILL NO. 358 am An Act relating to the disclosure of certain personnel records that include information about the use of public resources pass the Senate? The roll was taken with the following result: 1998-05-02 Senate Journal Page 3719 SB 358 SB 358 am Third Reading - On Reconsideration YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Green, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Absent: Halford, Hoffman and so, SENATE BILL NO. 358 am passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the Senate rescind its previous action in passing SENATE BILL NO. 358 am on reconsideration. Without objection, the Senate rescinded its previous action. Senator Taylor moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 5. Without objection, the bill was returned to second reading. Senator Taylor offered Amendment No. 5 : Replace the word funds with the word resources wherever it appears in the bill. Senator Taylor moved and asked unanimous consent for the adoption of Amendment No. 5. Without objection, Amendment No. 5 was adopted. SENATE BILL NO. 358 am was automatically in third reading. The question to be reconsidered: Shall SENATE BILL NO. 358 am An Act relating to the disclosure of certain personnel records that include information about the use of public resources pass the Senate? The roll was taken with the following result: 1998-05-02 Senate Journal Page 3720 SB 358 SB 358 am Third Reading - On Reconsideration YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Green, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Absent: Halford, Hoffman and so, SENATE BILL NO. 358 am passed the Senate on reconsideration and was referred to the Secretary for engrossment. HB 411 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on CS FOR HOUSE BILL NO. 411(FIN) An Act relating to issuance of a winery license in a local option area. Without objection, the bill was referred to the Rules Committee. Announcements Announcements are at the end of the journal. Engrossment SB 358 SENATE BILL NO. 358 am An Act relating to the disclosure of certain personnel records that include information about the use of public resources was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1998-05-02 Senate Journal Page 3721 Adjournment Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 4, 1998. Without objection, the Senate adjourned at 10:53 a.m. Nancy Quinto Secretary of the Senate May 1998 1998-05-02 Senate Journal Page 3722 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 FINANCE SENATE FINANCE 532 MAY 02 SATURDAY 9:00 AM + SB 350ABOLISH TOURISM MARKETING COUNCIL + HB 210AIRPORT DUTY-FREE CONCESSIONS RECESS TO CALL OF THE CHAIR-CONTINUE UPON ADJOURNMENT FROM SENATE SESSION APPROX 11 AM + SB 352AIRPORT REVENUE BONDS MAY 02 SATURDAY 1:00 PM -- TIME CHANGE -- + BILLS PREVIOUSLY HEARD/SCHEDULED + SB 231APPROPS:CAPITAL/REAPPROP/FUNDS/OPERATING MAY 03 SUNDAY 0:00 AM TIME TO BE ANNOUNCED + SB 231APPROPS:CAPITAL/REAPPROP/FUNDS/OPERATING BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAY 04 MONDAY 1:30 PM + HB 375CRIMES AGAINST CHILDREN/FOSTER CARE <PENDING REFERRAL> + SB 272CRIMES AGAINST CHILDREN/FOSTER CARE ---------------------------------------- 1998-05-02 Senate Journal Page 3723 LABOR & COMMERCE FAHRENKAMP RM 203 MAY 05 TUESDAY 1:30 PM HB 203ACTIONS FOR UNLAWFUL TRADE PRACTICES HJR 65CLASSIFY WILD SALMON AS ORGANIC FOOD HB 347OVERTIME WAGE EXEMPTION FOR MECHANICS <PENDING REFERRAL> HB 486ALASKA SECURITIES ACT HB 474CERTIFY MUNICIPAL CORRECTIONAL OFFICERS <PENDING REFERRAL> CONFIRMATION HEARING ALASKA WORKERS COMPENSATION BOARD BILLS PREVIOUSLY HEARD SB 353PROPERTY EXEMPTIONS ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAY 04 MONDAY 3:30 PM BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- RULES FAHRENKAMP RM 203 MAY 02 SATURDAY 0:00 AM RULES MEETING SUBJECT TO CALL OF THE CHAIR MAY 04 MONDAY 0:00 AM UPON RECESS SB 312FOOD/SEAFOOD/ORGANIC FOOD SB 350ABOLISH TOURISM MARKETING COUNCIL SB 352AIRPORT REVENUE BONDS <PENDING REFERRAL> HB 11DRIVERS LICENSE REQUIREMENTS FOR MINORS HB 197PUBLIC LIBRARIES HB 361PRIVATE MAINTENANCE OF STATE HIGHWAY HB 411LOCAL OPTION FOR WINERY LICENSE HB 471REGIONAL NATIVE HOUSING AUTHORITIES SCR 29SUSPEND UN RLS: TITLE CHANGE FOR HB 471 HCR 34JT COM ON ELEC UTILITY RESTRUCTURING OTHER ITEMS REFERRED TO THE RULES COMMITTEE ---------------------------------------- 1998-05-02 Senate Journal Page 3724 STATE AFFAIRS BELTZ ROOM 211 MAY 05 TUESDAY 3:30 PM BILLS PREVIOUSLY HEARD + CONFIRMATION HEARING ALASKA PUBLIC OFFICES COMMISSION HJR 59DESECRATION OF U.S. FLAG HJR 57AMEND US CONSTIT. TO LIMIT FED. COURTS HB 353ADOPTION BY REFERENCE IN REGULATIONS HB 464NURSING CARE AT STATE VETERANS HOME HJR 62BRING BALTO BACK TO ALASKA MAY 07 THURSDAY 3:30 PM BILLS PREVIOUSLY HEARD ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAY 05 TUESDAY 1:30 PM + HB 12IMMUNITY FOR EQUINE ACTIVITIES BILLS PREVIOUSLY HEARD MAY 07 THURSDAY 0:00 AM NO MEETING SCHEDULED