Legislature(1997 - 1998)
1997-01-28 Senate Journal
Full Journal pdf1997-01-28 Senate Journal Page 0145 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska Sixteenth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:01 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Pastor Chris Grube, Church of the Nazarene. Senator Duncan moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our Father, we stand before You today with confidence knowing You hear us when we pray. We thank You for all the accomplishments You have enabled us to execute this past year. We thank You for Your protection and safety upon our government leaders. Now Lord, You have brought us into a new year, with all of its challenges and concerns, its failures and victories. And as we approach this new session we ask You for Divine guidance in all our decision making. The agenda that confronts us is awesome, but we also know that You are an awesome God, and with You all things are possible. Would You help us as leaders to open men's and womens eyes that they may turn themselves from darkness to light. In Jesus name we pray, Amen. Senator Pearce led the Senate in the pledge of allegiance. 145 1997-01-28 Senate Journal Page 0146 CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the fifteenth legislative day, Senate Journal Supplement No. 1 and House and Senate Joint Journal Supplement No. 4 be approved as certified by the Secretary. Without objection, it was so ordered. COMMUNICATIONS Disclosure letters received in accordance with AS 24.60 were published in Senate Journal Supplement No. 1 and House and Senate Joint Journal Supplement No. 4. STANDING COMMITTEE REPORTS SB 22 Forthcoming zero fiscal note (p. 124) for the State Affairs committee substitute for SENATE BILL NO. 22 An Act relating to qualifications for appointment to the Board of Game published today from Department of Fish and Game. SB 35 Zero fiscal note for the State Affairs committee substitute for SENATE BILL NO. 35 An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park published today from Department of Fish and Game. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 64 SENATE BILL NO. 64 BY SENATOR MACKIE, entitled: An Act relating to the Shuyak Island State Park. 1997-01-28 Senate Journal Page 0147 SB 64 was read the first time and referred to the Community and Regional Affairs, Resources and Finance Committees. SB 65 SENATE BILL NO. 65 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to domestic animals, to food, and to the Alaska Food, Drug and Cosmetic Act; and providing for an effective date. was read the first time and referred to the Labor and Commerce and Judiciary Committees. Zero fiscal note published today from Department of Environmental Conservation. Governor's transmittal letter dated January 27, 1997: Dear President Miller: Included in my effort to create greater efficiencies in state government is getting rid of archaic laws that are no longer used, but just remain on the books gathering dust. This bill is a cleanup of various statutes relating to food and animals under the Department of Environmental Conservation (DEC), either deleting unnecessary items or transferring them to consolidate our statutes. This will facilitate the publics use and understanding of these laws. History has left the statutes governing food scattered throughout both Title 3, which covers agriculture and animals, and Title 17 on food and drugs. With this bill, statutes governing organic food under the jurisdiction of the Department of Natural Resources would remain in Title 3, while statutes governing processed food that fall under the DEC purview would be consolidated in Title 17. Additionally, this bill makes other streamlining and housekeeping measures including deleting unnecessary flour and bread standards, statutes regarding rabies control, and staff reimbursement requirements that conflict with the state Procurement Code. 1997-01-28 Senate Journal Page 0148 SB 65 The bill also allows the DEC to use future revisions of three important federal milk and seafood program standards to be sure state standards always conform, to avoid confusion in the industry, and ensure marketability of our milk and seafood products. The people of Alaska are asking for government programs to be consolidated and streamlined. This bill is a step toward that goal. Sincerely, /s/ Tony Knowles Governor SB 66 SENATE BILL NO. 66 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to the collection by victims of restitution from prisoners; relating to the definition of 'serious provocation' as a defense to murder; relating to the definition of 'incapacitated' for sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating to mental examinations of victims in criminal prosecutions; relating to the rights of victims of crimes under AS 12.61; relating to access to certain records of the Violent Crimes Compensation Board; relating to medical death investigations; amending Alaska Rules of Criminal Procedure 5 and 6, Alaska Rules of Evidence 404 and 615, and Alaska Delinquency Rule 3; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. 1997-01-28 Senate Journal Page 0149 SB 66 Zero fiscal notes published today from Department of Health and Social Services, Department of Public Safety and Department of Law. Fiscal note published today from Department of Corrections. Governor's transmittal letter dated January 27: Dear President Miller: In a civilized society, people who are criminally wronged by others do not seek personal retribution; rather, society seeks justice on behalf of the victim. There have been instances, however, when our efforts to insure a fair trial for defendants have caused us to ignore or overlook the rights of victims. In response, the people of Alaska ratified in 1994 the Rights of Crime Victims amendment to our state Constitution as art. I, sec. 24. This bill I transmit to you today will implement the victims rights amendment through substantive and procedural changes to our law. The bill guarantees a victim has the right to be present at every proceeding during a criminal prosecution or delinquency adjudication in which the defendant or minor has the right to be present. Although the constitution explicitly provides this right, victims in our state are still occasionally excluded from hearings. This exclusion can be very difficult for victims, particularly those who have lost family members as a result of the crime. The constitutional amendment provides that victims have the right to be reasonably protected from a defendant through bail requirements or conditions of release prior to the defendants trial. In the spirit of that provision, this bill requires the court to consider the safety of the victim when setting bail and imposing conditions of release. The bill also closes up certain loopholes in the law that allow the crime of murder to be reduced to manslaughter. Its clear these loopholes were an unintended result of a 1980 change in the law. In addition, provisions in this legislation will make it easier for victims to collect restitution from prisoners. 1997-01-28 Senate Journal Page 0150 SB 66 I also feel it is important to address in this bill an unfortunate situation that arose from the recent tragic murder of Alaska State Trooper Bruce Heck while on duty. A successful defense request for a subsequent autopsy on Trooper Heck delayed his familys plans for cremation. This caused needless suffering for a family already stricken with grief. A provision in this bill will tighten the parameters for allowing subsequent autopsies, in the hope of shielding other families from this unnecessary pain. Finally, the bill continues the effort I began last year in my legislation to fight domestic violence by making it a class A misdemeanor to interfere with a person who is attempting to report a domestic violence offense to the police. The people of Alaska told us in 1994 they want victims rights clearly protected in the state Constitution. This bill will put that public sentiment into practice. Sincerely, /s/ Tony Knowles Governor CONSIDERATION OF THE CALENDAR CITATIONS Honoring - Linda Parker, Soldotna Chamber of Commerce 1996 Person of the Year Senator(s) Torgerson, Hoffman, Pearce, Parnell, Leman, Wilken, Lincoln, Duncan, Taylor, Kelly, Donley, Mackie, Green, Sharp Representative(s) Davis Honoring - Senior Captain Walter Jackinsky, The Alaska Marine Highway System Senator(s) Leman, Torgerson, Hoffman, Pearce, Parnell, Lincoln, Duncan, Taylor, Kelly, Donley, Mackie, Green, Sharp Representative(s) G. Phillips, Kubina, Davis 1997-01-28 Senate Journal Page 0151 In Memoriam - Ralph B. Branson Representative(s) Davis, G. Phillips, Hodgins Senator(s) Torgerson, Hoffman, Pearce, R. Phillips, Parnell, Leman, Lincoln, Duncan, Taylor, Kelly, Mackie, Green, Miller, Halford, Sharp 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 Taylor moved and asked unanimous consent that he be excused from the Senate, not subject to a call, from evening plane time, January 28 through morning plane time January 30. Without objection, Senator Taylor was excused. Senator Hoffman moved and asked unanimous consent that he be excused from a call of the Senate on January 30 and 31. Without objection, Senator Hoffman was excused. Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate on January 31. Without objection, Senator Lincoln was excused. ANNOUNCEMENTS Announcements are at the end of the journal. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 29, 1997. Without objection, the Senate adjourned at 11:09 a.m. Nancy Quinto Secretary of the Senate January 1997 1997-01-28 Senate Journal Page 0152 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 JAN 29 WEDNESDAY 1:30 PM SB 52FISHERIES BUSINESS TAX CREDITS JAN 31 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 JAN 28 TUESDAY 9:00 AM DEPARTMENT BUDGET OVERVIEWS: FISH AND GAME NATURAL RESOURCES PUBLIC SAFETY JAN 28 TUESDAY 4:30 PM PREVIEW OF DEPARTMENT ISSUES AND AUDITS FOR 1/29 BUDGET OVERVIEWS JAN 29 WEDNESDAY 8:30 AM -- TIME CHANGE -- WELFARE REFORM IMPLEMENTATION OVERVIEW DEPARTMENT BUDGET OVERVIEWS: REVENUE JAN 29 WEDNESDAY 4:30 PM PREVIEW OF ARRC ISSUES AND AUDITS FOR 1/30 BUDGET OVERVIEWS 1997-01-28 Senate Journal Page 0153 FINANCE CONTINUED JAN 30 THURSDAY 9:00 AM PRESENTATION BY THE ALASKA RAILROAD JOINT W/HOUSE TRANSPORTATION & HOUSE FINANCE JAN 31 FRIDAY 9:00 AM SB 29STATE AID TO MUNICIPALITIES & UNORG. BOR. CARRY-FORWARD DEPARTMENT BUDGET OVERVIEWS ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 JAN 29 WEDNESDAY 9:00 AM + SB 24PARENTAL CONSENT BEFORE MINOR'S ABORTION JAN 31 FRIDAY 9:00 AM + SB 51APPROVE CENTRALIZED PUBLIC HEALTH LAB SB 38ANATOMICAL GIFTS,LIVING WILLS & DNR ORDER ---------------------------------------- JUDICIARY BELTZ ROOM 211 JAN 29 WEDNESDAY 2:00 PM -- TIME CHANGE -- SCR 1LEGSL. COMMITTEE MEETINGS OUTSIDE JUNEAU EO 99 TRANSFERRING CERTAIN FUNCTIONS FROM DPS TO DOA JAN 31 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 JAN 28 TUESDAY 1:30 PM SB 41ENVIRONMENTAL & HEALTH/SAFETY AUDITS + SB 14INS:DOMESTIC VIOL. VICTIMS & DISCLOSURES JAN 30 THURSDAY 1:30 PM SB 41ENVIRONMENTAL & HEALTH/SAFETY AUDITS (ABOVE BILL HELD OVER FROM 1/28) SB 55AMEND DEFINITION OF PROGRAM RECEIPTS ---------------------------------------- 1997-01-28 Senate Journal Page 0154 RESOURCES BUTROVICH ROOM 205 JAN 29 WEDNESDAY 3:30 PM DEPARTMENTAL OVERVIEW: FISH AND GAME SB 7HUNTING SPORT FISH TRAPPING FEES/LICENSES JAN 31 FRIDAY 3:30 PM SEN FINANCE RM 532 -- LOCATION CHANGE -- JOINT MEETING WITH HOUSE RESOURCES BRIEFING: NATIONAL PARK SERVICE, COMINCO, AK ---------------------------------------- RULES FAHRENKAMP RM 203 JAN 28 TUESDAY 11:09 AM **UPON ADJOURNMENT** SJR 7AK NAT'L GUARD YOUTH CORPS CHALLENGE PROG PROFESSIONAL SERVICES CONTRACT ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 JAN 28 TUESDAY 3:30 PM NO MEETING SCHEDULED JAN 30 THURSDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 JAN 28 TUESDAY 1:30 PM SB 8AIRPORT/SHOOTING FACILITY NOISE LEVELS SB 56BUSINESS SIGNS/OUTDOOR ADVERTISING JAN 30 THURSDAY 1:30 PM NO MEETING SCHEDULED 1997-01-28 Senate Journal Page 0155 JOINT COMMITTEES SELECT CMTE ON LEGISLATIVE ETHICS BELTZ ROOM 211 JAN 30 THURSDAY 1:00 PM + FULL COMMITTEE TELECONFERENCE ETHICS CODE AMENDMENTS DISCUSSION ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH ROOM 205 JAN 29 WEDNESDAY 5:00 PM OTHER MEETINGS MAJORITY CAUCUS PRESIDENT'S CHAMBER JAN 28 TUESDAY 12:00 PM