Legislature(1997 - 1998)

1997-01-28 Senate Journal

Full Journal pdf

1997-01-28                     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