Legislature(1997 - 1998)
1997-02-10 Senate Journal
Full Journal pdf1997-02-10 Senate Journal Page 0265 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska Twenty-ninth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:00 a.m. The roll showed eighteen members present. Senator Kelly was absent. Senator Taylor moved and asked unanimous consent that Senator Halford be excused from the Senate, not subject to a call, from February 10 through February 14. Without objection, Senator Halford was excused. The prayer was offered by the Chaplain, Pastor Kim Poole of the Douglas United Methodist Church. Senator Lincoln led the Senate in the pledge of allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journals for the twenty-fifth, twenty-sixth, twenty-seventh, and twenty-eighth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Message of February 7 was read, stating the House passed and transmitted for consideration: 265 1997-02-10 Senate Journal Page 0266 FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 12 HOUSE JOINT RESOLUTION NO. 12 am BY REPRESENTATIVES GREEN, Hodgins, Ryan, Bunde, Ogan, Kott, Rokeberg, James, Urging the Secretary of the Interior to conduct competitive oil and gas lease sales within the National Petroleum Reserve in Alaska. was read the first time and referred to the Resources Committee. FIRST READING AND REFERENCE OF HOUSE BILLS HB 46 CS FOR HOUSE BILL NO. 46(RES) BY THE HOUSE RESOURCES COMMITTEE, entitled: An Act relating to mining; and providing for an effective date. was read the first time and referred to the Resources Committee. COMMUNICATIONS The following reports are on file in the Office of the Secretary of the Senate: Annual Report of State Loans Administered by the Department of Commerce and Economic Development from William L. Hensley, Commissioner in accordance with AS 37.05.035 1997-02-10 Senate Journal Page 0267 Report on Reinstatements from William L. Hensley, Commissioner, Department of Commerce and Economic Development in accordance with AS 16.10.350(b) STANDING COMMITTEE REPORTS SB 39 Forthcoming fiscal note and zero fiscal note (p. 249) for the Judiciary committee substitute for SENATE BILL NO. 39 An Act relating to hazardous chemicals, hazardous materials, and hazardous waste received today, identical to Department of Public Safety fiscal note and Department of Law zero fiscal note published February 6 for the bill. SB 67 Forthcoming fiscal note (p. 249) for the State Affairs committee substitute for SENATE BILL NO. 67 An Act relating to the imposition of criminal sentences; and amending Rule 32.2, Alaska Rules of Criminal Procedure published today from Department of Law. SB 74 The Finance Committee considered SENATE BILL NO. 74 An Act extending lapse dates for certain prior year appropriations; making supplemental, capital, and special appropriations; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 74(FIN), entitled: An Act making appropriations concerning the states position on the sovereign powers of Native tribal governments in the state; and providing for an effective date. Signing do pass: Senators Sharp, Pearce, Cochairs, Senators Parnell, Torgerson. Signing do not pass: Senator Adams. The bill was referred to the Rules Committee. 1997-02-10 Senate Journal Page 0268 INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SJR 10 SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 10 BY SENATORS GREEN, Halford, Taylor, Sharp, Proposing amendments to the Constitution of the State of Alaska relating to the election and the duties of the attorney general. was read the first time and referred to the Judiciary Committee. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 79 SENATE BILL NO. 79 BY SENATOR HALFORD, entitled: An Act relating to the power of the attorney general to waive immunity from suit in federal court; and providing for an effective date. was read the first time and referred to the Judiciary Committee. SB 80 SENATE BILL NO. 80 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to prisoner litigation, post- conviction relief, and sentence appeals and to execution on judgments against prisoners accounts; amending Alaska Rule of Administrative Procedure 10(e), Alaska Rule of Appellate Procedure 502(b), Alaska Rule of Civil Procedure 26, and Alaska Rule of Criminal Procedure 35; and providing for an effective date. was read the first time and referred to the State Affairs and Judiciary Committees. 1997-02-10 Senate Journal Page 0269 SB 80 Zero fiscal notes published today from Department of Law, Department of Administration (2), Department of Corrections. Governors transmittal letter dated February 10: Dear President Miller: I am transmitting this bill to further enhance the positive effects of a 1995 law aimed at reducing frivolous litigation filed by state prisoners. The bill clarifies a prisoner must pay filing fees in all types of legal actions against the state, including discretionary appellate review. It also ensures the court will consider all prisoner financial accounts in determining whether an exemption from the filing fee is warranted. This is an extension of the 1995 law (ch. 79, SLA 1995) which requires a prisoner to pay the usual filing fees for bringing a legal action against the state, unless the court finds the prisoner qualifies for an exemption based on financial information. This bill requires the prisoner to submit information about money in accounts outside the prison as well as in-prison accounts. The law enacted in 1995 provides that automatic disclosure provisions of Alaska Rule of Civil Procedure 16.1 do not apply to litigation filed by prisoners. But a corresponding exemption from a similar provision in a separate court rule (Alaska Rule of Civil Procedure 26) was inadvertently not included in the earlier bill. This bill repairs that omission. The rationale for automatic disclosure--reducing the cost and duration of litigation by cooperative discovery--does not readily apply in most litigation brought by prisoners. Prisoners are generally not willing or able to participate in discovery and, as a result, the state is obliged to furnish full information while prisoners furnish no information to the state. This is expensive and unnecessary, especially in litigation that is often without merit. 1997-02-10 Senate Journal Page 0270 SB 80 The bill adds a provision to allow continuing liens on prisoner accounts at correctional facilities. The state can execute a judgment for costs and attorneys fees against a prisoners account. Currently, whether the state is successful in collecting the judgment depends on whether the prisoner has money in the account at the time. Under a continuing lien, the state can recover the money whenever the prisoners account has money available. This will reduce costs of collection so valid judgments are more timely satisfied. Finally, the bill limits the time in which the court may allow a person to file a late appeal or request for discretionary review of the conviction or sentence to no more than 60 days after the originally specified time. Unreasonably late challenges to convictions and sentences undermine the administration of justice, resulting in litigation of stale claims with witnesses whose memories have faded. Victims, witnesses and the public should be able to depend on the finality of judgments once a defendant has had a reasonable opportunity to challenge a conviction and sentence. The 1995 law has already proven effective in reducing frivolous prisoner litigation. This bill will strengthen that effort. Sincerely, /s/ Tony Knowles Governor SB 81 SENATE BILL NO. 81 BY SENATOR KELLY BY REQUEST, entitled: An Act relating to immunization records for children under the age of seven. was read the first time and referred to the State Affairs and Health, Education and Social Services Committees. 1997-02-10 Senate Journal Page 0271 SB 82 SENATE BILL NO. 82 BY SENATOR TAYLOR, entitled: An Act relating to the sale or other disposal of certain state property; and providing for an effective date. was read the first time and referred to the Finance Committee. SB 83 SENATE BILL NO. 83 BY THE SENATE FINANCE COMMITTEE, entitled: An Act making an appropriation for management fees for the constitutional budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska); and providing for an effective date. was read the first time and referred to the Finance Committee. CONSIDERATION OF THE CALENDAR CITATIONS Honoring - University of Alaska Fairbanks Trio Programs Representative(s) Brice Senator(s) Wilken, Sharp, Miller, Green, Taylor, Kelly, Pearce, Duncan, Hoffman, Lincoln, Mackie, Parnell, Leman Honoring - The Unalaska Boys Basketball Team, Class 2A State Champions Senator(s) Hoffman, Green, Taylor, Kelly, Pearce, Duncan, Lincoln, Mackie, Parnell, Leman, Wilken, Adams Representative(s) Moses 1997-02-10 Senate Journal Page 0272 Honoring - The Sand Point Girls Basketball Team, Class 1A State Champions Senator(s) Hoffman, Green, Kelly, Taylor, Pearce, Duncan, Lincoln, Mackie, Parnell, Leman, Wilken, Adams Representative(s) Moses In Memoriam - Mary Nicholoff Senator(s) Lincoln, Adams, Hoffman, Leman, Green, Taylor, Kelly, Pearce, Duncan, Mackie Representative(s) Kubina 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 SB 76 Senator Wilken moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 76 An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions. Without objection, it was so ordered. ANNOUNCEMENTS SB 83 Senator Pearce, Cochair, moved and asked unanimous consent that the publication notice be waived on SENATE BILL NO. 83 An Act making an appropriation for management fees for the constitutional budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska); and providing for an effective date for the Finance Committee meeting on February 13 at 9:00 a.m. Without objection, it was so ordered. Announcements are at the end of the journal. 1997-02-10 Senate Journal Page 0273 ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 11, 1997. Without objection, the Senate adjourned at 11:11 a.m. Nancy Quinto Secretary of the Senate February 1997 1997-02-10 Senate Journal Page 0274 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 FEB 10 MONDAY 1:30 PM NO MEETING SCHEDULED FEB 12 WEDNESDAY 1:30 PM NO MEETING SCHEDULED FEB 14 FRIDAY 1:30 PM + REPORT OF THE LOCAL BOUNDARY COMMISSION FEB 19 WEDNESDAY 1:30 PM + SB 5EXCISE FEE ON PASSENGER SHIP TRAVELERS ---------------------------------------- FINANCE SENATE FINANCE 532 FEB 10 MONDAY 9:00 AM + SB 74APPROP: SUPPLEMENTAL/CAPITAL/SPECIAL FEB 11 TUESDAY 9:00 AM NO MEETING SCHEDULED FEB 12 WEDNESDAY 8:00 AM -- TIME CHANGE -- PRESENTATION BY AK PERM FUND CORPORATION 20 YEARS, 20 BILLION DOLLARS; POLICY FOR THE NEXT TWENTY YEARS SB 51APPROVE CENTRALIZED PUBLIC HEALTH LAB SB 35MANAGEMENT OF PARKS & RECREATIONAL AREAS <PENDING REFERRAL> 1997-02-10 Senate Journal Page 0275 FINANCE CONTINUED FEB 13 THURSDAY 9:00 AM OVERVIEW OF ADDITIONAL SUPPLEMENTAL APPROPRIATION REQUESTS BY OMB SB 83APPROP: CONST. BUDGET RESERVE MGMT FEES <PUBLICATION NOTICE WAIVED> FEB 14 FRIDAY 9:00 AM FINANCE SUBCOMMITTEE: WELFARE REFORM IMPLEMENTATION, FISCAL IMPACT SENATOR PHILLIPS, CHAIR FEB 21 FRIDAY 9:00 AM FINANCE SUBCOMMITTEE: WELFARE REFORM IMPLEMENTATION, FISCAL IMPACT SENATOR PHILLIPS, CHAIR ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 10 MONDAY 9:00 AM + SB 13INCREASE TOBACCO TAXES + SB 61INCREASE TOBACCO TAXES FEB 11 TUESDAY 3:00 PM (H) HESS ROOM 106 -- TIME AND LOCATION CHANGE -- JOINT HEARING WITH HOUSE HESS ALASKA CHILDRENS TRUST UPDATE FEB 12 WEDNESDAY 9:00 AM + SB 36PUBLIC SCHOOL FUNDING FEB 12 WEDNESDAY 3:00 PM SENATE FINANCE 532 -- TIME AND LOCATION CHANGE -- JOINT WITH HOUSE HESS COMMITTEE AK DISABILITY POLICY SUMMIT PROGRESS REPORT FEB 14 FRIDAY 9:00 AM SB 13INCREASE TOBACCO TAXES SB 61INCREASE TOBACCO TAXES ---------------------------------------- 1997-02-10 Senate Journal Page 0276 JUDICIARY BELTZ ROOM 211 FEB 10 MONDAY 1:30 PM NO MEETING SCHEDULED FEB 12 WEDNESDAY 1:30 PM SJR 10ELECTION OF ATTORNEY GENERAL + SB 24PARENTAL CONSENT BEFORE MINORS ABORTION BILLS PREVIOUSLY HEARD + SJR 3PRISONER RIGHTS LIMITED TO FEDERAL RIGHTS FEB 14 FRIDAY 1:30 PM SB 38ANATOMICAL GIFTS,LIVING WILLS & DNR ORDER ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 FEB 11 TUESDAY 1:30 PM + SB 75REGULATION OF ACCOUNTANTS + SB 49SERVICE OF PROCESS ON NONRES TAXPAYERS FEB 13 THURSDAY 1:30 PM + SB 73FOSTER CARE REVIEW BOARD + SB 65FOOD/SEAFOOD/ORGANIC FOOD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 FEB 10 MONDAY 3:30 PM SJR 9ENDORSING ANWR LEASING SJR 8PRIMARY MFG OF PUBLICLY OWNED TIMBER BILLS PREVIOUSLY SCHEDULED FEB 12 WEDNESDAY 3:30 PM -- MEETING CANCELLED -- SJR 13OPPOSE DEPT. OF INTERIOR RS 2477 POLICY SB 22BOARD OF GAME QUALIFICATIONS SB 16USE OF FISH & GAME FUND/COMMRS POWERS BILLS PREVIOUSLY SCHEDULED FEB 14 FRIDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- 1997-02-10 Senate Journal Page 0277 RULES FAHRENKAMP RM 203 FEB 11 TUESDAY 10:45 AM SB 1NO FRILLS PRISON ACT SB 10MOUNTAIN VIEW ROAD - GUSTAVUS SB 56BUSINESS SIGNS/OUTDOOR ADVERTISING SB 74APPROP: SUPPLEMENTAL/CAPITAL/SPECIAL ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 FEB 11 TUESDAY 3:30 PM OVERVIEW & REPORT: GOV, BOARDS & COMMISSIONS SB 68TASK FORCE ON PRIVATIZATION FEB 13 THURSDAY 3:30 PM SB 46NEW FERRY NAMED M.V. KENNICOTT SJR 14SUPPORT FEDERAL CONCEALED GUN LEGISLATION ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 FEB 11 TUESDAY 1:30 PM PRESENTATION BY DOT/PF COMMISSIONER PERKINS FEB 13 THURSDAY 1:30 PM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES ADMINISTRATION BELTZ ROOM 211 FEB 19 WEDNESDAY 8:00 AM OVERVIEW: ADMINISTRATION BUDGET ---------------------------------------- COMMUNITY AND REGIONAL AFFAIRS BELTZ ROOM 211 FEB 19 WEDNESDAY 3:30 PM OVERVIEW: DCRA BUDGET ---------------------------------------- 1997-02-10 Senate Journal Page 0278 CORRECTIONS HOUSE FINANCE 519 FEB 15 SATURDAY 1:00 PM JOINT WITH HOUSE FINANCE SUBCOMMITTEE OVERVIEW, ADMINISTRATION AND SUPPORT, INSTITUTIONS, COMMUNITY JAILS FEB 22 SATURDAY 12:00 PM JOINT WITH HOUSE FINANCE SUBCOMMITTEE ADMINISTRATION AND SUPPORT, INSTITUTIONS, COMMUNITY CORRECTIONS, COMMUNITY JAILS ---------------------------------------- MILITARY AND VETERANS AFFAIRS CAPITOL ROOM 124 FEB 11 TUESDAY 4:00 PM OVERVIEW: DMVA BUDGET JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT SENATE FINANCE 532 FEB 12 WEDNESDAY 8:00 AM JOINT H & S FINANCE COMMITTEE MEETING PRESENTATION FROM THE AK PERM FUND CORP FEB 26 WEDNESDAY 12:00 PM HOUSE FINANCE 519 RPLS, SPECIAL AUDIT REQUESTS, AND RELEASE OF AUDITS ---------------------------------------- SELECT CMTE ON LEGISLATIVE ETHICS BELTZ ROOM 211 FEB 11 TUESDAY 1:00 PM FULL COMMITTEE-OPEN AND EXECUTIVE SESSIONS OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH ROOM 205 FEB 11 TUESDAY 12:00 PM + CHILDRENS CAUCUS ---------------------------------------- 1997-02-10 Senate Journal Page 0279 MAJORITY CAUCUS BUTROVICH ROOM 205 FEB 10 MONDAY 11:10 AM MAJORITY CAUCUS