Legislature(1997 - 1998)
1997-02-19 Senate Journal
Full Journal pdf1997-02-19 Senate Journal Page 0405 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska Thirty-eighth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:06 a.m. The roll showed eighteen members present. Senator Halford was excused from a call of the Senate. Senator Duncan was absent. The prayer was offered by the Chaplain, The Reverend Wilson Valentine. Senator Adams moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Before I offer my prepared invocation, I would like us to pause a moment. There was violence in the school in Bethel this morning that left one person dead and others injured. Offer this situation up to God that care will go to the people who mourn and grieve and were injured and for the life of the principal. O Sovereign of sky, sea and land, You have made us the stewards of Your creation. We offer You honor and respect for all the wonder which surrounds us. Enable us to work this day for the welfare of every man, woman and child so that we all have enough resources to sustain our lives; we can live together in this land with respect; we are able to care for one another in time of need; we may live our lives in peace without any fear. 405 1997-02-19 Senate Journal Page 0406 Encourage us to follow our decisions with action thus setting an example for others, then enrich our mortal bodies and minds at this days end with a renewing respite so that we may again offer with vigor our services to You and the people of this land whom we serve. Amen. Senator Hoffman led the Senate in the Pledge of Allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the thirty-seventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Duncan was noted. MESSAGES FROM THE HOUSE SB 74 Message of February 18 was read, stating the House passed CS FOR SENATE BILL NO. 74(FIN) with the following amendment: Page 1, line 9: Delete "The" Insert "Subject to the condition set out in (c) of this section, the" Page 1, lines 9 - 10: Delete "legislative operating budget" Insert "Legislative Council" Page 1, following line 13: Insert a new subsection to read: "(c) The appropriation made in (b) of this section may not be encumbered or expended until the encumbrance or expenditure has been approved by the Legislative Council in a meeting." 1997-02-19 Senate Journal Page 0407 SB 74 and so CS FOR SENATE BILL NO. 74(FIN) AM H 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 is returned for consideration. Senator Taylor moved that the Senate concur in the House amendment. Senator Lincoln objected. Senator Lincoln called the Senate. The call was satisfied. The question being: Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 74(FIN)? The roll was taken with the following result: CSSB 74(FIN) am H Shall the Senate concur in the House Amendment to CS FOR SENATE BILL NO. 74(FIN) YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Halford and so, the Senate concurred in the House amendment, thus adopting CS FOR SENATE BILL NO. 74(FIN) am H 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. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Senator Duncan objected. 1997-02-19 Senate Journal Page 0408 SB 74 The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CSSB 74(FIN) am H Effective Date Vote YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Halford and so, the effective date clause was adopted. Senator Lincoln moved and asked unanimous consent that the following Letter of Intent be adopted as a Senate Letter of Intent. Letter of Intent for CS for SENATE BILL NO. 74(FIN) am H It is the intent of the legislature that the monies to be expended in this appropriation bill be directed to the states efforts to obtain Supreme Court review of the Ninth Circuits decision in Venetie v. State of Alaska and, if granted review, to argue the case before the Supreme Court. No monies are to be spent on other activities. Senator Taylor objected. Senator Duncan rose to a point of order. President Miller cautioned members to proceed in order. 1997-02-19 Senate Journal Page 0409 SB 74 The question being: Shall the Senate Letter of Intent be adopted? The roll was taken with the following result: CSSB 74(FIN) am H Adopt Senate Letter of Intent? YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Leman, Lincoln, Mackie Nays: Donley, Green, Kelly, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Halford and so, the Letter of Intent failed to be adopted. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Message of February 18 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 20 CS FOR HOUSE BILL NO. 20(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to dog mushers contests. was read the first time and referred to the State Affairs and Finance Committees. 1997-02-19 Senate Journal Page 0410 STANDING COMMITTEE REPORTS SB 35 The Resources Committee considered 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 and recommended it be replaced with CS FOR SENATE BILL NO. 35(RES) An Act restricting the Board of Fisheries, the Board of Game, the Department of Fish and Game, and the Department of Natural Resources from enacting any regulation that prohibits or restricts traditional access; relating to the means of transportation used to provide access for the taking of game; 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; requiring legislative approval before park land may be closed or have access restricted; relating to Chilkat State Park. Signing do pass: Senator Halford, Chair, Senators Taylor, Torgerson, Leman, Green, Sharp. Signing no recommendation: Senator Lincoln. Zero fiscal notes for the committee substitute published today from Department of Fish and Game (2). Previous zero fiscal note (p. 146) from Department of Fish and Game applies to the committee substitute. 1997-02-19 Senate Journal Page 0411 SB 35 Fiscal notes forthcoming. The bill was referred to the Finance Committee. SB 82 Forthcoming Finance Committee Substitute for SENATE BILL NO. 82 (page 393) An Act relating to the sale or other disposal of certain state property; and providing for an effective date was received today. SB 84 The Health, Education and Social Services Committee considered SENATE BILL NO. 84 An Act relating to fiscal management of endowment assets of the University of Alaska; amending the definition of university receipts to include distribution from university endowments and the total return from the University of Alaskas endowment trust fund for land obtained under the Act of Congress of January 21, 1929, as amended, and transferring responsibility for management and investment of those assets; and making technical amendments to provisions relating to federal grants and appropriations from federal land grant college fund sources that must be paid to the state. Signing do pass: Senator Wilken, Chair, Senators Ward, Leman, Green. Signing no recommendation: Senator Ellis. Fiscal notes published today from Department of Revenue and University of Alaska. The bill was referred to the Finance Committee. HB 64 The State Affairs Committee considered HOUSE BILL NO. 64 An Act naming a new maritime vessel for the Alaska Marine Highway System; and providing for an effective date. Signing do pass: Senator Green, Chair, Senators Miller, Duncan, Ward, Mackie. Previous House zero fiscal note. The bill was referred to the Rules Committee. 1997-02-19 Senate Journal Page 0412 SB 39 The Rules Committee considered SENATE BILL NO. 39 An Act relating to hazardous chemicals, hazardous materials, and hazardous waste. Signing to calendar and do pass: Senator Kelly, Chair. Signing to calendar: Senators Torgerson, Taylor, Leman. Signing no recommendation: Senator Duncan. The bill is on todays calendar. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 3 SENATE CONCURRENT RESOLUTION NO. 3 BY SENATOR DONLEY, Urging the Attorney General of the State of Alaska to use every appropriate resource and due diligence to defend the states interests in the civil action filed against the state challenging the 1996 revisions of the Northstar unit leases, and respectfully requesting the Superior Court of the State of Alaska to give expeditious consideration to the matter. was read the first time and referred to the Resources Committee. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 96 SENATE BILL NO. 96 BY THE SENATE RULES COMMITTEE BY REQUEST, entitled: An Act regulating hospice care. was read the first time and referred to the Health, Education and Social Services and Finance Committees. 1997-02-19 Senate Journal Page 0413 SB 97 SENATE BILL NO. 97 BY SENATOR TORGERSON, entitled: An Act giving notice of and approving a lease- purchase agreement with the City of Seward for the construction and operation of an addition to the Spring Creek Correctional Center, and setting conditions and limitations on the facilitys construction and operation. was read the first time and referred to the Health, Education and Social Services and Finance Committees. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 39 SENATE BILL NO. 39 An Act relating to hazardous chemicals, hazardous materials, and hazardous waste was read the second time. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 248. Without objection, CS FOR SENATE BILL NO. 39(JUD) was adopted and read the second time. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 39(JUD) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 39(JUD) An Act relating to hazardous chemicals, hazardous materials, and hazardous waste pass the Senate? The roll was taken with the following result: 1997-02-19 Senate Journal Page 0414 SB 39 CSSB 39(JUD) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Halford and so, CS FOR SENATE BILL NO. 39(JUD) passed the Senate. Senator Taylor gave notice of reconsideration. CITATIONS Honoring - Doug and Edith Weathers, 1996 Vision Award, North Peninsula Chamber of Commerce Representative(s) Hodgins, G. Phillips, Davis Senator(s) Torgerson, Ward, Leman, Pearce, Green, Parnell, Duncan, Taylor, Kelly, Mackie, Hoffman, Lincoln Honoring - Echo Bay Representative(s) Hudson, Elton Senator(s) Duncan, Leman, Pearce, Adams, Green, Parnell, Taylor, Kelly, Mackie, Hoffman, Lincoln 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. 1997-02-19 Senate Journal Page 0415 UNFINISHED BUSINESS SB 26 Senator Donley moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 26 An Act making a special appropriation for an automated victim notification system; and providing for an effective date. Without objection, it was so ordered. SB 39 Senator Kelly moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 39 An Act relating to hazardous chemicals, hazardous materials, and hazardous waste. Without objection, it was so ordered. HB 7 Senator Wilken moved and asked unanimous consent that he be shown as a cross sponsor on CS FOR HOUSE BILL NO. 7(JUD) An Act authorizing establishment of community dispute resolution centers to foster the resolution of disputes between juvenile offenders and their victims, and providing immunity from civil suits for youth courts and for members of the boards of directors, employees, volunteers, and members of youth courts. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that Senator Halford be excused from the Senate, not subject to a call, from February 20 through plane time February 24. Without objection, Senator Halford was excused. ANNOUNCEMENTS Announcements are at the end of the journal. 1997-02-19 Senate Journal Page 0416 ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 20, 1997. Without objection, the Senate adjourned at 1:03 p.m. Nancy Quinto Secretary of the Senate February 1997 1997-02-19 Senate Journal Page 0417 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 19 WEDNESDAY 1:30 PM + SB 5EXCISE FEE ON PASSENGER SHIP TRAVELERS -- PREVIOUSLY SCHEDULED BILL -- HB 43MOTOR VEHICLE FEES & TAXES FEB 21 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 FEB 19 WEDNESDAY 9:00 AM + OVERVIEW: CRIMINAL JUSTICE SYSTEM JOINT WITH (S) JUDICIARY (H) FINANCE AND JUDICIARY INVITED FEB 20 THURSDAY 9:30 AM FINANCE SUBCOMMITTEE: MGT INFO SVCS/DP, OVERVIEW OF STATE SYSTEMS AND MGT POLICIES SENATOR PARNELL, CHAIR FEB 21 FRIDAY 9:00 AM + FINANCE SUBCOMMITTEE: WELFARE REFORM IMPLEMENTATION, FISCAL IMPACT SENATOR PHILLIPS, CHAIR ---------------------------------------- 1997-02-19 Senate Journal Page 0418 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 19 WEDNESDAY 9:00 AM + SB 84ASSETS OF THE UNIVERSITY OF ALASKA + SB 85PUBLIC SCHOOL FUNDING/CHILD CARE GRANTS FEB 21 FRIDAY 9:00 AM + SB 3MINORS CURFEW VIOL. HEARD IN DIST. CT. + SB 66CRIMES & CRIME VICTIMS -- PREVIOUSLY SCHEDULED BILLS -- + SB 70UNLAWFUL DISCHARGE OF A FIREARM ---------------------------------------- JUDICIARY BELTZ ROOM 211 FEB 19 WEDNESDAY 9:00 AM SENATE FINANCE 532 -- TIME & LOCATION CHANGE -- + JOINT WITH (S) FINANCE AND EXECUTIVE BRANCH AGENCIES, OVERVIEW OF CRIMINAL JUSTICE SYSTEM BY CRIMINAL JUSTICE WORKING GROUP FEB 19 WEDNESDAY 1:30 PM SB 19FISH & GAME COMNR NOT TO ENFORCE FED LAW BILLS PREVIOUSLY HEARD SB 24PARENTAL CONSENT BEFORE MINORS ABORTION + SJR 3PRISONER RIGHTS LIMITED TO FEDERAL RIGHTS <RESOLUTION HELD FROM 2/12> SJR 10ELECTION OF ATTORNEY GENERAL FEB 21 FRIDAY 1:30 PM + HB 91EXTEND BOARD OF PAROLE + SB 67TRUTH IN SENTENCING ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 FEB 20 THURSDAY 1:30 PM SB 65FOOD/SEAFOOD/ORGANIC FOOD HB 41IMPAIRMENT RATING GUIDES FOR WORKERS COMP ---------------------------------------- 1997-02-19 Senate Journal Page 0419 RESOURCES BUTROVICH ROOM 205 FEB 19 WEDNESDAY 3:30 PM HJR 12LEASES IN NATL PETROLEUM RESERVE SB 22BOARD OF GAME QUALIFICATIONS -- PREVIOUSLY SCHEDULED BILLS -- FEB 21 FRIDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP RM 203 FEB 20 THURSDAY 10:45 AM HB 64NEW FERRY NAMED M.V. KENNICOTT ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 FEB 20 THURSDAY 3:30 PM + SB 4LONGEVITY BONUS SABBAT:PFD ELIGIBILITY + HB 2PERMANENT FUND DIVIDEND ELIGIBILITY -- PREVIOUSLY SCHEDULED BILLS -- ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 FEB 20 THURSDAY 1:30 PM SB 42ALASKA RR BUDGET AND LAND FINANCE SUBCOMMITTEES ADMINISTRATION BELTZ ROOM 211 FEB 19 WEDNESDAY 8:00 AM OVERVIEW: ADMINISTRATION BUDGET ---------------------------------------- COMMERCE & ECONOMIC DEVELOPMENT SENATE FINANCE 532 FEB 19 WEDNESDAY 1:00 PM COMMISSIONERS OFFICE, APUC 1997-02-19 Senate Journal Page 0420 FINANCE SUBCOMMITTEES CONTINUED COMMERCE & ECONOMIC DEVELOPMENT FEB 24 MONDAY 1:00 PM ADMIN SERVICES, BANKING, SECURITIES & CORPORATIONS, INVESTMENTS FEB 26 WEDNESDAY 1:00 PM + OCCUPATIONAL LICENSING, INSURANCE ---------------------------------------- COMMUNITY AND REGIONAL AFFAIRS BELTZ ROOM 211 FEB 19 WEDNESDAY 3:30 PM + OVERVIEW: DCRA BUDGET ---------------------------------------- CORRECTIONS HOUSE FINANCE 519 FEB 22 SATURDAY 12:00 PM + JOINT WITH (H) FINANCE SUBCOMMITTEE ADMINISTRATION AND SUPPORT, INSTITUTIONS, COMMUNITY CORRECTIONS, COMMUNITY JAILS ---------------------------------------- EDUCATION FAHRENKAMP RM 203 FEB 20 THURSDAY 8:15 AM OVERVIEW: EXECUTIVE ADMINISTRATION BOARD OF EDUCATION, COMMISSIONERS OFFICE, ADMIN SERVICES, INFORMATION SERVICES FEB 21 FRIDAY 3:00 PM SENATE FINANCE 532 + K-12 SUPPORT, SCHOOL FOUNDATION FUNDING PROGRAM, ADDITIONAL DISTRICT SUPPORT, CIGARETTE TAX DIST, TUITION SCHOOLS, BOARDING HOME GRANTS, YOUTH IN DETENTION, SCHOOLS FOR HANDICAPPED, PUPIL TRANSPORT, CHILD NUTRITION, COMMUNITY SCHOOLS, SCHOOL DEBT REIMBURSEMENT, SCHOOL FINANCE ---------------------------------------- 1997-02-19 Senate Journal Page 0421 FINANCE SUBCOMMITTEES CONTINUED ENVIRONMENTAL CONSERVATION SENATE FINANCE 532 FEB 20 THURSDAY 1:30 PM COMMISSIONERS OFFICE, ADMIN SERVICES, AIR & WATER QUALITY FEB 25 TUESDAY 1:30 PM SPILL PREVENTION & RESPONSE, STATEWIDE PUBLIC SERVICE ---------------------------------------- FISH & GAME SENATE FINANCE 532 FEB 26 WEDNESDAY 8:00 AM FY 98 DEPT FISH & GAME BUDGET, ALL BRUS ---------------------------------------- LABOR SENATE FINANCE 532 FEB 20 THURSDAY 6:00 PM ********CANCELLED******** BUDGET OVERVIEW ---------------------------------------- LAW SENATE FINANCE 532 MAR 11 TUESDAY 3:30 PM FY 98 DEPT OF LAW BUDGET, ALL BRUS ---------------------------------------- MILITARY AND VETERANS AFFAIRS CAPITOL ROOM 17 MAR 06 THURSDAY 8:00 AM JOINT WITH (H) FINANCE SUBCOMMITTEE DEPT OF MILITARY & VETERANS AFFAIRS ---------------------------------------- NATURAL RESOURCES BUTROVICH ROOM 205 FEB 20 THURSDAY 8:00 AM GEOLOGICAL & GEOPHYSICAL SURVEYS, MINING & WATER 1997-02-19 Senate Journal Page 0422 FINANCE SUBCOMMITTEES CONTINUED NATURAL RESOURCES FEB 20 THURSDAY 9:30 AM SENATE FINANCE 532 MANAGEMENT INFORMATION SERVICES ---------------------------------------- PUBLIC SAFETY SENATE FINANCE 532 FEB 20 THURSDAY 3:30 PM JOINT WITH (H) FINANCE SUBCOMMITTEE BRUS: STATEWIDE SUPPORT, COMMISSIONERS OFFICE, TRAINING ACADEMY, ADMIN SERVICES, CIVIL AIR PATROL, LABORATORY SVCS, APSIN, AK CRIMINAL RECORDS & ID, VIOLENT CRIMES COMPENSATION BOARD, COUNCIL ON DOMESTIC VIOLENCE & SEXUAL ASSAULT ---------------------------------------- REVENUE SENATE FINANCE 532 MAR 13 THURSDAY 8:00 AM FY 98 DEPT OF REVENUE BUDGET, AHFC ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES BELTZ ROOM 211 FEB 20 THURSDAY 7:00 AM SOUTHEAST REGION RURAL AIRPORTS FEB 25 TUESDAY 7:00 AM CENTRAL REGION RURAL AIRPORTS INTERNATIONAL AIRPORTS - ANCHORAGE AND FAIRBANKS (OPERATIONS) FEB 26 WEDNESDAY 5:00 PM FAHRENKAMP ROOM 203 NORTHERN REGION RURAL AIRPORTS INTERNATIONAL AIRPORTS - INTERNATIONAL REVENUE FUND SYSTEM ---------------------------------------- 1997-02-19 Senate Journal Page 0423 FINANCE SUBCOMMITTEES CONTINUED UNIVERSITY OF ALASKA FAHRENKAMP RM 203 FEB 25 TUESDAY 3:30 PM OPERATING BUDGET JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 FEB 26 WEDNESDAY 12:00 PM RPLS, SPECIAL AUDIT REQUESTS, AND RELEASE OF AUDITS OTHER MEETINGS CHILDRENS CAUCUS FAHRENKAMP RM 203 FEB 27 THURSDAY 12:00 PM CHILDRENS CAUCUS ---------------------------------------- JOINT SESSION HOUSE CHAMBER FEB 25 TUESDAY 11:00 AM STATE OF JUDICIARY ADDRESS CHIEF JUSTICE ALLEN COMPTON