Legislature(1997 - 1998)
1997-03-14 Senate Journal
Full Journal pdf1997-03-14 Senate Journal Page 0737 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska Sixty-first Day Pursuant to adjournment the Senate was called to order by President Miller at 11:03 a.m. The roll showed sixteen members present. Senators Adams, Kelly, Torgerson were excused from a call of the Senate. Senator Hoffman was absent. The prayer was offered by the Chaplain, Pastor Leon Thompson of Chapel by the Lake Church. Senator Phillips led the Senate in the Pledge of Allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the sixtieth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. COMMUNICATIONS The following reports are on file in the Office of the Secretary of the Senate: Public Decisions, Select Committee on Legislative Ethics, First Session, 20th Alaska Legislature from Margie Mac Neille, Chair in accordance with AS 24.60.150 Child Care Programs, Fiscal Year 1996 Annual Report, from Mike Irwin, Commissioner, Department of Community and Regional Affairs 737 1997-03-14 Senate Journal Page 0738 STANDING COMMITTEE REPORTS Reports dated March 11 were read stating: The Senate Labor and Commerce Committee reviewed the following with regard to confirmation of the Governors appointments: Board of Registration for Architects, Engineers, and Land Surveyors Daphne E. Brown - Anchorage Board of Pharmacy Stanley Thompson - Anchorage Bonnie Stewart - Anchorage Signing the reports: Senator Leman, Chair, Senators Mackie, Miller, Hoffman. Report dated March 13 was read stating: The Senate Labor and Commerce Committee reviewed the following with regard to confirmation of the Governors appointment: Board of Chiropractic Examiners LeRoy (Lee) Nordstrom - Anchorage Signing the report: Senator Leman, Chair, Senators Mackie, Miller. SJR 18 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 18 Proposing amendments to the Constitution of the State of Alaska to guarantee the permanent fund dividend, to provide for inflation-proofing, and to require a vote of the people before spending undistributed income from the earnings reserve of the permanent fund; and relating to the permanent fund. Signing do pass: Senator Green, Chair, Senators Miller, Ward. Signing no recommendation: Senator Mackie. 1997-03-14 Senate Journal Page 0739 SJR 18 Fiscal note published today from Office of the Governor. Zero fiscal note published today from Department of Revenue. The resolution was referred to the Judiciary Committee. SB 3 Previous indeterminate fiscal note applies to the Judiciary Committee Substitute (page 652) for SENATE BILL NO. 3 An Act authorizing prosecution and trial in the district court of municipal curfew violations. SB 24 The Finance Committee considered SENATE BILL NO. 24 An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of abortion; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules and recommended it be replaced with CS FOR SENATE BILL NO. 24(FIN) Signing do pass: Senator Sharp, Cochair, Senators Phillips, Torgerson. Signing no recommendation: Senator Pearce, Cochair. Signing amend: Senator Parnell. Signing do not pass: Senator Adams. Fiscal note for the committee substitute published today from Alaska Court System. Previous fiscal note and zero fiscal notes apply to the committee substitute. The bill was referred to the Rules Committee. 1997-03-14 Senate Journal Page 0740 SB 41 Fiscal note for the Judiciary Committee Substitute (page 653) for SENATE BILL NO. 41 An Act relating to environmental audits and health and safety audits to determine compliance with certain laws, permits, and regulations published today from Department of Law. SB 119 The Labor and Commerce Committee considered SENATE BILL NO. 119 An Act relating to fraternal benefit societies; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 119(L&C) Signing do pass: Senator Leman, Chair, Senators Kelly, Miller. Signing no recommendation: Senators Mackie, Hoffman. Zero fiscal note for the bill and the committee substitute published today from Department of Commerce and Economic Development. The bill was referred to the Judiciary Committee. HB 45 The Rules Committee considered CS FOR HOUSE BILL NO. 45(HES) An Act relating to runaway and missing minors; and providing for an effective date. Signing to calendar and do pass: Senator Kelly, Chair. Signing to calendar: Senators Taylor, Leman. Signing no recommendation: Senator Duncan. The bill is on todays calendar. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 140 SENATE BILL NO. 140 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to credits against certain taxes for contributions for educational purposes; and providing for an effective date. 1997-03-14 Senate Journal Page 0741 SB 140 was read the first time and referred to the Health, Education and Social Services and Finance Committees. Fiscal note published today from Department of Revenue. Governors transmittal letter dated March 13: Dear President Miller: As part of my Alaska Business Investment Incentive Plan to expand the partnership between the state and the private sector, I am submitting this legislation to enhance the existing tax credit for contributions to Alaskas colleges and universities and to expand it to cover contributions to our public elementary and secondary schools. Education is vital to an expanding economy and to preparing Alaskans for good jobs. In todays climate of declining revenues and reduced budgets, it is vital we provide incentives to stimulate increased private contributions for our post-secondary institutions. This initiative will build on the program started several years ago which has generated millions of additional dollars from the private sector to higher education in Alaska. Under current law, taxpayers may claim a credit against several types of state taxes for contributions to eligible Alaska colleges or universities. The credit is capped at $150,000 a year based on $200,000 in contributions. This bill extends the cap on the tax credit by creating a new tier of creditable contributions. Under this new tier of contributions, a taxpayer may claim a credit of 50% of an additional $150,000 of eligible contributions. The bill would also establish a new program which provides a tax credit of 50% of contributions up to $100,000 to local school districts for educational support to our primary and secondary schools. 1997-03-14 Senate Journal Page 0742 SB 140 This is just one of several proposals I am putting forward where it makes good policy sense to provide incentives which stimulate even greater returns in terms of jobs and economic activity in Alaska. I hope you will give this bill your support. Sincerely, /s/ Tony Knowles Governor SB 141 SENATE BILL NO. 141 BY SENATOR GREEN, entitled: An Act relating to permits to carry concealed handguns; and relating to the possession of firearms. was read the first time and referred to the State Affairs and Finance Committees. CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 45 CS FOR HOUSE BILL NO. 45(HES) An Act relating to runaway and missing minors; and providing for an effective date was read the second time. Senator Duncan offered Amendment No. 1 : Page 1, line 14: Delete believe Insert suspect ªBELIEVEß Page 2, line 5: Delete believe Insert suspect ªBELIEVEß 1997-03-14 Senate Journal Page 0743 HB 45 Senator Duncan moved for the adoption of Amendment No. 1. Objections were heard. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 45(HES) Second Reading Amendment No. 1 YEAS: 4 NAYS: 12 EXCUSED: 3 ABSENT: 1 Yeas: Duncan, Ellis, Lincoln, Mackie Nays: Donley, Green, Halford, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Ward, Wilken Excused: Adams, Kelly, Torgerson Absent: Hoffman and so, Amendment No. 1 failed. Senator Taylor moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. Senators Halford, Taylor, Leman, Sharp, Pearce, Wilken, Mackie, Donley, Green, Phillips, Miller moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The presence of Senator Hoffman was noted. CS FOR HOUSE BILL NO. 45(HES) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 45(HES) An Act relating to runaway and missing minors; and providing for an effective date pass the Senate? The roll was taken with the following result: 1997-03-14 Senate Journal Page 0744 HB 45 CSHB 45(HES) Third Reading - Final Passage Effective Date YEAS: 14 NAYS: 3 EXCUSED: 3 ABSENT: 0 Yeas: Donley, Green, Halford, Hoffman, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Ward, Wilken Nays: Duncan, Ellis, Lincoln Excused: Adams, Kelly, Torgerson and so, CS FOR HOUSE BILL NO. 45(HES) passed the Senate. 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. Without objection, it was so ordered. Senator Duncan gave notice of reconsideration. CITATIONS Senator Taylor moved and asked unanimous consent that the notice and publication requirements be waived, and the citation honoring Martin Buser, Iditarod Race Champion, be taken up today. Without objection, it was so ordered. Honoring - Martin Buser, 1997 Iditarod Race Champion Senator(s) Green, Halford, R. Phillips, Kelly, Taylor, Pearce, Donley, Parnell, Lincoln, Ellis, Wilken, Leman, Duncan, Mackie Senator Taylor moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. 1997-03-14 Senate Journal Page 0745 UNFINISHED BUSINESS EO 93 In accordance with AS 24.08.210, action was not taken on the following Executive Order and it was returned to the Governor at 9:00 a.m. on March 14, 1997: EXECUTIVE ORDER NO. 98 (Transferring enforcement of size and weight standards for vehicles, inspection of scales and other measuring and weight devices used in trade and commerce and monitoring of commercial practices relating to the measuring of various products; and enforcement of air carrier financial responsibility requirements, and administration of commercial motor vehicle safety inspection programs and of the states commercial motor vehicle financial responsibility program to the Department of Transportation and Public Facilities) EO 99 In accordance with AS 24.08.210, action was not taken on the following Executive Order and it was returned to the Governor at 9:00 a.m. on March 14, 1997: EXECUTIVE ORDER NO. 99 (Transferring the responsibility for the administration of most of the statutes in AS 28, regarding motor vehicles, and other statutory functions relating to motor vehicles and other vehicles from the Department of Public Safety to the Department of Administration) President Miller made the following National Conference of State Legislatures committee assignments: Commerce & Communications Committee Senator Kelly Children, Families & Health Committee Senator Duncan 1997-03-14 Senate Journal Page 0746 Health Committee Senator Duncan Human Services Committee Senator Adams ANNOUNCEMENTS Announcements are at the end of the journal. ENROLLMENT SJR 12 SENATE JOINT RESOLUTION NO. 12 am Relating to reconstruction and paving of the Alaska Highway, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 2:55 p.m. on March 14. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 18, 1997. Without objection, the Senate adjourned at 12:09 p.m. Nancy Quinto Secretary of the Senate March 1997 1997-03-14 Senate Journal Page 0747 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 MAR 14 FRIDAY 1:30 PM NO MEETING SCHEDULED MAR 17 MONDAY 1:30 PM NO MEETING SCHEDULED MAR 19 WEDNESDAY 1:30 PM SB 98CONVEY LAND TO MUNICIPALITIES/BOROUGHS SB 139AID TO VOLUNTEER FIRE DEPARTMENTS <BILLS PREVIOUSLY HEARD> MAR 21 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 MAR 14 FRIDAY 9:00 AM + <BILLS PREVIOUSLY HEARD/SCHEDULED> TELECONFERENCE FROM 10 TO 11 AM SB 83APPROP: SUPPLEMENTAL SB 41ENVIRONMENTAL & HEALTH/SAFETY AUDITS SB 35MANAGEMENT OF PARKS & RECREATIONAL AREAS MAR 17 MONDAY 9:00 AM NO MEETING SCHEDULED 1997-03-14 Senate Journal Page 0748 FINANCE CONTINUED MAR 19 WEDNESDAY 9:00 AM SB 64SHUYAK ISLAND STATE PARK SB 107APPROPRIATIONS: CAPITAL & FUNDS MAR 20 THURSDAY 9:00 AM LABOR DISPUTE RESOLUTIONS PRESENTATION COMMISSIONER BOYER <BILLS PREVIOUSLY HEARD/SCHEDULED> SB 83APPROP: SUPPLEMENTAL MAR 21 FRIDAY 9:00 AM SB 136BUDGET AND APPROPRIATION BILLS SB 126STATE EMPLOYEES RIP AMENDMENTS SB 3MINORS CURFEW VIOL. HEARD IN DIST. CT. <BILLS PREVIOUSLY HEARD/SCHEDULED> SB 68TASK FORCE ON PRIVATIZATION MAR 22 SATURDAY 10:00 AM -- TIME AND DAY CHANGE -- <BILLS PREVIOUSLY HEARD/SCHEDULED> ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 14 FRIDAY 9:00 AM + SB 36PUBLIC SCHOOL FUNDING + SB 85PUBLIC SCHOOL FUNDING/CHILD CARE GRANTS <BILLS HELD FROM PREVIOUS MEETINGS> MAR 17 MONDAY 9:00 AM + SB 36PUBLIC SCHOOL FUNDING + SB 85PUBLIC SCHOOL FUNDING/CHILD CARE GRANTS + PUBLIC SCHOOL FUNDING <PENDING INTRODUCTION AND REFERRAL> + SJR 23REFLECT AK. COLA IN FED MEDICAID SHARE MAR 19 WEDNESDAY 9:00 AM + SB 36PUBLIC SCHOOL FUNDING + SB 85PUBLIC SCHOOL FUNDING/CHILD CARE GRANTS + PUBLIC SCHOOL FUNDING <PENDING INTRODUCTION AND REFERRAL> + SCR 6ALASKA TELEMEDICINE PROJECT + SB 48APPROPRIATION: MENTAL HEALTH PROGRAM + SB 97LEASE-PURCHASE SPRING CREEK CORRECTIONAL 1997-03-14 Senate Journal Page 0749 HEALTH, EDUCATION & SOCIAL SERVICES CONTINUED MAR 19 WEDNESDAY 3:30 PM SENATE FINANCE 532 -- TIME AND LOCATION CHANGE -- JOINT HEARING WITH (H) HESS + PRESENTATION BY BUILDING BRIDGES MAR 20 THURSDAY 3:00 PM H HESS COMM RM 106 -- TIME AND LOCATION CHANGE -- JOINT HEARING WITH (H) HESS PRESENTATION BY ALAN NOVEMBER ON EDUCATION TECHNOLOGY MAR 21 FRIDAY 9:00 AM SB 96REGULATION OF HOSPICE CARE SB 58MINOR CONSUMING ALCOHOL: PENALTY SB 11SCHOOL DEBT REIMBURSEMENT <BILLS HELD FROM PREVIOUS MEETINGS> ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAR 14 FRIDAY 1:30 PM + CONFIRMATION HEARINGS: BOARD OF GOVERNORS OF THE ALASKA BAR JUDICIAL CONDUCT COMMISSION ALASKA WORKERS COMPENSATION BOARD VIOLENT CRIMES COMPENSATION BOARD <BILLS HELD AND/OR PREVIOUSLY HEARD> MAR 17 MONDAY 1:30 PM NO MEETING SCHEDULED MAR 19 WEDNESDAY 1:30 PM HB 69ROHYPNOL AS SCHEDULE IV-A DRUG SB 113PERS FOR COURT SYSTEM ADMIN DIRECTOR SB 114EMPLOYEES: POLITICAL CONTRIB & ACTIVITIES <BILLS HELD AND/OR PREVIOUSLY HEARD> 1997-03-14 Senate Journal Page 0750 JUDICIARY CONTINUED MAR 21 FRIDAY 3:30 PM ANCHORAGE LIO -- TIME AND LOCATION CHANGE -- ANCHORAGE LIO, 716 W 4TH AVE, ANCHORAGE + SJR 19SPECIAL OLYMPICS WORLD WINTER GAMES + SB 49SERVICE OF PROCESS ON NONRES TAXPAYERS + CONFIRMATION HEARING-JUDICIAL CONDUCT COMM <BILLS HELD AND/OR PREVIOUSLY HEARD> ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAR 18 TUESDAY 1:30 PM + SB 115DISCLOSURE OF SALMON PRICES + CONFIRMATION HEARING-BRD OF DENTAL EXAMINERS + SB 90DENTISTS: LICENSING & EXTEND EXAMINING BD + CONFIRMATION HEARING-STATE PHYSICAL THERAPY AND OCCUPATIONAL THERAPY BOARD + SB 91PHYSICAL THERAPY AND OCCUPATIONAL THERAPY MAR 20 THURSDAY 1:30 PM + CONFIRMATION HEARING-BOARD OF BARBERS AND HAIRDRESSERS + SB 89BARBERS AND HAIRDRESSERS + SB 137EXEMPT VOL. EMT/FIRE FGTR WAGE & HOUR LAW SB 92BOARD OF VETERINARY EXAMINERS; LICENSE <BILL PREVIOUSLY HEARD FROM 3/13/97> ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAR 14 FRIDAY 3:30 PM MEETING CANCELLED - FOLLOWING BILL HELD SB 16USE OF F&G FUND/COMMISSIONERS POWERS MAR 19 WEDNESDAY 3:30 PM HB 46MINING CLAIMS ON PUBLIC LANDS MAR 21 FRIDAY 3:30 PM SB 108STATE LAND LOTTERY PROGRAM <PREVIOUSLY SCHEDULED BILLS> ---------------------------------------- 1997-03-14 Senate Journal Page 0751 STATE AFFAIRS BELTZ ROOM 211 MAR 18 TUESDAY 3:30 PM SCR 7THIRTY-FIRST ANNUAL BOYS STATE SCR 8TWENTY-NINTH ANNUAL GIRLS STATE HCR 8DEFERRED MAINTENANCE TASK FORCE SJR 22ALASKA MILITARY BASES SB 87ARCHITECTS, ENGINEERS & SURVEYORS SB 21ALASKA MARINE HIGHWAY AUTHORITY <BILLS PREVIOUSLY HEARD> MAR 20 THURSDAY 3:30 PM SB 42ALASKA RR BUDGET AND LAND SB 141CONCEALED HANDGUN PERMITS <PENDING REFERRAL> <BILLS PREVIOUSLY HEARD> ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAR 18 TUESDAY 1:30 PM + SB 27FERRY SYSTEM HEADQUARTERS IN KETCHIKAN <BILL PREVIOUSLY HEARD> + SB 34DOT MAINTENANCE FACILITY AT SOLDOTNA MAR 20 THURSDAY 1:30 PM SB 125AIRPORT DUTY-FREE CONCESSIONS FINANCE SUBCOMMITTEES CORRECTIONS SENATE FINANCE 532 MAR 21 FRIDAY 1:00 PM -- LOCATION CHANGE -- + JOINT WITH (H) SUBCOMMITTEE ALASKA NATIVE COMMISSION REPORT ---------------------------------------- HEALTH & SOCIAL SERVICES SENATE FINANCE 532 MAR 14 FRIDAY 7:30 AM JOINT WITH HOUSE BUDGET SUBCOMMITTEE MENTAL HEALTH TRUST AUTHORITY: COMPREHENSIVE MENTAL HEALTH PROGRAM ---------------------------------------- 1997-03-14 Senate Journal Page 0752 FINANCE SUBCOMMITTEES CONTINUED LABOR HOUSE FINANCE 519 MAR 14 FRIDAY 8:00 AM JOINT WITH (H) FINANCE SUBCOMMITTEE FY 98 OPERATING BUDGET ---------------------------------------- NATURAL RESOURCES BUTROVICH ROOM 205 MAR 18 TUESDAY 8:00 AM CANCELLED MAR 20 THURSDAY 8:00 AM CANCELLED MAR 25 TUESDAY 8:00 AM DEPARTMENT OF NATURAL RESOURCES CLOSEOUT MAR 27 THURSDAY 8:00 AM DEPARTMENT OF NATURAL RESOURCES CLOSEOUT ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES SENATE FINANCE 532 MAR 18 TUESDAY 9:00 AM PRIVATIZATION OF RAILROADS PRESENTATION MAR 19 WEDNESDAY 5:00 PM BUDGET CLOSEOUT JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW CAPITOL ROOM 102 MAR 19 WEDNESDAY 5:00 PM ---------------------------------------- 1997-03-14 Senate Journal Page 0753 JOINT COMMITTEES CONTINUED SELECT CMTE ON LEGISLATIVE ETHICS ANCH ETHICS OFFICE MAR 18 TUESDAY 2:00 PM + LEGAL SERVICES RFP SUBCOMMITTEE DIRECT DIAL FROM ANCHORAGE ETHICS OFFICE TO REP BUNDE IN JUNEAU MAR 21 FRIDAY 10:00 AM BELTZ ROOM 211 FULL COMMITTEE TELECONFERENCE: LEGAL CONTRACT; UPDATE ON HB 160/SB 105; ADVISORY OPINION VOTING-DRAFT PROCEDURE; OPEN MEETINGS UPDATE; ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH ROOM 205 MAR 14 FRIDAY 12:10 PM OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH ROOM 205 MAR 19 WEDNESDAY 12:00 PM + CHILDRENS CAUCUS MAR 26 WEDNESDAY 12:00 PM ALASKA BAPTIST FAMILY SERVICES