Legislature(1997 - 1998)
1997-04-15 Senate Journal
Full Journal pdf1997-04-15 Senate Journal Page 1141 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska Ninety-third Day Pursuant to adjournment the Senate was called to order by President pro tempore Kelly at 11:07 a.m. The roll showed seventeen members present. Senators Halford, Miller, Taylor were excused from a call of the Senate. The prayer was offered by the Chaplain, Associate Pastor Mary Ann Warden, Northern Light United Church. Senator Duncan moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord, help me to persist although I want to give up. Lord, help me to keep trying although I cant see what good it does. Lord, help me to keep praying although Im not sure You hear me. Lord, help me to keep living in ways that seek to please You. Lord, help me to know when to lead and when to follow. Lord, help me to know when to speak and when to remain silent. Lord, help me to know when to act and when to wait. Lord, replace my blindness with Your vision, my deafness with Your healing voice, my insensitivity with Your understanding, my sinfulness with Your love. In Christ. Amen. (from Guide My Feet by Marian Wright Edelman) Senator Ellis led the Senate in the Pledge of Allegiance. 1141 1997-04-15 Senate Journal Page 1142 CERTIFICATION Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the journal for the ninety-second legislative day be approved as certified by the Secretary. Without objection, it was so ordered. STANDING COMMITTEE REPORTS SB 98 The Community and Regional Affairs Committee considered SENATE BILL NO. 98 An Act relating to the conveyance of certain isolated tracts of state land to boroughs and unified municipalities; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 98(CRA), entitled: An Act relating to the conveyance of certain isolated tracts of state land to municipalities; and providing for an effective date. Signing no recommendation: Senator Mackie, Chair, Senators Hoffman, Phillips, Wilken. Signing amend: Senator Donley. Fiscal note for the bill and committee substitute published today from Department of Natural Resources. The bill was referred to the Resources Committee. SB 161 The Community and Regional Affairs Committee considered SENATE BILL NO. 161 An Act relating to management of certain municipal assets by the Alaska Permanent Fund Corporation. Signing do pass: Senator Mackie, Chair, Senators Donley, Wilken. Signing no recommendation: Senators Hoffman, Phillips. Fiscal note published today from Department of Revenue. The bill was referred to the Finance Committee. 1997-04-15 Senate Journal Page 1143 HB 9 The Judiciary Committee considered CS FOR HOUSE BILL NO. 9(FIN) am An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; 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 mental examinations of victims in criminal prosecutions; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating to access to certain records of the Violent Crimes Compensation Board; amending Rule 6, Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 9(JUD), entitled: An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; 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 access to certain records of the Violent Crimes Compensation Board; amending Rules 6 and 43(d), Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date. Signing do pass: Senator Taylor, Chair. Signing no recommendation: Senators Parnell, Ellis. Previous House zero fiscal note applies to the Senate Committee Substitute. The bill was referred to the Finance Committee. 1997-04-15 Senate Journal Page 1144 SB 3 The Rules Committee considered SENATE BILL NO. 3 An Act authorizing prosecution and trial in the district court of municipal curfew violations. Signing to calendar and do pass: Senator Kelly, Chair. Signing to calendar: Senators Leman, Torgerson. Signing no recommendation: Senator Duncan. The bill is on todays calendar. SB 150 The Rules Committee considered SENATE BILL NO. 150 An Act relating to moving expenses of state employees, to compensatory time for state employees, and to calculation of compensation for the public employees retirement system and recommended it be replaced with CS FOR SENATE BILL NO. 150(RLS) Signing to calendar and do pass: Senator Kelly, Chair. Signing to calendar: Senators Leman, Torgerson. Signing do not pass or calendar: Senator Duncan. Previous zero fiscal notes apply to the committee substitute. The bill is on todays calendar. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 3 SENATE BILL NO. 3 An Act authorizing prosecution and trial in the district court of municipal curfew violations was read the second time. 1997-04-15 Senate Journal Page 1145 SB 3 Senator Pearce, Vice Chair, moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 652. Without objection, CS FOR SENATE BILL NO. 3(JUD) An Act authorizing prosecution and trial in the district court of municipal curfew violations, and providing for punishment of minors upon conviction for violation of a curfew ordinance was adopted and read the second time. Senator Leman, Acting Majority Leader, 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. 3(JUD) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 3(JUD) An Act authorizing prosecution and trial in the district court of municipal curfew violations, and providing for punishment of minors upon conviction for violation of a curfew ordinance pass the Senate? The roll was taken with the following result: CSSB 3(JUD) Third Reading - Final Passage YEAS: 15 NAYS: 2 EXCUSED: 3 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Green, Hoffman, Kelly, Leman, Lincoln, Mackie, Parnell, Pearce, Sharp, Torgerson, Ward, Wilken Nays: Adams, Phillips Excused: Halford, Miller, Taylor and so, CS FOR SENATE BILL NO. 3(JUD) passed the Senate. Senator Duncan gave notice of reconsideration. 1997-04-15 Senate Journal Page 1146 SB 150 SENATE BILL NO. 150 An Act relating to moving expenses of state employees, to compensatory time for state employees, and to calculation of compensation for the public employees retirement system was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 1144. Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 150(RLS) was adopted and read the second time. Senator Duncan offered Amendment No. 1 : Page 2, line 19, following "may": Insert "shorten, in advance in writing, the time that a certified peace officer is required to stay in the new location to avoid the repayment obligation under this section and may" Page 2, following line 30: Insert a new subsection to read: "(d) In this section, "transfers voluntarily" means a transfer, either at the request of the employee or the employer, that the employee is free to decline without incurring adverse consequences regarding the employee's compensation, terms, conditions, or privileges of employment." Senator Duncan moved for the adoption of Amendment No. 1. Senator Pearce objected, then withdrew her objection. There being no further objections, Amendment No. 1 was adopted. Senator Duncan offered Amendment No. 2 : 1997-04-15 Senate Journal Page 1147 SB 150 Page 1, line 1: Delete "," Insert "and" Page 1, line 2: Delete ", and to calculation of compensation for the public employees retirement system" Page 3, lines 7 - 20: Delete all material. Senator Duncan moved for the adoption of Amendment No. 2. Senator Pearce objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSB 150(RLS) am Second Reading Amendment No. 2 YEAS: 8 NAYS: 9 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Mackie, Phillips Nays: Green, Kelly, Leman, Parnell, Pearce, Sharp, Torgerson, Ward, Wilken Excused: Halford, Miller, Taylor and so, Amendment No. 2 failed. President pro tempore Kelly stated that CS FOR SENATE BILL NO. 150(RLS) am will be read a third time on April 16. 1997-04-15 Senate Journal Page 1148 CITATIONS Honoring - Joe Tompkins, Bronze Medal Winner, Canadian National Disabled Championship Senator(s) Mackie, Duncan, Pearce, Adams, Wilken, Lincoln, Leman, Kelly, Taylor, Hoffman Representative(s) Kookesh Honoring - John Schandelmeier, Third Place Winner of the 1997 Yukon Quest Representative(s) Davies Senator(s) Pearce, Duncan, Adams, Wilken, Lincoln, Leman, Kelly, Taylor, Hoffman, Mackie Honoring - Malcolm Mac McGregor - Retirement Representative(s) Barnes Senator(s) Miller, R. Phillips, Pearce, Donley, Duncan, Adams, Lincoln, Leman, Ellis, Kelly, Taylor, Green, Halford, Hoffman, Mackie In Memoriam - Edwin Dewitt Representative(s) Williams Senator(s) Taylor, Pearce, Duncan, Lincoln, Leman, Kelly, Taylor, Green, Hoffman, Mackie In Memoriam - James Jim Norene Senator(s) Halford, Ward, Pearce, Donley, Duncan, Lincoln, Leman, Kelly, Taylor, Green, Hoffman, Mackie Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 1997-04-15 Senate Journal Page 1149 UNFINISHED BUSINESS HB 18 Senator Sharp, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on HOUSE BILL NO. 18 An Act extending to certain partnerships and corporations the 10 percent procurement preference currently given to certain sole proprietorships who are Alaska bidders and owned by persons with disabilities. Without objection, the bill was referred to the Rules Committee. HB 26 Senator Sharp, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on HOUSE BILL NO. 26 An Act relating to big game tags for wolves; and providing for an effective date. Without objection, the bill was referred to the Rules Committee. SB 161 Senator Wilken moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 161 An Act relating to management of certain municipal assets by the Alaska Permanent Fund Corporation. Without objection, it was so ordered. RECONSIDERATION OF SENATE BILLS SB 63 Senator Lincoln requested that the reconsideration on SENATE BILL NO. 63 An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors be taken up. SENATE BILL NO. 63 was before the Senate on reconsideration. 1997-04-15 Senate Journal Page 1150 SB 63 The question to be reconsidered: Shall SENATE BILL NO. 63 An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors pass the Senate? The roll was taken with the following result: SB 63 Third Reading - On Reconsideration YEAS: 14 NAYS: 3 EXCUSED: 3 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Green, Kelly, Leman, Mackie, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Hoffman, Lincoln Excused: Halford, Miller, Taylor and so, SENATE BILL NO. 63 passed the Senate on reconsideration and was referred to the Secretary for engrossment. SB 119 The reconsideration on CS FOR SENATE BILL NO. 119(L&C) An Act relating to fraternal benefit societies; and providing for an effective date was not taken up this legislative day and the bill was referred to the Secretary for engrossment. Senator Mackie moved and asked unanimous consent that he be excused from a call of the Senate from 9:00 a.m. on April 16 through 7:00 p.m. on April 17. Without objection, Senator Mackie was excused. ANNOUNCEMENTS Announcements are at the end of the journal. 1997-04-15 Senate Journal Page 1151 ENGROSSMENT SB 63 SENATE BILL NO. 63 An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 119 CS FOR SENATE BILL NO. 119(L&C) An Act relating to fraternal benefit societies; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. ADJOURNMENT Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 16, 1997. Without objection, the Senate adjourned at 11:53 a.m. Nancy Quinto Secretary of the Senate April 1997 1997-04-15 Senate Journal Page 1152 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 APR 16 WEDNESDAY 1:30 PM <BILLS PREVIOUSLY HEARD> APR 18 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 APR 15 TUESDAY 8:00 AM -- TIME CHANGE -- HB 86CITIES: PAYMENTS IN LIEU OF TAXES SB 105LEGISLATIVE ETHICS CODE REFORM <BILLS PREVIOUSLY HEARD/SCHEDULED> + SB 107APPROPRIATIONS: CAPITAL & FUNDS APR 16 WEDNESDAY 8:00 AM <BILLS PREVIOUSLY HEARD/SCHEDULED> SB 105LEGISLATIVE ETHICS CODE REFORM SB 55AMEND DEFINITION OF PROGRAM RECEIPTS SB 151PUBLIC EMPLOYMENT LABOR RELATIONS APR 16 WEDNESDAY 6:00 PM <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 17 THURSDAY 8:00 AM HB 91EXTEND BOARD OF PAROLE + HB 114HEALTH CARE DATA; BIRTH REGISTRATIONS <BILLS PREVIOUSLY HEARD/SCHEDULED> SB 161PERM. FUND CORP TO MANAGE MUNI ASSETS 1997-04-15 Senate Journal Page 1153 FINANCE (continued) APR 17 THURSDAY 5:00 PM <BILLS PREVIOUSLY HEARD/SCHEDULED> TO BE ANNOUNCED - SEE DAILY AGENDA APR 18 FRIDAY 9:00 AM + SB 141CONCEALED HANDGUN PERMITS SB 9CAP PROJ MATCHING GRANT FOR INDIAN RESERV + HB 112AMEND DEFINITION OF POLITICAL PARTY <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 19 SATURDAY 9:00 AM <BILLS PREVIOUSLY HEARD/SCHEDULED> TO BE ANNOUNCED - SEE DAILY AGENDA ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 16 WEDNESDAY 9:00 AM + SB 164AUTHORITY OF EMERGENCY MED TECHS + SB 122INS.COVERAGE:MARRIAGE & FAMILY THERAPIST + SB 132CRIMINAL JUSTICE INFO, INCL. SEX OFFENDER <BILLS HELD FROM PREVIOUS MEETINGS> APR 18 FRIDAY 9:00 AM CONFIRMATION HEARING: U OF A BOARD OF REGENTS SB 117INFANT CARE CURRICULUM IN PUBLIC SCHOOLS <BILLS HELD FROM PREVIOUS MEETINGS> ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 16 WEDNESDAY 1:30 PM NO MEETING SCHEDULED APR 18 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 APR 15 TUESDAY 1:30 PM + SB 169VOLUNTARY FLEX TIME FOR MINES + SB 152CERTIFIED NURSE AIDES + SB 110LICENSING OF LANDSCAPE ARCHITECTS + <BILLS PREVIOUSLY HELD OR SCHEDULED> 1997-04-15 Senate Journal Page 1154 LABOR & COMMERCE (continued) APR 17 THURSDAY 1:30 PM + HB 118REPORTING OF EMPLOYMENT ACCIDENTS + SJR 27WORKING FAMILIES FLEXIBILITY ACT + SB 159NEW BUSINESS INCENTIVE PROGRAM + HB 117ELEVATOR/BOILER/PRESSURE VESSEL STDS <BILLS PREVIOUSLY HEARD OR SCHEDULED> ---------------------------------------- RESOURCES BUTROVICH ROOM 205 APR 16 WEDNESDAY 3:30 PM HJR 34NPFMC PROPOSED REGS FOR HALIBUT FISHERY <PENDING REFERRAL> HJR 23SALE OF LTD ENTRY PERMITS BY IRS <BILLS PREVIOUSLY SCHEDULED> APR 18 FRIDAY 3:30 PM HB 23STATE LAND MANAGEMENT: ACCESS & RESTRICT HB 51DEPT OF ENV. CONSERV./WATER/PENALTIES <BILLS PREVIOUSLY SCHEDULED> ---------------------------------------- RULES FAHRENKAMP RM 203 APR 15 TUESDAY 0:00 AM -- RESCHEDULED TO 4/15/97 AT 8:00 AM -- HB 58CIVIL ACTIONS/ATTY FEES/ INSURANCE RULES SCS APR 15 TUESDAY 8:00 AM -- TIME CHANGE -- SB 150PUB. EMPLOYEES: MOVING, COMP TIME & PERS RULES CS (SB 150) HB 147STATE BOARDING SCHOOLS/CHARTER SCHOOLS TO CONSIDER RESCHEDULED BILL BELOW: HB 58CIVIL ACTIONS/ATTY FEES/ INSURANCE RULES SCS (MEETING TO CONTINUE AT 5:00 PM) APR 15 TUESDAY 5:00 PM + HB 58CIVIL ACTIONS/ATTY FEES/ INSURANCE RULES SCS (MEETING CONTINUED FROM 4/15/97 8:00 AM) ---------------------------------------- 1997-04-15 Senate Journal Page 1155 STATE AFFAIRS BELTZ ROOM 211 APR 15 TUESDAY 3:30 PM + B & C APPOINTMENTS HJR 16SUPPORT FEDERAL BALANCED BUDGET AMENDMENT <BILLS PREVIOUSLY SCHEDULED> SB 76STATE LONG-TERM PLANNING <REMOVED FROM AGENDA> SB 88BOARD OF PUBLIC ACCOUNTANCY SB 89BARBERS AND HAIRDRESSERS SB 90DENTISTS: LICENSING & EXTEND EXAMINING BD SB 91PHYSICAL THERAPY AND OCCUPATIONAL THERAPY SB 103HUMAN RIGHTS COMMISSION FEES & HEARINGS SCR 9ALASKA GARDEN WEEK SB 116WELFARE TO WORK TAX CREDITS APR 17 THURSDAY 3:30 PM + SB 25TELEPHONE VICTIM NOTIFICATION SYSTEM + SB 26APPROP: VICTIM NOTIFICATION SYSTEM SB 155NOTICE & PUBLICATION OF REGULATIONS <BILLS PREVIOUSLY SCHEDULED> ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 APR 15 TUESDAY 1:30 PM SJR 25SUPPORT ACCESS TO DENALI/ WONDER LAKE SB 153SPECIALIZED LICENSE PLATES FOR ARTS <BILLS PREVIOUSLY SCHEDULED> APR 17 THURSDAY 1:30 PM SB 157CHILDRENS TRUST LICENSE PLATES HJR 27FAA COMMUTER RULE OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH ROOM 205 APR 16 WEDNESDAY 12:00 PM CHILDRENS CAUCUS APR 23 WEDNESDAY 12:00 PM CHILDRENS CAUCUS APR 30 WEDNESDAY 12:00 PM CHILDRENS CAUCUS