Legislature(1997 - 1998)
1997-04-17 Senate Journal
Full Journal pdf1997-04-17 Senate Journal Page 1235 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska Ninety-fifth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:07 a.m. The roll showed sixteen members present. Senators Mackie, Taylor were excused from a call of the Senate. Senators Parnell, Pearce were absent. The prayer was offered by the Chaplain, Associate Pastor Mary Ann Warden, Northern Light United Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord, I am running on empty and need You to fill me up so I can keep going. My weary spirit needs to lie fallow and wait for You to prepare its soil for planting again. My overtaxed mind is tired of racing to keep up with the speeding treadmill of purposeless politics going nowhere. I need to rest and withdraw, to think, and to resist the presumptuous temptation of thinking that it is I and not You who must build the national house of decency for our children. Lord, I thank You for this time of rest. Thank You God for the rain which grows the trees and makes the leaves green. Thank You God for Your spirit which grows the will and makes the soul strong. Thank You God for everything. Be with our families and friends who suffer loss and thank You for taking care of them in our absence. Bless this day of work in Christ. Amen. (with excerpts from Guide My Feet by Marian Wright Edelman) 1235 1997-04-17 Senate Journal Page 1236 Senator Green led the Senate in the Pledge of Allegiance. CERTIFICATION Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the journal for the ninety-fourth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Parnell was noted. STANDING COMMITTEE REPORTS SB 110 The Labor and Commerce Committee considered SENATE BILL NO. 110 An Act relating to licensure of landscape architects and recommended it be replaced with CS FOR SENATE BILL NO. 110(L&C), entitled: An Act relating to licensure of landscape architects; relating to exemptions from laws regulating the practice of architecture, engineering, and land surveying; and relating to fees collected by the Board of Registration for Architects, Engineers, and Land Surveyors. Signing no recommendation: Senator Leman, Chair. Signing do pass: Senators Kelly, Mackie. Fiscal note for the bill and the committee substitute published today from Department of Commerce and Economic Development. The bill was referred to the Finance Committee. 1997-04-17 Senate Journal Page 1237 SB 151 The Finance Committee considered SENATE BILL NO. 151 An Act relating to public employment labor relations; relating to the protection of the rights of public employees under the Public Employment Relations Act; establishing ethical standards for union representatives of public employees; and establishing disclosure requirements for public employee labor organizations and recommended it be replaced with CS FOR SENATE BILL NO. 151(FIN) Signing do pass: Senator Pearce, Cochair. Signing no recommendation: Senator Sharp, Cochair, Senators Phillips, Parnell, Torgerson. Signing do not pass: Senators Adams, Donley. Fiscal notes for the committee substitute published today from Department of Labor, Alaska Court System. Previous fiscal note applies to the committee substitute. The bill was referred to the Rules Committee. SB 161 The Finance Committee considered SENATE BILL NO. 161 An Act relating to management of certain municipal assets by the Alaska Permanent Fund Corporation and recommended it be replaced with CS FOR SENATE BILL NO. 161(FIN) Signing do pass: Senators Sharp, Pearce, Cochairs. Signing no recommendation: Senators Phillips, Parnell, Adams, Torgerson, Donley. Previous fiscal note applies to the committee substitute. The bill was referred to the Rules Committee. 1997-04-17 Senate Journal Page 1238 SB 162 The Labor and Commerce Committee considered SENATE BILL NO. 162 An Act relating to payment of minimum wages to tipped employees; and providing for an effective date. Signing do pass: Senator Leman, Chair. Signing no recommendation: Senators Kelly, Mackie. Zero fiscal note published today from Department of Labor. The bill was referred to the Rules Committee. HB 91 The Finance Committee considered HOUSE BILL NO. 91 An Act extending the termination date of the Board of Parole; and providing for an effective date. Signing do pass: Senators Sharp, Pearce, Cochairs, Senators Phillips, Parnell, Adams, Donley. Signing no recommendation: Senator Torgerson. Zero fiscal note published today from Department of Corrections. The bill was referred to the Rules Committee. HB 138 The Labor and Commerce Committee considered HOUSE BILL NO. 138 An Act relating to the Board of Storage Tank Assistance; and providing for an effective date. Signing do pass: Senator Leman, Chair. Signing no recommendation: Senators Kelly, Mackie. Previous House zero fiscal note. The bill was referred to the Rules Committee. 1997-04-17 Senate Journal Page 1239 INTRODUCTION AND REFERENCE OF SENATE BILLS SB 178 SENATE BILL NO. 178 BY THE SENATE FINANCE COMMITTEE BY REQUEST, entitled: An Act giving notice of and approving a lease- purchase agreement by the Department of Administration for an office building in Anchorage; relating to the financing of the lease-purchase agreement; and providing for an effective date. was read the first time and referred to the Finance Committee. CONSIDERATION OF THE CALENDAR SENATE BILLS IN THIRD READING SB 150 CS FOR SENATE BILL NO. 150(RLS) am 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 which had been held in third reading (page 1226) was before the Senate. Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the bill be placed at the bottom of todays calendar. Without objection, it was so ordered. THIRD READING OF HOUSE BILLS HB 58 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 26, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rules 1 and 4, District Court Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and amending Rule 511, Alaska Rules of Appellate Procedure was read the third time. 1997-04-17 Senate Journal Page 1240 HB 58 Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the bill be placed at the bottom of todays calendar. Without objection, it was so ordered. HB 75 SENATE CS FOR CS FOR HOUSE BILL NO. 75 am S was read the third time. Senator Miller called the Senate. The call was satisfied. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) am S An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 75(FIN) am S Third Reading - Final Passage YEAS: 13 NAYS: 5 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Mackie, Taylor and so, SENATE CS FOR CS FOR HOUSE BILL NO. 75 am S passed the Senate. Senator Leman, Acting Majority Leader, moved the effective date clause. 1997-04-17 Senate Journal Page 1241 HB 75 The question being: Shall the effective date clause be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Effective Date Vote YEAS: 13 NAYS: 5 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Mackie, Taylor and so, the effective date clause failed. Senator Leman, Acting Majority Leader, moved the budget reserve fund section. The question being: Shall the budget reserve fund section be adopted? The roll was taken with the following result: SCS CSHB 75(FIN) am S Budget Reserve Fund Section YEAS: 13 NAYS: 5 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Mackie, Taylor and so, the budget reserve fund section failed. Senator Kelly gave notice of reconsideration. HB 76 SENATE CS FOR CS FOR HOUSE BILL NO. 76 am S was read the third time. 1997-04-17 Senate Journal Page 1242 HB 76 The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 76(FIN) am S An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 76(FIN) am S Third Reading - Final Passage YEAS: 13 NAYS: 5 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Mackie, Taylor and so, SENATE CS FOR CS FOR HOUSE BILL NO. 76 am S passed the Senate. Senator Leman, Acting Majority Leader, moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: SCS CSHB 76(FIN) am S Effective Date Vote YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, the effective date clause was adopted, and the bill was referred to the Secretary for engrossment. President Miller lifted the call. 1997-04-17 Senate Journal Page 1243 Senator Ellis announced a minority caucus. Senator Leman, Acting Majority Leader, announced a majority caucus. RECESS Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in recess to 2:30 p.m. Without objection, the Senate recessed at 1:23 p.m. AFTER RECESS The Senate reconvened at 2:52 p.m. SENATE BILLS IN THIRD READING SB 150 CS FOR SENATE BILL NO. 150(RLS) am 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 which had been placed at the bottom of the calendar (page 1239) was before the Senate in third reading. President Miller called the Senate. The call was satisfied. Senator Duncan moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Without objection, the bill was returned to second reading. Senator Duncan offered Amendment No. 3 : Page 3, line 17, following "areas": Insert "and for seasonal employees of any employer" Senator Duncan moved for the adoption of Amendment No. 3. Senator Pearce objected. 1997-04-17 Senate Journal Page 1244 SB 150 The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSSB 150(RLS) am Second Reading Amendment No. 3 YEAS: 7 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Phillips Nays: Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 3 failed. CS FOR SENATE BILL NO. 150(RLS) am was automatically in third reading. Senator Duncan moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Without objection, the bill was returned to second reading. Senator Duncan offered Amendment No. 4 : Page 3, line 17, following ";": Insert a new subparagraph to read: "(C) includes, for employees not covered by (B) of this paragraph, overtime pay as permitted by this subparagraph; an employee's compensation may only be increased by the amount of overtime pay that does not exceed, when added to all other components of the employee's compensation for that calendar year, $81,648 for calendar year 1998 and, for subsequent years, the sum of $81,648 and the amount of increase, if any, established by regulation by the board; the increase shall be based on the Consumer Price Index for all urban consumers for Anchorage prepared by the United States Bureau of Labor Statistics;" 1997-04-17 Senate Journal Page 1245 SB 150 Reletter the following subparagraph accordingly. Page 3, line 21, following "(B)": Insert "or (C)" Senator Duncan moved for the adoption of Amendment No. 4. Senator Pearce objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSSB 150(RLS) am Second Reading Amendment No. 4 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln Nays: Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 4 failed. CS FOR SENATE BILL NO. 150(RLS) am was automatically in third reading. Senator Duncan moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 5. Without objection, the bill was returned to second reading. Senator Duncan offered Amendment No. 5 : 1997-04-17 Senate Journal Page 1246 SB 150 Page 2, line 22, following ".": Insert "In the case of state employees other than certified peace officers employed by the Department of Public Safety, the commissioner of the department, or the executive head of the agency if the employee is not employed in a department, may shorten the time that the employee is required to stay in the new location to avoid the repayment obligation under this section if the commissioner or head of the agency makes a written finding that shortening the required time is in the best interest of the department or agency." Senator Duncan moved for the adoption of Amendment No. 5. Senator Sharp objected. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: CSSB 150(RLS) am Second Reading Amendment No. 5 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln Nays: Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 5 failed. CS FOR SENATE BILL NO. 150(RLS) am was automatically in third reading. The question being: Shall CS FOR SENATE BILL NO. 150(RLS) am 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 pass the Senate? The roll was taken with the following result: 1997-04-17 Senate Journal Page 1247 SB 150 CSSB 150(RLS) am Third Reading - Final Passage YEAS: 11 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Sharp, Torgerson, Ward, Wilken Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Phillips Excused: Mackie, Taylor and so, CS FOR SENATE BILL NO. 150(RLS) am passed the Senate. Senator Duncan gave notice of reconsideration. HOUSE BILLS IN THIRD READING HB 58 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 26, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rules 1 and 4, District Court Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and amending Rule 511, Alaska Rules of Appellate Procedure which had been placed at the bottom of todays calendar (page 1240) was before the Senate in third reading. Senator Ellis moved that the Senate return to second reading for the purpose of rescinding its previous action in failing to adopt Part C of Amendment No. 7. Without objection, the bill was returned to second reading. Senator Ellis moved that the Senate rescind its previous action in failing to adopt Part C of Amendment No. 7. Without objection, it was so ordered. 1997-04-17 Senate Journal Page 1248 HB 58 Senator Ellis moved for the adoption of Part C of Amendment No. 7 (page 1177). Without objection, Part C of Amendment No. 7 was adopted. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Part D of Amendment No. 7. Without objection, the bill was returned to second reading. Senator Ellis moved for the adoption of Part D of Amendment No. 7 (page 1177). Without objection, Part D of Amendment No. 7 was adopted. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. Senator Kelly moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 10. Without objection, the bill was returned to second reading. Senator Kelly offered Amendment No. 10 : Page 26, line 17: Delete Court System Insert Judicial Council Senator Kelly moved for the adoption of Amendment No. 10. Without objection, Amendment No. 10 was adopted. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. 1997-04-17 Senate Journal Page 1249 HB 58 Senator Lincoln moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 11. Without objection, the bill was returned to second reading. Senator Lincoln offered Amendment No. 11 : Page 8, line J: Delete lines 14 to 17 and insert (J) if a person receives an award of punitive damages the court may require the following allocation be deposited into general fund of the State. (a) If recovery of punitive damages is less than One Million Dollars, zero percent to the Sate; (b) If recovery of punitive damages are over a Million Dollars, but less than Five Million Dollars, twenty percent to the State; (c) If recovery of punitive damages is over Five Million Dollars, but less than Five Million, twenty percent to the State; (d) If recovery of punitive damages is over Five Million, but less than Ten Million, thirty percent to the State; and (e) If recovery of punitive damages is over Ten Million, forty percent to the State. All amounts to the State. after payment of all costs and fees incurred in connection with securing the award. The schedule applies to the amount of punitive damages recovered by each individual litigant, not the aggregate of all amounts awarded to all litigants in a case Senator Lincoln moved for the adoption of Amendment No. 11. Senator Leman objected. The question being: Shall Amendment No. 11 be adopted? The roll was taken with the following result: 1997-04-17 Senate Journal Page 1250 HB 58 SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 11 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Wilken Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward Excused: Mackie, Taylor and so, Amendment No. 11 failed. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. Senator Lincoln moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 12. Without objection, the bill was returned to second reading. Senator Lincoln offered Amendment No. 12 : Section 10, page 7, line 23: Delete or, Insert , property or economic Page 7, line 26: Delete or, Insert , property or economic Senator Lincoln moved for the adoption of Amendment No. 12. Objections were heard. The question being: Shall Amendment No. 12 be adopted? The roll was taken with the following result: 1997-04-17 Senate Journal Page 1251 HB 58 SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 12 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln Nays: Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 12 failed. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. Senator Adams moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 13. Without objection, the bill was returned to second reading. Senator Adams offered Amendment No. 13 : Section 17, line 18 to 27 Delete Section 17 and renumber accordingly. Senator Adams moved for the adoption of Amendment No. 13. Senator Leman objected. The question being: Shall Amendment No. 13 be adopted? The roll was taken with the following result: 1997-04-17 Senate Journal Page 1252 HB 58 SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 13 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 13 failed. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. Senator Adams moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 14. Without objection, the bill was returned to second reading. Senator Adams offered Amendment No. 14 : Section 16, page 10 Delete Section 16 in its entirety and renumber accordingly. Senator Adams moved for the adoption of Amendment No. 14. Senator Leman objected. The question being: Shall Amendment No. 14 be adopted? The roll was taken with the following result: 1997-04-17 Senate Journal Page 1253 HB 58 SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 14 YEAS: 5 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 14 failed. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. Senator Duncan moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 15. Without objection, the bill was returned to second reading. Senator Duncan offered Amendment No. 15 : Section 44, pages 23, 24: Delete Section 44 in its entirety and renumber accordingly. Senator Duncan moved for the adoption of Amendment No. 15. Senator Pearce objected. The question being: Shall Amendment No. 15 be adopted? The roll was taken with the following result: 1997-04-17 Senate Journal Page 1254 HB 58 SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 15 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Parnell Nays: Donley, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 15 failed. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 16. Without objection, the bill was returned to second reading. Senator Ellis offered Amendment No. 16 : Section 9, page 5, line 24: Delete injured Page 5, line 24: Delete $30,000.00 Insert $75,000.00 or three times the total of special damages (defined as past and future medical and economic losses) Page 5, lines 25 - 31: Delete all material and insert damages are awarded for severe permanent physical impairment or severe disfigurement Senator Ellis moved for the adoption of Amendment No. 16. Senator Leman objected. 1997-04-17 Senate Journal Page 1255 HB 58 The question being: Shall Amendment No. 16 be adopted? The roll was taken with the following result: SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 16 YEAS: 6 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln Nays: Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Mackie, Taylor and so, Amendment No. 16 failed. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S was automatically in third reading. Senator Parnell moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senator Parnell was required to vote. Senator Green moved and asked unanimous consent that she be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senator Green was required to vote. Senator Donley moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senator Donley was required to vote. Senators Pearce, Sharp, Kelly, Miller moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. 1997-04-17 Senate Journal Page 1256 HB 58 The question being: Shall SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 26, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rules 1 and 4, District Court Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and amending Rule 511, Alaska Rules of Appellate Procedure pass the Senate? The roll was taken with the following result: SCS CS SSHB 58(RLS) am S Third Reading - Final Passage YEAS: 13 NAYS: 5 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Mackie, Taylor and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S passed the Senate. Senator Leman, Acting Majority Leader, moved for the adoption of the Court Rule changes. The question being: Shall the Court Rule changes be adopted? The roll was taken with the following result: SCS CS SSHB 58(RLS) am S Adopt Court Rule Changes YEAS: 14 NAYS: 4 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Green, Halford, Hoffman, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Lincoln Excused: Mackie, Taylor 1997-04-17 Senate Journal Page 1257 HB 58 and so, the Court Rule changes were adopted. Senator Kelly gave notice of reconsideration. UNFINISHED BUSINESS HB 51 Senator Halford, Chair, moved and asked unanimous consent that the Resources Committee referral be waived on CS FOR HOUSE BILL NO. 51(RLS) am An Act relating to the Department of Environmental Conservation; amending Rules 79 and 82, Alaska Rules of Civil Procedure; and providing for an effective date. Without objection, the bill was referred to the Finance Committee. Senator Hoffman moved and asked unanimous consent that he be excused from a call of the Senate from noon on April 18 through plane time on April 21. Without objection, Senator Hoffman was excused. Senator Ellis moved and asked unanimous consent that he be excused from a call of the Senate from noon on April 18 through evening plane time on April 21. Without objection, Senator Ellis was excused. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT HB 76 SENATE CS FOR CS FOR HOUSE BILL NO. 76(FIN) am S An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. 1997-04-17 Senate Journal Page 1258 ADJOURNMENT Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 18, 1997. Without objection, the Senate adjourned at 4:18 p.m. Nancy Quinto Secretary of the Senate April 1997 1997-04-17 Senate Journal Page 1259 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 18 FRIDAY 1:30 PM NO MEETING SCHEDULED APR 21 MONDAY 1:30 PM NO MEETING SCHEDULED APR 23 WEDNESDAY 1:30 PM NO MEETING SCHEDULED APR 25 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 APR 17 THURSDAY 9:30 AM -- TIME CHANGE -- SB 161PERM. FUND CORP TO MANAGE MUNI ASSETS HB 91EXTEND BOARD OF PAROLE <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 17 THURSDAY 5:00 PM -- MEETING CANCELLED -- <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 18 FRIDAY 9:00 AM SB 9CAP PROJ MATCHING GRANT FOR INDIAN RESERV + SB 141CONCEALED HANDGUN PERMITS + HB 112AMEND DEFINITION OF POLITICAL PARTY <BILLS PREVIOUSLY HEARD/SCHEDULED> 1997-04-17 Senate Journal Page 1260 FINANCE (continued) APR 19 SATURDAY 9:00 AM -- MEETING CANCELLED -- APR 21 MONDAY 9:00 AM HB 145TEACHING COMPETENCY EXAM FOR CERTIF SB 175AIDEA REVENUE BONDS FOR INTERTIES SB 104OMNIBUS INSURANCE REFORM SB 153SPECIALIZED LICENSE PLATES FOR ARTS SB 177INTL TRADE AND BUSINESS ENDOWMENT SB 178ANCHORAGE OFFICE BUILDING HB 51DEPT OF ENV. CONSERV./WATER/PENALTIES APR 21 MONDAY 6:00 PM <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 22 TUESDAY 9:00 AM SB 17CRIMINAL TRANSMISSION OF HIV SB 58MINOR CONSUMING ALCOHOL: PENALTY SB 149HEALTH CARE FACILITY AUDITS & REPORTS SB 96REGULATION OF HOSPICE CARE <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 22 TUESDAY 5:30 PM <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 23 WEDNESDAY 9:00 AM SB 16USE OF F&G FUND/COMMISSIONERS POWERS SB 21ALASKA MARINE HIGHWAY AUTHORITY HB 20DOG MUSHING CONTESTS HB 9VICTIMS RIGHT TO BE PRESENT AT TRIAL HB 114HEALTH CARE DATA; BIRTH REGISTRATIONS <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 23 WEDNESDAY 5:30 PM <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 24 THURSDAY 9:00 AM HB 13MARINE SAFETY TRAINING & EDUCATION HB 2PERMANENT FUND DIVIDEND ELIGIBILITY <BILLS PREVIOUSLY HEARD/SCHEDULED> APR 25 FRIDAY 9:00 AM <BILLS PREVIOUSLY HEARD/SCHEDULED> SB 107APPROPRIATIONS: CAPITAL & FUNDS 1997-04-17 Senate Journal Page 1261 FINANCE (continued) APR 25 FRIDAY 5:00 PM <BILLS PREVIOUSLY HEARD/SCHEDULED> ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 18 FRIDAY 9:00 AM CONFIRMATION HEARING: U OF A BOARD OF REGENTS + SB 117INFANT CARE CURRICULUM IN PUBLIC SCHOOLS + SB 164AUTHORITY OF EMERGENCY MED TECHS <BILLS HELD FROM PREVIOUS MEETINGS> APR 21 MONDAY 9:00 AM NO MEETING SCHEDULED APR 23 WEDNESDAY 9:00 AM + CONFIRMATION HEARING: BOARD OF DISPENSING OPTICIANS + SB 154CHILD SUPPORT & PATERNITY + SB 116WELFARE TO WORK TAX CREDITS <BILLS HELD FROM PREVIOUS MEETINGS> APR 25 FRIDAY 9:00 AM SB 152CERTIFIED NURSE AIDES SB 170REPAY GRADUATE EDUCATION AID <BILLS HELD FROM PREVIOUS MEETINGS> ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 18 FRIDAY 1:30 PM NO MEETING SCHEDULED APR 21 MONDAY 1:30 PM HB 119INCREASE SMALL CLAIMS JURISDICTION <BILLS HELD AND/OR PREVIOUSLY HEARD> APR 23 WEDNESDAY 1:30 PM HB 30CIVIL LIABILITY FOR SKATEBOARDING <BILLS HELD AND/OR PREVIOUSLY HEARD> APR 25 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- 1997-04-17 Senate Journal Page 1262 LABOR & COMMERCE FAHRENKAMP RM 203 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> MEETING WILL RECONVENE AT 4:30 PM APR 22 TUESDAY 1:30 PM + CONFIRMATION HEARINGS: BOARD OF NURSING BOARD OF VETERINARY EXAMINERS + SB 163CHEMICAL DEPENDENCY COUNSELORS <BILLS PREVIOUSLY HEARD/HELD IF NECESSARY> APR 24 THURSDAY 1:30 PM + HB 214WORKERS COMP:TEMP. ASSISTANCE/MED. CONDIT <BILLS PREVIOUSLY HEARD/HELD IF NECESSARY> ---------------------------------------- RESOURCES BUTROVICH ROOM 205 APR 18 FRIDAY 3:30 PM HB 23STATE LAND MANAGEMENT: ACCESS & RESTRICT HB 51DEPT OF ENV. CONSERV./WATER/PENALTIES <BILLS PREVIOUSLY SCHEDULED> APR 21 MONDAY 3:30 PM SCR 10SUPPORTING USE OF FURBEARER RESOURCE SB 40DISCRETE SALMON STOCK MGMT AND ASSESSMENT <BILLS PREVIOUSLY SCHEDULED> APR 23 WEDNESDAY 3:30 PM HB 23STATE LAND MANAGEMENT: ACCESS & RESTRICT HJR 23SALE OF LTD ENTRY PERMITS BY IRS HB 17DNR APPROVE PLATS IN UNORG.BOROUGH CONFIRMATION HEARING: CFEC APPOINTEES OIL AND GAS COMMISSION APPOINTEE <BILLS PREVIOUSLY SCHEDULED> APR 25 FRIDAY 3:30 PM HJR 22ALASKA/RUSSIA MARITIME BOUNDARY <BILLS PREVIOUSLY SCHEDULED> 1997-04-17 Senate Journal Page 1263 RULES FAHRENKAMP RM 203 APR 18 FRIDAY 10:45 AM SCR 9ALASKA GARDEN WEEK SB 55AMEND DEFINITION OF PROGRAM RECEIPTS SB 105LEGISLATIVE ETHICS CODE REFORM SB 151PUBLIC EMPLOYMENT LABOR RELATIONS ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 APR 17 THURSDAY 4:30 PM -MEETING CANCELLED RESCHEDULED TO 4/22/97- + SB 25TELEPHONE VICTIM NOTIFICATION SYSTEM + SB 26APPROP: VICTIM NOTIFICATION SYSTEM SB 155NOTICE & PUBLICATION OF REGULATIONS <BILLS PREVIOUSLY SCHEDULED> APR 22 TUESDAY 3:30 PM SB 92BOARD OF VETERINARY EXAMINERS; LICENSE + SJR 28FED AUDIT OF NATIVE REGIONAL CORPORATIONS + SB 118PERMANENT FUND CORP. INVESTMENTS <BILLS PREVIOUSLY SCHEDULED> APR 24 THURSDAY 3:30 PM + <BILLS PREVIOUSLY SCHEDULED> ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 APR 17 THURSDAY 1:30 PM -MEETING CANCELLED RESCHEDULED TO 4/24/97- + SB 157CHILDRENS TRUST LICENSE PLATES + HJR 27FAA COMMUTER RULE APR 22 TUESDAY 1:30 PM SB 156STUDDED TIRES HB 83COMMERCIAL VEHICLE INSPECTIONS APR 24 THURSDAY 1:30 PM + SB 157CHILDRENS TRUST LICENSE PLATES + HJR 27FAA COMMUTER RULE 1997-04-17 Senate Journal Page 1264 JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 75 AND 76 SENATE FINANCE 532 APR 21 MONDAY 3:30 PM HB 75APPROPRIATIONS: OPERATING BUDGET <PENDING REFERRAL> HB 76APPROPRIATION: MENTAL HEALTH PROGRAM <PENDING REFERRAL> -- PENDING COMMITTEE MEMBER APPOINTMENT -- OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH ROOM 205 APR 23 WEDNESDAY 12:00 PM CHILDRENS CAUCUS APR 30 WEDNESDAY 12:00 PM CHILDRENS CAUCUS ---------------------------------------- DEFERRED MAINTENANCE TASK FORCE HOUSE FINANCE 519 MAY 02 FRIDAY 12:00 PM DISCUSS PROCESS TO BE USED BY COMMITTEE PRESENTATIONS BY: COURT, DOE, DOT, UA REVIEW CURRENT LEGISLATION AFFECTING DEFERRED MAINTENANCE ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM 205 APR 17 THURSDAY 2:00 PM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 APR 17 THURSDAY 2:00 PM MINORITY CAUCUS