Legislature(1997 - 1998)
1997-04-18 Senate Journal
Full Journal pdf1997-04-18 Senate Journal Page 1265 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska Ninety-sixth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:15 a.m. The roll showed nineteen members present. Senator Taylor was excused from a call of the Senate. 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. Remembering our grandmothers, let us pray: Quyanaaqhuti qairugut God. With thanks to You we come God. Ilivitch Kisivit Kamanaqtuti. You alone are great. Suna pigaluaqpan itqatigisigut. Come what may, be with us. Suannasiqsimaaluta uvlutuaqpan. Give us continuing strength for each day. Savautisukkiptigi pisuuti pilugu tusaasukkiptigi ilivitch kisivitch. We want to work for You, doing what You will, we want to hear only You. Sumukkaluaupta itqatigisigut. Wherever we go be with us. Baasi, Gunalcheesch, Quyaana, Quyanaq, Thank You, Shalom, Tavra, Amen. (Translation from Iupiat to English) Senator Halford 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-fifth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 1265 1997-04-18 Senate Journal Page 1266 RECONSIDERATION OF HOUSE BILLS HB 75 Senator Pearce requested that the reconsideration on 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 be taken up at this time. SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) am S was before the Senate on reconsideration. The question to be reconsidered: 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 - On Reconsideration YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Taylor and so, SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) am S passed the Senate on reconsideration. Senator Leman, Acting Majority Leader, 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. 1997-04-18 Senate Journal Page 1267 HB 75 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: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Taylor and so, the budget reserve fund section failed. Senator Pearce moved and asked unanimous consent that under Rule 43(b) of the Uniform Rules engrossment be waived. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) am S(brf fld S) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date was returned to the House with certified amendments. HB 51 Senator Lincoln moved and asked unanimous consent that 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 have an additional referral to the Resources Committee. Senator Halford rose to a point of order. Senator Lincoln moved and asked unanimous consent that she be allowed to withdraw her motion. Without objection, it was so ordered. Senator Lincoln moved to proceed to Unfinished Business. Senator Pearce objected, then withdrew her objection. There being no further objections, the Senate proceeded to: 1997-04-18 Senate Journal Page 1268 UNFINISHED BUSINESS HB 51 Senator Lincoln moved and asked unanimous consent that 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 have an additional referral to the Resources Committee. Senator Ward objected. The question being: Shall a Resources Committee referral be added to HB 51? The roll was taken with the following result: HB 51 Add Resources Committee Referral YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Taylor and so, the motion failed. RECONSIDERATION OF HOUSE BILLS HB 58 Senator Adams requested that the reconsideration on SENATE CS FOR CS FOR SPONSOR SUBSTITUTE 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 be taken up at this time. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE HOUSE BILL NO. 58(RLS) am S was before the Senate on reconsideration. 1997-04-18 Senate Journal Page 1269 HB 58 Senator Leman, Acting Majority Leader, moved that the bill be placed at the bottom of todays calendar. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Message dated April 18 was read stating: SB 56 The House of Representatives respectfully invites the Senate to a Joint Session of the Twentieth Alaska Legislature at 11:15 a.m. on Monday, April 21 for the purpose of discussing the Governors veto of SENATE BILL NO. 56 An Act relating to tourist oriented directional signs that are 90 inches in width and 18 inches in height, relating to penalties for violations related to outdoor advertising, and annulling a regulation of the Department of Transportation and Public Facilities. Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. Without objection, it was so ordered. The Secretary was requested to notify the House. Messages of April 17 and 18 were read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 14 CS FOR HOUSE JOINT RESOLUTION NO. 14(RLS) BY THE HOUSE RULES COMMITTEE, Relating to supporting the American Land Sovereignty Protection Act. was read the first time and referred to the Resources Committee. 1997-04-18 Senate Journal Page 1270 HJR 34 HOUSE JOINT RESOLUTION NO. 34 BY THE HOUSE SPECIAL COMMITTEE ON FISHERIES, Relating to proposed regulations of the North Pacific Fishery Management Council creating a new discriminatory halibut fishery in Alaska. was read the first time and referred to the Resources Committee. HB 208 CS FOR HOUSE BILL NO. 208(L&C) BY HOUSE LABOR AND COMMERCE COMMITTEE, entitled: An Act relating to the board of directors of the Alaska Aerospace Development Corporation. was read the first time and referred to the Finance Committee. MESSAGES FROM THE HOUSE SB 24 Message of April 17 regarding CS FOR SENATE BILL NO. 24(FIN) and HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) which had been returned to the House (page 1228) was read, stating the House rescinded its action in passing HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) and then adopted the following amendment: Page 2, lines 26 and 30: Delete "18" Insert "17" Page 3, lines 13 and 30: Delete "18" Insert "17" 1997-04-18 Senate Journal Page 1271 SB 24 Page 4, lines 10 and 18: Delete "18" Insert "17" Page 8, line 14: Delete "18" Insert "17" and so, HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) am H 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. is returned for consideration. Senator Leman, Acting Majority Leader, moved that the Senate concur in the House amendments. The question being: Shall the Senate concur in the House amendments to CS FOR SENATE BILL NO. 24(FIN)? The roll was taken with the following result: 1997-04-18 Senate Journal Page 1272 SB 24 HCS CSSB 24(FIN) am H Shall the Senate Concur in the House Amendments to CSSB 24(FIN)? Court Rules YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Mackie, Pearce Excused: Taylor and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) am H 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. Senator Leman, Acting Majority Leader, moved for the adoption of the Court Rule Changes. The question being: Shall the Senate adopt the Court Rule Changes? The roll was taken with the following result: 1997-04-18 Senate Journal Page 1273 SB 24 HCS CSSB 24(FIN) am H Adopt Court Rule change(s)? YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Taylor and so, the Court Rule Changes were adopted. The bill was referred to the Secretary for enrollment. The Secretary was requested to notify the House. COMMUNICATIONS The following reports are on file in the Office of the Secretary of the Senate: Preliminary Annual Report for the Calendar Year Ended December 31, 1996, Charitable Gaming Division, Department of Revenue from Dennis R. Poshard, Director of Charitable Gaming Report of the Monetary Terms of the Health Insurance Premium Agreement reached with Public Employees Local 71 from Mark Boyer, Commissioner, Department of Administration in accordance with AS 23.40.070 - 260 President Miller referred the Report of the Monetary Terms of the Health Insurance Premium to the Finance Committee. STANDING COMMITTEE REPORTS Report dated April 18 was read stating: 1997-04-18 Senate Journal Page 1274 The Senate Health, Education and Social Services Committee reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: University of Alaska Board of Regents Michael J. Burns - Anchorage Elsa Demeksa - Juneau Signing the report: Senator Wilken, Chair, Senators Leman, Ward, Ellis. SB 9 The Finance Committee considered SENATE BILL NO. 9 An Act relating to municipal capital project matching grants for a municipality organized under federal law as an Indian reserve; and providing for an effective date. Signing do pass: Senator Sharp, Cochair, Senators Phillips, Adams. Signing no recommendation: Senator Pearce, Cochair, Senators Parnell, Torgerson, Donley. Previous zero fiscal notes. The bill was referred to the Rules Committee. SB 117 The Health, Education and Social Services Committee considered SENATE BILL NO. 117 An Act relating to an infant care curriculum in the public school system. Signing do pass: Senator Wilken, Chair, Senators Ward, Green. Signing no recommendation: Senator Ellis. Zero fiscal note published today from Department of Education. The bill was referred to the Finance Committee. SB 164 The Health, Education and Social Services Committee considered SENATE BILL NO. 164 An Act relating to the authority of an emergency medical technician at the scene of an accident or emergency and recommended it be replaced with 1997-04-18 Senate Journal Page 1275 SB 164 CS FOR SENATE BILL NO. 164(HES) Signing do pass: Senator, Wilken, Chair, Senators Ward, Leman, Ellis. Zero fiscal note for the bill and committee substitute published today from Department of Health and Social Services. The bill was referred to the Rules Committee. SB 169 The Labor and Commerce Committee considered SENATE BILL NO. 169 An Act relating to an exemption from the requirement for payment for overtime under a voluntary work hour plan for work performed by employees at certain mines; and providing for an effective date. Signing do pass: Senator Leman, Chair, Senator Miller. Signing no recommendation: Senators Kelly, Hoffman. Zero fiscal note published today from Department of Labor. The bill was referred to the Rules Committee. HB 112 The Finance Committee considered CS FOR HOUSE BILL NO. 112(FIN) An Act amending the definition of political party except as the definition of the term applies to the regulation of contributions and expenditures in state and municipal election campaigns, an amendment that also has the effect of changing the definition of political organization as applied to the regulation of games of chance and contests of skill. Signing do pass: Senators Sharp, Pearce, Cochairs, Senators Phillips, Parnell, Torgerson, Donley. Signing do not pass and bad, bad, bad: Senator Adams. Previous zero and fiscal notes. The bill was referred to the Rules Committee. 1997-04-18 Senate Journal Page 1276 SCR 9 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 9 Declaring June 1 - 7, 1997, to be Alaska Garden Week. Signing to calendar and do pass: Senator Kelly, Chair. Signing to calendar: Senators Duncan, Leman, Torgerson. The resolution is on todays calendar. SB 55 The Rules Committee considered SENATE BILL NO. 55 An Act relating to the definition of certain state receipts; and providing for an effective date. Signing to calendar and do pass: Senator Kelly, Chair. Signing to calendar: Senators Duncan, Leman, Torgerson. Fiscal note for the Finance Committee Substitute (page 1160) published today from Office of the Governor. The bill is on todays calendar. SB 105 The Rules Committee considered SENATE BILL NO. 105 An Act relating to legislative ethics; relating to the filing of disclosures by certain legislative employees and officials; and providing for an effective date. 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 151 The Rules 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. Signing to calendar and do pass: Senator Kelly. Signing to calendar: Senators Leman, Torgerson. Signing do not pass: Senator Duncan. 1997-04-18 Senate Journal Page 1277 SB 151 Fiscal note for the Finance Committee Substitute (page 1237) published today from Department of Labor. The bill is on todays calendar. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 179 SENATE BILL NO. 179 BY THE SENATE FINANCE COMMITTEE, entitled: An Act authorizing the Department of Corrections, for the benefit of the state, to enter into an agreement to use space within a correctional facility in the Matanuska-Susitna Borough that is built, owned, and operated by a private contractor, and setting conditions on the operation of the correctional facility affected by the use agreement; and authorizing the Department of Corrections, for the benefit of the state, to enter into an agreement with the City of Seward to use space within a correctional facility that is built, owned, and operated by a private contractor, and setting conditions on the operation of the correctional facility affected by the use agreement. was read the first time and referred to the Finance Committee. SB 180 SENATE BILL NO. 180 BY SENATORS HALFORD, Green, Leman, Sharp, Torgerson, Wilken, entitled: An Act relating to state rights-of-way. was read the first time and referred to the Resources and Finance Committees. 1997-04-18 Senate Journal Page 1278 CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 55 SENATE BILL NO. 55 An Act relating to the definition of certain state receipts; and providing for an effective date was read the second time. Senator Sharp moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1160. Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 55(FIN) 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. 55(FIN) was read the third time. Senator Hoffman was excused from a call of the Senate from noon today. The question being: Shall CS FOR SENATE BILL NO. 55(FIN) An Act relating to the definition of certain state receipts; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 55(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Hoffman, Taylor 1997-04-18 Senate Journal Page 1279 SB 55 and so, CS FOR SENATE BILL NO. 55(FIN) passed the Senate. Senator Leman, Acting Majority Leader, 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 Pearce gave notice of reconsideration. RECESS Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in recess to 12:45 p.m. Without objection, the Senate recessed at 12:15 p.m. AFTER RECESS The Senate reconvened at 1:14 p.m. Senator Ellis was excused from a call of the Senate from noon today. SB 105 SENATE BILL NO. 105 An Act relating to legislative ethics; relating to the filing of disclosures by certain legislative employees and officials; and providing for an effective date was read the second time. Senator Duncan called the Senate. The call was satisfied. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1163. Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 105(FIN) An Act relating to legislative and executive branch ethics; relating to campaign finances for candidates for the legislature; relating to the conduct and regulation of lobbyists with respect to public officials; relating to the filing of disclosures by certain state employees and officials; making a conforming amendment to the definition of public official for employment security statutes; and providing for an effective date was adopted and read the second time. 1997-04-18 Senate Journal Page 1280 SB 105 Senator Phillips offered Amendment No. 1 : Page 6, line 11, through page 7, line 3: Delete all material and insert: "* Sec. 6. AS 24.45 is amended by adding a new section to read: Sec. 24.45.165. Spouses and cohabitants of legislators, legislative employees, and state officials. (a) A spouse of or a person cohabiting with a legislator, legislative employee, or a state official may not engage in lobbying the executive branch of state government or the legislature during the legislator's term of office or during the legislative employee's or state official's service as a legislative employee or state official. (b) In this section, (1) "engage in lobbying" means to act as a lobbyist; (2) "legislative employee" has the meaning given in AS 24.60.990; (3) "person cohabiting with" means a person who is cohabiting with another person in a conjugal relationship that is not a legal marriage; (4) "state official" has the meaning given in AS 39.52.960." Page 14, lines 4 - 13: Delete all material. Renumber the following bill sections accordingly. Page 48, lines 5 - 15: Delete all material. Reletter the following subsection accordingly. Page 58, line 8: Delete "secs. 87 - 92" Insert "secs. 86 - 91" 1997-04-18 Senate Journal Page 1281 SB 105 Page 58, line 23: Delete "and 111" Insert "and 110" Page 58, line 24: Delete "111, and 112" Insert "110, and 111" Page 58, line 26: Delete "4 - 110" Insert "4 - 109" Senator Phillips moved for the adoption of Amendment No. 1. Objections were heard. Senator Phillips moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. Senator Duncan offered Amendment No. 2 : Page 1, line 1: Delete "and executive branch" Page 1, line 4: Delete "state" Insert "legislative" Page 1, lines 4 - 5: Delete "making a conforming amendment to the definition of public official for employment security statutes;" Page 4, line 14, through page 6, line 6: Delete all material. Renumber the following bill sections accordingly. Page 33, line 6, through page 58, line 12: Delete all material. 1997-04-18 Senate Journal Page 1282 SB 105 Renumber the following bill sections accordingly. Page 58, line 23: Delete "111" Insert "59" Page 58, line 24: Delete "111, and 112" Insert "59, and 60" Page 58, line 26: Delete "110" Insert "58" Senator Duncan moved for the adoption of Amendment No. 2. Senator Halford objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSB 105(FIN) Second Reading Amendment No. 2 YEAS: 4 NAYS: 13 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Duncan, Lincoln, Mackie Nays: Donley, Green, Halford, Kelly, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Ellis, Hoffman, Taylor and so, Amendment No. 2 failed. Senator Duncan offered Amendment No. 3 : Page 1, lines 1 - 2: Delete "relating to campaign finances for candidates for the legislature" 1997-04-18 Senate Journal Page 1283 SB 105 Insert "relating to the disposition of unused campaign contributions by a candidate elected to the legislature; relating to campaign fund raising during a legislative session" Senator Duncan moved for the adoption of Amendment No. 3. Senator Pearce objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSSB 105(FIN) Second Reading Amendment No. 3 YEAS: 4 NAYS: 13 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Duncan, Kelly, Lincoln Nays: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Ellis, Hoffman, Taylor and so, Amendment No. 3 failed. Amendments No. 4 and 5 were not offered. Senator Phillips offered Amendment No. 6 : Page 6, line 11, through page 7, line 3: Delete all material and insert: "* Sec. 6. AS 24.45 is amended by adding a new section to read: Sec. 24.45.165. Spouses and cohabitants of legislators. (a) A spouse of or a person cohabiting with a legislator may not engage in lobbying the executive branch of state government or the legislature during the legislator's term of office. (b) In this section, 1997-04-18 Senate Journal Page 1284 SB 105 (1) "engage in lobbying" means to act as a lobbyist; (2) "person cohabiting with" means a person who is cohabiting with another person in a conjugal relationship that is not a legal marriage." Page 14, line 6: Delete "legislator or" Page 14, line 7: Delete "legislator's or" Page 14, lines 7 - 8: Delete "legislator or" Page 14, line 10: Delete "legislator or" Reletter the following subsection accordingly. Senator Phillips moved for the adoption of Amendment No. 6. Objections were heard. The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: CSSB 105(FIN) Second Reading Amendment No. 6 YEAS: 12 NAYS: 5 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Duncan, Green, Halford, Kelly, Leman, Lincoln, Mackie, Miller, Phillips, Ward, Wilken Nays: Donley, Parnell, Pearce, Sharp, Torgerson Excused: Ellis, Hoffman, Taylor and so, Amendment No. 6 was adopted. 1997-04-18 Senate Journal Page 1285 SB 105 Senator Phillips offered Amendment No. 7 : Page 6, line 11, through page 7, line 3: Delete all material and insert: "* Sec. 6. AS 24.45 is amended by adding a new section to read: Sec. 24.45.165. Spouses and cohabitants of state officials. (a) A spouse of or a person cohabiting with a state official may not engage in lobbying the executive branch of state government or the legislature during the state official's service as a state official. (b) In this section, (1) "engage in lobbying" means to act as a lobbyist; (2) "person cohabiting with" means a person who is cohabiting with another person in a conjugal relationship that is not a legal marriage; (3) "state official" has the meaning given in AS 39.52.960." Page 48, lines 5 - 15: Delete all material. Reletter the following subsection accordingly. Senator Phillips moved for the adoption of Amendment No. 7. Objections were heard. Senator Kelly moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senator Kelly was required to vote. The question being: Shall Amendment No. 7 be adopted? The roll was taken with the following result: 1997-04-18 Senate Journal Page 1286 SB 105 CSSB 105(FIN) am Second Reading Amendment No. 7 YEAS: 7 NAYS: 10 EXCUSED: 3 ABSENT: 0 Yeas: Donley, Halford, Leman, Miller, Phillips, Ward, Wilken Nays: Adams, Duncan, Green, Kelly, Lincoln, Mackie, Parnell, Pearce, Sharp, Torgerson Excused: Ellis, Hoffman, Taylor and so, Amendment No. 7 failed. Senator Mackie offered Amendment No. 8 : Pages 46 and 47, Delete from page 46, line 22 through page 47, line 3. Senator Mackie moved for the adoption of Amendment No. 8. Objections were heard. The question being: Shall Amendment No. 8 be adopted? The roll was taken with the following result: CSSB 105(FIN) am Second Reading Amendment No. 8 YEAS: 5 NAYS: 12 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Duncan, Leman, Lincoln, Mackie Nays: Donley, Green, Halford, Kelly, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Ellis, Hoffman, Taylor and so, Amendment No. 8 failed. 1997-04-18 Senate Journal Page 1287 SB 105 Senator Donley offered Amendment No. 9 : Page 1, line 2: Delete "for the legislature" Insert "for state office" Page 1, line 11: Delete "the state legislature" Insert "state office" Page 1, line 13, through page 2, line 2: Delete ", and the candidate or individual is a member of the legislature, or employed as a member of the legislator's staff or as a member of the staff of a legislative committee" Insert "ª, AND THE CANDIDATE OR INDIVIDUAL IS A MEMBER OF THE LEGISLATURE, OR EMPLOYED AS A MEMBER OF THE LEGISLATOR'S STAFF OR AS A MEMBER OF THE STAFF OF A LEGISLATIVE COMMITTEEß" Page 2, following line 2: Insert a new bill section to read: "* Sec. 2. AS 15.13.074(c) is amended to read: (c) A person or group may not make a contribution (1) to a candidate for governor or lieutenant governor or an individual who files with the commission the document necessary to permit that individual to incur certain election-related expenses as authorized by AS 15.13.100 for governor or lieutenant governor, when the office is to be filled at a general election, before the later of the following dates: (A) the date the individual (i) becomes a candidate; or (ii) files with the commission the document necessary to permit the individual to incur certain election-related expenses as authorized by AS 15.13.100; or (B) January 1 of the year of the general election; 1997-04-18 Senate Journal Page 1288 SB 105 (2) to a candidate for state office ªTHE STATE LEGISLATUREß or an individual who files with the commission the document necessary to permit that individual to incur certain election-related expenses as authorized by AS 15.13.100 for state office ªTHE STATE LEGISLATUREß, when the office is to be filled at a general election, while the legislature is convened in its regular legislative session and before the later of the following dates: (A) the date the individual (i) becomes a candidate; or (ii) files with the commission the document necessary to permit the individual to incur certain election-related expenses as authorized by AS 15.13.100; or (B) January 1 of the year of the general election; (3) to a candidate or an individual who files with the commission the document necessary to permit that individual to incur certain election-related expenses as authorized by AS 15.13.100 for an office that is to be filled at a special election or municipal election before the later of the following dates: (A) the date the individual (i) becomes a candidate; or (ii) files with the commission the document necessary to permit that individual to incur certain election-related expenses as authorized by AS 15.13.100; (B) is nine months before the date of the general or regular municipal election or that is before the date of the proclamation of the special election at which the candidate or individual seeks election to public office; or (4) to any candidate later than the 45th day (A) after the date of a primary election if the candidate (i) has been nominated at the primary election or is running as a write-in candidate; and 1997-04-18 Senate Journal Page 1289 SB 105 (ii) is not opposed at the general election; (B) after the date of the primary election if the candidate was not nominated at the primary election; or (C) after the date of the general election, or after the date of a municipal or municipal runoff election, if the candidate was opposed at the general, municipal, or municipal runoff election." Renumber the following bill sections accordingly. Page 4, following line 13: Insert a new bill section to read: "* Sec. 5. AS 15.13.400 is amended by adding a new paragraph to read: (12) "state office" includes the office of governor, lieutenant governor, member of the legislature, or similar state office." Renumber the following bill sections accordingly. Page 11, line 23: Delete "state legislative campaign" Insert "campaign for state office ªSTATE LEGISLATIVE CAMPAIGNß" Page 11, line 28: Delete "legislative" Insert "office ªLEGISLATIVEß" Page 11, line 29: Delete "state legislative campaign" Insert "campaign for state office ªSTATE LEGISLATIVE CAMPAIGNß" 1997-04-18 Senate Journal Page 1290 SB 105 Page 33, line 5: Delete "." Insert ";" Page 33, following line 5: Insert a new paragraph to read: "(18) "state office" includes the office of governor, lieutenant governor, member of the legislature, or similar state office." Page 58, line 8: Delete "87 - 92" Insert "89 - 94" Page 58, line 15: Delete "sec. 3" Insert "sec. 4" Page 58, line 23: Delete "2, 3, and 111" Insert "3, 4, and 113" Page 58, line 24: Delete "2, 3, 111, and 112" Insert "3, 4, 113, and 114" Page 58, line 26: Delete "Sections 1 and 4 - 110" Insert "Sections 1, 2, and 5 - 112" Senator Donley moved for the adoption of Amendment No. 9. Objections were heard. The question being: Shall Amendment No. 9 be adopted? The roll was taken with the following result: 1997-04-18 Senate Journal Page 1291 SB 105 CSSB 105(FIN) am Second Reading Amendment No. 9 YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Halford, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Ellis, Hoffman, Taylor and so, Amendment No. 9 was adopted. 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. Senator Mackie objected, then withdrew his objection. There being no further objections, it was so ordered. CS FOR SENATE BILL NO. 105(FIN) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 105(FIN) am An Act relating to legislative and executive branch ethics; relating to campaign finances for candidates for state office; relating to the conduct and regulation of lobbyists with respect to public officials; relating to the filing of disclosures by certain state employees and officials; making a conforming amendment to the definition of public official for employment security statutes; and providing for an effective date pass the Senate? The roll was taken with the following result: 1997-04-18 Senate Journal Page 1292 SB 105 CSSB 105(FIN) am Third Reading - Final Passage Effective Dates YEAS: 15 NAYS: 2 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Torgerson, Ward, Wilken Nays: Lincoln, Sharp Excused: Ellis, Hoffman, Taylor and so, CS FOR SENATE BILL NO. 105(FIN) am passed the Senate. Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered. Senator Lincoln gave notice of reconsideration. SB 151 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 was read the second time. Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the bill be held in second reading to the April 21 calendar. Without objection, it was so ordered. 1997-04-18 Senate Journal Page 1293 SECOND READING OF SENATE RESOLUTIONS SCR 9 SENATE CONCURRENT RESOLUTION NO. 9 Declaring June 1 - 7, 1997, to be Alaska Garden Week, was read the second time and was before the Senate on final passage. The question being: Shall SENATE CONCURRENT RESOLUTION NO. 9 Declaring June 1 - 7, 1997, to be Alaska Garden Week, pass the Senate? The roll was taken with the following result: SCR 9 Final Passage YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Halford, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Ellis, Hoffman, Taylor and so, SENATE CONCURRENT RESOLUTION NO. 9 passed the Senate and was referred to the Secretary for engrossment. SENATE RESOLUTIONS IN THIRD READING RECONSIDERATION OF SENATE RESOLUTIONS SJR 3 CS FOR SENATE JOINT RESOLUTION NO. 3(JUD) Proposing an amendment to the Constitution of the State of Alaska limiting the rights and protections of prisoners to those required under the Constitution of the United States, which had been held (page 1226) was before the Senate on reconsideration. Senator Kelly moved and asked unanimous consent that he be shown as a cosponsor on the resolution. Without objection, it was so ordered. 1997-04-18 Senate Journal Page 1294 SJR 3 The question to be reconsidered: Shall CS FOR SENATE JOINT RESOLUTION NO. 3(JUD) Proposing an amendment to the Constitution of the State of Alaska limiting the rights and protections of prisoners to those required under the Constitution of the United States, pass the Senate? The roll was taken with the following result: CSSJR 3(JUD) Third Reading - On Reconsideration YEAS: 14 NAYS: 3 EXCUSED: 3 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Lincoln Excused: Ellis, Hoffman, Taylor and so, CS FOR SENATE JOINT RESOLUTION NO. 3(JUD) passed the Senate on reconsideration and was referred to the Secretary for engrossment. CITATIONS Honoring - Robert Stalnaker Senator(s) Duncan, R. Phillips, Adams, Hoffman, Taylor, Kelly, Leman, Lincoln, Pearce Representative(s) Elton, Hudson Honoring - Nancy Postishek Senator(s) Green, Halford, Hoffman, Duncan, Taylor, Kelly, Leman, Lincoln, Pearce Honoring - Russian Jack Community Patrol Representative(s) Kemplen Senator(s) Adams, Donley, Hoffman, Duncan, Taylor, Kelly, Leman, Lincoln, Pearce, Ellis 1997-04-18 Senate Journal Page 1295 Honoring - Michael OCallaghan and Family Representative(s) Kemplen Senator(s) Adams, Hoffman, Duncan, Taylor, Kelly, Leman, Lincoln, Pearce, Ellis Honoring - Debra L. Call, BP/YWCA Woman of Achievement Representative(s) Dyson Senator(s) Halford, R. Phillips, Adams, Donley, Hoffman, Duncan, Taylor, Kelly, Green, Leman, Lincoln, Pearce Honoring - Corporal John T. Bradley, U.S. Army, Alaska Soldier of the Year and Pacific Soldier of the Year Representative(s) Mulder Senator(s) R. Phillips, Donley, Hoffman, Duncan, Wilken, Taylor, Kelly, Green, Leman, Lincoln, Pearce Honoring - Dr. Janette Y. Shackles Representative(s) Joule Senator(s) Adams, Hoffman, Duncan, Taylor, Kelly, Green, Leman, Lincoln, Pearce Honoring - Matthew Robus Representative(s) Hudson, Elton Senator(s) Duncan, Hoffman, Taylor, Kelly, Leman, Lincoln, Pearce In Memoriam - Randall Kacyon Representative(s) Ivan Senator(s) Hoffman, Duncan, Taylor, Kelly, Green, Leman, Lincoln, Pearce In Memoriam - Reverend Peter Andrews, Sr. Representative(s) Ivan Senator(s) Hoffman, Duncan, Taylor, Kelly, Green, Leman, Lincoln, Pearce, Adams In Memoriam - Fred Andrew Representative(s) Ivan Senator(s) Hoffman, Halford, Duncan, Taylor, Kelly, Green, Leman, Lincoln, Pearce, Adams 1997-04-18 Senate Journal Page 1296 In Memoriam - Lena Atkiq Ilutsik Representative(s) Ivan Senator(s) Hoffman, Halford, Duncan, Taylor, Kelly, Green, Leman, Lincoln, Pearce In Memoriam - Ernest Polley Representative(s) Hudson, Elton Senator(s) Duncan, Leman, Miller, Hoffman, Halford, Sharp, Wilken, Taylor, Kelly, Green, Leman, Lincoln, Pearce, Adams 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. RECONSIDERATION 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 which had been placed at the bottom of todays calendar (page 1269) was before the Senate on reconsideration. The Senate stood at ease at 2:47 p.m. The Senate reconvened at 3:34 p.m. 1997-04-18 Senate Journal Page 1297 RECONSIDERATION OF HOUSE BILLS CONTINUED HB 58 Senator Leman moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 17. Without objection, the bill was returned to second reading. Senator Leman offered Amendment No. 17 : Page 5, line 20: Delete "$500,000" Insert "$400,000" Page 5, line 21: Delete "$10,000" Insert "$8,000" Page 5, line 23: Delete "$1,500,000" Insert "$1,000,000" Page 5, lines 24 - 31: Delete all material. Insert "life expectancy in years multiplied by $25,000, whichever is greater, when the damages are awarded for severe permanent physical impairment or severe disfigurement." Page 7, lines 18 - 27: Delete all material and insert: "(g) Except as provided in (h) of this section, if the fact finder determines that the conduct proven under (b) of this section was motivated by financial gain and the adverse consequences of the conduct were actually known by the defendant or the person responsible for making policy decisions on behalf of the defendant, it may award an amount of punitive damages not to exceed the greatest of (1) four times the amount of compensatory damages awarded to the plaintiff in the action; (2) four times the aggregate amount of financial gain that the defendant received as a result of the 1997-04-18 Senate Journal Page 1298 HB 58 defendant's misconduct; or (3) the sum of $7,000,000." Page 8, line 1: Delete "$50,000" Insert "$200,000" Delete "15" Insert "100" Page 8, lines 2 - 3: Delete all material. Renumber the following paragraphs accordingly. Page 15, line 3: Delete "after" Insert "before" Page 23, line 29, through page 24, line 6: Delete all material. Renumber the following bill sections accordingly. Senator Leman moved for the adoption of Amendment No. 17. Senator Duncan objected. Senator Duncan moved to divide the question. President Miller ruled the question divisible. Without objection, Amendment No. 17 was divided as follows: Part A: Page 5, line 20: Delete "$500,000" Insert "$400,000" Page 5, line 21: Delete "$10,000" Insert "$8,000" 1997-04-18 Senate Journal Page 1299 HB 58 Page 5, line 23: Delete "$1,500,000" Insert "$1,000,000" Page 5, lines 24 - 31: Delete all material. Insert "life expectancy in years multiplied by $25,000, whichever is greater, when the damages are awarded for severe permanent physical impairment or severe disfigurement." Part B: Page 7, lines 18 - 27: Delete all material and insert: "(g) Except as provided in (h) of this section, if the fact finder determines that the conduct proven under (b) of this section was motivated by financial gain and the adverse consequences of the conduct were actually known by the defendant or the person responsible for making policy decisions on behalf of the defendant, it may award an amount of punitive damages not to exceed the greatest of (1) four times the amount of compensatory damages awarded to the plaintiff in the action; (2) four times the aggregate amount of financial gain that the defendant received as a result of the defendant's misconduct; or (3) the sum of $7,000,000." Page 8, line 1: Delete "$50,000" Insert "$200,000" Delete "15" Insert "100" Page 8, lines 2 - 3: Delete all material. Renumber the following paragraphs accordingly. 1997-04-18 Senate Journal Page 1300 HB 58 Page 15, line 3: Delete "after" Insert "before" Page 23, line 29, through page 24, line 6: Delete all material. Renumber the following bill sections accordingly. Senator Leman moved for the adoption of Amendment 17, Part A. Objections were heard. The question being: Shall Amendment No. 17, Part A be adopted? The roll was taken with the following result: SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 17, Part A YEAS: 13 NAYS: 4 EXCUSED: 3 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Lincoln, Pearce Excused: Ellis, Hoffman, Taylor and so, Amendment No. 17, Part A was adopted. Senator Leman moved for the adoption of Amendment No. 17, Part B. Senator Lincoln objected. Senator Lincoln moved to divide the question. President Miller ruled the question divisible. Without objection, the amendment was divided as follows: Part B: Page 7, lines 18 - 27: Delete all material and insert: 1997-04-18 Senate Journal Page 1301 HB 58 "(g) Except as provided in (h) of this section, if the fact finder determines that the conduct proven under (b) of this section was motivated by financial gain and the adverse consequences of the conduct were actually known by the defendant or the person responsible for making policy decisions on behalf of the defendant, it may award an amount of punitive damages not to exceed the greatest of (1) four times the amount of compensatory damages awarded to the plaintiff in the action; (2) four times the aggregate amount of financial gain that the defendant received as a result of the defendant's misconduct; or (3) the sum of $7,000,000." Part C: Page 8, line 1: Delete "$50,000" Insert "$200,000" Delete "15" Insert "100" Page 8, lines 2 - 3: Delete all material. Renumber the following paragraphs accordingly. Page 15, line 3: Delete "after" Insert "before" Page 23, line 29, through page 24, line 6: Delete all material. Renumber the following bill sections accordingly. Senator Leman moved for the adoption of Amendment No. 17, Part B. Without objection, Amendment No. 17, Part B was adopted. 1997-04-18 Senate Journal Page 1302 HB 58 Senator Leman moved for the adoption of Amendment 17, Part C. Objections were heard. The question being: Shall Amendment No. 17, Part C be adopted? The roll was taken with the following result: SCS CS SSHB 58(RLS) am S Second Reading Amendment No. 17, Part C YEAS: 9 NAYS: 8 EXCUSED: 3 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Mackie, Miller, Parnell, Sharp, Ward Nays: Adams, Duncan, Leman, Lincoln, Pearce, Phillips, Torgerson, Wilken Excused: Ellis, Hoffman, Taylor and so, Amendment No. 17, Part C was adopted. The bill was automatically in third reading. The question to be reconsidered: 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: 1997-04-18 Senate Journal Page 1303 HB 58 SCS CS SSHB 58(RLS) am S Third Reading - On Reconsideration YEAS: 14 NAYS: 3 EXCUSED: 3 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Lincoln Excused: Ellis, Hoffman, Taylor and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(RLS) am S passed the Senate on reconsideration. Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule Changes. Objections were heard. 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: 3 EXCUSED: 3 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Lincoln Excused: Ellis, Hoffman, Taylor and so, the Court Rule Changes were adopted. The bill was referred to the Secretary for engrossment. 1997-04-18 Senate Journal Page 1304 UNFINISHED BUSINESS SB 128 Senator Pearce moved and asked unanimous consent for the withdrawal of SENATE BILL NO. 128 An Act relating to the board of directors of the Alaska Aerospace Development Corporation. Without objection, it was so ordered. SB 152 President Miller added a Finance Committee referral to SENATE BILL NO. 152 An Act relating to certified nurse aides; and providing for an effective date. The bill was referred to the Health, Education and Social Services, then Finance Committees. Senator Wilken moved and asked unanimous consent that he be excused from a call of the Senate on April 21 until early plane time. Without objection, Senator Wilken was excused. Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate on April 28 and 29. Without objection, Senator Lincoln was excused. SB 150 The reconsideration on 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 was not taken up this legislative day and the bill was referred to the Secretary for engrossment. ANNOUNCEMENTS Announcements are at the end of the journal. 1997-04-18 Senate Journal Page 1305 ENGROSSMENT SCR 9 SENATE CONCURRENT RESOLUTION NO. 9 Declaring June 1 - 7, 1997, to be Alaska Garden Week, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SJR 3 CS FOR SENATE JOINT RESOLUTION NO. 3(JUD) Proposing an amendment to the Constitution of the State of Alaska limiting the rights and protections of prisoners to those required under the Constitution of the United States, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 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 was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 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 engrossed, signed by the President and Secretary and returned to the House for consideration. 1997-04-18 Senate Journal Page 1306 HB 75 Engrossment was waived on SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) am S(brf fld S) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date and the bill was returned to the House with certified amendments. ENROLLMENT SB 24 HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) am H 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 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 4:40 p.m., April 18, 1997. ADJOURNMENT Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 21, 1997. Without objection, the Senate adjourned at 4:08 p.m. Nancy Quinto Secretary of the Senate April 1997 1997-04-18 Senate Journal Page 1307 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 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> APR 19 SATURDAY 9:00 AM -- MEETING CANCELLED -- 1997-04-18 Senate Journal Page 1308 FINANCE (continued) 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> + HB 51DEPT OF ENV. CONSERV./WATER/PENALTIES 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 APR 25 FRIDAY 5:00 PM <BILLS PREVIOUSLY HEARD/SCHEDULED> 1997-04-18 Senate Journal Page 1309 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 ---------------------------------------- 1997-04-18 Senate Journal Page 1310 LABOR & COMMERCE FAHRENKAMP RM 203 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> + SJR 27WORKING FAMILIES FLEXIBILITY ACT + HB 117ELEVATOR/BOILER/PRESSURE VESSEL STDS + HB 118REPORTING OF EMPLOYMENT ACCIDENTS 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> ---------------------------------------- 1997-04-18 Senate Journal Page 1311 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 APR 21 MONDAY 10:45 AM SB 89BARBERS AND HAIRDRESSERS SB 91PHYSICAL THERAPY AND OCCUPATIONAL THERAPY SB 122INS.COVERAGE:MARRIAGE & FAMILY THERAPIST SB 161PERM. FUND CORP TO MANAGE MUNI ASSETS ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 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 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 1997-04-18 Senate Journal Page 1312 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 ---------------------------------------- JOINT SESSION HOUSE CHAMBER APR 21 MONDAY 11:15 AM SB 56BUSINESS SIGNS/OUTDOOR ADVERTISING ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM APR 18 FRIDAY 2:48 PM MAJORITY CAUCUS