Legislature(1997 - 1998)
1997-04-30 Senate Journal
Full Journal pdf1997-04-30 Senate Journal Page 1563 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Eighth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:14 a.m. The roll showed sixteen members present. Senator Kelly was excused from a call of the Senate. Senators Mackie, Parnell, Pearce were absent. The prayer was offered by the Chaplain, The Reverend A. Gordon Johnson of the Resurrection Lutheran Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Hear us, O Lord, as we pray another day; as our voices echo our passion, may our hearts beat with compassion for all our people. Grant us a good measure of Your wisdom as we make difficult choices, that we apply ourselves to the task of serving best those who have the least. May the success of our service be measured best by the families restored to oneness, and the children given hope for wholeness. Grant healing and health to our brother, Senator Tim Kelly, and bless his family during this time of trial. Bless us with Your presence in all that we do. Amen. Senator Leman led the Senate in the Pledge of Allegiance. 1563 1997-04-30 Senate Journal Page 1564 CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundred seventh legislative day be approved as certified by the Secretary. Without objection, it was so ordered. INTRODUCTION OF GUESTS Senator Leman introduced the following delegates from the Sakhalin Duma: Mrs. Lubov Shubina, First Deputy Mr. Konstantin Sukhorebrik, Deputy Mr. Boris Misikov, Deputy Senator Leman also introduced former State Senator Vic Fischer, coordinator for the delegates. The presence of Senators Mackie, Parnell was noted. MESSAGES FROM THE GOVERNOR Letter dated April 28 was read, stating in accordance with AS 39.05.080 and Article III Sections 25 and 26 of the Alaska Constitution, I submit the following name for legislative confirmation of appointment to the position noted: Alaska Oil and Gas Conservation Commission Robert N. Christenson - Anchorage Appointed: 04/28/97 Expires: 12/31/00 The appointment was referred to the Resources Committee. The resume for this appointment has been submitted to the offices of the Senate Secretary and the Chief Clerk. 1997-04-30 Senate Journal Page 1565 MESSAGES FROM THE HOUSE SB 83 Message of April 28 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 83(FIN) am with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 83(FIN) amH An Act making and amending appropriations; amending an appropriation from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date. Senator Taylor moved that the Senate concur in the House amendments. Senator Taylor called the Senate on the bill. The call was satisfied. The question being: Shall the Senate concur in the House amendments to CS FOR SENATE BILL NO. 83(FIN) am? The roll was taken with the following result: HOUSE CS CS SB 83(FIN) am H Shall the Senate Concur in the House amendments to CSSB 83(FIN) am? Effective Date YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Green, Halford, Hoffman, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Duncan, Ellis, Lincoln Excused: Kelly Lincoln changed from "Yea" to "Nay". 1997-04-30 Senate Journal Page 1566 SB 83 and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 83(FIN) am H An Act making and amending appropriations; amending an appropriation from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Budget Reserve Fund section. Senator Duncan objected. The question being: Shall the Budget Reserve Fund section be adopted? The roll was taken with the following result: HOUSE CS CS SB 83(FIN) am H Budget Reserve Fund YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Kelly and so, the Budget Reserve Fund section was adopted. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. 1997-04-30 Senate Journal Page 1567 RECONSIDERATION OF HOUSE BILLS HB 18 Senator Leman requested that the reconsideration on HOUSE BILL NO. 18 An Act extending to certain partnerships and corporations the 10 percent procurement preference currently given to certain sole proprietorships who are Alaska bidders and owned by persons with disabilities be taken up at this time. HOUSE BILL NO. 18 was before the Senate on reconsideration. Senator Leman moved and asked unanimous consent that HOUSE BILL NO. 18 be held to the May 1 calendar. Without objection, it was so ordered. STANDING COMMITTEE REPORTS Report dated April 30 was read stating: The Senate Health, Education and Social Services Committee reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: University of Alaska Board of Regents Annette Nelson-Wright - Juneau Signing the report: Senator Wilken, Chair, Senators Green, Ward, Ellis. SB 25 Previous fiscal note applies to the Judiciary Committee Substitute for SENATE BILL NO. 25 An Act relating to authorizing the Department of Corrections to provide an automated victim notification and prisoner information system. SB 152 The Finance Committee considered SENATE BILL NO. 152 An Act relating to certified nurse aides; and providing for an effective date and recommended it be replaced with 1997-04-30 Senate Journal Page 1568 SB 152 CS FOR SENATE BILL NO. 152(FIN) Signing do pass: Senator Pearce, Cochair, Senator Adams. Signing no recommendation: Senator Sharp, Cochair, Senators Phillips, Parnell, Torgerson, Donley. Previous zero and fiscal notes apply to the committee substitute. The bill was referred to the Rules Committee. SB 170 The Health, Education and Social Services Committee considered SENATE BILL NO. 170 An Act relating to financial assistance for students attending certain graduate education programs; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 170(HES) Signing do pass: Senator Wilken, Chair, Senators Ward, Green, Leman. Signing no recommendation: Senator Ellis. Fiscal note for the bill and the committee substitute published today from Department of Education. The bill was referred to the Finance Committee. SB 189 The Health, Education and Social Services Committee considered SENATE BILL NO. 189 An Act relating to eligibility for and default, collection, and repayment of student loans; relating to nonrenewal of certain occupational licenses for default on a student loan; and providing for an effective date. Signing do pass: Senator Wilken, Chair, Senators Leman, Ellis, Green. Fiscal notes published today from Department of Education (2), Department of Labor (2). Zero fiscal notes published today from Department of Commerce and Economic Development, Department of Administration, Department of Labor. 1997-04-30 Senate Journal Page 1569 SB 189 The bill was referred to the Finance Committee. HCR 4 The Finance Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(JUD) Relating to records generated and maintained by the Department of Health and Social Services. Signing do pass: Senators Sharp, Pearce, Cochairs, Senators Phillips, Parnell, Torgerson, Donley. Previous House zero and fiscal notes. The resolution was referred to the Rules Committee. HB 6 The Finance Committee considered CS FOR HOUSE BILL NO. 6(FIN) am An Act relating to minors and amending laws relating to the disclosure of information relating to certain minors and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 6(FIN), entitled: An Act relating to minors and amending laws relating to the disclosure of information relating to certain minors; and amending Rule 3(c), Alaska Delinquency Rules. (technical title change) Signing do pass: Senators Sharp, Pearce, Cochairs, Senators Phillips, Parnell, Donley. Signing do not pass, terrible bill, needs amending: Senator Adams. Signing no recommendation: Senator Torgerson. Fiscal notes for the Senate Committee Substitute published today from Department of Health and Social Services (8), Department of Law. Previous House zero fiscal notes apply to the Senate Committee Substitute. The bill was referred to the Rules Committee. 1997-04-30 Senate Journal Page 1570 HB 66 The Finance Committee considered CS FOR HOUSE BILL NO. 66(HES) An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease-purchase agreement for a centralized public health laboratory facility. Signing do pass: Senator Pearce, Cochair, Senators Phillips, Torgerson, Donley. Signing no recommendation: Senator Sharp, Cochair, Senators Parnell, Adams. Previous House zero and fiscal notes. The bill was referred to the Rules Committee. HB 152 The Finance Committee considered CS FOR HOUSE BILL NO. 152(HES) An Act regulating hospice care and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 152(FIN), entitled: An Act relating to hospice care. (title change authorized by SCR 15) Signing do pass: Senator Sharp, Cochair, Senators Phillips, Adams, Torgerson. Signing no recommendation: Senator Pearce, Cochair, Senators Parnell, Donley. Previous House fiscal note applies to the Senate Committee Substitute. The bill was referred to the Rules Committee. SB 21 The Rules Committee considered SENATE BILL NO. 21 An Act relating to ferries and ferry terminals, establishing the Alaska Marine Highway Authority, and relating to maintenance of state marine vessels; and providing for an effective date. Signing to calendar and do pass: Senator Leman, Vice Chair. Signing to calendar: Senators Taylor, Torgerson. 1997-04-30 Senate Journal Page 1571 SB 21 The bill is on todays calendar. SB 103 The Rules Committee considered SENATE BILL NO. 103 An Act relating to hearings before and authorizing fees for the State Commission for Human Rights; and providing for an effective date. Signing to calendar and do pass: Senator Leman, Vice Chair. Signing to calendar: Senators Taylor, Torgerson. The bill is on todays calendar. HJR 30 The Rules Committee considered HOUSE JOINT RESOLUTION NO. 30 Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit. Signing to calendar and do pass: Senator Leman, Vice Chair. Signing to calendar: Senators Taylor, Torgerson. The resolution is on todays calendar. HB 9 The Rules Committee considered CS FOR HOUSE BILL NO. 9(FIN) am An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; relating to the definition of incapacitated for sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to mental examinations of victims in criminal prosecutions; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating to access to certain records of the Violent Crimes Compensation Board; amending Rule 6, Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date. Signing to calendar and do pass: Senator Leman, Vice Chair. Signing to calendar: Senators Taylor, Torgerson. The bill is on todays calendar. 1997-04-30 Senate Journal Page 1572 HB 115 The Rules Committee considered CS FOR HOUSE BILL NO. 115(JUD) am An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date. Signing to calendar and do pass: Senator Leman, Vice Chair. Signing to calendar: Senators Taylor, Torgerson. The bill is on todays calendar. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess for the purpose of a Committee on Committees meeting. Without objection, the Senate recessed at 11:40 a.m. AFTER RECESS The Senate reconvened at 11:54 a.m. SPECIAL COMMITTEE REPORTS Report dated April 30 was read, stating: Dear Mr. President: Your Committee on Committees has met and submits to the Senate for its consideration the following change to the original Committee on Committees report dated January 13, 1997: Effective April 30, 1997 through close of business for the first session, Senator Miller replaces Senator Kelly on the Rules Committee and Senator Leman will chair the Committee. Upon Senator Kellys return or at the close of business of the first session the original Committee on Committees report will be in effect. 1997-04-30 Senate Journal Page 1573 Signing the report: Senator Miller, Chair, Senators Leman, Pearce, , Taylor, Duncan. Senator Taylor moved and asked unanimous consent for the adoption of the Committee on Committees Report. Without objection, the Committee on Committees Report was adopted. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 15 SENATE CONCURRENT RESOLUTION NO. 15 BY THE SENATE FINANCE COMMITTEE, Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 152, relating to hospice care. was read the first time and referred to the Rules Committee. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 21 SENATE BILL NO. 21 An Act relating to ferries and ferry terminals, establishing the Alaska Marine Highway Authority, and relating to maintenance of state marine vessels; 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 1470. Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 21(FIN) was adopted and read the second time. Amendment No. 1 was not offered. 1997-04-30 Senate Journal Page 1574 SB 21 Senator Duncan offered Amendment No. 2 : Page 1, line 1, through page 23, line 9: Delete all material and insert: ""An Act relating to the director of the Alaska marine highway system; delaying the repeal of the requirement that marine vessels owned by the state be maintained and repaired at a shipyard facility located in the state; and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. AS19.65 is amended by adding a new section to read: Sec. 19.65.005. Director of the Alaska marine highway system. (a) The manager and chief executive officer of the Alaska marine highway system is the director. (b) A person appointed as director shall have extensive experience in the management of complex maritime transportation systems, in financial management of maritime transportation systems, and in personnel management. The director shall also have good communication skills. (c) The director is in the classified service under AS 39.25.100, notwithstanding AS39.25.120. * Sec. 2. Section 5, ch. 94, SLA 1992, is amended to read: Sec. 5. AS 36.90.050 is repealed August 30, 2002 [1997ß. * Sec. 3. Section 1 of this Act takes effect July 1, 1997. * Sec. 4. Section 2 of this Act takes effect immediately under AS 01.10.070(c)." Senator Duncan moved for the adoption of Amendment No. 2. Senator Taylor objected. Senator Duncan called the Senate. The call was satisfied. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: 1997-04-30 Senate Journal Page 1575 SB 21 CSSB 21(FIN) Second Reading Amendment No. 2 YEAS: 6 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Green, Hoffman, Lincoln Nays: Donley, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Kelly and so, Amendment No. 2 failed. Senator Duncan lifted the call. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 12:43 p.m. AFTER RECESS The Senate reconvened at 1:44 p.m. SB 21 Senator Duncan offered Amendment No. 3 : Page 22, lines 3 through 20: Delete all material after (b) and insert: Nothing in this Act terminates or modifies recognition of an exclusive bargaining representative or a collective bargaining agreement that is in effect on the effective date of this Act. The Alaska Marine Highway Authority shall abide by the collective bargaining agreements that are in effect for employees transferred to the authority on the date of transfer. A collective bargaining 1997-04-30 Senate Journal Page 1576 SB 21 agreement covering employees transferred under this Act shall remain in effect for the term of the agreement unless the agreement is renegotiated by the parties. Senator Duncan moved for the adoption of Amendment No. 3. Senator Taylor objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSSB 21(FIN) Second Reading Amendment No. 3 YEAS: 7 NAYS: 11 EXCUSED: 1 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Mackie Nays: Green, Halford, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Wilken Excused: Kelly Absent: Ward and so, Amendment No. 3 failed. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 21(FIN) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 21(FIN) An Act relating to ferries and ferry terminals, establishing the Alaska Marine Highway Authority, and relating to maintenance of state marine vessels; and providing for an effective date pass the Senate? The roll was taken with the following result: 1997-04-30 Senate Journal Page 1577 SB 21 CSSB 21(FIN) Third Reading - Final Passage Effective Date(s) YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly and so, CS FOR SENATE BILL NO. 21(FIN) passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered. Senator Duncan gave notice of reconsideration. SB 103 SENATE BILL NO. 103 An Act relating to hearings before and authorizing fees for the State Commission for Human Rights; and providing for an effective date was read the second time. Senator Green moved and asked unanimous consent for the adoption of the State Affairs Committee Substitute offered on page 1162. Without objection, CS FOR SENATE BILL NO. 103(STA) was adopted and read the second time. Senator Duncan offered Amendment No. 1 : Page 1, line 1: Delete "authorizing" 1997-04-30 Senate Journal Page 1578 SB 103 Page 1, line 14, following "persons": Insert "; the commission shall waive payment of fees for its services for persons whose household income, as determined by the commission, is below the federal poverty income guidelines for Alaska issued by the United States Department of Health and Human Services, as reported in the Federal Register" Senator Duncan moved for the adoption of Amendment No. 1. Senator Green objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSSB 103(STA) Second Reading Amendment No. 1 YEAS: 9 NAYS: 8 EXCUSED: 1 ABSENT: 2 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Mackie, Pearce, Ward, Wilken Nays: Donley, Green, Leman, Miller, Parnell, Phillips, Sharp, Taylor Excused: Kelly Absent: Halford, Torgerson and so, Amendment No. 1 was adopted. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 103(STA) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 103(STA) am An Act relating to hearings before and fees for the State Commission for Human Rights; and providing for an effective date pass the Senate? The roll was taken with the following result: 1997-04-30 Senate Journal Page 1579 SB 103 CSSB 103(STA) am Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Green, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Ward, Wilken Excused: Kelly Absent: Halford, Torgerson and so, CS FOR SENATE BILL NO. 103(STA) am passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SECOND READING OF HOUSE BILLS HB 9 CS FOR HOUSE BILL NO. 9(FIN) am An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; relating to the definition of incapacitated for sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to mental examinations of victims in criminal prosecutions; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating to access to certain records of the Violent Crimes Compensation Board; amending Rule 6, Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date was read the second time. 1997-04-30 Senate Journal Page 1580 HB 9 Senator Taylor moved and asked unanimous consent that the bill be placed at the bottom of todays calendar. Without objection, it was so ordered. HB 115 CS FOR HOUSE BILL NO. 115(JUD) am An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date was read the second time. Senator Leman offered Amendment No. 1 : Insert new bill sections to read: * Sec. A. AS 21.89.070(a) is amended to read: (a) A taxpayer is allowed a credit against the tax due under AS 21.09.210 or AS 21.66.110 for cash contributions for direct instruction, research, and educational support purposes, including library and museum acquisitions, and contributions to endowment, that are accepted by a nonprofit, public or private, Alaska two-year or four-year college or university accredited by a national or regional accreditation association or that are accepted by an Alaska university foundation that supports a university or college that could receive a contribution for which a taxpayer may obtain a credit under this section. The amount of the credit is the lesser of (1) an amount equal to (A) 50 percent of contributions of not more than $100,000; and (B) 100 percent of the next $100,000 of contributions; or (2) 50 percent of the taxpayer's tax liability under this title. * Sec. B. AS 43.20.014(a) is amended to read: (a) For cash contributions accepted for direct instruction, research, and educational support purposes, including library and museum acquisitions, and contributions to endowment, by an Alaska university foundation or by a nonprofit, public or private, Alaska two-year or four-year college accredited by a national or regional accreditation association, a taxpayer is allowed as a credit against the tax due under this chapter 1997-04-30 Senate Journal Page 1581 HB 115 (1) 50 percent of contributions of not more than $100,000; and (2) 100 percent of the next $100,000 of contributions. * Sec. C. AS 43.55.019(a) is amended to read: (a) For cash contributions accepted for direct instruction, research, and educational support purposes, including library and museum acquisitions, and contributions to endowment, by an Alaska university foundation or by a nonprofit, public or private, Alaska two-year or four-year college accredited by a national or regional accreditation association, a producer of oil or gas is allowed as a credit against the tax due under this chapter (1) 50 percent of contributions of not more than $100,000; and (2) 100 percent of the next $100,000 of contributions. * Sec. D. AS 43.56.018(a) is amended to read: (a) For cash contributions accepted for direct instruction, research, and educational support purposes, including library and museum acquisitions, and contributions to endowment, by an Alaska university foundation or by a nonprofit, public or private, Alaska two-year or four-year college accredited by a national or regional accreditation association, the owner of property taxable under this chapter is allowed as a credit against the tax due under this chapter (1) 50 percent of contributions of not more than $100,000; and (2) 100 percent of the next $100,000 of contributions. * Sec. E. AS 43.65.018(a) is amended to read: (a) For cash contributions accepted for direct instruction, research, and educational support purposes, including library and museum acquisitions, and contributions to endowment, by an Alaska university foundation or by a nonprofit public or private, Alaska two- year or four-year college accredited by a national or regional accreditation association, a person engaged in the business of mining in the state is allowed as a credit against the tax due under this chapter (1) 50 percent of contributions of not more than $100,000; and 1997-04-30 Senate Journal Page 1582 HB 115 (2) 100 percent of the next $100,000 of contributions. * Sec. F. AS 43.75.018(a) is amended to read: (a) For cash contributions accepted for direct instruction, research, and educational support purposes, including library and museum acquisitions and contributions to endowment, by an Alaska university foundation or by a nonprofit, public or private, Alaska two-year or four-year college accredited by a national or regional accreditation association, a person engaged in a fisheries business is allowed as a credit against the tax due under this chapter (1) 50 percent of contributions of not more than $100,000; and (2) 100 percent of the next $100,000 of contributions. * Sec. G. AS 43.77.045(a) is amended to read: (a) In addition to the credit allowed under AS 43.77.040, for cash contributions accepted for direct instruction, research, and educational support purposes, including library and museum acquisitions and contributions to endowment, by an Alaska university foundation or by a nonprofit, public or private, Alaska two- year or four-year college accredited by a national or regional accreditation association, a person engaged in a floating fisheries business is allowed as a credit against the tax due under this chapter (1) 50 percent of contributions of not more than $100,000; and (2) 100 percent of the next $100,000 of contributions." Renumber as appropriate. Senator Leman moved for the adoption of Amendment No. 1. Objections were heard. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 115(JUD) am be held in second reading, with Amendment No. 1 pending, to the May 1 calendar. Without objection, it was so ordered. 1997-04-30 Senate Journal Page 1583 THIRD READING OF SENATE BILLS SB 60 SENATE BILL NO. 60 An Act providing for an advisory vote on the issue of capital punishment was read the third time. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 2:58 p.m. AFTER RECESS The Senate reconvened at 3:52 p.m. CONSIDERATION OF THE CALENDAR CONTINUED SB 60 Senator Taylor called the Senate. The call was satisfied. The question being: Shall SENATE BILL NO. 60 An Act providing for an advisory vote on the issue of capital punishment pass the Senate? The roll was taken with the following result: SB 60 Third Reading - Final Passage YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Mackie Excused: Kelly and so, SENATE BILL NO. 60 passed the Senate. Senator Adams gave notice of reconsideration. 1997-04-30 Senate Journal Page 1584 SECOND READING OF HOUSE RESOLUTIONS HJR 30 HOUSE JOINT RESOLUTION NO. 30 Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit, was read the second time. Senator Taylor, Chair, moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 1512. Without objection, SENATE CS FOR HOUSE JOINT RESOLUTION NO. 30(JUD) was adopted and read the second time. Senator Taylor moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR HOUSE JOINT RESOLUTION NO. 30(JUD) was read the third time. The question being: Shall SENATE CS FOR HOUSE JOINT RESOLUTION NO. 30(JUD) Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit, pass the Senate? The roll was taken with the following result: SCS HJR 30(JUD) Third Reading - Final Passage YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly and so, SENATE CS FOR HOUSE JOINT RESOLUTION NO. 30(JUD) passed the Senate. Senator Lincoln gave notice of reconsideration. 1997-04-30 Senate Journal Page 1585 SECOND READING OF HOUSE BILLS HB 9 CS FOR HOUSE BILL NO. 9(FIN) am An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; relating to the definition of incapacitated for sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to mental examinations of victims in criminal prosecutions; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating to access to certain records of the Violent Crimes Compensation Board; amending Rule 6, Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date which had been placed at the bottom of the calendar (page 1580) was before the Senate. Senator Sharp moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1475. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; relating to the definition of incapacitated for sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to mental examinations of victims in criminal prosecutions; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating to access to certain records of the Violent Crimes Compensation Board; amending Rules 6 and 43(d), Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date was adopted and read the second time. Senator Halford offered Amendment No. 1 : Page 6, line 19, following "AS 12.55.175": Insert ", an appeal," 1997-04-30 Senate Journal Page 1586 HB 9 Senator Halford moved for the adoption of Amendment No. 1. Senator Duncan objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Amendment No. 2 was not offered. Senators Halford, Taylor offered Amendment No. 3 : Page 1, line 12: Delete "16, 18, 22, and 23" Insert "17, 19, 23, and 24" Page 4, following line 29: Insert a new bill section to read: "* Sec. 12. AS 12.30.020(c) is amended to read: (c) In determining the conditions of release under (b) of this section, the judicial officer shall take into account (1) the nature and circumstances of the offense charged, including the effect of the offense upon the alleged victim; ª,ß (2) the weight of the evidence against the person; [,ß (3) the person's family ties; ª,ß (4) the person's employment; ª,ß (5) the person's financial resources; ª,ß (6) the person's character and mental condition; ª,ß (7) the length of the person's residence in the community; ª,ß (8) the person's record of convictions; ª,ß (9) the person's record of appearance at court proceedings; ª,ß (10) the flight of the accused to avoid prosecution or the person's failure to appear at court proceedings; and (11) threats the person has made, and the danger the person poses, to the alleged victim." Renumber the following bill sections accordingly. 1997-04-30 Senate Journal Page 1587 HB 9 Page 9, line 20: Delete "sec. 12" Insert "sec. 13" Page 9, line 30: Delete "Sections 12 and 20" Insert "Sections 13 and 21" Page 9, line 31: Delete "secs. 12 and 20" Insert "secs. 13 and 21" Page 10, line 2: Delete "secs. 12 and 20" Insert "secs. 13 and 21" Page 10, line 3: Delete "secs. 12 and 20" Insert "secs. 13 and 21" Page 10, line 5: Delete "sec. 27" Insert "sec. 28" Senator Halford moved for the adoption of Amendment No. 3. Senator Ellis objected, then withdrew his objection. There being no further objections, Amendment No. 3 was adopted. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S VICTIMS RIGHT TO BE PRESENT AT TRIAL, be held to the May 1 calendar. Without objection, it was so ordered. 1997-04-30 Senate Journal Page 1588 RECONSIDERATION OF HOUSE BILLS HB 20 Senator Adams requested that the reconsideration on CS FOR HOUSE BILL NO. 20(FIN) An Act relating to dog mushers contests be taken up at this time. CS FOR HOUSE BILL NO. 20(FIN) was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR HOUSE BILL NO. 20(FIN) An Act relating to dog mushers contests pass the Senate? The roll was taken with the following result: CSHB 20(FIN) Third Reading - On Reconsideration YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Hoffman, Lincoln, Mackie, Miller, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Halford, Leman, Parnell, Pearce, Phillips Excused: Kelly and so, CS FOR HOUSE BILL NO. 20(FIN) passed the Senate on reconsideration, was signed by the President and Secretary and returned to the House. UNFINISHED BUSINESS SB 117 Senator Sharp, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on SENATE BILL NO. 117 An Act relating to an infant care curriculum in the public school system. Without objection, the bill was referred to the Rules Committee. 1997-04-30 Senate Journal Page 1589 ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 103 CS FOR SENATE BILL NO. 103(STA) am An Act relating to hearings before and fees for the State Commission for Human Rights; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. ENROLLMENT SJR 20 CS FOR SENATE JOINT RESOLUTION NO. 20(RLS) am H Requesting the United States Congress to accommodate Alaskas unique wetlands circumstances by amending the Clean Water Act to modify the wetlands regulatory program and to recognize Alaskas outstanding history of wetlands conservation, 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 4:50 p.m., April 29, 1997. SB 64 CS FOR SENATE BILL NO. 64(FIN) An Act relating to the Shuyak Island State Park 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 4:50 p.m., April 29, 1997. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 1, 1997. Without objection, the Senate adjourned at 5:10 p.m. Nancy Quinto Secretary of the Senate April 1997 1997-04-30 Senate Journal Page 1590 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 FINANCE SENATE FINANCE 532 APR 30 WEDNESDAY 8:00 AM -- TIME CHANGE -- HB 66APPROVE CENTRALIZED PUBLIC HEALTH LAB HB 152REGULATION OF HOSPICE CARE <BILLS PREVIOUSLY HEARD/SCHEDULED> HB 6RELEASE OF INFORMATION ABOUT MINORS HCR 4DHSS RECORDS FOR DELINQUENTS & CINA SB 178ANCHORAGE OFFICE BUILDING SB 42ALASKA RR BUDGET AND LAND MAY 01 THURSDAY 9:00 AM SB 42ALASKA RR BUDGET AND LAND SB 189EDUC.LOAN REPAYMNT\ELIG.; OCC. LIC. HB 35EXTEND REG. ECONOMIC ASST PROGRAM <BILLS PREVIOUSLY HEARD/SCHEDULED> ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 30 WEDNESDAY 9:00 AM + CONFIRMATION HEARING: UA BOARD OF REGENTS + SB 189EDUC.LOAN REPAYMNT\ELIG.; OCC. LIC. + SCR 14PARITY FOR MENTAL HEALTH TASK FORCE + <BILLS HELD FROM PREVIOUS MEETINGS> ---------------------------------------- 1997-04-30 Senate Journal Page 1591 JUDICIARY BELTZ ROOM 211 APR 30 WEDNESDAY 1:30 PM -- MEETING CANCELLED -- + SB 102ALIENS AND ASSISTANCE PROGRAMS SB 132CRIMINAL JUSTICE INFO, INCL. SEX OFFENDER MAY 02 FRIDAY 1:30 PM <BILLS HELD AND/OR PREVIOUSLY HEARD> + SB 102ALIENS AND ASSISTANCE PROGRAMS SB 132CRIMINAL JUSTICE INFO, INCL. SEX OFFENDER SJR 30DEFENSE OF ALASKA FROM NUCLEAR ATTACK + HB 153ALIENS AND ASSISTANCE PROGRAMS <PENDING REFERRAL> ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAY 01 THURSDAY 1:30 PM + HB 83COMMERCIAL VEHICLE INSPECTIONS <BILL POSTPONED FROM 4/29/97> + HJR 31FEDERAL FOOD, DRUG, AND COSMETIC ACT <BILL POSTPONED FROM 4/29/97> + HB 10MANDATORY MEDIATION/DESIGN PROF LAWSUITS <BILLS PREVIOUSLY HEARD> ---------------------------------------- RESOURCES BUTROVICH ROOM 205 APR 30 WEDNESDAY 3:30 PM -- MEETING POSTPONED TO 5/2/97 -- HJR 14SUPPORT AMERICAN LAND SOVEREIGNTY ACT + SB 184DEC & ADFG ACCESS TO FISH TAX RECORDS MAY 02 FRIDAY 3:30 PM -- RESCHEDULED FROM 04/29/97 -- HJR 14SUPPORT AMERICAN LAND SOVEREIGNTY ACT + SB 184DEC & ADFG ACCESS TO FISH TAX RECORDS ---------------------------------------- 1997-04-30 Senate Journal Page 1592 RULES FAHRENKAMP RM 203 APR 30 WEDNESDAY 10:45 AM HB 9VICTIMS RIGHT TO BE PRESENT AT TRIAL HB 1151997 REVISORS BILL HJR 30ENDORSE US COURT OF APPEALS-12TH CIRCUIT SB 21ALASKA MARINE HIGHWAY AUTHORITY SB 103HUMAN RIGHTS COMMISSION FEES & HEARINGS MAY 01 THURSDAY 10:45 AM HB 13MARINE SAFETY TRAINING & EDUCATION HB 23STATE LAND MANAGEMENT: ACCESS & RESTRICT HB 26BIG GAME TAGS FOR WOLVES HB 103REPEALING FUNDS AND ACCOUNTS HB 106MUNICIPAL ASSISTANCE/ORGANIZATION GRANTS HB 107WATER, WASTE AND SEWER SYSTEM GRANTS SB 34DOT MAINTENANCE FACILITY AT SOLDOTNA SB 152CERTIFIED NURSE AIDES HB 6RELEASE OF INFORMATION ABOUT MINORS SB 141CONCEALED HANDGUN PERMITS (SB 141 - PROPOSED RULES CS) HB 66APPROVE CENTRALIZED PUBLIC HEALTH LAB SCR 12SUSPEND UNIFORM RULES FOR HB 9 ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAY 01 THURSDAY 3:30 PM + SJR 21PUBLIC FACILITIES CAPITAL FUND + HB 50BROADCASTING OF RAFFLES AND CLASSICS <PREVIOUSLY SCHEDULED BILLS> + SB 118PERMANENT FUND CORP. INVESTMENTS SJR 28FED AUDIT OF NATIVE REGIONAL CORPORATIONS -- SJR 28 RESCHEDULED FROM 04/29/97 -- ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAY 01 THURSDAY 1:30 PM + SB 171CAPITAL IMPROVEMENT PROJECT AUTHORITY -- BILLS BELOW RESCHEDULED FROM 04/29/97 -- + SB 157CHILDRENS TRUST LICENSE PLATES + HJR 27FAA COMMUTER RULE 1997-04-30 Senate Journal Page 1593 JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 75 AND 76 SENATE FINANCE 532 MAY 01 THURSDAY 3:30 PM -- MEETING POSTPONED TO 5/2/97 -- DNR, F&G, LEG, GOV, FRONT SECTION, FISCAL NOTES MAY 02 FRIDAY 3:00 PM -- RESCHEDULED FROM 05/01/97 -- -- TIME CHANGE -- DNR, F&G, LEG, GOV, FRONT SECTION, FISCAL NOTES INTENT LANGUAGE ---------------------------------------- SELECT CMTE ON LEGISLATIVE ETHICS FAHRENKAMP ROOM 203 MAY 01 THURSDAY 8:00 AM + FULL COMMITTEE TELECONFERENCE OTHER MEETINGS COMMITTEE ON COMMITTEES BUTROVICH ROOM 205 APR 30 WEDNESDAY 11:10 AM COMMITTEE ON COMMITTEES ---------------------------------------- CHILDRENS CAUCUS BUTROVICH ROOM 205 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