Legislature(1997 - 1998)
1997-05-09 Senate Journal
Full Journal pdf1997-05-09 Senate Journal Page 1853 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Seventeenth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:04 a.m. The roll showed fifteen members present. Senator Kelly was excused from a call of the Senate. Senators Donley, Duncan, Mackie, Torgerson were absent. The prayer was offered by the Chaplain, Major Neil Timpson of the Salvation Army. Senator Pearce moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Theyve buried me in paper! I cant breathe! The in tray my shroud, The out my wreathe! Those files are my pall-bearers Dont You see? The intercom my tombstone, R.I.P. Prove to me please That there is some equation That links the worlds needs with administration. Can letters lead a darkened soul to light? Supposing that we got the margins right? Can records kept inordinately well Preserve a single soul from private hell? Can boards that take my moments and my days Add any rapture to the psalms of praise? 1853 1997-05-09 Senate Journal Page 1854 Beside my desk Im down Upon my knees. If its an altar Let me see it, Please. And make the reason for this paper plain. Excuse me Lord-- That Blessed Phone Again! Lord through all the papers, files, boards and caucuses, help these fine people to see the eternal meaning and fit them for that task. Amen. Senator Hoffman led the Senate in the Pledge of Allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundred sixteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 11:06 a.m. AFTER RECESS JOINT SESION IN THE HOUSE Speaker Phillips called the House to order and in accordance with Uniform Rule 51 turned the gavel over to President Miller at 11:25 a.m. The purpose of the Joint Session was to consider the confirmation of the Governors appointments. 1997-05-09 Senate Journal Page 1855 The roll of the Senate was called and showed nineteen members present. Senator Kelly was excused from a call of the Senate. The roll of the House was taken and showed forty members present. Boards and commissions appointments are as follows: 1997 BOARDS AND COMMISSIONS Alaska Air National Guard - Brigadier General Colonel Van P. Williams, Jr. Commander, 176th Wing Colonel Jerry W. Gillean Chief of Staff, Headquarters Alaska Air National Guard Board of Governors of the Alaska Bar Debra L. Call - Anchorage Appointed: 02/20/97 Expires: 06/30/99 Alaska Public Defender Barbara Brink - Anchorage Appointed: 01/24/97 Alaska State Board of Public Accountancy Kathleen Grimes - Palmer Appointed: 03/21/97 Expires: 04/25/00 Linda Thomas - Juneau Appointed: 06/25/96 Expires: 04/25/00 Assessment Review Board Rick Stovarsky - North Pole Appointed: 03/21/97 No Term Alcoholic Beverage Control Board Robert J. Klein - Anchorage Appointed: 05/31/95 Reappointed: 01/02/97 Expires: 01/31/00 1997-05-09 Senate Journal Page 1856 State Board of Registration for Architects, Engineers, and Land Surveyors Daphne E. Brown - Anchorage Appointed: 07/01/96 Expires: 07/01/00 Marcia Davis - Anchorage Appointed: 02/20/97 Expires: 07/01/98 Patrick H. Kalen - Fairbanks Appointed: 07/01/96 Expires: 07/01/00 Robert E. Miller, Ph.D., P.E. - Anchorage Appointed: 09/11/96 Expires: 07/01/00 Board of Barbers and Hairdressers Robert Pearson - Juneau Appointed: 03/21/97 Expires: 07/01/00 Sheryl L. Sutton - Juneau Appointed: 07/30/96 Expires: 07/01/00 Rosalyn C. Wyche - Anchorage Appointed: 03/03/97 Expires: 07/01/99 Board of Chiropractic Examiners LeRoy (Lee) D. Nordstrom, D.C. - Anchorage Appointed: 07/15/92 Reappointed: 09/11/96 Expires: 07/15/00 Board of Clinical Social Work Examiners Diane DiSanto - Anchorage Appointed: 09/11/96 Expires: 07/01/00 Alaska Commercial Fisheries Entry Commission (CFEC) Marlene A. Johnson - Juneau Appointed: 12/16/96 Expires: 07/01/99 Bruce C. Twomley - Juneau Appointed: 10/06/82 Reappointed: 08/18/88, 07/21/92, 10/11/96 Expires: 07/01/00 Board of Dental Examiners Dr. James Arneson - Kodiak Appointed: 07/19/93 Reappointed: 02/20/97 Expires: 02/01/01 Dr. James Clark - Anchorage Appointed: 04/07/95 Reappointed: 02/20/97 Expires: 02/01/01 1997-05-09 Senate Journal Page 1857 Board of Dispensing Opticians Barbara Landi - Anchorage Appointed: 04/11/97 Expires: 06/14/98 Mary C. Seutter - Wasilla Appointed: 08/10/95 Reappointed: 05/15/96 Expires: 06/14/00 Board of Education Roy M. Nageak Sr. - Barrow Appointed: 01/02/97 Expires: 01/31/99 Marilyn Webb - Juneau Appointed: 02/10/95 Reappointed: 01/02/97 Expires: 01/31/02 Board of Fisheries Robert E. Dersham - Anchor Point Appointed: 03/03/97 Expires: 06/30/00 Larry Engel - Palmer Reappointed: 02/14/97 Board of Game Michael R. Fleagle - McGrath Appointed: 10/20/96 Expires: 01/31/99 Lori T. Quakenbush - Fairbanks Appointed: 02/18/97 Expires: 01/31/00 Gregory P. Streveler - Gustavus Appointed: 10/20/96 Expires: 01/31/99 Nicole Whittington-Evans - Palmer Appointed: 02/18/97 Expires: 01/31/00 State Commission for Human Rights Martha L. Gore - Anchorage Appointed: 05/15/96 Expires: 01/31/01 Reverend Richard Heacock - Fairbanks Appointed: 02/20/97 Expires: 01/31/99 Kathy Wistoff - Anchorage Appointed: 02/20/97 Expires: 01/31/02 1997-05-09 Senate Journal Page 1858 Commission on Judicial Conduct Dianne I. Brown - Anchorage Appointed: 09/11/96 Expires: 12/31/98 Ethel Staton - Sitka Appointed: 03/04/97 Expires: 12/31/00 Alaska Labor Relations Agency Robert A. Doyle - Palmer Appointed: 10/07/94 Reappointed: 08/21/96 Expires: 06/30/99 Blair Schad - Fairbanks Appointed: 08/28/96 Expires: 06/30/98 Board of Marine Pilots Bernie Smith - Anchorage Appointed: 10/02/95 Reappointed: 01/02/97 Expires: 06/01/00 David Stewart - Anchorage Appointed: 02/20/97 Expires: 06/01/00 Barbara Huff Tuckness - Anchorage Appointed: 02/20/97 Expires: 06/01/99 State Medical Board Beverly Fletcher - Juneau Appointed: 08/11/95 Reappointed: 08/21/96 Expires: 08/13/00 Donald G. Hudson, D.O. - Anchorage Appointed: 08/11/95 Reappointed: 05/15/96 Expires: 04/21/00 Sarah A. Isto, M.D. - Juneau Appointed: 08/11/95 Reappointed: 11/08/96 Expires: 11/06/00 Suzanne H. Lombardi - Anchorage Appointed: 08/11/95 Reappointed: 01/02/97 Expires: 01/09/01 Donald C. Olson, M.D. - Nome Appointed: 08/11/95 Reappointed: 07/22/96 Expires: 07/08/00 Alaska Mental Health Trust Authority Board of Trustees John Malone - Bethel Appointed: 04/21/97 Expires: 03/03/02 John Pugh - Juneau Appointed: 03/03/95 Reappointed: 05/15/96 Expires: 03/03/01 Caren Robinson - Juneau Appointed: 04/21/97 Expires:03/03/00 1997-05-09 Senate Journal Page 1859 Board of Certified Direct-Entry Midwives Kaye Kanne - Juneau Appointed: 07/21/92 Reappointed: 08/21/96 Expires: 07/21/00 Mark Richey - Anchorage Appointed: 02/20/97 Expires: 07/21/99 Pam Weaver - Chugiak Appointed: 07/21/92 Reappointed: 08/21/96 Expires: 07/21/00 Board of Nursing Carolyn Keil - Anchorage Appointed: 04/11/97 Expires: 03/31/01 Josephine Malemute - Fairbanks Appointed: 08/30/95 Reappointed: 05/15/96 Expires: 03/31/00 Alaska Oil and Gas Conservation Commission Robert N. Christenson - Anchorage Appointed: 04/28/97 Expires: 12/31/00 Mary Coffey Marshburn - Homer Appointed: 01/01/97 Expires: 12/31/02 Board of Examiners in Optometry William D. Faulkner, O.D. - Anchorage Appointed: 08/21/96 Expires: 06/15/00 Aharon Sternberg, O.D. - Anchorage Appointed: 08/21/96 Expires: 06/15/99 Personnel Board Katie T. Hurley - Wasilla Appointed: 08/01/96 Expires: 06/20/02 Board of Pharmacy Bonnie R. Stewart - Anchorage Appointed: 01/02/97 Expires: 04/01/00 Stanley P. Thompson, R.Ph. - Anchorage Appointed: 04/09/92 Reappointed: 01/02/97 Expires: 04/01/00 1997-05-09 Senate Journal Page 1860 State Physical Therapy and Occupational Therapy Board Dee Berline - Anchorage Appointed: 05/15/96 Expires: 01/01/00 Cary S. Keller, M.D. - Fairbanks Appointed: 10/13/92 Reappointed: 01/02/97 Expires: 09/01/00 Lawrence W. Seethaler, L.P.T. - Anchorage Appointed: 09/03/92 Reappointed: 01/02/97 Expires: 09/01/00 Professional Teaching Practices Commission Mary Lou Madden - Juneau Appointed: 10/07/94 Reappointed: 07/22/96 Expires: 07/01/99 Thomas L. Matheson - Dillingham Appointed: 07/23/93 Reappointed: 07/22/96 Expires: 07/01/99 Christine A. Miller - Fairbanks Appointed: 07/22/96 Expires: 07/01/99 Board of Psychologist and Psychological Associate Examiners Susan L. Baxter, M.S. - Anchorage Appointed: 08/21/96 Expires: 07/01/00 E. Ben Crawford, Ph.D. - Anchorage Appointed: 08/21/96 Expires: 07/01/98 Gail C. Shortell, Esq. - Anchorage Appointed: 07/20/95 Reappointed: 08/21/96 Expires: 07/01/00 David J. Sperbeck, Ph.D. - Anchorage Appointed: 08/21/96 Expires: 07/01/97 Alaska Public Offices Commission (APOC) Joyce Michaelson - Anchorage Appointed: 06/25/96 Expires: 02/01/01 Board of Certified Real Estate Appraisers Eileen R. Bechtol - Homer Appointed: 06/25/96 Expires: 06/30/99 Susan K. Crosson - Anchorage Appointed: 06/25/96 Expires: 06/30/98 Jon B. Wolfe - Douglas Appointed: 06/25/96 Expires: 06/30/00 1997-05-09 Senate Journal Page 1861 Real Estate Commission Ruth Blackwell - Juneau Appointed: 08/24/95 Reappointed: 02/20/97 Expires: 01/31/01 University of Alaska Board of Regents Michael J. Burns - Anchorage Appointed: 03/21/97 Expires: 02/01/05 Elsa Demeksa - Juneau Appointed: 03/21/97 Expires: 02/01/05 Annette Nelson-Wright - Juneau Appointed: 04/21/97 Effective: 06/01/97 Expires: 06/01/99 Alaska Public Utilities Commission (APUC) James M. Posey - Anchorage Appointed: 01/21/97 Expires: 10/31/02 Board of Veterinary Examiners Jean Battig, DVM - Fairbanks Appointed: 04/11/97 Expires: 01/31/00 William G. Lewis - North Pole Appointed: 06/25/96 Expires: 01/31/00 James L. Morris, D.V.M. - Wasilla Appointed: 01/02/97 Expires: 01/15/01 Connie J. Sanders, D.V.M. - Anchorage Appointed: 06/25/96 Expires: 01/31/99 Violent Crimes Compensation Board Louann Cutler - Anchorage Appointed: 01/02/97 Expires: 12/15/99 Leslie D. Wheeler - Wasilla Appointed: 05/15/96 Expires: 12/15/98 1997-05-09 Senate Journal Page 1862 Alaska Workers' Compensation Board Valerie K. Baffone - Anchorage Appointed: 11/08/96 Expires: 07/01/97 John Giuchici - Fairbanks Appointed: 10/10/91 Reappointed: 07/15/93, 06/25/96 Expires: 07/01/99 Steve Hagedorn - Anchorage Appointed: 08/19/91 Reappointed: 07/01/93, 06/25/96 Expires: 07/01/99 Harriet M. Lawlor - Anchorage Appointed: 07/20/95 Reappointed: 06/25/96 Expires: 07/01/99 Shawn Pierre - Chugiak Appointed: 11/08/96 Expires: 07/01/97 Senator Taylor moved and asked unanimous consent that the Governors appointments to the following boards and commissions be confirmed: Senator Duncan called the Joint Session. The call was satisfied. Alaska Air National Guard - Brigadier General Colonel Van P. Williams, Jr. Commander, 176th Wing Colonel Jerry W. Gillean Chief of Staff, Headquarters Alaska Air National Guard Board of Governors of the Alaska Bar Debra L. Call - Anchorage Appointed: 02/20/97 Expires: 06/30/99 Alaska Public Defender Barbara Brink - Anchorage Appointed: 01/24/97 Alaska State Board of Public Accountancy Kathleen Grimes - Palmer Appointed: 03/21/97 Expires: 04/25/00 Linda Thomas - Juneau Appointed: 06/25/96 Expires: 04/25/00 1997-05-09 Senate Journal Page 1863 Assessment Review Board Rick Stovarsky - North Pole Appointed: 03/21/97 No Term Alcoholic Beverage Control Board Robert J. Klein - Anchorage Appointed: 05/31/95 Reappointed: 01/02/97 Expires: 01/31/00 State Board of Registration for Architects, Engineers, and Land Surveyors Daphne E. Brown - Anchorage Appointed: 07/01/96 Expires: 07/01/00 Marcia Davis - Anchorage Appointed: 02/20/97 Expires: 07/01/98 Patrick H. Kalen - Fairbanks Appointed: 07/01/96 Expires: 07/01/00 Robert E. Miller, Ph.D., P.E. - Anchorage Appointed: 09/11/96 Expires: 07/01/00 Board of Barbers and Hairdressers Robert Pearson - Juneau Appointed: 03/21/97 Expires: 07/01/00 Sheryl L. Sutton - Juneau Appointed: 07/30/96 Expires: 07/01/00 Rosalyn C. Wyche - Anchorage Appointed: 03/03/97 Expires: 07/01/99 There being no objections, the appointees were confirmed. Senator Taylor moved and asked unanimous consent that the Governors appointments to the following boards and commissions be confirmed: Board of Chiropractic Examiners LeRoy (Lee) D. Nordstrom, D.C. - Anchorage Appointed: 07/15/92 Reappointed: 09/11/96 Expires: 07/15/00 1997-05-09 Senate Journal Page 1864 Board of Clinical Social Work Examiners Diane DiSanto - Anchorage Appointed: 09/11/96 Expires: 07/01/00 Alaska Commercial Fisheries Entry Commission (CFEC) Marlene A. Johnson - Juneau Appointed: 12/16/96 Expires: 07/01/99 Bruce C. Twomley - Juneau Appointed: 10/06/82 Reappointed: 08/18/88, 07/21/92, 10/11/96 Expires: 07/01/00 Board of Dental Examiners Dr. James Arneson - Kodiak Appointed: 07/19/93 Reappointed: 02/20/97 Expires: 02/01/01 Dr. James Clark - Anchorage Appointed: 04/07/95 Reappointed: 02/20/97 Expires: 02/01/01 Board of Dispensing Opticians Barbara Landi - Anchorage Appointed: 04/11/97 Expires: 06/14/98 Mary C. Seutter - Wasilla Appointed: 08/10/95 Reappointed: 05/15/96 Expires: 06/14/00 Board of Education Roy M. Nageak Sr. - Barrow Appointed: 01/02/97 Expires: 01/31/99 Marilyn Webb - Juneau Appointed: 02/10/95 Reappointed: 01/02/97 Expires: 01/31/02 Board of Fisheries Robert E. Dersham - Anchor Point Appointed: 03/03/97 Expires: 06/30/00 Larry Engel - Palmer Reappointed: 02/14/97 1997-05-09 Senate Journal Page 1865 Board of Game Michael R. Fleagle - McGrath Appointed: 10/20/96 Expires: 01/31/99 Lori T. Quakenbush - Fairbanks Appointed: 02/18/97 Expires: 01/31/00 Gregory P. Streveler - Gustavus Appointed: 10/20/96 Expires: 01/31/99 Nicole Whittington-Evans - Palmer Appointed: 02/18/97 Expires: 01/31/00 Objections were heard to the appointments of Lori T. Quakenbush, Gregory P. Streveler, and Nicole Whittington-Evans. Senator Taylor moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the appointments to the above boards with the exception of Lori T. Quakenbush, Gregory P. Streveler, and Nicole Whittington-Evans be confirmed. There being no objections, the appointees were confirmed. Senator Taylor moved that Lori T. Quakenbush be confirmed to the Board of Game. The question being: Shall Lori T. Quakenbush be confirmed to the Board of Game? The roll of the House was taken with the following result: HOUSE Board of Game Confirm - Quakenbush YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Moses, Mulder, Nicholia, Porter, Therriault, Williams Nays: Barnes, Cowdery, Hodgins, Kohring, Martin, Masek, Ogan, Phillips, Rokeberg, Ryan, Sanders, Vezey 1997-05-09 Senate Journal Page 1866 The roll of the Senate was called with the following result: SENATE Board of Game Confirm - Quakenbush YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Hoffman, Leman, Lincoln, Mackie, Parnell, Pearce, Phillips, Sharp, Torgerson, Wilken, Adams, Donley, Duncan, Miller Nays: Green, Halford, Taylor, Ward Excused: Kelly TOTALS: YEAS: 43 NAYS: 16 EXCUSED: 1 and so, Lori T. Quakenbush was confirmed. Senator Taylor moved that Gregory P. Streveler be confirmed to the Board of Game. The question being: Shall Gregory P. Streveler be confirmed to the Board of Game? The roll of the Senate was called with the following result: SENATE Board of Game Confirm - Streveler YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Green, Halford, Hoffman, Leman, Lincoln, Mackie, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Wilken, Adams, Donley, Duncan, Ellis, Miller Nays: Ward Excused: Kelly The roll of the House was taken with the following result. 1997-05-09 Senate Journal Page 1867 HOUSE Board of Game Confirm - Streveler YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Moses, Mulder, Nicholia, Porter, Rokeberg, Sanders, Therriault, Williams Nays: Barnes, Cowdery, Dyson, Green, Hodgins, Kohring, Masek, Ogan, Phillips, Ryan, Vezey TOTALS: YEAS: 47 NAYS: 12 EXCUSED: 1 and so, Gregory P. Steveler was confirmed. Senator Taylor moved that Nicole Whittington-Evans be confirmed to the Board of Game. The questions being: Shall Nicole Whittington-Evans be confirmed to the Board of Game? The roll of the House was taken with the following result: HOUSE Board of Game Confirm - Whittington-Evans YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf, Ivan, Joule, Kemplen, Kookesh, Kubina, Martin, Moses, Nicholia Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, James, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams The roll of the Senate was called with the following result. 1997-05-09 Senate Journal Page 1868 SENATE Board of Game Confirm - Whittington-Evans YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Hoffman, Lincoln, Adams, Duncan, Ellis Nays: Halford, Leman, Mackie, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken, Donley, Green, Miller Excused: Kelly TOTALS: YEAS: 20 NAYS: 39 EXCUSED: 1 and so, Nicole Whittington-Evans was not confirmed. Senator Taylor moved and asked unanimous consent that the Governors appointments to the following boards and commissions be confirmed: State Commission for Human Rights Martha L. Gore - Anchorage Appointed: 05/15/96 Expires: 01/31/01 Reverend Richard Heacock - Fairbanks Appointed: 02/20/97 Expires: 01/31/99 Kathy Wistoff - Anchorage Appointed: 02/20/97 Expires: 01/31/02 Commission on Judicial Conduct Dianne I. Brown - Anchorage Appointed: 09/11/96 Expires: 12/31/98 Ethel Staton - Sitka Appointed: 03/04/97 Expires: 12/31/00 Alaska Labor Relations Agency Robert A. Doyle - Palmer Appointed: 10/07/94 Reappointed: 08/21/96 Expires: 06/30/99 Blair Schad - Fairbanks Appointed: 08/28/96 Expires: 06/30/98 1997-05-09 Senate Journal Page 1869 Board of Marine Pilots Bernie Smith - Anchorage Appointed: 10/02/95 Reappointed: 01/02/97 Expires: 06/01/00 David Stewart - Anchorage Appointed: 02/20/97 Expires: 06/01/00 Barbara Huff Tuckness - Anchorage Appointed: 02/20/97 Expires: 06/01/99 State Medical Board Beverly Fletcher - Juneau Appointed: 08/11/95 Reappointed: 08/21/96 Expires: 08/13/00 Donald G. Hudson, D.O. - Anchorage Appointed: 08/11/95 Reappointed: 05/15/96 Expires: 04/21/00 Sarah A. Isto, M.D. - Juneau Appointed: 08/11/95 Reappointed: 11/08/96 Expires: 11/06/00 Suzanne H. Lombardi - Anchorage Appointed: 08/11/95 Reappointed: 01/02/97 Expires: 01/09/01 Donald C. Olson, M.D. - Nome Appointed: 08/11/95 Reappointed: 07/22/96 Expires: 07/08/00 Alaska Mental Health Trust Authority Board of Trustees John Malone - Bethel Appointed: 04/21/97 Expires: 03/03/02 John Pugh - Juneau Appointed: 03/03/95 Reappointed: 05/15/96 Expires: 03/03/01 Caren Robinson - Juneau Appointed: 04/21/97 Expires:03/03/00 Objections were heard to the appointments of Reverend Richard Heacock, Beverly Fletcher, Donald G. Hudson, Suzanne H. Lombardi, John Pugh, Caren Robinson. Senator Taylor moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the appointments to the above boards with the exception of Reverend Richard Heacock, Beverly Fletcher, Donald G. Hudson, Suzanne H. Lombardi, John Pugh, and Caren Robinson be confirmed. There being no objections, the appointees were confirmed. 1997-05-09 Senate Journal Page 1870 Senator Taylor moved that Reverend Richard Heacock be confirmed to the State Commission for Human Rights. The question being Shall Reverend Richard Heacock be confirmed to the State Commission for Human Rights? The roll of the Senate was called with the following result: SENATE Alaska Human Rights commission Confirm - Heacock YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Hoffman, Lincoln, Mackie, Phillips, Wilken, Adams, Duncan, Ellis Nays: Leman, Parnell, Pearce, Sharp, Taylor, Torgerson, Ward, Donley, Green, Halford, Miller Excused: Kelly The roll of the House was taken with the following result: HOUSE State Commission for Human Rights Confirm - Heacock YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Masek, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams TOTALS: YEAS: 21 NAYS: 38 EXCUSED: 1 and so, Reverend Richard Heacock was not confirmed. 1997-05-09 Senate Journal Page 1871 Senator Taylor moved that Beverly Fletcher be confirmed to the State Medical Board. The question being Shall Beverly Fletcher be confirmed to the State Medical Board? The roll was House taken with the following result: HOUSE State Medical Board Confirm - Fletcher YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hanley, Hudson, Joule, Kemplen, Kookesh, Kubina, Masek, Moses, Nicholia, Porter, Therriault, Williams Nays: Austerman, Barnes, Cowdery, Dyson, Foster, Green, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Vezey The roll of the Senate was called with the following result: SENATE State Medical Board Confirm - Fletcher YEAS: 9 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Lincoln, Mackie, Phillips, Wilken, Adams, Donley, Duncan, Ellis, Hoffman Nays: Leman, Parnell, Pearce, Sharp, Taylor, Torgerson, Ward, Green, Halford, Miller Excused: Kelly TOTALS: YEAS: 29 NAYS: 30 EXCUSED: 1 and so, Beverly Fletcher was not confirmed. 1997-05-09 Senate Journal Page 1872 Senator Taylor moved that Donald G. Hudson be confirmed to the State Medical Board. The question being Shall Donald G. Hudson be confirmed to the State Medical Board? The roll of the Senate was called with the following result: SENATE State Medical Board Confirm - Hudson YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Lincoln, Mackie, Phillips, Adams, Donley, Duncan, Ellis, Hoffman Nays: Parnell, Pearce, Sharp, Taylor, Torgerson, Ward, Wilken, Green, Halford, Leman, Miller Excused: Kelly The roll of the House was taken with the following result: HOUSE State Medical Board Confirm - Hudson YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hanley, Hudson, Joule, Kemplen, Kookesh, Kubina, Masek, Moses, Nicholia, Porter, Therriault, Williams Nays: Austerman, Barnes, Cowdery, Dyson, Foster, Green, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Vezey TOTALS: YEAS: 28 NAYS: 31 EXCUSED 1 and so, Donald G. Hudson was not confirmed. 1997-05-09 Senate Journal Page 1873 Senator Taylor moved that Suzanne H. Lombardi be confirmed to the State Medical Board. The question being Shall Suzanne H. Lombardi be confirmed to the State Medical Board? The roll of the House was taken with the following result: HOUSE State Medical Board Confirm - Lombardi YEAS: 21 NAYS: 19 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hanley, Hudson, Joule, Kemplen, Kookesh, Kubina, Masek, Moses, Nicholia, Porter, Rokeberg, Therriault, Williams Nays: Austerman, Barnes, Cowdery, Dyson, Foster, Green, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Ryan, Sanders, Vezey The roll of the Senate was called with the following result: SENATE State Medical Board Confirm - Lombardi YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Mackie, Phillips, Adams, Donley, Duncan, Ellis, Hoffman, Lincoln Nays: Parnell, Pearce, Sharp, Taylor, Torgerson, Ward, Wilken, Green, Halford, Leman, Miller Excused: Kelly TOTALS: YEAS: 29 NAYS: 30 EXCUSED: 1 and so Suzanne H. Lombard was not confirmed. 1997-05-09 Senate Journal Page 1874 Senator Taylor moved that John Pugh be confirmed to the Alaska Mental Health Trust Authority Board of Trustees. The question being Shall John Pugh be confirmed to the Alaska Mental Health Trust Authority Board of Trustees? The roll of the Senate was called with the following result: SENATE Alaska Mental Health Trust Authority Board Confirm - Pugh YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Parnell, Pearce, Phillips, Sharp, Torgerson, Wilken, Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller Nays: Taylor, Ward Excused: Kelly The roll of the House was taken with the following result: HOUSE Alaska Mental Health Trust Authority Board of Trustees Confirm - Pugh YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Therriault, Williams Nays: Cowdery, Dyson, Kohring, Martin, Ogan, Ryan, Sanders, Vezey TOTALS: YEAS: 49 NAYS: 10 EXCUSED: 1 and so, John Pugh was confirmed. 1997-05-09 Senate Journal Page 1875 Senator Taylor moved that Caren Robinson be confirmed to the Alaska Mental Health Trust Authority Board of Trustees. The question being Shall Caren Robinson be confirmed to the Alaska Mental Health Trust Authority Board of Trustees? The roll of the House was taken with the following result: HOUSE Alaska Mental Health Trust Authority Board of Trustees Confirm - Robinson YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Porter, Rokeberg, Sanders, Therriault, Williams Nays: Barnes, Cowdery, Dyson, Green, Hodgins, Kohring, Martin, Ogan, Phillips, Ryan, Vezey Barnes changed from "Yea" to "Nay". Green changed from "Yea" to "Nay". The roll of the Senate was called with the following result: SENATE Alaska Mental Health Trust Authority Board Confirm - Robinson YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Pearce, Phillips, Sharp, Torgerson, Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Parnell, Miller Nays: Taylor, Ward, Wilken Excused: Kelly TOTALS: YEAS: 45 NAYS: 14 EXCUSED: 1 1997-05-09 Senate Journal Page 1876 and so, Caren Robinson was confirmed. Senator Taylor moved and asked unanimous consent that the Governors appointments to the following boards and commissions be confirmed: Board of Certified Direct-Entry Midwives Kaye Kanne - Juneau Appointed: 07/21/92 Reappointed: 08/21/96 Expires: 07/21/00 Mark Richey - Anchorage Appointed: 02/20/97 Expires: 07/21/99 Pam Weaver - Chugiak Appointed: 07/21/92 Reappointed: 08/21/96 Expires: 07/21/00 Board of Nursing Carolyn Keil - Anchorage Appointed: 04/11/97 Expires: 03/31/01 Josephine Malemute - Fairbanks Appointed: 08/30/95 Reappointed: 05/15/96 Expires: 03/31/00 Alaska Oil and Gas Conservation Commission Robert N. Christenson - Anchorage Appointed: 04/28/97 Expires: 12/31/00 Mary Coffey Marshburn - Homer Appointed: 01/01/97 Expires: 12/31/02 Board of Examiners in Optometry William D. Faulkner, O.D. - Anchorage Appointed: 08/21/96 Expires: 06/15/00 Aharon Sternberg, O.D. - Anchorage Appointed: 08/21/96 Expires: 06/15/99 Personnel Board Katie T. Hurley - Wasilla Appointed: 08/01/96 Expires: 06/20/02 1997-05-09 Senate Journal Page 1877 Board of Pharmacy Bonnie R. Stewart - Anchorage Appointed: 01/02/97 Expires: 04/01/00 Stanley P. Thompson, R.Ph. - Anchorage Appointed: 04/09/92 Reappointed: 01/02/97 Expires: 04/01/00 State Physical Therapy and Occupational Therapy Board Dee Berline - Anchorage Appointed: 05/15/96 Expires: 01/01/00 Cary S. Keller, M.D. - Fairbanks Appointed: 10/13/92 Reappointed: 01/02/97 Expires: 09/01/00 Lawrence W. Seethaler, L.P.T. - Anchorage Appointed: 09/03/92 Reappointed: 01/02/97 Expires: 09/01/00 Objections were heard to the appointments of Mary Coffey Marshburn and Katie T. Hurley. Senator Taylor moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the appointments to the above boards with the exception of Mary Coffey Marshburn and Katie T. Hurley be confirmed. There being no objections, the appointees were confirmed. Senator Taylor moved that Mary Coffey Marshburn be confirmed to the Alaska Oil and Gas Conservation Commission. Representative Davies rose to a point of order stating the question was improperly before the Joint Session. President Miller ruled the point out of order. Representative Davies appealed the ruling of the Chair. The question being: Shall the ruling of the Chair be upheld? The roll of the Senate was called with the following result: 1997-05-09 Senate Journal Page 1878 SENATE Uphold Ruling of the Chair YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Phillips, Sharp, Taylor, Torgerson, Ward, Wilken, Donley, Green, Halford, Leman, Mackie, Parnell, Pearce, Miller Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly The roll of the House was taken with the following result: HOUSE Uphold Ruling of the Chair YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia TOTALS: YEAS 42 NAYS: 17 EXCUSED: 1 and so, the ruling of the chair was upheld. Senator Halford rose to a point of order regarding the subject of debate. Senator Halford withdrew his point of order. The question being Shall Mary Coffey Marshburn be confirmed to the Alaska Oil and Gas Conservation Commission? The roll of the House was taken with the following result: 1997-05-09 Senate Journal Page 1879 HOUSE Alaska Oil and Gas Conservation Commission Confirm - Marshburn YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Porter Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams The roll of the Senate was called with the following result: SENATE Alaska Oil and Gas Conservation Commission Confirm - Marshburn YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Sharp, Taylor, Torgerson, Ward, Wilken, Donley, Green, Halford, Leman, Mackie, Parnell, Pearce, Phillips, Miller Excused: Kelly TOTALS: YEAS: 18 NAYS: 41 EXCUSED: 1 and so, Mary Coffey Marshburn was not confirmed. Senator Taylor moved that Katie T. Hurley be confirmed to the Personnel Board. The question being: Shall Katie T. Hurley be confirmed to the Personnel Board? The roll of the Senate was called with the following result: 1997-05-09 Senate Journal Page 1880 SENATE Personnel Board Confirm - Hurley YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Torgerson, Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Mackie, Parnell, Phillips, Nays: Taylor, Ward, Wilken, Green, Halford, Leman, Pearce, Sharp, Miller Excused: Kelly Taylor changed from "Yea" to "Nay". The roll of the House was taken with the following result: HOUSE Personnel Board Confirm - Hurley YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hanley, Hudson, Joule, Kemplen, Kookesh, Kubina, Masek, Moses, Nicholia, Therriault, Williams Nays: Barnes, Cowdery, Dyson, Foster, Green, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey TOTALS: YEAS: 30 NAYS: 29 EXCUSED: 1 and so Katie T. Turley was not confirmed. Senator Taylor moved and asked unanimous consent that the Governors appointments to the following boards and commissions be confirmed: 1997-05-09 Senate Journal Page 1881 Professional Teaching Practices Commission Mary Lou Madden - Juneau Appointed: 10/07/94 Reappointed: 07/22/96 Expires: 07/01/99 Thomas L. Matheson - Dillingham Appointed: 07/23/93 Reappointed: 07/22/96 Expires: 07/01/99 Christine A. Miller - Fairbanks Appointed: 07/22/96 Expires: 07/01/99 Board of Psychologist and Psychological Associate Examiners Susan L. Baxter, M.S. - Anchorage Appointed: 08/21/96 Expires: 07/01/00 E. Ben Crawford, Ph.D. - Anchorage Appointed: 08/21/96 Expires: 07/01/98 Gail C. Shortell, Esq. - Anchorage Appointed: 07/20/95 Reappointed: 08/21/96 Expires: 07/01/00 David J. Sperbeck, Ph.D. - Anchorage Appointed: 08/21/96 Expires: 07/01/97 Alaska Public Offices Commission (APOC) Joyce Michaelson - Anchorage Appointed: 06/25/96 Expires: 02/01/01 Board of Certified Real Estate Appraisers Eileen R. Bechtol - Homer Appointed: 06/25/96 Expires: 06/30/99 Susan K. Crosson - Anchorage Appointed: 06/25/96 Expires: 06/30/98 Jon B. Wolfe - Douglas Appointed: 06/25/96 Expires: 06/30/00 Real Estate Commission Ruth Blackwell - Juneau Appointed: 08/24/95 Reappointed: 02/20/97 Expires: 01/31/01 1997-05-09 Senate Journal Page 1882 University of Alaska Board of Regents Michael J. Burns - Anchorage Appointed: 03/21/97 Expires: 02/01/05 Elsa Demeksa - Juneau Appointed: 03/21/97 Expires: 02/01/05 Annette Nelson-Wright - Juneau Appointed: 04/21/97 Effective: 06/01/97 Expires: 06/01/99 Alaska Public Utilities Commission (APUC) James M. Posey - Anchorage Appointed: 01/21/97 Expires: 10/31/02 There being no objections, the appointees were confirmed. Senator Duncan moved the body rescind its previous action in failing to confirm Katie T. Hurley to the Personnel Board. The question being: Shall the body rescind its previous action? The roll of the House was taken with the following result: HOUSE Personnel Board Confirm - Hurley Rescind Action in Failing to Confirm YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hudson, Joule, Kemplen, Kookesh, Kubina, Masek, Moses, Mulder, Nicholia, Rokeberg, Williams Nays: Barnes, Cowdery, Dyson, Foster, Green, Hanley, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Vezey Bunde changed from "Nay" to "Yea". The roll of the Senate was called with the following result: 1997-05-09 Senate Journal Page 1883 SENATE Confirm - Hurley Rescind Action in Failing to Confirm YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Mackie, Phillips Nays: Torgerson, Ward, Wilken, Green, Halford, Leman, Parnell, Pearce, Sharp, Taylor, Miller Excused: Kelly TOTALS: YEAS: 28 NAYS: 31 EXCUSED: 1 and so the action was not rescinded. Senator Taylor moved and asked unanimous consent that the Governors appointments to the following boards and commissions be confirmed: Board of Veterinary Examiners Jean Battig, DVM - Fairbanks Appointed: 04/11/97 Expires: 01/31/00 William G. Lewis - North Pole Appointed: 06/25/96 Expires: 01/31/00 James L. Morris, D.V.M. - Wasilla Appointed: 01/02/97 Expires: 01/15/01 Connie J. Sanders, D.V.M. - Anchorage Appointed: 06/25/96 Expires: 01/31/99 Violent Crimes Compensation Board Louann Cutler - Anchorage Appointed: 01/02/97 Expires: 12/15/99 Leslie D. Wheeler - Wasilla Appointed: 05/15/96 Expires: 12/15/98 1997-05-09 Senate Journal Page 1884 Alaska Workers' Compensation Board Valerie K. Baffone - Anchorage Appointed: 11/08/96 Expires: 07/01/97 John Giuchici - Fairbanks Appointed: 10/10/91 Reappointed: 07/15/93, 06/25/96 Expires: 07/01/99 Steve Hagedorn - Anchorage Appointed: 08/19/91 Reappointed: 07/01/93, 06/25/96 Expires: 07/01/99 Harriet M. Lawlor - Anchorage Appointed: 07/20/95 Reappointed: 06/25/96 Expires: 07/01/99 Shawn Pierre - Chugiak Appointed: 11/08/96 Expires: 07/01/97 There being no objections, the appointees were confirmed. Senator Taylor moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Miller adjourned the Joint Session at 2:11 p.m. AFTER RECESS IN THE SENATE The Senate reconvened at 3:15 p.m. MESSAGES FROM THE GOVERNOR HB 117 Message dated and received May 8 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE BILL NO. 117(L&C) An Act relating to boiler and pressure vessel inspection standards; relating to elevator safety and inspection standards; and providing for an effective date. 1997-05-09 Senate Journal Page 1885 HB 117 Chapter 21, SLA 1997 Effective Date: 05/09/97 HB 118 Message dated and received May 8 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 118 am An Act relating to reporting and other requirements of certain employment accidents; and providing for an effective date. Chapter 22, SLA 1997 Effective Date: 05/09/97 SB 137 Message dated and received May 8 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR SENATE BILL NO. 137(L&C) An Act exempting certain volunteer emergency medical technicians and volunteer fire fighters from state wage and hour laws; and providing for an effective date. Chapter 23, SLA 1997 Effective Date: 05/09/97 HB 138 Message dated and received May 8 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE BILL NO. 138 An Act relating to the Board of Storage Tank Assistance; and providing for an effective date. 1997-05-09 Senate Journal Page 1886 HB 138 Chapter 24, SLA 1997 Effective Date: 06/30/97 SB 143 Message dated and received May 8 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: CS FOR SENATE BILL NO. 143(RLS) An Act relating to education benefits for members of the Alaska National Guard, Alaska Naval Militia, or Alaska Territorial Guard. Chapter 25, SLA 1997 Effective Date: 08/06/97 SCR 6 Message dated and received May 8 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR SENATE CONCURRENT RESOLUTION NO. 6(HES) Relating to the Alaska Telemedicine Project. Legislative Resolve No. 22 HCR 4 Message dated and received May 8 was read, stating the Governor transmitted the engrossed and enrolled copies of the following resolution to the Lieutenant Governors Office for permanent filing: CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(JUD) Relating to records generated and maintained by the Department of Health and Social Services. Legislative Resolve No. 24 1997-05-09 Senate Journal Page 1887 MESSAGES FROM THE HOUSE SB 9 Message of May 8 was read, stating the House passed and returned: 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. The bill was referred to the Secretary for enrollment. SB 49 Message of May 8 was read, stating the House passed and returned: SENATE BILL NO. 49 An Act repealing certain filing statements and bonds for enforcement and collection of certain taxes and license fees; relating to service of process on nonresident taxpayers; and providing for an effective date. The bill was referred to the Secretary for enrollment. SB 106 Message of May 8 was read, stating the House passed and returned: SENATE BILL NO. 106 An Act relating to the bond required of a notary public. The bill was referred to the Secretary for enrollment. SB 112 Message of May 8 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 112(JUD) An Act relating to marriage licenses; and transferring responsibility for marriage licensing from judicial officers to the state registrar of vital statistics. The bill was referred to the Secretary for enrollment. 1997-05-09 Senate Journal Page 1888 HB 46 Message of May 8 was read, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 46(RES), thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 46(FIN) am S An Act relating to mining; and providing for an effective date. HB 145 Message of May 8 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 145(HES) An Act relating to certification of teachers thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 145(FIN) An Act relating to certification of teachers; and providing for an effective date. HB 151 Message of May 8 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 151(RES) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 151(RES) An Act relating to personal hunting of big game by big game guides while clients are in the field, to activities of transporters in the field, to use area registration for portions of additional guide use areas by registered guides, to oral examinations for a registered guide license or a game management unit certification, and to eligibility for big game guide licenses, game management unit certifications, or a transporter license. Message of May 8 was read, stating the House passed and transmitted for consideration: 1997-05-09 Senate Journal Page 1889 FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 16 CS FOR HOUSE CONCURRENT RESOLUTION NO. 16(FIN) BY THE HOUSE FINANCE COMMITTEE, Proposing recommendations concerning the sale of the Four Dam Pool hydroelectric facilities. was read the first time and referred to the Judiciary and Finance Committees. HB 170 CS FOR HOUSE BILL NO. 170(HES) BY THE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: An Act relating to interference with the rights of physically and mentally challenged persons; and relating to service animals during their pre-training and training period. was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. HB 265 CS FOR HOUSE BILL NO. 265(STA) am BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: An Act relating to pamphlets, publications, plans, and records of state agencies; and relating to reports to and from state agencies and the governor. was read the first time and referred to the Finance Committee. SB 55 Message of May 8 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 55(FIN) am with the following amendment: 1997-05-09 Senate Journal Page 1890 SB 55 HOUSE CS FOR CS FOR SENATE BILL NO. 55(FIN) An Act relating to the definition of certain state receipts, to state fiscal procedures, to the state budget, to agency performance reports, and to appropriation bills, eliminating the authority of a department to award a grant to a recipient other than the one named in the appropriation or allocation for the grant; and providing for an effective date. Senator Pearce moved that the Senate concur in the House amendment. Senator Pearce called the Senate. The call was satisfied. The question being: Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 55(FIN) am? The roll was taken with the following result: HOUSE CS CSSB 55(FIN) Shall the Senate Concur in the House amendment to CSSB 55(FIN) am? Effective date 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 Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 55(FIN) An Act relating to the definition of certain state receipts, to state fiscal procedures, to the state budget, to agency performance reports, and to appropriation bills, eliminating the authority of a department to award a grant to a recipient other than the one named in the appropriation or allocation for the grant; and providing for an effective date. 1997-05-09 Senate Journal Page 1891 SB 55 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. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. STANDING COMMITTEE REPORTS HB 11 The Judiciary Committee considered HOUSE BILL NO. 11 An Act relating to drivers licensing; and providing for an effective date and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 11(JUD) Signing do not pass: Senator Taylor, Chair, Senator Miller. Signing no recommendation: Senator Parnell. Fiscal note for the Senate Committee Substitute published today from Department of Administration. The bill was referred to the Finance Committee. SB 122 The Rules Committee considered CS FOR SENATE BILL NO. 122(L&C) An Act relating to unfair discrimination under a group health insurance policy for services provided by marital and family therapists; and providing for an effective date. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Miller, Torgerson. Signing no recommendation: Senator Duncan. The bill is on todays calendar. 1997-05-09 Senate Journal Page 1892 SB 159 The Rules Committee considered SENATE BILL NO. 159 An Act relating to the new business incentive program. Signing to calendar: Senator Leman, Chair, Senators Duncan, Miller, Torgerson. The bill is on todays calendar. HB 109 The Rules Committee considered CS FOR HOUSE BILL NO. 109(FIN) An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Duncan, Miller, Torgerson. The bill is on todays calendar. HB 141 The Rules Committee considered CS FOR HOUSE BILL NO. 141(RES) am An Act relating to a vessel permit moratorium for the Alaska weathervane scallop fishery; relating to management of the scallop fisheries; and providing for an effective date. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Duncan, Miller, Torgerson. The bill is on todays calendar. HB 163 The Rules Committee considered HOUSE BILL NO. 163 An Act relating to designating gamma-Hydroxybutyrate as a schedule IVA controlled substance; and providing for an effective date. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Duncan, Miller, Torgerson. The bill is on todays calendar. 1997-05-09 Senate Journal Page 1893 HB 207 The Rules Committee considered CS FOR HOUSE BILL NO. 207(JUD) An Act relating to employer drug and alcohol testing programs. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Miller, Torgerson. Signing no recommendation: Senator Duncan. The bill is on todays calendar. HB 212 The Rules Committee considered HOUSE BILL NO. 212(title am) An Act relating to determination of an established village for purposes of regulating the sale, use, and possession of alcoholic beverages; and providing for an effective date. Signing to calendar: Senator Leman, Chair, Senators Duncan, Miller, Torgerson. The bill is on todays calendar. HB 243 The Rules Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 243(RES) An Act delaying the repeal of the current law regarding subsistence use of fish and game; amending the effective date of secs. 3 and 5, ch. 1, SSSLA 1992; and providing for an effective date. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Duncan, Miller, Torgerson. The bill is on todays calendar. HB 246 The Rules Committee considered HOUSE BILL NO. 246 An Act naming the George W. Palmer Memorial Bridge. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Duncan, Taylor, Torgerson, Miller. The bill is on todays calendar. 1997-05-09 Senate Journal Page 1894 SPECIAL COMMITTEE REPORTS HB 75 The following report was received and distributed at 11:58 p.m., May 8, 1997 May 8, 1997 Mr. President: Madam Speaker: The Conference Committee with limited powers of free conference considering CS FOR HOUSE BILL NO. 75(FIN) am(brf sup maj pfld) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making an appropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date and SENATE CS FOR CS FOR HB 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 recommends that CONFERENCE CS FOR HOUSE BILL NO. 75 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 adopted. Signing the report: Senator Pearce, Chair, Senators Sharp, Adams, Representative Hanley, Chair, Representatives Therriault, Grussendorf. 1997-05-09 Senate Journal Page 1895 HB 76 The following report was received and distributed at 11:58 p.m., May 8, 1997. May 8, 1997 Mr. President: Madam Speaker: The Conference Committee with limited powers of free conference considering CS FOR HOUSE BILL NO. 76(FIN) and SENATE CS FOR CS FOR HOUSE BILL NO. 76(FIN) am S An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date recommends that CONFERENCE CS FOR HOUSE BILL NO. 76 An Act making appropriations for the operating and capital expenses of the states integrated comprehensive mental health program; and providing for an effective date be adopted. Signing the report: Senator Pearce, Chair, Senators Sharp, Adams, Representative Hanley, Chair, Representatives Therriault, Grussendorf. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 200 SENATE BILL NO. 200 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act establishing performance standards for elementary and secondary students, requiring a comprehensive system of assessment, and requiring a high school graduation examination. was read the first time and referred to the Health, Education and Social Services and Finance Committees. 1997-05-09 Senate Journal Page 1896 SB 200 Fiscal note published today from Department of Education. Governors transmittal letter dated May 7: Dear President Miller: Alaskans want the best from our public school system, including the assurance that students earning a high school diploma have mastered the skills necessary to prepare them for the work force. For that reason, I am transmitting this bill establishing educational standards for elementary and secondary students. It requires the Department of Education to set performance standards in reading, writing, and mathematics and to establish systems to assess whether those standards are being met by students in school districts throughout the state. The bill is intended to establish a comprehensive approach to testing of students. It provides for testing to occur early and often during a students years in school. In addition to expecting the most from their child, parents have a right to expect a school district to be accountable for their childs achievement, and have a right to know the child is learning and progressing. Experience from other states shows a single, stand-alone exit test at the end of a students school years is counterproductive; it does not enhance student learning, but rather sets the child up for failure. Instead, comprehensive testing should occur at the primary, intermediate, middle school, and high school levels. Testing which holds both the school district and the student accountable for educational achievement will allow reasonable goals to be accomplished. These goals include expanded parental involvement, measured student progress in basic skills, and remediation for students not reaching appropriate educational standards. 1997-05-09 Senate Journal Page 1897 SB 200 Under this bill, the Department of Education would adopt regulations establishing state performance standards for reading, writing, and mathematics and require each school district to develop a system for assessing student progress in meeting those performance standards. School districts would develop a system to provide information to parents and to students about the students progress, along with a program of remediation for those students who are not attaining the standards. The districts would also conduct developmental screening for primary students. This bill also requires the Department of Education to determine the form and content of a state graduation examination to be administered to all twelfth grade students after January1, 2003, to test proficiency in reading, writing, and mathematics. A student would be allowed to receive a high school graduation diploma if the student met the school districts requirements and passed the state examination; students who dont pass the state examination would be given a certificate of attendance, not a diploma. If the student passed the examination after retaking it, the student would then be awarded a high school diploma. Enactment of this bill into law will greatly increase the likelihood that students graduating from high schools across Alaska will be able to meet a state standard of proficiency in basic educational skills. The state is long overdue for a comprehensive system of testing to ensure minimum levels of proficiency that any public school student at any grade level anywhere in the state can attain. This is an important bill for Alaskas students and parents. Sincerely, /s/ Tony Knowles Governor 1997-05-09 Senate Journal Page 1898 SB 201 SENATE BILL NO. 201 BY SENATOR TAYLOR, entitled: An Act relating to prohibiting recovery of damages and prohibiting a remedy to a person in a civil action. was read the first time and referred to the Judiciary Committee. SB 202 SENATE BILL NO. 202 BY SENATOR DONLEY, entitled: An Act prohibiting insurer limits on free speech between an insured and certain other persons regarding automobile insurance damage claims; prohibiting certain motor vehicle liability insurance surcharges and premium increases; prohibiting an automobile insurer from requiring an insured to prepay certain costs of arbitration or mediation; relating to payment of covered loss claims by an insurer; requiring certain telephone listings by motor vehicle liability insurers; requiring certain provisions be included in a motor vehicle liability insurance policy; relating to payments made by a motor vehicle insurer for medical coverage; and amending Rules 79 and 82, Alaska Rules of Civil Procedure; and providing for an effective date. was read the first time and referred to the Judiciary Committee. SB 203 SENATE BILL NO. 203 BY SENATOR TAYLOR, entitled: An Act requiring that phonics be taught in kindergarten through third grades in the public school system. was read the first time and referred to the Health, Education and Social Services Committee. 1997-05-09 Senate Journal Page 1899 CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 154 Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 154 An Act relating to paternity determination and child support; relating to reporting of and access to financial or other information for child support purposes; making changes to laws relating to occupational, recreational, or other licenses, permits, certificates, or other authorizations issued by the state to facilitate administration of child support laws; relating to the interest rate on judgments or decrees for child support; relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; amending Rules 4, 5, 35, 52, 58, 60(b), 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective date be placed at the bottom of todays calendar. Without objection, it was so ordered. SB 159 Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 159 An Act relating to the new business incentive program be returned to the Rules Committee. Senator Ellis objected, then withdrew his objection. There being no further objections, the bill was returned to the Rules Committee. SECOND READING OF HOUSE BILLS HB 141 CS FOR HOUSE BILL NO. 141(RES) am An Act relating to a vessel permit moratorium for the Alaska weathervane scallop fishery; relating to management of the scallop fisheries; and providing for an effective date was read the second time. 1997-05-09 Senate Journal Page 1900 HB 141 Senator Halford moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 1818. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 141(RES) was adopted and read the second time. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 141(RES) be advanced to third reading? The roll was taken with the following result: SCS CSHB 141(RES) Advance from Second to Third Reading? 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, the bill failed to advance to third reading. SENATE CS FOR CS FOR HOUSE BILL NO. 141(RES) will appear on the May 10 calendar. HB 163 HOUSE BILL NO. 163 An Act relating to designating gamma- Hydroxybutyrate as a schedule IVA controlled substance; and providing for an effective date was read the second time. Senator Taylor moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Senator Ellis objected. 1997-05-09 Senate Journal Page 1901 HB 163 The question being: Shall HOUSE BILL NO. 163 be advanced to third reading? The roll was taken with the following result: HB 163 Advance from Second to Third Reading? 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, the bill failed to advance to third reading. HOUSE BILL NO. 163 will appear on the May 10 calendar. HB 212 HOUSE BILL NO. 212(title am) An Act relating to determination of an established village for purposes of regulating the sale, use, and possession of alcoholic beverages; and providing for an effective date was read the second time. HOUSE BILL NO. 212(title am) will appear on the May 10 calendar. HB 207 CS FOR HOUSE BILL NO. 207(JUD) An Act relating to employer drug and alcohol testing programs was read the second time. Senator Leman moved and asked unanimous consent for the adoption of the Labor and Commerce Senate Committee Substitute offered on page 1839. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 207(L&C) was adopted and read the second time. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. 1997-05-09 Senate Journal Page 1902 HB 207 The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 207(L&C) be advanced to third reading? The roll was taken with the following result: SCS CSHB 207(L&C) Advance from Second to Third Reading? 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, the bill failed to advance to third reading. SENATE CS FOR CS FOR HOUSE BILL NO. 207(L&C) will appear on the May 10 calendar. HB 109 CS FOR HOUSE BILL NO. 109(FIN) An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 1839. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 109(RES) was adopted and read the second time. Senators Pearce, Mackie, Taylor, Miller moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. 1997-05-09 Senate Journal Page 1903 HB 109 The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 109(RES) be advanced to third reading? The roll was taken with the following result: SCS CSHB 109(RES) Advance from Second to Third Reading? 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, the bill failed to advance to third reading. SENATE CS FOR CS FOR HOUSE BILL NO. 109 (RES) will appear on the May 10 calendar. HB 243 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 243(RES) An Act delaying the repeal of the current law regarding subsistence use of fish and game; amending the effective date of secs. 3 and 5, ch. 1, SSSLA 1992; and providing for an effective date was read the second time. Senator Taylor moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 243(RES) be advanced to third reading? The roll was taken with the following result: 1997-05-09 Senate Journal Page 1904 HB 243 CSSSHB 243(RES) Advance from Second to Third Reading? 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, the bill failed to advance to third reading. CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 243 (RES) will appear on the May 10 calendar. HB 246 HOUSE BILL NO. 246 An Act naming the George W. Palmer Memorial Bridge was read the second time. Senator Taylor moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall HOUSE BILL NO. 246 be advanced to third reading? The roll was taken with the following result: HB 246 Advance from Second to Third Reading? 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, the bill failed to advance to third reading. 1997-05-09 Senate Journal Page 1905 HB 246 HOUSE BILL NO. 246 will appear on the May 10 calendar. RECONSIDERATION OF SENATE RESOLUTIONS SCR 16 Senator Pearce requested that the reconsideration on CS FOR SENATE CONCURRENT RESOLUTION NO. 16(FIN) Urging the state executive branch administration, University of Alaska administration, and Alaska Court System administration to negotiate collective bargaining agreements that result in a net zero cost increase, be taken up. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess for the purpose of a majority caucus. Without objection, the Senate recessed at 3:58 p.m. AFTER RECESS The Senate reconvened at 5:49 p.m. Senator Wilken called the Senate. The call was satisfied.. SCR 16 Senator Taylor moved and asked unanimous consent that CS FOR SENATE CONCURRENT RESOLUTION NO. 16(FIN) be placed at the bottom of todays calendar. Without objection, it was so ordered. 1997-05-09 Senate Journal Page 1906 SECOND READING OF SENATE BILLS SB 154 Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 154 CHILD SUPPORT & PATERNITY which had been placed at the bottom of the calendar (page 1899) be taken up at this time. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 154 be placed at the bottom of the calendar. Without objection, it was so ordered. THIRD READING OF SENATE BILLS SB 114 CS FOR SENATE BILL NO. 114(JUD) am An Act relating to contributions from employee compensation for political purposes; and prohibiting certain kinds of discrimination against employees for political purposes was read the third time. Senator Taylor moved and asked unanimous consent that the Senate return to second reading for the purpose of rescinding its previous action in adopting Amendment No. 1. Without objection, the bill was returned to second reading. Senator Taylor moved that the Senate rescind its previous action in adopting Amendment No. 1. The question being: Shall the Senate rescind its previous action? The roll was taken with the following result: CSSB 114(JUD) am Rescind Previous Action YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Green, Halford, Miller, Parnell, Pearce, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Donley, Duncan, Ellis, Hoffman, Leman, Lincoln, Mackie, Phillips 1997-05-09 Senate Journal Page 1907 SB 114 Excused: Kelly and so, the Senate rescinded its previous action. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSSB 114(JUD) Second Reading Amendment No. 1 YEAS: 9 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Mackie, Phillips, Wilken Nays: Green, Halford, Leman, Miller, Parnell, Pearce, Sharp, Taylor, Torgerson, Ward Excused: Kelly Hoffman changed from Nay to Yea and so, Amendment No. 1 failed. CS FOR SENATE BILL NO. 114(JUD) was automatically in third reading. Senator Wilken moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Senator Wilken offered Amendment No. 2 : 1997-05-09 Senate Journal Page 1908 SB 114 Page 2, line 29, following AS 15.13.160.: Insert: A labor organization shall provide each employee whose dues or fees are contributed to a political action committee, at the time of employment, and each subsequent re-employment, an opportunity to request that the portion of the dues or fees that are intended to be used as a political contribution be refunded. The request is valid until revoked. The labor organization shall refund the total amount intended to be used as a political contribution, for the immediately upcoming membership year, to the employee no later than 30 days after the labor organization receives the signed payroll deduction notice from the employer. Senator Wilken moved for the adoption of Amendment No. 2. Senator Adams objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSB 114(JUD) Second Reading Amendment No. 2 YEAS: 9 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Mackie, Phillips, Wilken Nays: Green, Halford, Leman, Miller, Parnell, Pearce, Sharp, Taylor, Torgerson, Ward Excused: Kelly and so, Amendment No. 2 failed. CS FOR SENATE BILL NO. 114(JUD) was automatically in third reading. 1997-05-09 Senate Journal Page 1909 SB 114 The question being: Shall CS FOR SENATE BILL NO. 114(JUD) An Act relating to contributions from employee compensation for political purposes; and prohibiting certain kinds of discrimination against employees for political purposes pass the Senate? The roll was taken with the following result: CSSB 114(JUD) Third Reading - Final Passage YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Green, Halford, Leman, Miller, Parnell, Pearce, Sharp, Taylor, Torgerson, Ward Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Mackie, Phillips, Wilken Excused: Kelly and so, CS FOR SENATE BILL NO. 114(JUD) failed. RECONSIDERATION OF SENATE BILLS SB 114 Senator Taylor gave notice of reconsideration on CS FOR SENATE BILL NO. 114(JUD) An Act relating to contributions from employee compensation for political purposes; and prohibiting certain kinds of discrimination against employees for political purposes and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered. CS FOR SENATE BILL NO. 114(JUD) was before the Senate in third reading on reconsideration. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 114 (JUD) be returned to the Rules Committee. Without objection, it was so ordered. Senator Wilken lifted the call. 1997-05-09 Senate Journal Page 1910 RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to 7:00 p.m. Without objection, the Senate recessed at 6:19 p.m. AFTER RECESS The Senate reconvened at 7:27 p.m. Senator Parnell called the Senate. The call was satisfied. SECOND READING OF SENATE BILLS SB 154 Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 154 An Act relating to paternity determination and child support; relating to reporting of and access to financial or other information for child support purposes; making changes to laws relating to occupational, recreational, or other licenses, permits, certificates, or other authorizations issued by the state to facilitate administration of child support laws; relating to the interest rate on judgments or decrees for child support; relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; amending Rules 4, 5, 35, 52, 58, 60(b), 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective date which had been placed at the bottom of the calendar (page 1906) be taken up at this time. Without objection, SENATE BILL NO. 154 was read the second time. 1997-05-09 Senate Journal Page 1911 SB 154 Senator Sharp moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1815. Without objection, CS FOR SENATE BILL NO. 154(FIN) An Act relating to paternity determination and child support; relating to reporting of and access to financial or other information for child support purposes; making changes to laws relating to occupational, recreational, or other licenses, permits, certificates, or other authorizations issued by the state to facilitate administration of child support laws; relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; amending Rules 4, 5, 35, 52, 58, 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective date was adopted and read the second time. Senator Halford offered Amendment No. 1 : Page 2, line 2, to page 3, line 11 Delete Section 1 and replace with the following: Section 1. FINDINGS; INTENT. (a) The legislature finds that the federal requirements are unreasonable and constitutionally questionable, and the statutory changes that must be made to meet the federal requirements may do little to improve collections. These statutory changes are being made only under duress from the federal government. Senator Halford moved for the adoption of Amendment No. 1. Senator Duncan objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1997-05-09 Senate Journal Page 1912 SB 154 CSSB 154(FIN) Second Reading Amendment No. 1 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, Amendment No. 1 was adopted. Senators Halford, Torgerson offered Amendment No. 2 : Page 1, lines 1 - 8: Delete all material and insert: ""An Act making statutory changes that will be repealed on July 1, 1999, relating to paternity determination and child support; making statutory changes that will be repealed on July 1, 1999, relating to reporting of and access to financial or other information for child support purposes; making statutory changes that will be repealed on July 1, 1999, to laws relating to occupational licenses, crewmember fishing licenses, drivers' licenses, and other permits, certificates, or other authorizations issued by the state, other than recreational fishing and hunting licenses, to facilitate administration of child support laws; making statutory changes that will be repealed on July 1, 1999, relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; making statutory changes that will be repealed on July 1, 1999, relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; making statutory changes that will be repealed on July 1, 1999, providing that an obligor will be considered to be in substantial compliance with a support order or payment schedule if a court determines 1997-05-09 Senate Journal Page 1913 SB 154 that the obligor is making the best efforts possible to have no arrearages; making statutory changes that will be repealed on July1, 1999, providing that the authority of a tribunal to order that service be given to a party by first class mail applies to subsequent child support enforcement efforts by the agency with respect to that party; making statutory changes that will be repealed on July 1, 1999, allowing a party aggrieved by an order of nondisclosure of information relating to a party or a child in a child support proceeding to contest that order in a hearing when the order was based on an ex parte finding of risk; retaining existing law relating to the duty of employers and labor unions to provide employment and compensation reports to the child support enforcement agency; making statutory changes that will be repealed on July1, 1999, requiring that administrative subpoenas of the child support enforcement agency be served in the manner provided for service of liens by the agency; making statutory changes that will be repealed on July 1, 1999, requiring that administrative orders to withhold and deliver be served by the child support enforcement agency electronically or in the manner provided for service of liens by the agency; retaining existing law with respect to whether a lien arising under the child support laws of another state shall be given full faith and credit in this state; making statutory changes that will be repealed on July 1, 1999, allowing the child support enforcement agency of this or another state, but not any other person, to serve a copy of certain liens relating to child support at any time after recording of the lien; making statutory changes that will be repealed on July 1, 1999, allowing the periodic modification of child support orders without a showing of a material change in circumstances but only if the order was not modified in the three years preceding the periodic modification; making statutory changes that will be repealed on July 1, 1999, modifying the duties of the child support enforcement agency but not authorizing the agency to enter into contracts or agreements with contractors to perform some or all of the function of the agency's disbursement unit; reenacting and reinstating existing laws relating to child support and paternity determination upon the repeal of the changes made by this law on July 1, 1999; amending Rules 4, 5, 35," 1997-05-09 Senate Journal Page 1914 SB 154 Page 17, line 21, following "circumstances": Insert "if the child support order being modified on the periodic basis has not been modified or adjusted during the three years preceding the periodic modification" Page 30, lines 25 - 28: Delete all material. Renumber the following bill sections accordingly. Page 33, line 6, through page 34, line 29: Delete all material. Renumber the following bill sections accordingly. Page 35, lines 11 - 12: Delete "delivered by first class mail" Insert "served in the manner provided for service of liens under AS25.27.240" Page 42, lines 12 - 19: Delete all material. Renumber the following bill sections accordingly. Page 42, lines 21 - 22: Delete ", or a person seeking to enforce a child support obligation," Page 43, lines 8 - 9: Delete "recreational licenses or" Page 43, line 17: Delete "a recreational license, or" Page 43, lines 24 - 25: Delete "An applicant for a recreational license is not entitled to receive a temporary license under this section." 1997-05-09 Senate Journal Page 1915 SB 154 Page 43, line 29: Delete ", (s), and (t)" Insert "and (s)" Page 44, lines 2 - 3: Delete "Except for notices issued under (s) and (t) of this section regarding recreational licenses, the ªTHEß" Insert "The" Page 44, line 10: Delete ", (s), or (t)" Insert "or (s)" Page 44, line 14: Delete ", (s), or (t)" Insert "or (s)" Page 47, lines 7 - 8: Delete "a recreational license, or" Page 48, lines 21 - 26: Delete all material and insert: "* Sec. 120. AS25.27.244(q)(6) is amended to read: (6) "substantial compliance" regarding ªWITHß a support order or payment schedule ª"ß means that, with respect to a support order or a negotiated payment schedule under (g) of this section, whichever is applicable, the obligor ªEITHERß has (A) no arrearage; (B) ªOR HASß an arrearage in an amount that is not more than four times the monthly obligation under the support order or payment schedule; or (C) been determined by a court to be making the best efforts possible under the obligor's circumstances to have no arrearages under any support order or negotiated payment schedule relating to child support." 1997-05-09 Senate Journal Page 1916 SB 154 Page 48, line 27, through page 49, line 8: Delete all material. Renumber the following bill sections accordingly. Page 49, line 13: Delete "Notwithstanding any" Page 49, lines 14 - 23: Delete all material. Insert "The licensing entity for commercial crewmember fishing licenses shall print a notice on commercial crewmember fishing license forms stating the provisions of this subsection." Page 49, lines 25 - 26: Delete "or a recreational license, other than a big game hunt drawing permit," Page 49, line 30: Delete "(1) for a" Page 49, line 31, through page 50, line 2: Delete all material. Page 50, line 3: Delete "license," Page 50, lines 8 - 15: Delete all material. Page 54, lines 17 - 18: Delete "by first class mail ªIN THE MANNER PROVIDED FOR SERVICE OF LIENS UNDER AS25.27.240ß" Insert "in the manner provided for service of liens under AS25.27.240" Page 55, line 18, following "service": Insert "in any subsequent child support enforcement effort by the agency" 1997-05-09 Senate Journal Page 1917 SB 154 Page 56, line 2, following "chapter.": Insert "A person aggrieved by an order of nondisclosure issued under this section that is based on an ex parte finding is entitled on request to a formal hearing, within 30 days of when the order was issued, at which the person may contest the order." Page 60, following line 8: Insert a new subsection to read: "(c) The amendments made by other sections of this Act are repealed July 1, 1999. Each statute amended by this Act is repealed and reenacted on July 1, 1999, to read as it existed on the day before the amendment to the law under this Act took effect. Notwithstanding AS01.10.100(c), a statute repealed under (a) of this section is revived and reenacted on July 1, 1999, to read as it existed on the day before the effective date of (a) of this section. A court rule that was amended by a statute repealed or reenacted by this Act is further amended on July1, 1999, to delete the change that had been made by other sections of this Act." Page 60, line 25: Delete "as necessary to comply with federal law" Page 61, line 19: Delete "or (t)" Page 60, line 9, through page 61, line 19: Correct internal references to bill section numbers to correspond to renumbering of bill sections made necessary by this amendment. Senator Torgerson moved for the adoption of Amendment No. 2. Senator Ellis objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: 1997-05-09 Senate Journal Page 1918 SB 154 CSSB 154(FIN) am Second Reading Amendment No. 2 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, Amendment No. 2 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. 154(FIN) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 154(FIN) am An Act making statutory changes that will be repealed on July 1, 1999, relating to paternity determination and child support; making statutory changes that will be repealed on July 1, 1999, relating to reporting of and access to financial or other information for child support purposes; making statutory changes that will be repealed on July 1, 1999, to laws relating to occupational licenses, crewmember fishing licenses, drivers' licenses, and other permits, certificates, or other authorizations issued by the state, other than recreational fishing and hunting licenses, to facilitate administration of child support laws; making statutory changes that will be repealed on July 1, 1999, relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; making statutory changes that will be repealed on July 1, 1999, relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; making statutory changes that will be repealed on July 1, 1999, providing that an obligor will be considered to be in substantial compliance 1997-05-09 Senate Journal Page 1919 SB 154 with a support order or payment schedule if a court determines that the obligor is making the best efforts possible to have no arrearages; making statutory changes that will be repealed on July1, 1999, providing that the authority of a tribunal to order that service be given to a party by first class mail applies to subsequent child support enforcement efforts by the agency with respect to that party; making statutory changes that will be repealed on July 1, 1999, allowing a party aggrieved by an order of nondisclosure of information relating to a party or a child in a child support proceeding to contest that order in a hearing when the order was based on an ex parte finding of risk; retaining existing law relating to the duty of employers and labor unions to provide employment and compensation reports to the child support enforcement agency; making statutory changes that will be repealed on July1, 1999, requiring that administrative subpoenas of the child support enforcement agency be served in the manner provided for service of liens by the agency; making statutory changes that will be repealed on July 1, 1999, requiring that administrative orders to withhold and deliver be served by the child support enforcement agency electronically or in the manner provided for service of liens by the agency; retaining existing law with respect to whether a lien arising under the child support laws of another state shall be given full faith and credit in this state; making statutory changes that will be repealed on July 1, 1999, allowing the child support enforcement agency of this or another state, but not any other person, to serve a copy of certain liens relating to child support at any time after recording of the lien; making statutory changes that will be repealed on July 1, 1999, allowing the periodic modification of child support orders without a showing of a material change in circumstances but only if the order was not modified in the three years preceding the periodic modification; making statutory changes that will be repealed on July 1, 1999, modifying the duties of the child support enforcement agency but not authorizing the agency to enter into contracts or agreements with contractors to perform some or all of the function of the agency's disbursement unit; reenacting and reinstating existing laws relating to child support and paternity determination upon the repeal of the changes made by this law on 1997-05-09 Senate Journal Page 1920 SB 154 July 1, 1999; amending Rules 4, 5, 35, 52, 58, 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 154(FIN) am Third Reading - Final Passage Effective Dates Court Rule Changes YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Green, Halford, Lincoln, Taylor Excused: Kelly and so, CS FOR SENATE BILL NO. 154(FIN) 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 clauses. 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 court rule changes. Without objection, it was so ordered. RECONSIDERATION OF SENATE BILLS SB 154 Senator Pearce gave notice of reconsideration on CS FOR SENATE BILL NO. 154(FIN) am and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered. 1997-05-09 Senate Journal Page 1921 SB 154 CS FOR SENATE BILL NO. 154(FIN) am was before the Senate in third reading on reconsideration. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 154(FIN) am An Act making statutory changes that will be repealed on July 1, 1999, relating to paternity determination and child support; making statutory changes that will be repealed on July 1, 1999, relating to reporting of and access to financial or other information for child support purposes; making statutory changes that will be repealed on July 1, 1999, to laws relating to occupational licenses, crewmember fishing licenses, drivers' licenses, and other permits, certificates, or other authorizations issued by the state, other than recreational fishing and hunting licenses, to facilitate administration of child support laws; making statutory changes that will be repealed on July 1, 1999, relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; making statutory changes that will be repealed on July 1, 1999, relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; making statutory changes that will be repealed on July 1, 1999, providing that an obligor will be considered to be in substantial compliance with a support order or payment schedule if a court determines that the obligor is making the best efforts possible to have no arrearages; making statutory changes that will be repealed on July1, 1999, providing that the authority of a tribunal to order that service be given to a party by first class mail applies to subsequent child support enforcement efforts by the agency with respect to that party; making statutory changes that will be repealed on July 1, 1999, allowing a party aggrieved by an order of nondisclosure of information relating to a party or a child in a child support proceeding to contest that order in a hearing when the order was based on an ex parte finding of risk; retaining existing law relating to the duty of employers and labor unions to provide employment and compensation reports to the child support enforcement agency; making statutory changes that will be repealed on July1, 1999, requiring that administrative subpoenas of the child support enforcement agency be served in the manner provided for service of liens by the agency; making statutory changes that will be 1997-05-09 Senate Journal Page 1922 SB 154 repealed on July 1, 1999, requiring that administrative orders to withhold and deliver be served by the child support enforcement agency electronically or in the manner provided for service of liens by the agency; retaining existing law with respect to whether a lien arising under the child support laws of another state shall be given full faith and credit in this state; making statutory changes that will be repealed on July 1, 1999, allowing the child support enforcement agency of this or another state, but not any other person, to serve a copy of certain liens relating to child support at any time after recording of the lien; making statutory changes that will be repealed on July 1, 1999, allowing the periodic modification of child support orders without a showing of a material change in circumstances but only if the order was not modified in the three years preceding the periodic modification; making statutory changes that will be repealed on July 1, 1999, modifying the duties of the child support enforcement agency but not authorizing the agency to enter into contracts or agreements with contractors to perform some or all of the function of the agency's disbursement unit; reenacting and reinstating existing laws relating to child support and paternity determination upon the repeal of the changes made by this law on July 1, 1999; amending Rules 4, 5, 35, 52, 58, 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 154(FIN) am Third Reading - On Reconsideration Effective Dates Court Rule Changes YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Green, Halford, Lincoln, Taylor Excused: Kelly 1997-05-09 Senate Journal Page 1923 SB 154 and so, CS FOR SENATE BILL NO. 154(FIN) am passed the Senate on reconsideration. 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 Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the court rule changes. Without objection, it was so ordered. Senator Pearce moved and asked unanimous consent under rule 43(b) of the Uniform Rules that engrossment be waived on CS FOR SENATE BILL NO. 154(FIN) am. Without objection, it was so ordered and the bill was signed by the President and Secretary and transmitted to the House with certified amendments. SENATE BILLS IN THIRD READING RECONSIDERATION OF SENATE BILLS SB 122 CS FOR SENATE BILL NO. 122(L&C) An Act relating to unfair discrimination under a group health insurance policy for services provided by marital and family therapists; and providing for an effective date which had been returned to the Rules Committee (page 1452) was before the Senate on reconsideration. Senator Leman moved that the Senate return to second reading for the purpose of rescinding its previous action in adopting the Labor and Commerce Committee Substitute. Without objection, the bill was returned to second reading. Senator Leman moved that the Senate rescind its previous action in adopting the Labor and Commerce Committee Substitute (page 1344). Senator Mackie objected. 1997-05-09 Senate Journal Page 1924 SB 122 The question being: Shall the Senate rescind its previous action? The roll was taken with the following result: CSSB 122(L&C) Rescind previous action in adopting L&C Committee Substitute YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Leman, Lincoln, Miller, Parnell, Phillips, Taylor, Torgerson, Ward Nays: Green, Halford, Mackie, Pearce, Sharp, Wilken Excused: Kelly Sharp changed from "Yea" to "Nay". and so, the Senate rescinded its previous action. The question being: Shall the Labor and Commerce Committee Substitute be adopted? The roll was taken with the following result: CSSB 122(L&C) Second Reading Adopt L&C Committee Substitute? YEAS: 4 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Green, Halford, Mackie, Pearce Nays: Adams, Donley, Duncan, Ellis, Hoffman, Leman, Lincoln, Miller, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Kelly and so, the Labor and Commerce Committee Substitute failed to be adopted. SENATE BILL NO. 122 was automatically in third reading on reconsideration. 1997-05-09 Senate Journal Page 1925 SB 122 Senator Leman moved and asked unanimous consent for the adoption of the following Letter of Intent. Letter of Intent for SENATE BILL No. 122 AS 21.36.090(d) and Section 4, ch. 39, SLA 1993, require that no person may practice unfair discrimination against certain health care providers. However, Alaska statutes are not specific in their distinction between fair and unfair discrimination. It is the intent of the Legislature that the Division of Insurance develop regulations by January 15, 1998, to define the distinction between fair and unfair discrimination as those terms relate to the provision of services covered under a group health insurance policy that extends coverage on an expense incurred basis, or under a group service or indemnity type contract issued by a nonprofit corporation, if the service is within the scope of a providers occupational license, taking into account that unfair discrimination does not include: a) requirements imposed by an insurer for purposes of utilization review as defined by the Division; b) requirements imposed by an insurer for purposes of cost containment, as defined by the Division; and c) requirements imposed by an insurer for purposes of setting standards of clinically appropriate health care services, including professionally written screening procedures, protocols and practice guidelines appropriate to the specific profession providing the service as determined by an independent peer review. Objections were heard. The question being: Shall the Letter of Intent be adopted? The roll was taken with the following result: 1997-05-09 Senate Journal Page 1926 SB 122 SB 122 Adopt Letter of Intent? YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Pearce, Ward Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Miller, Parnell, Phillips, Sharp, Taylor, Torgerson, Wilken Excused: Kelly and so, the Letter of Intent failed. The question to be reconsidered: Shall SENATE BILL NO. 122 An Act relating to unfair discrimination under a group health insurance policy for services provided by marital and family therapists; and providing for an effective date pass the Senate? The roll was taken with the following result: SB 122 Third Reading - On Reconsideration Effective Date YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Leman, Lincoln, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Green, Halford, Mackie, Sharp Excused: Kelly Wilken changed from "Nay" to "Yea". and so, SENATE BILL NO. 122 passed the Senate on reconsideration. 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. 1997-05-09 Senate Journal Page 1927 CITATIONS Honoring - Barrow Dancers Representative(s) Joule Senator(s) Adams, Lincoln, Hoffman, Wilken, Duncan, Pearce, Sharp, Mackie, Leman, Kelly, Taylor Honoring - Skyview Panther Wrestlers, State Champions Senator(s) Ward, Lincoln, Hoffman, Wilken, Duncan, Pearce, Sharp, Mackie, Leman, Kelly, Taylor Honoring - Dante Maria Chase Foster, 1997 Truman Fellow Representative(s) Davies Senator(s) Lincoln, Hoffman, Duncan, Pearce, Sharp, Mackie, Leman, Kelly, Taylor In Memoriam - Kathleen Kathy Hutchinson Representative(s) Vezey Senator(s) Lincoln, Hoffman, Duncan, Pearce, Sharp, Mackie, Leman, Kelly, Taylor In Memoriam - Arlene E. Kuhner Representative(s) Bunde Senator(s) Donley, Duncan, Pearce, Sharp, Mackie, Kelly, Taylor In Memoriam - Tony Wasili Representative(s) Ivan Senator(s) Hoffman, Lincoln, Duncan, Pearce, Sharp, Mackie, Leman, Kelly, Taylor In Memoriam - Jimmy Evan Aloysius, Sr. Representative(s) Ivan Senator(s) Hoffman, Lincoln, Duncan, Pearce, Sharp, Mackie, Leman, Kelly, Taylor In Memoriam - Susan N. Jamison Representative(s) Ivan Senator(s) Hoffman, Lincoln, Duncan, Pearce, Sharp, Mackie, Leman, Kelly, Taylor 1997-05-09 Senate Journal Page 1928 In Memoriam - Elmer Gowdy Representative(s) Elton, Hudson Senator(s) Duncan, Lincoln, Hoffman, Pearce, Sharp, Mackie, Leman, Kelly, Taylor, R. Phillips In Memoriam - Irene Johsephine Benson Representative(s) Ogan Senator(s) Green, Halford, Lincoln, Hoffman, Duncan, Pearce, Sharp, Mackie, Leman, Kelly, Taylor Senator Taylor moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. RECESS Senator Miller moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 8:13 p.m. AFTER RECESS The Senate reconvened at 8:43 p.m. RECONSIDERATION OF SENATE RESOLUTIONS SCR 16 CS FOR SENATE CONCURRENT RESOLUTION NO. 16(FIN) Urging the state executive branch administration, University of Alaska administration, and Alaska Court System administration to negotiate collective bargaining agreements that result in a net zero cost increase, which had been placed at the bottom of the calendar (page 1905) was before the Senate on reconsideration. 1997-05-09 Senate Journal Page 1929 SCR 16 The question to be reconsidered: Shall CS FOR SENATE CONCURRENT RESOLUTION NO. 16(FIN) Urging the state executive branch administration, University of Alaska administration, and Alaska Court System administration to negotiate collective bargaining agreements that result in a net zero cost increase, pass the Senate? The roll was taken with the following result: CSSCR 16(FIN) Final Reading - on Reconsideration YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Wilken Excused: Kelly Halford changed from "Nay" to "Yea". and so, CS FOR SENATE CONCURRENT RESOLUTION NO. 16(FIN) passed the Senate on reconsideration and was referred to the Secretary for engrossment. Senator Taylor moved and asked unanimous consent that the Senate return to Standing Committee Reports. Without objection, the Senate returned to: STANDING COMMITTEE REPORTS HB 127 The Finance Committee considered CS FOR HOUSE BILL NO. 127(FIN) An Act relating to the citizen review board and panels for permanency planning for certain children in state custody; renaming the Citizens Review Panel for Permanency Planning as the Citizens Foster Care Review Board; extending the termination date of the Citizens Foster Care Review Board; relating to disclosures about certain minors; and providing for an effective date. Signing do pass: Senator Sharp, Cochair, Senators Phillips, Adams, Torgerson. Signing no recommendation: Senators Parnell, Donley. 1997-05-09 Senate Journal Page 1930 HB 127 Previous House indeterminate and fiscal notes. The bill was referred to the Rules Committee. UNFINISHED BUSINESS HCR 6 Senator Wilken, Chair, moved and asked unanimous consent that the Health, Education and Social Services Committee referral be waived on HOUSE CONCURRENT RESOLUTION NO. 6 Relating to Alcohol-Related Birth Defects Awareness Week. Without objection, the resolution was referred to the Rules Committee. HB 241 Senator Sharp, Chair, moved and asked unanimous consent that the Finance Committee referral be waived on HOUSE BILL NO. 241 am An Act relating to payment assistance for costs of residing in the Alaska Pioneers Home, and providing that certain income and assets of a resident shall be disregarded in determining payment assistance, including income from any source in an amount equal to at least $100, cash dividends and other income equal to at least $2,000 received under the Alaska Native Claims Settlement Act, a permanent fund dividend, an amount for burial expenses of the resident, the residents spouse and dependents of the resident, the primary residence of the residents spouse or a dependent of the resident, and other property equal to at least a total value of $5,000; and providing for an effective date. Without objection, the bill was referred to the Rules Committee. RECONSIDERATION OF HOUSE RESOLUTIONS HJR 34 Senator Mackie requested that the reconsideration on HOUSE JOINT RESOLUTION NO. 34 Relating to proposed regulations of the North Pacific Fishery Management Council creating a new discriminatory halibut fishery in Alaska, be taken up at this time. 1997-05-09 Senate Journal Page 1931 HJR 34 HOUSE JOINT RESOLUTION NO. 34 was before the Senate on reconsideration. The question to be reconsidered: Shall HOUSE JOINT RESOLUTION NO. 34 Relating to proposed regulations of the North Pacific Fishery Management Council creating a new discriminatory halibut fishery in Alaska, pass the Senate? The roll was taken with the following result: HJR 34 Third Reading - On Reconsideration 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, HOUSE JOINT RESOLUTION NO. 34 passed the Senate on reconsideration, was signed by the President and Secretary and returned to the House. HB 152 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 152(RLS) An Act relating to hospice care 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. 1997-05-09 Senate Journal Page 1932 ENGROSSMENT SCR 16 CS FOR SENATE CONCURRENT RESOLUTION NO. 16(FIN) Urging the state executive branch administration, University of Alaska administration, and Alaska Court System administration to negotiate collective bargaining agreements that result in a net zero cost increase, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 122 SENATE BILL NO. 122 An Act relating to unfair discrimination under a group health insurance policy for services provided by marital and family therapists; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 154 Engrossment was waived on CS FOR SENATE BILL NO. 154(FIN) am An Act making statutory changes that will be repealed on July 1, 1999, relating to paternity determination and child support; making statutory changes that will be repealed on July 1, 1999, relating to reporting of and access to financial or other information for child support purposes; making statutory changes that will be repealed on July 1, 1999, to laws relating to occupational licenses, crewmember fishing licenses, drivers licenses, and other permits, certificates, or other authorizations issued by the state, other than recreational fishing and hunting licenses, to facilitate administration of child support laws; making statutory changes that will be repealed on July 1, 1999, relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; making statutory changes that will be repealed on July 1, 1999, relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; making statutory changes that will be repealed on July 1, 1999, providing that an obligor will be considered to be in substantial compliance with a support order or payment schedule if a court determines that the obligor is making the best efforts possible to have no arrearages; 1997-05-09 Senate Journal Page 1933 SB 154 making statutory changes that will be repealed on July 1, 1999, providing that the authority of a tribunal to order that service be given to a party by first class mail applies to subsequent child support enforcement efforts by the agency with respect to that party; making statutory changes that will be repealed on July 1, 1999, allowing a party aggrieved by an order of nondisclosure of information relating to a party or a child in a child support proceeding to contest that order in a hearing when the order was based on an ex parte finding of risk; retaining existing law relating to the duty of employers and labor unions to provide employment and compensation reports to the child support enforcement agency; making statutory changes that will be repealed on July 1, 1999, requiring that administrative subpoenas of the child support enforcement agency be served in the manner provided for service of liens by the agency; making statutory changes that will be repealed on July 1, 1999, requiring that administrative orders to withhold and deliver be served by the child support enforcement agency electronically or in the manner provided for service of liens by the agency; retaining existing law with respect to whether a lien arising under the child support laws of another state shall be given full faith and credit in this state; making statutory changes that will be repealed on July 1, 1999, allowing the child support enforcement agency of this or another state, but not any other person, to serve a copy of certain liens relating to child support at any time after recording of the lien; making statutory changes that will be repealed on July 1, 1999, allowing the periodic modification of child support orders without a showing of a material change in circumstances but only if the order was not modified in the three years preceding the periodic modification; making statutory changes that will be repealed on July 1, 1999, modifying the duties of the child support enforcement agency but not authorizing the agency to enter into contracts or agreements with contractors to perform some or all of the function of the agencys disbursement unit; reenacting and reinstating existing laws relating to child support and paternity determination upon the repeal of the changes made by this law on July 1, 1999; amending Rules 4, 5, 35, 52, 58, 78, 90.1, and 90.3, 1997-05-09 Senate Journal Page 1934 SB 154 Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective date and the bill was transmitted to the House with certified amendments. HB 152 SENATE CS FOR CS FOR HOUSE BILL NO. 152(RLS) An Act relating to hospice care was engrossed, signed by the President and Secretary and returned to the House for consideration. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 10, 1997. Without objection, the Senate adjourned at 8:47 p.m. Nancy Quinto Secretary of the Senate May 1997 1997-05-09 Senate Journal Page 1935 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 MAY 09 FRIDAY 9:00 AM -- TIME CHANGED FROM 8 TO 9 AM -- HB 127FOSTER CARE REVIEW BOARD SB 192MAINTENANCE & REPAIR OF STATE VESSELS SB 182CHARTER SCHOOL ESTABLISHMENT & OPERATION BILLS PREVIOUSLY HEARD/SCHEDULED MAY 09 FRIDAY 6:45 PM HB 127FOSTER CARE REVIEW BOARD MAY 10 SATURDAY 0:00 AM -- TIME TO BE ANNOUNCED -- <BILLS PREVIOUSLY HEARD/SCHEDULED> ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAY 09 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- 1997-05-09 Senate Journal Page 1936 RULES FAHRENKAMP RM 203 MAY 10 SATURDAY 10:45 AM HB 265REPORTS & RECORDS OF & TO STATE AGENCIES <PENDING REFERRAL> HB 63AVIATION FUEL TAX EXEMPTION HB 159TOBACCO PURCHASE, POSSESSION, SALE, ETC. <PENDING REFERRAL> HB 189RESTRICT TOBACCO SALES/POSSESSION <PENDING REFERRAL> HB 11DRIVERS LICENSE REQUIREMENTS FOR MINORS <PENDING REFERRAL> HB 127FOSTER CARE REVIEW BOARD HCR 6ALCOHOL-RELATED BIRTH DEFECTS AWARENESS OTHER MEETINGS JOINT SESSION HOUSE CHAMBER MAY 09 FRIDAY 11:15 AM CONFIRMATION OF GOVERNORS APPOINTMENTS TO BOARDS AND COMMISSIONS ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM 205 MAY 09 FRIDAY 4:00 PM MAJORITY CAUCUS