Legislature(1997 - 1998)
1998-01-12 Senate Journal
Full Journal pdf1998-01-12 Senate Journal Page 2159 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday January 12, 1998 First Day Pursuant to adjournment the Senate was called to order by President Miller at 10:03 a.m. The roll showed 19 members present. Senator Pearce was absent. Senator Taylor moved and asked unanimous consent that Senator Pearce be excused from a call of the Senate from January 12 through plane time on January 19. Without objection, Senator Pearce was excused. The prayer was offered by the Chaplain, Pastor Johnny Reimer of the Douglas Island Bible Church. Senator Parnell moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our God and Heavenly Father, we come into Your presence through the merits of the Savior of the world -- Jesus Christ, the Lord. Receive our thanks for the bountiful display of Your grace even when we fail to acknowledge You as the giver. Our sins and iniquities are greater than we care to admit. We thank You that forgiveness can be ours when we repent and turn to You. We have come to the time of another Session wherein the affairs of our State and its peoples are before us. Deliver us from seeking selfish and convenient solutions and guide us to rather decide to choose that which is right and true. We need 2159 1998-01-12 Senate Journal Page 2160 wisdom, insight and discernment, for our supply of these and other qualities is quickly exhausted. Grant us the courage to view others as we wish to be seen, and to honor them as we want to be honored. In all our pursuits help us to seek Your ways rather than merely following our own inclinations. Grant us the diligence and persistence to fulfill our tasks properly as we would if You were physically present. Give us the desire to honor You in what we do and what we say. Amen. Senator Leman led the Senate in the Pledge of Allegiance. Alaskas Flag and Where Legends are Born were presented by Hobo Jim. Senator Parnell moved and asked unanimous consent that Alaskas Flag be spread in the Journal. Without objection, it was so ordered. Alaska's Flag Eight stars of gold on a field of blue, Alaska's Flag, may it mean to you The blue of the sea, the evening sky, The mountain lakes and the flowers nearby; The gold of the early sourdoughs dreams, The precious gold of the hills and streams; The brilliant stars in the Northern Sky, The "Bear," the "Dipper," and shining high, The great North Star with its steady light, O'er land and sea a beacon bright, Alaska's Flag to Alaskans dear, The simple flag of a Last Frontier. 1998-01-12 Senate Journal Page 2161 President Miller appointed Senator Torgerson and Senator Ellis to notify the Governor that the Senate was ready to do business. President Miller appointed Senator Phillips and Senator Lincoln to notify the House that the Senate was ready to do business. Certification Senator Taylor moved and asked unanimous consent that the journal for the one hundred nineteenth legislative day and the Final Supplement of the First Session of the Twentieth Legislature be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor Letter dated January 9 was read stating: Under the provisions of Article III, Section 18 of the Alaska Constitution, I am requesting the opportunity to address a Joint Session of the Twentieth Alaska State Legislature on Tuesday, January 13, at 8:00 p.m. for presentation of the State of the State Address, and Thursday, January 15, at 8:00 p.m. for presentation of the State of the Budget Address. Thank you for your cooperation in this effort. I look forward to a successful session. Sincerely, /s/ Tony Knowles Governor Messages from the House Letter dated January 9 was read stating: 1998-01-12 Senate Journal Page 2162 The House of Representatives respectfully invites the Senate to a Joint Session at 7:45 p.m. on Tuesday, January 13, and at 7:45 p.m. on Thursday, January 15 for the Governors State of the State and State of the Budget addresses. Senator Taylor moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Sessions. Without objection, it was so ordered. The Secretary was requested to notify the House. Messages dated May 11, 1997 were read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HJR 39 HOUSE JOINT RESOLUTION NO. 39 BY THE HOUSE RESOURCES COMMITTEE, Urging the United States Congress to enact legislation that prohibits the President of the United States from extending or establishing national monuments without the express authorization of the Congress. was read the first time and referred to the Resources Committee. First Reading and Reference of House Bills HB 116 CS FOR HOUSE BILL NO. 116(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to workers compensation self- insurance. 1998-01-12 Senate Journal Page 2163 HB 116 was read the first time and referred to the Labor and Commerce, Judiciary and Finance Committees. Communications Letter dated January 12 from Senator Kelly and Representative Mulder, Cochairs of the Deferred Maintenance Task Force, was read stating: The Deferred Maintenance Task Force has completed its assigned task. It adopted the attached report to the Governor and the Legislature on January 10, 1998. You will receive a formal printed copy when they are completed. The Task Force worked diligently to identify state assets with deferred maintenance needs. We have a proposal for financing the needed repairs. We have recommendations to prevent a reoccurrence of the problem we were called together to help resolve. The House and Senate Rules Committees will introduce six pieces of legislation today at the request of the Deferred Maintenance Task Force. This will begin the formal legislative discussions on addressing the deferred maintenance needs we identified. However, the current trend in oil pricing, and its future impact on the Constitutional Budget Reserve, may dictate a less ambitious approach to solving the entire problem at this time. Fiscal prudence may require the proposal to be scaled back to the most essential elements. We expect the Legislature, over the next several months, to assess this impact as it considers the legislative package. 1998-01-12 Senate Journal Page 2164 Introduction and Reference of Senate Resolutions SCR 19 SENATE CONCURRENT RESOLUTION NO. 19 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE DEFERRED MAINTENANCE TASK FORCE, Relating to the use of prototype designs in public school construction projects. was read the first time and referred to the Health, Education and Social Services and Finance Committees. Introduction and Reference of Senate Bills SB 207 SENATE BILL NO. 207 BY SENATOR WARD, entitled: An Act relating to penalties for sales or gifts of tobacco to persons under 19 years of age, to possession of tobacco by a person under 19 years of age, and to penalties on cigarette tax and tobacco tax licensees for selling or giving cigarettes or tobacco to persons under 19 years of age. was read the first time and referred to the State Affairs and Judiciary Committees. (Prefile released January 2, 1998) SB 208 SENATE BILL NO. 208 BY SENATOR PARNELL, entitled: An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas. was read the first time and referred to the Community and Regional Affairs and Judiciary Committees. (Prefile released January 2, 1998) 1998-01-12 Senate Journal Page 2165 SB 209 SENATE BILL NO. 209 BY SENATOR WARD, entitled: An Act relating to the Task Force on Privatization; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. (Prefile released January 2, 1998) SB 210 SENATE BILL NO. 210 BY SENATORS DUNCAN, Kelly, Ellis, entitled: An Act relating to electronic deposit of workers compensation benefits. was read the first time and referred to the Labor and Commerce and State Affairs Committees. (Prefile released January 2, 1998) SB 211 SENATE BILL NO. 211 BY SENATORS TAYLOR, Mackie, entitled: An Act renaming the Gravina Veterans Memorial Bridge as the Ralph M. Bartholomew Veterans Memorial Bridge. was read the first time and referred to the Transportation Committee. (Prefile released January 2, 1998) SB 212 SENATE BILL NO. 212 BY SENATOR ELLIS, entitled: An Act relating to automated teller machines. was read the first time and referred to the Labor and Commerce and Judiciary Committees. (Prefile released January 2, 1998) 1998-01-12 Senate Journal Page 2166 SB 213 SENATE BILL NO. 213 BY SENATOR DUNCAN, entitled: An Act extending the termination date of the Alaska Minerals Commission. was read the first time and referred to the Resources and Finance Committees. (Prefile released January 2, 1998) SB 214 SENATE BILL NO. 214 BY SENATORS MILLER AND GREEN, Kelly, entitled: An Act relating to the possession of a concealed deadly weapon by peace officers and chief administrative officers of local police departments; to the definition of police officer as it is defined for police standards; and providing for an effective date. was read the first time and referred to the State Affairs Committee. (Prefile released January 2, 1998) SB 215 SENATE BILL NO. 215 BY SENATOR KELLY, entitled: An Act exempting certain seasonal employees of recreational residential youth camps from minimum wage and overtime wage requirements. was read the first time and referred to the Labor and Commerce Committee. (Prefile released January 2, 1998) SB 216 SENATE BILL NO. 216 BY SENATORS HALFORD, Green, Donley, Taylor, Wilken, Leman, entitled: An Act providing for the civil commitment of sexually violent predators. 1998-01-12 Senate Journal Page 2167 SB 216 was read the first time and referred to the Judiciary and Finance Committees. (Prefile released January 9, 1998) SB 217 SENATE BILL NO. 217 BY SENATOR DUNCAN, entitled: An Act relating to the offense of selling or giving tobacco to a minor; and providing for an effective date. was read the first time and referred to the State Affairs and Judiciary Committees. (Prefile released January 9, 1998) SB 218 SENATE BILL NO. 218 BY SENATORS HALFORD, Green, Donley, Taylor, Leman, entitled: An Act relating to the crime of murder and to murder of children. was read the first time and referred to the Judiciary and Finance Committees. (Prefile released January 9, 1998) SB 219 SENATE BILL NO. 219 BY SENATORS HALFORD, Green, Donley, Taylor, Leman, entitled: An Act relating to establishing an office of crime victims advocacy; and amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence. was read the first time and referred to the Judiciary and Finance Committees. (Prefile released January 9, 1998) 1998-01-12 Senate Journal Page 2168 SB 220 SENATE BILL NO. 220 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE LEGISLATIVE BUDGET AND AUDIT COMMITTEE, entitled: An Act making a supplemental appropriation to the Alaska Permanent Fund Corporation; and providing for an effective date. was read the first time and referred to the Finance Committee. SB 221 SENATE BILL NO. 221 BY THE SENATE FINANCE COMMITTEE, entitled: An Act relating to negatively amortizing loans originated under a program approved or sponsored by the state or federal government. was read the first time and referred to the Finance Committee. SB 222 SENATE BILL NO. 222 BY THE SENATE RULES COMMITTEE, entitled: An Act naming the Robert B. Atwood Building. was read the first time and referred to the State Affairs Committee. SB 223 SENATE BILL NO. 223 BY THE SENATE RULES COMMITTEE BY REQUEST, entitled: An Act lowering the age requirement from 60 years to 55 years for purposes of senior housing programs; and repealing a provision relating to the interest rate on senior housing loans made by the Alaska Housing Finance Corporation. was read the first time and referred to the State Affairs Committee. 1998-01-12 Senate Journal Page 2169 SB 224 SENATE BILL NO. 224 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE DEFERRED MAINTENANCE TASK FORCE, entitled: An Act relating to operating appropriations for annual maintenance and repair and periodic renewal and replacement of public buildings and facilities; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. SB 225 SENATE BILL NO. 225 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE DEFERRED MAINTENANCE TASK FORCE, entitled: An Act making a special appropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund to the build Alaska fund; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. SB 226 SENATE BILL NO. 226 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE DEFERRED MAINTENANCE TASK FORCE, entitled: An Act relating to preventive maintenance programs required for certain state grants; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. 1998-01-12 Senate Journal Page 2170 SB 227 SENATE BILL NO. 227 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE DEFERRED MAINTENANCE TASK FORCE, entitled: An Act relating to the Public Facilities Financing Corporation; authorizing an advisory vote on whether the legislature should appropriate $1,500,000,000 from the constitutional budget reserve fund to capitalize the build Alaska fund; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. SB 228 SENATE BILL NO. 228 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE DEFERRED MAINTENANCE TASK FORCE, entitled: An Act authorizing projects of the Public Facilities Financing Corporation and the amount of the cost of the projects that may be borne by the Public Facilities Financing Corporation; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. Introduction of Executive Orders EO 100 EXECUTIVE ORDER NO. 100 Transferring the authentic Native handicraft identification seal program, known as the silver hand program, from the Department of Commerce and Economic Development to the Alaska State Council on the Arts within the Department of Education. 1998-01-12 Senate Journal Page 2171 EO 100 was referred to the Labor and Commerce Committee. Governors transmittal letter dated January 9: Dear President Miller: I am transmitting an Executive Order to formally transfer the authentic Native handicraft identification seal program, known as the silver hand program, from the Department of Commerce and Economic Development to the Alaska State Council on the Arts. This transfer places the program in an arm of state government more closely allied with the artistic nature of the articles that bear the program's seal. The council's general oversight of other artistic endeavors should allow for smooth integration of the administration of the silver hand program. The transfer will result in better efficiency and more knowledgeable application of the statutory provisions. I urge your support of this Executive Order to help streamline state government operations. Sincerely, /s/ Tony Knowles Governor Unfinished Business Representative Croft and Representative Ryan notified the Senate that the House was ready to do business. Announcements Announcements were published on January 8, 1998 under separate cover. 1998-01-12 Senate Journal Page 2172 Announcements are at the end of the journal. Adjournment Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 13, 1998. Without objection, the Senate adjourned at 10:30 a.m. Nancy Quinto Secretary of the Senate January 1998 1998-01-12 Senate Journal Page 2173 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 JAN 21 WEDNESDAY 9:00 AM STATE REVENUE FORECAST-CHUCK LOGSDON, DOR STATE EMPLOYMENT FORECAST-CHRIS MILLER, DOL JAN 22 THURSDAY 9:00 AM POLICIES AND PRIORITIES-CRAIG HOLT, CONSULTANT JAN 23 FRIDAY 9:00 AM CBR FUND PERFORMANCE-ROSS KINNEY, DOR RIP UPDATE AND COLLECTIVE BARGAINING REVIEW-ANNALEE MCCONNELL, OMB ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 JAN 12 MONDAY 9:00 AM NO MEETING SCHEDULED JAN 14 WEDNESDAY 9:00 AM SB 197REGULATING HEALTH MAINTENANCE ORGS. JAN 16 FRIDAY 9:00 AM HB 189RESTRICT TOBACCO SALES ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 JAN 15 THURSDAY 1:30 PM SB 198UNIFORM PARTNERSHIP ACT SB 205OCCUPATIONAL HEALTH & SAFETY AUDITS 1998-01-12 Senate Journal Page 2174 RULES FAHRENKAMP RM 203 JAN 12 MONDAY 0:00 AM -- MEETING CANCELLED -- UPON ADJOURNMENT RULES MEETING JAN 21 WEDNESDAY 0:00 AM UPON ADJOURNMENT SB 159NEW BUSINESS INCENTIVE PROGRAM JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT CAPITOL ROOM 408 JAN 14 WEDNESDAY 3:30 PM SUBCOMMITTEE FOR THE SELECTION OF THE LEGISLATIVE AUDITOR JAN 21 WEDNESDAY 3:30 PM SENATE FINANCE 532 SPECIAL AUDIT REQUESTS, PRELIMINARY AUDITS, RELEASE OF AUDITS, APPOINTMENT OF LEGISLATIVE AUDITOR OTHER MEETINGS STATE OF THE STATE HOUSE CHAMBER JAN 13 TUESDAY 8:00 PM JOINT SESSION: STATE OF THE STATE ADDRESS THE HONORABLE TONY KNOWLES, GOVERNOR JAN 14 WEDNESDAY 11:30 AM JOINT SESSION TO CONSIDER GOVERNORS VETOES STATE OF THE BUDGET JAN 15 THURSDAY 8:00 PM JOINT SESSION: STATE OF THE BUDGET ADDRESS THE HONORABLE TONY KNOWLES, GOVERNOR