Legislature(1997 - 1998)
1998-01-14 Senate Journal
Full Journal pdf1998-01-14 Senate Journal Page 2187 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Third Day Pursuant to adjournment the Senate was called to order by President Miller at 11:02 a.m. The roll showed nineteen members present. Senator Pearce was excused from a call of the Senate. The prayer was offered by the Chaplain, Johnny Reimer of the Douglas Island Bible Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our God and Heavenly Father, we present ourselves before You this morning to report for duty. We are Your servants, we are the people of Your pasture. Shepherd us according to Your will and purpose. Give us the grace to follow and submit to Your purposes. We seek wisdom and understanding to take care of our tasks properly. We need patience and love as we work with one another. Remind us that we have not been called to see through one another but to see one another through. Help us to take our eyes off of ourselves, to look above and beyond the difficulties that face us and fix them on the goal before us. Give us discernment so we can see the difference between being steadfast and being stubborn. Help us to use our individuality to contribute to the benefit of all rather than ignoring the abilities of others. 2187 1998-01-14 Senate Journal Page 2188 We seek Your strength to overcome damaging temptations; Your forgiveness for failure; Your courage to face the unknown; Your compassion for the aches and hurts of those around us; and Your vision to see beyond the situations of this moment. In the name of Christ our Lord. Amen. Senator Halford led the Senate in the Pledge of Allegiance. Certification Senator Taylor moved and asked unanimous consent that the journal for the second legislative day and House and Senate Joint Journal Supplement No. 10 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 11:04 a.m. After Recess Joint Session 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 11:34a.m. The purpose of the Joint Session was to consider the Governors vetoes. The roll of the Senate was called and showed nineteen members present. Senator Pearce was excused. The roll of the House was taken and showed thirty-nine members present. Representative Moses was excused. 1998-01-14 Senate Journal Page 2189 SB 141 Senator Taylor moved that HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H An Act relating to permits to carry concealed handguns; and relating to the possession of firearms become law notwithstanding the Governors veto. The question being: Shall HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H become law notwithstanding the Governors veto? The roll of the House was taken with the following result: HCS CSSB 141(FIN) am H Override Veto HOUSE YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Davies, Elton, Joule, Kemplen, Kookesh, Kubina, Nicholia Excused: Moses The roll of the Senate was called with the following result: HCS CSSB 141(FIN) am H Override Veto SENATE YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Mackie, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken, Miller Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Pearce TOTALS: YEAS: 45 NAYS: 13 EXCUSED: 2 1998-01-14 Senate Journal Page 2190 SB 141 and so, the Governors veto of HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H An Act relating to permits to carry concealed handguns; and relating to the possession of firearms was overridden and the engrossed and enrolled copies were returned to the Office of the Governor at 2:20 p.m., January 14, 1998. Senator Taylor moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Miller adjourned the Joint Session at 12:21 p.m. After Recess In the Senate The Senate reconvened at 1:04 p.m. Communications The following reports are on file in the Office of the Secretary of the Senate: Recreation Preference Survey, October 1997, State of Alaska, Division of Parks from Commissioner John Shively, Department of Natural Resources in accordance with AS41.21.020 Alaska State Pension Investment Board, 1997 Annual Report of Investments, Public Employees Retirement Trust Fund from Deputy Commissioner Ross A. Kinney, Department of Revenue in accordance with AS 37.10.071 Alaska Judicial Council Report to the Alaska Legislature on Alternative Dispute Resolution in the Alaska Court System from William T. Cotton, Executive Director in accordance with Chapter 26, SLA 1997 President Miller referred the report to the Judiciary Committee. 1998-01-14 Senate Journal Page 2191 HCR 8 Pursuant to the following: HOUSE CONCURRENT RESOLUTION NO. 8 Creating the Deferred Maintenance Task Force. the following completed report, which had been received in draft form on January 12, was received: Alaska State Legislature Deferred Maintenance Task Force Building Alaska for the 21st Century Senator Kelly and Representative Mulder, Cochairs Introduction and Reference of Senate Resolutions SJR 31 SENATE JOINT RESOLUTION NO. 31 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, Proposing an amendment to the Constitution of the State of Alaska authorizing a priority for subsistence uses of renewable natural resources that is based on place of residence; and providing for an effective date. was read the first time and referred to the Resources, Judiciary and Finance Committees. Fiscal note published today from Office of the Governor. Governors transmittal letter dated January 14: Dear President Miller: This joint resolution calling for a vote on a state constitutional amendment is the key element in a plan that offers a solution to Alaska's longstanding subsistence dilemma. Taken in conjunction with a companion bill I also present today on behalf of Alaskans and the subsistence task force, and with amendments to the Alaska National 1998-01-14 Senate Journal Page 2192 SJR 31 Interest Lands Conservation Act (ANILCA) passed by Congress in 1997, this measure will enable the state to regain and retain complete management of fish and wildlife on all land and water in Alaska. This comprehensive solution to the subsistence question is the result of the outstanding work of a bipartisan task force made up of public and private members I convened last summer. These Alaska leaders joined me in developing an approach which not only enables the state to regain subsistence management of fish and wildlife, but also recognizes the paramount importance of the subsistence lifestyle to Alaskans. The task force members included Lt. Governor Fran Ulmer, Senate President Mike Miller, House Speaker Gail Phillips, former Governor Jay Hammond, former Attorney General Charlie Cole and Byron Mallott, Executive Director of the Permanent Fund Corporation and myself. Working together, we agreed the best approach was to adhere to the original intent of ANILCA, not to expand or diminish its fundamental provisions, and to recommend only those changes in current federal and state law absolutely necessary to affect the original purposes. The attached joint resolution allows the people of the state to vote to amend the Alaska Constitution. Under this constitutional amendment, the Legislature could establish a priority for subsistence uses of fish and game based on a person's place of residence. The task force designed its three-part package--the constitutional amendment, state statutory changes, and amendments to ANILCA--to be interdependent. Neither the statutory changes presented in the companion bill, nor the already-approved amendments to ANILCA, will take effect unless the voters adopt this constitutional amendment. Giving Alaskans an opportunity to make their contribution to solving the dilemma by voting on the amendment is critical. I urge the Legislature to demonstrate its faith in Alaskans by considering and passing this resolution. Sincerely, /s/ Tony Knowles Governor 1998-01-14 Senate Journal Page 2193 SJR 32 SENATE JOINT RESOLUTION NO. 32 BY SENATOR DUNCAN, Relating to a proposed moratorium on the building of roads in the roadless areas of national forests. was read the first time and referred to the Resources Committee. Introduction and Reference of Senate Bills The following bill numbers have been reserved for: Operating Budget SB 229 Mental Health Budget SB 230 Capital Budget SB 231 SB 232 SENATE BILL NO. 232 BY SENATOR PARNELL, entitled: An Act relating to electronic signatures, electronic records, requirements for records, and the reproduction of public records. was read the first time and referred to the Labor and Commerce and Judiciary Committees. SB 233 SENATE BILL NO. 233 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: An Act extending the termination date of the Alcoholic Beverage Control Board. was read the first time and referred to the Labor and Commerce and Finance Committees. SB 234 SENATE BILL NO. 234 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: 1998-01-14 Senate Journal Page 2194 SB 234 An Act extending the termination date of the Board of Governors of the Alaska Bar Association. was read the first time and referred to the Judiciary and Finance Committees. SB 235 SENATE BILL NO. 235 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: An Act extending the termination date of the Board of Certified Real Estate Appraisers. was read the first time and referred to the Labor and Commerce and Finance Committees. SB 236 SENATE BILL NO. 236 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: An Act extending the termination date of the Citizens Advisory Commission on Federal Areas in Alaska; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. SB 237 SENATE BILL NO. 237 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: An Act extending the termination date of the Council on Domestic Violence and Sexual Assault. was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 238 SENATE BILL NO. 238 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: 1998-01-14 Senate Journal Page 2195 SB 238 An Act extending the termination date of the Board of Certified Direct-Entry Midwives. was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 239 SENATE BILL NO. 239 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act establishing a priority for subsistence uses of fish and wildlife that is based on place of residence; relating to the management and taking of fish and wildlife for subsistence uses; relating to certain definitions for the fish and game code; 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 first time and referred to the Resources, Judiciary and Finance Committees. Fiscal notes published today from Department of Fish and Game (6). Zero fiscal note published today from Department of Public Safety. Governors transmittal letter dated January 14: Dear President Miller: On behalf of Alaskans and the subsistence task force, I am transmitting this bill providing for changes to our subsistence statutes. This is a companion bill to the joint resolution I am also sending you today calling for a statewide vote on a constitutional amendment allowing a subsistence priority. Together, these measures will enable the state to regain subsistence management of fish and wildlife in areas of Alaska now managed by the federal government, and to recognize the paramount importance of the subsistence way of life to Alaskans. 1998-01-14 Senate Journal Page 2196 SB 239 A main feature of the subsistence provisions of the federal Alaska National Interest Lands Conservation Act (ANILCA) is giving rural residents of Alaska a priority for subsistence uses of fish and wildlife on federal land. If state law mirrors that priority on state land, the state can manage fish and wildlife, for subsistence and all other uses, on all lands and waters within its borders. Without an amendment to the Alaska Constitution that would allow such a priority, however, the Legislature does not have the power to pass a state statute that is consistent with ANILCA requirements. The federal government would retain management of subsistence uses on federal lands and take over management on certain waters next winter. The bill would also make other beneficial changes to our subsistence law. For example, it would establish a system of regional councils to ensure that Alaskans can participate in decision-making that affects fish and wildlife subsistence resources near where those Alaskans live. It would also clarify the definitions of several terms in the subsistence statutes, including "customary and traditional." Finally, the bill would enable a state resident to hunt and fish for subsistence resources while holding a proxy given by a family member or other person who qualifies for the subsistence priority under state law. This proposed bill and accompanying constitutional amendment were crafted by a task force I appointed to find a solution to our longstanding subsistence problem. Joining me on the task force were Lt. Governor Fran Ulmer, House Speaker Gail Phillips, Senate President Mike Miller, former Governor Jay Hammond, former Attorney General Charlie Cole, and Byron Mallott, Executive Director of the Permanent Fund Corporation. We agreed the best approach was a package that relied on three pieces working together: the constitutional amendment, state statutory changes, and amendments to ANILCA, which Congress has already passed. Neither the statutory amendments nor the ANILCA amendments will go into effect until the voters approve the constitutional amendment. Time is of the essence in solving this issue if we are to regain management of our resources on federal land. The current state subsistence law sunsets October 1998 and will be replaced by the 1986 law, which was found unconstitutional in McDowell v. State, 785 P.2d 1 (Alaska 1989). This bill postpones the sunset for one more year, allowing time to vote on the constitutional amendment this November. 1998-01-14 Senate Journal Page 2197 SB 239 Meanwhile, this bill would allow the Board of Fisheries and Board of Game to immediately begin adopting appropriate regulations so they would be ready when the substantive provisions of the bill take effect. Regaining subsistence management requires Alaskans to amend the state constitution and to enact laws that are consistent with ANILCA's provisions. Passage of this bill is a necessary step toward that goal. I urge your prompt consideration. Sincerely, /s/ Tony Knowles Governor Consideration of the Calendar Citations Honoring - Ester Perman and the North Star Community Council Representative(s) Croft Senator(s) Ellis, Green, Donley, Leman, Duncan, Kelly, Taylor, Mackie, Lincoln Senator Taylor moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Unfinished Business Senator Kelly, Rules Committee Chair, introduced the 1998 Chamber Staff as follows: Sergeant at Arms Ethan Falatko Assistant Sergeant at Arms Amanda Hoffer 1998-01-14 Senate Journal Page 2198 Senate Pages Naomi Akers Chris Blalock Bree Daniel Ian Fisk Christa McMullen Senator Halford moved and asked unanimous consent that he be excused from a call of the Senate on January 16. Without objection, Senator Halford was excused. Senator Kelly moved and asked unanimous consent that he be excused from a call of the Senate on January 16. Without objection, Senator Kelly was excused. Senator Duncan moved and asked unanimous consent that he be excused from a call of the Senate on January 30. Without objection, Senator Duncan was excused. Senator Adams moved and asked unanimous consent that he be excused from a call of the Senate from January 16 through plane time on January 20. Without objection, Senator Adams was excused. Announcements 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 15, 1998. Without objection, the Senate adjourned at 1:16 p.m. Nancy Quinto Secretary of the Senate January 1998 1998-01-14 Senate Journal Page 2199 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 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 <BILL POSTPONED> + SB 205OCCUPATIONAL HEALTH & SAFETY AUDITS ---------------------------------------- 1998-01-14 Senate Journal Page 2200 RULES FAHRENKAMP RM 203 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 BUDGET JAN 15 THURSDAY 8:00 PM JOINT SESSION: STATE OF THE BUDGET ADDRESS THE HONORABLE TONY KNOWLES, GOVERNOR