Legislature(1997 - 1998)
1998-01-23 Senate Journal
Full Journal pdf1998-01-23 Senate Journal Page 2273 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Twelfth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:07 a.m. The roll showed sixteen members present. Senators Ellis, Lincoln were excused from a call of the Senate. Senators Kelly, Ward were absent. The prayer was offered by the Chaplain, Pastor Leon Thompson of Chapel by the Lake. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Creator God, in gratitude we come before You this morning. We are grateful for life, breath, intelligence, coworkers, helpers, friends and family. We acknowledge that each one of us is given breath and movement, gifts and talents, abilities and tasks. This day let us step up to the challenges that come before us with thanksgiving. When this day is complete may we look back upon it and be able to say with a clear conscience--I did my best, well done. Help each of us to act with courage and wisdom. Where there is need to confront, let us do it with a spirit of love. Where there is a need to listen, give us ears to hear. Where there is need for vision, give us eyes to see. Where there is need to speak, give us courage to proclaim the truth. Where there is need for justice, let us stand boldly. 2273 1998-01-23 Senate Journal Page 2274 This day may each of us be reminded of the prayer of serenity. God Grant me the serenity to accept the things I cannot change; the courage to change the things I can; and the wisdom to know the difference. Oh God, may the representatives in the House and Senate work for the good of all the people of this great land we call Alaska. Surround us this day with Your presence and help us to continually call upon Your strength and wisdom in all that we do. This prayer we give to You in honor of all You have done for us Creator God. Amen. Senator Hoffman led the Senate in the Pledge of Allegiance. Certification Senator Taylor moved and asked unanimous consent that the journal for the eleventh legislative day and House and Senate Joint Journal Supplement No. 12 be approved as certified by the Secretary. Without objection, it was so ordered. Communications Disclosure letters were received in accordance with AS 24.60 and will be published in Senate Journal Supplement No. 5. The following reports are on file in the Office of the Secretary of the Senate: Alaska Energy Authority Notification of Intent to Issue Bonds from D. Randy Simmons, Executive Director, Alaska Industrial Development and Export Authority, Department of Commerce and Economic Development in accordance with AS 44.83.910 1998-01-23 Senate Journal Page 2275 National Petroleum Reserve - Alaska, Impact Mitigation Program Report from Mike Irwin, Commissioner, Department of Community and Regional Affairs in accordance with AS 37.05.530(c) Standing Committee Reports SB 146 Forthcoming fiscal note (page 2249) for the Health, Education and Social Services Committee Substitute for SENATE BILL NO. 146 An Act relating to the public school funding program; relating to the definition of a school district, to the transportation of students, to school district layoff plans, to the special education service agency, to the child care grant program; imposing a school tax in the unorganized borough; and providing for an effective date published today from Department of Labor. SB 157 The Finance Committee considered SENATE BILL NO. 157 An Act establishing a childrens trust motor vehicle registration plate and recommended it be replaced with CS FOR SENATE BILL NO. 157(FIN) Signing do pass: Senator Sharp, Cochair, Senators Donley, Torgerson. Signing no recommendation: Senator Phillips. Fiscal note for the committee substitute published today from Department of Administration. The bill was referred to the Rules Committee. The presence of Senator Ward was noted. 1998-01-23 Senate Journal Page 2276 SB 214 Zero fiscal note for the State Affairs Committee Substitute (page 2251) for SENATE BILL NO. 214 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 published today from Department of Administration. SB 159 The Rules Committee considered SENATE BILL NO. 159 An Act relating to the new business incentive program. Signing to calendar: Senator Kelly, Chair, Senators Duncan, Taylor, Torgerson, Leman. Zero fiscal notes for the Labor and Commerce Committee Substitute (page 1763) published today from Department of Commerce and Economic Development (2). The bill is on todays calendar. Introduction and Reference of Senate Bills SB 253 SENATE BILL NO. 253 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to medical assistance for certain disabled persons; relating to personal care services for recipients of medical assistance; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Finance Committees. Fiscal notes published today from Health, Education and Social Services (4). 1998-01-23 Senate Journal Page 2277 SB 253 Governors transmittal letter dated January 22: Dear President Miller: It is imperative the State of Alaska offers strong incentives for people to choose employment over welfare. The bill I am transmitting today is another effort in my continued campaign to affect positive change in our public assistance system. It will prevent disabled Alaskans from having to choose between a job and health care by allowing them to buy into Medicaid coverage they may otherwise lose because of income ineligibility. The federal Balanced Budget Act of 1997 included a new state option permitting disabled persons to buy into Medicaid coverage if their family income is less than 250 percent of the official poverty line and they would, but for personal earned income, be eligible for supplemental security income. The provision also authorizes the state to require these Medicaid recipients to share the cost of coverage through premiums or other charges, on a sliding scale based on income. The premiums collected from the disabled are not expected to cover all costs associated with the additional Medicaid coverage. However, the benefits of encouraging employment, increasing productivity, and maintaining care for the disabled should outweigh cost increases to the Medicaid program. The bill also amends the definition of one of the optional medical services available to recipients of state medical assistance. The amendment, to the definition of "personal care services in a recipient's home," would allow the Department of Health and Social Services more flexibility in implementing the program and would result in a more appropriate delivery of services in this state. Before the recent change in federal law regarding Medicaid, a disabled person with a family income above the eligibility line had few, if any options for coverage of medical care. This situation provided a strong disincentive to continued employment because 1998-01-23 Senate Journal Page 2278 SB 253 medical costs for the disabled often exceeded the income that disqualified them from Medicaid coverage. This bill is an opportunity to encourage disabled Alaskans to return to work without the threat of losing vital medical coverage. Sincerely, /s/ Tony Knowles Governor SB 254 SENATE BILL NO. 254 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: An Act relating to levy, execution, garnishment, attachment, or other remedy for the collection of debt as applied to a permanent fund dividend. was read the first time and referred to the Labor and Commerce and Judiciary Committees. SB 255 SENATE BILL NO. 255 BY SENATORS KELLY, Wilken, entitled: An Act establishing the Joint Committee on Military Bases in Alaska; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. SB 256 SENATE BILL NO. 256 BY SENATOR PEARCE, entitled: An Act relating to a temporary reduction of royalty on oil and gas produced for sale from fields within the Cook Inlet sedimentary basin where production is commenced in fields that have been discovered and undeveloped or that have been shut in. 1998-01-23 Senate Journal Page 2279 SB 256 was read the first time and referred to the Resources and Finance Committees. The presence of Senator Kelly was noted. Consideration of the Calendar Second Reading of Senate Bills SB 159 SENATE BILL NO. 159 An Act relating to the new business incentive program was read the second time. Senator Leman, Chair, moved and asked unanimous consent for the adoption of the Labor and Commerce Committee Substitute offered on page 1763. Without objection, CS FOR SENATE BILL NO. 159(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. Without objection, it was so ordered. CS FOR SENATE BILL NO. 159(L&C) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 159(L&C) An Act relating to the new business incentive program pass the Senate? The roll was taken with the following result: CSSB 159(L&C) Third Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Halford, Hoffman, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Ellis, Lincoln 1998-01-23 Senate Journal Page 2280 SB 159 and so, CS FOR SENATE BILL NO. 159(L&C) passed the Senate and was referred to the Secretary for engrossment. Citations Honoring - Betty and Gerald Gugel on their 50th Wedding Anniversary Representative(s) G. Phillips Senator(s) Torgerson, Taylor, Kelly, Lincoln, Parnell, Wilken, Green, Donley, Hoffman, Duncan, Leman, Halford, Pearce, Mackie Honoring - Charles Sandberg, 1997 Realtor of the Year Representative(s) Rokeberg Senator(s) Pearce, Taylor, Kelly, Lincoln, Parnell, Green, Donley, Hoffman, Duncan, Leman, Halford, Mackie Honoring - C-Shift, Fairbanks Fire Department, Fire Fighters of the Year Representative(s) Brice Senator(s) Sharp, Wilken, Miller, Taylor, Kelly, Lincoln, Parnell, Green, Donley, Hoffman, Duncan, Leman, Halford, Pearce, Mackie In Memoriam - Andrew Chalmers Kirk Senator(s) R. Phillips, Halford, Taylor, Kelly, Lincoln, Parnell, Wilken, Green, Donley, Hoffman, Duncan, Leman, Pearce, Mackie Representative(s) Dyson, Kohring, Kott In Memoriam - Bertha K. Kvasnikoff Representative(s) G. Phillips Senator(s) Torgerson, Leman, Taylor, Kelly, Adams, Lincoln, Parnell, Wilken, Green, Donley, Hoffman, Duncan, Halford, Pearce, Mackie In Memoriam - Ordeen Jolly Jallen Representative(s) Rokeberg, Masek Senator(s) Green, Pearce, Taylor, Kelly, Lincoln, Parnell, Wilken, Donley, Hoffman, Duncan, Leman, Halford, Mackie 1998-01-23 Senate Journal Page 2281 In Memoriam - David P. Hutchens Representative(s) Brice Senator(s) Sharp, Wilken, Miller, Taylor, Kelly, Lincoln, Parnell, Green, Donley, Hoffman, Phillips, Duncan, Leman, Halford, Pearce, Mackie In Memoriam - Carl Bumpy Larson Senator(s) Hoffman, Adams, Lincoln, Taylor, Kelly, Parnell, Wilken, Green, Donley, Duncan, Leman, Halford, Pearce, Mackie Representative(s) Ivan, Moses 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. Unfinished Business HB 170 Senators Wilken, Leman, Taylor moved and asked unanimous consent that they be shown as cross sponsors on CS FOR HOUSE BILL NO. 170(HES) An Act relating to interference with the rights of physically and mentally challenged persons; and relating to service animals during their training period. Without objection, it was so ordered. Reconsideration of Senate Bills SB 110 Senator Mackie requested that the reconsideration on CS FOR SENATE BILL NO. 110(L&C) An Act relating to licensure of landscape architects; relating to exemptions from laws regulating the practice of architecture, engineering, and land surveying; and relating to fees collected by the Board of Registration for Architects, Engineers, and Land Surveyors be taken up. The bill was before the Senate on reconsideration. Senator Halford moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. There being no objection, the bill was returned to second reading. 1998-01-23 Senate Journal Page 2282 SB 110 Senators Halford and Mackie offered Amendment No. 1 : Page 12, line 6 - 8: Delete all material, and insert: (b) The requirement to be registered as a landscape architect under this chapter only applies to a person who practices an aspect of landscape architecture that the board has determined affects the public health or safety. Senator Halford moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, it was so ordered. CS FOR SENATE BILL NO. (110)(L&C) am was automatically in third reading. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 110(L&C) am An Act relating to licensure of landscape architects; relating to exemptions from laws regulating the practice of architecture, engineering, and land surveying; and relating to fees collected by the Board of Registration for Architects, Engineers, and Land Surveyors pass the Senate? The roll was taken with the following result: CSSB 110(L&C) am Third Reading - On Reconsideration YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Halford, Hoffman, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Ellis, Lincoln and so, CS FOR SENATE BILL NO. 110(L&C) am passed the Senate on reconsideration and was referred to the Secretary for engrossment. 1998-01-23 Senate Journal Page 2283 Announcements Announcements are at the end of the journal. Engrossment SB 110 CS FOR SENATE BILL NO. 110(L&C) am An Act relating to licensure of landscape architects; relating to exemptions from laws regulating the practice of architecture, engineering, and land surveying; and relating to fees collected by the Board of Registration for Architects, Engineers, and Land Surveyors was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 159 CS FOR SENATE BILL NO. 159(L&C) An Act relating to the new business incentive program was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 26, 1998. Without objection, the Senate adjourned at 11:55 a.m. Nancy Quinto Secretary of the Senate January 1998 1998-01-23 Senate Journal Page 2284 Announcements Americans with Disabilities Act Notice - Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. SENATE STANDING COMMITTEES + indicates teleconference COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 JAN 26 MONDAY 0:00 AM NO MEETING SCHEDULED JAN 28 WEDNESDAY 0:00 AM NO MEETING SCHEDULED JAN 30 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 JAN 23 FRIDAY 8:45 AM -- TIME CHANGE -- + STATE EMPLOYMENT REPORT-CHRIS MILLER AND JOHN BOUCHER, DEPT. OF LABOR + CBR FUND PERFORMANCE-ROSS KINNEY, DEPT. OF REVENUE + RIP UPDATE-ANNALEE MCCONNELL, OMB + COLLECTIVE BARGAINING REVIEW-MARK BOYER, DEPT. OF ADMINISTRATION + SB 36PUBLIC SCHOOL FUNDING + SB 142REGIONAL EDUCATIONAL ATTENDANCE AREAS + SB 193ADMINISTRATIVE SPENDING LIMIT FOR SCHOOLS + SB 146PUBLIC SCHOOL FUNDING/CHILD CARE GRANTS 1998-01-23 Senate Journal Page 2285 FINANCE CONTINUED JAN 26 MONDAY 9:00 AM + HB 265REPORTS & RECORDS OF & TO STATE AGENCIES + SB 221NEGATIVELY AMORTIZING LOANS SB 209TASK FORCE ON PRIVATIZATION + SB 220APPROP: AK PERMANENT FUND CORP. <PREVIOUSLY SCHEDULED BILLS> JAN 27 TUESDAY 8:00 AM -- TIME CHANGE -- + OMB OVERVIEW FY99 OPERATING BUDGET + SB 229APPROPRIATIONS: OPERATING BUDGET + SB 230APPROPRIATION: MENTAL HEALTH PROGRAM JAN 28 WEDNESDAY 9:00 AM + OMB OVERVIEW FY99 CAPITAL BUDGET + SB 231APPROPS:CAPITAL/REAPPROP/FUNDS/OPERATING + SB 230APPROPRIATION: MENTAL HEALTH PROGRAM JAN 29 THURSDAY 8:00 AM HOUSE FINANCE 519 -- TIME CHANGE AND LOCATION CHANGE-- SENATE FINANCE IS SPONSORING A FORUM OF PERMANENT FUND MANAGERS WHO WILL GIVE A CAPITAL MARKETS OUTLOOK FOR 1998 ALL LEGISLATORS ARE INVITED TO ATTEND JAN 29 THURSDAY 9:00 AM <PREVIOUSLY SCHEDULED BILLS> JAN 30 FRIDAY 9:00 AM <PREVIOUSLY SCHEDULED BILLS> ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 JAN 23 FRIDAY 9:00 AM + HB 170SERVICE ANIMALS FOR PHYS/MENT. CHALLENGED JAN 26 MONDAY 0:00 AM NO MEETING SCHEDULED 1998-01-23 Senate Journal Page 2286 HEALTH, EDUCATION & SOCIAL SERVICES CONTINUED JAN 28 WEDNESDAY 9:00 AM SCR 19PROTOTYPE SCHOOL DESIGN HB 189RESTRICT TOBACCO SALES JAN 30 FRIDAY 9:00 AM SB 181ABORTION COSTS: GENERAL RELIEF/PARENTS SCR 14PARITY FOR MENTAL HEALTH TASK FORCE ---------------------------------------- JUDICIARY BELTZ ROOM 211 JAN 23 FRIDAY 0:00 AM NO MEETING SCHEDULED JAN 26 MONDAY 1:30 PM + SB 242FORFEIT GOOD TIME OF SOME SEX OFFENDERS JAN 28 WEDNESDAY 2:00 PM -- TIME CHANGE -- + SB 219OFFICE OF VICTIMS ADVOCACY <CONTINUED FROM 1/21/98> ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 JAN 27 TUESDAY 1:30 PM + SB 195COMMON LAW LIENS + SB 235BOARD OF CERTIFIED REAL ESTATE APPRAISERS JAN 29 THURSDAY 1:30 PM + SB 254LEVY ON PERMANENT FUND DIVIDEND ---------------------------------------- RESOURCES BUTROVICH ROOM 205 JAN 23 FRIDAY 0:00 AM NO MEETING SCHEDULED JAN 26 MONDAY 0:00 AM NO MEETING SCHEDULED 1998-01-23 Senate Journal Page 2287 RESOURCES CONTINUED JAN 28 WEDNESDAY 3:30 PM SJR 33SUPPORT AMERICAN FISHERIES ACT <BILLS PREVIOUSLY HEARD/SCHEDULED> JAN 30 FRIDAY 3:30 PM BRIEFING: WATERWAY MANAGEMENT ISSUES ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 JAN 27 TUESDAY 3:30 PM -- RESCHEDULED FROM 01/22/98 -- + SB 223SENIOR HOUSING JAN 29 THURSDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 JAN 27 TUESDAY 0:00 AM NO MEETING SCHEDULED JAN 29 THURSDAY 1:30 PM SB 251NAMING HERMAN LEIRER ROAD SB 211RENAMING VET MEM BRIDGE IN KETCHIKAN JOINT COMMITTEES SELECT CMTE ON LEGISLATIVE ETHICS BELTZ ROOM 211 JAN 30 FRIDAY 8:15 AM EXECUTIVE SESSION OTHER MEETINGS MISCELLANEOUS MEETINGS HOUSE FINANCE 519 JAN 29 THURSDAY 8:00 AM SENATE FINANCE IS SPONSORING A FORUM OF PERMANENT FUND MANAGERS WHO WILL GIVE A CAPITAL MARKETS OUTLOOK FOR 1998 ALL LEGISLATORS ARE INVITED TO ATTEND