Legislature(1997 - 1998)
1998-02-06 Senate Journal
Full Journal pdf1998-02-06 Senate Journal Page 2417 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Twenty-sixth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:03 a.m. The roll showed eighteen members present. Senators Hoffman, Lincoln were excused from a call of the Senate. The prayer was offered by the Chaplain, Reverend Paul Beran of the Resurrection Lutheran Church. Senator Duncan moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Gracious Father, Your love and patience to us are more than we can fathom: the gift of life for a new day, responsibilities that summon our best, forgiveness in Jesus Christ for the many times we have fallen short, and another day of dazzling beauty. Lord, oft-times we face relentless pressures. The interests of our people push in upon us. We want to be responsible, respected, even liked. We desire to make the right decisions, yet so often the glass is clouded, the issues mixed, our vision limited. We ask of You, Holy Father, to grant us all that we need. Help us to separate greed from need, words from reality, numbers from the faces of real people which You have made. Give us wisdom that we might be Your faithful servants this day. In the name of Him Who came not to be served but to serve, Jesus Christ. Amen. Senator Pearce led the Senate in the Pledge of Allegiance. 2417 1998-02-06 Senate Journal Page 2418 Certification Senator Taylor moved and asked unanimous consent that the journal for the twenty-fifth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Communications The following reports are on file in the Office of the Secretary of the Senate: Alaska Commercial Fishing & Agriculture Bank 1997 Annual Report from Edward E. Crane, President in accordance with AS 44.81.200 Citizens' Advisory Commission on Federal Areas 1997 Annual Report from Stan Leaphart, Executive Director in accordance with AS 41.37.080(f) The following notification of availability was received: Annual Report of State Loans Administered by Department of Commerce and Economic Development and Annual Report on Reinstatements from Deborah B. Sedwick, Commissioner in accordance with AS 37.05.035 and AS 16.10.350(b) Standing Committee Reports SCR 19 The Health, Education and Social Services Committee considered SENATE CONCURRENT RESOLUTION NO. 19 Relating to the use of prototype designs in public school construction projects, and recommended it be replaced with CS FOR SENATE CONCURRENT RESOLUTION NO.19(HES) 1998-02-06 Senate Journal Page 2419 SCR 19 Signing do pass: Senator Wilken, Chair, Senator Ward. Signing no recommendation: Senators Ellis, Green. Signing amend: Senator Leman. Indeterminate fiscal note for the resolution and the committee substitute published today from Department of Education. The resolution was referred to the Finance Committee. SCR 21 The Health, Education and Social Services Committee considered SENATE CONCURRENT RESOLUTION NO. 21 Relating to declaring March 1998 as Sobriety Awareness Month. Signing do pass: Senator Wilken, Chair, Senators Leman, Ward, Green. Zero fiscal note published today from the Health, Education and Social Services Committee. The resolution was referred to the Rules Committee. SB 224 The State Affairs Committee considered SENATE BILL NO. 224 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. Signing no recommendation: Senator Green, Chair, Senator Ward. Signing do pass: Senators Miller, Mackie. Zero fiscal notes published today from Office of the Governor, Department of Education. The bill was referred to the Finance Committee. SB 225 The State Affairs Committee considered SENATE BILL NO. 225 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. Signing no recommendation: Senator Green, Chair, Senator Ward. Signing do pass: Senators Miller, Mackie. 1998-02-06 Senate Journal Page 2420 SB 225 Fiscal note published today from Department of Revenue. The bill was referred to the Finance Committee. SB 227 The State Affairs Committee considered SENATE BILL NO. 227 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 and recommended it be replaced with CS FOR SENATE BILL NO. 227(STA) Signing no recommendation: Senator Green, Chair, Senator Ward. Signing do pass: Senators Miller, Mackie. Fiscal notes for the bill published today from Department of Revenue, Office of the Governor. Fiscal note information forthcoming. The bill was referred to the Finance Committee. SB 228 The State Affairs Committee considered SENATE BILL NO. 228 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. Signing no recommendation: Senator Green, Chair, Senator Ward. Signing do pass: Senators Miller, Mackie. The bill was referred to the Finance Committee. SB 241 The Health, Education and Social Services Committee considered SENATE BILL NO. 241 An Act relating to a tax credit program for postsecondary colleges or universities; and providing for an effective date. Signing no recommendation: Senator Wilken, Chair, Senator Ellis. Signing do pass: Senators Leman, Ward, Green. 1998-02-06 Senate Journal Page 2421 SB 241 Fiscal note published today from Department of Revenue. Zero fiscal note published today from University of Alaska. The bill was referred to the Finance Committee. SB 261 The State Affairs Committee considered SENATE BILL NO. 261 An Act relating to the Special Olympics World Winter Games to be held in Anchorage in the year 2001; establishing a reserve fund for the games; providing certain duties and authority for the Alaska Industrial Development and Export Authority regarding financing for those games; and providing for an effective date. Signing do pass: Senator Green, Chair, Senators Miller, Ward, Mackie. Zero fiscal note published today from Department of Commerce and Economic Development. The bill was referred to the Finance Committee. SB 223 The Rules Committee considered SENATE BILL NO. 223 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 and recommended it be replaced with CS FOR SENATE BILL NO. 223(RLS) An Act lowering the age requirement from 60 years to 55 years for purposes of senior housing programs; relating to the senior housing revolving fund; relating to bonds to fund senior housing loans; repealing provisions establishing the senior housing bond account of the Alaska Housing Finance Corporation; and repealing a provision relating to the interest rate on senior housing loans made by the Alaska Housing Finance Corporation. Signing to calendar: Senator Kelly, Chair, Senators Taylor, Leman. Previous zero fiscal note applies to the committee substitute. 1998-02-06 Senate Journal Page 2422 SB 223 The bill is on todays calendar. Introduction and Reference of Senate Resolutions SCR 22 SENATE CONCURRENT RESOLUTION NO. 22 BY SENATORS MILLER, Pearce, Ellis, Phillips Relating to promotion of Kids Voting Alaska programs. was read the first time and referred to the State Affairs Committee. Introduction and Reference of Senate Bills SB 212 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 212 BY SENATOR ELLIS, entitled: An Act relating to automated teller machines and to night deposit facilities; and providing for an effective date. (new title) was read the first time and referred to the Labor and Commerce and Judiciary Committees. SB 279 SENATE BILL NO. 279 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to the financing authority, programs, operations, and projects of the Alaska Industrial Development and Export Authority; and providing for an effective date. was read the first time and referred to the Transportation and Finance Committees. 1998-02-06 Senate Journal Page 2423 SB 279 Zero fiscal note published today from Department of Commerce and Economic Development. Governors transmittal letter dated February 5: Dear President Miller: I am transmitting a bill to support economic development in Alaska and create jobs in the state by extending the bonding authority of the Alaska Industrial Development and Export Authority (AIDEA). The bill also merges AIDEA's export assistance program with its business assistance program to enable AIDEA to better serve Alaska businesses that export products and services. In addition, the bill clarifies provisions related to AIDEA's financing programs to make those programs more effective. First, the bill extends AIDEA's general bonding authority which sunsets July 1, 1998. Bonding for development projects of $10,000,000 or more would continue to require legislative approval. The ability of AIDEA to issue bonds is essential to fulfill the authoritys statutory mission. Allowing AIDEAs bonding authority to expire would severely restrict its ability to assist in financing key development projects and also conduit revenue financing transactions that do not involve the credit of the AIDEA or the state. In 1997 alone, AIDEA issued tax-exempt conduit revenue bonds to help finance the Fort Knox gold mine ($71 million) and the Goat Lake Hydroelectric project ($23 million). These bonds helped lower the cost of financing for these projects without any financial risk to AIDEA or the state. The bill will ensure that AIDEA continues to have the ability to issue bonds that benefit Alaska businesses. Second, the bill merges AIDEAs export assistance program with its business assistance program by repealing the export assistance program while modifying and continuing the business assistance program. AIDEAs 10-year old export assistance program does not meet the needs of the banks and businesses it was intended to serve and, in fact, has not been used by any Alaska business. While AIDEA has been able, in limited circumstances, to support some export transactions through its business assistance program, the current structure is not effective for the types of 1998-02-06 Senate Journal Page 2424 SB 279 Alaska export transactions prevalent today. This bill will create a business and export assistance program that can effectively support Alaska businesses that export goods and services. The bill also clarifies other provisions of AIDEA's statutes, including strengthening AIDEAs ability to support economic development through its loan participation program and expanding the current limited confidentiality provision so it applies to all of AIDEA's financial programs. It has been thirty years since our predecessors had the forethought to create AIDEA. Since that time, AIDEA has helped create thousands of jobs for Alaskans by forging public-private partnerships that strengthen the states economic base. This bill will ensure that AIDEA has the tools to continue its vital mission to benefit Alaskans today and in future generations. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor SB 280 SENATE BILL NO. 280 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to the regulation of commercial vehicles; the temporary registration of out-of-state commercial vehicles; and providing for an effective date. was read the first time and referred to the Transportation and Finance Committees. Zero fiscal note published today from Department of Administration. Fiscal note published today from Department of Transportation and Public Facilities. Governors transmittal letter dated February 4: 1998-02-06 Senate Journal Page 2425 SB 280 Dear President Miller: One key to highway safety in Alaska is a responsible commercial motor vehicle inspection and registration program. This bill I transmit today amends the state's inspection program to make it more practical, less costly, and address concerns raised last year when I vetoed a flawed bill on this program. The bill also levels the playing field between in-state and out-of-state commercial motor vehicle registration fees. The resulting increased fees to out-of-state truckers are in line with fees charged elsewhere on the continent, and will provide the necessary funds to better operate the state's weigh stations, which are vital to our highway safety. In terms of the commercial motor vehicle safety inspection, the bill removes from statute various unnecessary program provisions and allows the commissioner of the Department of Transportation and Public Facilities to adopt appropriate regulations to keep the program current and workable. A new provision is the requirement a driver carry proof of insurance. These sections of the bill correct drafting problems in last year's House Bill 83, which I vetoed because it inadvertently repealed the state's authority to fully implement an inspection program. The language in this bill achieves the original intent of last year's HB 83 to improve the commercial motor vehicle inspection program. The bill adjusts the state's commercial motor vehicle registration fees to end the enormous and unjustified advantage out-of-state truckers now have over in-state operators. The bill establishes temporary registration of out-of state commercial vehicles that enter Alaska for brief periods and sets the fees at levels within the range of those charged Alaska truckers in the western United States and Canada. The fees are intended to cover some of the state's costs related to commercial vehicles including operating weigh stations, administering the commercial vehicle safety program, and highway construction and maintenance programs. 1998-02-06 Senate Journal Page 2426 SB 280 This bill offers Alaska truckers some equity within their industry while ensuring all Alaskans greater safety on our highways. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor SB 281 SENATE BILL NO. 281 BY SENATOR MACKIE, entitled: An Act relating to general grant land entitlements for the City and Borough of Yakutat; and providing for an effective date. was read the first time and referred to the Community and Regional Affairs and Resources Committees. SB 282 SENATE BILL NO. 282 BY SENATOR TORGERSON, entitled: An Act relating to child endangerment. was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. SB 283 SENATE BILL NO. 283 BY THE SENATE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: An Act relating to noneconomic damages resulting from an automobile accident. was read the first time and referred to the Labor and Commerce and Judiciary Committees. 1998-02-06 Senate Journal Page 2427 Consideration of the Calendar SB 223 SENATE BILL NO. 223 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 second time. Senator Kelly, Chair, moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 2421. Senator Adams objected. Senator Kelly moved and asked unanimous consent that the bill be referred to the Finance Committee. Without objection, it was so ordered. Citations Honoring - H. Raymond Measles, 1997 Log Cabin Award, Kenai Chamber of Commerce Representative(s) Hodgins Senator(s) Ward, Taylor, Kelly, Wilken, Leman, Pearce, Duncan, Lincoln, Mackie, Green, Parnell Honoring - Perfect World Senator(s) Ellis, Taylor, Kelly, Wilken, Leman, Duncan, Lincoln, Mackie, Pearce Representative(s) Berkowitz 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. 1998-02-06 Senate Journal Page 2428 Unfinished Business HB 116 Senator Donley moved and asked unanimous consent that he be shown as a cross sponsor on CS FOR HOUSE BILL NO. 116(FIN) An Act relating to workers compensation self-insurance. Without objection, it was so ordered. SB 95 Senator Donley moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 95 An Act relating to workers compensation self-insurance. Without objection, it was so ordered. SB 204 Senator Mackie moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 204 An Act providing the commissioner of natural resources with the authority to make grants of state land to municipalities for the construction and operation of sport and recreational facilities and structures. Without objection, it was so ordered. SB 197 Senator Duncan moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 197 An Act relating to health care services provided by, and practices of, a health maintenance organization; and prohibiting health maintenance organizations from limiting free speech of health care providers. Without objection, it was so ordered. Senator Parnell moved and asked unanimous consent that he be excused from a call of the Senate on February 11. Without objection, Senator Parnell was excused. Senator Taylor moved and asked unanimous consent that he be excused from the Senate, not subject to a call, from February 7 to evening plane time on February 8. Without objection, Senator Taylor was excused. 1998-02-06 Senate Journal Page 2429 Senator Sharp moved and asked unanimous consent that he be excused from a call of the Senate on February 12. Without objection, Senator Sharp was excused. Senator Duncan moved and asked unanimous consent that he be excused from a call of the Senate on February 20 and 27. Without objection, Senator Duncan was excused. SB 202 President Miller added a Labor and Commerce Committee referral to SPONSOR SUBSTITUTE FOR SENATE BILL NO. 202 An Act relating to insurance; amending Rules 79 and 82, Alaska Rules of Civil Procedure; and providing for an effective date. The bill was referred to the Labor and Commerce and Judiciary Committees. 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., February 9, 1998. Without objection, the Senate adjourned at 11:29 a.m. Nancy Quinto Secretary of the Senate February 1998 1998-02-06 Senate Journal Page 2430 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 FEB 06 FRIDAY 0:00 AM NO MEETING SCHEDULED FEB 09 MONDAY 1:30 PM SB 204STATE LAND FOR MUNICIP. SPORT FACILITIES SB 208VOTER APPROVAL OF SERVICE AREA CHANGES FEB 11 WEDNESDAY 1:30 PM JOINT MEETING WITH HOUSE C&RA COMMITTEE LOCAL BOUNDARY COMMISSION REPORT FEB 13 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 FEB 06 FRIDAY 9:30 AM -- TIME CHANGE -- + ALASKA RAILROAD CORPORATION OVERVIEW + SB 229APPROPRIATIONS: OPERATING BUDGET <REMOVED FROM AGENDA> FEB 09 MONDAY 9:00 AM + SB 16USE OF F&G FUND/COMMISSIONERS POWERS + HB 2PERMANENT FUND DIVIDEND ELIGIBILITY <PREVIOUSLY SCHEDULED BILLS> + SCR 19PROTOTYPE SCHOOL DESIGN 1998-02-06 Senate Journal Page 2431 FINANCE CONTINUED FEB 09 MONDAY 3:00 PM SENATE FINANCE SUBCOMMITTEE: SB 179MAT-SU AND SEWARD PRISONS FEB 09 MONDAY 3:10 PM SENATE FINANCE SUBCOMMITTEE: HB 86CITIES: PAYMENTS IN LIEU OF TAXES FEB 10 TUESDAY 9:00 AM RESULTS-BASED GOVERNMENT WORK SESSION CRAIG HOLT - FACILITATOR CHILD CARE PROGRAMS, DEPT OF COMMUNITY AND REGIONAL AFFAIRS AND DEPT OF HEALTH AND SOCIAL SERVICES FEB 11 WEDNESDAY 9:00 AM + SB 273CHARITABLE GAMING + SB 240REPEAL COIN-OPERATED DEVICE TAX + SB 234BOARD OF GOVERNORS OF AK BAR ASSN <PREVIOUSLY SCHEDULED BILLS> FEB 12 THURSDAY 8:30 AM -- TIME CHANGE -- RESULTS-BASED GOVERNMENT WORK SESSION MENTAL HEALTH TRUST AUTHORITY FEB 16 MONDAY 9:00 AM RESULTS-BASED GOVERNMENT WORK SESSION TIMBER PROGRAM, DEPT OF NATURAL RESOURCES ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 06 FRIDAY 9:00 AM SB 237COUNCIL DOMESTIC VIOLENCE & SEXUAL ASSAUL SCR 21SOBRIETY AWARENESS MONTH <BILLS HELD FROM PREVIOUS MEETINGS> FEB 09 MONDAY 0:00 AM NO MEETING SCHEDULED 1998-02-06 Senate Journal Page 2432 HEALTH, EDUCATION & SOCIAL SERVICES CONTINUED FEB 11 WEDNESDAY 9:00 AM PRESENTATION BY THE STATE INDEPENDENT LIVING COUNCIL <BILLS HELD FROM PREVIOUS MEETINGS> FEB 13 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 FEB 06 FRIDAY 0:00 AM NO MEETING SCHEDULED FEB 09 MONDAY 1:30 PM + SB 218CRIMES OF MURDER & CHILD MURDERS FEB 11 WEDNESDAY 2:00 PM -- TIME CHANGE -- + CONFIRMATION HEARINGS: SELECT COMMITTEE ON LEGISLATIVE ETHICS <BILLS PREVIOUSLY HEARD> FEB 13 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 FEB 10 TUESDAY 1:30 PM BILLS PREVIOUSLY HEARD: + SB 198UNIFORM PARTNERSHIP ACT <SB 198 HELD FROM 1/15/98> + SB 235BOARD OF CERTIFIED REAL ESTATE APPRAISERS + SB 254LEVY ON PERMANENT FUND DIVIDEND FEB 12 THURSDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- 1998-02-06 Senate Journal Page 2433 RESOURCES BUTROVICH ROOM 205 FEB 06 FRIDAY 3:30 PM + SB 180STATE RIGHTS-OF-WAY: RS 2477 <REMOVED FROM AGENDA> HJR 39LIMIT DECLARATION OF NATL. MONUMENTS -- RESCHEDULED FROM 02/04/98 -- + SCR 20STATE AREAWIDE LEASING PROGRAM -- RESCHEDULED FROM 02/04/98 -- <PREVIOUSLY HEARD/SCHEDULED BILLS> FEB 09 MONDAY 3:30 PM SB 180STATE RIGHTS-OF-WAY: RS 2477 <PREVIOUSLY HEARD/SCHEDULED BILLS> FEB 11 WEDNESDAY 3:30 PM SB 250MANAGEMENT OF GAME <PREVIOUSLY HEARD/SCHEDULED BILLS> FEB 13 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP RM 203 FEB 09 MONDAY 0:00 AM UPON ADJOURNMENT HCR 19COUNCIL OF DEAF/HARD OF HEARING/DEAF/BLIN SCR 21SOBRIETY AWARENESS MONTH ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 FEB 10 TUESDAY 3:30 PM SB 255JOINT TASK FORCE ON MILITARY BASES SB 275FUND RAISING: GOV; LT. GOV; & CANDIDATES + SB 265MOOSE AS STATE MAMMAL HB 137BOARD OF VETERINARY EXAMINERS; LICENSE FEB 12 THURSDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- 1998-02-06 Senate Journal Page 2434 TRANSPORTATION BUTROVICH ROOM 205 FEB 10 TUESDAY 0:00 AM NO MEETING SCHEDULED FEB 12 THURSDAY 1:30 PM --FOLLOWING BILLS RESCHEDULED FROM 02/03/98-- SB 259METROPOLITAN PLANNING AUTHORITY SB 263SECONDARY ROADS SB 264AID FOR MUNICIPAL ROAD MAINTENANCE FINANCE SUBCOMMITTEES CORRECTIONS HOUSE FINANCE 519 FEB 10 TUESDAY 10:00 AM JOINT SUBCOMMITTEE HEARING PRESENTATION: DEPT OF CORRECTIONS, COMMUNITY JAILS ---------------------------------------- INFORMATION TECHNOLOGY SENATE FINANCE 532 FEB 12 THURSDAY 1:30 PM DEPT OF HEALTH & SOCIAL SERVICES BRIEFING ON YEAR 2000 COMPUTER ISSUES JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT SENATE FINANCE 532 FEB 11 WEDNESDAY 4:00 PM PROPOSED LEGISLATION, SPECIAL AUDIT REQUESTS, AND RELEASE OF AUDITS OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH RM 205 FEB 11 WEDNESDAY 12:00 PM CHILDRENS CAUCUS ---------------------------------------- 1998-02-06 Senate Journal Page 2435 MISCELLANEOUS MEETINGS CAPITOL ROOM 408 FEB 10 TUESDAY 2:00 PM INFORMATIONAL SERVICES SUBCOMMITTEE OF LEG COUNCIL-ADOPTION OF INTERNET POLICY