Legislature(1997 - 1998)
1998-02-09 Senate Journal
Full Journal pdf1998-02-09 Senate Journal Page 2441 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Twenty-ninth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:03 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Associate Pastor Mike Powers of the Church of the Nazarene. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our God, You have said that it is Your Spirit that guides us into all truth. We ask for Your truth and guidance now. We pray today that we would not be so proud as to think we can govern better than You, but in humility we seek Your truth to govern here on earth as heaven is governed. In the words of Your Son, May Your kingdom come and Your will be done here on earth as it is in heaven. May we be Your attentive servants to carry it out. In Jesuss Name and for Your kingdoms sake, Amen. Senator Wilken led the Senate in the Pledge of Allegiance. Certification Senator Taylor moved and asked unanimous consent that the journals for the twenty-sixth, twenty-seventh and twenty-eighth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. 2441 1998-02-09 Senate Journal Page 2442 Messages from the Governor Letter dated and received February 6 was read, stating in accordance with AS 39.05.080(1) and Article III Sections 19, 25, 26 and 27, of the Alaska Constitution, I submit the following names for legislative confirmation of appointment to the positions noted: Commissioner Department of Commerce and Economic Development Deborah B. Sedwick - Anchorage Appointed: 12/10/97 President Miller referred the above appointment to the Labor and Commerce Committee. Alaska Army National Guard - Assistant Adjutant General Brigadier General Stephen P. Korenek President Miller referred the above appointment to the State Affairs Committee. Alaska State Board of Public Accountancy Marjorie J. Kaiser, C.P.A. - Anchorage Appointed: 07/16/97 Expires: 04/25/01 Steven R. Tarola, C.P.A. - Barrow Appointed: 07/16/97 Expires: 04/25/01 Sandra R. Wilson - Fairbanks Appointed: 07/16/97 Expires: 04/25/01 President Miller referred the above appointments to the Labor and Commerce Committee. Alcoholic Beverage Control Board Toni L. Jackson - Copper Center Appointed: 08/27/97 Expires: 01/31/00 President Miller referred the above appointment to the Judiciary Committee. 1998-02-09 Senate Journal Page 2443 State Board of Registration for Architects, Engineers, and Land Surveyors Donald J. Iverson - Anchorage Appointed: 08/12/97 Expires: 07/01/01 Scott McLane, P.L.S. - Soldotna Appointed: 08/12/97 Expires: 07/01/01 Patricia Peirsol - Fairbanks Appointed: 08/12/97 Expires: 07/01/01 Board of Barbers and Hairdressers Lawrence R. Krupa - North Pole Appointed: 04/08/94 Reappointed: 07/16/97 Expires: 07/01/02 President Miller referred the above appointments to the Labor and Commerce Committee. Board of Chiropractic Examiners Trevor V. Ireland, D.C. - Anchorage Appointed: 07/15/93 Reappointed: 11/26/97 Expires: 07/15/01 President Miller referred the above appointment to the Health, Education and Social Services Committee. Alaska Commercial Fisheries Entry Commission (CFEC) Mary McDowell - Juneau Appointed: 10/06/97 Expires: 07/01/01 President Miller referred the above appointment to the Resources Committee. Board of Education Bettye Davis - Anchorage Appointed: 02/01/98 Expires: 01/31/03 Mike Williams - Akiak Appointed: 02/01/98 Expires: 01/31/03 President Miller referred the above appointments to the Health, Education and Social Services Committee. 1998-02-09 Senate Journal Page 2444 Board of Game Robert Churchill - Anchorage Appointed: 09/23/97 Expires: 01/31/00 President Miller referred the above appointment to the Resources Committee. State Commission for Human Rights Ruth G. Benson - Fairbanks Appointed: 11/26/97 Expires: 01/31/99 President Miller referred the above appointment to the State Affairs Committee. Commission on Judicial Conduct Jeffrey M. Feldman, Esq. - Anchorage Appointed: 09/01/93 Reappointed: 07/16/97 Expires: 04/28/01 Alaska Judicial Council Mary Matthews - Fairbanks Appointed: 05/19/97 Expires: 05/18/03 President Miller referred the above appointments to the Judiciary Committee. Alaska Labor Relations Agency Karen J. Mahurin - Kenai Appointed: 08/11/93 Reappointed: 06/30/94, 12/02/97 Expires: 06/30/00 Alfred L. Tamagni, Sr. - Anchorage Appointed: 06/30/93 Reappointed: 12/02/97 Expires: 06/30/99 President Miller referred the above appointments to the Labor and Commerce Committee. 1998-02-09 Senate Journal Page 2445 Board of Marine Pilots Peter S. Garay - Homer Appointed: 07/16/97 Expires: 06/01/01 Michael N. White - Anchorage Appointed: 10/31/97 Expires: 06/01/00 President Miller referred the above appointments to the Resources Committee. Board of Marital and Family Therapy Dixie A. Hood - Juneau Appointed: 10/12/95 Reappointed: 01/21/98 Expires: 12/14/01 Elaine L. Williams - Juneau Appointed: 07/16/97 Expires: 12/14/00 State Medical Board Martha T. Cotten, M.D. - Eagle River Appointed: 10/03/97 Expires: 04/21/00 Constance E. Livsey - Anchorage Appointed: 10/03/97 Expires: 08/13/00 Alaska Mental Health Trust Authority Board of Trustees Susan LaBelle, MSW - Anchorage Appointed: 10/31/97 Expires: 03/03/99 Board of Certified Direct-Entry Midwives Martha J. Linden, C.N.M. - Anchorage Appointed: 11/26/97 Expires: 07/21/01 President Miller referred the above appointments to the Health, Education and Social Services Committee. Occupational Safety and Health Review Board Dennis Davidson - Anchorage Appointed: 08/12/97 Expires: 08/01/01 Carla Meek - Juneau Appointed: 07/16/97 Expires: 08/01/00 President Miller referred the above appointments to the Labor and Commerce Committee. 1998-02-09 Senate Journal Page 2446 Alaska Oil and Gas Conservation Commission Camille Oechsli - Anchorage Appointed: 08/28/97 Expires: 12/31/02 President Miller referred the above appointment to the Resources Committee. Personnel Board Charlie Parr - Fairbanks Appointed: 09/02/97 Expires: 03/20/02 President Miller referred the above appointment to the Labor and Commerce Committee. Board of Pharmacy Paul Joseph Gionet, R.Ph. - Anchorage Appointed: 04/01/93 Reappointed: 11/26/97 Expires: 04/01/01 Martin Krull, R.Ph. - Anchorage Appointed: 01/21/98 Expires: 04/01/01 State Physical Therapy and Occupational Therapy Board Sundi M. Hondl, L.P.T. - Wasilla Appointed: 01/21/98 Expires: 09/01/01 Ann P. Mattson - Juneau Appointed: 01/20/94 Reappointed: 01/21/98 Expires: 01/01/02 Professional Teaching Practices Commission Georgia S. Cast - Bethel Appointed: 10/31/97 Expires: 07/01/00 Patricia E. Chitty - Nikolaevsk Appointed: 10/31/97 Expires: 07/01/00 Linda Connelly - Palmer Appointed: 10/31/97 Expires: 07/01/99 Judith Entwife - Juneau Appointed: 10/31/97 Expires: 07/01/00 1998-02-09 Senate Journal Page 2447 Board of Psychologist and Psychological Associate Examiners Carey S. Edney, Ph.D. - Anchorage Appointed: 10/31/97 Expires: 07/01/01 David J. Sperbeck, Ph.D. - Anchorage Appointed: 08/21/96 Reappointed: 10/31/97 Expires: 07/01/01 President Miller referred the above appointments to the Health, Education and Social Services Committee. Alaska Public Offices Commission (APOC) Kathleen Harrington - Anchorage Appointed: 08/12/97 Expires: 02/01/00 Philip R. Volland, Esq. - Anchorage Appointed: 06/23/97 Expires: 02/01/02 President Miller referred the above appointments to the State Affairs Committee. Board of Certified Real Estate Appraisers Judy Kemplen - Anchorage Appointed: 01/21/98 Expires: 06/30/01 Real Estate Commission Audrey J. Foldoe - Fairbanks Appointed: 10/05/93 Reappointed: 01/21/98 Expires: 01/31/01 President Miller referred the above appointments to the Labor and Commerce Committee. Board of Veterinary Examiners Deanna J. Thornell, D.V.M. - Fairbanks Appointed: 01/31/94 Reappointed: 01/21/98 Expires: 01/31/02 President Miller referred the above appointment to the Health, Education and Social Services Committee. 1998-02-09 Senate Journal Page 2448 Violent Crimes Compensation Board Carol L. Alley, M.D. - Ketchikan Appointed: 12/01/95 Reappointed: 01/21/98 Expires: 12/15/00 President Miller referred the above appointment to the Judiciary Committee. Alaska Workers' Compensation Board John A. Abshire - Anchorage Appointed: 07/23/97 Expires: 07/01/00 Valerie K. Baffone - Anchorage Appointed: 11/08/96 Reappointed: 07/01/97 Expires: 07/01/00 Shawn Pierre - Chugiak Appointed: 11/08/96 Reappointed: 07/01/97 Expires: 07/01/00 Florence S. Rooney - Anchorage Appointed: 07/01/93 Reappointed: 10/31/97 Expires: 07/01/99 James G. Williams - Douglas Appointed: 07/05/95 Reappointed: 07/01/97 Expires: 07/01/00 President Miller referred the above appointments to the Labor and Commerce Committee. The resumes for these appointments have been submitted to the offices of the Senate Secretary and the Chief Clerk. Messages from the House SB 152 Message dated February 6 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 152(FIN) An Act relating to certified nurse aides; and providing for an effective date. The bill was referred to the Secretary for enrollment. 1998-02-09 Senate Journal Page 2449 Message dated February 6 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 178 HOUSE BILL NO. 178 BY THE HOUSE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: An Act relating to letters of credit under the Uniform Commercial Code; and providing for an effective date. was read the first time and referred to the Labor and Commerce and Judiciary Committees. HB 309 CS FOR HOUSE BILL NO. 309(RLS) BY THE HOUSE RULES COMMITTEE, entitled: An Act naming the Robert B. Atwood Building. was read the first time and referred to the Rules Committee. Identical SENATE BILL NO. 222 reported out of the Senate State Affairs Committee with a do pass. HB 334 CS FOR HOUSE BILL NO. 334(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to waiver of tuition and fees for certain family members of a peace officer or a fire fighter killed in the line of duty; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. Senators Wilken, Halford, Kelly were added as cross sponsors on the bill. 1998-02-09 Senate Journal Page 2450 Standing Committee Reports SCR 20 The Resources Committee considered SENATE CONCURRENT RESOLUTION NO. 20 Relating to support of the State of Alaskas areawide leasing program. Signing do pass: Senator Green, Vice Chair, Senators Taylor, Torgerson, Sharp. Zero fiscal note published today from the Senate Resources Committee. The resolution was referred to the Rules Committee. HJR 39 The Resources Committee considered HOUSE JOINT RESOLUTION NO. 39 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. Signing do pass: Senator Green, Vice Chair, Senators Taylor, Torgerson, Sharp. Previous House zero fiscal note. The resolution was referred to the Rules Committee. Introduction and Reference of Senate Bills SB 284 SENATE BILL NO. 284 BY SENATOR DONLEY, entitled: An Act relating to cruelty to animals. was read the first time and referred to the State Affairs and Judiciary Committees. 1998-02-09 Senate Journal Page 2451 SB 285 SENATE BILL NO. 285 BY THE SENATE FINANCE COMMITTEE, entitled: An Act relating to state procurement practices. was read the first time and referred to the Finance Committee. Consideration of the Calendar House Bills in Second Reading HB 265 CS FOR HOUSE BILL NO. 265(STA) am An Act relating to pamphlets, publications, plans, and records of state agencies; and relating to reports to and from state agencies and the governor which had been held from the February 5 calendar (page 2409) with the motion to advance to third reading pending, was before the Senate. Senator Taylor moved and asked unanimous consent that he be allowed to withdraw the advancement motion. Without objection, it was so ordered. The Rules Committee offered the following Senate committee substitute: SENATE CS FOR CS FOR HOUSE BILL NO. 265(RLS) Zero fiscal notes for the Senate committee substitute published today from Department of Environmental Conservation, Department of Commerce and Economic Development. Senator Kelly, Chair, moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 265(RLS) was adopted and read the second time. 1998-02-09 Senate Journal Page 2452 HB 265 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. SENATE CS FOR CS FOR HOUSE BILL NO. 265(RLS) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 265(RLS) An Act relating to pamphlets, publications, plans, and records of state agencies; and relating to reports to and from state agencies and the governor pass the Senate? The roll was taken with the following result: SCS CSHB 265(RLS) Third Reading - Final Passage YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Green, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Halford Absent: Ellis and so, SENATE CS FOR CS FOR HOUSE BILL NO. 265(RLS) passed the Senate. Senator Kelly gave notice of reconsideration. Citations Honoring - Robert Service High School Cougars Football Team, State Champions Senator(s) Ward, Wilken, Leman, Mackie, Duncan, Kelly, Taylor, Parnell, Green, Donley, Hoffman, Halford 1998-02-09 Senate Journal Page 2453 In Memoriam - Senator Ray Christiansen Senator(s) Hoffman, Adams, Lincoln, Duncan, Ellis, Ward, R. Phillips, Kelly, Taylor, Wilken, Leman, Mackie, Green, Donley, Halford, Miller Representative(s) Ivan, Moses, Foster In Memoriam - Thomas Edward Whitaker Senator(s) Torgerson, Wilken, Leman, Mackie, Duncan, Kelly, Taylor, Green, Donley, Hoffman, Halford 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. 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 10, 1998. Without objection, the Senate adjourned at 11:21 a.m. Nancy Quinto Secretary of the Senate February 1998 1998-02-09 Senate Journal Page 2454 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 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 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 FEB 09 MONDAY 1:30 PM HOUSE FINANCE 519 -- TIME AND LOCATION CHANGE -- JOINT WORK SESSION WITH HOUSE FINANCE RESULTS BASED GOVERNMENT WITH CRAIG HOLT MARINE HIGHWAY SYSTEM 1998-02-09 Senate Journal Page 2455 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 09 MONDAY 0:00 AM NO MEETING SCHEDULED FEB 11 WEDNESDAY 9:00 AM PRESENTATION BY THE STATE INDEPENDENT LIVING COUNCIL <BILLS HELD FROM PREVIOUS MEETINGS> 1998-02-09 Senate Journal Page 2456 HEALTH, EDUCATION & SOCIAL SERVICES CONTINUED FEB 13 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 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 ---------------------------------------- RESOURCES BUTROVICH ROOM 205 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> 1998-02-09 Senate Journal Page 2457 RESOURCES CONTINUED FEB 13 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP RM 203 FEB 09 MONDAY 11:25 AM HCR 19COUNCIL OF DEAF/HARD OF HEARING/DEAF/BLIN SCR 21SOBRIETY AWARENESS MONTH FEB 10 TUESDAY 0:00 AM UPON ADJOURNMENT SCR 20STATE AREAWIDE LEASING PROGRAM HJR 39LIMIT DECLARATION OF NATL. MONUMENTS ---------------------------------------- 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 ---------------------------------------- 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 1998-02-09 Senate Journal Page 2458 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 ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM 205 FEB 09 MONDAY 6:00 PM MAJORITY CAUCUS ---------------------------------------- MISCELLANEOUS MEETINGS CAPITOL ROOM 408 FEB 10 TUESDAY 2:00 PM INFORMATIONAL SERVICES SUBCOMMITTEE OF LEG COUNCIL-ADOPTION OF INTERNET POLICY