Legislature(1997 - 1998)
1998-02-17 Senate Journal
Full Journal pdf1998-02-17 Senate Journal Page 2539 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Thirty-seventh Day Pursuant to adjournment the Senate was called to order by President Miller at 11:04 a.m. The roll showed eighteen members present. Senators Adams, Sharp were excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Wayne Coggins of the Cornerstone Family Ministries. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Heavenly Father, decisions, decisions, decisions: Lord, we have so many to make on so many fronts. Phrases like the bite of the line or the moment of truth or where the rubber meets the road all express those times in our lives when we simply must decide. For these Senators, Lord, those decisions are frequent and are always made with an audience amid the high winds of differing opinions. So today, I ask that You would grant these men and women wisdom and courage to make the hard decisions and peace of mind to live with them. Amen. Senator Donley led the Senate in the Pledge of Allegiance. 2539 1998-02-17 Senate Journal Page 2540 Certification Senator Taylor moved and asked unanimous consent that the journal for the thirty-sixth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Introduction of Guests Senator Phillips introduced members of the Yukon Legislative Assembly: The Honorable Dave Sloan, Minister of Health and Social Services and of Government Services Sue Edelman, MLA Peter Jenkins, MLA Doug Livingston, MLA Gary McRobb, MLA Missy Follwell, Deputy Clerk of the Yukon Legislative Assembly Senator Phillips also introduced a member of the British Columbia Legislative Assembly: Bill Goodacre, MLA Communications The following reports are on file in the Office of the Secretary of the Senate: Boards, Commissions, and Licensing Programs Annual Performance Reports, Fiscal Year 1997 from the Division of Occupational Licensing, Department of Commerce and Economic Development in accordance with AS 08.01.070(10) Alaska Labor Relations Agency Annual Report, Fiscal Year 1997 from Jean Ward, Acting Administrator in accordance with AS 23.05.370(4) 1998-02-17 Senate Journal Page 2541 Standing Committee Reports SCR 14 The Health, Education and Social Services Committee considered SENATE CONCURRENT RESOLUTION NO. 14 Establishing the Alaska Task Force on Parity for Mental Health, and recommended it be replaced with CS FOR SENATE CONCURRENT RESOLUTION NO. 14(HES) Signing do pass: Senator Wilken, Chair, Senator Leman. Signing no recommendation: Senator Green. Zero fiscal note for the committee substitute published today from the Health, Education and Social Services Committee. The resolution was referred to the Finance Committee. SJR 35 The Judiciary Committee considered SENATE JOINT RESOLUTION NO. 35 Proposing an amendment to the Constitution of the State of Alaska relating to participation in an abortion, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 35(JUD) Signing do pass: Senator Taylor, Chair, Senators Parnell, Miller. Signing no recommendation: Senator Pearce. Fiscal note for the bill and the committee substitute published today from Office of the Governor. The resolution was referred to the Finance Committee. 1998-02-17 Senate Journal Page 2542 SB 195 The Judiciary Committee considered SENATE BILL NO. 195 An Act relating to common law liens, to remedies, costs, and fees imposed for the registration, filing, or recording of certain nonconsensual common law liens, and to penalties for recording common law liens. Signing do pass: Senator Taylor, Chair, Senator Miller. Signing no recommendation: Senators Parnell, Pearce. Previous zero fiscal notes. The bill was referred to the Rules Committee. SB 254 The Judiciary Committee considered SENATE BILL NO. 254 An Act relating to levy, execution, garnishment, attachment, or other remedy for the collection of debt as applied to a permanent fund dividend and recommended it be replaced with CS FOR SENATE BILL NO. 254(JUD) An Act relating to the exemption from levy, execution, garnishment, attachment, or other remedy for the collection of debt as applied to a permanent fund dividend. Signing do pass: Senator Taylor, Chair. Signing no recommendation: Senators Parnell, Miller, Pearce. Fiscal note for the committee substitute published today from Department of Revenue. President Miller added a Finance Committee referral to the bill. The bill was referred to the Finance Committee. Reports dated February 11 were read stating: In accordance with AS 24.60.130 the Senate Judiciary Committee reviewed the following with regard to confirmation of the appointments of the Chief Justice: 1998-02-17 Senate Journal Page 2543 Select Committee on Legislative Ethics Ed Granger - Anchorage Dennis E. Cook - Fairbanks There were no stated objections to the named individuals. However, this does not reflect an intent by any of the members to vote for or against the appointments during any further sessions. Signing the reports: Senator Taylor, Chair, Senators Miller, Pearce. Senator Taylor moved that Ed Granger be confirmed as a public member to the Select Committee on Legislative Ethics. The question being: Shall Ed Granger be confirmed as a public member to the Select Committee on Legislative Ethics? The roll was taken with the following result: Shall the Senate confirm the appointment of Ed Granger to the Select Committee on Legislative Ethics? YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Excused: Adams, Sharp and so, Ed Granger was confirmed by the Senate. Senator Taylor moved that Dennis E. Cook be confirmed as a public member to the Select Committee on Legislative Ethics. The question being: Shall Dennis E. Cook be confirmed as a public member to the Select Committee on Legislative Ethics? The roll was taken with the following result: 1998-02-17 Senate Journal Page 2544 Shall the Senate confirm the appointment of Dennis Cook to the Select Committee on Legislative Ethics? YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Excused: Adams, Sharp and so, Dennis E. Cook was confirmed by the Senate. The Secretary was requested to notify the House. Introduction and Reference of Senate Bills SB 327 SENATE BILL NO. 327 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to certain audits regarding oil and gas royalty and net profits and to audits regarding costs relating to exploration incentive credits and oil and gas exploration licenses; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. Fiscal notes published today from Department of Revenue, Department of Natural Resources (2). Governors transmittal letter dated February 16: 1998-02-17 Senate Journal Page 2545 SB 327 Dear President Miller: In the interest of improving efficiency within state government as well as between government and industry, I am transmitting this bill to transfer oil and gas royalty audit functions from the Department of Revenue (DOR) to the Department of Natural Resources (DNR). It makes sense to put the audit duties in the same department that administers, enforces, and is therefore most knowledgeable with, the oil and gas leasing program. Ironically, the audit functions used to rest with the DNR, but were switched to the DOR in 1980 based on a legislative audit report. The recommendation stated that cost savings would be achieved by having one staff of auditors review both tax and royalty compliance information. Since 1980, however, the state has entered into royalty settlements with the major North Slope producers and has made changes to its tax regulations. As a result, there is no longer as much overlap between royalty and tax audits. In addition, the separation of the DNR's duty to administer and enforce oil and gas contracts, agreements, and leases from the ability to conduct audits leading to possible enforcement actions, has resulted in inefficiencies and other problems. The bill specifically authorizes the DNR to audit reports and costs relating to exploration incentive credits and oil and gas licenses. It also grants the DNR audit powers commensurate to the DOR's current audit powers, including the right to subpoena information for audit purposes. The DNR and DOR would be allowed to exchange confidential information obtained in the course of their respective audits; a breach of confidentiality by any agency employee would be a misdemeanor offense. This bill makes a sensible step in how the state does business with the oil and gas industry. Sincerely, /s/ Tony Knowles Governor 1998-02-17 Senate Journal Page 2546 SB 328 SENATE BILL NO. 328 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to protection of victims of domestic violence and stalking; relating to the crimes of stalking and assault and crimes involving domestic violence; relating to violation of a protective order, no contact order, and certain testing orders; relating to bail and conditions of release in cases involving certain stalkings; relating to search warrants; relating to authorized sentences and factors in aggravation and mitigation; relating to conditions of probation and parole for convictions of certain crimes; relating to revocation of parole; and amending Rules 32 and 38, Alaska Rules of Criminal Procedure. was read the first time and referred to the Judiciary and Finance Committees. Fiscal notes published today from Department of Administration, Department of Corrections, Department of Public Safety. Zero fiscal note published today from Department of Law. Governors transmittal letter dated February 16: Dear President Miller: One of the most important goals of this Administration is safe, healthy communities. This bill I am transmitting will help make Alaskans more secure in their homes and neighborhoods in several ways. It will assist law enforcement in the investigation and prevention of crimes, provide more tools to prosecute criminal offenders, clarify the management of parolees, and give victims the power to help protect themselves from further criminal acts. The bill specifically targets crimes and victims of stalking and domestic violence. 1998-02-17 Senate Journal Page 2547 SB 328 Two years ago, the Legislature passed the Domestic Violence Prevention and Victim Protection Act of 1996 (Act), a comprehensive approach to the devastating violence that affects so many Alaska families. Domestic violence costs our society dearly in many ways; perhaps the most expensive is the passing to members of yet another generation the belief that violence is an acceptable way to interact with each other. Since its enactment into law, the Act has had a significant impact on the safety of family members in Alaska. For example, the mandatory arrest policy has diffused many dangerous situations, giving victims the time to obtain a protective order or take refuge in a shelter. Prosecutions for crimes involving domestic violence have increased dramatically. People from diverse areas are participating in training programs to increase their effectiveness in helping domestic violence victims, including peace officers, medical professionals, and social workers. Experience has now shown there are areas where this law can be improved, particularly in protecting victims not covered by the Act. Victims of stalking by a non-household member are as much in need of protection as victims stalked by a member of the household. This bill provides the procedures to obtain comprehensive civil protection orders to prevent stalking, just as is done with protective orders for domestic violence. The bill would make it a class A misdemeanor to violate certain provisions of a protective order. It also amends the statutes addressing the pre-trial release, probation, and parole of stalkers to provide similar protection to stalking victims as to domestic violence victims. The bill also increases the stakes for those who commit other crimes in addition to stalking or domestic violence. Fourth degree assaults, which are currently misdemeanors, would become third degree class C felonies if they were committed while also violating protective orders. The bill provides that a person who illegally enters a home and commits a crime of domestic violence or stalking may be prosecuted for burglary in the first degree, a class B felony, regardless of whether the person intended to commit the crime at the 1998-02-17 Senate Journal Page 2548 SB 328 time of the entry. The bill also makes violation of a sentencing order to have no contact with a victim or witness a class A misdemeanor. These provisions would enhance the ability of law enforcement to keep dangerous offenders away from their victims. The bill puts more teeth into statutes recently enacted into law. In 1995 the legislature required the Department of Public Safety to establish a deoxyribonucleic acid (DNA) sampling system to help identify and prosecute persons who commit serious crimes. This bill requires certain prisoners to provide samples for DNA testing, which many have been refusing to do. Violation of the order is a class A misdemeanor. Other provisions of the bill include: clarification for obtaining a search warrant to monitor and record conversations; allowing courts to consider at sentencing an out-of-state misdemeanor conviction for a crime that is a felony in Alaska; and clarification of the Parole Board's authority to revoke parole prior to release for noncompliance with court-ordered treatment. Protection of Alaska's citizens is a goal we must all work to achieve. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor Consideration of the Calendar Reconsideration of House Bills HB 265 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 which had been held on reconsideration (page 2470) was before the Senate. 1998-02-17 Senate Journal Page 2549 HB 265 Senator Taylor moved and asked unanimous consent that the bill be held to the February 18 calendar. Without objection, it was so ordered. Citations Honoring - John Paul Senator(s) Adams, Taylor, Kelly, Pearce, Lincoln, Duncan, Mackie, Leman, Halford Honoring - The Mountain View Citizen Advisory Committee Senator(s) Ellis, Donley, Taylor, Kelly, Pearce, Lincoln, Duncan, Mackie, Leman, Ward Representative(s) Kemplen Honoring - Harley Sundown Senator(s) Adams, Taylor, Kelly, Pearce, Lincoln, Duncan, Mackie, Leman Honoring - Lisa Nolan, Homer Chamber of Commerce 1997 Citizen of the Year Senator(s) Torgerson, Taylor, Kelly, Pearce, Wilken, Lincoln, Duncan, Mackie, Leman, Green Representative(s) G. Phillips Honoring - Jesse Owens Representative(s) Berkowitz Senator(s) Green, Donley, Taylor, Kelly, Pearce, Lincoln, Duncan, Mackie, Leman, Halford, Ellis In Memoriam - John Leonard Representative(s) Foster Senator(s) Adams, Taylor, Kelly, Pearce, Wilken, Lincoln, Duncan, Mackie, Leman, Green 1998-02-17 Senate Journal Page 2550 In Memoriam - Lillian Minix Representative(s) Foster Senator(s) Adams, Taylor, Kelly, Pearce, Wilken, Lincoln, Duncan, Mackie, Leman, Green 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 SR 1 Senator Ellis moved and asked unanimous consent that he be shown as a cosponsor on SENATE RESOLUTION NO. 1 Relating to compensation of Holocaust victims and survivors, their heirs, and Jewish communities by the government of Switzerland and the Swiss banking industry. Without objection, it was so ordered. SJR 38 Senators Taylor, Duncan moved and asked unanimous consent that they be shown as cosponsors on SENATE JOINT RESOLUTION NO. 38 Relating to the bombardment of the village of Angoon. Without objection, it was so ordered. Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate on February 23. Without objection, Senator Lincoln was excused. Announcements Announcements are at the end of the journal. 1998-02-17 Senate Journal Page 2551 Adjournment Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 18, 1998. Without objection, the Senate adjourned at 11:17 a.m. Nancy Quinto Secretary of the Senate February 1998 1998-02-17 Senate Journal Page 2552 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 18 WEDNESDAY 1:30 PM SB 28UNINCORP. COMMUNITY MATCHING GRANTS SB 190ATTEMPT TO PURCHASE BEFORE EMINENT DOMAIN SB 191EXCHANGE OF STATE TIDE AND SUBMERGED LAND FEB 20 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 FEB 17 TUESDAY 8:00 AM -- TIME CHANGE -- + SB 285STATE PROCUREMENT SB 261SPECIAL OLYMPICS 2001 SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION NATURAL RESOURCES: DNR: FORESTRY PROGRAMS --(CONTINUED FROM MONDAY) <BILLS PREVIOUSLY SCHEDULED> FEB 17 TUESDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION: NATURAL RESOURCES, GOVERNORS OFFICE, GOVERNMENTAL COORDINATION 1998-02-17 Senate Journal Page 2553 FINANCE CONTINUED FEB 18 WEDNESDAY 9:00 AM + SB 273CHARITABLE GAMING SCR 19PROTOTYPE SCHOOL DESIGN <BILLS PREVIOUSLY HEARD/SCHEDULED> FEB 19 THURSDAY 0:00 AM ********CANCELLED******** SB 229APPROPRIATIONS: OPERATING BUDGET FEB 19 THURSDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS-BASED GOVERNMENT WORK SESSION WORKFORCE DEVELOPMENT: GOVERNORS OFFICE ALASKA HUMAN RESOURCE INVESTMENT COUNCIL FEB 20 FRIDAY 9:00 AM CONTINUED FROM 2/19 -- SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION WORKFORCE DEVELOPMENT: GOVERNORS OFFICE, ALASKA HUMAN RESOURCE INVESTMENT COUNCIL FEB 23 MONDAY 9:00 AM -- MEETING CANCELLED, RESCHEDULED TO 2/25 FEB 24 TUESDAY 9:00 AM SB 234BOARD OF GOVERNORS OF AK BAR ASSN <BILLS PREVIOUSLY HEARD/SCHEDULED> FEB 25 WEDNESDAY 9:00 AM --RESCHEDULED FROM 2/23/98 SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION NATURAL RESOURCES: DNR: OIL & GAS DEVELOPMENT ---------------------------------------- 1998-02-17 Senate Journal Page 2554 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 18 WEDNESDAY 8:15 AM -- TIME CHANGE -- + 8:15 - 9:45 JOINT HEARING WITH HOUSE HES OVERVIEW OF EDUCATION WEEK --RESCHEDULED TO 2/23/98 UPDATE OF TRAUMATIC BRAIN INJURY ACT FEB 20 FRIDAY 9:00 AM + 9:00 A.M. UA BOARD OF REGENTS LISTEN ONLY TELECONFERENCE 10:00 A.M. - + SB 203PHONICS CURRICULUM FEB 23 MONDAY 9:00 AM TRAUMATIC BRAIN INJURY ACT UPDATE ---------------------------------------- JUDICIARY BELTZ ROOM 211 FEB 18 WEDNESDAY 1:30 PM + SB 274PROBATION AND PAROLE FEES + SJR 29CONST AM: SUPERMAJORITY FOR TAX LEVIES <BILLS PREVIOUSLY HEARD> FEB 20 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 FEB 17 TUESDAY 1:30 PM + HB 116WORKERS COMPENSATION SELF-INSURANCE GROUP <FOLLOWING BILL POSTPONED> SB 198UNIFORM PARTNERSHIP ACT FEB 19 THURSDAY 1:30 PM SB 202MOTOR VEHICLE INSURANCE SB 158INSURANCE CHANGES FOR DR. LIC REVOC. SB 283AUTOMOBILE CIVIL LIABILITY ---------------------------------------- 1998-02-17 Senate Journal Page 2555 RESOURCES BUTROVICH ROOM 205 FEB 18 WEDNESDAY 3:30 PM + HB 128WATER QUALITY; WATER SCIENCE OVERSIGHT BD + HJR 49NATL FOREST ROAD-BUILDING MORATORIUM SB 204STATE LAND FOR MUNICIP. SPORT FACILITIES SB 213EXTEND ALASKA MINERALS COMMISSION <BILLS PREVIOUSLY HEARD/SCHEDULED> FEB 20 FRIDAY 3:30 PM SB 236CITIZENS ADVISORY COM ON FED AREAS IN AK SB 286ADVERSE POSSESSION SB 256REDUCE ROYALTY ON COOK INLET OIL & GAS <BILLS PREVIOUSLY HEARD> ---------------------------------------- RULES FAHRENKAMP RM 203 FEB 17 TUESDAY 11:20 AM HB 309NAMING ATWOOD BLDG IN ANCHORAGE HJR 29FUNDING FOR PROSTATE CANCER RESEARCH + SB 197REGULATING HEALTH MAINTENANCE ORGS. FEB 18 WEDNESDAY 0:00 AM --ON ADJOURNMENT SB 195COMMON LAW LIENS SB 240REPEAL COIN-OPERATED DEVICE TAX SB 265MOOSE AS STATE MAMMAL HB 137BOARD OF VETERINARY EXAMINERS; LICENSE ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 FEB 17 TUESDAY 3:30 PM + HCR 261998 INTERNATIONAL PEOPLE FIRST CONFERENCE SB 244POLYGRAPHS FOR CORRECTIONAL OFFICERS SB 183VOTING & ELECTIONS SB 185VOTER LISTS & VOTER REGISTRATION <BILLS PREVIOUSLY HEARD> 1998-02-17 Senate Journal Page 2556 STATE AFFAIRS CONTINUED FEB 19 THURSDAY 3:30 PM SB 76STATE LONG-TERM PLANNING HB 334TUITION WAIVER FOR POLICE WIDOW/CHILD <BILLS PREVIOUSLY HEARD> ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 FEB 17 TUESDAY 1:30 PM SB 259METROPOLITAN PLANNING AUTHORITY --RESCHEDULED FROM 2/12 FEB 19 THURSDAY 1:30 PM --BILLS RESCHEDULED FROM 2/12 + SB 263SECONDARY ROADS + SB 264AID FOR MUNICIPAL ROAD MAINTENANCE FINANCE SUBCOMMITTEES EDUCATION CAPITOL ROOM 17 FEB 19 THURSDAY 8:00 AM JOINT MEETING WITH H. DOE SUBCOMMITTEE K-12 SUPPORT: --FOUNDATION FORMULA: OVERVIEW SB 257/HB 351 --PUPIL TRANSPORTATION JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT SENATE FINANCE 532 FEB 18 WEDNESDAY 12:00 PM --RESCHEDULED TO 2/20 FEB 20 FRIDAY 12:00 PM HOUSE FINANCE 519 --NOTE LOCATION CHANGE --RESCHEDULED FROM 2/18 AUDIT DIVISION MATTERS 1998-02-17 Senate Journal Page 2557 OTHER MEETINGS CHILDRENS CAUCUS FEB 17 TUESDAY 0:00 AM CHILDRENS CAUCUS FEB 18 WEDNESDAY 12:00 PM BUTROVICH RM 205 PART 1-RESOURCE CENTER FOR PARENTS AND CHILDREN PART 2-UNIVERSITY/DFYS FAMILY SERVICES TRAINING PARTNERSHIP FEB 25 WEDNESDAY 12:00 PM BUTROVICH RM 205 --AGENDA TO BE ANNOUNCED-- ---------------------------------------- JOINT SESSION HOUSE CHAMBER FEB 19 THURSDAY 10:00 AM ANNUAL ADDRESS TO THE LEGISLATURE BY THE HONORABLE TED STEVENS, U.S. SENATOR FEB 25 WEDNESDAY 11:00 AM STATE OF THE JUDICIARY ADDRESS