Legislature(1997 - 1998)
1998-02-19 Senate Journal
Full Journal pdf1998-02-19 Senate Journal Page 2571 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Thirty-ninth Day Pursuant to adjournment the Senate was called to order by President Miller at 9:46 a.m. The roll showed thirteen members present. Senators Parnell, Sharp were excused from a call of the Senate. Senators Duncan, Ellis, Lincoln, Pearce, Torgerson were absent. 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, we count ourselves blessed to be living in this beautiful State of Alaska. And, we are also blessed to be citizens of the United States of America. Today, we ask that You would be with and protect our fellow Americans in the military service who, as we speak, are sailing or flying into danger in the Persian Gulf area. God, please grant our nations leadership the ability to think and act wisely in this current situation. If there is a peaceful solution possible Lord, guide us in the pathway of peace. If military force is required, may peace and safety be the end result of that course. For the tasks at hand here in Alaska, we ask for Your blessing and wisdom for these Senators. Amen. Senator Halford led the Senate in the Pledge of Allegiance. 2571 1998-02-19 Senate Journal Page 2572 Certification Senator Taylor moved and asked unanimous consent that the journal for the thirty-eighth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated February 18 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 343 CS FOR HOUSE BILL NO. 343(TRA) BY THE HOUSE TRANSPORTATION COMMITTEE, entitled: An Act excluding certain motor vehicles from the definition of commercial motor vehicle. was read the first time and referred to the Transportation and Labor and Commerce Committees. Standing Committee Reports SB 28 The Community and Regional Affairs Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 28 An Act relating to the unincorporated community capital project matching grant program; and providing for an effective date and recommended it be replaced with CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 28(CRA) Signing do pass: Senator Mackie, Chair, Senator Phillips. Signing no recommendation: Senators Hoffman, Donley. 1998-02-19 Senate Journal Page 2573 SB 28 Fiscal note for the bill published today from Department of Community and Regional Affairs. Fiscal note for the committee substitute published today from Department of Community and Regional Affairs. The bill was referred to the Finance Committee. The presence of Senator Duncan was noted. SB 191 The Community and Regional Affairs Committee considered SENATE BILL NO. 191 An Act relating to the exchange of state tide and submerged land to protect municipal watersheds and provide for airports and marine transportation facilities; and providing for an effective date. Signing do pass: Senator Mackie, Chair. Signing no recommendation: Senators Hoffman, Donley, Phillips. Fiscal note published today from Department of Natural Resources. The bill was referred to the Resources Committee. SB 204 The Resources Committee considered 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 and recommended it be replaced with CS FOR SENATE BILL NO. 204(RES) Signing do pass: Senator Halford, Chair, Senators Leman, Taylor, Sharp, Green. Signing no recommendation: Senator Lincoln. Zero fiscal note for the committee substitute published today from Department of Natural Resources. The bill was referred to the Rules Committee. 1998-02-19 Senate Journal Page 2574 SB 213 The Resources Committee considered SENATE BILL NO. 213 An Act extending the termination date of the Alaska Minerals Commission. Signing do pass: Senator Halford, Chair, Senators Leman, Taylor, Lincoln, Green, Sharp. Zero fiscal note published today from Department of Commerce and Economic Development. The bill was referred to the Finance Committee. SB 274 The Judiciary Committee considered SENATE BILL NO. 274 An Act relating to fees for probation and parole and recommended it be replaced with CS FOR SENATE BILL NO. 274(JUD) Signing do pass: Senator Taylor, Chair, Senators Miller, Pearce. Signing no recommendation: Senator Ellis. Indeterminate fiscal note for the bill and the committee substitute published today from Department of Administration. The bill was referred to the Finance Committee. SJR 29 The Judiciary Committee considered SENATE JOINT RESOLUTION NO. 29 Proposing amendments to the Constitution of the State of Alaska requiring that the provisions of a bill that levy new state taxes require the affirmative vote of at least two-thirds of the membership of each house of the legislature. Signing do pass: Senator Taylor, Chair, Senator Miller. Signing no recommendation: Senator Ellis. Signing do not pass: Senator Pearce. Fiscal note published today from Office of the Governor. The resolution was referred to the Finance Committee. 1998-02-19 Senate Journal Page 2575 HJR 49 The Resources Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 49(RES) Relating to opposition to a moratorium on the building of roads in the roadless areas of national forests, and recommended it be replaced with SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 49(RES) Signing do pass: Senator Halford, Chair, Senators Leman, Sharp, Green, Taylor. Signing no recommendation: Senator Lincoln. Previous House zero fiscal note. The bill was referred to the Rules Committee. The presence of Senator Pearce was noted. SB 240 The Rules Committee considered SENATE BILL NO. 240 An Act repealing the tax on punchboards and coin-operated amusement and gaming devices; and providing for an effective date. Signing to calendar: Senator Kelly, Chair, Senators Taylor, Leman, Torgerson. The bill is on todays calendar. SB 275 The Rules Committee considered SENATE BILL NO. 275 An Act relating to contributions to the governor, the lieutenant governor, and candidates for the offices of governor and lieutenant governor; and providing for an effective date. Signing to calendar: Senator Kelly, Chair, Senators Taylor, Leman, Torgerson. The bill is on todays calendar. 1998-02-19 Senate Journal Page 2576 Introduction and Reference of Senate Bills SB 329 SENATE BILL NO. 329 BY THE SENATE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: An Act establishing an exemption for investment clubs from the business license requirement. was read the first time and referred to the Labor and Commerce and Judiciary Committees. Recess Senator Taylor moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 9:53 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 10:03 a.m. The purpose of the Joint Session was to hear an address by the Honorable Ted Stevens, United States Senator. Senator Taylor moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. Without objection, it was so ordered. Representative Porter moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. Without objection, it was so ordered. President Miller appointed Representative Hanley and Senator Wilken to escort United States Senator Ted Stevens to the Joint Session. 1998-02-19 Senate Journal Page 2577 The Senate Sergeant at Arms, Ethan Falatko, announced Senator Stevens entrance to the House Chamber. The Honorable Ted Stevens was escorted to the rostrum and introduced by President Miller. Senator Stevens delivered his address. This address appears in Senate and House Joint Journal Supplement No. 13. Following his address, there was a question and answer period. The Senator received a standing ovation and was escorted from the chamber by Senator Wilken and Representative Hanley. Senator Taylor moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Miller adjourned the Joint Session at 11:13 a.m. After Recess In the Senate The Senate reconvened at 11:24 a.m. The presence of Senators Ellis, Torgerson, Lincoln was noted. Consideration of the Calendar Second Reading of Senate Bills SB 240 SENATE BILL NO. 240 An Act repealing the tax on punchboards and coin-operated amusement and gaming devices; and providing for an effective date was 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. Senator Halford objected, then withdrew his objection. There being no further objections, it was so ordered. 1998-02-19 Senate Journal Page 2578 SB 240 SENATE BILL NO. 240 was read the third time. The question being: Shall SENATE BILL NO. 240 An Act repealing the tax on punchboards and coin-operated amusement and gaming devices; and providing for an effective date pass the Senate? The roll was taken with the following result: SB 240 Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 2 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Nays: Green, Halford Excused: Parnell, Sharp and so, SENATE BILL NO. 240 passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Halford gave notice of reconsideration. SB 275 SENATE BILL NO. 275 An Act relating to contributions to the governor, the lieutenant governor, and candidates for the offices of governor and lieutenant governor; and providing for an effective date was read the second time. Senator Green, Chair, moved and asked unanimous consent for the adoption of the State Affairs Committee Substitute offered on page 2561. Without objection, CS FOR SENATE BILL NO. 275(STA) An Act specifying time periods for making, soliciting, or accepting campaign contributions to candidates for state office; and providing for an effective date was adopted and read the second time. 1998-02-19 Senate Journal Page 2579 SB 275 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. 275(STA) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 275(STA) An Act specifying time periods for making, soliciting, or accepting campaign contributions to candidates for state office; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 275(STA) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken Excused: Parnell, Sharp and so, CS FOR SENATE BILL NO. 275(STA) passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Ellis gave notice of reconsideration. Citations Honoring - Kenny Lake High School Volleyball Team, State 1A, 2A, 3A Volleyball Champions Representative(s) Kubina Senator(s) Lincoln, Hoffman, Green, Adams, Pearce, Leman, Mackie, Parnell, Wilken, Duncan, Taylor, Kelly 1998-02-19 Senate Journal Page 2580 Honoring - Micah Jered Ferrell, Eagle Scout Representative(s) Vezey Senator(s) Wilken, Hoffman, Green, Pearce, Lincoln, Leman, Mackie, Parnell, Duncan, Taylor, Kelly, Halford, Miller In Memoriam - Edward Thomas Ted McHenry Senator(s) Lincoln, Hoffman, Green, Pearce, Leman, Mackie, Parnell, Wilken, Duncan, Taylor, Kelly Representative(s) Kubina 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 Senator Taylor moved and asked unanimous consent that he be excused from the Senate, not subject to a call, on February 20 through plane time on February 23. Without objection, Senator Taylor was excused. HJR 39 The reconsideration on 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, was not taken up this legislative day and the resolution was signed by the President and Secretary and returned to the House. Announcements Announcements are at the end of the journal. 1998-02-19 Senate Journal Page 2581 Adjournment Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 20, 1998. Without objection, the Senate adjourned at 11:50 a.m. Nancy Quinto Secretary of the Senate February 1998 1998-02-19 Senate Journal Page 2582 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 20 FRIDAY 0:00 AM NO MEETING SCHEDULED FEB 23 MONDAY 1:30 PM SB 281YAKUTAT GENERAL GRANT LAND ENTITLEMENT FEB 25 WEDNESDAY 1:30 PM SB 308LEASE-PURCHASE: ANCHORAGE JAIL FEB 27 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 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 DEPARTMENTS OF LABOR, COMMUNITY AND REGIONAL AFFAIRS, EDUCATION, HEALTH AND SOCIAL SERVICES, UNIVERSITY OF ALASKA 1998-02-19 Senate Journal Page 2583 FINANCE CONTINUED 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; DEPARTMENTS OF LABOR, CRA, DOE, H&SS & UA FEB 23 MONDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION: WORKFORCE DEVELOPMENT: GOVERNORS OFFICE, ALASKA HUMAN RESOURCE INVESTMENT COUNCIL DEPARTMENTS OF LABOR, CRA, DOE, H&SS & UA FEB 24 TUESDAY 8:30 AM -- TIME CHANGE -- SB 36PUBLIC SCHOOL FUNDING SB 273CHARITABLE GAMING SCR 19PROTOTYPE SCHOOL DESIGN SB 234BOARD OF GOVERNORS OF AK BAR ASSN SB 261SPECIAL OLYMPICS 2001 SB 285STATE PROCUREMENT FEB 24 TUESDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION: EDUCATION: HEAD START 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 FEB 25 WEDNESDAY 4:30 PM -- TIME CHANGE -- SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION: EDUCATION: WWAMI 1998-02-19 Senate Journal Page 2584 FINANCE CONTINUED FEB 26 THURSDAY 8:30 AM -- TIME CHANGE -- <PREVIOUSLY HEARD/SCHEDULED BILLS> SB 273CHARITABLE GAMING SB 36PUBLIC SCHOOL FUNDING SCR 19PROTOTYPE SCHOOL DESIGN SB 234BOARD OF GOVERNORS OF AK BAR ASSN SB 261SPECIAL OLYMPICS 2001 SB 285STATE PROCUREMENT FEB 26 THURSDAY 4:30 PM -- TIME CHANGE -- SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION: CRIMINAL JUSTICE: TREATMENT PROGRAMS FEB 27 FRIDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION: WORKFORCE DEVELOPMENT: YOUTH CORPS MAR 02 MONDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION NATURAL RESOURCES: LANDS PROGRAMS ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 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 SB 306TAX EXEMPTIONS IN CHILD SUPPORT CASES TRAUMATIC BRAIN INJURY ACT UPDATE 1998-02-19 Senate Journal Page 2585 HEALTH, EDUCATION & SOCIAL SERVICES CONTINUED FEB 25 WEDNESDAY 9:00 AM SB 257ACADEMIC PERFORM/ACCREDITATION/STATE AID (TESTIMONY ON PAGES 1-5 OF SB 257 ONLY) SB 238BOARD OF CERTIFIED DIRECT-ENTRY MIDWIVES FEB 27 FRIDAY 9:00 AM SB 321ASSISTED LIVING FACILITIES SB 246HARBORVIEW DEVELOPMENTAL CENTER ---------------------------------------- JUDICIARY BELTZ ROOM 211 FEB 20 FRIDAY 0:00 AM NO MEETING SCHEDULED FEB 23 MONDAY 0:00 AM NO MEETING SCHEDULED FEB 25 WEDNESDAY 1:30 PM + SB 291LIV. WILLS/ANATOMICAL GIFTS/PATIENT CARE + SB 208VOTER APPROVAL OF SERVICE AREA CHANGES <BILLS PREVIOUSLY HEARD> FEB 27 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 FEB 19 THURSDAY 1:30 PM SB 202MOTOR VEHICLE INSURANCE SB 158INSURANCE CHANGES FOR DR. LIC REVOC. SB 283AUTOMOBILE CIVIL LIABILITY FEB 24 TUESDAY 1:30 PM HB 73SALMON MARKETING ASSESSMENT & ASMI SB 268WAGE CLAIM ASSIGNMENTS TO DEPT. OF LABOR STATE LOCATE STANDARDS (PENDING 2/20 INTRODUCTION & REFERRAL) <BILL PREVIOUSLY HEARD> SB 283AUTOMOBILE CIVIL LIABILITY 1998-02-19 Senate Journal Page 2586 LABOR & COMMERCE CONTINUED FEB 26 THURSDAY 1:30 PM HB 135DENTISTS: LICENSING & EXTEND EXAMINING BD SB 233ALCOHOL BEVERAGE CONTROL BOARD <BILLS PREVIOUSLY HEARD, IF NECESSARY> ---------------------------------------- RESOURCES BUTROVICH ROOM 205 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> FEB 23 MONDAY 3:30 PM SB 262MANAGEMENT OF HUNTING <BILLS PREVIOUSLY HEARD/SCHEDULED> FEB 25 WEDNESDAY 3:30 PM CONFIRMATION HEARINGS: COMMERCIAL FISHERIES ENTRY COMMISSION BOARD OF GAME, BOARD OF MARINE PILOTS ALASKA OIL & GAS CONSERVATION COMMISSION FEB 27 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP RM 203 FEB 23 MONDAY 0:00 AM --UPON ADJOURNMENT SB 204STATE LAND FOR MUNICIP. SPORT FACILITIES HJR 49NATL FOREST ROAD-BUILDING MORATORIUM ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 FEB 19 THURSDAY 3:30 PM SB 76STATE LONG-TERM PLANNING HB 334TUITION WAIVER FOR POLICE WIDOW/CHILD <BILLS PREVIOUSLY HEARD> 1998-02-19 Senate Journal Page 2587 STATE AFFAIRS CONTINUED FEB 24 TUESDAY 3:30 PM + HB 334TUITION WAIVER FOR POLICE WIDOW/CHILD SB 326REGISTRATION OF SEX OFFENDERS SB 322CHILDRENS DIVIDEND FUND <BILLS PREVIOUSLY HEARD> FEB 26 THURSDAY 3:30 PM SB 309USE OF NONLEATHAL AND DEFENSIVE WEAPONS SR 1SWISS COMP OF HOLOCAUST SURVIVORS SCR 22KIDS VOTING ALASKA PROGRAMS <BILLS PREVIOUSLY HEARD> ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 FEB 19 THURSDAY 1:30 PM --BILLS RESCHEDULED FROM 2/12 + SB 263SECONDARY ROADS + SB 264AID FOR MUNICIPAL ROAD MAINTENANCE FEB 24 TUESDAY 1:30 PM SB 304REGULATION OF MOTOR VEHICLES & HWYS FEB 26 THURSDAY 1:30 PM NO MEETING SCHEDULED 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 1998-02-19 Senate Journal Page 2588 JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 FEB 20 FRIDAY 12:00 PM --NOTE LOCATION CHANGE --RESCHEDULED FROM 2/18 AUDIT DIVISION MATTERS OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH RM 205 FEB 25 WEDNESDAY 12:00 PM --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