Legislature(1997 - 1998)
1998-02-23 Senate Journal
Full Journal pdf1998-02-23 Senate Journal Page 2609 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Forty-third 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 Lincoln, Taylor were excused from a call of the Senate. The prayer was offered by the Chaplain, the Reverend Kathleen Wakefield of St. Brendans Episcopal Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord, make us instruments of Your peace. Where there is hatred, let us sow love; where there is injury, pardon; where there is discord, union; where there is doubt, faith; where there is despair, hope; where there is darkness, light; where there is sadness, joy. Grant that we may not seek so much to be consoled as to console; to be understood as to understand; to be loved as to love. For it is in giving that we receive; it is in pardoning that we are pardoned; and it is in dying that we are born to eternal life. (St. Francis of Assisi) Amen. Senator Ellis led the Senate in the Pledge of Allegiance. Certification Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the journals for the fortieth, forty-first and forty-second legislative days be approved as certified by the Secretary. Without objection, it was so ordered. 2609 1998-02-23 Senate Journal Page 2610 Messages from the House HCR 19 Message dated February 20 was read, stating the House concurred in the Senate amendment to HOUSE CONCURRENT RESOLUTION NO. 19, thus adopting: SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 19(HES) Relating to the Alaska Deaf, Hard of Hearing, and Deafblind Council. Message dated February 20 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 296 HOUSE BILL NO. 296 BY REPRESENTATIVES BRICE, Therriault, Davies, entitled: An Act extending the termination date of the Alaska Minerals Commission. was read the first time and referred to the Finance Committee. Senators Duncan, Leman, Sharp, Miller moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. SB 63 Message dated February 20 was read, stating the House passed and returned for consideration SENATE BILL NO. 63 with the following amendment: 1998-02-23 Senate Journal Page 2611 SB 63 HOUSE CS FOR SENATE BILL NO. 63(FIN) An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors. Senator Leman, Acting Majority Leader, moved that the Senate concur in the House amendment. The question being: Shall the Senate concur in the House amendment? The roll was taken with the following result: HCS SB 63(FIN) Shall the Senate Concur in the House amendment to SB 63? YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Lincoln, Taylor and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR SENATE BILL NO. 63(FIN) An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors. Senator Mackie moved and asked unanimous consent that he be shown as a cosponsor on the bill. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. 1998-02-23 Senate Journal Page 2612 Communications The following reports are on file in the Office of the Secretary of the Senate: Annual Legislative Report on Removal of Water from One Hydrologic Unit to Another from Division of Mining and Water Management, Department of Natural Resources in accordance with AS 46.15.020(b)(5) Alaska Public Debt 1997-1998 from Treasury Division, Department of Revenue Alaska Energy Authority Combined Financial Statements and Schedule, June 30, 1997 and 1996 from KPMG Peat Marwick LLP, Independent Auditors Standing Committee Reports SB 197 The Rules Committee considered 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 and recommended it be replaced with CS FOR SENATE BILL NO. 197(RLS) An Act relating to health care services provided by, and practices of, a health maintenance organization; providing that an enrollee in a health maintenance organization has the right to select a treating chiropractor; specifying certain chiropractic health care reports, examinations, and limits on treatment; and prohibiting health maintenance organizations from limiting free speech of health care providers. Signing to calendar: Senator Kelly, Chair, Senators Duncan, Taylor, Leman, Torgerson. 1998-02-23 Senate Journal Page 2613 SB 197 Previous zero fiscal note applies to the committee substitute. The bill is on todays calendar. HB 137 The Rules Committee considered CS FOR HOUSE BILL NO. 137(L&C) An Act relating to veterinarians; extending the termination date of the Board of Veterinary Examiners; and providing for an effective date. Signing to calendar: Senator Kelly, Chair, Senators Taylor, Leman, Torgerson. The bill is on todays calendar. Consideration of the Calendar Second Reading of Senate Bills SB 197 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 was read the second time. Senator Kelly moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 2612. Senator Halford objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 197(RLS) An Act relating to health care services provided by, and practices of, a health maintenance organization; providing that an enrollee in a health maintenance organization has the right to select a treating chiropractor; specifying certain chiropractic health care reports, examinations, and limits on treatment; and prohibiting health maintenance organizations from limiting free speech of health care providers was adopted and read the second time. Senator Phillips moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Phillips was required to vote. 1998-02-23 Senate Journal Page 2614 SB 197 Senator Donley offered Amendment No. 1 : Page 2, following line 5: Insert a new bill section to read: "* Sec. 2. AS 21.86.060(a) is amended to read: (a) A health maintenance organization may provide provider ªPHYSICIANß services directly, through provider [PHYSICIANß employees, or may provide the services under arrangements with individual providers ªPHYSICIANSß or one or more groups of providers ªPHYSICIANSß." Renumber the following bill sections accordingly. Senator Donley moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Halford offered Amendment No. 2 : Page 2, line 1, following subsection, Insert: (1); Page 2, line 5, following midwife, Insert: ; (2) unfair discrimination does not include requirements imposed by an insurer for purposes of utilization review, cost containment, or standards of clinically appropriate health care services. Senator Halford moved for the adoption of Amendment No. 2. Senator Donley objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: 1998-02-23 Senate Journal Page 2615 SB 197 CSSB 197(RLS) am Second Reading Amendment No. 2 YEAS: 10 NAYS: 8 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Green, Halford, Hoffman, Leman, Mackie, Miller, Pearce, Phillips, Ward Nays: Donley, Duncan, Ellis, Kelly, Parnell, Sharp, Torgerson, Wilken Excused: Lincoln, Taylor and so, Amendment No. 2 was adopted. Senator Leman, Acting Majority Leader, 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. 197(RLS) am was read the third time. Senator Donley moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Without objection, it was so ordered. Senator Donley offered Amendment No. 3 : Delete Section 1. Renumber remaining sections. Senator Donley moved and asked unanimous consent for the adoption of Amendment No. 3. Senator Duncan objected, then withdrew his objection. There being no further objections, Amendment No. 3 was adopted. The bill was automatically in third reading. 1998-02-23 Senate Journal Page 2616 SB 197 The question being: Shall CS FOR SENATE BILL NO. 197(RLS) am An Act relating to health care services provided by, and practices of, a health maintenance organization; providing that an enrollee in a health maintenance organization has the right to select a treating chiropractor; specifying certain chiropractic health care reports, examinations, and limits on treatment; and prohibiting health maintenance organizations from limiting free speech of health care providers pass the Senate? The roll was taken with the following result: CSSB 197(RLS) am Third Reading - Final Passage YEAS: 17 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Mackie, Miller, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Parnell Excused: Lincoln, Taylor and so, CS FOR SENATE BILL NO. 197(RLS) am passed the Senate. Senator Wilken gave notice of reconsideration. Second Reading of House Bills HB 137 CS FOR HOUSE BILL NO. 137(L&C) An Act relating to veterinarians; extending the termination date of the Board of Veterinary Examiners; and providing for an effective date was read the second time. Senator Green moved and asked unanimous consent for the adoption of the State Affairs Senate Committee Substitute offered on page 2497. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 137(STA) was adopted and read the second time. 1998-02-23 Senate Journal Page 2617 HB 137 Senator Leman, Acting Majority Leader, 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. 137(STA) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 137(STA) An Act relating to veterinarians; extending the termination date of the Board of Veterinary Examiners; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 137(STA) Third Reading - Final Passage Effective Dates YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Lincoln, Taylor and so, SENATE CS FOR CS FOR HOUSE BILL NO. 137(STA) passed the Senate. Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Citations Honoring - Mat-Su College, Fortieth Anniversary Representative(s) Kohring, Ogan Senator(s) Green, Halford, Pearce, Wilken, Leman, Taylor, Kelly, Lincoln, Donley, Mackie 1998-02-23 Senate Journal Page 2618 Honoring - Darcie Salmon Representative(s) Kohring, Ogan, Masek Senator(s) Green, Halford, Pearce, Wilken, Leman, Taylor, Kelly, Lincoln, Donley, Ward, Mackie In Memoriam - Richard Kincaid Senator(s) Halford, Ward, Green, Pearce, Wilken, Leman, Taylor, Kelly, Lincoln, Donley, Mackie Representative(s) Kohring Senator Leman, Acting Majority Leader, 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 SB 240 Senator Halford moved and asked unanimous consent that the Senate rescind its previous action in passing SENATE BILL NO. 240(title am) An Act repealing the tax on punchboards and coin-operated amusement devices; and providing for an effective date. Without objection, it was so ordered. SENATE BILL NO. 240(title am) was before the Senate in third reading. Senator Halford offered Title Amendment No. 2: Page 1, line 1, following the first and: Insert certain Page 1, line 1: Delete amusement Senator Halford moved and asked unanimous consent for the adoption of Title Amendment No. 2. Without objection, Title Amendment No. 2 was adopted. 1998-02-23 Senate Journal Page 2619 SB 240 The question being: Shall SENATE BILL NO. 240(title am) An Act repealing the tax on punchboards and certain coin-operated devices; and providing for an effective date pass the Senate? The roll was taken with the following result: SB 240(title am) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Lincoln, Taylor Absent: Adams and so, SENATE BILL NO. 240(title am)(reengrossed) passed the Senate. Senator Leman, Acting Majority Leader 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 and the bill was referred to the Secretary for engrossment. SB 191 President Miller added a Finance Committee referral to 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. The bill was referred to the Resources and Finance Committees. Senator Mackie moved and asked unanimous consent that he be excused from a call of the Senate on March 2. Without objection, Senator Mackie was excused. 1998-02-23 Senate Journal Page 2620 Announcements Announcements are at the end of the journal. Engrossment SB 240 SENATE BILL NO. 240(title am)(reengrossed) An Act repealing the tax on punchboards and certain coin-operated devices; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 137 SENATE CS FOR CS FOR HOUSE BILL NO. 137(STA) An Act relating to veterinarians; extending the termination date of the Board of Veterinary Examiners; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. Adjournment Senator Leman, Acting Majority Leader moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 24, 1998. Without objection, the Senate adjourned at 12:17 p.m. Nancy Quinto Secretary of the Senate February 1998 1998-02-23 Senate Journal Page 2621 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 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 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 23 MONDAY 4:30 PM -- CONTINUED FROM 02/23/98 9:00 A.M. -- 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 1998-02-23 Senate Journal Page 2622 FINANCE CONTINUED 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 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 1998-02-23 Senate Journal Page 2623 FINANCE CONTINUED 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 23 MONDAY 9:00 AM + SB 306TAX EXEMPTIONS IN CHILD SUPPORT CASES + SB 203PHONICS CURRICULUM TRAUMATIC BRAIN INJURY ACT UPDATE FEB 25 WEDNESDAY 9:00 AM + SB 257ACADEMIC PERFORM/ACCREDITATION/STATE AID (TESTIMONY ON PAGES 1-6 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 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 ---------------------------------------- 1998-02-23 Senate Journal Page 2624 LABOR & COMMERCE FAHRENKAMP RM 203 FEB 24 TUESDAY 1:30 PM + HB 73SALMON MARKETING ASSESSMENT & ASMI + SB 268WAGE CLAIM ASSIGNMENTS TO DEPT. OF LABOR STATE LOCATE STANDARDS <POSTPONED> <BILL PREVIOUSLY HEARD> + SB 283AUTOMOBILE CIVIL LIABILITY 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 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 12:17 PM SB 204STATE LAND FOR MUNICIP. SPORT FACILITIES SB 259METROPOLITAN PLANNING AUTHORITY HJR 49NATL FOREST ROAD-BUILDING MORATORIUM ---------------------------------------- 1998-02-23 Senate Journal Page 2625 STATE AFFAIRS BELTZ ROOM 211 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 24 TUESDAY 1:30 PM + SB 304REGULATION OF MOTOR VEHICLES & HWYS FEB 26 THURSDAY 1:30 PM NO MEETING SCHEDULED OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH RM 205 FEB 25 WEDNESDAY 12:00 PM --FOSTER PARENTS: FINDING SOLUTIONS ---------------------------------------- JOINT SESSION HOUSE CHAMBER FEB 25 WEDNESDAY 11:00 AM STATE OF THE JUDICIARY ADDRESS ---------------------------------------- MAJORITY CAUCUS BUTROVICH RM 205 FEB 23 MONDAY 5:00 PM MAJORITY CAUCUS ---------------------------------------- 1998-02-23 Senate Journal Page 2626 APOC TRAINING SESSION CAPITOL RMS 203/205 FEB 25 WEDNESDAY 5:30 PM CAMPAIGN DISCLOSURE TRAINING SESSION: --NEW CAMPAIGN DISCLOSURE LAW --NEW REPORTING FORMS