Legislature(1997 - 1998)

1998-02-25 Senate Journal

Full Journal pdf

1998-02-25                     Senate Journal                      Page 2643
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                     TWENTIETH LEGISLATURE - SECOND SESSION                    
                                                                               
Juneau, Alaska                                                                 
                                                                               
                                Forty-fifth Day                                
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Miller at 10:47 a.m.                                                           
                                                                               
The roll showed sixteen members present. Senators Ellis, Leman,                
Lincoln, Mackie were absent.                                                   
                                                                               
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.                                          
                                                                               
Today, in the Christian tradition, is Ash Wednesday, the                      
first day of the season of Lent. I would like to share                         
with you part of the thirteenth chapter of Pauls First                         
Letter to the Corinthians. These words will be familiar                        
to many of you, and as we enter this time of reflection,                       
repentance and preparation, I hope you will pray with                          
me that we all will be granted Gods grace to accept                            
Pauls challenge and live out these words in response to                        
the Love that created us: If I speak in the tongues of                         
men and of angels, but have not love, I am a noisy                             
gong or a clanging cymbal. And if I have prophetic                             
powers and understand all mysteries and all knowledge,                         
and if I have all faith, so as to move mountains, but                          
have not love, I am nothing. If I give away all I have,                        
and if I deliver my body to be burned, but have not                            
love, I gain nothing. Love is patient; love is kind; love                      
is not envious or boastful or arrogant or rude. It does                        
not insist on its own way; it is not irritable or resentful;                   
it does not rejoice in  wrongdoing,  but rejoices in the                       
truth. It bears all things, believes all  things,  hopes  all                  
                                                                               
                                      2643                                     

1998-02-25                     Senate Journal                      Page 2644
things, endures all things. Love never ends....And now                        
faith, hope and love abide, these three; and the greatest                      
of these is love.                                  Amen.                       
                                                                               
Senator Parnell led the Senate in the Pledge of Allegiance.                    
                                                                               
                                                                               
                                Certification                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journal              
for the forty-fourth legislative day be approved as certified by the           
Secretary. Without objection, it was so ordered.                               
                                                                               
The presence of Senator Leman was noted.                                       
                                                                               
                                                                               
                          Standing Committee Reports                         
                                                                               
SB 238                                                                       
The Health, Education and Social Services Committee considered                 
SENATE BILL NO. 238 An Act extending the termination date of                   
the Board of Certified Direct-Entry Midwives. Signing do pass:                 
Senator Wilken, Chair, Senators Ward, Leman, Green.                            
                                                                               
Zero fiscal note published today from Department of Commerce and               
Economic Development.                                                          
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
SB 261                                                                       
The Finance 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 and recommended               
it be replaced with                                                            
                                                                               
                                                                               

1998-02-25                     Senate Journal                      Page 2645
SB 261                                                                       
CS FOR SENATE BILL NO. 261(FIN)                                               
                                                                               
Signing no recommendation: Senator Sharp, Cochair, Senators                    
Phillips, Parnell. Signing do pass: Senators Torgerson, Donley.                
                                                                               
Previous zero fiscal note applies to the committee substitute.                 
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 268                                                                       
The Labor and Commerce Committee considered SENATE BILL                        
NO. 268 An Act relating to the assignment to the Department of                 
Labor of certain wage claims; and providing for an effective date.             
Signing do pass: Senator Leman, Chair, Senators Kelly, Mackie,                 
Hoffman.                                                                       
                                                                               
Zero fiscal note published today from Department of Labor.                     
                                                                               
The bill was referred to the Judiciary Committee.                              
                                                                               
SB 306                                                                       
The Health, Education and Social Services Committee considered                 
SENATE BILL NO. 306 An Act relating to the authority to claim                  
a child who is the subject of a child support order as a dependent             
for purposes of a federal income tax exemption; relating to                    
certification of child support arrears; amending Rule 90.3, Alaska             
Rules of Civil Procedure. Signing do pass: Senator Wilken, Chair,              
Senators Leman, Ward. Signing no recommendation: Senator Green.                
                                                                               
Fiscal note published today from Department of Revenue.                        
                                                                               
The bill was referred to the Judiciary Committee.                              
                                                                               
SB 322                                                                       
The State Affairs Committee considered SENATE BILL NO. 322                     
An Act relating to the Alaska childrens dividend fund; and                     
providing for an effective date. Signing no recommendation: Senator            
Green, Chair, Senator Ward. Signing do pass: Senators Duncan,                  
Miller.                                                                        

1998-02-25                     Senate Journal                      Page 2646
SB 322                                                                       
Fiscal note published today from Department of Revenue.                        
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
SCR 19                                                                       
The Finance 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(FIN)                                                                    
                                                                               
Signing do pass: Senator Sharp, Cochair, Senators Adams, Torgerson.            
Signing no recommendation: Senators Phillips, Parnell.                         
                                                                               
Previous indeterminate fiscal note applies to the committee substitute.        
                                                                               
The resolution was referred to the Rules Committee.                            
                                                                               
                                                                               
                  Introduction and Reference of Senate Bills                 
                                                                               
SB 331                                                                       
SENATE BILL NO. 331 BY THE SENATE HEALTH,                                      
EDUCATION AND SOCIAL SERVICES COMMITTEE BY                                     
REQUEST, entitled:                                                             
                                                                               
An Act regulating licensed professional counselors;                           
regulating use of the titles licensed professional                             
counselor and licensed counselor; amending Rule                                
504(a)(3), Alaska Rules of Evidence; and providing                             
for an effective date.                                                         
                                                                               
was read the first time and referred to the Health, Education and              
Social Services and Judiciary Committees.                                      
                                                                               
                                                                               

1998-02-25                     Senate Journal                      Page 2647
                        Consideration of the Calendar                        
                                                                               
                                  Citations                                  
                                                                               
Honoring - The Better Business Bureau of Alaska - 15th Anniversary             
Senator(s) Kelly, R. Phillips, Hoffman, Pearce, Green, Donley,                 
Leman, Taylor, Duncan, Lincoln, Mackie, Wilken, Parnell, Ellis                 
                                                                               
Honoring - Jan Gladish, Anchor Point Chamber of Commerce, 1997                 
Citizen of the Year                                                            
Senator(s) Torgerson, Hoffman, Pearce, Green, Leman, Taylor, Kelly,            
Duncan, Lincoln, Mackie, Wilken, Parnell                                       
                                                                               
Commemorating - National Medical Laboratory Week, April 12-18,                 
1998                                                                           
Senator(s) Torgerson, Hoffman, Pearce, Green, Leman, Taylor, Kelly,            
Duncan, Lincoln, Mackie, Wilken, Parnell                                       
                                                                               
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.                                     
                                                                               
                                                                               
The presence of Senator Lincoln was noted.                                     
                                                                               
                                                                               
                                    Recess                                   
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in recess to the Joint Session. Without objection, the Senate            
recessed at 10:57 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 11:06             
a.m.                                                                           

1998-02-25                     Senate Journal                      Page 2648
The purpose of the Joint Session was to hear an address by the                 
Honorable Warren Matthews, Chief Justice of the Supreme Court.                 
                                                                               
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 Senator Parnell and Representative Green            
to escort Chief Justice Warren Matthews to the Joint Session.                  
                                                                               
The Senate Sergeant at Arms, Ethan Falatko, announced Chief Justice            
Matthews entrance to the House Chamber.                                        
                                                                               
The Honorable Warren Matthews was escorted to the rostrum and                  
introduced by President Miller.                                                
                                                                               
Chief Justice Matthews delivered his address. This address appears             
in House and Senate Joint Journal Supplement No. 14.                           
                                                                               
Chief Justice Matthews received a standing ovation and was escorted            
from the chamber by Representative Green and Senator Parnell.                  
                                                                               
Senator Taylor moved and asked unanimous consent that the Joint                
Session stand in adjournment.  Without objection, President Miller             
adjourned the Joint Session at 11:42 a.m.                                      
                                                                               
                                                                               
                                 After Recess                                 
                                                                               
                                 In the Senate                                
                                                                               
The Senate reconvened at 11:44 p.m.                                            
                                                                               
                                                                               
The presence of Senator Ellis was noted.                                       
                                                                               

1998-02-25                     Senate Journal                      Page 2649
                             Unfinished Business                             
                                                                               
Senator Hoffman moved and asked unanimous consent that he be                   
excused from a call of the Senate on February 26 from 10:00 a.m.               
through 12:00 noon. Without objection, Senator Hoffman was                     
excused.                                                                       
                                                                               
                                                                               
The presence of Senator Mackie was noted.                                      
                                                                               
                                                                               
                                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 26, 1998. Without              
objection, the Senate adjourned at 12:16 p.m.                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                         February 1998         

1998-02-25                     Senate Journal                      Page 2650
                                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 25                         WEDNESDAY  1:30 PM                              
+	SB 308LEASE-PURCHASE: ANCHORAGE JAIL                                        
	<BILLS PREVIOUSLY HEARD>                                                     
                                                                               
FEB 27                          FRIDAY  0:00 AM                                
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
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                                                             
                                                                               
                                                                               

1998-02-25                     Senate Journal                      Page 2651
                              FINANCE CONTINUED                              
FEB 26                         THURSDAY  8:30 AM                               
	-- TIME CHANGE --                                                            
	<PREVIOUSLY HEARD/SCHEDULED BILLS>                                           
	SB 273CHARITABLE GAMING                                                      
	-- RESCHEDULED FROM 02/24/98 --                                              
	SB  36PUBLIC SCHOOL FUNDING                                                  
	-- RESCHEDULED TO 02/26/98 6:00 PM --                                        
+	SB 234BOARD OF GOVERNORS OF AK BAR ASSN                                     
+	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 26                         THURSDAY  6:00 PM                               
	-- TIME CHANGE --                                                            
+	SB  36PUBLIC SCHOOL FUNDING                                                 
                                                                               
FEB 27                          FRIDAY  9:00 AM                                
	SB 229APPROPRIATIONS: OPERATING BUDGET                                       
	RESULTS BASED GOVERNMENT WORK SESSION:                                       
	WORKFORCE DEVELOPMENT: YOUTH CORPS                                           
                                                                               
FEB 27                          FRIDAY  4:30 PM                                
	-- TIME CHANGE --                                                            
+	SB  36PUBLIC SCHOOL FUNDING                                                 
                                                                               
FEB 28                         SATURDAY 10:00 AM                               
	-- TIME CHANGE --                                                            
+	SB  36PUBLIC SCHOOL FUNDING                                                 
                                                                               
MAR 02                          MONDAY  9:00 AM                                
	SB 229APPROPRIATIONS: OPERATING BUDGET                                       
	RESULTS BASED GOVERNMENT WORK SESSION                                        
	NATURAL RESOURCES: LANDS PROGRAMS                                            
                                                                               
MAR 10                          TUESDAY  0:00 AM                               
	-- TIME TO BE ANNOUNCED --                                                   
	SB 229APPROPRIATIONS: OPERATING BUDGET                                       
	REVENUE SUMMIT                                                               
                                                                               

1998-02-25                     Senate Journal                      Page 2652
                              FINANCE CONTINUED                              
MAR 11                         WEDNESDAY  8:15 AM                              
	-- TIME CHANGE --                                                            
	KEY CAMPAIGN PRESENTATION                                                    
                                                                               
MAR 11                         WEDNESDAY  9:30 AM                              
	-- TIME CHANGE --                                                            
	-- AGENDA TO BE ANNOUNCED --                                                 
                                                                               
MAR 12                         THURSDAY  9:00 AM                               
	-- AGENDA TO BE ANNOUNCED --                                                 
                                                                               
MAR 13                          FRIDAY  9:00 AM                                
	-- AGENDA TO BE ANNOUNCED --                                                 
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
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                              
	-- RESCHEDULED FROM 02/23/98 --                                              
	SB 306TAX EXEMPTIONS IN CHILD SUPPORT CASES                                  
                                                                               
FEB 27                          FRIDAY  9:00 AM                                
+	SB 321ASSISTED LIVING FACILITIES                                            
+	SB 246HARBORVIEW DEVELOPMENTAL CENTER                                       
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
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                                                         
                    ----------------------------------------                   
                                                                               
                                                                               

1998-02-25                     Senate Journal                      Page 2653
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
FEB 26                         THURSDAY  1:30 PM                               
	-- MEETING CANCELLED --                                                      
	BILLS BELOW WILL BE RESCHEDULED                                              
+	HB 135DENTISTS: LICENSING & EXTEND EXAMINING BD                             
+	SB 233ALCOHOL BEVERAGE CONTROL BOARD                                        
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
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 25                         WEDNESDAY 12:20 PM                              
	HCR 29AUTHORIZING A RECESS LONGER THAN 3 DAYS                                
	HCR 30AUTHORIZING A RECESS LONGER THAN 3 DAYS                                
	SCR 19PROTOTYPE SCHOOL DESIGN                                                
                                                                               
FEB 26                         THURSDAY  0:00 AM                               
	ON ADJOURNMENT                                                               
	SB 261SPECIAL OLYMPICS 2001                                                  
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
FEB 26                         THURSDAY  3:30 PM                               
	SB 309USE OF NONLETHAL AND DEFENSIVE WEAPONS                                 
	SR   1SWISS COMP OF HOLOCAUST SURVIVORS                                      
	SCR 22KIDS VOTING ALASKA PROGRAMS                                            
	<BILLS PREVIOUSLY HEARD>                                                     
                    ----------------------------------------                   
                                                                               
                                                                               

1998-02-25                     Senate Journal                      Page 2654
                                TRANSPORTATION                               
                               BUTROVICH ROOM 205                              
FEB 26                         THURSDAY  1:30 PM                               
	NO MEETING SCHEDULED                                                         
                                                                               
                                OTHER MEETINGS                               
                                                                               
                               CHILDRENS CAUCUS                              
                                BUTROVICH RM 205                               
FEB 25                         WEDNESDAY 12:00 PM                              
	--FOSTER PARENTS OFFER SOLUTIONS                                             
                    ----------------------------------------                   
                                                                               
                                JOINT SESSION                                
                                 HOUSE CHAMBER                                 
FEB 25                         WEDNESDAY 11:00 AM                              
	STATE OF THE JUDICIARY ADDRESS                                               
                    ----------------------------------------                   
                                                                               
                            APOC TRAINING SESSION                            
                              CAPITOL RMS 203/205                              
FEB 25                         WEDNESDAY  5:30 PM                              
	CAMPAIGN DISCLOSURE TRAINING SESSION:                                        
	--NEW CAMPAIGN DISCLOSURE LAW                                                
	--NEW REPORTING FORMS