Legislature(1997 - 1998)
1998-02-27 Senate Journal
Full Journal pdf1998-02-27 Senate Journal Page 2677 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Forty-seventh Day Pursuant to adjournment the Senate was called to order by President Miller at 11:05 a.m. The roll showed eighteen members present. Senators Adams, Duncan 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. O God, Father and Preserver, who in Your goodness has watched over us in this past night and brought us to this day, grant that we may spend the day wholly in Your service. Let us not think of, say or do a single thing that is not in obedience to Your will; but rather let all our actions be directed to Your glory and the salvation of our sisters and brothers. Let us attempt nothing that is not pleasing to You; but rather let us seek happiness only in Your grace and goodness. Grant also, that as we labor for the goods and clothing necessary for this life, we may constantly raise our minds upwards to the heavenly life which You promise to all Your children. Amen. (Adapted from a prayer written by John Calvin) Senator Kelly led the Senate in the Pledge of Allegiance. 2677 1998-02-27 Senate Journal Page 2678 Certification Senator Taylor moved and asked unanimous consent that the journal for the forty-sixth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Communications The following report is on file in the Office of the Secretary of the Senate: Letter of Determination to Take Oil and Gas Royalty In-Value from John Shively, Commissioner, Department of Natural Resources in accordance with AS 38.05.182 Disclosure letters were received in accordance with AS 24.60 and will be published in Senate Journal Supplement No. 6 and Senate and House Joint Journal Supplement No. 15. Standing Committee Reports SB 273 The Finance Committee considered SENATE BILL NO. 273 An Act requiring that gross receipts and ideal gross be used to account for charitable gaming activities; requiring municipalities to provide to the state records concerning sales taxes assessed for charitable gaming activities; requiring that a charitable share of charitable gaming receipts be dedicated to charitable uses; relating to reports required for charitable gaming activities; relating to payments to the state from gross receipts of charitable gaming; relating to contracts between operators or vendors and permittees; relating to licensing of multiple-beneficiary permittees and to the duties of a multiple- beneficiary permittee to each holder of the permit; requiring a person employed as a gaming manager to be certified by the state; limiting the expenditure of amounts of gross receipts and ideal gross required to be paid to permittees or retained by permittees; relating to the 1998-02-27 Senate Journal Page 2679 SB 273 amount of gross receipts and prizes allowed under a permit or a multiple-beneficiary permit; allowing operators to pool gross receipts, prizes, and door prizes among permittees; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 273(FIN) An Act requiring that gross receipts and ideal gross be used to account for charitable gaming activities; making records received by the Department of Revenue under AS 05.15 subject to the laws relating to public records and providing that the Department of Revenue does not have to make those records available to the public until 90 days following the receipt of the records; requiring municipalities to provide to the state records concerning sales taxes assessed for charitable gaming activities; relating to requiring that a charitable share of charitable gaming receipts be dedicated to charitable uses; relating to reports required for charitable gaming activities; relating to payments to the state from gross receipts of charitable gaming; relating to contracts between operators or vendors and permittees; relating to licensing of multiple-beneficiary permittees and to the duties of a multiple- beneficiary permittee to each holder of the permit; requiring a person employed as a gaming manager to be certified by the state and relating to the duties of a gaming manager; limiting the expenditure of amounts of gross receipts and ideal gross required to be paid to permittees or retained by permittees; relating to the amount of gross receipts and prizes allowed under a permit or a multiple-beneficiary permit; allowing operators to pool gross receipts, prizes, and door prizes among permittees; and providing for an effective date. Signing do pass: Senator Sharp, Cochair. Signing no recommendation: Senator Pearce, Cochair, Senators Phillips, Adams, Torgerson, Donley. Zero fiscal note for the bill and the committee substitute published today from Department of Revenue. The bill was referred to the Rules Committee. 1998-02-27 Senate Journal Page 2680 SR 1 The State Affairs Committee considered 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. Signing do pass: Senator Green, Chair, Senators Duncan, Miller, Mackie, Ward. Zero fiscal note published today from the Senate State Affairs Committee. The resolution was referred to the Rules Committee. HB 334 The State Affairs Committee considered CS FOR HOUSE BILL NO. 334(FIN) am An Act relating to waiver of tuition and fees for certain family members of a peace officer or a fire fighter killed in the line of duty; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 334(STA) Signing do pass: Senator Green, Chair, Senators Duncan, Miller, Mackie, Ward. Fiscal note information forthcoming. The bill was referred to the Finance Committee. SB 208 The Rules Committee considered SENATE BILL NO. 208 An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas. Signing to calendar: Senator Kelly, Chair, Senators Torgerson, Leman, Taylor, Duncan. The bill is on todays calendar. 1998-02-27 Senate Journal Page 2681 SB 261 The Rules 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. Signing to calendar: Senator Kelly, Chair, Senators Torgerson, Leman, Taylor, Duncan. The bill is on todays calendar. SCR 19 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 19 Relating to the use of prototype designs in public school construction projects. Signing to calendar: Senator Kelly, Chair, Senators Taylor, Duncan, Torgerson. Signing amend: Senator Leman. The resolution is on todays calendar. Consideration of the Calendar Second Reading of Senate Bills SB 208 SENATE BILL NO. 208 An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas 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. Without objection, it was so ordered. SENATE BILL NO. 208 was read the third time. 1998-02-27 Senate Journal Page 2682 SB 208 The question being: Shall SENATE BILL NO. 208 An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas pass the Senate? The roll was taken with the following result: SB 208 Third Reading - Final Passage YEAS: 16 NAYS: 2 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Ellis, Green Excused: Adams, Duncan and so, SENATE BILL NO. 208 passed the Senate. Senator Sharp gave notice of reconsideration. SB 261 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 was read the second time. Senator Sharp, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2644. Without objection, CS FOR SENATE BILL NO. 261(FIN) was adopted and 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. Without objection, it was so ordered. 1998-02-27 Senate Journal Page 2683 SB 261 Senators Mackie, Kelly moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. Senator Pearce moved and asked unanimous consent that she be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Pearce was required to vote. CS FOR SENATE BILL NO. 261(FIN) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 261(FIN) 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 pass the Senate? The roll was taken with the following result: CSSB 261(FIN) Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 2 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Taylor, Torgerson, Ward, Wilken Nays: Phillips, Sharp Excused: Adams, Duncan and so, CS FOR SENATE BILL NO. 261(FIN) 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. 1998-02-27 Senate Journal Page 2684 Second Reading of Senate Resolutions SCR 19 SENATE CONCURRENT RESOLUTION NO. 19 Relating to the use of prototype designs in public school construction projects, was read the second time. Senator Sharp, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2646. Without objection, CS FOR SENATE CONCURRENT RESOLUTION NO. 19(FIN) was adopted, read the second time and was before the Senate on final passage. Senators Lincoln, Kelly offered Amendment No. 1 : Page 2, line 30: Delete March 15 Insert April 1 Senator Lincoln moved for the adoption of Amendment No. 1. Senator Leman objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senator Leman moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Leman was required to vote. The question being: Shall CS FOR SENATE CONCURRENT RESOLUTION NO. 19(FIN) am Relating to the use of prototype designs in public school construction projects, pass the Senate? The roll was taken with the following result: 1998-02-27 Senate Journal Page 2685 SCR 19 CSSCR 19(FIN) am Second Reading - Final Passage YEAS: 14 NAYS: 4 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Green, Hoffman, Kelly, Lincoln, Mackie, Miller, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Ellis, Halford, Leman, Pearce Excused: Adams, Duncan and so, CS FOR SENATE CONCURRENT RESOLUTION NO. 19(FIN) am passed the Senate and was referred to the Secretary for engrossment. Unfinished Business SB 215 Senator Kelly moved and asked unanimous consent that he be allowed to withdraw SENATE BILL NO. 215 An Act exempting certain seasonal employees of recreational residential youth camps from minimum wage and overtime wage requirements. Without objection, it was so ordered. SB 222 Senator Kelly moved and asked unanimous consent that he be allowed to withdraw SENATE BILL NO. 222 An Act naming the Robert B. Atwood Building. Without objection, it was so ordered. SB 176 Senator Kelly moved and asked unanimous consent that he be allowed to withdraw SENATE BILL NO. 176 An Act relating to workers compensation coverage for certain high school students in uncompensated work-study programs. Without objection, it was so ordered. 1998-02-27 Senate Journal Page 2686 Senator Mackie moved and asked unanimous consent that he be excused from the Senate, not subject to a call, from morning plane time on March 26 through evening plane time on March 28. Without objection, Senator Mackie was excused. Senator Pearce moved and asked unanimous consent that she be excused from a call of the Senate from afternoon plane time on February 27 through February 28. Without objection, Senator Pearce was excused. Senator Ellis moved and asked unanimous consent that he be excused from a call of the Senate from evening plane time on February 27 through morning plane time on March 2. Without objection, Senator Ellis was excused. Announcements SB 212 Senator Leman, Chair, moved and asked unanimous consent that Uniform Rule 23 be waived on SPONSOR SUBSTITUTE FOR SENATE BILL NO. 212 An Act relating to automated teller machines and to night deposit facilities; and providing for an effective date for the Labor and Commerce Committee meeting on March 3. Without objection, it was so ordered. Announcements are at the end of the journal. Engrossment SCR 19 CS FOR SENATE CONCURRENT RESOLUTION NO. 19(FIN) am Relating to the use of prototype designs in public school construction projects was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1998-02-27 Senate Journal Page 2687 Adjournment Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 2, 1998. Without objection, the Senate adjourned at 11:53 a.m. Nancy Quinto Secretary of the Senate February 1998 1998-02-27 Senate Journal Page 2688 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 27 FRIDAY 0:00 AM NO MEETING SCHEDULED MAR 02 MONDAY 0:00 AM NO MEETING SCHEDULED MAR 04 WEDNESDAY 0:00 AM NO MEETING SCHEDULED MAR 06 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 FEB 27 FRIDAY 9:30 AM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION WORKFORCE DEVELOPMENT-YOUTH CORPS FEB 27 FRIDAY 4:30 PM + SB 36PUBLIC SCHOOL FUNDING FEB 28 SATURDAY 10:00 AM + SB 36PUBLIC SCHOOL FUNDING 1998-02-27 Senate Journal Page 2689 FINANCE MAR 02 MONDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION LANDS PROGRAMS MAR 02 MONDAY 4:30 PM SB 246HARBORVIEW DEVELOPMENTAL CENTER <PENDING REFERRAL> INVITATION ONLY PRESENTATION BY DR. FIELD, OREGON STATE DEPT. OF CORRECTIONS DRUG AND ALCOHOL TREATMENT PROGRAMS MAR 03 TUESDAY 8:30 AM + SB 36PUBLIC SCHOOL FUNDING MAR 03 TUESDAY 4:30 PM + SB 36PUBLIC SCHOOL FUNDING MAR 04 WEDNESDAY 8:30 AM + SB 36PUBLIC SCHOOL FUNDING SCR 14PARITY FOR MENTAL HEALTH TASK FORCE <BILLS PREVIOUSLY SCHEDULED/HEARD> MAR 04 WEDNESDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION ALASKA SCIENCE & TECHNOLOGY FOUNDATION, ALYESKA CENTRAL SCHOOL MAR 05 THURSDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION OIL AND GAS LITIGATION MAR 05 THURSDAY 5:00 PM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION RURAL UTILITY BUSINESS ADVISOR PROGRAM (RUBA) 1998-02-27 Senate Journal Page 2690 FINANCE MAR 06 FRIDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION UNIVERSITY-TEACHER TRAINING FINAL REVIEW-CHILD CARE, HEADSTART MAR 09 MONDAY 9:00 AM SB 292APPROPS:CAPITAL/REAPPROP/FUNDS/OPERATING MAR 10 TUESDAY 0:00 AM -- NO MEETING SCHEDULED -- MAR 10 TUESDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION HABITAT PERMITTING MAR 11 WEDNESDAY 8:15 AM KEY CAMPAIGN PRESENTATION MAR 11 WEDNESDAY 9:30 AM SB 180STATE RIGHTS-OF-WAY: RS 2477 SB 235BOARD OF CERTIFIED REAL ESTATE APPRAISERS SB 254LEVY ON PERMANENT FUND DIVIDEND SB 255JOINT TASK FORCE ON MILITARY BASES HB 296EXTEND ALASKA MINERALS COMMISSION MAR 11 WEDNESDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION ALASKA STATE TROOPERS MAR 12 THURSDAY 9:00 AM <BILLS PREVIOUSLY SCHEDULED/HEARD> MAR 12 THURSDAY 4:30 PM <BILLS PREVIOUSLY SCHEDULED/HEARD> MAR 13 FRIDAY 9:00 AM SB 185VOTER LISTS & VOTER REGISTRATION <BILLS PREVIOUSLY SCHEDULED/HEARD> ---------------------------------------- 1998-02-27 Senate Journal Page 2691 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 27 FRIDAY 9:00 AM + SB 246HARBORVIEW DEVELOPMENTAL CENTER -- BILL BELOW RESCHEDULED TO 03/09/98 -- + SB 321ASSISTED LIVING FACILITIES MAR 02 MONDAY 9:00 AM + SCR 11LONG-TERM CARE TASK FORCE + SB 252PATERNITY/CHILD SUPPORT/NONSUPPORT CRIMES + SJR 39SUPPORT READING EXCELLENCE ACT <BILLS HELD FROM PREVIOUS MEETINGS> MAR 04 WEDNESDAY 9:00 AM SB 237COUNCIL DOMESTIC VIOLENCE & SEXUAL ASSAUL <BILLS HELD FROM PREVIOUS MEETINGS> MAR 06 FRIDAY 0:00 AM NO MEETING SCHEDULED MAR 09 MONDAY 9:00 AM SB 321ASSISTED LIVING FACILITIES ---------------------------------------- JUDICIARY BELTZ ROOM 211 FEB 27 FRIDAY 0:00 AM NO MEETING SCHEDULED MAR 02 MONDAY 1:30 PM + SB 307U.S. SENATE VACANCIES + SB 158INSURANCE CHANGES FOR DR. LIC REVOC. <BILLS PREVIOUSLY HEARD> MAR 04 WEDNESDAY 1:30 PM + HB 170SERVICE ANIMALS FOR PHYS/MENT. CHALLENGED + HB 7VICTIM/JUVENILE OFFENDER MEDIATION <BILLS PREVIOUSLY HEARD> MAR 06 FRIDAY 1:30 PM LEGISLATIVE BUDGET & AUDIT REPORT ON SB 201: + SB 201PROHIBIT RECOVERY BY WRONGDOER <BILLS PREVIOUSLY HEARD> ---------------------------------------- 1998-02-27 Senate Journal Page 2692 LABOR & COMMERCE FAHRENKAMP RM 203 MAR 03 TUESDAY 1:30 PM + CONFIRMATION HEARING-DEBBY SEDWICK DEPT OF COMMERCE AND ECONOMIC DEVELOPMENT + SB 269PLUMBING CODE BILLS PREVIOUSLY HEARD (OTHERS MAY BE ADDED): + HB 73SALMON MARKETING ASSESSMENT & ASMI SB 212FEES FOR USE OF AUTOMATED TELLER MACHINES <UNIFORM RULE 23 WAIVED> MAR 05 THURSDAY 1:30 PM + HB 199COMMUNITY PROPERTY + SB 160DENTAL RADIOLOGICAL EQUIPMENT + HB 135DENTISTS: LICENSING & EXTEND EXAMINING BD <BILLS PREVIOUSLY HEARD> ---------------------------------------- RESOURCES BUTROVICH ROOM 205 FEB 27 FRIDAY 0:00 AM NO MEETING SCHEDULED MAR 02 MONDAY 3:30 PM SJR 33SUPPORT AMERICAN FISHERIES ACT SB 108STATE LAND LOTTERY PROGRAM <BILLS PREVIOUSLY HEARD/SCHEDULED> HB 128WATER QUALITY; WATER SCIENCE OVERSIGHT BD <REMOVED FROM AGENDA> MAR 04 WEDNESDAY 3:30 PM SJR 40FISHERIES MANAGEMENT FEE <BILLS PREVIOUSLY HEARD/SCHEDULED> SB 108STATE LAND LOTTERY PROGRAM <REMOVED FROM AGENDA> MAR 06 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- 1998-02-27 Senate Journal Page 2693 STATE AFFAIRS BELTZ ROOM 211 MAR 03 TUESDAY 3:30 PM SJR 38APOLOGY TO VILLAGE OF ANGOON + SB 284CRUELTY TO ANIMALS <BILLS PREVIOUSLY HEARD> MAR 05 THURSDAY 3:30 PM <BILLS PREVIOUSLY HEARD> ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAR 03 TUESDAY 0:00 AM NO MEETING SCHEDULED MAR 05 THURSDAY 0:00 AM NO MEETING SCHEDULED JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 MAR 04 WEDNESDAY 12:00 PM CONSIDER MATTERS PERTAINING TO AUDIT DIVISION OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH RM 205 MAR 04 WEDNESDAY 12:00 PM FETAL ALCOHOL SYNDROME: A TIME FOR ACTION