Legislature(1997 - 1998)
1998-03-04 Senate Journal
Full Journal pdf1998-03-04 Senate Journal Page 2731 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Fifty-second Day Pursuant to adjournment the Senate was called to order by President Miller at 11:02 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Father Mike Schwarte of the Cathedral of the Nativity. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Blessed are the poor in spirit for theirs is the Kingdom of Heaven. Blessed are those who mourn for they will be comforted. Blessed are the meek for they will inherit the earth. Blessed are those who hunger and thirst for righteousness for they will be filled. Blessed are you merciful for you will be shown mercy. Blessed are the pure in heart, for you will see God. Blessed are the peacemakers for you will be called daughters and sons of God. Blessed are those who are persecuted because of righteousness and justice for yours is the Kingdom of Heaven. Amen. (Matthew 5:3-11) Senator Ward led the Senate in the Pledge of Allegiance. Certification Senator Taylor moved and asked unanimous consent that the journal for the fifty-first legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 2731 1998-03-04 Senate Journal Page 2732 Standing Committee Reports Report dated March 3 was read stating: The Senate Labor and Commerce Committee reviewed the following with regard to confirmation of the Governors appointment: Department of Commerce and Economic Development Debby Sedwick, Commissioner Signing the report: Senator Leman, Chair, Senators Mackie, Miller, Kelly, Hoffman. SCR 11 The Health, Education and Social Services Committee considered SENATE CONCURRENT RESOLUTION NO. 11 Creating the Long-Term Care Task Force, and recommended it be replaced with CS FOR SENATE CONCURRENT RESOLUTION NO. 11(HES) Signing do pass: Senator Wilken, Chair, Senators Leman, Ward, Green. Fiscal note for the resolution and the committee substitute published today from Legislative Affairs Agency. Zero fiscal notes for the resolution and committee substitute published today from Department of Commerce and Economic Development, Office of the Governor. The resolution was referred to the Finance Committee. SJR 38 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 38 Relating to the bombardment of the village of Angoon. Signing do pass: Senator Green, Chair, Senators Duncan, Mackie, Ward. Zero fiscal note published today from the Senate State Affairs Committee. 1998-03-04 Senate Journal Page 2733 SJR 38 The resolution was referred to the Rules Committee. SJR 39 The Health, Education and Social Services Committee considered SENATE JOINT RESOLUTION NO. 39 Relating to improving reading instruction in elementary and secondary schools, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 39(HES) Signing do pass: Senator Wilken, Chair, Senators Leman, Ward, Green. Zero fiscal note for the resolution and the committee substitute published today from the Senate Health, Education and Social Services Committee. The bill was referred to the Rules Committee. SB 76 Forthcoming indeterminate fiscal note for the State Affairs Committee Substitute (page 2658) for SENATE BILL NO. 76 An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions published today from Office of the Governor. SB 269 The Labor and Commerce Committee considered SENATE BILL NO. 269 An Act relating to the state plumbing code; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 269(L&C) Signing do pass: Senator Leman, Chair, Senators Kelly, Miller, Hoffman, Mackie. Zero fiscal note for the bill and the committee substitute published today from Department of Labor. 1998-03-04 Senate Journal Page 2734 SB 269 The bill was referred to the Rules Committee. SB 284 The State Affairs Committee considered SENATE BILL NO. 284 An Act relating to cruelty to animals and recommended it be replaced with CS FOR SENATE BILL NO. 284(STA) Signing do pass: Senator Green, Chair, Senators Duncan, Mackie, Ward. Zero fiscal notes for the bill and the committee substitute published today from the Senate State Affairs Committee, Department of Law. The bill was referred to the Judiciary Committee. SB 309 The State Affairs Committee considered SENATE BILL NO. 309 An Act relating to the use of force by peace officers and correctional officers. Signing do pass: Senator Green, Chair, Senators Mackie, Ward. Signing no recommendation: Senator Duncan. Zero fiscal note published today from Department of Corrections. The bill was referred to the Judiciary Committee. HB 73 The Labor and Commerce Committee considered HOUSE BILL NO. 73 An Act extending the termination dates of the salmon marketing programs of the Alaska Seafood Marketing Institute and the salmon marketing assessment; and providing for an effective date. Signing do pass: Senator Leman, Chair. Signing no recommendation: Senators Kelly, Mackie, Miller, Hoffman. Previous House fiscal and zero fiscal notes. 1998-03-04 Senate Journal Page 2735 HB 73 The bill was referred to the Resources Committee. SCR 22 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 22 Relating to promotion of Kids Voting Alaska programs. Signing to calendar: Senator Kelly, Chair, Senators Duncan, Taylor, Leman, Torgerson. The resolution is on todays calendar. SB 307 The Rules Committee considered SENATE BILL NO. 307 An Act relating to conditions for filling vacancies in the office of United States senator; and providing for an effective date. Signing to calendar: Senator Kelly, Chair, Senators Duncan, Taylor, Leman. The bill is on todays calendar. Introduction and Reference of Senate Bills SB 333 SENATE BILL NO. 333 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to the temporary establishment of the Alaska Disaster Assistance Program; and providing for an effective date. was read the first time and referred to the Labor and Commerce, Judiciary and Finance Committees. Governors transmittal letter dated March 3: 1998-03-04 Senate Journal Page 2736 SB 333 Dear President Miller: The 1997 fish returns to the Bristol Bay and Kuskokwim River regions were extremely low, causing a serious loss of income to those area residents involved in the fishing industry. Last July, I declared an economic disaster in these regions. The federal government later made a similar declaration. To assist those suffering from income loss due to this disaster, I transmit this bill establishing the Alaska Disaster Assistance Program (ADAP). Under this temporary program, the Department of Labor may provide to eligible individuals one-time benefits of up to $1,400 over a two-month period. This benefit amount mirrors the payments that would be provided under the federal disaster unemployment assistance program, had that been made available for this disaster. Funds for this state assistance program are included in the supplemental appropriation bill. In order to qualify for the disaster funds, applicants must demonstrate they participated in, or planned to participate in the Bristol Bay salmon drift or set gillnet fisheries, or in the Kuskokwim River salmon gillnet fisheries during the 1997 season, and had some employment connection to the fisheries in the previous two years. Applicants must also have a family income that does not exceed 185 percent of the federal poverty guidelines. Those receiving public assistance or unemployment insurance benefits will not be eligible for this program. The program is designed to make funds available as soon as possible and be repealed January 31, 1999, after the 1998 tax statements have been issued to recipients. I urge your prompt consideration of this bill. Sincerely, /s/ Tony Knowles Governor 1998-03-04 Senate Journal Page 2737 Consideration of the Calendar Second Reading of Senate Bills SB 307 SENATE BILL NO. 307 An Act relating to conditions for filling vacancies in the office of United States senator; 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. Without objection, it was so ordered. SENATE BILL NO. 307 was read the third time. Senator Kelly moved and asked unanimous consent that he be shown as a cosponsor on the bill. Without objection, it was so ordered. The question being: Shall SENATE BILL NO. 307 An Act relating to conditions for filling vacancies in the office of United States senator; and providing for an effective date pass the Senate? The roll was taken with the following result: SB 307 Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Ellis and so, SENATE BILL NO. 307 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 Duncan gave notice of reconsideration. 1998-03-04 Senate Journal Page 2738 Second Reading of Senate Resolutions SCR 22 SENATE CONCURRENT RESOLUTION NO. 22 Relating to promotion of Kids Voting Alaska programs, 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 2700. Without objection, CS FOR SENATE CONCURRENT RESOLUTION NO. 22(STA) was adopted, read the second time and was before the Senate on final passage. Senators Mackie, Taylor, Leman, Lincoln, Kelly, Sharp, Duncan, Hoffman, Green moved and asked unanimous consent that they be shown as cosponsors on the resolution. Without objection, it was so ordered. The question being: Shall CS FOR SENATE CONCURRENT RESOLUTION NO. 22(STA) Relating to promotion of Kids Voting Alaska programs, pass the Senate? The roll was taken with the following result: CSSCR 22(STA) Second Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken and so, CS FOR SENATE CONCURRENT RESOLUTION NO. 22(STA) passed the Senate and was referred to the Secretary for engrossment. 1998-03-04 Senate Journal Page 2739 Citations Honoring - Harry Johns, Sr. Senator(s) Lincoln, Hoffman, Adams, Taylor, Kelly, Pearce, Parnell, Duncan, Mackie, Wilken, Leman, Halford Representative(s) Nicholia Honoring - Maggie Ahmaogak Senator(s) Adams, Hoffman, Lincoln, Taylor, Kelly, Pearce, Parnell, Duncan, Mackie, Wilken, Leman, Halford Representative(s) Joule, Foster Honoring - Burton Atqaan Rexford Senator(s) Adams, Hoffman, Lincoln, Taylor, Kelly, Pearce, Parnell, Duncan, Mackie, Wilken, Leman Representative(s) Joule, Foster Honoring - Dr. Thomas F. Albert Senator(s) Adams, Hoffman, Lincoln, Taylor, Kelly, Pearce, Parnell, Duncan, Mackie, Wilken, Leman Representative(s) Joule, Foster In Memoriam - Trude Ann Milanowski Representative(s) Nicholia Senator(s) Lincoln, Hoffman, Adams, Taylor, Kelly, Pearce, Duncan, Mackie, Wilken, Leman 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. Senator Taylor moved and asked unanimous consent that the notice and publication requirements be waived and the following citation be made a special order of business. Without objection, it was so ordered. 1998-03-04 Senate Journal Page 2740 Special Order of Business In Memoriam - Joel Kotke Representative(s) Bunde Senator(s) Donley, Kelly, Taylor, Pearce, Duncan, Parnell, Leman, Lincoln Senator Taylor moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Unfinished Business Senator Taylor, moved and asked unanimous consent that President Miller be excused from the Senate, not subject to a call, from March 6 through morning plane time on March 9. Without objection, President Miller was excused. Senator Kelly moved and asked unanimous consent that he be excused from a call of the Senate on March 6. Without objection, Senator Kelly was excused. Announcements Announcements are at the end of the journal. Engrossment SCR 22 CS FOR SENATE CONCURRENT RESOLUTION NO. 22(STA) Relating to promotion of Kids Voting Alaska programs, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1998-03-04 Senate Journal Page 2741 Enrollment SCR 2 CS FOR SENATE CONCURRENT RESOLUTION NO. 2(RES) Relating to management of Alaskas wildlife resources, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 4:00 p.m., March 3, 1998. Adjournment Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 5, 1998. Without objection, the Senate adjourned at 11:24 a.m. Nancy Quinto Secretary of the Senate March 1998 1998-03-04 Senate Journal Page 2742 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 MAR 04 WEDNESDAY 0:00 AM NO MEETING SCHEDULED MAR 06 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 MAR 04 WEDNESDAY 10:00 AM -- TIME CHANGE -- + SB 36PUBLIC SCHOOL FUNDING SCR 14PARITY FOR MENTAL HEALTH TASK FORCE <REMOVED FROM AGENDA> <BILLS PREVIOUSLY SCHEDULED/HEARD> MAR 04 WEDNESDAY 4:30 PM + SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION ALASKA SCIENCE & TECHNOLOGY FOUNDATION + SB 36PUBLIC SCHOOL FUNDING MAR 05 THURSDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION OIL AND GAS LITIGATION 1998-03-04 Senate Journal Page 2743 FINANCE MAR 05 THURSDAY 5:00 PM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION RURAL UTILITY BUSINESS ADVISOR PROGRAM (RUBA) 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> 1998-03-04 Senate Journal Page 2744 FINANCE MAR 13 FRIDAY 9:00 AM SB 185VOTER LISTS & VOTER REGISTRATION <BILLS PREVIOUSLY SCHEDULED/HEARD> ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 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 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> ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAR 05 THURSDAY 1:30 PM + HB 199COMMUNITY PROPERTY + SB 160DENTAL RADIOLOGICAL EQUIPMENT + HB 135DENTISTS: LICENSING & EXTEND EXAMINING BD <BILLS PREVIOUSLY HEARD> ---------------------------------------- 1998-03-04 Senate Journal Page 2745 RESOURCES BUTROVICH ROOM 205 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 ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAR 05 THURSDAY 3:30 PM -- MEETING CANCELLED -- <BILLS PREVIOUSLY HEARD> ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 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 MAR 05 THURSDAY 12:00 PM CONSIDER THE APPOINTMENT OF THE LEG AUDITOR OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH RM 205 MAR 04 WEDNESDAY 12:00 PM FETAL ALCOHOL SYNDROME: A TIME FOR ACTION