Legislature(1997 - 1998)
1998-03-06 Senate Journal
Full Journal pdf1998-03-06 Senate Journal Page 2767 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Fifty-fourth Day Pursuant to adjournment the Senate was called to order by President pro tempore Torgerson at 11:27 a.m. The roll showed sixteen members present. Senators Ellis, Kelly, Miller were excused from a call of the Senate. Senator Halford was absent. The prayer was offered by the Chaplain, Senator Taylor. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O God, You have bound us together in a common life. Help us, in the midst of our struggles for justice and truth, to confront one another without hatred or bitterness, and to work together with mutual patience and respect. Amen. Senator Wilken led the Senate in the Pledge of Allegiance. Certification Senator Taylor moved and asked unanimous consent that the journal for the fifty-third legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Senator Pearce moved and asked unanimous consent that the Senate advance to Unfinished Business. Without objection, the Senate advanced to: 2767 1998-03-06 Senate Journal Page 2768 Unfinished Business Senator Pearce moved and asked unanimous consent that she be excused from a call of the Senate from 11:30 a.m to 1:30 p.m. on March 6. Without objection, Senator Pearce was excused. The Senate returned to: Standing Committee Reports HB 116 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 116(FIN) An Act relating to workers compensation self- insurance and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO.116(L&C) Signing do pass: Senator Leman, Chair, Senator Miller. Signing no recommendation: Senator Mackie. Signing do not pass: Senator Hoffman. Signing do not pass until amended: Senator Kelly. Fiscal note information forthcoming. The bill was referred to the Judiciary Committee. HB 135 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 135(RLS) An Act extending the termination date of the Board of Dental Examiners to June 30, 2001; eliminating a requirement that a dental applicants photograph be autographed; specifying the circumstances under which a person may be licensed as a dentist in this state without examination when the person is licensed as a dentist in another jurisdiction whose licensing requirements are not equivalent to this states requirements; and providing for an effective date and recommended it be replaced with 1998-03-06 Senate Journal Page 2769 HB 135 SENATE CS FOR CS FOR HOUSE BILL NO.135(L&C) Signing do pass: Senator Leman, Chair, Senators Kelly, Mackie. Fiscal note information forthcoming. The bill was referred to the Rules Committee. HB 199 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 199(JUD) An Act relating to the property, transactions, and obligations of spouses; relating to the augmented estate; amending Rule 301, Alaska Rules of Evidence; and providing for an effective date. Signing do pass: Senator Leman, Chair. Signing no recommendation: Senators Mackie, Kelly. Previous House zero fiscal notes. The bill was referred to the Judiciary Committee. SB 269 The Rules Committee considered SENATE BILL NO. 269 An Act relating to the state plumbing code; and providing for an effective date. Signing to calendar: Senator Kelly, Chair, Senators Taylor, Leman, Torgerson. The bill is on todays calendar. SJR 38 The Rules Committee considered SENATE JOINT RESOLUTION NO. 38 Relating to the bombardment of the village of Angoon. Signing to calendar: Senator Kelly, Chair, Senators Taylor, Leman, Torgerson. The resolution is on todays calendar. 1998-03-06 Senate Journal Page 2770 Introduction and Reference of Senate Bills SB 334 SENATE BILL NO. 334 BY THE SENATE FINANCE COMMITTEE, entitled: An Act relating to guidelines and standards for state training programs; and relating to the Alaska Human Resource Investment Council. was read the first time and referred to the Finance Committee. Consideration of the Calendar Second Reading of Senate Bills SB 269 SENATE BILL NO. 269 An Act relating to the state plumbing code; and providing for an effective date was read the second time. Senator Leman, Chair, moved and asked unanimous consent for the adoption of the Labor and Commerce Committee Substitute offered on page 2733. Without objection, CS FOR SENATE BILL NO. 269(L&C) 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. CS FOR SENATE BILL NO. 269(L&C) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 269(L&C) An Act relating to the state plumbing code; and providing for an effective date pass the Senate? The roll was taken with the following result: 1998-03-06 Senate Journal Page 2771 SB 269 CSSB 269(L&C) Third Reading - Final Passage Effective Dates YEAS: 15 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Adams, Donley, Duncan, Green, Hoffman, Leman, Lincoln, Mackie, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Ellis, Kelly, Miller, Pearce Absent: Halford and so, CS FOR SENATE BILL NO. 269(L&C) 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 clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Second Reading of Senate Resolutions SJR 38 SENATE JOINT RESOLUTION NO. 38 Relating to the bombardment of the village of Angoon, was read the second time. Senator Taylor moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE JOINT RESOLUTION NO. 38 was read the third time. Senator Leman moved and asked unanimous consent that he be shown as a cosponsor on the resolution. Without objection, it was so ordered. The question being: Shall SENATE JOINT RESOLUTION NO. 38 Relating to the bombardment of the village of Angoon, pass the Senate? The roll was taken with the following result: 1998-03-06 Senate Journal Page 2772 SJR 38 SJR 38 Third Reading - Final Passage YEAS: 15 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Adams, Donley, Duncan, Green, Hoffman, Leman, Lincoln, Mackie, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Ellis, Kelly, Miller, Pearce Absent: Halford and so, SENATE JOINT RESOLUTION NO. 38 passed the Senate and was referred to the Secretary for engrossment. Citations Honoring - Trooper Roger Ellis on His Retirement Representative(s) James Senator(s) Miller, Sharp, Wilken, Halford, Green, Taylor, Kelly, Hoffman, Pearce, Adams, Leman, Duncan, Mackie, Lincoln, Parnell Honoring - Sonja Schmidt, Alaskas 1998 Teacher of the Year Representative(s) James Senator(s) Miller, Sharp, Wilken, Halford, Taylor, Kelly, Hoffman, Pearce, Adams, Donley, Leman, Duncan, Mackie, Lincoln, Parnell, Green In Memoriam - Frederick W. Stickman, Jr. Senator(s) Lincoln, Hoffman, Adams, Taylor, Kelly, Wilken, Leman, Duncan, Mackie, Sharp, Parnell, Green Representative(s) Nicholia In Memoriam - Keith Korsmo Senator(s) Duncan, Ellis, Taylor, Kelly, Hoffman, Wilken, Leman, Mackie, Sharp, Lincoln, Parnell, Green Representative(s) Elton, Hudson 1998-03-06 Senate Journal Page 2773 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. Reconsideration of Senate Resolutions SJR 33 Senator Hoffman requested that the reconsideration on CS FOR SENATE JOINT RESOLUTION NO. 33(RES) be taken up. The resolution was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR SENATE JOINT RESOLUTION NO. 33(RES) Supporting reduction of fishing capacity in the Bering Sea fishing fleet and Americanization of the fishing fleet through passage of S. 1221, the American Fisheries Act, by the United States Congress, pass the Senate? The roll was taken with the following result: CSSJR 33(RES) Third Reading - On Reconsideration YEAS: 15 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Adams, Donley, Duncan, Green, Hoffman, Leman, Lincoln, Mackie, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Ellis, Kelly, Miller, Pearce Absent: Halford and so, CS FOR SENATE JOINT RESOLUTION NO. 33(RES) passed the Senate on reconsideration and was referred to the Secretary for engrossment. Unfinished Business Senators Green, Phillips, Hoffman moved and asked unanimous consent that they be excused from a call of the Senate from afternoon plane time on March 6 through morning plane time on March 9. Without objection, Senators Green, Phillips, Hoffman were excused. 1998-03-06 Senate Journal Page 2774 Senator Duncan moved and asked unanimous consent that he be excused from a call of the Senate on March 9. Without objection, Senator Duncan was excused. Senator Taylor moved and asked unanimous consent that he be excused from a call of the Senate from 5:30 p.m. on March 6 through plane time on March 8. Without objection, Senator Taylor was excused. SB 273 The reconsideration on CS FOR SENATE BILL NO. 273(FIN) am 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; 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 was not taken up this legislative day and the bill was referred to the Secretary for engrossment. Announcements Announcements are at the end of the journal. 1998-03-06 Senate Journal Page 2775 Engrossment SB 269 CS FOR SENATE BILL NO. 269(L&C) An Act relating to the state plumbing code; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 273 CS FOR SENATE BILL NO. 273(FIN) am 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; 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 was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SJR 33 CS FOR SENATE JOINT RESOLUTION NO. 33(RES) Supporting reduction of fishing capacity in the Bering Sea fishing fleet and Americanization of the fishing fleet through passage of S. 1221, the American Fisheries Act, by the United States Congress, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1998-03-06 Senate Journal Page 2776 SJR 38 SENATE JOINT RESOLUTION NO. 38 Relating to the bombardment of the village of Angoon, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. Adjournment Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 9, 1998. Without objection, the Senate adjourned at 11:46 a.m. Nancy Quinto Secretary of the Senate March 1998 1998-03-06 Senate Journal Page 2777 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 06 FRIDAY 0:00 AM NO MEETING SCHEDULED MAR 09 MONDAY 0:00 AM NO MEETING SCHEDULED MAR 11 WEDNESDAY 1:30 PM SB 325PROPERTY TAX EXEMPTION FOR DISABLED MAR 13 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 MAR 06 FRIDAY 9:00 AM + SB 36PUBLIC SCHOOL FUNDING CONTINUED FROM MARCH 4 SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION FINAL REVIEW-CHILD CARE, HEADSTART MAR 09 MONDAY 9:00 AM SB 292APPROPS:CAPITAL/REAPPROP/FUNDS/OPERATING + SB 36PUBLIC SCHOOL FUNDING MAR 10 TUESDAY 0:00 AM -- NO MEETING SCHEDULED -- 1998-03-06 Senate Journal Page 2778 FINANCE 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 BILLS PREVIOUSLY SCHEDULED/HEARD HB 296EXTEND ALASKA MINERALS COMMISSION ABOVE BILL RESCHEDULED TO MARCH 12 MAR 11 WEDNESDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION ALASKA STATE TROOPERS MAR 12 THURSDAY 9:00 AM SB 250MANAGEMENT OF GAME SCR 14PARITY FOR MENTAL HEALTH TASK FORCE HB 296EXTEND ALASKA MINERALS COMMISSION SB 185VOTER LISTS & VOTER REGISTRATION ABOVE BILL RESCHEDULED FROM MARCH 13 <BILLS PREVIOUSLY SCHEDULED/HEARD> MAR 12 THURSDAY 4:30 PM --MEETING CANCELLED-- MAR 13 FRIDAY 9:00 AM --MEETING CANCELLED-- SB 185VOTER LISTS & VOTER REGISTRATION ABOVE BILL RESCHEDULED TO MARCH 12 MAR 18 WEDNESDAY 8:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION FAMILY AND YOUTH SERVICES 1998-03-06 Senate Journal Page 2779 FINANCE MAR 19 THURSDAY 9:00 AM SCR 11LONG-TERM CARE TASK FORCE BILLS PREVIOUSLY SCHEDULED/HEARD MAR 19 THURSDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION FINAL REVIEW WWAMI, AS&TF MAR 20 FRIDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION FAMILY AND YOUTH SERVICES ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 06 FRIDAY 0:00 AM NO MEETING SCHEDULED MAR 09 MONDAY 9:00 AM + SB 331PROFESSIONAL COUNSELOR LICENSING + SB 321ASSISTED LIVING FACILITIES + <BILLS HELD FROM PREVIOUS MEETINGS> MAR 11 WEDNESDAY 9:00 AM + SB 260INSURANCE COVERAGE FOR CONTRACEPTIVES + SB 291LIV. WILLS/ANATOMICAL GIFTS/PATIENT CARE + <BILLS HELD FROM PREVIOUS MEETINGS> MAR 13 FRIDAY 9:00 AM <BILLS HELD FROM PREVIOUS MEETINGS> ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAR 06 FRIDAY 1:30 PM LEGISLATIVE BUDGET & AUDIT REPORT ON SB 201 + SB 201PROHIBIT RECOVERY BY WRONGDOER <BILLS PREVIOUSLY HEARD> 1998-03-06 Senate Journal Page 2780 JUDICIARY MAR 09 MONDAY 1:30 PM + SJR 42CONSTITUTIONAL AMENDMENT RE MARRIAGE + SCR 25APPEAL OF MARRIAGE DECISION <BILLS PREVIOUSLY HEARD> MAR 11 WEDNESDAY 1:45 PM -- TIME CHANGE -- + SB 323SEX OFFENSES & OFFENDER REGISTRATION + SJR 36REAPPORTIONMENT BOARD & REDISTRICTING <BILLS PREVIOUSLY HEARD> MAR 13 FRIDAY 1:30 PM + SB 313PETITION CIRCULATION + SB 309USE OF NONLETHAL AND DEFENSIVE WEAPONS <BILLS PREVIOUSLY HEARD> ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAR 10 TUESDAY 1:30 PM + SB 312FOOD/SEAFOOD/ORGANIC FOOD + SB 245EXTEND STATE TRAINING AND EMPLOYMENT PROG + SB 305IMPLEMENTATION OF WORK COMP EDITION + SB 319ARBITRATION + <BILLS PREVIOUSLY HEARD MAY BE ADDED> MAR 12 THURSDAY 1:30 PM + SB 330LOCATING UNDERGROUND FACILITIES + SB 329INVESTMENT CLUB LICENSE EXEMPTION + SB 233ALCOHOL BEVERAGE CONTROL BOARD + <BILLS PREVIOUSLY HEARD MAY BE ADDED> ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAR 06 FRIDAY 0:00 AM NO MEETING SCHEDULED MAR 09 MONDAY 3:30 PM + SB 236CITIZENS ADVISORY COM ON FED AREAS IN AK HJR 51SUPPORT H.R. 2924 <BILLS PREVIOUSLY HEARD/SCHEDULED> 1998-03-06 Senate Journal Page 2781 RESOURCES MAR 11 WEDNESDAY 3:30 PM HB 182QUALIFICATIONS OF STATE FORESTER SB 270FOREST RESOURCES <BILLS PREVIOUSLY HEARD/SCHEDULED> ---------------------------------------- RULES FAHRENKAMP RM 203 MAR 09 MONDAY 0:00 AM ON ADJOURNMENT SB 36PUBLIC SCHOOL FUNDING <PENDING REFERRAL> ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAR 10 TUESDAY 3:30 PM CONFIRMATION HEARINGS STATE COMMISSION FOR HUMAN RIGHTS AK. ARMY NATIONAL GUARD ASSISTANT ADJUTANT GENERAL, ALASKA PUBLIC OFFICES COMMISSION MAR 12 THURSDAY 3:30 PM <BILLS PREVIOUSLY HEARD> ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAR 10 TUESDAY 0:00 AM NO MEETING SCHEDULED MAR 11 WEDNESDAY 1:00 PM FAHRENKAMP RM 203 -- TIME, DAY, AND LOCATION CHANGE -- JOINT WITH HOUSE - PRESENTATIONS BY PORT OF TACOMA, PORT OF BELLINGHAM MAR 12 THURSDAY 1:30 PM + SB 304REGULATION OF MOTOR VEHICLES & HWYS + SB 263SECONDARY ROADS + SB 264AID FOR MUNICIPAL ROAD MAINTENANCE <BILLS PREVIOUSLY HEARD> + SB 314MUNICIPAL FEEDER VESSEL AUTHORITIES 1998-03-06 Senate Journal Page 2782 FINANCE SUBCOMMITTEES PUBLIC SAFETY BUTROVICH RM 205 MAR 10 TUESDAY 3:30 PM OVERVIEW OF VPSO PROGRAM MAR 12 THURSDAY 3:30 PM OVERVIEW OF ALASKA STATE TROOPERS, DETACHMENTS JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 MAR 09 MONDAY 12:00 PM CONSIDER MATTERS PERTAINING TO THE AUDIT DIVISION OTHER MEETINGS CHILDRENS CAUCUS FAHRENKAMP RM 203 MAR 11 WEDNESDAY 12:00 PM USING A MULTIDISCIPLINARY TEAM TO INVESTIGATE CHILD ABUSE