Legislature(1997 - 1998)
1998-03-24 Senate Journal
Full Journal pdf1998-03-24 Senate Journal Page 2967 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Seventy-second Day Pursuant to adjournment the Senate was called to order by President Miller at 11:11 a.m. The roll showed seventeen members present. Senator Leman was excused from a call of the Senate. Senators Pearce, Sharp were absent. The prayer was offered by the Chaplain, Senator Lincoln. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. As we bow our heads, Dear Lord, thank You for the friends, family and our beautiful Alaska. We ask You to remember our friends in the Prince William Sound during this anniversary of the Valdez oil spill. Dear Lord, this prayer given by Beverly Haywood of the Juneau Unitarian Universal Fellowship several years ago is worth repeating: Now is the accepted time, not tomorrow, not some more convenient season. It is today that we do our best work, the best than can be done, and not some future date, some future year. It is today that we fit ourselves for the greater usefulness of tomorrow. Today is the seed time. Now are the hours of work and tomorrow comes the harvest and the play time. We also ask You, Dear Lord, to remember and give us strength and that when we say I am only one, but still I am one, I cannot do everything, but still I can do something and because I cannot do everything I will not refuse to do something I can do. We ask all of this in the name of the Lord. Amen. 2967 1998-03-24 Senate Journal Page 2968 Senator Kelly led the Senate in the Pledge of Allegiance. Certification Senator Taylor moved and asked unanimous consent that the journal for the seventy-first legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor Letter dated and received March 23 was read, stating in accordance with AS 39.05.080(1) and Article III Section 26 of the Alaska Constitution, I submit the following names for legislative confirmation of appointment to the positions noted: Board of Game Eric Williamson - Anchorage Appointed: 03/19/98 Expires: 01/31/01 Walter Sampson - Kotzebue Appointed: 03/19/98 Expires: 01/31/01 The resumes for these appointments have been submitted to the Offices of the Senate Secretary and the Chief Clerk. The appointments were referred to the Resources Committee. The presence of Senator Sharp was noted. Messages from the House Message dated March 23 was read, stating: In compliance with AS 24.20.251, the House has confirmed the nomination of Pat Davidson as Legislative Auditor. 1998-03-24 Senate Journal Page 2969 The Senate confirmed the Legislative Auditor on March 20 (page 2919). Message dated March 23 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Resolutions HCR 25 SPONSOR SUBSTITUTE FOR HOUSE CONCURRENT RESOLUTION NO. 25 BY REPRESENTATIVES DYSON, Croft, Relating to Step Family Day. was read the first time and referred to the Health, Education and Social Services Committee. First Reading and Reference of House Bills HB 362 CS FOR HOUSE BILL NO. 362(STA) BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: An Act relating to the use of space for military lounges in state-owned or state-controlled airports. was read the first time and referred to the State Affairs Committee. Standing Committee Reports SB 262 The Resources Committee considered SENATE BILL NO. 262 An Act relating to regulation of hunting and trapping and to the definition of sustained yield and recommended it be replaced with 1998-03-24 Senate Journal Page 2970 SB 262 CS FOR SENATE BILL NO. 262(RES) An Act relating to regulation of hunting and trapping, to the definition of sustained yield, and to controlled use areas. Signing do pass: Senator Halford, Chair, Senators Taylor, Sharp, Green, Torgerson. Signing do not pass: Senator Lincoln. Zero fiscal note for the bill and the committee substitute published today from Department of Fish and Game. The bill was referred to the Rules Committee. SB 341 The Resources Committee considered SENATE BILL NO. 341 An Act relating to agricultural land; and providing for an effective date. Signing do pass: Senator Halford, Chair, Senators Taylor, Lincoln, Sharp, Green. Zero fiscal note published today from Department of Natural Resources. The bill was referred to the Rules Committee. HB 50 The Judiciary Committee considered CS FOR HOUSE BILL NO. 50(FIN) An Act relating to the use of broadcasting to promote certain classics or sweepstakes; and providing for an effective date. Signing no recommendation: Senator Taylor, Chair, Senators Parnell, Miller, Pearce. Zero fiscal note published today from Department of Revenue. The bill was referred to the Rules Committee. 1998-03-24 Senate Journal Page 2971 SJR 37 The Judiciary Committee considered SENATE JOINT RESOLUTION NO. 37 Proposing an amendment to the Constitution of the State of Alaska relating to parental consent or notification before an abortion is provided to a minor, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 37(JUD) Proposing an amendment to the Constitution of the State of Alaska relating to consent or notification of a parent or legal guardian before an abortion is provided to a minor. Signing do pass: Senator Taylor, Chair, Senators Parnell, Miller. Signing no recommendation: Senator Pearce. Fiscal note information forthcoming. The resolution was referred to the Finance Committee. HB 135 The Rules 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. Signing to calendar: Senator Kelly, Chair, Senators Taylor, Leman, Torgerson. The bill is on todays calendar. The presence of Senator Pearce was noted. 1998-03-24 Senate Journal Page 2972 Consideration of the Calendar Second Reading of House Bills HB 135 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 was read the second time. Senator Mackie, Vice Chair, moved and asked unanimous consent for the adoption of the Labor and Commerce Senate Committee Substitute offered on page 2768. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 135(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. SENATE CS FOR CS FOR HOUSE BILL NO. 135(L&C) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 135(L&C) 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 pass the Senate? The roll was taken with the following result: 1998-03-24 Senate Journal Page 2973 HB 135 SCS CSHB 135(L&C) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Leman and so, SENATE CS FOR CS FOR HOUSE BILL NO. 135(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 clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Citations Honoring - Herbie Nayokpuk, The Shishmaref Cannonball Representative(s) Masek, Joule Senator(s) Hoffman, Duncan, Lincoln, Taylor, Kelly, Pearce, Wilken, Mackie, Halford, Adams, Ellis 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. 1998-03-24 Senate Journal Page 2974 Unfinished Business Reconsideration of Senate Bills SB 250 Senator Taylor requested that the reconsideration on CS FOR SENATE BILL NO. 250(FIN) am be taken up. The bill was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 250(FIN) am An Act relating to management of game, to the fish and game fund and federal aid for restoration of wildlife and fish, and to the duties of the commissioner of fish and game pass the Senate? The roll was taken with the following result: CSSB 250(FIN) am Third Reading - On Reconsideration YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Leman and so, CS FOR SENATE BILL NO. 250(FIN) am passed the Senate on reconsideration and was referred to the Secretary for engrossment. SB 76 Senator Phillips requested that the reconsideration on CS FOR SENATE BILL NO. 76(RLS) An Act relating to results-based government and the state budget; relating to state agency program and financial plans; relating to the withholding or reduction of appropriations to a state agency; and relating to state agency performance and other reports be taken up. The bill was before the Senate on reconsideration. 1998-03-24 Senate Journal Page 2975 SB 76 Senator Phillips moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Phillips offered Amendment No. 1 : Page 1, line 3, following "agency;": Insert "relating to the increase of an appropriation item based on additional receipts;" Page 6, following line 30: Insert a new bill section to read: "* Sec. 9. AS37.07.080(h) is amended to read: (h) The increase of an appropriation item based on additional federal or other program receipts not specifically appropriated by the full legislature may be expended in accordance with the following procedures: (1) the governor shall submit a revised program to the Legislative Budget and Audit Committee for review; (2) ª45 DAYS SHALL ELAPSE BEFORE COMMENCEMENT OFß expenditures under the revised program may only commence after the next regular session has convened and been in session for 30 days unless the Legislative Budget and Audit Committee earlier recommends that the state take part in the federally or otherwise funded activity; (3) should the Legislative Budget and Audit Committee recommend ªWITHIN THE 45-DAY PERIODß that the state not initiate the additional activity, the governor shall again review the revised program and, if the governor determines to authorize the expenditure, the governor shall provide the Legislative Budget and Audit Committee with a statement of the governors reasons before commencement of expenditures under the revised program." Renumber the following bill section accordingly. Senator Phillips moved for the adoption of Amendment No. 1. Senator Adams objected. 1998-03-24 Senate Journal Page 2976 SB 76 Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 76(RLS) be held in second reading with Amendment No. 1 pending to the March 25 calendar. Without objection, it was so ordered. Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate on April 2. Without objection, Senator Lincoln was excused. Senator Halford moved and asked unanimous consent that he be excused from a call of the Senate on April 3. Without objection, Senator Halford was excused. Senator Taylor moved and asked unanimous consent that he be excused from a call of the Senate on from March 27 through 1:30 p.m., plane time on March 30. Without objection, Senator Taylor was excused. Senator Ellis moved and asked unanimous consent that he be excused from a call of the Senate on March 27. Without objection, Senator Ellis was excused. SB 313 The reconsideration on SENATE BILL NO. 313 An Act relating to sponsor certification of initiative petitions; relating to sponsor identification during petition circulation; relating to the voidability of an initiated law; placing limitations on the compensation that may be paid to sponsors of initiative petitions; prohibiting payments to persons who sign or refrain from signing initiative petitions; and repealing procedures for filing a supplementary initiative petition was not taken up this legislative day and the bill was referred to the Secretary for engrossment. 1998-03-24 Senate Journal Page 2977 SB 275 Pursuant to a request from the Speaker, President Miller returned CS FOR SENATE BILL NO. 275(STA)(title am H)(efd fld H) An Act relating to time periods for making, soliciting, or accepting campaign contributions and CS FOR SENATE BILL NO. 275(STA) An Act specifying time periods for making, soliciting, or accepting campaign contributions to candidates for state office; and providing for an effective date to the House. Announcements Announcements are at the end of the journal. Engrossment SB 250 CS FOR SENATE BILL NO. 250(FIN) am An Act relating to management of game, to the fish and game fund and federal aid for restoration of wildlife and fish, and to the duties of the commissioner of fish and game was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 313 SENATE BILL NO. 313 An Act relating to sponsor certification of initiative petitions; relating to sponsor identification during petition circulation; relating to the voidability of an initiated law; placing limitations on the compensation that may be paid to sponsors of initiative petitions; prohibiting payments to persons who sign or refrain from signing initiative petitions; and repealing procedures for filing a supplementary initiative petition was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1998-03-24 Senate Journal Page 2978 HB 135 SENATE CS FOR CS FOR HOUSE BILL NO. 135(L&C) 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 was engrossed, signed by the President and Secretary and returned 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 25, 1998. Without objection, the Senate adjourned at 11:49 a.m. Nancy Quinto Secretary of the Senate March 1998 1998-03-24 Senate Journal Page 2979 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 25 WEDNESDAY 1:30 PM SB 325PROPERTY TAX EXEMPTION FOR DISABLED SB 343REGIONAL NATIVE HOUSING AUTHORITIES MAR 27 FRIDAY 1:30 PM <PREVIOUSLY SCHEDULED BILLS> ---------------------------------------- FINANCE SENATE FINANCE 532 MAR 24 TUESDAY 9:00 AM + SB 323SEX OFFENSES & OFFENDER REGISTRATION <TESTIMONY BY INVITATION ONLY ON ABOVE BILL> SB 223SENIOR HOUSING SB 274PROBATION AND PAROLE FEES SB 334STATE TRAINING PROGRAMS/HUMAN RES.COUNCIL SJR 42CONSTITUTIONAL AMENDMENT RE MARRIAGE <BILLS PREVIOUSLY SCHEDULED/HEARD> MAR 24 TUESDAY 4:30 PM -- MEETING POSTPONED -- SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION FINAL REVIEW GOVERNMENTAL COORDINATION 1998-03-24 Senate Journal Page 2980 FINANCE MAR 24 TUESDAY 5:30 PM -- TIME CHANGE -- + HB 53LEASE-PURCHASE CORRECTIONAL FACILITY -- RESCHEDULED FROM 03/27 -- <BILLS PREVIOUSLY HEARD/SCHEDULED> HB 461APPROP: SUPPLEMENTAL APPROPRIATIONS MAR 25 WEDNESDAY 9:00 AM <BILLS PREVIOUSLY SCHEDULED/HEARD> SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION UNIVERSITY, TEACHER TRAINING MAR 25 WEDNESDAY 4:30 PM <BILLS PREVIOUSLY SCHEDULED/HEARD> SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION MENTAL HEALTH MAR 26 THURSDAY 9:00 AM <BILLS PREVIOUSLY SCHEDULED/HEARD> SB 229APPROPRIATIONS: OPERATING BUDGET COMMUNITY MENTAL HEALTH GRANTS PROGRAMS MAR 26 THURSDAY 4:30 PM <BILLS PREVIOUSLY SCHEDULED/HEARD> SB 229APPROPRIATIONS: OPERATING BUDGET RESULTS BASED GOVERNMENT WORK SESSION FINAL REVIEW DEPT OF CORRECTIONS TREATMENT PROGRAMS FINAL REVIEW FAMILY AND YOUTH SERVICES MAR 27 FRIDAY 8:00 AM SB 334STATE TRAINING PROGRAMS/HUMAN RES.COUNCIL MAR 27 FRIDAY 9:00 AM HB 53LEASE-PURCHASE CORRECTIONAL FACILITY -- RESCHEDULED TO 03/24 -- SB 236CITIZENS ADVISORY COM ON FED AREAS IN AK SB 332STUDENT LOAN CORPORATION SB 233ALCOHOL BEVERAGE CONTROL BOARD SB 263SECONDARY ROADS SB 264AID FOR MUNICIPAL ROAD MAINTENANCE 1998-03-24 Senate Journal Page 2981 FINANCE MAR 28 SATURDAY 9:00 AM <BILLS PREVIOUSLY SCHEDULED/HEARD> + SB 231APPROPS:CAPITAL/REAPPROP/FUNDS/OPERATING + SB 230APPROPRIATION: MENTAL HEALTH PROGRAM (CAPITAL) ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 25 WEDNESDAY 9:00 AM HB 335UNIFORM INTERSTATE CHILD CUSTODY ACT <BILLS HELD FROM PREVIOUS MEETINGS> MAR 26 THURSDAY 3:00 PM SENATE FINANCE 532 -- TIME, LOCATION, AND DAY CHANGE -- JOINT HEARING WITH (H) HESS EARLY CHILDHOOD BRAIN DEVELOPMENT DISCUSSION DR. NEWMAN-EDUCATION COMMISSION OF THE STATES DR. KUHL-UNIVERSITY OF WASHINGTON MAR 27 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAR 25 WEDNESDAY 1:30 PM + HB 199COMMUNITY PROPERTY + SB 295LURING OR ENTICING A CHILD + SB 304REGULATION OF MOTOR VEHICLES & HWYS <BILLS PREVIOUSLY HEARD> MAR 27 FRIDAY 1:30 PM -- MEETING CANCELLED -- + SB 329INVESTMENT CLUB LICENSE EXEMPTION APSIN INVESTIGATION HEARING-REPORT OF COUNSEL <BILLS PREVIOUSLY HEARD> 1998-03-24 Senate Journal Page 2982 JUDICIARY MAR 30 MONDAY 1:30 PM -- RESCHEDULED FROM 03/27 -- SB 329INVESTMENT CLUB LICENSE EXEMPTION APSIN INVESTIGATION HEARING-REPORT OF COUNSEL <BILLS PREVIOUSLY HEARD> ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAR 24 TUESDAY 1:30 PM + CONFIRMATION HEARING: ALASKA STATE BOARD OF PUBLIC ACCOUNTANCY BOARD OF BARBERS AND HAIRDRESSERS + SB 335LICENSING OF COSMETOLOGISTS BILLS PREVIOUSLY HEARD: + SB 198UNIFORM PARTNERSHIP ACT MAR 26 THURSDAY 1:30 PM + HB 178UNIFORM COMMERCIAL CODE:LETTERS OF CREDIT BILLS PREVIOUSLY HEARD: + HB 33REAL ESTATE LICENSING ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAR 25 WEDNESDAY 3:30 PM HB 310UTILIZATION OF GROUNDFISH <BILLS PREVIOUSLY HEARD/SCHEDULED> MAR 27 FRIDAY 3:30 PM <BILLS PREVIOUSLY HEARD/SCHEDULED> ---------------------------------------- RULES FAHRENKAMP RM 203 MAR 24 TUESDAY 11:45 AM SB 268WAGE CLAIM ASSIGNMENTS TO DEPT. OF LABOR SB 284CRUELTY TO ANIMALS ---------------------------------------- 1998-03-24 Senate Journal Page 2983 STATE AFFAIRS BELTZ ROOM 211 MAR 24 TUESDAY 0:00 AM NO MEETING SCHEDULED MAR 26 THURSDAY 3:30 PM CONFIRMATION HEARING: + STATE COMMISSION FOR HUMAN RIGHTS RUTH G. BENSON ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAR 24 TUESDAY 1:30 PM + SB 298REGULATION OF COMMERCIAL VEHICLES MAR 26 THURSDAY 0:00 AM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES ENVIRONMENTAL CONSERVATION SENATE FINANCE 532 MAR 26 THURSDAY 1:00 PM PERFORMANCE MEASURES, INCREMENT AND DECREMENT CHANGES, STAFFING LEVEL ADJUSTMENTS, AND PROGRAMMATIC CHANGES ---------------------------------------- GOVERNOR SENATE FINANCE 532 MAR 25 WEDNESDAY 8:00 AM JOINT WITH (H) SUBCOMMITTEE GOVERNORS OFFICE OPERATING BUDGET ---------------------------------------- REVENUE SENATE FINANCE 532 MAR 24 TUESDAY 3:00 PM FY 99 DEPARTMENT OF REVENUE BUDGET ALL BRUS ---------------------------------------- 1998-03-24 Senate Journal Page 2984 FINANCE SUBCOMMITTEES UNIVERSITY OF ALASKA CAPITOL RM 106 MAR 27 FRIDAY 8:00 AM SENATE AND HOUSE FINANCE UNIVERSITY BUDGET SUBCOMMITTEE JOINT COMMITTEES SELECT CMTE ON LEGISLATIVE ETHICS BELTZ RM 211 MAR 24 TUESDAY 2:00 PM 2:00 PM FULL COMMITTEE 3:00 PM (S) SUBCOMMITTEE EXECUTIVE SESSION OTHER MEETINGS CHILDRENS CAUCUS BUTROVICH RM 205 MAR 25 WEDNESDAY 12:00 PM -- MEETING CANCELLED -- APR 01 WEDNESDAY 12:00 PM INHALANT ABUSE TRAINING