Legislature(1997 - 1998)
1998-04-07 Senate Journal
Full Journal pdf1998-04-07 Senate Journal Page 3175 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Eighty-sixth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:13 a.m. The roll showed nineteen members present. Senator Phillips was excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Richard Green of the Glacier Valley Church of God. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Father we dedicate this moment in todays proceedings to acknowledge our dependence upon You. We make the same declaration as King Jehoshaphat of old when faced with a great challenge: We have no strength...and do not know what to do, but our eyes are upon You. (2 Chron. 20:12) We pray just as the Psalmist did.. I will lift up my eyes to the hills...from whence comes my help? My help comes from the Lord, who made heaven and earth. (Psalm 121:1,2) Our eyes are upon You for the wisdom, strength and direction we need today so that Your will be done on earth as it is in heaven. We now by faith receive the grace and mercy extended to us from Your throne with sincere gratitude. Amen. Senator Duncan led the Senate in the Pledge of Allegiance. 3175 1998-04-07 Senate Journal Page 3176 Certification Senator Taylor moved and asked unanimous consent that the journal for the eighty-fifth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the Governor SB 159 Message dated and received April 6 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 159(FIN) An Act relating to the new business incentive program. Chapter 8, SLA 1998 Effective Date: 7/5/98 Messages from the House Message dated April 6 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 353 CS FOR HOUSE BILL NO. 353(HES) am BY THE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: An Act relating to adoption by reference in regulations; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and State Affairs Committees. 1998-04-07 Senate Journal Page 3177 Communications Report from the Commissioner of the Department of Administration dated March 24 was received, stating the monetary terms for the collective bargaining agreement reached with the Board of Regents of the University of Alaska and the United Academics representing the regular nonadjunct faculty bargaining unit in accordance with AS 23.40.070-260. President Miller referred the report to the Finance Committee. Standing Committee Reports SB 237 The Health, Education and Social Services Committee considered SENATE BILL NO. 237 An Act extending the termination date of the Council on Domestic Violence and Sexual Assault and recommended it be replaced with CS FOR SENATE BILL NO. 237(HES) An Act relating to domestic violence and sexual assault; amending Rule 404, Alaska Rules of Evidence; and providing for an effective date. Signing do pass: Senator Wilken, Chair, Senator Leman. Signing no recommendation: Senator Ellis. Signing amend: Senator Green. Zero fiscal note for the bill and the committee substitute published today from Department of Public Safety. President Miller added a Judiciary Committee referral to the bill. The bill was referred to the Judiciary and Finance Committees. SB 244 The Judiciary Committee considered SENATE BILL NO. 244 An Act relating to polygraph or other lie-detecting testing for certain correctional officers. Signing do pass: Senator Taylor, Chair, Senators Parnell, Miller, Pearce. Signing no recommendation: Senator Ellis. 1998-04-07 Senate Journal Page 3178 SB 244 Previous zero fiscal note. The bill was referred to the Rules Committee. SB 318 The Health, Education and Social Services Committee considered SENATE BILL NO. 318 An Act relating to marriage; and amending Rules 54 and 56, Alaska Rules of Civil Procedure and recommended it be replaced with CS FOR SENATE BILL NO. 318(HES) Signing no recommendation: Senator Wilken, Chair, Senators Ellis, Green. Signing do pass: Senator Leman. Fiscal note for the bill published today from Department of Health and Social Services. Fiscal note for the committee substitute published today from Department of Health and Social Services. President Miller added a Finance Committee referral to the bill. The bill was referred to the Judiciary and Finance Committees. SB 330 The Resources Committee considered SENATE BILL NO. 330 An Act relating to underground facilities and recommended it be replaced with CS FOR SENATE BILL NO. 330(RES) An Act relating to locations of underground facilities and excavations in the area of underground facilities. Signing no recommendation: Senator Halford, Chair, Senators Sharp, Green. Signing do pass: Senator Leman. Previous zero fiscal note applies to the committee substitute. The bill was referred to the Rules Committee. 1998-04-07 Senate Journal Page 3179 HB 404 The Finance Committee considered CS FOR HOUSE BILL NO. 404(TRA) An Act relating to the regulation of commercial vehicles; relating to the temporary registration of out-of-state commercial vehicles; relating to registration fees for commercial vehicles; and providing for an effective date. Signing do pass: Senators Sharp, Pearce, Cochairs, Senators Torgerson, Donley. Signing no recommendation: Senators Parnell, Adams. Fiscal note published today from Department of Administration. Previous House fiscal note. The bill was referred to the Rules Committee. SJR 18 The Judiciary Committee considered SENATE JOINT RESOLUTION NO. 18 Proposing amendments to the Constitution of the State of Alaska to guarantee the permanent fund dividend, to provide for inflation-proofing, and to require a vote of the people before spending undistributed income from the earnings reserve of the permanent fund; and relating to the permanent fund. Signing do pass: Senator Taylor, Chair. Signing no recommendation: Senators Ellis, Parnell, Miller, Pearce. Fiscal note published today from Office of the Governor. The resolution was referred to the Finance Committee. HJR 52 The Resources Committee considered HOUSE JOINT RESOLUTION NO. 52 Relating to opposition to the designation of any rivers in Alaska as American Heritage Rivers under the American Heritage Rivers initiative, and recommended it be replaced with SENATE CS FOR HOUSE JOINT RESOLUTION NO. 52(RES) Signing do pass: Senator Halford, Chair, Senators Taylor, Sharp, Green, Torgerson, Leman. Signing no recommendation: Senator Lincoln. 1998-04-07 Senate Journal Page 3180 HJR 52 Previous House zero fiscal note applies to the Senate Committee Substitute. The resolution was referred to the Rules Committee. Recess Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 11:24 a.m. After Recess The Senate reconvened at 11:42 a.m. SB 242 The Rules Committee considered SENATE BILL NO. 242 An Act providing for the forfeiture of good time sentence credits of sex offenders who fail to successfully complete sex offender treatment programs. Signing to calendar: Senator Kelly, Chair, Senators Torgerson, Leman, Taylor, Duncan. The bill is on todays calendar. Consideration of the Calendar Second Reading of Senate Bills SB 242 SENATE BILL NO. 242 An Act providing for the forfeiture of good time sentence credits of sex offenders who fail to successfully complete sex offender treatment programs was read the second time. Senator Sharp, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 3156. Without objection, CS FOR SENATE BILL NO. 242(FIN) was adopted and read the second time. 1998-04-07 Senate Journal Page 3181 SB 242 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. 242(FIN) was read the third time. Senators Lincoln, Kelly, Duncan, Pearce, Sharp, Mackie, Donley moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: Shall CS FOR SENATE BILL NO. 242(FIN) An Act providing for the forfeiture of good time sentence credits of sex offenders who fail to successfully complete sex offender treatment programs pass the Senate? The roll was taken with the following result: CSSB 242(FIN) Third Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Lincoln, Mackie, Miller, Parnell, Pearce, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Phillips Absent: Leman and so, CS FOR SENATE BILL NO. 242(FIN) passed the Senate. Reconsideration of Senate Bills SB 242 Senator Leman gave notice of reconsideration on CS FOR SENATE BILL NO. 242(FIN) and moved and asked unanimous consent that it be taken up at this time. Objections were heard. Senator Leman moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. 1998-04-07 Senate Journal Page 3182 SB 242 Senator Taylor gave notice of reconsideration on CS FOR SENATE BILL NO. 242(FIN) and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered and the bill was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 242(FIN) An Act providing for the forfeiture of good time sentence credits of sex offenders who fail to successfully complete sex offender treatment programs pass the Senate? The roll was taken with the following result: CSSB 242(FIN) Third Reading - On Reconsideration YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Phillips and so, CS FOR SENATE BILL NO. 242(FIN) passed the Senate on reconsideration and was referred to the Secretary for engrossment. Senate Bills in Second Reading SB 223 CS FOR SENATE BILL NO. 223(FIN) An Act relating to the age requirement for purposes of senior housing programs and requiring the Alaska Housing Finance Corporation to establish the age requirement, which may not be less than 55 years of age, for occupants of certain senior housing; relating to the senior housing revolving fund; providing that the senior housing bond account consists of money appropriated to the account and interest earned on money appropriated to the account; providing that the Alaska Housing Finance Corporation may use money in the senior housing bond account only in accordance with an appropriation of the money; repealing the senior housing bond account on June 30, 1999; relating 1998-04-07 Senate Journal Page 3183 SB 223 to bonds to fund senior housing loans; and repealing a provision relating to the interest rate on senior housing loans made by the Alaska Housing Finance Corporation which had been held in second reading with Amendment No. 1 pending (page 3165) was before the Senate. Senator Kelly moved and asked unanimous consent that CS FOR SENATE BILL NO. 223(FIN) with Amendment No. 1 pending be held to the April 8 calendar. Without objection, it was so ordered. Unfinished Business HB 370 President Miller added a Resources Committee referral to CS FOR HOUSE BILL NO. 370(FIN) An Act making appropriations for relief of the 1997 economic disaster in Bristol Bay and on the Kuskokwim River; and providing for an effective date. The bill was referred to the Resources and Finance Committees. Senators Halford, Parnell moved and asked unanimous consent that they be excused from a call of the Senate on April 9. Without objection, Senators Halford, Parnell were excused. Announcements Announcements are at the end of the journal. 1998-04-07 Senate Journal Page 3184 Engrossment SB 242 CS FOR SENATE BILL NO. 242(FIN) An Act providing for the forfeiture of good time sentence credits of sex offenders who fail to successfully complete sex offender treatment programs 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., April 8, 1998. Without objection, the Senate adjourned at 12:00 noon. Nancy Quinto Secretary of the Senate April 1998 1998-04-07 Senate Journal Page 3185 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 APR 08 WEDNESDAY 0:00 AM NO MEETING SCHEDULED APR 10 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 APR 07 TUESDAY 9:00 AM + HB 404REGULATION OF COMMERCIAL VEHICLES + SB 295LURING OR ENTICING A CHILD + SB 345APPORTIONMENT OF BUSINESS INCOME + SB 245EXTEND STATE TRAINING AND EMPLOYMENT PROG + SB 344STATE AGENCY TELECOMMUNICATIONS SYSTEMS SB 182CHARTER SCHOOL ESTABLISHMENT & OPERATION SB 246HARBORVIEW DEVELOPMENTAL CENTER <TWO BILLS ABOVE REMOVED FROM AGENDA> APR 07 TUESDAY 10:30 AM BILL BELOW PREVIOUSLY HEARD/SCHEDULED + HB 51DEPT OF ENV. CONSERV./WATER/PENALTIES + SB 256REDUCE ROYALTY ON COOK INLET OIL & GAS <PENDING REFERRAL> 1998-04-07 Senate Journal Page 3186 FINANCE APR 08 WEDNESDAY 9:00 AM + HB 51DEPT OF ENV. CONSERV./WATER/PENALTIES + SJR 35CONST AM: PARTICIPATION IN ABORTION + HB 370APPROPRIATION: 1997 FISHERY DISASTER <REMOVED FROM AGENDA> + BILLS PREVIOUSLY HEARD/SCHEDULED + SB 345APPORTIONMENT OF BUSINESS INCOME + SB 245EXTEND STATE TRAINING AND EMPLOYMENT PROG APR 08 WEDNESDAY 4:30 PM + HB 234ABORTIONS UNDER GENERAL RELIEF PROGRAM + BILLS PREVIOUSLY HEARD/SCHEDULED + SB 256REDUCE ROYALTY ON COOK INLET OIL & GAS + HB 380REDUCE ROYALTY ON COOK INLET OIL & GAS <TWO BILLS ABOVE PENDING REFERRAL> APR 15 WEDNESDAY 9:00 AM SB 108STATE LAND LOTTERY PROGRAM BILLS PREVIOUSLY HEARD/SCHEDULED APR 16 THURSDAY 9:00 AM SB 350ABOLISH TOURISM MARKETING COUNCIL BILLS PREVIOUSLY HEARD/SCHEDULED SB 274PROBATION AND PAROLE FEES APR 17 FRIDAY 9:00 AM BILLS PREVIOUSLY HEARD/SCHEDULED APR 18 SATURDAY 9:00 AM BILLS PREVIOUSLY HEARD/SCHEDULED SB 292APPROPS:CAPITAL/REAPPROP/FUNDS/OPERATING APR 20 MONDAY 9:00 AM BILLS PREVIOUSLY HEARD/SCHEDULED SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE APR 20 MONDAY 4:30 PM BILLS PREVIOUSLY HEARD/SCHEDULED SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE 1998-04-07 Senate Journal Page 3187 FINANCE APR 21 TUESDAY 9:00 AM BILLS PREVIOUSLY HEARD/SCHEDULED SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE APR 21 TUESDAY 4:30 PM BILLS PREVIOUSLY HEARD/SCHEDULED SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE APR 22 WEDNESDAY 9:00 AM BILLS PREVIOUSLY HEARD/SCHEDULED SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE APR 22 WEDNESDAY 4:30 PM BILLS PREVIOUSLY HEARD/SCHEDULED SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE APR 23 THURSDAY 9:00 AM BILLS PREVIOUSLY HEARD/SCHEDULED SB 229APPROPRIATIONS: OPERATING BUDGET + DEPARTMENT CLOSEOUTS - FULL COMMITTEE TELECONFERENCE - 3 MINUTE TIME LIMIT APR 27 MONDAY 9:00 AM BILLS PREVIOUSLY HEARD/RESCHEDULED SB 229APPROPRIATIONS: OPERATING BUDGET ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 08 WEDNESDAY 9:00 AM + SB 203PHONICS CURRICULUM + SB 266MEDICAID COVER/HEALTHY FAMILIES AK PROGRA + SB 272CRIMES AGAINST CHILDREN/FOSTER CARE + SB 160DENTAL RADIOLOGICAL EQUIPMENT + BILLS HELD FROM PREVIOUS MEETINGS APR 10 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- 1998-04-07 Senate Journal Page 3188 JUDICIARY BELTZ ROOM 211 APR 08 WEDNESDAY 1:30 PM + SB 306TAX EXEMPTIONS IN CHILD SUPPORT CASES + SB 232ELECTRONIC RECORDS; RECORD REQUIREMENTS + SB 190ATTEMPT TO PURCHASE BEFORE EMINENT DOMAIN APR 10 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 APR 07 TUESDAY 1:30 PM + SB 349UNEMPLOY EXEMPT AMATEUR SPORTS OFFICIAL + SB 346LOCAL EXCHANGE TELEPHONE SERVICE BILLS PREVIOUSLY HEARD + SB 312FOOD/SEAFOOD/ORGANIC FOOD APR 09 THURSDAY 1:30 PM + SB 210WORKERS COMP: ELECTRONIC DEPOSIT BILLS PREVIOUSLY HEARD + SB 335LICENSING OF COSMETOLOGISTS ---------------------------------------- RESOURCES BUTROVICH ROOM 205 APR 08 WEDNESDAY 3:30 PM + CONFIRMATION HEARINGS + BOARD OF FISHERIES, BOARD OF GAME BILLS PREVIOUSLY HEARD/SCHEDULED APR 10 FRIDAY 3:30 PM SB 206AIRPORT/AIR NAVIGATION FACILITIES HB 380REDUCE ROYALTY ON COOK INLET OIL & GAS <PENDING REFERRAL> BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- 1998-04-07 Senate Journal Page 3189 RULES FAHRENKAMP RM 203 APR 07 TUESDAY 11:25 AM SB 233ALCOHOL BEVERAGE CONTROL BOARD SB 242FORFEIT GOOD TIME OF SOME SEX OFFENDERS SB 263SECONDARY ROADS SB 347PROGRAM RECEIPTS HCR 25STEP FAMILY DAY APR 08 WEDNESDAY 0:00 AM UPON RECESS SB 244POLYGRAPHS FOR CORRECTIONAL OFFICERS SB 314MUNICIPAL FEEDER VESSEL AUTHORITIES SJR 42CONSTITUTIONAL AMENDMENT RE MARRIAGE ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 APR 07 TUESDAY 3:30 PM + SB 348RIGHTS OF CONSCIENCE PROTECTION SB 287WAIVER OF PAROLE CONSIDERATION HB 449ROTH IRA EXEMPTION APR 09 THURSDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 APR 07 TUESDAY 1:30 PM -- MEETING CANCELLED -- + HB 373FOREST RESOURCES <PENDING REFERRAL> APR 09 THURSDAY 0:00 AM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES ADMINISTRATION SENATE FINANCE 532 APR 08 WEDNESDAY 8:00 AM CLOSEOUT THE FY 99 BUDGET ---------------------------------------- 1998-04-07 Senate Journal Page 3190 FINANCE SUBCOMMITTEES CHILD CARE SENATE FINANCE 532 APR 16 THURSDAY 4:00 PM BUDGETS - CHILD CARE PROGRAMS AND HEAD START CLOSEOUT ---------------------------------------- COMMUNITY AND REGIONAL AFFAIRS BUTROVICH RM 205 APR 08 WEDNESDAY 1:30 PM CLOSEOUT THE FY 99 BUDGET ---------------------------------------- COURT SYSTEM BELTZ RM 211 APR 08 WEDNESDAY 8:00 AM BUDGET OVERVIEW APR 14 TUESDAY 1:00 PM BUDGET CLOSEOUT ---------------------------------------- FISH & GAME FAHRENKAMP RM 203 APR 08 WEDNESDAY 8:00 AM FY 99 DEPT OF FISH AND GAME OPERATING BUDGET PUBLIC COMMENT AND SUBCOMMITTEE CLOSEOUT ---------------------------------------- HEALTH & SOCIAL SERVICES BELTZ RM 211 APR 15 WEDNESDAY 7:30 AM SUBCOMMITTEE CLOSEOUT APR 17 FRIDAY 7:30 AM SUBCOMMITTEE CLOSEOUT ---------------------------------------- LAW SENATE FINANCE 532 APR 07 TUESDAY 3:00 PM FY 99 DEPARTMENT OF LAW OPERATING BUDGET PUBLIC COMMENT AND SUBCOMMITTEE CLOSEOUT ---------------------------------------- 1998-04-07 Senate Journal Page 3191 FINANCE SUBCOMMITTEES LEGISLATURE SENATE FINANCE 532 APR 07 TUESDAY 4:00 PM FY 99 LEGISLATURE BUDGET, SUBCOMMITTEE PROPOSAL, PUBLIC COMMENT AND CLOSEOUT ---------------------------------------- MILITARY AND VETERANS AFFAIRS BUTROVICH RM 205 APR 08 WEDNESDAY 2:30 PM CLOSEOUT THE FY 99 BUDGET ---------------------------------------- NATURAL RESOURCES BUTROVICH RM 205 APR 07 TUESDAY 7:30 AM GOVERNORS FY 99 AMENDED BUDGET APR 16 THURSDAY 7:30 AM CLOSEOUT MEETING - DEPT OF NATURAL RESOURCES ---------------------------------------- REVENUE FAHRENKAMP RM 203 APR 07 TUESDAY 8:00 AM FY 99 DEPARTMENT OF REVENUE OPERATING BUDGET PUBLIC COMMENT AND SUBCOMMITTEE CLOSEOUT ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES SENATE FINANCE 532 APR 09 THURSDAY 1:00 PM REVIEW ALASKA MARINE HIGHWAY SYSTEM ---------------------------------------- WELFARE REFORM SENATE FINANCE 532 APR 09 THURSDAY 9:00 AM WELFARE REFORM 1998-04-07 Senate Journal Page 3192 OTHER MEETINGS ANCHORAGE CAUCUS SENATE FINANCE 532 APR 07 TUESDAY 5:30 PM CONSIDER RE-APPROPRIATIONS ---------------------------------------- CHILDRENS CAUCUS BUTROVICH RM 205 APR 08 WEDNESDAY 12:00 PM TONGASS COMMUNITY COUNSELING CENTER DOMESTIC VIOLENCE/CHILD MISTREATMENT CONNECTION