Legislature(1997 - 1998)
1998-04-15 Senate Journal
Full Journal pdf1998-04-15 Senate Journal Page 3259 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - SECOND SESSION Juneau, Alaska Ninety-fourth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:18 a.m. The roll showed nineteen members present. Senator Taylor was excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Mike Powers of the Church of the Nazarene. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord God, we thank You today that You say we can please Your heart through uprightness, purity, and righteousness. You smile upon us and love to have us speak with You when we place Your character in our lives. Teach us to be wise children, children that bring joy to Your heart. So we ask for Your wisdom, that You give liberally to those who ask, wisdom to walk uprightly, wisdom to decide justly, wisdom to govern righteously. Lord God, again we thank You that we can call You Father. Thank You for hearing us, thank You for answering. Because of Christ, Amen. Senator Ward led the Senate in the Pledge of Allegiance. 3259 1998-04-15 Senate Journal Page 3260 Certification Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the journal for the ninety-third legislative day be approved as certified by the Secretary. Without objection, it was so ordered. Messages from the House Message dated April 14 was read, stating the House passed and transmitted for consideration: First Reading and Reference of House Bills HB 261 CS FOR HOUSE BILL NO. 261(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to fines and to a surcharge imposed for violations of state or municipal law and to the Alaska police training fund. was read the first time and referred to the State Affairs and Finance Committees. HB 356 CS FOR HOUSE BILL NO. 356(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: An Act establishing the Joint Committee on Military Bases in Alaska; and providing for an effective date. was read the first time and referred to the Rules Committee. HB 407 HOUSE BILL NO. 407 BY REPRESENTATIVE DAVIS, entitled: 1998-04-15 Senate Journal Page 3261 HB 407 An Act relating to repayment of teacher scholarship loans. was read the first time and referred to the Health, Education and Social Services Committee. Communications Report from the Commissioner of the Department of Administration dated April 7 was received, stating the monetary terms for the collective bargaining agreement reached with the Board of Regents of the University of Alaska and the University of Alaska Classified Employees Association representing the maintenance and trades bargaining unit in accordance with AS 23.40.070-260. President Miller referred the report to the Finance Committee. Disclosure letters were received in accordance with AS 24.60 and will be published in Senate Journal Supplement No. 7. Standing Committee Reports HB 467 The Finance Committee considered HOUSE BILL NO. 467 An Act relating to employees of the legislature who are employed under a personal services contract. Signing do pass: Senator Sharp, Cochair, Senators Phillips, Torgerson. Signing no recommendation: Senators Parnell, Adams, Donley. Previous House zero and fiscal note. The bill was referred to the Rules Committee. SB 233 The Rules Committee considered SENATE BILL NO. 233 An Act extending the termination date of the Alcoholic Beverage Control Board and recommended it be replaced with 1998-04-15 Senate Journal Page 3262 SB 233 CS FOR SENATE BILL NO. 233(RLS) An Act extending the termination date of the Alcoholic Beverage Control Board; allowing sales of beer and wine by a holder of a recreational site license while recreation is occurring; defining recreational site; defining golf course; and providing for an effective date. Signing to calendar: Senator Kelly, Chair, Senators Torgerson, Taylor. Signing no recommendation: Senators Duncan, Leman. Previous zero fiscal note applies to the committee substitute. The bill is on todays calendar. SB 319 The Rules Committee considered SENATE BILL NO. 319 An Act relating to arbitration; amending Rules 57(a) and 77(g), Alaska Rules of Civil Procedure; and providing for an effective date. Signing to calendar: Senator Kelly, Chair, Senators Duncan, Taylor, Leman, Torgerson. The bill is on todays calendar. HB 2 The Rules Committee considered CS FOR HOUSE BILL NO. 2(FIN) An Act allowing, for the purposes of permanent fund dividend eligibility, an individual to accompany, as the spouse or minor or disabled dependent, another eligible resident who is absent for any of the following reasons: vocational, professional, or other specific education for which a comparable program is not reasonably available in the state; secondary or postsecondary education; military service; medical treatment; service in the Congress or in the peace corps; to care for the individuals terminally ill parent, spouse, sibling, child, or stepchild; for up to 220 days to settle the estate of the individuals deceased parent, spouse, sibling, child, or stepchild; to care for a parent, spouse, sibling, child, or stepchild with a critical life-threatening illness whose treatment plan, as recommended by the 1998-04-15 Senate Journal Page 3263 HB 2 attending physician, requires travel outside of the state for treatment at a medical specialty complex; or other reasons that the commissioner of revenue may establish by regulation; requiring, for the purposes of permanent fund dividend eligibility, a state resident to have the intent to remain indefinitely; relating to the eligibility for 1992, 1993, 1994, 1995, 1996, and 1997 permanent fund dividends of certain spouses and dependents of eligible applicants; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 2(RLS) An Act requiring, for purposes of permanent fund dividend eligibility, an individual to have been physically present in the state for at least 72 consecutive hours during the prior two years before the current dividend year; relating, for purposes of permanent fund dividend eligibility, to allowable absences for secondary and postsecondary education on a full-time basis, vocational, professional, or other education on a full-time basis when a comparable program is not reasonably available in the state, serving on active duty as a member of the armed forces of the United States, receiving continuous medical treatment or convalescing if the treatment or convalescence is not based on a need for climatic change, providing care for certain relatives with critical life-threatening illnesses, providing care for certain terminally ill relatives, settling the estates of certain relatives, serving as a member of the United States Congress, serving on the staff of a member from this state of the United States Congress, serving as an employee of the state, participating in a teacher exchange program sponsored by the state, participating on a United States national athletic team as an eligible athlete, serving in the Peace Corps or as a volunteer in the Federal Emergency Management Agency, serving in the Foreign Service of the United States, accompanying certain ill minors, accompanying another eligible resident who is absent for an allowable reason as the spouse, minor dependent, or disabled dependent of the eligible resident, or for any reason consistent with an individuals intent to remain a state resident; prohibiting, for purposes of permanent fund dividend eligibility, an individual from claiming an allowable absence unless 1998-04-15 Senate Journal Page 3264 HB 2 the individual was a resident for at least six consecutive months immediately before leaving the state; making ineligible, for purposes of permanent fund dividend eligibility, certain individuals who are absent for more than 180 days during each of 10 qualifying years; relating to the definition of state resident for purposes of permanent fund dividend eligibility and requiring a state resident to have the intent to remain indefinitely; relating to the qualifying year and defining that term for purposes of the permanent fund dividend program; relating to the eligibility for 1998 permanent fund dividends of certain spouses and dependents of eligible individuals; and providing for an effective date. Signing to calendar: Senator Kelly, Chair, Senator Torgerson. Signing no recommendation: Senator Duncan. Signing to calendar and do pass: Senator Leman. Previous zero fiscal note applies to the Senate Committee Substitute. The bill is on todays calendar. SCR 23 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 23 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 2, relating to the permanent fund dividend program, and recommended it be replaced with CS FOR SENATE CONCURRENT RESOLUTION NO. 23(RLS) Signing to calendar: Senator Kelly, Chair, Senators Leman, Torgerson. Signing no recommendation: Senator Duncan. The resolution is on todays calendar. 1998-04-15 Senate Journal Page 3265 Consideration of the Calendar Second Reading of Senate Bills SB 233 SENATE BILL NO. 233 An Act extending the termination date of the Alcoholic Beverage Control Board was read the second time. Senator Kelly, Chair, moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 3261. Objections were heard. The question being: Shall the Rules Committee Substitute be adopted? The roll was taken with the following result: SB 233 Second Reading Adopt Rules Committee Substitute? YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Green, Kelly, Mackie, Miller, Phillips, Sharp, Wilken Nays: Adams, Donley, Duncan, Ellis, Halford, Hoffman, Leman, Lincoln, Parnell, Pearce, Torgerson, Ward Excused: Taylor and so, the motion failed. Senator Sharp, Cochair, moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 3155. Objections were heard. The question being: Shall the Finance Committee Substitute be adopted? The roll was taken with the following result: 1998-04-15 Senate Journal Page 3266 SB 233 SB 233 Second Reading Adopt Finance Committee Substitute? YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie Excused: Taylor and so, CS FOR SENATE BILL NO. 233(FIN) An Act relating to membership on the Alcoholic Beverage Control Board; extending the termination date of the Alcoholic Beverage Control Board; relating to sales of beer and wine on a golf course or at a recreational site; relating to notice of alcohol-related arrests; and providing for an effective date was adopted, and read the second time. Senator Donley offered Amendment No. 1 : Page 1, line 1, following "Act": Insert "relating to peace officer powers of employees of the Alcoholic Beverage Control Board;" Page 2, following line 5: Insert a new bill section to read: "* Sec. 2. AS04.06.110 is amended to read: Sec. 04.06.110. Peace officer powers. The director and the persons employed for the administration and enforcement of this title may, with the concurrence of the commissioner of public safety, exercise the powers of peace officers when those powers are specifically granted by the board. Powers granted by the board under this section may be exercised only when necessary for the enforcement of the criminally punishable provisions of this title, regulations of the board, and other criminally punishable laws and 1998-04-15 Senate Journal Page 3267 SB 233 regulations ªGOVERNING THE MANUFACTURE, BARTER, SALE, CONSUMPTION, AND POSSESSION OF ALCOHOLIC BEVERAGES IN THE STATEß." Renumber the following bill sections accordingly. Senator Donley moved for the adoption of Amendment No. 1. Objections were heard. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSSB 233(FIN) Second Reading Amendment No. 1 YEAS: 3 NAYS: 16 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Leman Nays: Adams, Duncan, Ellis, Halford, Hoffman, Kelly, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Taylor and so, Amendment No. 1 failed. Amendments No. 2 through 4 were not offered. Senator Donley offered Amendment No. 5 : Page 1, line 1, following "Act": Insert "relating to protests concerning the issuance, renewal, relocation, or transfer of liquor licenses;" Page 2, following line 3: Insert a new bill section to read: 1998-04-15 Senate Journal Page 3268 SB 233 "* Sec. 3. AS04.11.480(a) is amended to read: (a) A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license by sending the board and the applicant a protest and the reasons for the protest within 60 days of receipt from the board of notice of filing of the application. A local advisory council, including a community council, established by a local governing body for an area that includes, or an area with a boundary that is within one- half mile of, the location of the proposed licensed premises may protest the proposed action by sending a notice of the protest to the local governing body and to the board. After a local advisory council has protested the proposed action, the board shall deny the application or continued operation unless the board approves the proposed action by the affirmative vote of two-thirds of the members of the board. A protest received after the 60-day period may not be accepted by the board, and in no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. The local governing body may protest the continued operation of a license during the second year of the biennial license period by sending the board and the licensee a protest and the reasons for the protest by January 31 of the second year of the license. The procedures for action on a protest of continued operation of a license are the same as the procedures for action on a protest of a renewal application. The board shall consider a protest and testimony received at a hearing conducted under AS04.11.510(b)(2) or (4) when it considers the application or continued operation, and the protest and the record of the hearing conducted under AS04.11.510(b)(2) or (4) shall be kept as part of the boards permanent record of its review. If an application or continued operation is protested, the board shall deny the application or continued operation unless the board finds by an affirmative vote of two-thirds of the members of the board that the protest is arbitrary, capricious, and unreasonable." 1998-04-15 Senate Journal Page 3269 SB 233 Renumber the following bill sections accordingly. Senator Donley moved for the adoption of Amendment No. 5. Objections were heard. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: CSSB 233(FIN) Second Reading Amendment No. 5 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Ellis, Leman, Miller, Ward Nays: Adams, Duncan, Green, Halford, Hoffman, Kelly, Lincoln, Mackie, Parnell, Pearce, Phillips, Sharp, Torgerson, Wilken Excused: Taylor and so, Amendment No. 5 failed. Senator Halford offered Amendment No. 6 : Page 1, line 1, following "Act": Insert "relating to peace officer powers of employees of the Alcoholic Beverage Control Board;" Page 2, following line 5: Insert a new bill section to read: "* Sec. 2. AS04.06.110 is amended to read: Sec. 04.06.110. Peace officer powers. The director and the persons employed for the administration and enforcement of this title may, with the concurrence of the commissioner of public safety, exercise the powers of peace officers when those powers are specifically granted by the board. Powers granted by the board under this section may be exercised only when necessary for the enforcement of the 1998-04-15 Senate Journal Page 3270 SB 233 criminally punishable provisions of this title, regulations of the board, and other criminally punishable laws and regulations governing the manufacture, barter, sale, consumption, and possession of alcoholic beverages in the state or prohibiting prostitution or gambling." Senator Halford moved for the adoption of Amendment No. 6. Without objection, Amendment No. 6 was adopted. Senators Sharp and Donley offered Amendment No. 7 : Page 2, line 15, reinsert between includes and a: but is not limited to Senator Sharp moved for the adoption of Amendment No. 7. Senator Duncan objected, then withdrew his objection. There being no further objections, Amendment No. 7 was adopted. Senator Leman, Acting Majority Leader, 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. 233(FIN) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 233(FIN) am An Act relating to peace officer powers of employees of the Alcoholic Beverage Control Board; relating to membership on the Alcoholic Beverage Control Board; extending the termination date of the Alcoholic Beverage Control Board; relating to sales of beer and wine on a golf course or at a recreational site; relating to notice of alcohol-related arrests; and providing for an effective date pass the Senate? The roll was taken with the following result: 1998-04-15 Senate Journal Page 3271 SB 233 CSSB 233(FIN) am Third Reading - Final Passage YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Mackie, Miller, Parnell, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Leman, Lincoln, Pearce Excused: Taylor and so, CS FOR SENATE BILL NO. 233(FIN) am passed the Senate. Senator Leman, Acting Majority Leader, moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CSSB 233(FIN) am Effective Date Clause YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams Excused: Taylor and so, the effective date clause was adopted. Senator Adams gave notice of reconsideration. 1998-04-15 Senate Journal Page 3272 SB 319 SENATE BILL NO. 319 An Act relating to arbitration; amending Rules 57(a) and 77(g), Alaska Rules of Civil Procedure; 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 2859. Without objection, CS FOR SENATE BILL NO. 319(L&C) was adopted and read the second time. Senator Leman, Acting Majority Leader, 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. 319(L&C) was read the third time. Senator Ward moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Senator Ward was required to vote. The question being: Shall CS FOR SENATE BILL NO. 319(L&C) An Act relating to arbitration; amending Rules 57(a) and 77(g), Alaska Rules of Civil Procedure; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 319(L&C) Third Reading - Final Passage YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Lincoln Excused: Taylor and so, CS FOR SENATE BILL NO. 319(L&C) failed to pass the Senate. 1998-04-15 Senate Journal Page 3273 SB 319 Senator Phillips gave notice of reconsideration. Senate Bills in Second Reading SB 263 SENATE BILL NO. 263 An Act relating to secondary roads; and providing for an effective date which had been held in second reading (page 3245) with the motion pending to adopt the Finance Committee Substitute offered on page 3111 was before the Senate. Without objection, CS FOR SENATE BILL NO. 263(FIN) An Act relating to secondary roads and to the statewide transportation improvement program; and providing for an effective date was adopted and read the second time. Senator Donley offered Amendment No. 1 : Page 2, line 15, after determine Delete: 40% Insert: at least 20% Senator Donley moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: 1998-04-15 Senate Journal Page 3274 SB 263 CSSB 263(FIN) am Advance from Second to Third Reading? YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Kelly, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Taylor and so, the bill failed to advance to third reading. CS FOR SENATE BILL NO. 263(FIN) am will be on the April 16 calendar. Second Reading of Senate Resolutions SCR 23 SENATE CONCURRENT RESOLUTION NO. 23 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 2, relating to the permanent fund dividend program, was read the second time. Senator Halford offered Amendment No. 1 : Page 1, line 7, to page 2, line 17: Delete all material following House Bill No. 2 Senator Halford moved for the adoption of Amendment No. 1. Senator Kelly objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1998-04-15 Senate Journal Page 3275 SCR 23 SCR 23 Second Reading Amendment No. 1 YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Lincoln, Mackie, Pearce, Ward Nays: Kelly, Leman, Miller, Parnell, Phillips, Sharp, Torgerson, Wilken Excused: Taylor and so, Amendment No. 1 was adopted. The question being: Shall SENATE CONCURRENT RESOLUTION NO. 23 am Suspending Uniform Rules 24(c) 35 41 and 42(e) of the Alaska State Legislature concerning House Bill No. 2 relating to the permanent fund dividend program, pass the Senate? The roll was taken with the following result: SCR 23 am Second Reading - Final Passage YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Kelly Excused: Taylor and so, SENATE CONCURRENT RESOLUTION NO. 23 am passed the Senate. Senator Kelly gave notice of reconsideration. 1998-04-15 Senate Journal Page 3276 Second Reading of House Bills HB 2 CS FOR HOUSE BILL NO. 2(FIN) An Act allowing, for the purposes of permanent fund dividend eligibility, an individual to accompany, as the spouse or minor or disabled dependent, another eligible resident who is absent for any of the following reasons: vocational, professional, or other specific education for which a comparable program is not reasonably available in the state; secondary or postsecondary education; military service; medical treatment; service in the Congress or in the peace corps; to care for the individuals terminally ill parent, spouse, sibling, child, or stepchild; for up to 220 days to settle the estate of the individuals deceased parent, spouse, sibling, child, or stepchild; to care for a parent, spouse, sibling, child, or stepchild with a critical life- threatening illness whose treatment plan, as recommended by the attending physician, requires travel outside of the state for treatment at a medical specialty complex; or other reasons that the commissioner of revenue may establish by regulation; requiring, for the purposes of permanent fund dividend eligibility, a state resident to have the intent to remain indefinitely; relating to the eligibility for 1992, 1993, 1994, 1995, 1996, and 1997 permanent fund dividends of certain spouses and dependents of eligible applicants; and providing for an effective date was read the second time. Senator Sharp moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 2462. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 2(FIN) An Act requiring, for purposes of permanent fund dividend eligibility, an individual to have been physically present in the state for at least 72 consecutive hours during the prior two years before the current dividend year; relating, for purposes of permanent fund dividend eligibility, to allowable absences for secondary and postsecondary education on a full-time basis, vocational, professional, or other education on a full-time basis when a comparable program is not reasonably available in the state, serving on active duty as a member of the armed forces of the United States, receiving continuous medical treatment or convalescing if the treatment or convalescence is not based on a need for climatic change, providing care for certain relatives with critical life-threatening illnesses, 1998-04-15 Senate Journal Page 3277 HB 2 providing care for certain terminally ill relatives, settling the estates of certain relatives, serving as a member of the United States Congress, serving on the staff of a member from this state of the United States Congress, serving as an employee of the state, accompanying certain ill minors, accompanying another eligible resident who is absent for an allowable reason as the spouse, minor dependent, or disabled dependent of the eligible resident, or for any reason consistent with an individuals intent to remain a state resident; prohibiting, for purposes of permanent fund dividend eligibility, an individual from claiming an allowable absence unless the individual was a resident for at least six consecutive months immediately before leaving the state; making ineligible, for purposes of permanent fund dividend eligibility, certain individuals who are absent for more than 180 days during each of 10 qualifying years; relating to the definition of state resident for purposes of permanent fund dividend eligibility and requiring a state resident to have the intent to remain indefinitely; relating to the qualifying year and defining that term for purposes of the permanent fund dividend program; relating to the eligibility for 1998 permanent fund dividends of certain spouses and dependents of eligible individuals; and providing for an effective date was adopted and read the second time. Senator Leman offered Amendment No. 1 : On page 4, line 11, following armed forces Insert: or Foreign Service Senator Leman moved for the adoption of Amendment No. 1. Objections were heard. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1998-04-15 Senate Journal Page 3278 HB 2 SCS CSHB 2(FIN) Second Reading Amendment No. 1 YEAS: 2 NAYS: 17 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Leman Nays: Adams, Donley, Duncan, Green, Halford, Hoffman, Kelly, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Excused: Taylor and so, Amendment No. 1 failed. Senator Leman, Acting Majority Leader, 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. 2(FIN) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 2(FIN) An Act requiring, for purposes of permanent fund dividend eligibility, an individual to have been physically present in the state for at least 72 consecutive hours during the prior two years before the current dividend year; relating, for purposes of permanent fund dividend eligibility, to allowable absences for secondary and postsecondary education on a full-time basis, vocational, professional, or other education on a full-time basis when a comparable program is not reasonably available in the state, serving on active duty as a member of the armed forces of the United States, receiving continuous medical treatment or convalescing if the treatment or convalescence is not based on a need for climatic change, providing care for certain relatives with critical life-threatening illnesses, providing care for certain terminally ill relatives, settling the estates of certain relatives, serving as a member of the United States Congress, serving on the staff of a member from this state of the 1998-04-15 Senate Journal Page 3279 HB 2 United States Congress, serving as an employee of the state, accompanying certain ill minors, accompanying another eligible resident who is absent for an allowable reason as the spouse, minor dependent, or disabled dependent of the eligible resident, or for any reason consistent with an individuals intent to remain a state resident; prohibiting, for purposes of permanent fund dividend eligibility, an individual from claiming an allowable absence unless the individual was a resident for at least six consecutive months immediately before leaving the state; making ineligible, for purposes of permanent fund dividend eligibility, certain individuals who are absent for more than 180 days during each of 10 qualifying years; relating to the definition of state resident for purposes of permanent fund dividend eligibility and requiring a state resident to have the intent to remain indefinitely; relating to the qualifying year and defining that term for purposes of the permanent fund dividend program; relating to the eligibility for 1998 permanent fund dividends of certain spouses and dependents of eligible individuals; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 2(FIN) Third Reading - Final Passage Effective Dates YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Parnell, Pearce, Phillips, Sharp, Torgerson, Ward, Wilken Nays: Adams, Mackie Excused: Taylor and so, SENATE CS FOR CS FOR HOUSE BILL NO. 2(FIN) passed the Senate. Senator Leman, Acting Majority Leader 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. 1998-04-15 Senate Journal Page 3280 HB 2 Senator Adams gave notice of reconsideration. Citations Honoring - Jerome Komisar Senator(s) Kelly, Adams, Hoffman, Taylor, Wilken, Leman, Duncan, Lincoln, Halford, Green, Pearce, Ellis, Parnell, Mackie Honoring - Kelly Haney, Anchorage School Board Member Senator(s) Kelly, Hoffman, Taylor, Donley, Phillips, Wilken, Leman, Duncan, Lincoln, Halford, Green, Pearce, Ellis, Parnell, Mackie Honoring - John Paul Frederickson Representative(s) Ryan Senator(s) Hoffman, Taylor, Kelly, Wilken, Leman, Duncan, Lincoln, Green, Parnell, Mackie Honoring - Sergeant Ross J. Plummer Representative(s) Ryan Senator(s) Hoffman, Taylor, Kelly, Wilken, Leman, Duncan, Lincoln, Green, Pearce, Parnell, Mackie Honoring - Penalty Box Polar Bears Hockey Team Representative(s) Berkowitz Senator(s) Hoffman, Taylor, Kelly, Phillips, Wilken, Leman, Duncan, Lincoln, Green, Pearce, Parnell, Mackie In Memoriam - Senator John Butrovich Representative(s) Vezey, James, Therriault, Davies, Kelly, Brice Senator(s) Sharp, Miller, Wilken, Adams, Hoffman, Taylor, Kelly, Phillips, Leman, Duncan, Lincoln, Halford, Green, Pearce, Parnell, Mackie In Memoriam - Mollie Owens Representative(s) Ivan Senator(s) Hoffman, Taylor, Kelly, Wilken, Leman, Duncan, Lincoln, Green, Pearce, Parnell, Mackie 1998-04-15 Senate Journal Page 3281 In Memoriam - Mary Ellen Hodges Senator(s) Hoffman, Taylor, Kelly, Wilken, Leman, Duncan, Lincoln, Green, Pearce, Parnell, Mackie In Memoriam - Jennie J. Seybert Representative(s) Moses Senator(s) Hoffman, Taylor, Kelly, Wilken, Leman, Duncan, Lincoln, Halford, Green, Pearce, Parnell, Mackie Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Unfinished Business SB 349 Senator Sharp, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on SENATE BILL NO. 349 An Act exempting services of certain sports officials at amateur sporting events from coverage under the Alaska Employment Security Act; and providing for an effective date. Without objection, the bill was referred to the Rules Committee. SCR 26 President Miller added a Finance Committee referral to SENATE CONCURRENT RESOLUTION NO. 26 Relating to the policy on use of a state right-of-way for fiber-optic cables. The resolution was referred to the Judiciary and Finance Committees. 1998-04-15 Senate Journal Page 3282 Announcements HB 472 Senator Sharp, Cochair, moved and asked unanimous consent that Uniform Rule 23 be waived on HOUSE BILL NO. 472 An Act relating to apportionment of business income for the Finance Committee meeting on April 16. Without objection, it was so ordered. Announcements are at the end of the journal. Adjournment Senator Leman, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 16, 1998. Without objection, the Senate adjourned at 1:02 p.m. Nancy Quinto Secretary of the Senate April 1998 1998-04-15 Senate Journal Page 3283 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 15 WEDNESDAY 1:30 PM -- MEETING CANCELLED -- BILLS PREVIOUSLY HEARD APR 17 FRIDAY 0:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 APR 15 WEDNESDAY 9:00 AM + SB 108STATE LAND LOTTERY PROGRAM + HB 467CONTRACTUAL LEGISLATIVE EMPLOYEES + SB 295LURING OR ENTICING A CHILD + BILLS PREVIOUSLY HEARD/SCHEDULED + HB 51DEPT OF ENV. CONSERV./WATER/PENALTIES + HB 210AIRPORT DUTY-FREE CONCESSIONS + HB 472APPORTIONMENT OF BUSINESS INCOME + SB 345APPORTIONMENT OF BUSINESS INCOME + HB 234ABORTIONS UNDER GENERAL RELIEF PROGRAM APR 16 THURSDAY 9:00 AM + SB 350ABOLISH TOURISM MARKETING COUNCIL + BILLS PREVIOUSLY HEARD/SCHEDULED + SB 274PROBATION AND PAROLE FEES + SB 337MANDATORY BOROUGH INCORPORATION 1998-04-15 Senate Journal Page 3284 FINANCE APR 16 THURSDAY 4:30 PM + SB 256REDUCE ROYALTY ON COOK INLET OIL & GAS <PENDING REFERRAL> + HB 380REDUCE ROYALTY ON COOK INLET OIL & GAS <PENDING REFERRAL> + BILLS PREVIOUSLY HEARD/SCHEDULED HB 472APPORTIONMENT OF BUSINESS INCOME APR 17 FRIDAY 9:00 AM + SB 246HARBORVIEW DEVELOPMENTAL CENTER + SB 349UNEMPLOY EXEMPT AMATEUR SPORTS OFFICIAL + HB 17DNR APPROVE PLATS IN UNORG. BOROUGH + HB 334TUITION WAIVER FOR POLICE WIDOW/CHILD + BILLS PREVIOUSLY HEARD/SCHEDULED APR 17 FRIDAY 3:30 PM FINANCE SUBCOMMITTEE ON TELECOMMUNICATIONS SB 344STATE AGENCY TELECOMMUNICATIONS SYSTEMS APR 18 SATURDAY 9:00 AM + BILLS PREVIOUSLY HEARD/SCHEDULED + SB 292APPROPS:CAPITAL/REAPPROP/FUNDS/OPERATING APR 19 SUNDAY 10:00 AM -- TIME CHANGE -- BILLS PREVIOUSLY HEARD/SCHEDULED APR 20 MONDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE SB 230APPROPRIATION: MENTAL HEALTH PROGRAM DEPARTMENT CLOSEOUTS - FULL COMMITTEE APR 20 MONDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE SB 230APPROPRIATION: MENTAL HEALTH PROGRAM DEPARTMENT CLOSEOUTS - FULL COMMITTEE APR 21 TUESDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE SB 230APPROPRIATION: MENTAL HEALTH PROGRAM DEPARTMENT CLOSEOUTS - FULL COMMITTEE 1998-04-15 Senate Journal Page 3285 FINANCE APR 21 TUESDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE SB 230APPROPRIATION: MENTAL HEALTH PROGRAM DEPARTMENT CLOSEOUTS - FULL COMMITTEE APR 22 WEDNESDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE SB 230APPROPRIATION: MENTAL HEALTH PROGRAM DEPARTMENT CLOSEOUTS - FULL COMMITTEE APR 22 WEDNESDAY 4:30 PM SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE SB 230APPROPRIATION: MENTAL HEALTH PROGRAM DEPARTMENT CLOSEOUTS - FULL COMMITTEE APR 23 THURSDAY 9:00 AM + SB 229APPROPRIATIONS: OPERATING BUDGET DEPARTMENT CLOSEOUTS - FULL COMMITTEE + SB 230APPROPRIATION: MENTAL HEALTH PROGRAM DEPARTMENT CLOSEOUTS - FULL COMMITTEE TELECONFERENCE - 3 MINUTE TIME LIMIT APR 24 FRIDAY 9:00 AM BILLS PREVIOUSLY HEARD/SCHEDULED APR 25 SATURDAY 10:00 AM -- TIME CHANGE -- BILLS PREVIOUSLY HEARD/SCHEDULED APR 26 SUNDAY 10:00 AM -- TIME CHANGE -- BILLS PREVIOUSLY HEARD/SCHEDULED APR 27 MONDAY 9:00 AM SB 229APPROPRIATIONS: OPERATING BUDGET SB 230APPROPRIATION: MENTAL HEALTH PROGRAM ---------------------------------------- 1998-04-15 Senate Journal Page 3286 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 15 WEDNESDAY 9:00 AM + SB 266MEDICAID COVER/HEALTHY FAMILIES AK PROGRA + HB 459MEDICAID FOR LOW-INCOME DISABLED BILLS HELD FROM PREVIOUS MEETINGS APR 17 FRIDAY 9:00 AM + HB 367PART-TIME PUBLIC SCHOOL STUDENT ENROLLMEN BILLS HELD FROM PREVIOUS MEETINGS ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 15 WEDNESDAY 1:45 PM -- TIME CHANGE -- + HB 116WORKERS COMPENSATION SELF-INSURANCE GROUP + SB 305IMPLEMENTATION OF WORK COMP EDITION + SCR 26FIBER-OPTIC CABLE RIGHT-OF-WAY POLICY BILLS PREVIOUSLY HEARD APR 17 FRIDAY 1:30 PM + SB 331PROFESSIONAL COUNSELOR LICENSING + CONFIRMATIONS: ALCOHOL BEVERAGE CONTROL BOARD, JUDICIAL CONDUCT, ALASKA JUDICIAL COUNCIL, VIOLENT CRIMES COMPENSATION BOARD BILLS PREVIOUSLY HEARD ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 APR 16 THURSDAY 1:30 PM + HB 399EXEMPT/DEFERRAL DETERIORATED PROPTY TAX BILLS PREVIOUSLY HEARD + HB 33REAL ESTATE LICENSING APR 21 TUESDAY 1:30 PM + HB 449ROTH IRA EXEMPTION + HB 387DENTISTS ABILITY TO DO CPR BILLS PREVIOUSLY HEARD + SB 335LICENSING OF COSMETOLOGISTS ---------------------------------------- 1998-04-15 Senate Journal Page 3287 RESOURCES BUTROVICH ROOM 205 APR 15 WEDNESDAY 3:30 PM + HB 380REDUCE ROYALTY ON COOK INLET OIL & GAS + HB 370APPROPRIATION: 1997 FISHERY DISASTER BILLS PREVIOUSLY HEARD/SCHEDULED APR 17 FRIDAY 3:30 PM + SB 206AIRPORT/AIR NAVIGATION FACILITIES HB 168TRADITIONAL ACCESS FOR TRADITIONAL ACTIVI BILLS PREVIOUSLY HEARD/SCHEDULED ---------------------------------------- RULES FAHRENKAMP RM 203 APR 15 WEDNESDAY 0:00 AM -- MEETING CANCELLED -- HB 2PERMANENT FUND DIVIDEND ELIGIBILITY OTHER ITEMS WHICH MAY BE REFERRED TO RULES APR 16 THURSDAY 0:00 AM ON ADJOURNMENT SB 349UNEMPLOY EXEMPT AMATEUR SPORTS OFFICIAL HB 356JOINT TASK FORCE ON MILITARY BASES HB 467CONTRACTUAL LEGISLATIVE EMPLOYEES ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 APR 16 THURSDAY 3:30 PM HB 462USE OF STATE MONEY FOR IMAGES/MESSAGES HB 264NEGOTIATED REGULATION MAKING BILLS PREVIOUSLY HEARD ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 APR 16 THURSDAY 1:30 PM SB 352AIRPORT REVENUE BONDS + HB 373FOREST RESOURCES 1998-04-15 Senate Journal Page 3288 FINANCE SUBCOMMITTEES ADMINISTRATION BUTROVICH RM 205 APR 15 WEDNESDAY 3:00 PM CLOSEOUT FY 99 BUDGET ---------------------------------------- COMMERCE & ECONOMIC DEVELOPMENT SENATE FINANCE 532 APR 17 FRIDAY 2:00 PM DEPARTMENT CLOSEOUT ---------------------------------------- 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 15 WEDNESDAY 2:00 PM CLOSEOUT FY 99 BUDGET ---------------------------------------- CORRECTIONS BUTROVICH RM 205 APR 16 THURSDAY 2:30 PM BUDGET CLOSEOUT ---------------------------------------- COURT SYSTEM BELTZ RM 211 APR 16 THURSDAY 1:00 PM SUBCOMMITTEE CLOSEOUT ---------------------------------------- ECONOMIC DEVELOPMENT FAHRENKAMP RM 203 APR 15 WEDNESDAY 3:30 PM ECONOMIC DEVELOPMENT SUBCOMMITTEE CLOSEOUT ---------------------------------------- 1998-04-15 Senate Journal Page 3289 FINANCE SUBCOMMITTEES ENVIRONMENTAL CONSERVATION SENATE FINANCE 532 APR 17 FRIDAY 8:00 AM DEPARTMENT CLOSEOUT ---------------------------------------- GOVERNOR SENATE FINANCE 532 APR 18 SATURDAY 1:30 PM SUBCOMMITTEE CLOSEOUT ---------------------------------------- HEALTH & SOCIAL SERVICES BELTZ RM 211 APR 15 WEDNESDAY 7:30 AM SUBCOMMITTEE CLOSEOUT APR 17 FRIDAY 7:30 AM SUBCOMMITTEE CLOSEOUT ---------------------------------------- HUMAN RESOURCES SENATE FINANCE 532 APR 17 FRIDAY 1:00 PM SUBCOMMITTEE CLOSEOUT ---------------------------------------- LABOR SENATE FINANCE 532 APR 17 FRIDAY 3:00 PM SUBCOMMITTEE CLOSEOUT ---------------------------------------- LEGISLATURE SENATE FINANCE 532 APR 18 SATURDAY 1:00 PM FY 99 LEGISLATURE BUDGET SUBCOMMITTEE PUBLIC COMMENT AND CLOSEOUT ---------------------------------------- 1998-04-15 Senate Journal Page 3290 FINANCE SUBCOMMITTEES MILITARY AND VETERANS AFFAIRS BUTROVICH RM 205 APR 15 WEDNESDAY 2:30 PM CLOSEOUT FY 99 BUDGET ---------------------------------------- NATURAL RESOURCES BUTROVICH RM 205 APR 16 THURSDAY 7:30 AM CLOSEOUT MEETING - DEPT OF NATURAL RESOURCES ---------------------------------------- PUBLIC SAFETY BUTROVICH RM 205 APR 16 THURSDAY 3:30 PM DEPT OF PUBLIC SAFETY BUDGET CLOSEOUT ---------------------------------------- UNIVERSITY OF ALASKA SENATE FINANCE 532 APR 15 WEDNESDAY 3:00 PM BUDGET CLOSEOUT OTHER MEETINGS ANCHORAGE CAUCUS SENATE FINANCE 532 APR 16 THURSDAY 5:30 PM ANCHORAGE CAUCUS ---------------------------------------- CHILDRENS CAUCUS BUTROVICH RM 205 APR 15 WEDNESDAY 12:00 PM ABSTINENCE PROGRAMS THAT WORK