Legislature(1997 - 1998)

1998-05-26 Senate Journal

Full Journal pdf

1998-05-26                     Senate Journal                      Page 4187
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                             TWENTIETH LEGISLATURE                             
                                                                               
                             FIRST SPECIAL SESSION                             
                                                                               
Juneau, Alaska                                                                 
                                                                               
                                   First Day                                   
                                                                               
                                                                               
Pursuant to the May 12th Proclamation of the Governor calling for              
the convening of the First Special Session of the Twentieth Alaska             
State Legislature, the Senate was called to order by President Miller          
at 1:07 p.m.                                                                   
                                                                               
The roll showed nineteen members present. Senator Mackie was                   
absent.                                                                        
                                                                               
The prayer was offered by the Chaplain, Senator Parnell. Senator               
Hoffman moved and asked unanimous consent that the prayer be                   
spread.  Without objection, it was so ordered.                                 
                                                                               
                                                                               
Lord God, we give thanks for this gloriously                                  
beautiful day. It highlights the magnificent resources                         
You provided us: the sun, the water, the mountains,                            
lands, and everything that lives therein.  God, we                             
pray that You would be with us through this Special                            
Session. We ask for Your blessing, Your wisdom                                 
and discernment. We ask for peace across our land.                             
In Jesus Name, Amen.                                                           
                                                                               
                                                                               
Senator Kelly led the Senate in the Pledge of Allegiance.                      
                                                                               
                                                                               
                                      4187                                     

1998-05-26                     Senate Journal                      Page 4188
                                Certification                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journals             
for the one hundred twentieth and one hundred twenty-first                     
legislative days of the Second Session of the Twentieth Legislature            
be approved as certified by the Secretary.  Without objection, it was          
so ordered.                                                                    
                                                                               
                                                                               
                          Messages from the Governor                         
                                                                               
The Secretary read the following:                                              
                                                                               
                                 Proclamation                                
                                                                               
Under the authority of art. II, sec. 9, and art. III, sec. 17, of the          
Alaska Constitution, and in the public interest, I call the Twentieth          
Legislature of the State of Alaska into special session at Juneau,             
Alaska, in the legislative chambers on May 26, 1998, at 1:00 p.m.,             
to consider the following subject.                                             
                                                                               
	(1)an amendment to the Alaska Constitution granting                          
authority to the Legislature to provide a priority, based                      
on place of residence, for the taking of fish and wildlife                     
and other renewable natural resources for subsistence                          
uses; and                                                                      
                                                                               
	(2)laws implementing the priority described in (1) of this                   
proclamation.                                                                  
                                                                               
Dated at Juneau, Alaska this 12th day of May, 1998.                            
                                                                               
						/s/                                                                      
						Tony Knowles                                                             
						Governor                                                                 
                                                                               
                                                                               

1998-05-26                     Senate Journal                      Page 4189
SCR 28                                                                       
Message dated and received May 14 was read, stating the Governor               
transmitted the engrossed and enrolled copies of the following                 
resolution to the Lieutenant Governors Office for permanent filing:            
                                                                               
SENATE CONCURRENT RESOLUTION NO. 28                                           
Suspending Uniform Rules 24(c), 35, 41(b), and                                 
42(e) of the Alaska State Legislature concerning                               
House Bill No. 404, relating to commercial motor                               
vehicles.                                                                      
                                                                               
		Legislative Resolve No. 68                                                   
                                                                               
HB 356                                                                       
Message dated and received May 14 was read, stating the Governor               
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
CS FOR HOUSE BILL NO. 356(FIN) am S An                                        
Act establishing the Joint Committee on Military                               
Bases in Alaska; and providing for an effective                                
date.                                                                          
                                                                              
			Chapter 31, SLA 1998                                                        
			Effective Date: 05/15/98                                                    
                                                                               
HB 395                                                                       
Message dated and received May 14 was read, stating the Governor               
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
395(JUD) An Act relating to civil liability resulting                          
from the use of a defibrillator in providing                                   
emergency aid or emergency training.                                           
                                                                              
			Chapter 32, SLA 1998                                                        
			Effective Date: 08/12/98                                                    
                                                                               
                                                                               

1998-05-26                     Senate Journal                      Page 4190
HB 387                                                                       
Message dated and received May 14 was read, stating the Governor               
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
CS FOR HOUSE BILL NO. 387(L&C) An Act                                         
relating to dentists.                                                          
                                                                              
			Chapter 33, SLA 1998                                                        
			Effective Date: 08/12/98                                                    
                                                                               
HB 370                                                                       
Message dated May 15 and received May 18 was read, stating the                 
Governor signed the following bill and transmitted the engrossed and           
enrolled copies to the Lieutenant Governors Office for permanent               
filing:                                                                        
                                                                               
SENATE CS FOR 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.                                                                
                                                                              
			Chapter 34, SLA 1998                                                        
			Effective Date: 05/16/98                                                    
                                                                               
HB 472                                                                       
Message dated May 18 and received May 19 was read, stating the                 
Governor signed the following bill and transmitted the engrossed and           
enrolled copies to the Lieutenant Governors Office for permanent               
filing:                                                                        
                                                                               
SENATE CS FOR HOUSE BILL NO. 472(FIN)                                         
An Act relating to apportionment of business                                   
income.                                                                        
                                                                              
			Chapter 35, SLA 1998                                                        
			Effective Date: See Chapter                                                 
                                                                               
                                                                               

1998-05-26                     Senate Journal                      Page 4191
SB 157                                                                       
Message dated May 18 and received May 19 was read, stating the                 
Governor signed the following bill and transmitted the engrossed and           
enrolled copies to the Lieutenant Governors Office for permanent               
filing:                                                                        
                                                                               
CS FOR SENATE BILL NO. 157(FIN) An Act                                        
establishing a childrens trust motor vehicle                                   
registration plate.                                                            
                                                                              
			Chapter 36, SLA 1998                                                        
			Effective Date: 08/16/98                                                    
                                                                               
HB 392                                                                       
Message dated May 18 and received May 19 was read, stating the                 
Governor signed the following bill and transmitted the engrossed and           
enrolled copies to the Lieutenant Governors Office for permanent               
filing:                                                                        
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
392(RES) An Act relating to access by the                                      
Department of Environmental Conservation and the                               
Department of Fish and Game to confidential                                    
records for fisheries businesses and resources                                 
prepared or kept by the Department of Revenue                                  
under AS 43.75.015; relating to certain salmon                                 
products reports; and providing for an effective                               
date.                                                                          
                                                                              
			Chapter 37, SLA 1998                                                        
			Effective Date: See Chapter                                                 
                                                                               
HB 334                                                                       
Message dated and received May 20 was read, stating the Governor               
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
                                                                               

1998-05-26                     Senate Journal                      Page 4192
HB 334                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
334(FIN) An Act relating to waiver of tuition and                              
fees for certain family members of a member of the                             
armed services, a peace officer, or a fire fighter                             
killed in the line of duty; and providing for an                               
effective date.                                                                
                                                                              
			Chapter 38, SLA 1998                                                        
			Effective Date: 07/01/98                                                    
                                                                               
SB 240                                                                       
Message dated and received May 20 was read, stating the Governor               
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
SENATE BILL NO. 240(title am)(reengrossed) An                                 
Act repealing the tax on punchboards and certain                               
coin-operated devices; and providing for an effective                          
date.                                                                          
                                                                              
			Chapter 39, SLA 1998                                                        
			Effective Date: 01/01/99                                                    
                                                                               
HB 17                                                                        
Message dated and received May 20 was read, stating the Governor               
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
17(RES) An Act establishing the Department of                                  
Natural Resources as the platting authority in certain                         
areas of the state; relating to subdivisions and                               
dedications; and providing for an effective date.                              
                                                                              
			Chapter 40, SLA 1998                                                        
			Effective Date: See Chapter                                                 
                                                                               
                                                                               

1998-05-26                     Senate Journal                      Page 4193
SB 352                                                                       
Message dated May 21 and received May 22 was read, stating the                 
Governor signed the following bill and transmitted the engrossed and           
enrolled copies to the Lieutenant Governors Office for permanent               
filing:                                                                        
                                                                               
SENATE BILL NO. 352 An Act relating to                                        
international airports revenue bonds; and providing                            
for an effective date.                                                         
                                                                              
			Chapter 41, SLA 1998                                                        
			Effective Date: 05/22/98                                                    
                                                                               
HB 199                                                                       
Message dated and received May 22 was read, stating the Governor               
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
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.                                               
                                                                              
			Chapter 42, SLA 1998                                                        
			Effective Date: 05/23/98                                                    
                                                                               
HB 321                                                                       
Message dated and received May 22 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 BILL NO. 321 am An Act relating to                                      
trusts, to the prudent investor rule, and to standards                         
of care applicable to personal representatives,                                
conservators, and trustees; and providing for an                               
effective date.                                                                
                                                                              
			Chapter 43, SLA 1998                                                        
			Effective Date: 05/23/98                                                    

1998-05-26                     Senate Journal                      Page 4194
HB 2                                                                         
Message dated and received May 22 was read, stating the Governor               
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE BILL                                 
NO. 2 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,                   
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.                                               
                                                                              

1998-05-26                     Senate Journal                      Page 4195
HB 2                                                                         
			Chapter 44, SLA 1998                                                        
			Effective Date: See Chapter                                                 
                                                                               
HB 33                                                                        
Message dated and received May 22 was read, stating the Governor               
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
CS FOR HOUSE BILL NO. 33(FIN) am An Act                                       
relating to real estate licensees and to the real estate                       
surety fund; relating to the Real Estate Commission;                           
and providing for an effective date.                                           
                                                                              
			Chapter 45, SLA 1998                                                        
			Effective Date: See Chapter                                                 
                                                                               
SB 235                                                                       
Message dated and received May 22 was read, stating the Governor               
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
CS FOR SENATE BILL NO. 235(FIN) An Act                                        
extending the termination date of the Board of                                 
Certified Real Estate Appraisers.                                              
                                                                              
			Chapter 46, SLA 1998                                                        
			Effective Date: 08/20/98                                                    
                                                                               
SB 110                                                                       
Message dated and received May 22 was read, stating the Governor               
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
                                                                               

1998-05-26                     Senate Journal                      Page 4196
SB 110                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO.                                           
110(FIN) An Act relating to licensure of landscape                             
architects; relating to exemptions from laws                                   
regulating the practice of architecture, engineering,                          
and land surveying; and relating to fees collected by                          
the Board of Registration for Architects, Engineers,                           
and Land Surveyors.                                                            
                                                                              
			Chapter 47, SLA 1998                                                        
			Effective Date: 08/20/98                                                    
                                                                               
HB 404                                                                       
Message dated and received May 22 was read, stating the Governor               
signed the following bill and transmitted the engrossed and enrolled           
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
404(RLS) 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 for certain noncommercial pick-up trucks and                               
vans; and providing for an effective date.                                     
                                                                              
			Chapter 48, SLA 1998                                                        
			Effective Date: See Chapter                                                 
                                                                               
SR 2                                                                         
Message dated and received May 20 was read, stating the Governor               
transmitted the engrossed and enrolled copies of the following                 
resolution to the Lieutenant Governors Office for permanent filing:            
                                                                               
SENATE RESOLUTION NO. 2 Requesting Bruce                                      
M. Botelho, Attorney General of the State of                                   
Alaska, to appoint a special prosecutor to investigate                         
possible security and other violations in connection                           
with World Plus, Inc.                                                          
                                                                               
			Senate Resolve No. 2                                                        

1998-05-26                     Senate Journal                      Page 4197
SR 3                                                                         
Message dated and received May 20 was read, stating the Governor               
transmitted the engrossed and enrolled copies of the following                 
resolution to the Lieutenant Governors Office for permanent filing:            
                                                                               
SENATE RESOLUTION NO. 3 Requesting Bruce                                      
M. Botelho, Attorney General of the State of                                   
Alaska, to appoint a special prosecutor to investigate                         
the possible misuse of the Alaska Public Safety                                
Information Network.                                                           
                                                                               
			Senate Resolve No. 3                                                        
                                                                               
                                                                               
                           Messages from the House                           
                                                                               
SCR 11                                                                       
Message dated May 12 was received, stating the House passed and                
returned:                                                                      
                                                                               
CS FOR SENATE CONCURRENT RESOLUTION                                           
NO. 11(FIN) Creating the Long-Term Care Task                                   
Force.                                                                         
                                                                               
The resolution was referred to the Secretary for enrollment.                   
                                                                               
SCR 29                                                                       
Message dated May 12 was received, stating the House passed and                
returned:                                                                      
                                                                               
SENATE CONCURRENT RESOLUTION NO. 29                                           
Suspending Uniform Rules 24(c), 35, 41(b), and                                 
42(e) of the Alaska State Legislature concerning                               
House Bill No. 471, relating to the boards of                                  
commissioners of regional Native housing                                       
authorities, and relating to the reinstatement of                              
Native corporations.                                                           
                                                                               
The resolution was referred to the Secretary for enrollment.                   
                                                                               

1998-05-26                     Senate Journal                      Page 4198
SCR 30                                                                       
Message dated May 12 was received, stating the House passed and                
returned:                                                                      
                                                                               
SENATE CONCURRENT RESOLUTION NO. 30                                           
Suspending Uniform Rules 24(c), 35, 41(b), and                                 
42(e) of the Alaska State Legislature concerning                               
House Bill No. 7, relating to establishment of                                 
community dispute resolution centers.                                          
                                                                               
The resolution was referred to the Secretary for enrollment.                   
                                                                               
SCR 31                                                                       
Message dated May 12 was received, stating the House passed and                
returned:                                                                      
                                                                               
SENATE CONCURRENT RESOLUTION NO. 31                                           
Suspending Uniform Rules 24(c), 35, 41(b), and                                 
42(e) of the Alaska State Legislature concerning                               
House Bill No. 459, relating to the medical                                    
assistance program.                                                            
                                                                               
The resolution was referred to the Secretary for enrollment.                   
                                                                               
SB 223                                                                       
Message dated May 12 was received, stating the House passed and                
returned:                                                                      
                                                                               
CS FOR SENATE BILL NO. 223(FIN) am 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; repealing the                            
senior housing bond account; relating to bonds to                              
fund senior housing loans; repealing a provision                               
relating to the interest rate on senior housing loans                          
made by the Alaska Housing Finance Corporation;                                
and providing for an effective date.                                           

1998-05-26                     Senate Journal                      Page 4199
SB 223                                                                       
The bill was referred to the Secretary for enrollment.                         
                                                                               
SB 254                                                                       
Message dated May 12 was received, stating the House passed and                
returned:                                                                      
                                                                               
CS FOR SENATE BILL NO. 254(FIN) An Act                                        
relating to the exemption from levy, execution,                                
garnishment, attachment, or other remedy for the                               
collection of debt as applied to a permanent fund                              
dividend.                                                                      
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
SB 347                                                                       
Message dated May 12 was received, stating the House passed and                
returned:                                                                      
                                                                               
SENATE BILL NO. 347 An Act relating to the                                    
increase of an appropriation item based on                                     
additional federal or other program receipts.                                  
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
                                                                               
                         Introduction and Reference of                        
                              Senate Resolutions                              
                                                                               
SJR 101                                                                      
SENATE JOINT RESOLUTION NO. 101 BY THE SENATE                                  
RULES COMMITTEE BY REQUEST OF THE GOVERNOR,                                    
                                                                               
Proposing an amendment to the Constitution of the                             
State of Alaska authorizing a priority for subsistence                         
uses of renewable natural resources that is based on                           
place of residence; and providing for an effective                             
date.                                                                          
                                                                               
                                                                               

1998-05-26                     Senate Journal                      Page 4200
SJR 101                                                                      
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
Fiscal note published today from Office of the Governor. Zero fiscal           
note published today from Department of Law.                                   
                                                                               
Governors transmittal letter dated May 26, 1998:                               
                                                                               
Dear President Miller:                                                         
                                                                               
This joint resolution calling for a vote on a state constitutional             
amendment is the key element in a plan that offers a solution to               
Alaska's longstanding subsistence dilemma.  Taken in conjunction               
with a companion bill I also present today on behalf of Alaskans and           
the subsistence task force, and with amendments to the Alaska                  
National Interest Lands Conservation Act (ANILCA) passed by                    
Congress in 1997, this measure will enable the state to regain and             
retain complete management of fish and wildlife on all land and                
water in Alaska.  It is identical to the joint resolutions I offered on        
January14, 1998, as Senate Joint Resolution 31 and House Joint                 
Resolution 46.                                                                 
                                                                               
This comprehensive solution to the subsistence question is the result          
of the outstanding work of a bipartisan task force made up of public           
and private members I convened last summer.  These Alaska leaders              
joined me in developing an approach, which not only enables the                
state to regain subsistence management of fish and wildlife, but also          
recognizes the paramount importance of the subsistence lifestyle to            
Alaskans.  The task force members included Lt. Governor Fran                   
Ulmer, Senate President Mike Miller, House Speaker Gail Phillips,              
former Governor Jay Hammond, former Attorney General Charlie                   
Cole and Byron Mallott, Executive Director of the Permanent Fund               
Corporation and myself.  Working together, we agreed the best                  
approach was to adhere to the original intent of ANILCA, not to                
expand or diminish its fundamental provisions, and to recommend                
only those changes in current federal and state law absolutely                 
necessary to affect the original purposes.                                     
                                                                               
                                                                               

1998-05-26                     Senate Journal                      Page 4201
SJR 101                                                                      
The attached joint resolution allows the people of the state to vote           
to amend the Alaska Constitution.  Under this constitutional                   
amendment, the Legislature could establish a priority for subsistence          
uses of fish and game based on a person's place of residence.                  
                                                                               
The task force designed its three-part package--the constitutional             
amendment, state statutory changes, and amendments to ANILCA--to               
be interdependent.  Neither the statutory changes presented in the             
companion bill, nor the already-approved amendments to ANILCA,                 
will take effect unless the voters adopt this constitutional amendment.        
Giving Alaskans an opportunity to make their contribution to solving           
the dilemma by voting on the amendment is critical.  I urge the                
Legislature to demonstrate its faith in Alaskans by considering and            
passing this resolution.                                                       
                                                                               
						Sincerely,                                                               
						/s/                                                                      
						Tony Knowles                                                             
						Governor                                                                 
                                                                               
                                                                               
                  Introduction and Reference of Senate Bills                 
                                                                               
SB 1001                                                                      
SENATE BILL NO. 1001 BY THE SENATE RULES COMMITTEE                             
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
An Act establishing a priority for subsistence uses                           
of fish and wildlife that is based on place of                                 
residence; relating to the management and taking of                            
fish and wildlife for subsistence uses; relating to                            
certain definitions for the fish and game code;                                
delaying the repeal of the current law regarding                               
subsistence use of fish and game; amending the                                 
effective date of secs. 3 and 5, ch. 1, SSSLA 1992;                            
and providing for an effective date.                                           
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               

1998-05-26                     Senate Journal                      Page 4202
SB 1001                                                                      
Fiscal notes published today from Department of Fish and Game (6).             
Zero fiscal note published today from Department of Law.                       
                                                                               
Governors transmittal letter dated May 26:                                     
                                                                               
Dear President Miller:                                                         
                                                                               
On behalf of Alaskans and the subsistence task force, I am                     
transmitting this bill providing for changes to our subsistence                
statutes.  Except for a minor change, it is identical to the subsistence       
task force bill introduced on January 14, 1998, as Senate Bill 239             
and House Bill 320.                                                            
                                                                               
This is a companion bill to the joint resolution I am also sending             
you today calling for a statewide vote on a constitutional amendment           
allowing a subsistence priority.  Together, these measures will enable         
the state to regain subsistence management of fish and wildlife in             
areas of Alaska now managed by the federal government, and to                  
recognize the paramount importance of the subsistence way of life              
to Alaskans.                                                                   
                                                                               
A main feature of the subsistence provisions of the federal Alaska             
National Interest Lands Conservation Act (ANILCA) is giving rural              
residents of Alaska a priority for subsistence uses of fish and wildlife       
on federal land.  If state law mirrors that priority on state land, the        
state can manage fish and wildlife, for subsistence and all other uses,        
on all lands and waters within its borders.  Without an amendment              
to the Alaska Constitution that would allow such a priority, however,          
the Legislature does not have the power to pass a state statute                
consistent with ANILCA requirements.  As a consequence, the                    
federal government would retain management of subsistence uses on              
federal lands and will take over management on certain waters                  
December 1 of this year.                                                       
                                                                               
                                                                               

1998-05-26                     Senate Journal                      Page 4203
SB 1001                                                                      
The bill would also make other beneficial changes to our subsistence           
law.  For example, it would establish a system of regional councils            
to ensure Alaskans can participate in decision-making that affects fish        
and wildlife subsistence resources near where those Alaskans live.             
It would also clarify the definitions of several terms in the                  
subsistence statutes, including "customary and traditional."  Finally,         
the bill would enable a state resident to hunt and fish for subsistence        
resources while holding a proxy given by a family member or other              
person who qualifies for the subsistence priority under state law.             
                                                                               
This proposed bill and accompanying constitutional amendment were              
crafted by a task force I appointed to find a solution to our                  
longstanding subsistence problem.  Joining me on the task force were           
Lt. Governor Fran Ulmer, House Speaker Gail Phillips, Senate                   
President Mike Miller, former Governor Jay Hammond, former                     
Attorney General Charlie Cole, and Byron Mallott, Executive                    
Director of the Permanent Fund Corporation.  We agreed the best                
approach was a package that relied on three pieces working together:           
the constitutional amendment, state statutory changes, and                     
amendments to ANILCA, which Congress has already passed.                       
Neither the statutory amendments nor the ANILCA amendments will                
go into effect until the voters approve the constitutional amendment.          
                                                                               
Time is of the essence in solving this issue if we are to regain               
management of our resources on federal land.  The current state                
subsistence law sunsets October 1998 and will be replaced by the               
1986 law, which was found unconstitutional in McDowell v. State,             
785 P.2d 1 (Alaska 1989).  This bill postpones the sunset for one              
more year, allowing time to vote on the constitutional amendment               
this November.                                                                 
                                                                               
Meanwhile, this bill would allow the Board of Fisheries and Board              
of Game to immediately begin adopting appropriate regulations so               
they would be ready when the substantive provisions of the bill take           
effect.                                                                        
                                                                               
                                                                               

1998-05-26                     Senate Journal                      Page 4204
SB 1001                                                                      
We can afford to wait no longer.  In March of this year, the United            
States Department of Interior and Department of Agriculture                    
proposed an additional budget of nearly $4,000,000 to expand,                  
starting December 1 of this year, the federal management of                    
subsistence fisheries.  These departments describe their upcoming              
mission as an "unprecedented expansion of Federal management of                
Alaska's fisheries in many areas of the state."  For several areas, the        
departments anticipate that "Federal managers may be called on to              
intervene in the management of commercial harvests to assure                   
upstream delivery of salmon to subsistence users."  Thus, they are             
poised to upset the balanced allocations our Board of Fisheries has            
been perfecting since statehood.                                               
                                                                               
Regaining subsistence management requires Alaskans to amend the                
state constitution and to enact laws that are consistent with                  
ANILCA's provisions.  Passage of this bill is a necessary step toward          
that goal.  I urge your prompt consideration.                                  
                                                                               
						Sincerely,                                                               
						/s/                                                                      
						Tony Knowles                                                             
						Governor                                                                 
                                                                               
SB 1002                                                                      
SENATE BILL NO. 1002 BY THE SENATE RULES                                       
COMMITTEE, entitled:                                                           
                                                                               
An Act delaying the repeal of the current law                                 
regarding subsistence use of fish and game until                               
October 1, 1999; amending the effective date of                                
secs. 3 and 5, ch. 1, SSSLA 1992; and providing                                
for an effective date.                                                         
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               

1998-05-26                     Senate Journal                      Page 4205
                                Announcements                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                  Enrollment                                 
                                                                               
SB 11                                                                        
HOUSE CS FOR CS FOR SENATE BILL NO. 11(FIN) An Act                             
establishing a reimbursement program for municipal bonds, notes, or            
other indebtedness incurred for school construction; relating to               
administrative costs of reimbursing municipal school construction              
debt; relating to municipal school construction project eligibility            
requirements for receiving state reimbursement; and providing for an           
effective date was enrolled, signed by the President and Secretary,            
Speaker and Chief Clerk and the engrossed and enrolled copies                  
transmitted to the Office of the Governor at 10:40 a.m., May 15,               
1998.                                                                          
                                                                               
SB 105                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 105(FIN) am H An                           
Act relating to legislative and executive branch ethics; relating to           
campaign finances for candidates for state or municipal office;                
relating to the conduct and regulation of lobbyists with respect to            
public officials; relating to the filing of disclosures by certain state       
employees and officials; making a conforming amendment to the                  
definition of public official for employment security statutes; and            
providing for an effective date was enrolled, signed by the President          
and Secretary, Speaker and Chief Clerk and the engrossed and                   
enrolled copies transmitted to the Office of the Governor at 10:40             
a.m., May 15, 1998.                                                            
                                                                               
Memorandum from Division of Legal and Research Services,                       
Legislative Affairs Agency, dated May 14 was received, reporting the           
following manifest error in HOUSE CS FOR CS FOR SENATE                         
BILL NO. 105(FIN) am H that has been corrected in enrolling:                   
                                                                               
Page 21, line 23                                                               
	Delete and                                                                
                                                                               

1998-05-26                     Senate Journal                      Page 4206
SB 158                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 158(L&C) am H                              
An Act relating to motor vehicle liability insurance covering a                
person who has had the persons drivers license revoked for                     
possession or consumption of alcohol while under 21 years of age               
was enrolled, signed by the President and Secretary, Speaker and               
Chief Clerk and the engrossed and enrolled copies transmitted to the           
Office of the Governor at 8:20 a.m., May 19, 1998.                             
                                                                               
SB 160                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 160(FIN) am H An                           
Act relating to radiological equipment used in the practice of                 
dentistry was enrolled, signed by the President and Secretary,                 
Speaker and Chief Clerk and the engrossed and enrolled copies                  
transmitted to the Office of the Governor at 11:30 a.m., May 18,               
1998.                                                                          
                                                                               
SB 232                                                                       
CS FOR SENATE BILL NO. 232(JUD) An Act relating to                             
electronic signatures, electronic records, requirements for records, and       
the reproduction of public records was enrolled, signed by the                 
President and Secretary, Speaker and Chief Clerk and the engrossed             
and enrolled copies transmitted to the Office of the Governor at 8:20          
a.m., May 19, 1998.                                                            
                                                                               
SB 234                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 234(JUD) An Act                            
extending the termination date of the Board of Governors of the                
Alaska Bar Association was enrolled, signed by the President and               
Secretary, Speaker and Chief Clerk and the engrossed and enrolled              
copies transmitted to the Office of the Governor at 9:15 a.m., May             
15, 1998.                                                                      
                                                                               
SB 235                                                                       
CS FOR SENATE BILL NO. 235(FIN) An Act extending the                           
termination date of the Board of Certified Real Estate Appraisers              
was enrolled, signed by the President and Secretary, Speaker and               
Chief Clerk and the engrossed and enrolled copies transmitted to the           
Office of the Governor at 9:15 a.m., May 15, 1998.                             
                                                                               

1998-05-26                     Senate Journal                      Page 4207
SB 236                                                                       
CS FOR SENATE BILL NO. 236(RES) An Act extending the                           
termination date of the Citizens Advisory Commission on Federal                
Areas in Alaska; and providing for an effective date was enrolled,             
signed by the President and Secretary, Speaker and Chief Clerk and             
the engrossed and enrolled copies transmitted to the Office of the             
Governor at 9:15 a.m., May 15, 1998.                                           
                                                                               
SB 250                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 250(FIN) 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; and providing for an effective              
date was enrolled, signed by the President and Secretary, Speaker              
and Chief Clerk and the engrossed and enrolled copies transmitted              
to the Office of the Governor at 1:35 p.m., May 14, 1998.                      
                                                                               
SB 285                                                                       
HOUSE CS FOR SENATE BILL NO. 285(FIN) am H An Act                              
relating to state procurement practices was enrolled, signed by the            
President and Secretary, Speaker and Chief Clerk and the engrossed             
and enrolled copies transmitted to the Office of the Governor at               
10:40 a.m., May 15, 1998.                                                      
                                                                               
SB 297                                                                       
CS FOR SENATE BILL NO. 297(2d RLS) An Act relating to                          
breast-feeding was enrolled, signed by the President and Secretary,            
Speaker and Chief Clerk and the engrossed and enrolled copies                  
transmitted to the Office of the Governor at 11:30 a.m., May 18,               
1998.                                                                          
                                                                               
SB 304                                                                       
CS FOR SENATE BILL NO. 304(RLS) An Act relating to the bail                    
or fine for an offense committed in a highway work zone; and                   
providing for an effective date was enrolled, signed by the President          
and Secretary, Speaker and Chief Clerk and the engrossed and                   
enrolled copies transmitted to the Office of the Governor at 11:30             
a.m., May 18, 1998.                                                            
                                                                               
                                                                               

1998-05-26                     Senate Journal                      Page 4208
SB 305                                                                       
CS FOR SENATE BILL NO. 305(L&C) An Act establishing a                          
standard for determining when an injured worker is eligible for                
reemployment benefits and establishing a procedure for adopting a              
new, revised, or replacement standard for determining when an                  
injured worker is eligible for reemployment benefits was enrolled,             
signed by the President and Secretary, Speaker and Chief Clerk and             
the engrossed and enrolled copies transmitted to the Office of the             
Governor at 11:30 a.m., May 18, 1998.                                          
                                                                               
SB 312                                                                       
SENATE BILL NO. 312 An Act relating to animals, to food, to                    
pest control, and to the Alaska Food, Drug and Cosmetic Act; and               
providing for an effective date was enrolled, signed by the President          
and Secretary, Speaker and Chief Clerk and the engrossed and                   
enrolled copies transmitted to the Office of the Governor at 10:40             
a.m., May 15, 1998.                                                            
                                                                               
SB 329                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 329(JUD) An Act                            
relating to the regulation authority, exemptions, and definitions of the       
Alaska Business License Act was enrolled, signed by the President              
and Secretary, Speaker and Chief Clerk and the engrossed and                   
enrolled copies transmitted to the Office of the Governor at 11:30             
a.m., May 18, 1998.                                                            
                                                                               
SB 330                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 330(RES) am H An                           
Act relating to locations of underground facilities and excavations in         
the area of underground facilities was enrolled, signed by the                 
President and Secretary, Speaker and Chief Clerk and the engrossed             
and enrolled copies transmitted to the Office of the Governor at 8:20          
a.m., May 19, 1998.                                                            
                                                                               
                                                                               

1998-05-26                     Senate Journal                      Page 4209
SB 331                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 331(FIN) An Act                            
regulating licensed professional counselors; regulating use of the titles      
licensed professional counselor and licensed counselor; amending               
Rule 504(a)(3), Alaska Rules of Evidence; and providing for an                 
effective date was enrolled, signed by the President and Secretary,            
Speaker and Chief Clerk and the engrossed and enrolled copies                  
transmitted to the Office of the Governor at 8:20 a.m., May 19,                
1998.                                                                          
                                                                               
SB 336                                                                       
CS FOR SENATE BILL NO. 336(L&C) An Act relating to                             
excluding professional hockey team members from workers                        
compensation coverage was enrolled, signed by the President and                
Secretary, Speaker and Chief Clerk and the engrossed and enrolled              
copies transmitted to the Office of the Governor at 8:20 a.m., May             
19, 1998.                                                                      
                                                                               
                                                                               
                          Engrossment and Enrollment                         
                                                                               
SR 2                                                                         
SENATE RESOLUTION NO. 2 Requesting Bruce M. Botelho,                           
Attorney General of the State of Alaska, to appoint a special                  
prosecutor to investigate possible security and other violations in            
connection with World Plus, Inc, was engrossed and enrolled, signed            
by the President and Secretary and the engrossed and enrolled copies           
transmitted to the Office of the Governor at 9:10 a.m., May 15,                
1998.                                                                          
                                                                               
SR 3                                                                         
SENATE RESOLUTION NO. 3 Requesting Bruce M. Botelho,                           
Attorney General of the State of Alaska, to appoint a special                  
prosecutor to investigate the possible misuse of the Alaska Public             
Safety Information Network, was engrossed and enrolled, signed by              
the President and Secretary and the engrossed and enrolled copies              
transmitted to the Office of the Governor at 9:10 a.m., May 15,                
1998.                                                                          
                                                                               
                                                                               

1998-05-26                     Senate Journal                      Page 4210
                                 Adjournment                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in adjournment until 12:00 noon, May 27, 1998. Without                   
objection, the Senate adjourned at 1:19 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                              May 1998         

1998-05-26                     Senate Journal                      Page 4211
                                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                                                    
                                                                               
                                  RESOURCES                                  
MAY 26                          TUESDAY  2:00 PM                               
                               SENATE FINANCE 532                              
	SJR101CONST AM:SUBSIST. PREF.BASED ON RESIDENCE                              
	SB1001SUBSISTENCE PREFERENCE IN RURAL AREAS                                  
	SB1002EXTEND CURRENT SUBSISTENCE LAW                                         
	TELECONFERENCE - INVITATION ONLY