Legislature(1997 - 1998)

1998-05-27 Senate Journal

Full Journal pdf

1998-05-27                     Senate Journal                      Page 4213
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                             TWENTIETH LEGISLATURE                             
                                                                               
                             FIRST SPECIAL SESSION                             
                                                                               
Juneau, Alaska                                                                 
                                                                               
                                   Second Day                                  
                                                                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Miller at 12:17 p.m.                                                           
                                                                               
The roll showed sixteen members present.  Senators Green, Hoffman,             
Mackie, Taylor were absent.                                                    
                                                                               
The prayer was offered by the Chaplain, Senator Pearce.                        
                                                                               
Senator Phillips led the Senate in the Pledge of Allegiance.                   
                                                                               
                                                                               
                                Certification                                
                                                                               
Senator Leman, Acting Majority Leader, moved and asked unanimous               
consent that the journal for the first legislative day be approved as          
certified by the Secretary.  Without objection, it was so ordered.             
                                                                               
                                                                               
The presence of Senators Green, Hoffman, Mackie, Taylor was                    
noted.                                                                         
                                                                               
                                                                               
                                      4213                                     

1998-05-27                     Senate Journal                      Page 4214
                          Standing Committee Reports                         
                                                                               
SB 1002                                                                      
The Resources Committee considered SENATE BILL NO. 1002 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 and recommended it be replaced with                                       
                                                                               
CS FOR SENATE BILL NO. 1002(RES) An Act                                       
providing for the repeal of the termination date of                            
the current law regarding subsistence use of fish and                          
game; repealing the effective date of secs. 3 and 5,                           
ch. 1, SSSLA 1992; and providing for an effective                              
date.                                                                          
                                                                               
Signing do pass: Senator Halford, Chair, Senators Green, Torgerson,            
Leman, Taylor. Signing no recommendation: Senator Lincoln.                     
                                                                               
Zero fiscal note for the committee substitute published today from             
the Senate Resources Committee.                                                
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SJR 101                                                                      
The Resources Committee considered SENATE JOINT                                
RESOLUTION NO. 101 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. Signing do not pass: Senator Halford,         
Chair, Senators Sharp, Taylor. Signing do pass: Senator Lincoln.               
Signing no recommendation: Senators Green, Torgerson. Signing                  
amend: Senator Leman.                                                          
                                                                               
Previous zero and fiscal notes.                                                
                                                                               
Senator Sharp, Cochair, moved and asked unanimous consent that the             
Finance Committee referral be waived. Without objection, the bill              
was referred to the Rules Committee.                                           
                                                                               

1998-05-27                     Senate Journal                      Page 4215
Senator Wilken moved and asked unanimous consent that the Senate               
advance to Unfinished Business. Without objection, the Senate                  
advanced to:                                                                   
                                                                               
                             Unfinished Business                             
                                                                               
Senator Wilken moved and asked unanimous consent that he be                    
excused from a call of the Senate from 1:00 p.m. on May 27                     
through plane time on May 28. Without objection, Senator Wilken                
was excused.                                                                   
                                                                               
                                                                               
                                   Recess                                    
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in recess to a call of the Chair. Without objection, the Senate          
recessed at 12:20 p.m.                                                         
                                                                               
                                After Recess                                 
                                                                               
The Senate reconvened at 12:50 p.m.                                            
                                                                               
                                                                               
                          Standing Committee Reports                         
                                                                               
SB 1002                                                                      
The Rules Committee considered SENATE BILL NO. 1002 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. Signing to calendar: Senator Kelly, Chair, Senator Torgerson.            
Signing to calendar and do pass: Senator Leman. Signing no                     
recommendation: Senators Taylor, Duncan.                                       
                                                                               
The bill is on todays calendar.                                                
                                                                               
                                                                               

1998-05-27                     Senate Journal                      Page 4216
SJR 101                                                                      
The Rules Committee considered SENATE JOINT RESOLUTION                         
NO. 101 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. Signing to calendar: Senator Kelly, Chair.              
Signing under other recommendations:  Senator Torgerson. Signing               
no recommendation: Senators Duncan, Taylor. Signing amend:                     
Senator Leman.                                                                 
                                                                               
The resolution is on todays calendar.                                          
                                                                               
                                                                               
                        Consideration of the Calendar                        
                                                                               
                        Second Reading of Senate Bills                       
                                                                               
SB 1002                                                                      
SENATE BILL NO. 1002 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 second time.            
                                                                               
Senator Taylor moved and asked unanimous consent for the adoption              
of the Resources Committee Substitute offered on page 4214.                    
Without objection, CS FOR SENATE BILL NO. 1002(RES) An Act                     
providing for the repeal of the termination date of the current law            
regarding subsistence use of fish and game; repealing the effective            
date of secs. 3 and 5, ch. 1, SSSLA 1992; and providing for an                 
effective date was adopted and read the second time.                           
                                                                               
Senator Taylor moved and asked unanimous consent that the bill be              
considered engrossed, advanced to third reading and placed on final            
passage. Without objection, it was so ordered.                                 
                                                                               
CS FOR SENATE BILL NO. 1002(RES) was read the third time.                      
                                                                               
                                                                               

1998-05-27                     Senate Journal                      Page 4217
SB 1002                                                                      
The question being: Shall CS FOR SENATE BILL NO. 1002(RES)                     
An Act providing for the repeal of the termination date of the                 
current law regarding subsistence use of fish and game; repealing the          
effective date of secs. 3 and 5, ch. 1, SSSLA 1992; and providing              
for an effective date pass the Senate? The roll was taken with the             
following result:                                                              
                                                                               
CSSB 1002(RES)                                                                 
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Kelly, Leman, Mackie, Miller,                   
Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken              
                                                                               
Nays:  Adams, Duncan, Ellis, Hoffman, Lincoln                                  
                                                                               
and so, CS FOR SENATE BILL NO. 1002(RES) passed the Senate.                    
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clause. Without objection, it was so ordered.                                  
                                                                               
Senator Adams gave notice of reconsideration.                                  
                                                                               
Senator Taylor moved and asked unanimous consent that the                      
reconsideration be taken up at this time. Without objection, it was so         
ordered and the bill was before the Senate on reconsideration.                 
                                                                               
Senator Taylor moved and asked unanimous consent that the                      
reconsideration on CS FOR SENATE BILL NO. 1002(RES) be                         
placed at the bottom of todays calendar. Without objection, it was             
so ordered.                                                                    
                                                                               
                                                                               

1998-05-27                     Senate Journal                      Page 4218
                     Second Reading of Senate Resolutions                    
                                                                               
SJR 101                                                                      
SENATE JOINT RESOLUTION NO. 101 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, was read the                
second time.                                                                   
                                                                               
Senator Taylor moved and asked unanimous consent that the                      
resolution be considered engrossed, advanced to third reading and              
placed on final passage. Without objection, it was so ordered.                 
                                                                               
SENATE JOINT RESOLUTION NO. 101 was read the third time.                       
                                                                               
The question being: Shall SENATE JOINT RESOLUTION NO. 101                      
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, pass the Senate? The roll was taken with the                   
following result:                                                              
                                                                               
SJR 101                                                                        
Third Reading - Final Passage                                                  
                                                                               
YEAS:  11   NAYS:  8   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Kelly, Leman, Lincoln,                   
Mackie, Miller, Pearce, Torgerson                                              
                                                                               
Nays:  Donley, Green, Halford, Parnell, Phillips, Sharp, Taylor, Ward          
                                                                               
Excused:  Wilken                                                               
                                                                               
and so, SENATE JOINT RESOLUTION NO. 101 failed.                                
                                                                               
Senator Mackie gave notice of reconsideration.                                 
                                                                               
                                                                               

1998-05-27                     Senate Journal                      Page 4219
                                  Citations                                  
                                                                               
Honoring - Chugiak High School Science Olympiad Team                           
Senator(s) Phillips, Halford, Pearce, Wilken, Duncan, Taylor, Kelly,           
Donley, Leman, Lincoln                                                         
                                                                               
Honoring - Colonel Samuel C. Sam Johnson III                                   
Senator(s) Leman, Kelly, Pearce, Wilken, Duncan, Taylor, Donley,               
Lincoln                                                                        
Representative(s) Martin, Mulder                                               
                                                                               
In Memoriam - Tom Neville                                                      
Representative(s) Kelly                                                        
Senator(s) Pearce, Wilken, Miller, Duncan, Taylor, Kelly, Donley,              
Leman, Lincoln                                                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the citations            
be adopted. Without objection, the citations were adopted and                  
referred to the Secretary for transmittal.                                     
                                                                               
                       Reconsideration of Senate Bills                       
                                                                               
SB 1002                                                                      
CS FOR SENATE BILL NO. 1002(RES) which had been placed at                      
the bottom of the calendar (page 4217) was before the Senate on                
reconsideration.                                                               
                                                                               
The question to be reconsidered: Shall CS FOR SENATE BILL                      
NO. 1002(RES) An Act providing for the repeal of the termination               
date of the current law regarding subsistence use of fish and game;            
repealing the effective date of secs. 3 and 5, ch. 1, SSSLA 1992;              
and providing for an effective date pass the Senate? The roll was              
taken with the following result:                                               
                                                                               
                                                                               

1998-05-27                     Senate Journal                      Page 4220
SB 1002                                                                      
                                                                               
CSSB 1002(RES)                                                                 
Third Reading - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  14   NAYS:  5   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Kelly, Leman, Mackie, Miller,                   
Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward                      
                                                                               
Nays:  Adams, Duncan, Ellis, Hoffman, Lincoln                                  
                                                                               
Excused:  Wilken                                                               
                                                                               
and so, CS FOR SENATE BILL NO. 1002(RES) passed the Senate                     
on reconsideration.                                                            
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clause. Without objection, it was so ordered and the bill was referred         
to the Secretary for engrossment.                                              
                                                                               
                                                                               
                                Announcements                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 Engrossment                                 
                                                                               
SB 1002                                                                      
CS FOR SENATE BILL NO. 1002(RES) An Act providing for the                      
repeal of the termination date of the current law regarding                    
subsistence use of fish and game; repealing the effective date of              
secs. 3 and 5, ch. 1, SSSLA 1992; and providing for an effective               
date was engrossed, signed by the President and Secretary and                  
transmitted to the House for consideration.                                    
                                                                               
                                                                               

1998-05-27                     Senate Journal                      Page 4221
                                  Enrollment                                 
                                                                               
SB 17                                                                        
SENATE BILL NO. 17 am H An Act creating the crime of                           
criminal transmission of human immunodeficiency virus (HIV) 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 9:55 a.m., May 27, 1998.                                    
                                                                               
SB 36                                                                        
HOUSE CS FOR CS FOR SENATE BILL NO. 36(FIN) An Act                             
relating to public schools; relating to the definition of a school             
district, to the transportation of students, to employment of chief            
school administrators, to school district layoff plans, to the special         
education service agency, and to the child care grant program; 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 9:55              
a.m., May 27, 1998.                                                            
                                                                               
Memorandum from Division of Legal and Research Services,                       
Legislative Affairs Agency, dated May 15 was received, reporting the           
following manifest error in HOUSE CS FOR CS FOR SENATE                         
BILL NO. 36(FIN) that has been corrected in enrolling:                         
                                                                               
Page 12, line 18                                                               
	Delete be                                                                     
                                                                               
Page 13, line 17                                                               
	Delete (a)                                                                    
                                                                               
SB 281                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 281(CRA) An Act                            
relating to general grant land entitlements for the City and Borough           
of Yakutat; 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 9:55 a.m., May 27, 1998.                                           
                                                                               
                                                                               

1998-05-27                     Senate Journal                      Page 4222
SB 313                                                                       
HOUSE CS FOR SENATE BILL NO. 313(FIN) An Act relating to                       
sponsor certification of initiative petitions; relating to sponsor             
identification during petition circulation; relating to the voidability of     
an initiated law; placing limitations on the compensation that may be          
paid to sponsors of initiative petitions; prohibiting payments to              
persons who sign or refrain from signing initiative petitions; and             
repealing procedures for filing a supplementary initiative petition            
was 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 9:55 a.m., May 27, 1998.                             
                                                                               
SB 323                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 323(FIN) An Act                            
relating to sexual offenses, to those who commit sexual offenses, and          
to registration of sex offenders; amending Rule 6(r)(2), Alaska Rules          
of Criminal Procedure; 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 9:55 a.m., May 27, 1998.                                    
                                                                               
Memorandum from Division of Legal and Research Services,                       
Legislative Affairs Agency, dated May 11 was received, reporting the           
following manifest error in HOUSE CS FOR CS FOR SENATE                         
BILL NO. 323(FIN) that has been corrected in enrolling:                        
                                                                               
Page 5, line 22                                                                
	Delete if                                                                     
	Insert  and                                                                   
                                                                               
                                 Adjournment                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in adjournment until 10:00 a.m., May 28, 1998. Without                   
objection, the Senate adjourned at 1:55 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                              May 1998         

1998-05-27                     Senate Journal                      Page 4223
                                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                                                    
                                                                               
                                    RULES                                    
                               FAHRENKAMP RM 203                               
MAY 27                         WEDNESDAY 12:45 PM                              
	SB1002EXTEND CURRENT SUBSISTENCE LAW                                         
	SJR101CONST AM:SUBSIST. PREF.BASED ON RESIDENCE