Legislature(1997 - 1998)

1998-06-01 Senate Journal

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1998-06-01                     Senate Journal                      Page 4255
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                             TWENTIETH LEGISLATURE                             
                                                                               
                             FIRST SPECIAL SESSION                             
                                                                               
Juneau, Alaska                                                                 
                                                                               
                                  Seventh Day                                  
                                                                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Miller at 12:15 p.m.                                                           
                                                                               
The roll showed eighteen members present. Senators Adams, Mackie               
were absent.                                                                   
                                                                               
The prayer was offered by the Chaplain, Senator Taylor. Senator                
Hoffman moved and asked unanimous consent that the prayer be                   
spread. Without objection, it was so ordered.                                  
                                                                               
Lord, grant us the serenity to accept those things                            
that we cannot change, the courage to change those                             
things that we can and the wisdom to know the                                  
difference.                                     Amen.                          
                                                                               
Senator Phillips led the Senate in the Pledge of Allegiance.                   
                                                                               
                                                                               
                                Certification                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journals             
for the fourth, fifth, and sixth legislative days be approved as               
certified by the Secretary. Without objection, it was so ordered.              
                                                                               
                                                                               
                                      4255                                     

1998-06-01                     Senate Journal                      Page 4256
                          Messages from the Governor                         
                                                                               
SB 269                                                                       
Message dated May 28 was received, stating the Governor signed the             
following bill and transmitted the engrossed and enrolled copies to            
the Lieutenant Governors Office for permanent filing:                          
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO.                                           
269(RLS) An Act relating to the state plumbing                                 
code; and providing for an effective date.                                     
                                                                              
			Chapter 49, SLA 1998                                                        
			Effective Date: See Chapter                                                 
SB 122                                                                       
Message dated May 28 was received, stating the Governor signed the             
following bill and transmitted the engrossed and enrolled copies to            
the Lieutenant Governors Office for permanent filing:                          
                                                                               
HOUSE CS FOR SENATE BILL NO. 122(RLS)                                         
An Act relating to unfair discrimination under a                               
group health insurance policy for services provided                            
by marital and family therapists; and providing for                            
an effective date.                                                             
                                                                              
			Chapter 50, SLA 1998                                                        
			Effective Date: 1/01/99                                                     
                                                                               
SB 221                                                                       
Message dated May 28 was received, stating the Governor signed the             
following bill and transmitted the engrossed and enrolled copies to            
the Lieutenant Governors Office for permanent filing:                          
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO.                                           
221(FIN) An Act relating to negatively amortizing                              
loans secured by owner-occupied real property                                  
originated under a program approved or sponsored                               
by the state or federal government, including                                  
congressionally chartered national corporations.                               
                                                                              

1998-06-01                     Senate Journal                      Page 4257
SB 221                                                                       
			Chapter 51, SLA 1998                                                        
			Effective Date: 8/26/98                                                     
                                                                               
HB 257                                                                       
Message dated May 30 was received, stating:                                    
                                                                               
Under the authority vested in me by art. II, sec. 15 of the Alaska             
Constitution, I have vetoed the following bill:                                
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
257(FIN) An Act relating to elections, to election                             
officials and election workers, to voter registration,                         
and to candidates for election; and providing for an                           
effective date.                                                                
                                                                               
Although much of this bill contains election items which this                  
Administration introduced, it also contains a provision that represents        
the worst form of special legislation.  This provision applies to a            
single member of the Legislature.  It retroactively reverses an                
admitted violation of financial disclosure law and the Legislature's           
code of ethics. This remedy would not be available to an ordinary              
citizen who may miss a statutory deadline.                                     
                                                                               
The penalty for this violation is not allowing a candidate to appear           
on the ballot.  While it may seem a harsh penalty, it is the law.  No          
citizen is above the law.  I will not be a party to this abuse of the          
legislative process.                                                           
                                                                               
						Sincerely,                                                               
						/s/                                                                      
						Tony Knowles                                                             
						Governor                                                                 
                                                                               
                                                                               
                           Messages from the House                           
                                                                               
SB 1002                                                                      
Message dated May 30 was read, stating the House passed and                    
returned:                                                                      

1998-06-01                     Senate Journal                      Page 4258
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.                                                                          
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
Message dated June 1 was read, stating:                                        
                                                                               
The House of Representatives respectfully invites the Senate to a              
Joint Session on June 1 for the purpose of considering the                     
Governors veto.                                                                
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
accept the House invitation to meet in Joint Session. Without                  
objection, it was so ordered.                                                  
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
                                                                               
                        Consideration of the Calendar                        
                                                                               
                                  Citations                                  
                                                                               
Senator Taylor moved and asked unanimous consent that the notice               
and publication requirements be waived, and the outstanding citations          
be made a special order of business and be placed on todays                    
Citation Calendar. Without objection, it was so ordered.                       
                                                                               
Honoring - David James Deterra                                                 
Senator(s) Phillips, Halford, Donley, Wilken, Pearce, Duncan,                  
Lincoln, Hoffman, Taylor, Kelly, Leman                                         
                                                                               
                                                                               

1998-06-01                     Senate Journal                      Page 4259
Honoring - Betty and Abner Nelson                                              
Representative(s) Austerman                                                    
Senator(s) Wilken, Pearce, Duncan, Lincoln, Hoffman, Taylor, Kelly,            
Leman                                                                          
                                                                               
Honoring - Representative Eugene Gene Kubina                                   
Senator(s) Lincoln, Wilken, Pearce, Ellis, Adams, Duncan, Hoffman,             
Taylor, Kelly, Leman                                                           
                                                                               
Honoring - Louie Streamer                                                      
Representative(s) Kubina                                                       
Senator(s) Lincoln, Wilken, Pearce, Duncan, Hoffman, Taylor, Kelly,            
Leman                                                                          
                                                                               
Honoring - Chet Atkins                                                         
Representative(s) Cowdery                                                      
Senator(s) Wilken, Pearce, Duncan, Lincoln, Hoffman, Taylor, Kelly,            
Leman, Parnell                                                                 
                                                                               
Honoring - Dorothy Wallace, GED Hall of Fame Award                             
Senator(s) Duncan, Wilken, Adams, Lincoln, Hoffman, Taylor, Kelly,             
Leman, Parnell                                                                 
Representative(s)  Elton, Hudson                                               
                                                                               
In Memoriam - Mildred Igluguq Sampson                                          
Representative(s) Joule                                                        
Senator(s) Adams, Wilken, Pearce, Duncan, Lincoln, Hoffman,                    
Taylor, Kelly, Leman, Parnell                                                  
                                                                               
Honoring - Service High School Girls Soccer Team, State                        
Champions                                                                      
Representative(s) Green                                                        
Senator(s) Parnell, Duncan, Kelly, Taylor, Wilken, Pearce, Leman,              
Lincoln, Donley                                                                
                                                                               
Honoring - Service High School Boys Soccer Team, State                         
Champions                                                                      
Representative(s) Green                                                        
Senator(s) Parnell, Duncan, Kelly, Taylor, Wilken, Pearce, Leman,              
Lincoln, Donley                                                                

1998-06-01                     Senate Journal                      Page 4260
Commemorating - The Centennial of the Philippines                              
Representative(s) Austerman                                                    
Senator(s) Mackie, Parnell, Duncan, Kelly, Taylor, Pearce, Wilken,             
Lincoln, Leman, Ellis                                                          
                                                                               
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.                                     
                                                                               
                                    Recess                                   
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in recess to the Joint Session. Without objection, the Senate            
recessed at 12:20 p.m.                                                         
                                After Recess                                 
                                                                               
                          Joint Session in the House                         
                                                                               
Speaker Phillips called the House to order and in accordance with              
Uniform Rule 51 turned the gavel over to President Miller at                   
12:41p.m.                                                                      
                                                                               
The purpose of the Joint Session was to consider the Governors veto            
of SENATE CS FOR CS FOR HOUSE BILL NO. 257(FIN) An                             
Act relating to elections, to election officials and election workers,         
to voter registration, and to candidates for election; and providing for       
an effective date.                                                             
                                                                               
The roll of the Senate was called and showed twenty members                    
present.                                                                       
                                                                               
The roll of the House was taken and showed forty members present.              
                                                                               
HB 257                                                                       
Senator Taylor moved that SENATE CS FOR CS FOR HOUSE                           
BILL NO. 257(FIN) become law notwithstanding the Governors                     
veto.                                                                          
                                                                               
                                                                               

1998-06-01                     Senate Journal                      Page 4261
HB 257                                                                       
Senator Green moved and asked unanimous consent that she be                    
allowed to abstain from voting because of a conflict of interest.              
Objections were heard and Senator Green was required to vote.                  
                                                                               
The question being Shall SENATE CS FOR CS FOR HOUSE BILL                       
NO. 257(FIN) An Act relating to elections, to election officials and           
election workers, to voter registration, and to candidates for election;       
and providing for an effective date become law notwithstanding the             
Governors veto? The roll of the House was taken with the                       
following result:                                                              
                                                                               
HOUSE                                                                          
SCS CSHB 257(FIN)                                                              
Override Veto                                                                  
                                                                               
YEAS:  27   NAYS:  13   EXCUSED:  0   ABSENT:  0                               
                                                                               
Yeas:  Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green,                
Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring,             
Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan,                  
Sanders, Therriault, Vezey, Williams                                           
                                                                               
Nays:  Berkowitz, Brice, Bunde, Croft, Davies, Elton, Joule,                   
Kemplen, Kookesh, Kubina, Masek, Moses, Nicholia                               
                                                                               
The roll of the Senate was called with the following result:                   
                                                                               
SENATE                                                                         
SCS CSHB 257(FIN)                                                              
Override Veto                                                                  
                                                                               
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                                
                                                                               
Yeas:  Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken,               
Donley, Green, Halford, Kelly, Leman, Mackie, Parnell, Miller                  
                                                                               
Nays: Adams, Duncan, Ellis, Hoffman, Lincoln                                   
                                                                               
TOTALS:  YEAS:  42    NAYS:  18    EXCUSED:  0                               
                                                                               
                                                                               

1998-06-01                     Senate Journal                      Page 4262
HB 257                                                                       
and so, the Governors veto of SENATE CS FOR CS FOR HOUSE                       
BILL NO. 257(FIN) was overridden and the engrossed and enrolled                
copies were returned to the Office of the Governor at 1:30 p.m.,               
June 1, 1998.                                                                  
                                                                               
Senator Taylor moved and asked unanimous consent that the Joint                
Session stand in adjournment.  Without objection, President Miller             
adjourned the Joint Session at 1:18 p.m.                                       
                                                                               
                                                                               
                                After Recess                                 
                                                                               
                                In the Senate                                
                                                                               
The Senate reconvened at 1:25 p.m.                                             
                                                                               
                                                                               
                                  Enrollment                                 
                                                                               
SCR 29                                                                       
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, 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               
10:30 a.m., June 1, 1998.                                                      
                                                                               
SCR 30                                                                       
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, 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               
10:30 a.m., June 1, 1998.                                                      
                                                                               
                                                                               

1998-06-01                     Senate Journal                      Page 4263
SCR 31                                                                       
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, 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 10:30 a.m., June           
1, 1998.                                                                       
                                                                               
                                                                               
                                 Adjournment                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the First                
Special Session stand in adjournment sine die at 1:26 p.m. Without             
objection, it was so ordered.                                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                             June 1998