Legislature(1993 - 1994)

1993-01-19 Senate Journal

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1993-01-19                     Senate Journal                      Page 0089
                                                                               
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                     EIGHTEENTH LEGISLATURE - FIRST SESSION                    
                                                                               
                                                                               
Juneau, Alaska                      Tuesday           January 19, 1993         
                                                                               
                                   Ninth Day                                   
                                                                               
Pursuant to adjournment, the Senate was called to order by President           
Halford at 11:24 a.m.                                                          
                                                                               
The roll showed eighteen members present.  Senators Donley and                 
Ellis were excused from a call of the Senate.                                  
                                                                               
The prayer was offered by the Chaplain, Pastor Johnny Jackson of               
the First Baptist Church of Juneau.  Senator Adams moved and                   
asked unanimous consent that the prayer be spread.  Without                    
objection, it was so ordered.                                                  
                                                                               
He who has a crooked mind finds no good, and he                               
who is perverted in his language falls into evil.                              
         Proverbs 17:20                                                        
Almighty God,                                                                 
                                                                               
This morning we thank You for the kindness of                                 
your Providence, which has watched over us                                     
through the long weekend, and granted us the                                   
privilege of returning to this place of service.                               
                                                                               
As we begin a new week of work, we are grateful                               
for the plainspokenness of Your Word.  Thank You,                              
Lord, for reminding us to be men and women of                                  
clear thought and upright speech.  It is not always                            
easy to do in this world, or in this building!  Let                            
our minds dwell upon, and our speech graciously                                
express, those things that are good, rather than evil;                         
noble, rather than profane; honorable, rather than                             
shameful.                                                                      
                                       89                                      

1993-01-19                     Senate Journal                      Page 0090
Grant unto us a stalwart ambition to be men and                               
women who win Your approval, both in our private                               
lives and our public service.                                                  
                                                                               
In the Name of Him by Whom we must judge                                      
every thought and word and deed, Jesus Christ the                              
Lord.  Amen.                                                                   
                                                                               
                                                                               
Senator Taylor led the Senate in the Pledge of Allegiance.                     
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journals             
for the fifth, sixth, seventh and eighth legislative days be approved          
as certified by the Secretary.  Without objection, it was so ordered.          
                                                                               
                                COMMUNICATIONS                               
                                                                               
Disclosure letters in accordance with AS 24.60 will be in Senate               
Supplement No. 1 today.                                                        
                                                                               
The following reports were received and are on file in the Office of           
the Secretary of the Senate:                                                   
                                                                               
Valdez Air Health Study Report                                                 
from Paul M. Richards, Manager, Government Relations, Alyeska                  
Pipeline                                                                       
                                                                               
University of Alaska Report to the Legislature for fiscal year                 
beginning 1991-1992                                                            
from Jerome Komisar, President                                                 
in accordance with AS 14.40.190                                                
                                                                               
Alaska Energy Authority 1992 Annual Report                                     
from Ronald Garzini, Executive Director                                        
                                                                               
Employee Incentive Awards Program Report for 1992                              
from R.H. King, Director, Division of Personnel/Office of Equal                
Employment Opportunity, Department of Administration                           
in accordance with AS 39.51.180                                                
Distributed to all Senators                                                    

1993-01-19                     Senate Journal                      Page 0091
                  INTRODUCTION AND REFERENCE OF SENATE BILLS                 
                                                                               
SB 49                                                                        
SENATE BILL NO. 49 by Senators Kelly, Donley, entitled:                        
                                                                              
"An Act relating to preelection reports; closing the                          
two-day reporting gap in those reports; setting the                            
date of February 15 for filing year-end campaign                               
finance reports; and requiring reporting of zero year-                         
end reports."                                                                  
                                                                               
was read the first time and referred to the State Affairs Committee,           
the Judiciary Committee and the Finance Committee.                             
SENATE BILL NO. 50 is the Governor's capital appropriation bill                
which was introduced on Friday.                                                
                                                                               
SB 51                                                                        
SENATE BILL NO. 51 by Senator Phillips, entitled:                              
                                                                               
"An Act providing for establishment of work camps                             
for juveniles adjudicated delinquent, and extending                            
to all cities and to nonprofit corporations authority                          
to maintain facilities for juveniles."                                         
                                                                               
was read the first time and referred to the Health, Education and              
Social Services Committee, the Judiciary Committee and the Finance             
Committee.                                                                     
                                                                               
                                  CITATIONS                                  
                                                                               
In Memoriam - Brigadier General Thomas C. Carroll                              
By Senators Halford, Leman, Taylor, Phillips, Pearce, Kerttula, Kelly,         
Donley, Duncan, Zharoff, Salo, Ellis, Little, Adams, Rieger, Sharp,            
Lincoln, Leman, Miller, Jacko                                                  
Representative Foster                                                          
                                                                               
In Memoriam - Colonel Thomas W. Clark                                          
By Senators Halford, Taylor, Phillips, Pearce, Kerttula, Kelly,                
Donley, Duncan, Zharoff, Salo, Adams, Rieger, Sharp, Lincoln,                  
Leman, Miller, Jacko, Little                                                   
Representative Foster                                                          

1993-01-19                     Senate Journal                      Page 0092
In Memoriam - Colonel Wilfried E. Wood                                         
By Senators Halford, Taylor, Phillips, Pearce, Kerttula, Kelly,                
Donley, Duncan, Zharoff, Salo, Adams, Rieger, Sharp, Lincoln,                  
Leman, Miller, Jacko, Little                                                   
Representative Foster                                                          
                                                                               
In Memoriam - Chief Warrant Officer John E. Pospisil                           
By Senators Phillips, Halford, Taylor, Pearce, Kerttula, Kelly,                
Donley, Duncan, Zharoff, Salo, Adams, Rieger, Sharp, Lincoln,                  
Leman, Miller, Jacko, Little                                                   
                                                                               
In Memoriam - Command Sergeant Major Llewellyn "Archie"                        
 Kahklen                                                                       
By Senators Rieger, Zharoff, Halford, Taylor, Pearce, Phillips,                
Kerttula, Kelly, Donley, Duncan, Salo, Adams, Sharp, Lincoln,                  
Leman, Miller, Jacko, Little                                                   
Representative Mulder                                                          
                                                                               
In Memoriam - Sergeant First Class Richard "Rick" Brink                        
By Senators Donley, Halford, Taylor, Pearce, Phillips, Kerttula,               
Kelly, Duncan, Zharoff, Salo, Adams, Rieger, Sharp, Lincoln, Leman,            
Miller, Jacko, Little                                                          
Representative Porter                                                          
                                                                               
In Memoriam - Sergeant Michael Joseph Schmidt                                  
By Senators Kelly, Halford, Taylor, Phillips, Pearce, Kerttula,                
Donley, Duncan, Zharoff, Salo, Adams, Rieger, Sharp, Lincoln,                  
Leman, Miller, Jacko, Little                                                   
                                                                               
President Halford asked the Senate to stand for a moment of silence            
to honor the memory of the members of the Alaska Army National                 
Guard who perished in the line of duty on November 12, 1992.                   
                                                                               
In Memoriam - Margaret Bixby                                                   
By Representatives Hudson, Ulmer                                               
Senators Duncan, Kerttula, Halford, Salo, Little, Zharoff, Pearce              
                                                                               
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.                                 
                                                                               
                                                                               

1993-01-19                     Senate Journal                      Page 0093
                             UNFINISHED BUSINESS                             
                                                                               
Senator Phillips moved and asked unanimous consent that he be                  
excused from a call of the Senate on the following dates:                      
                                                                               
February 5 from 3:30 p.m. through plane time,                                 
February 8                                                                     
                                                                               
 March 12 from 3:30 p.m. through plane time, March 15                          
                                                                               
 April 16 from 3:30 p.m. through plane time, April 19                          
                                                                               
Without objection, Senator Phillips was excused.                               
                                                                               
Senator Lincoln moved and asked unanimous consent that she be                  
excused from a call of the Senate from 6:00 p.m., January 22                   
through plane time, January 25.  Without objection, Senator Lincoln            
was excused.                                                                   
                                                                               
President Halford announced it was his intention to appoint Senator            
Kerttula and Senator Miller to the Senate Subcommittee of the Select           
Committee on Legislative Ethics.                                               
                                                                               
Senator Taylor announced a Majority Caucus.                                    
                                                                               
Senator Salo announced a Minority Caucus.                                      
                                                                               
                                    RECESS                                   
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
recess to a call of the Chair.  Without objection, the Senate recessed         
at 11:39 a.m.                                                                  
                                                                               
                                 AFTER RECESS                                
                                                                               
The Senate reconvened at 4:52 p.m.                                             
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
return to Communications.  Without objection, it was so ordered.               
                                                                               
                                                                               

1993-01-19                     Senate Journal                      Page 0094
                                COMMUNICATIONS                               
                                                                               
Letter dated January 15, 1993 from Daniel A. Moore, Jr., Chief                 
Justice of the Alaska Supreme Court, regarding the appointment of              
public members to serve on the Select Committee on Legislative                 
Ethics, was read stating:                                                      
                                                                               
Dear Madam Speaker Barnes and President Halford:                               
                                                                               
Pursuant to AS 24.60.130, I have selected the following five public            
members to serve on the Select Committee on Legislative Ethics:                
                                                                               
Ruth Apgar (R)   Margie MacNeille (D)                                          
P.O. Box 597    8101 White Drive                                               
Kotzebue, AK 99752   Anchorage, AK 99516                                       
                                                                               
Rodman Wilson, M.D. (D)  Jack P. Curry (R)                                     
6234 Tanaina Dr.   P.O. Box 210842                                             
Anchorage, AK 99502   Auke Bay, Ak 99821                                       
                                                                               
Niel Thomas (U)                                                                
14740 Mossberry Ln.                                                            
Anchorage, AK 99516                                                            
                                                                               
President Halford referred the letter to the Judiciary Committee.              
                                                                               
The Senate advanced to:                                                        
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
President Halford made the following appointment:                              
                                                                               
Subcommittee of the Select Committee on Legislative Ethics                   
Senator Pearce                                                                 
Senator Kerttula                                                               
                                                                               
Senator Taylor moved and asked unanimous consent for confirmation              
of the Subcommittee.  Senator Duncan objected.                                 
                                                                               
The question being:  "Shall the Subcommittee of the Select                     
Committee on Legislative Ethics be confirmed?"  The roll was taken             
with the following result:                                                     

1993-01-19                     Senate Journal                      Page 0095
Shall Senate Ethics Committee be confirmed?                                    
YEAS:  11   NAYS:  7   EXCUSED:  2   ABSENT:  0                               
                                                                              
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Duncan, Kerttula, Lincoln, Little, Salo, Zharoff                 
                                                                               
Excused:  Donley, Ellis                                                        
                                                                               
and so, the members were not confirmed.                                        
                                                                               
Senator Taylor gave notice of reconsideration.                                 
                                                                               
Senator Taylor announced a Majority Caucus.                                    
                                                                               
Senator Salo announced a Minority Caucus.                                      
                                                                               
                                    RECESS                                   
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
recess to a call of the Chair.  Without objection, the Senate recessed         
at 5:23 p.m.                                                                   
                                                                               
                                 AFTER RECESS                                
                                                                               
The Senate reconvened at 5:36 p.m.                                             
                                                                               
Senator Taylor moved and asked unanimous consent to return to                  
Unfinished Business.  Without objection, it was so ordered.                    
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
President Halford stated he was going to appoint the following                 
members to an Ad Hoc Committee to consider any complaints which                
may come in between right now and when the Ethics Committee is                 
operating under statute:                                                       
                                                                               
                                                                               

1993-01-19                     Senate Journal                      Page 0096
Ad Hoc Committee                                                             
Senator Miller, Chair                                                          
Senator Kerttula                                                               
Senator Pearce                                                                 
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                          ENGROSSMENT AND ENROLLMENT                         
                                                                               
SR 1                                                                         
SENATE RESOLUTION NO. 1 Establishing a Senate Special                          
Committee on Oil and Gas, was engrossed and enrolled, signed by                
the President and Secretary, and the engrossed and enrolled copies             
transmitted to the Office of the Governor at 4:10 p.m., January 15,            
1993.                                                                          
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., January 20, 1993.  Without              
objection, the Senate adjourned at 5:37 p.m.                                   
                                                                               
                                                                               
Nancy Quinto                                                                   
Secretary of the Senate                                                        
                                                                               
January 1993                                                                   
                                                                               

1993-01-19                     Senate Journal                      Page 0097
                                ANNOUNCEMENTS                                
                                                                               
                             STANDING COMMITTEES                             
                                                                               
                          COMMUNITY & REGIONAL AFFAIRS                         
                               BUTROVICH ROOM 205                              
                                                                               
JAN 19                              TUESDAY                    8:30 AM         
  NO MEETING SCHEDULED                                                         
                                                                               
JAN 21                              THURSDAY                   8:30 AM         
  NO MEETING SCHEDULED                                                         
                                                                               
JAN 22                               FRIDAY                   10:20 AM         
  COMMITTEE MEMBERS WILL ATTEND SENATE                                         
 FINANCE CRA BUDGET OVERVIEW BY                                                
 COMMISSIONER BLATCHFORD                                                       
                    ----------------------------------------                   
                                                                               
                                    FINANCE                                    
                               SENATE FINANCE 518                              
                                                                             
JAN 19                              TUESDAY                    9:00 AM         
  DEPARTMENTAL BUDGET OVERVIEWS                                                
  *********PLEASE NOTE TIME CHANGES******                                      
  9:00 AM DOTPF, COMMISSIONER FRANK TURPIN                                     
  9:40 AM COMMERCE, COMMISSIONER PAUL FUHS                                     
  10:20 AM REVENUE, COMMISSIONER DARREL                                        
  REXWINKEL                                                                    
                                                                               
JAN 20                             WEDNESDAY                   9:00 AM         
  DEPARTMENTAL BUDGET OVERVIEWS                                                
  9:00 AM LABOR, COMMISSIONER CHARLES                                          
  MAHLEN                                                                       
  9:40 AM PUBLIC SAFETY, COMMISSIONER BURTON                                   
  10:20 AM ALASKA COURT SYSTEM, ARTHUR                                         
  SNOWDEN, II                                                                  
                                                                               
                                                                               

1993-01-19                     Senate Journal                      Page 0098
                               FINANCE CONTINUED                               
                                                                               
JAN 20                              WEDNESDAY                  2:00 PM         
  SENATE AND HOUSE FINANCE COMMITTEE                                           
 MEMBERS WILL DISCUSS HOUSING PROGRAMS                                         
 WITH AHFC                                                                     
                                                                               
JAN 21                              THURSDAY                   9:00 AM         
  DEPARTMENTAL BUDGET OVERVIEWS                                                
  9:00 AM EDUCATION, COMMISSIONER JERRY                                        
  COVEY                                                                        
   9:40 AM UNIVERSITY, PRESIDENT JEROME                                        
  KOMISAR                                                                      
  10:20 AM H&SS, COMMISSIONER TED MALA                                         
  11:00 AM DOA, COMMISSIONER NANCY USERA                                       
                                                                               
JAN 22                               FRIDAY                    9:40 AM         
  DEPARTMENTAL BUDGET OVERVIEWS                                                
  9:40 AM ADF&G, COMMISSIONER CARL ROSIER                                      
  10:20 AM CRA, COMMISSIONER EDGAR                                             
  BLATCHFORD                                                                   
                                                                               
JAN 25                               MONDAY                    9:00 AM         
  DEPARTMENTAL BUDGET OVERVIEWS                                                
  9:00 AM DNR, COMMISSIONER GLENN OLDS                                         
  9:40 AM DMVA, ADJUTANT GENERAL HUGH COX                                      
  10:20 AM LAW, ATTORNEY GENERAL CHARLIE                                       
  COLE                                                                         
                                                                               
JAN 26                              TUESDAY                    9:00 AM         
  DEPARTMENTAL BUDGET OVERVIEWS                                                
 9:00 AM DEC, COMMISSIONER JOHN SANDOR                                         
 9:40 AM CORRECTIONS, COMMISSIONER LLOYD                                       
  RUPP                                                                         
                                                                               
JAN 29                               FRIDAY                    9:00 AM         
  PRESENTATION BY ALASKA SENTENCING                                            
 COMMISSION                                                                    
  JOINT WITH HOUSE FINANCE                                                     
                    ----------------------------------------                   
                                                                               
                                                                               

1993-01-19                     Senate Journal                      Page 0099
                      HEALTH, EDUCATION & SOCIAL SERVICES                      
                               BUTROVICH ROOM 205                              
                                                                               
JAN 20                             WEDNESDAY                   1:30 PM         
  ORGANIZATIONAL MEETING                                                       
                                                                               
JAN 22                               FRIDAY                    1:30 PM         
  NO MEETING SCHEDULED                                                         
                                                                               
                                   JUDICIARY                                   
                                 BELTZ ROOM 211                                
                                                                               
JAN 20                             WEDNESDAY                   1:30 PM         
  DEPARTMENT OF LAW OVERVIEW                                                   
  --BRUCE BOTELHO, DEPUTY ATTORNEY GENERAL                                     
  ALASKA COURT SYSTEM OVERVIEW                                                 
  --ARTHUR SNOWDEN II                                                          
                                                                               
JAN 22                               FRIDAY                    1:30 PM         
  NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                LABOR & COMMERCE                               
                                 BELTZ ROOM 211                                
                                                                               
JAN 19                              TUESDAY                    1:30 PM         
SB  44 CIVIL LIABILITY FOR SKIING ACCIDENTS                                    
                                                                               
JAN 26                              TUESDAY                    1:30 PM         
  **********NOTE DATE CHANGE**********                                         
SB  47 REGISTRATION/EQUIPMENT OF CUSTOM CARS                                   
  <BILL POSTPONED>                                                             
                    ----------------------------------------                   
                                                                               
                                   RESOURCES                                   
                               BUTROVICH ROOM 205                              
                                                                               
JAN 20                             WEDNESDAY                   3:30 PM         
SB  30 EXTEND ALASKA MINERALS COMMISSION                                       
SB  43 GRANTS TO TRANSPLANT ELK                                                
                                                                               
                                                                               

1993-01-19                     Senate Journal                      Page 0100
                              RESOURCES CONTINUED                              
                                                                               
JAN 22                               FRIDAY                    1:30 PM         
  *********PLEASE NOTE TIME CHANGE**********                                   
EO 83   MERGE STATE GEOGRAPHIC BOARD AND STATE                                 
  HISTORIC SITES ADVISORY COMMITTEE INTO                                       
        ALASKA HISTORICAL COMMISSION IN DNR                                    
                                                                               
EO 86   TRANSFER FUNCTIONS AND DUTIES OF FRED                                  
  DIVISION TO DEPARTMENT OF FISH AND GAME                                      
                    ----------------------------------------                   
                                                                               
                                 STATE AFFAIRS                                 
                               BUTROVICH ROOM 205                              
                                                                               
JAN 20                             WEDNESDAY                   9:00 AM         
SJR  3 LIMITING TERMS OF LEGISLATORS                                           
                                                                               
JAN 22                               FRIDAY                    9:00 AM         
SJR  4 90 DAY SESSION LIMIT                                                    
SJR  5 COMMITTEE ACTION ON BILLS; CAUCUSES                                     
                                                                               
JAN 25                               MONDAY                    9:00 AM         
SJR  6 USE OF INITIATIVE TO AMEND CONSTITUTION                                 
                    ----------------------------------------                   
                                                                               
                                 TRANSPORTATION                                
                                 BELTZ ROOM 211                                
                                                                               
JAN 19                              TUESDAY                    3:30 PM         
  ORIENTATION AND PROCEDURAL MEETING                                           
                                                                               
JAN 21                              THURSDAY                   3:30 PM         
  NO MEETING SCHEDULED                                                         
                                                                               
                               OTHER COMMITTEES                              
                                                                               
                                MAJORITY CAUCUS                                
                               BUTROVICH ROOM 205                              
                                                                               
JAN 19                              TUESDAY                   11:40 AM         
  MAJORITY CAUCUS                                                              

1993-01-19                     Senate Journal                      Page 0101
JAN 19                                                                         
 MAJORITY CAUCUS                                               5:20 PM         
                                                                               
                                MINORITY CAUCUS                                
                                 BELTZ ROOM 211                                
                                                                               
JAN 19                              TUESDAY                   11:40 AM         
  MINORITY CAUCUS                                                              
                                                                               
JAN 19                                                                         
 MINORITY CAUCUS                                               5:20 PM