Legislature(1993 - 1994)
1993-05-04 Senate Journal
Full Journal pdf1993-05-04 Senate Journal Page 2053 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Tuesday May 4, 1993 One Hundred Fourteenth Day Pursuant to adjournment the Senate was called to order by President Halford at 10:21 a.m. The roll showed all members present. The prayer was offered by the Chaplain, Pastor Richard Green of the Glacier Valley Church of God. Senator Zharoff moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord, We praise You for every good and perfect gift that comes from You. We exalt You today and declare Your glory, honor, and power. Please forgive us for leaning on our own wisdom and understanding. Grant to us a holy fear of Yourself, that You would become to us wisdom, knowledge and strength. I ask that You place Your covering over the senators and their families today and that You would supply every need according to Your riches in glory by Christ Jesus; and I ask You to put a special blessing on Senator Duncan on his birthday. Amen. Senator Taylor led the Senate in the pledge of allegiance. 2053 1993-05-04 Senate Journal Page 2054 CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundred thirteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 181 HOUSE BILL NO. 181 am "An Act relating to the state's right to appeal in criminal cases; relating to sentence appeals; amending Rule 202 of the Alaska Rules of Appellate Procedure; and providing for an effective date" which had been held to the May 4 calendar (page 2048) was read the second time. Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 181 am be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 181 am was read the third time. The question being: "Shall HOUSE BILL NO. 181 am "An Act relating to the state's right to appeal in criminal cases; relating to sentence appeals; amending Rule 202 of the Alaska Rules of Appellate Procedure; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 181 AM Third Reading - Final Passage Effective Date - Court Rule YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 1993-05-04 Senate Journal Page 2055 HB 181 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, HOUSE BILL NO. 181 am 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 Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule change. Without objection, it was so ordered. Senator Taylor gave notice of reconsideration. Senator Taylor moved and asked unanimous consent that the following bills be placed at the bottom of today's calendar: SB 89 CS FOR SENATE BILL NO. 89(FIN) "An Act making appropriations for capital project matching grant programs; and providing for an effective date" (moved to bottom of the calendar) HB 102 SENATE CS FOR CS FOR HOUSE BILL NO. 102(L&C) "An Act relating to the Alaska Labor Relations Agency; and providing for an effective date" (moved to bottom of the calendar) Without objection, it was so ordered. 1993-05-04 Senate Journal Page 2056 THIRD READING OF HOUSE BILLS HB 116 CS FOR HOUSE BILL NO. 116(FIN)(title am) "An Act amending the manner of determining the royalty received by the state on gas production, and directing the commissioner of natural resources to accept, under certain circumstances, the contract price agreed to between a lessee of federal land and a gas or electric utility as the value of the federal government's royalty share from natural gas production on federal land from which the state is entitled under applicable federal law to receive a share of the royalty on gas production; and providing for an effective date" which had been held to the May 4 calendar (page 2049) was read the third time. Senator Pearce offered the following Letter of Intent: Letter of Intent for CSHB 116 (Fin)(title am) It is the intent of the Senate that, upon the effective date of this legislation, the departments of Natural Resources and Law immediately withdraw all pending appeals before the United States Department of Interior, Minerals Management Service, regarding the propriety of utilizing the contract price for valuing federal royalty gas from the Beluga River Unit that is sold to Chugach Electric Assn., Inc., that those departments take no action to encourage or induce the Minerals Management Service to disregard the contract price for the purpose of valuing those royalties; and that those departments take any such further action as may be necessary to ensure that the position of the State of Alaska with respect to federal royalty valuation of such gas, as articulated in CSHB 116(FIN)(title am), is known and communicated to the Minerals Management Service, notwithstanding that, as of the effective date of this legislation, the Department of Natural Resources may not have entered into an agreement with federal Beluga River lessees under AS 38.05.180(aa) or Section 4 of this legislation. 1993-05-04 Senate Journal Page 2057 HB 116 Senator Pearce moved for the adoption of the Letter of Intent. Senators Kerttula, Phillips, Donley moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest. Objections were heard. The question being: "Shall the Letter of Intent be adopted?" The roll was taken with the following result: CSHB 116(FIN)(TITLE AM) Letter of Intent YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Halford, Jacko, Kelly, Leman, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Adams, Duncan, Kerttula, Lincoln, Zharoff and so, the Senate Letter of Intent was adopted. Senators Donley, Pearce, Halford, Leman, Ellis, Kelly, Rieger, Taylor moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 116(FIN)(title am) "An Act amending the manner of determining the royalty received by the state on gas production, and directing the commissioner of natural resources to accept, under certain circumstances, the contract price agreed to between a lessee of federal land and a gas or electric utility as the value of the federal government's royalty share from natural gas production on federal land from which the state is entitled under applicable federal law to receive a share of the royalty on gas production; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1993-05-04 Senate Journal Page 2058 HB 116 CSHB 116(FIN)(TITLE AM) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Adams, Lincoln, Zharoff Duncan changed from "Nay" to "Yea". and so, CS FOR HOUSE BILL NO. 116(FIN)(title am) passed the Senate with a Senate Letter of Intent. 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. HB 151 Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 151(FIN) "An Act relating to payment by indigent persons for services of representation and court costs; providing for stays of enforcement of a judgment during the pendency of an appeal of a conviction; allowing petitions for remission, reduction, or deferral of judgment; permitting a court to remit or reduce a judgment or to change the method of payment; and providing for an effective date" be held to the bottom of today's calendar. Without objection, it was so ordered. HB 196 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 which had been held to the May 4 calendar (page 2049) was read the third time. 1993-05-04 Senate Journal Page 2059 HB 196 The question being: "Shall SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 "An Act relating to the state employment preference for veterans and prisoners of war" pass the Senate?" The roll was taken with the following result: SSHB 196 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 passed the Senate. Senators Sharp, Miller moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 was signed by the President and Secretary and returned to the House. HB 69 Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 69(FIN) am S "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)" be moved to the bottom of today's calendar. Without objection, it was so ordered. SENATE BILLS IN THIRD READING SB 153 CS FOR SENATE BILL NO. 153(RES) "An Act relating to the exchange of certain fish for seafood products, custom processing of certain fish, and use of certain fish for charitable purposes" which had been held to the May 4 calendar (page 2049) was before the Senate in third reading. 1993-05-04 Senate Journal Page 2060 SB 153 Senator Lincoln moved that CS FOR SENATE BILL NO. 153(RES) be returned to second reading for the purpose of specific amendments, those being Amendments No. 1-6. Senator Taylor objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. Senator Lincoln offered Amendment No. 1 : Page 3, line 27: Delete "and personal use" Page 4, lines 10, 16, 19, 27 and Page 5, line 3 and Page 6, lines 1, 9, 12: Delete "or personal use" Page 4, line 30: Delete following "commercial": "," Insert "or" Delete following "sport": "or personal use" Senator Lincoln moved for the adoption of Amendment No. 1. Senator Taylor objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 153(RES) Second Reading Amendment No. 1 1993-05-04 Senate Journal Page 2061 SB 153 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Leman, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Kelly changed from "Yea" to "Nay". and so, Amendment No. 1 failed. Amendment No. 2 was not offered. Senator Salo offered Amendment No. 3 : Page 4, line 20: After "other than the" Insert "line caught" Page 5, line 17: After "exchange" Insert "The quality of the raw fish that is processed and subsequently offered in exchange for another raw fish caught in the sport fishery as defined in this section shall be determined by such factors as the freshness of the fish when it is processed, whether that fish was fresh or frozen when processed and the method used in catching that fish if the fish was caught in a commercial fishery." Senator Salo moved for the adoption of Amendment No. 3. Senator Taylor objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 1993-05-04 Senate Journal Page 2062 SB 153 CSSB 153(RES) Second Reading Amendment No. 3 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 3 failed. Senator Zharoff offered Amendment No. 4 : Page 4, line 16: Delete "may" Insert "shall" Page 5, line 8: After "from" Insert "commercially caught" Senator Zharoff moved for the adoption of Amendment No. 4. Senator Taylor objected. 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 11:20 a.m. AFTER RECESS The Senate reconvened at 11:56 a.m. 1993-05-04 Senate Journal Page 2063 SB 153 Senator Zharoff moved and asked unanimous consent that Amendment No. 4 be withdrawn. Without objection, it was so ordered. Senators Zharoff, Taylor offered Amendment No. 4 A. Page 5, line 8: After "from" Insert "commercially and personal use caught" Senator Zharoff moved for the adoption of Amendment No. 4A. Senator Taylor objected, then withdrew his objection. There being no further objections, Amendment No. 4A was adopted. Senator Zharoff offered Amendment No. 5 : Page 3, line 27: Delete "customary" Insert "custom" Senator Zharoff moved for the adoption of Amendment No. 5. Without objection, Amendment No. 5 was adopted. Senator Lincoln offered Amendment No. 6 : Page 4, line 10: After "the" Delete "amount" Insert "quantity and value" Page 5, line 11: Delete "amount" Insert "quantity and value" Senator Lincoln moved for the adoption of Amendment No. 6. Senator Taylor objected. 1993-05-04 Senate Journal Page 2064 SB 153 The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSSB 153(RES) AM Second Reading Amendment No. 6 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 6 failed. CS FOR SENATE BILL NO. 153(RES) am was automatically in third reading. The question being: "Shall CS FOR SENATE BILL NO. 153(RES) am "An Act relating to the exchange of certain fish for seafood products, custom processing of certain fish, and use of certain fish for charitable purposes" pass the Senate?" The roll was taken with the following result: CSSB 153(RES) AM Third Reading - Final Passage YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Ellis, Leman, Lincoln and so, CS FOR SENATE BILL NO. 153(RES) am passed the Senate with a Senate Letter of Intent. 1993-05-04 Senate Journal Page 2065 SB 153 Senator Duncan gave notice of reconsideration. UNFINISHED BUSINESS HB 126 Senator Taylor requested that the reconsideration on SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 126 be taken up at this time. HOUSE BILLS IN THIRD READING HB 126 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 126 "An Act establishing the current prevailing rate of wages issued at least 10 days before the final submission of bids as the prevailing wage rate for public construction projects and requiring periodic adjustment of the wage rate" was before the Senate in third reading on reconsideration. Senator Taylor moved and asked unanimous consent that SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 126 be placed on the Senate Secretary's desk in the Pending File. Without objection, it was so ordered. CITATIONS Honoring - Virginia Seaton, Pavement and Grounds CES, and the Last Chancers 1993, 1993 Nenana Ice Classic Winners by Representative(s) James Senator(s) Miller, Pearce, Zharoff, Duncan Honoring - Harold S. Newcomb, Wasilla Business Person of the Year 1993 by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Leman, Pearce, Donley, Duncan, Rieger 1993-05-04 Senate Journal Page 2066 Honoring - Anita Geerdts by Representative(s) Hoffman Senator(s) Jacko, Adams, Lincoln, Leman, Pearce, Little, Donley, Zharoff, Duncan Honoring - Bethel Warriors, State Champions Wrestling Team and Coach Clay Barker, Coach of the Year by Representative(s) Hoffman Senator(s) Jacko, Adams, Lincoln, Leman, Pearce, Little, Donley, Zharoff, Duncan, Kerttula Honoring - Public Health Nursing by Representative(s) Toohey Senator(s) Leman, Pearce, Little, Adams, Donley, Ellis, Zharoff, Salo, Duncan, Lincoln, Rieger, Halford Honoring - Lathrop High School Wrestling Team, Regional VI Champions by Representative(s) Brice Senator(s) Miller, Leman, Pearce, Donley, Duncan Honoring - Maudry Sommer by Representative(s) Nicholia Senator(s) Lincoln, Donley, Zharoff, Duncan, Adams Honoring - Nikiski Womens Volleyball Team, 1993 State Champions by Representative(s) Navarre Senator(s) Salo, Leman, Pearce, Little, Donley, Zharoff, Duncan, Kerttula Honoring - Alaska Federation of Business and Professional Women by Representative(s) B. Davis Senator(s) Pearce, Little, Donley, Ellis, Zharoff, Duncan, Lincoln, Phillips, Kelly In Memoriam - Major John Lewis Anderson (Ret.) by Representative(s) B. Davis Senator(s) Pearce, Donley, Zharoff, Duncan, Lincoln, Halford, Kelly 1993-05-04 Senate Journal Page 2067 In Memoriam - Willard L. Williams by Representative(s) Williams Senator(s) Taylor, Donley, Zharoff, Duncan, Lincoln In Memoriam - Georgianna Waskey by Representative(s) Foster Senator(s) Adams, Lincoln, Donley, Zharoff, Duncan, Little, Kerttula In Memoriam - Bernice L. Mohamad by Representative(s) Sanders Senator(s) Pearce, Donley, Duncan, Halford In Memoriam - Mildred C. Cruz by Representative(s) Sanders Senator(s) Leman, Donley, Duncan, Pearce, Halford In Memoriam - Robert Brooks "The Chairman" by Representative(s) B. Davis Senator(s) Donley, Zharoff, Duncan, Lincoln, 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. Senator Taylor moved and asked unanimous consent that all bills which had been moved to the bottom of today's calendar (pages 2055, 2058, 2059) be moved to the bottom of the Daily Order of Business. Without objection, it was so ordered. UNFINISHED BUSINESS SB 124 Senator Kelly, Chair, moved and asked unanimous consent that the Labor and Commerce Committee referral be waived on SENATE BILL NO. 124 "An Act relating to the powers and finances of the Alaska Energy Authority; and providing for an effective date." Without objection, it was so ordered. 1993-05-04 Senate Journal Page 2068 SB 124 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on SENATE BILL NO. 124. Senator Donley objected. The question being: "Shall the Judiciary Committee referral be waived on SENATE BILL NO. 124?" The roll was taken with the following result: Waive SB 124 from Judiciary Committee? YEAS: 11 NAYS: 8 EXCUSED: 0 ABSENT: 1 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Little, Salo, Zharoff Absent: Lincoln and so, the referral was waived. SENATE BILL NO. 124 was referred to the Finance Committee. SJR 35 Senators Ellis, Little, Salo, Kelly moved and asked unanimous consent that they be shown as cosponsors on SENATE JOINT RESOLUTION NO. 35. Without objection, it was so ordered. 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 12:24 p.m. AFTER RECESS The Senate reconvened at 5:58 p.m. 1993-05-04 Senate Journal Page 2069 The following bills will be on the May 5 calendar: SB 89 CS FOR SENATE BILL NO. 89(FIN) "An Act making appropriations for capital project matching grant programs; and providing for an effective date" will appear on the May 5 calendar. HB 102 SENATE CS FOR CS FOR HOUSE BILL NO. 102(L&C) "An Act relating to the Alaska Labor Relations Agency; and providing for an effective date" will appear on the May 5 calendar. HB 151 CS FOR HOUSE BILL NO. 151(FIN) "An Act relating to payment by indigent persons for services of representation and court costs; providing for stays of enforcement of a judgment during the pendency of an appeal of a conviction; allowing petitions for remission, reduction, or deferral of judgment; permitting a court to remit or reduce a judgment or to change the method of payment; and providing for an effective date" will appear on the May 5 calendar. HB 69 CS FOR HOUSE BILL NO. 69(FIN) am S "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)" will appear on the May 5 calendar. ANNOUNCEMENTS Announcements are at the end of the journal. 1993-05-04 Senate Journal Page 2070 ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., May 5, 1993. Without objection, the Senate adjourned at 6:02 p.m. Nancy Quinto Secretary of the Senate May 1993 1993-05-04 Senate Journal Page 2071 ANNOUNCEMENTS STANDING COMMITTEES FINANCE SENATE FINANCE 518 MAY 04 TUESDAY 0:00 AM ...TO MEET AT CALL OF CHAIR... HB 264 FISHERY RESOURCE LANDING TAX HB 275 SALMON MARKETING AND ENHANCEMENT TAXES HJR 27 DESECRATION OF U.S. FLAG MAY 05 WEDNESDAY 0:00 AM ...TO MEET AT CALL OF CHAIR... SB 67 MENTAL HEALTH TRUST AMENDMENTS ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAY 04 TUESDAY 0:00 AM ...TO MEET AT CALL OF CHAIR... HB 119 AUTHORIZE USE OF DAY FINES IN MISD. CASES HB 137 PAROLE OF TERMINALLY ILL PRISONERS BILLS PREVIOUSLY HEARD OR HELD OVER HCR 7 ALCOHOL-RELATED BIRTH DEFECTS AWARENESS HCR 19 ENCOURAGE SALE OF STATE ROYALTY GAS HB 93 VILLAGE PUBLIC SAFETY OFFICERS PROGRAM HB 101 NATIONAL ELECTRICAL CODE HB 160 LIABILITY OF DESIGN/CONSTRUCTION PROS HB 170 EXTEND BOARD OF MARINE PILOTS HB 187 INTERCEPTION OF PRIVATE COMMUNICATIONS MAY 05 WEDNESDAY 0:00 AM ...TO MEET AT CALL OF CHAIR... HB 119 AUTHORIZE USE OF DAY FINES IN MISD. CASES HB 137 PAROLE OF TERMINALLY ILL PRISONERS HCR 7 ALCOHOL-RELATED BIRTH DEFECTS AWARENESS HCR 19 ENCOURAGE SALE OF STATE ROYALTY GAS HB 93 VILLAGE PUBLIC SAFETY OFFICERS PROGRAM HB 101 NATIONAL ELECTRICAL CODE HB 160 LIABILITY OF DESIGN/CONSTRUCTION PROS HB 170 EXTEND BOARD OF MARINE PILOTS HB 187 INTERCEPTION OF PRIVATE COMMUNICATIONS ---------------------------------------- 1993-05-04 Senate Journal Page 2072 RULES FAHRENKAMP ROOM 203 MAY 04 TUESDAY 0:00 AM HB 264 FISHERY RESOURCE LANDING TAX <PENDING REFERRAL> TO CALL OF THE CHAIR MAY 05 WEDNESDAY 0:00 AM ...TO MEET AT CALL OF CHAIR... HB 264 FISHERY RESOURCE LANDING TAX <PENDING REFERRAL> JOINT COMMITTEES LEGISLATIVE BUDGET AND AUDIT TO BE ANNOUNCED MAY 11 TUESDAY 0:00 AM END OF SESSION MEETING ..TO BE HELD THE DAY FOLLOWING FINAL ADJOURNMENT OF 1993 LEGISLATIVE SESSION