Legislature(1993 - 1994)

1994-01-18 Senate Journal

Full Journal pdf

1994-01-18                     Senate Journal                      Page 2527
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    EIGHTEENTH LEGISLATURE - SECOND SESSION                    
                                                                               
                                                                               
Juneau, Alaska                      Tuesday           January 18, 1994         
                                                                               
                                    Ninth Day                                  
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Halford at 11:10 a.m.                                                          
                                                                               
The roll showed fifteen members present.  Senators Kelly, Kerttula,            
Leman, Sharp were absent.  Senator Salo was absent because of                  
weather.                                                                       
                                                                               
The prayer was offered by the Chaplain, the Reverend Dr. Palmer                
Gedde of the Resurrection Lutheran Church.  Senator Adams moved                
and asked unanimous consent that the prayer be spread.  Without                
objection, it was so ordered.                                                  
                                                                               
Gracious God and loving Father, You have in Your                              
mercy brought us to this day.  In the days that are                            
ahead, grant each of us strength for the tasks to                              
which You have called us.                                                      
                                                                               
I pray that by Your Holy Spirit You would give                                
each member of this body a manifestation of Your                               
wisdom as they make decisions important to our                                 
state and to all who dwell within its borders.                                 
                                                                               
Help them always to look past their own interests to                          
the well-being of those they are here to serve.  Give                          
to each of these people a sense of calling that                                
transcends the moment and seeks by openness,                                   
honesty and integrity to impart justice as they meet                           
the needs of people throughout this great state.                               
                                                                               
                                                                               
                                      2527                                     

1994-01-18                     Senate Journal                      Page 2528
Give each of them a desire to search for answers                              
and solutions that honor Your Name.  As Your                                   
children through Jesus Christ, we humbly but                                   
confidently ask for Your continued blessings                                   
throughout the coming days.  We pray this in the                               
strong and holy Name of Jesus Christ.   Amen.                                  
                                                                               
Senator Phillips led the Senate in the pledge of allegiance.                   
                                                                               
The presence of Senators Leman and Sharp was noted.                            
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journals             
for the fifth, sixth, seventh and eighth legislative days, Senate              
Journal Supplement No. 9 and House and Senate Joint Journal                    
Supplement No. 12 be approved as certified.  Without objection, it             
was so ordered.                                                                
                                                                               
The presence of Senator Kelly was noted.                                       
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
Letter of January 14 was read, stating in accordance with AS                   
39.05.080 and Article III Sections 25 and 26 of the Alaska                     
Constitution, I submit the following names for legislative                     
confirmation of appointment to the positions noted:                            
                                                                               
Attorney General, Department of Law                                          
	Bruce M. Botelho                                                              
                                                                               
The appointment was referred to the Judiciary Committee.                       
                                                                               
Commissioner, Department of Health and Social Services                       
	Margaret R. Lowe                                                              
                                                                               
The appointment was referred to the Health, Education and Social               
Services Committee.                                                            
                                                                               
                                                                               

1994-01-18                     Senate Journal                      Page 2529
Commissioner, Department of Natural Resources                                
	Harry A. Noah                                                                 
                                                                               
The appointment was referred to the Resources Committee.                       
                                                                               
The resumes for these appointments have been submitted to the                  
Offices of the Senate Secretary and the Chief Clerk.                           
                                                                               
The presence of Senator Kerttula was noted.                                    
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports were received and are on file in the Office of           
the Secretary of the Senate:                                                   
                                                                               
The Exxon Valdez Oil Spill Final Report                                        
from John A. Sandor, Commissioner, Department of Environmental                 
Conservation                                                                   
(Distributed to all Senators)                                                  
                                                                               
Alaska Energy Authority Certification of Capital Reserve Funds'                
Requirement as of November 30, 1993                                            
from Herbert C. Lang, Chairman                                                 
in accordance with AS 44.83.110(f)                                             
                                                                               
Department of Revenue, Treasury Division Annual Report FY 93                   
from Laraine L. Derr, Deputy Commissioner                                      
(Distributed to all Senators)                                                  
                                                                               
                                                                               
                  INTRODUCTION AND REFERENCE OF SENATE BILLS                 
                                                                               
SB 252                                                                       
SENATE BILL NO. 252 BY SENATOR MILLER, entitled:                               
                                                                               
"An Act prohibiting the possession of child                                   
pornography."                                                                  
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               

1994-01-18                     Senate Journal                      Page 2530
SB 253                                                                       
SENATE BILL NO. 253 BY SENATOR MILLER, entitled:                               
                                                                               
"An Act relating to reapplication for the 1993                                
permanent fund dividend when the United States                                 
Postal Service documents the loss of mail during the                           
1993 application period; and providing for an                                  
effective date."                                                               
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
SB 254                                                                       
SENATE BILL NO. 254 BY SENATOR PEARCE, entitled:                               
                                                                               
 "An Act relating to civil actions; amending Alaska                           
Rules of Civil Procedure 49, 68, and 82; and                                   
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Labor and Commerce and             
Finance Committees.                                                            
                                                                               
SB 255                                                                       
SENATE BILL NO. 255 BY THE SENATE COMMUNITY AND                                
REGIONAL AFFAIRS COMMITTEE BY REQUEST, entitled:                               
                                                                               
"An Act establishing a comprehensive policy                                   
relating to human resource development in the                                  
state."                                                                        
                                                                               
was read the first time and referred to the Community and Regional             
Affairs, Labor and Commerce, Health, Education and Social Services             
and State Affairs Committees.                                                  
                                                                               
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                        HOUSE BILLS IN SECOND READING                        
HB 109                                                                       
CS FOR HOUSE BILL NO. 109(JUD) am S "An Act relating to                        
blood tests for persons charged with sex offenses; and providing for           
an effective date" which had been held in second reading (page                 
2512) was before the Senate at this time.                                      

1994-01-18                     Senate Journal                      Page 2531
HB 109                                                                       
Senator Adams offered Amendment No. 3:                                         
                                                                               
	Page 1, lines 8-9 and line 11:                                                
                                                                               
		Delete "AS 11.41.410 - 11.41.440"                                            
		Insert  "AS 11.41.410 - 11.41.450"                                           
                                                                               
	Page 3, line 31, following "as"                                               
	Insert 	"(1)"                                                                 
                                                                               
	Page 4, line 3, following "victim"                                            
                                                                               
		Insert ";                                                                    
				 (2) is necessary to pursue civil                                          
		remedies against the test subject; or                                        
				 (3) otherwise permitted by the                                            
		court"                                                                       
                                                                               
Senator Adams moved for the adoption of Amendment No. 3.                       
Senator Kelly objected, then withdrew his objection.  There being no           
further objections, Amendment No. 3 was adopted.                               
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 109(JUD) am S be considered engrossed,                          
advanced to third reading and placed on final passage.  Without                
objection, it was so ordered.                                                  
                                                                               
CS FOR HOUSE BILL NO. 109(JUD) am S was read the third                         
time.                                                                          
                                                                               
The question being:  "Shall CS FOR HOUSE BILL NO. 109(JUD)                     
am S "An Act relating to blood tests for persons charged with sex              
offenses; and providing for an effective date" pass the Senate?"  The          
roll was taken with the following result:                                      
                                                                               
                                                                               

1994-01-18                     Senate Journal                      Page 2532
HB 109                                                                       
                                                                               
CSHB 109(JUD) am S                                                             
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly,             
Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger,            
Sharp, Taylor, Zharoff                                                         
                                                                               
Absent:  Salo                                                                  
                                                                               
and so, CS FOR HOUSE BILL NO. 109(JUD) am S 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 Little gave notice of reconsideration.                                 
                                                                               
                                                                               
                                  CITATIONS                                  
                                                                               
Honoring - Justin K. Van Dyke                                                  
by Senator(s) Little, Duncan, Pearce, Zharoff, Leman                           
Representative(s) G. Davis                                                     
                                                                               
Honoring - Frank R. Hayward                                                    
by Senator(s) Zharoff, Duncan, Pearce, Lincoln                                 
                                                                               
Honoring - Michael J. Burns and KeyCorp Alaska Employees for                   
"Neighbors Make the Difference"                                                
by Senator(s) Ellis, Halford, Duncan, Donley, Pearce, Leman, Little,           
Lincoln, Zharoff, Kelly, Rieger                                                
                                                                               
                                                                               

1994-01-18                     Senate Journal                      Page 2533
Honoring - Perry G. Corsetti, 1992-93 Salli May Teacher Award                  
by Representative(s) James                                                     
Senator(s) Miller, Duncan, Pearce, Little, Zharoff                             
                                                                               
Honoring - Dr. Martin Luther King, Jr. Day                                     
by Representative(s) B. Davis                                                  
Senator(s) Kelly, Duncan, Donley, Pearce, Ellis, Little, Lincoln,              
Zharoff, Kerttula, Jacko, Frank, Taylor                                        
                                                                               
Honoring - Hanshew Junior High School Cultural Unity Day, Dr.                  
Martin Luther King Birthday Celebration                                        
by Representative(s) Parnell, Bunde, Green                                     
Senator(s) Rieger, Duncan, Donley, Ellis, Little, Zharoff, Kerttula            
                                                                               
In Memoriam - Stephen "Steve" Chester Jacoby                                   
by Representative(s) Hudson, Ulmer                                             
Senator(s) Duncan, Halford, Zharoff, Taylor                                    
                                                                               
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.                                 
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Senator Little moved and asked unanimous consent that she be                   
excused from a call of the Senate from evening plane time, January             
21 to evening plane time, January 23.  Without objection, Senator              
Little was excused.                                                            
                                                                               
Senator Donley moved and asked unanimous consent that he be                    
excused from a call of the Senate from 6:00 p.m., January 21 to                
plane time, January 24.  Without objection, Senator Donley was                 
excused.                                                                       
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               

1994-01-18                     Senate Journal                      Page 2534
                                 ADJOURNMENT                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., January 19, 1994.  Without              
objection, the Senate adjourned at 11:43 a.m.                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                          January 1994         
                                                                               
                                                                               

1994-01-18                     Senate Journal                      Page 2535
                                ANNOUNCEMENTS                                
                                                                               
                             STANDING COMMITTEES                             
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                               BUTROVICH ROOM 205                              
JAN 18                              TUESDAY                    9:00 AM         
 	TELECONFERENCE                                                               
SB   2	PAY EQUITY BASED ON VALUE OF WORK                                       
                                                                               
JAN 20                              THURSDAY                   9:00 AM         
SB 203	MANDATORY MUNICIPAL POLICE SERVICES                                     
 	<TELECONFERENCE ON ABOVE BILL>                                               
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 518                              
JAN 18                              TUESDAY                    9:30 AM         
 	***NOTE TIME CHANGE***                                                       
 	DEPARTMENTAL BUDGET OVERVIEWS                                                
 	..NATURAL RESOURCES                                                          
 	..FISH AND GAME                                                              
 	..ENVIRONMENTAL CONSERVATION                                                 
                                                                               
JAN 19                             WEDNESDAY                   9:00 AM         
 	DEPARTMENTAL BUDGET OVERVIEWS                                                
 	..ADMINISTRATION                                                             
 	..REVENUE                                                                    
 	..COMMUNITY AND REGIONAL AFFAIRS                                             
                                                                               
JAN 20                              THURSDAY                   9:00 AM         
 	DEPARTMENTAL BUDGET OVERVIEWS                                                
 	..LABOR                                                                      
 	..COURTS                                                                     
SB 247	STATE LEASES & LEASE-PURCHASE FINANCING                                 
                                                                               
JAN 20                              THURSDAY                   1:00 PM         
 	***NOTE TIME AND LOCATION CHANGES***                                         
 	ACQUISITION OF ANCHORAGE TIMES BUILDING                                      
 	BY ALASKA COURT SYSTEM                                                       
 	JOINT MEETING WITH HOUSE FINANCE   CAPITOL 519                               
                                                                               
                                                                               

1994-01-18                     Senate Journal                      Page 2536
                              FINANCE CONTINUED                              
JAN 25                              TUESDAY                    9:00 AM         
 	DEPARTMENTAL BUDGET OVERVIEWS                                                
 	..PUBLIC SAFETY                                                              
 	..MILITARY AND VETERANS AFFAIRS                                              
 	..UNIVERSITY                                                                 
                                                                               
JAN 26                             WEDNESDAY                   9:00 AM         
 	DEPARTMENTAL BUDGET OVERVIEWS                                                
 	..CORRECTIONS                                                                
 	..COMMERCE AND ECONOMIC DEVELOPMENT                                          
 	..EDUCATION                                                                  
                                                                               
JAN 27                              THURSDAY                   9:00 AM         
 	DEPARTMENTAL BUDGET OVERVIEWS                                                
 	..HEALTH AND SOCIAL SERVICES                                                 
 	..TRANSPORTATION                                                             
 	..LAW                                                                        
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
JAN 19                             WEDNESDAY                   1:30 PM         
SB 221	ARREST OF MINORS FOR CONSUMING ALCOHOL                                  
 	<TELECONFERENCE ON ABOVE BILL>                                               
HB 122	CHILD CUSTODY PROCEDURES                                                
HB 214	DISCLOSURE OF MINOR'S RECORDS BY PARENT                                 
 	<TELECONFERENCE ON ABOVE BILL>                                               
HJR 36	REPEAL 100 HOUR RULE FOR AFDC PROGRAM                                   
                                                                               
JAN 21                               FRIDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 CAPITOL RM 120                                
JAN 19                             WEDNESDAY                   1:00 PM         
 	***NOTE TIME AND LOCATION CHANGES***                                         
 	CONFIRMATION OF REAPPOINTMENT OF SHIRLEY MCCOY                               
 	TO SELECT COMMITTEE ON LEGISLATIVE ETHICS                                    
 	JOINT WITH HOUSE JUDICIARY                                                   
                                                                               
                                                                               

1994-01-18                     Senate Journal                      Page 2537
                             JUDICIARY CONTINUED                             
JAN 21                               FRIDAY                    1:30 PM         
 	**NOTE MEETING RETURNED TO BELTZ ROOM**                                      
HB 101	NATIONAL ELECTRICAL CODE                                                
SJR 13	EXPORT OF ALASKA OIL                                                    
SB 168	NEWSPAPER OF GENERAL CIRCULATION DEFINED                                
 	<REMOVED FROM AGENDA>                                                        
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                              FAHRENKAMP ROOM 203                              
JAN 18                              TUESDAY                    1:30 PM         
SB 206	RESIDENTIAL REAL PROPERTY TRANSFERS                                     
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
JAN 19                             WEDNESDAY                   3:30 PM         
SB 215	OIL/HAZARDOUS SUBS. RELEASE RESPONSE FUND                               
                                                                               
JAN 21                               FRIDAY                    3:30 PM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                               BUTROVICH ROOM 205                              
JAN 19                             WEDNESDAY                   9:00 AM         
 	TELECONFERENCE                                                               
SB  33	GRANTS FOR LOCAL EMERGENCY PLANNING                                     
                                                                               
JAN 21                               FRIDAY                    9:00 AM         
SJR  2	RIGHTS OF VICTIMS OF CRIMES                                             
SJR 39	RIGHT TO KEEP AND BEAR ARMS                                             
 	<TELECONFERENCE ON ABOVE BILLS>                                              
SB  33	GRANTS FOR LOCAL EMERGENCY PLANNING                                     
                                                                               
JAN 24                               MONDAY                    9:00 AM         
 	NO MEETING SCHEDULED                                                         
                                                                               
JAN 26                             WEDNESDAY                   9:00 AM         
SB 170	DISPOSITION OF PERMANENT FUND INCOME                                    
SJR 38	RESTRUCTURE PERMANENT FUND                                              
 	<TELECONFERENCE ON ABOVE BILL>                                               
 	BILLS PREVIOUSLY HEARD                                                       

1994-01-18                     Senate Journal                      Page 2538
                           STATE AFFAIRS CONTINUED                           
                                                                               
JAN 28                               FRIDAY                    9:00 AM         
SB 170	DISPOSITION OF PERMANENT FUND INCOME                                    
SJR 38	RESTRUCTURE PERMANENT FUND                                              
 	<TELECONFERENCE ON ABOVE BILL>                                               
SB 244	PERMANENT FUND INVESTMENTS - LTD PARTNERS                               
SB 245	PERMANENT FUND INVESTMENTS IN REAL ESTATE                               
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
JAN 31                               MONDAY                    9:00 AM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                                 BELTZ ROOM 211                                
JAN 18                              TUESDAY                    3:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
JAN 20                              THURSDAY                   3:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
                            FINANCE SUBCOMMITTEES                            
                                                                               
                              NATURAL RESOURCES                              
                               SENATE FINANCE 518                              
JAN 25                              TUESDAY                    1:30 PM         
 	COMPONENTS TO BE COVERED:                                                    
 	..COMMISSIONER'S OVERVIEW                                                    
 	..COMMISSIONER'S OFFICE                                                      
 	..ADMINISTRATIVE SERVICES                                                    
 	..RECORDER'S OFFICE                                                          
                                                                               
                              SPECIAL COMMITTEES                             
                                                                               
                       SPECIAL COMMITTEE ON OIL AND GAS                      
                               BUTROVICH ROOM 205                              
JAN 18                              TUESDAY                    3:00 PM         
 	TELECONFERENCE                                                               
 	**COMMITTEE WORKSHOP**                                                       
SB 150	OIL & GAS EXPLORATION LICENSES/LEASES                                   
                                                                               
                                                                               

1994-01-18                     Senate Journal                      Page 2539
                               JOINT COMMITTEES                              
                                                                               
                         LEGISLATIVE BUDGET AND AUDIT                        
                               HOUSE FINANCE 519                               
JAN 19                             WEDNESDAY                   3:30 PM         
 	CONTINUATION OF 1/14 MEETING                                                 
                    ----------------------------------------                   
                                                                               
                      SELECT CMTE ON LEGISLATIVE ETHICS                      
                                 BELTZ ROOM 211                                
JAN 24                               MONDAY                    9:00 AM         
 	REPORT FROM THE CHAIR                                                        
 	COMMITTEE OF THE WHOLE:  EXECUTIVE SESSION                                   
 	COMMITTEE OF THE WHOLE:  OPEN SESSION                                        
 	SENATE SUBCOMMITTEE:  EXECUTIVE SESSION                                      
                                                                               
                               OTHER COMMITTEES                              
                                                                               
                               ANCHORAGE CAUCUS                              
                                FINANCE ROOM 518                               
JAN 20                              THURSDAY                   8:00 AM         
 	ANCHORAGE CAUCUS