Legislature(1993 - 1994)

1994-01-24 Senate Journal

Full Journal pdf

1994-01-24                     Senate Journal                      Page 2577
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    EIGHTEENTH LEGISLATURE - SECOND SESSION                    
                                                                               
                                                                               
Juneau, Alaska                       Monday           January 24, 1994         
                                                                               
                                  Fifteenth Day                                
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Halford at 11:17 a.m.                                                          
                                                                               
The roll showed seventeen members present.  Senators Jacko,                    
Kerttula, Phillips were absent.                                                
                                                                               
The prayer was offered by the Chaplain, the Reverend Leon                      
Thompson of the Chapel by the Lake.  Senator Kerttula moved and                
asked unanimous consent that the prayer be spread.  Without                    
objection, it was so ordered.                                                  
                                                                               
Dear God,                                                                     
                                                                               
We come before you this morning calling upon                                  
Your presence before this body.  Give our senators                             
clear minds, energetic spirits, good imaginations, the                         
use of the intelligence You've created within them,                            
and an eagerness to represent to the best of their                             
abilities the people of this state.                                            
                                                                               
Forgive us when our egos get in the way, when self                            
interests overpower the good of the whole, and                                 
when our walk is not representative of our talk.                               
Give us, O God, the ability to admit when we are                               
wrong and the courage to bring correction to our                               
ways that move contrary to Your will.                                          
                                                                               
There is much to be done during this session and                              
hard decisions to be made.  Help us, O God, during                             
                                                                               
                                                                               
                                      2577                                     

1994-01-24                     Senate Journal                      Page 2578
these days to do our very best.  When this day is                             
complete, help each of us to look back upon it and                             
give thanks for having done the best that we could                             
do.                                                                            
                                                                               
May Your presence be with us in all that we do                                
and think this 24th day of January.                                            
                                                                               
All this we pray to the one who created and                                   
sustains us now and forevermore.            Amen.                              
                                                                               
The presence of Senator Kerttula was noted.                                    
                                                                               
Senator Little led the Senate in the pledge of allegiance.                     
                                                                               
The presence of Senators Jacko, Phillips was noted.                            
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journals             
for the eleventh, twelfth, thirteenth and fourteenth legislative days be       
approved as certified.  Without objection, it was so ordered.                  
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports were received and are on file in the Office of           
the Secretary of the Senate:                                                   
                                                                               
Legislative Budget & Audit Committee Annual Report 1993                        
from Randy S. Welker, Legislative Auditor                                      
in accordance with AS 24.20.311                                                
                                                                               
Transportation Needs and Priorities in Alaska Report, January 1994             
from B. A. Campbell, Commissioner, Department of Transportation                
and Public Facilities                                                          
in compliance with the federal highway act of 1991 (ISTEA) and                 
Chapter 79, SLA 1993                                                           
                                                                               
Letter report on the 1994 Construction Season Forecast                         
from B. A. Campbell, Commissioner, Department of Transportation                
and Public Facilities                                                          
in accordance with AS 19.10.150                                                

1994-01-24                     Senate Journal                      Page 2579
Letter report on wholesale canned salmon prices for the year ended             
September 30, 1993                                                             
from Darrel J. Rexwinkel, Commissioner, Department of Revenue                  
in accordance with AS 43.80.050                                                
                                                                               
Alaska Federal/State Preparedness Plan for Response to Oil and                 
Hazardous Substance Discharges/Releases (Unified Plan, Volume I)               
(draft copy)                                                                   
from John A. Sandor, Commissioner, Department of Environmental                 
Conservation                                                                   
in accordance with AS 46.04.200                                                
                                                                               
Nonpermanent and Emergency Employment 1993 Report                              
from Kevin Ritchie, Director, Division of Personnel/Office of Equal            
Employment Opportunity, Department of Administration                           
in accordance with AS 39.25.195(h)                                             
                                                                               
                          STANDING COMMITTEE REPORTS                         
                                                                               
SJR 39                                                                     
The State Affairs Committee considered SENATE JOINT                            
RESOLUTION NO. 39 Proposing an amendment to the Constitution                   
of the State of Alaska to guarantee, in addition to the right of the           
people to keep and bear arms as approved by the voters at the time             
of ratification of the state Constitution, that the individual right to        
keep and bear arms shall not be denied or infringed by the state or            
a political subdivision of the state.  Signing do pass:  Senator               
Leman, Chair, Senator Taylor.  Signing no recommendation: Senator              
Duncan.                                                                        
                                                                               
Fiscal note published today from Office of the Governor.                       
                                                                               
SENATE JOINT RESOLUTION NO. 39 was referred to the                             
Judiciary Committee.                                                           
                                                                               
SB 33                                                                        
The State Affairs Committee considered SENATE BILL NO. 33 "An                  
Act relating to grants for local emergency planning committees and             
emergency response organizations; and providing for an effective               
date" and recommended it be replaced with                                      
                                                                               

1994-01-24                     Senate Journal                      Page 2580
SB 33                                                                        
CS FOR SENATE BILL NO. 33(STA), entitled:                                     
"An Act relating to emergency planning and                                    
response; transferring the Hazardous Substance Spill                           
Technology Review Council to the Department of                                 
Environmental Conservation; transferring the Alaska                            
State Emergency Response Commission, including                                 
its duty to designate local emergency planning                                 
districts and appoint local emergency planning                                 
committees, to the Department of Military and                                  
Veterans' Affairs; and eliminating a requirement that                          
the state and regional oil discharge prevention and                            
contingency plans be revised annually."                                        
                                                                               
Signing do pass: Senator Leman, Chair, Senator Taylor.  Signing no             
recommendation: Senators Duncan, Ellis.                                        
                                                                               
Fiscal notes to the committee substitute published today from                  
Department of Environmental Conservation and Department of                     
Military and Veterans Affairs.                                                 
                                                                               
SENATE BILL NO. 33 was referred to the Finance Committee.                      
                                                                               
SB 135                                                                       
The Finance Committee considered SENATE BILL NO. 135 "An                       
Act making a special appropriation to the Department of                        
Transportation and Public Facilities to determine the cost of                  
acquiring real property within the right-of-way of the proposed                
extension of the Alaska Railroad from Eielson Air Force Base to the            
Alaska-Canada border; and providing for an effective date" and                 
recommended it be replaced with                                                
                                                                               
CS FOR SENATE BILL NO. 135(FIN)                                               
                                                                               
Signing do pass: Senator Frank, Cochair, Senators Rieger, Jacko,               
Sharp.  Signing no recommendation: Senator Pearce, Cochair.                    
                                                                               
SENATE BILL NO. 135 was referred to the Rules Committee.                       
                                                                               
                                                                               

1994-01-24                     Senate Journal                      Page 2581
SB 160                                                                       
The Finance Committee considered SENATE BILL NO. 160 "An                       
Act relating to memorial scholarship loans."  Signing do pass:                 
Senators Frank, Pearce, Cochairs, Senators Rieger, Jacko, Sharp.               
                                                                               
Updated zero fiscal notes published today from Department of Public c          
Safety and Department of Education.                                            
                                                                               
SENATE BILL NO. 160 was referred to the Rules Committee.                       
                                                                               
SB 202                                                                       
The Community and Regional Affairs Committee considered                        
SENATE BILL NO. 202 "An Act relating to the removal,                           
appropriation, and purchase of state water by municipalities; and              
providing for an effective date."  Signing do pass: Senator Phillips,          
Chair, Senator Taylor.  Signing no recommendation: Senators Leman,             
Adams.                                                                         
                                                                               
Fiscal note from Department of Natural Resources and zero fiscal               
notes from Department of Environmental Conservation and                        
Department of Revenue published today.                                         
                                                                               
SENATE BILL NO. 202 was referred to the Resources Committee.                   
                                                                               
SB 247                                                                       
Forthcoming Letter of Intent (page 2558) for CS FOR SENATE                     
BILL NO. 247(FIN) "An Act relating to state leases and to state                
lease-purchase and lease-financing agreements, and repealing a                 
legislative authorization previously given for acquisition of a facility       
through a lease-purchase agreement; and providing for an effective             
date":                                                                         
                                Letter of Intent                               
                                      for                                      
                               CSSB No. 247(FIN)                               
                                                                               
It is the intent of the legislature that future                               
legislation authorizing the lease-purchase or lease-                           
financing of real property should designate the                                
Department of Transportation and Public Facilities                             
as the appropriate agency to hold title to, and                                
operate and maintain state facilities.                                         
                                                                               

1994-01-24                     Senate Journal                      Page 2582
SB 247                                                                       
Zero fiscal note for the bill and the committee substitute published           
today from Legislative Affairs Agency.                                         
                                                                               
                  INTRODUCTION AND REFERENCE OF SENATE BILLS                 
                                                                               
SB 258                                                                       
SENATE BILL NO. 258 BY SENATOR JACKO, entitled:                                
                                                                               
"An Act eliminating the temporary character of                                
alternative procedures available to persons who must                           
show evidence of financial responsibility before                               
conducting noncrude oil operations; and providing                              
for an effective date."                                                        
                                                                               
was read the first time and referred to the Senate Special Committee           
on Oil and Gas and Finance Committee.                                          
                                                                               
SB 259                                                                       
SENATE BILL NO. 259 BY SENATOR ELLIS, entitled:                                
                                                                               
"An Act establishing the Alaska Public Health                                 
Commission."                                                                   
                                                                               
was read the first time and referred to the Health, Education and              
Social Services, Labor and Commerce and Finance Committees.                    
                                                                               
SB 260                                                                       
SENATE BILL NO. 260 BY SENATORS TAYLOR, Duncan,                                
Kerttula, entitled:                                                            
                                                                               
"An Act naming the James A. Johnson Airport."                                 
                                                                               
was read the first time and referred to the Transportation Committee.          
                                                                               
                                                                               

1994-01-24                     Senate Journal                      Page 2583
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                                  CITATIONS                                  
                                                                               
In Memoriam - Violet Opal "Peggy" Holdsworth                                   
by Representative(s) Hudson, Ulmer                                             
Senator(s) Duncan, Zharoff, Halford, Kelly, Kerttula, Leman, Taylor,           
Little, Phillips, Donley, Pearce, Sharp, Frank, Rieger                         
                                                                               
Honoring - Janel Taylor, Jill Fogleson and Jennifer Eckerson, Girl             
Scouts' Gold Award                                                             
by Representative(s) Hudson, Ulmer                                             
Senator(s) Duncan, Zharoff, Pearce, Leman                                      
                                                                               
Honoring - National School Nurse Day                                           
by Representative(s) Toohey                                                    
Senator(s) Zharoff, Halford, Donley, Duncan, Pearce, Rieger, Little,           
Leman, Kerttula, Salo                                                          
                                                                               
Honoring - Colonel Robert Edwin Karlen - Retirement                            
by Representative(s) Mulder                                                    
Senator(s) Phillips, Zharoff, Duncan, Pearce, Leman                            
                                                                               
Honoring - Anita Porter - Retirement                                           
by Representative(s) Mulder                                                    
Senator(s) Phillips, Zharoff, Halford, Duncan, Pearce, Leman                   
                                                                               
In Memoriam - Frank Richard Keever                                             
by Representative(s) MacLean                                                   
Senator(s) Adams, Zharoff, Duncan                                              
                                                                               
In Memoriam - Myrtle E. Anderson                                               
by Representative(s) Sitton                                                    
Senator(s) Sharp, Duncan, Pearce, Kerttula                                     
                                                                               
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.                                 
                                                                               
                                                                               

1994-01-24                     Senate Journal                      Page 2584
                             UNFINISHED BUSINESS                             
                                                                               
Senator Taylor moved and asked unanimous consent that he be                    
excused from a call of the Senate from 1:30 p.m., January 25                   
through plane time, February 6.  Without objection, Senator Taylor             
was excused.                                                                   
                                                                               
HJR 36                                                                       
Senators Taylor, Salo moved and asked unanimous consent that they              
be shown as cross sponsors on CS FOR HOUSE JOINT                               
RESOLUTION NO. 36(HES)  Urging the federal Department of                       
Health and Human Services to  repeal the "100-hour rule" relating              
to employment of certain persons receiving AFDC and to replace it              
with a regulation that will serve as an incentive for AFDC recipients          
to accept employment of more than 100 hours a month.  Without                  
objection, it was so ordered.                                                  
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., January 26, 1994.  Without              
objection, the Senate adjourned at 11:30 a.m.                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                          January 1994         
                                                                               

1994-01-24                     Senate Journal                      Page 2585
                                ANNOUNCEMENTS                                
                                                                               
                             STANDING COMMITTEES                             
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                               BUTROVICH ROOM 205                              
JAN 25                              TUESDAY                    9:00 AM         
SB 136	NATIVE LANGUAGE EDUCATION                                               
SB 203	MUNICIPAL POLICE SERVICES                                               
 	<TELECONFERENCE ON ABOVE BILL>                                               
SB 255	STATE POLICY ON HUMAN RESOURCE DEVELOPMT                                
                                                                               
JAN 27                              THURSDAY                   9:00 AM         
SB  39	RETIREMENT CREDITED SERVICE & BENEFITS                                  
SB   2	PAY EQUITY BASED ON VALUE OF WORK                                       
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 518                              
JAN 24                               MONDAY                    9:00 AM         
SB 135	APPRO: AK RAILROAD EXTENSION STUDY                                      
SB 160	MEMORIAL SCHOLARSHIP LOANS                                              
SB 243	FOUR DAM POOL TRANSFER FUND                                             
SB 246	REIMBURSABLE SERVICE AGREEMENTS                                         
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
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                                                                        
                                                                               
JAN 28                               FRIDAY                    9:00 AM         
 	DEPARTMENTAL BUDGET OVERVIEWS                                                
 	..COMMUNITY AND REGIONAL AFFAIRS                                             
 	..ANY POSTPONED OVERVIEWS (POSTED IN FINANCE RM)                             
 	BILLS PREVIOUSLY HEARD                                                       

1994-01-24                     Senate Journal                      Page 2586
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
JAN 24                               MONDAY                    1:30 PM         
SB 221	ARREST OF MINORS FOR CONSUMING ALCOHOL                                  
                                                                               
JAN 26                             WEDNESDAY                   1:30 PM         
SB 217	INCREASE LAND GRANT TO UNIV. OF ALASKA                                  
SB 229	APPROP: UAA 600 BED DORMITORY                                           
 	<TELECONFERENCE ON ABOVE BILL>                                               
                                                                               
JAN 28                               FRIDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 FAHRENKAMP 203                                
JAN 24                               MONDAY                    1:30 PM         
 	** LOCATION CHANGE **                                                        
HB 170	EXTEND BOARD OF MARINE PILOTS                                           
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
JAN 26                             WEDNESDAY                   1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
                                 CAPITOL RM 120                                
JAN 28                               FRIDAY                    1:15 PM         
 	**NOTE TIME AND LOCATION CHANGES**                                           
 	CONFIRMATION OF BRUCE BOTELHO                                                
 	AS ATTORNEY GENERAL                                                          
 	JOINT WITH HOUSE JUDICIARY                                                   
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                              FAHRENKAMP ROOM 203                              
JAN 25                              TUESDAY                    1:30 PM         
SB 184	VOLUNTEERS AND EMPLOYEES OF NONPROFITS                                  
SB  70	ASSISTIVE TECHNOLOGY LOAN GUARANTEES                                    
HB 180	AHFC HOUSING INSPECTION REQUIREMENTS                                    
HB 294	EXTEND THE BOARD OF PHARMACY                                            
                                                                               
JAN 27                              THURSDAY                   1:30 PM         
EO 89	VEHICLE PERMIT TRANSFER FROM DCED TO DOTPF                               
SB 212	STATE PROCUREMENTS AND PUBLICATIONS                                     
SB 254	CIVIL LIABILITY                                                         
                    ----------------------------------------                   
                                                                               
                                                                               

1994-01-24                     Senate Journal                      Page 2587
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
JAN 24                               MONDAY                    3:30 PM         
SB 238	COASTAL ZONE MANAGEMENT PROCEDURES                                      
SJR 40	URGE CONGRESS TO AMEND OIL POLLUTION LAW                                
HB  59	APPROP: VETS' LAND DISCOUNT REFUND                                      
                                                                               
                                 BELTZ ROOM 211                                
JAN 25                              TUESDAY                    2:00 PM         
 	**NOTE TIME AND LOCATION CHANGES**                                           
 	-- SUBCOMMITTEE MEETING                                                      
 	-- FOR PUBLIC TESTIMONY ONLY                                                 
 	TELECONFERENCE                                                               
SB 215	OIL/HAZARDOUS SUBS. RELEASE RESPONSE FUND                               
                                                                               
JAN 26                             WEDNESDAY                   3:30 PM         
 	-- SUBCOMMITTEE WORK SESSION                                                 
 	TELECONFERENCE (LISTEN ONLY)                                                 
SB 215	OIL/HAZARDOUS SUBS. RELEASE RESPONSE FUND                               
                                                                               
JAN 27                              THURSDAY                   3:30 PM         
 	-- SUBCOMMITTEE WORK SESSION                                                 
 	TELECONFERENCE (LISTEN ONLY)                                                 
SB 215	OIL/HAZARDOUS SUBS. RELEASE RESPONSE FUND                               
                                                                               
JAN 28                               FRIDAY                    3:30 PM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                              FAHRENKAMP ROOM 203                              
JAN 24                               MONDAY                    0:00 AM         
 	********CANCELLED***********                                                 
 	UPON ADJOURNMENT                                                             
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                               BUTROVICH ROOM 205                              
JAN 24                               MONDAY                    9:00 AM         
 	NO MEETING SCHEDULED                                                         
                                                                               
JAN 26                             WEDNESDAY                   9:00 AM         
SB 253	REAPPLICATION PERIOD FOR 1993 PF DIVIDEND                               
SB 170	DISPOSITION OF PERMANENT FUND INCOME                                    
SJR 38	RESTRUCTURE PERMANENT FUND                                              
 	<TELECONFERENCE ON ABOVE BILL>                                               
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
                                                                               

1994-01-24                     Senate Journal                      Page 2588
                           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 25                              TUESDAY                    3:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
JAN 27                              THURSDAY                   3:30 PM         
SB 256	INCREASE AVIATION FUEL TAX                                              
                                                                               
                            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 25                              TUESDAY                    3:00 PM         
 	**WORK SESSION**                                                             
SB 150	OIL & GAS EXPLORATION LICENSES/LEASES                                   
 	**COMMITTEE HEARING**                                                        
SB 239	NONCRUDE OIL OPERATIONS:FINANC'L RESPB'TY                               
                                                                               
                                                                               

1994-01-24                     Senate Journal                      Page 2589
                               JOINT COMMITTEES                              
                                                                               
                      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                              
                                                                               
                               MINORITY CAUCUS                               
                                BUTROVICH RM 205                               
JAN 24                               MONDAY                   11:30 AM         
 	MINORITY CAUCUS