Legislature(1993 - 1994)
1994-01-26 Senate Journal
Full Journal pdf1994-01-26 Senate Journal Page 2593 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Wednesday January 26, 1994 Seventeenth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:12 a.m. The roll showed seventeen members present. Senators Adams, Taylor were excused. Senator Frank was absent. The prayer was offered by the Chaplain, the Reverend Leon Thompson of the Chapel by the Lake. Senator Zharoff moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Creator God: We come before You this morning with gratitude in our hearts. We thank You for this day, a day that will present challenges and opportunities. Help us to face the challenges head on and the opportunities with renewed energy. This is a great land in which we live and each of us have been called to build upon what our mothers and fathers have built. You have called this body by the will of Your people to serve on their behalf. We thank You for their willingness to give of their time, energy, imagination and intelligence. Undergird them as they serve and guide them in the great responsibility to lead. We thank You for each person on this floor. We are mindful of the people of America and especially the people of the Los Angeles area. Help those families who have suffered 2593 1994-01-26 Senate Journal Page 2594 the deaths of loved ones and friends and those who are recovering from injury. As the rebuilding begins give them a renewed spirit and help to bring good out of destruction and tragedy. Empower us with strength beyond our own to do a good work and to be guided by Your will. We pray all this to You O God. Amen. Senator Lincoln led the Senate in the pledge of allegiance. CERTIFICATION Senator Rieger, Acting Majority Leader, moved and asked unanimous consent that the journals for the fifteenth and sixteenth legislative days be approved as certified. Without objection, it was so ordered. The presence of Senator Frank was noted. MESSAGES FROM THE HOUSE Message of January 24 was read, stating in accordance with AS 24.60.130(b)(3) the House has confirmed Shirley McCoy as a public member to the Select Committee on Legislative Ethics. Message of January 24 was read, stating the House respectfully requests the Senate to meet in Joint Session in the House Chamber on Monday, March 28, at 11:00 a.m. to receive Chief Justice Daniel Moore's State of the Judiciary Address. Senator Rieger, Acting Majority Leader, moved and asked unanimous consent that the Senate accept the House invitation. Senator Duncan objected, then withdrew his objection. There being no further objections, it was so ordered. The Secretary was requested to notify the House. 1994-01-26 Senate Journal Page 2595 COMMUNICATIONS The following reports were received and are on file in the Office of the Secretary of the Senate: Occupational Licensing Annual Performance Report for Boards and Commissions, Fiscal Year 1993 from Karl A. Luck, Director in accordance with AS 08.01.070(10) Alaska Energy Authority Annual Capital Project Status Reports from William R. Snell, Executive Director, Alaska Industrial Development and Export Authority in accordance with AS 44.83.950(b) Alaska Minerals Commission Report, January 1994 from Earl Beistline, Chair in accordance with AS 44.33.431 STANDING COMMITTEE REPORTS SJR 13 The Judiciary Committee considered SENATE JOINT RESOLUTION NO. 13 Requesting the Congress of the United States to pass legislation to permit the export of Alaska crude oil, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 13 (JUD) Opposing the ban on the export of Alaska North Slope crude oil, endorsing HR 543, legislation removing restraints on the export of Alaska North Slope oil, requesting the Congress of the United States to pass legislation to permit the export of Alaska North Slope crude oil, and requesting the President of the United States to present to the United States Congress a recommendation to lift the ban on the export of Alaska North Slope crude oil. Signing do pass: Senator Taylor, Chair, Senators Little, Donley. 1994-01-26 Senate Journal Page 2596 SJR 13 Zero fiscal note for the committee substitute published today from Department of Revenue. SENATE JOINT RESOLUTION NO. 13 was referred to the Rules Committee. SB 136 The Community and Regional Affairs Committee considered SENATE BILL NO. 136 "An Act relating to a curriculum for Native language education; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 136(CRA) Signing no recommendation: Senator Phillips, Chair, Senator Taylor. Signing do pass: Senator Adams. Signing do pass w/o fiscal note: Senator Leman. Signing do pass "Aaahuh ": Senator Zharoff. Fiscal note for the bill and fiscal note for the committee substitute published today from Department of Education. SENATE BILL NO. 136 was referred to the Health, Education and Social Services Committee. SB 184 The Labor and Commerce Committee considered SENATE BILL NO. 184 "An Act relating to civil liability of employees and volunteers of certain nonprofit corporations; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 184(L&C), entitled: "An Act relating to civil liability of certain nonprofit corporations and of volunteers of certain nonprofit corporations; and providing for an effective date." Signing do pass: Senator Kelly, Chair, Senator Sharp. Signing no recommendation: Senators Rieger, Salo, Lincoln. 1994-01-26 Senate Journal Page 2597 SB 184 Zero fiscal note for the bill and the committee substitute published today from Department of Commerce and Economic Development. SENATE BILL NO. 184 was referred to the Judiciary Committee. SB 221 The Health, Education and Social Services Committee considered SENATE BILL NO. 221 "An Act relating to arrest of a person for illegal possession, consumption, or control of alcohol; and providing for an effective date." Signing do pass: Senator Rieger, Chair, Senators Sharp, Miller, Leman. Signing no recommendation: Senators Ellis, Salo. Zero fiscal notes published today from Department of Law, Department of Public Safety, Department of Administration (2). SENATE BILL NO. 221 was referred to the Judiciary Committee. SB 253 The State Affairs Committee considered SENATE BILL NO. 253 "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." Signing do pass: Senator Leman, Chair, Senator Miller. Signing no recommendation: Senators Ellis, Duncan. Zero fiscal note published today from Department of Revenue. SENATE BILL NO. 253 was referred to the Finance Committee. HB 101 The Judiciary Committee considered HOUSE BILL NO. 101 "An Act relating to the adoption of the National Electrical Code and the National Electrical Safety Code" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 101(JUD), entitled: 1994-01-26 Senate Journal Page 2598 HB 101 "An Act relating to the adoption of the National Electrical Code and the National Electrical Safety Code; and providing for an effective date." (technical title change) Signing do pass: Senator Taylor, Chair, Senators Halford, Little. Zero fiscal note for the Senate committee substitute published today from Department of Labor. HOUSE BILL NO. 101 was referred to the Rules Committee. HB 170 The Judiciary Committee considered HOUSE BILL NO. 170 "An Act extending the termination date of the Board of Marine Pilots." Signing do pass: Senator Taylor, Chair, Senators Little, Halford. Updated House zero fiscal note published today from Department of Commerce and Economic Development. HOUSE BILL NO. 170 was referred to the Rules Committee. HB 294 The Labor and Commerce Committee considered HOUSE BILL NO. 294 "An Act extending the termination date of the Board of Pharmacy" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 294(L&C), entitled: "An Act extending the termination date of the Board of Pharmacy; and providing for an effective date." (technical title change) Signing do pass: Senator Kelly, Chair, Senators Sharp, Rieger. Signing no recommendation: Senators Lincoln, Salo. Updated zero fiscal note for the bill and the Senate committee substitute published today from Department of Commerce and Economic Development. HOUSE BILL NO. 294 was referred to the Finance Committee. 1994-01-26 Senate Journal Page 2599 INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SJR 41 SENATE JOINT RESOLUTION NO. 41 BY SENATOR ELLIS, Relating to establishment of a federal earthquake hazard reduction and insurance program. was read the first time and referred to the Labor and Commerce, Judiciary and Finance Committees. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 261 SENATE BILL NO. 261 BY SENATOR SHARP, entitled: "An Act relating to municipal sales and use taxes involving air carriers; and providing for an effective date." was read the first time and referred to the Transportation, Community and Regional Affairs and Finance Committees. SB 262 SENATE BILL NO. 262 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making an appropriation, under art. IX, sec. 17(c) of the Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." was read the first time and referred to the Finance Committee. 1994-01-26 Senate Journal Page 2600 SB 263 SENATE BILL NO. 263 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act making appropriations for operating expenses for certain programs for which the costs are derived from mandated formulas or criteria, and for expenses for certain leases and contracts for state services and operations; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 264 SENATE BILL NO. 264 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act making an appropriation for a grant for a security gate at Dimond High School; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 265 SENATE BILL NO. 265 BY SENATORS LEMAN, Pearce, Miller, Halford, Taylor, Sharp, Kelly, Jacko, Phillips, entitled: "An Act relating to criminal mischief." was read the first time and referred to the Judiciary and Finance Committees. CONSIDERATION OF THE CALENDAR CITATIONS Honoring - Trooper Daniel F. Donaldson by Representative(s) Hoffman Senator(s) Jacko, Halford, Zharoff, Duncan, Kerttula, Pearce, Lincoln, Rieger, Donley 1994-01-26 Senate Journal Page 2601 Honoring - Investigator Dan Decker by Representative(s) Hoffman Senator(s) Jacko, Halford, Zharoff, Duncan, Kerttula, Pearce, Lincoln, Rieger, Donley Honoring - Tara MacLean by Representative(s) Mackie Senator(s) Adams, Zharoff, Duncan, Kerttula, Pearce, Lincoln, Little, Jacko In Memoriam - Karl Schwalm by Representative(s) Vezey Senator(s) Frank, Sharp, Miller, Duncan, Kerttula, Pearce Senator Rieger, Acting Majority Leader, 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 SB 50 President Halford stated SENATE BILL NO. 50 "An Act making appropriations for capital projects; and providing for an effective date" would be taken from the Rules Committee (page 1969, 1993 journal) and returned to the Finance Committee. SENATE BILL NO. 50 was returned to the Finance Committee. SB 175 President Halford stated SENATE BILL NO. 175 "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date" would be taken from the Rules Committee (page 1909, 1993 journal) and returned to the Finance Committee. SENATE BILL NO. 175 was returned to the Finance Committee. 1994-01-26 Senate Journal Page 2602 SB 247 President Halford stated SENATE BILL NO. 247 "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" would be taken from the Rules Committee (page 2558) and returned to the Finance Committee. SENATE BILL NO. 247 was returned to the Finance Committee. Senator Zharoff moved and asked unanimous consent that he be excused from the Senate, not subject to a call, January 27 and 28. Without objection, Senator Zharoff was excused. ANNOUNCEMENTS Announcements are at the end of the journal. ADJOURNMENT Senator Rieger, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 28, 1994. Without objection, the Senate adjourned at 11:35 a.m. Nancy Quinto Secretary of the Senate January 1994 1994-01-26 Senate Journal Page 2603 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 JAN 27 THURSDAY 9:00 AM TELECONFERENCE SB 39 RETIREMENT CREDITED SERVICE & BENEFITS SB 2 PAY EQUITY BASED ON VALUE OF WORK BILLS PREVIOUSLY HEARD ---------------------------------------- FINANCE SENATE FINANCE 518 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 SB 247 STATE LEASES & LEASE-PURCHASE FINANCING ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 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 BELTZ ROOM 211 JAN 26 WEDNESDAY 1:30 PM NO MEETING SCHEDULED 1994-01-26 Senate Journal Page 2604 JUDICIARY CONTINUED CAPITOL ROOM 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 27 THURSDAY 1:30 PM EO 89 VEHICLE PERMIT TRANSFER FROM DCED TO DOT SB 212 STATE PROCUREMENTS AND PUBLICATIONS SB 254 CIVIL LIABILITY ---------------------------------------- RESOURCES BUTROVICH ROOM 205 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 BILLS PREVIOUSLY HEARD SJR 40 URGE CONGRESS TO AMEND OIL POLLUTION LAW HB 59 APPROP: VETS' LAND DISCOUNT REFUND ---------------------------------------- RULES FAHRENKAMP ROOM 203 JAN 26 WEDNESDAY 11:30 AM **UPON ADJOURNMENT** SJR 13 EXPORT OF ALASKA OIL SB 135 APPRO: AK RAILROAD EXTENSION STUDY SB 160 MEMORIAL SCHOLARSHIP LOANS ---------------------------------------- 1994-01-26 Senate Journal Page 2605 STATE AFFAIRS BUTROVICH ROOM 205 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 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 27 THURSDAY 3:30 PM SB 256 INCREASE AVIATION FUEL TAX FEB 01 TUESDAY 3:30 PM SB 260 NAMING PETERSBURG AIRPORT BILLS PREVIOUSLY HEARD FINANCE SUBCOMMITTEES COMMERCE & ECONOMIC DEVELOPMENT SENATE FINANCE 518 FEB 04 FRIDAY 8:00 AM COMMISSIONER'S OFFICE DIVISION OF OCCUPATIONAL LICENSING DIVISION OF ECONOMIC DEVELOPMENT OFFICE OF INTERNATIONAL TRADE FEB 08 TUESDAY 8:00 AM ALASKA ENERGY AUTHORITY TRANSFER/AIDEA INTERFACE DIVISION OF WEIGHTS AND MEASURES FEB 09 WEDNESDAY 8:00 AM DIVISION OF TOURISM ALASKA TOURISM MARKETING COUNCIL 1994-01-26 Senate Journal Page 2606 OTHER COMMITTEES ANCHORAGE CAUCUS FINANCE ROOM 518 JAN 27 THURSDAY 8:00 AM ********CANCELLED*********** DEPARTMENT OF ENVIRONMENTAL CONSERVATION SOLID WASTE MANAGEMENT REGULATIONS