Legislature(1993 - 1994)
1994-02-04 Senate Journal
Full Journal pdf1994-02-04 Senate Journal Page 2677 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Friday February 4, 1994 Twenty-sixth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:14 a.m. The roll showed eighteen members present. Senator Taylor was excused from a call of the Senate. Senator Ellis was absent. The prayer was offered by the Chaplain, Max Copenhagen of the Juneau Jewish Community. Senator Kelly led the Senate in the pledge of allegiance. The presence of Senator Ellis was noted. CERTIFICATION Senator Rieger, Acting Majority Leader, moved and asked unanimous consent that the journals for the twenty-fourth and twenty-fifth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Message of February 3 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 280 HOUSE BILL NO. 280 BY THE HOUSE RULES COMMITTEE, entitled: 2677 1994-02-04 Senate Journal Page 2678 HB 280 "An Act adopting the Uniform Custodial Trust Act." was read the first time and referred to the State Affairs and Judiciary Committees. COMMUNICATIONS The following reports were received and are on file in the Office of the Secretary of the Senate: State of Alaska Monetary Terms of the Collective Bargaining Agreement with the Public Safety Employees Association from Nancy Bear Usera, Commissioner, Department of Administration in accordance with AS 23.40.215 President Halford referred the report to the Finance Committee. Child Care Programs Fiscal Year 1993 Annual Report from Edgar Blatchford, Commissioner Department of Community and Regional Affairs Alaska Energy Authority Financial Statements, Other Financial Information and Independent Auditor's Report for Years Ended June 30, 1993 and 1992 from William R. Snell, Executive Director in accordance with AS 44.83.900 (Distributed to all Senators) Alaska Science and Technology 1993 Annual Report from John W. Sibert, Executive Director in accordance with AS 37.17.090 STANDING COMMITTEE REPORTS SB 24 The Judiciary Committee considered SENATE BILL NO. 24 "An Act extending the maximum period of probation after conviction." Signing do pass: Senator Halford, Vice Chair, Senators Little, Donley. Signing no recommendation: Senator Jacko. 1994-02-04 Senate Journal Page 2679 SB 24 Zero fiscal note published today from Department of Public Safety. SENATE BILL NO. 24 was referred to the Finance Committee. SB 39 The Community and Regional Affairs Committee considered SENATE BILL NO. 39 "An Act relating to credited service and retirement benefits." Signing no recommendation: Senator Phillips, Chair, Senators Adams, Leman. Fiscal note published today from Department of Administration. SENATE BILL NO. 39 was referred to the State Affairs Committee. SB 217 The Health, Education and Social Services Committee considered SENATE BILL NO. 217 "An Act relating to land of the University of Alaska and authorizing the University of Alaska to select additional state public domain land" and recommended it be replaced with CS FOR SENATE BILL NO. 217(HES), entitled: "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation; and providing for an effective date." Signing do pass: Senator Rieger, Chair, Senators Sharp, Leman, Miller. Fiscal note for the bill and committee substitute published today from Department of Natural Resources. SENATE BILL NO. 217 was referred to the Resources Committee. 1994-02-04 Senate Journal Page 2680 HJR 36 The Judiciary Committee considered 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. Signing do pass: Senator Halford, Vice Chair, Senators Little, Jacko, Donley. Previous House zero fiscal note. CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) was referred to the Finance Committee. HJR 37 The Health, Education and Social Services Committee considered HOUSE JOINT RESOLUTION NO. 37 Urging the Congress to enact H.R. 1033 or similar legislation authorizing construction grants for publicly-owned treatment works in economically distressed rural communities. Signing do pass: Senator Rieger, Chair, Senators Miller, Leman, Salo, Sharp. Previous zero fiscal note. HOUSE JOINT RESOLUTION NO. 37 was referred to the Rules Committee. HB 79 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 79(FIN) am "An Act relating to recovery from a parent or legal guardian of wilful or malicious destruction of property by a minor" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 79(HES) Signing no recommendation: Senator Rieger, Chair, Senator Salo. Signing do pass: Senators Miller, Leman, Sharp. 1994-02-04 Senate Journal Page 2681 HB 79 Updated zero fiscal notes for the bill and the Senate committee substitute published today from Department of Administration, Department of Law and Department of Health and Social Services. CS FOR HOUSE BILL NO. 79(FIN) am was referred to the Judiciary Committee. SPECIAL COMMITTEE REPORTS SB 239 The Senate Special Committee on Oil and Gas considered SENATE BILL NO. 239 "An Act relating to evidence of financial responsibility provided by persons who conduct noncrude oil operations; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 239(O&G), entitled: "An Act relating to evidence of financial responsibility provided by persons who conduct oil operations; and providing for an effective date." Signing do pass: Senator Leman, Chair, Senators Sharp, Halford. Signing no recommendation: Senators Adams, Salo. Zero fiscal note for the bill and committee substitute published today from Department of Environmental Conservation. SENATE BILL NO. 239 was referred to the Judiciary Committee. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 14 SENATE CONCURRENT RESOLUTION NO. 14 BY SENATORS KERTTULA, Duncan, Zharoff, Frank, Adams, Donley, Kelly, Pearce, Jacko, Lincoln, Miller, Rieger, Salo, Sharp, Leman, Relating to the naming of the Harold Z. Hansen Hatchery at Fort Richardson, Alaska. 1994-02-04 Senate Journal Page 2682 SCR 14 was read the first time and referred to the Community and Regional Affairs and Resources Committees. SCR 15 SENATE CONCURRENT RESOLUTION NO. 15 BY SENATORS PHILLIPS, Leman, Rieger, Ellis, Duncan, Relating to the twenty-eighth annual Boys' State. was read the first time and referred to the State Affairs Committee. SJR 42 SENATE JOINT RESOLUTION NO. 42 BY SENATORS LINCOLN, Adams, Duncan, Zharoff, Proposing amendments to the Constitution of the State of Alaska relating to subsistence uses of fish and wildlife by residents, and establishing an effective date for the amendment. was read the first time and referred to the Resources, Judiciary and Finance Committees. SJR 43 SENATE JOINT RESOLUTION NO. 43 BY SENATOR JACKO, Relating to the North Pacific Fishery Management Council comprehensive rationalization plan. was read the first time and referred to the Resources and Judiciary Committees. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 276 SENATE BILL NO. 276 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: 1994-02-04 Senate Journal Page 2683 SB 276 "An Act relating to criminal justice information; providing procedural requirements for obtaining certain criminal justice information; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. Fiscal note from Department of Corrections and zero fiscal notes from Department of Health and Social Services, Department of Law and Department of Public Safety published today. Governor's transmittal letter dated February 4: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to criminal justice information. The need for new Alaska legislation on the subject of criminal justice information and computer information systems has been recognized for a number of years. If accurate and complete, these information systems provide a measure of protection for law enforcement officers on the front line of the battle against crime and provide needed information for all parts of the criminal justice system and the public. At the same time, provisions are needed for the security and privacy of the information contained in these systems. Under the bill, "criminal justice information" does not include records relating to juvenile offenders. The federal Anti-Drug Abuse Act of 1988 required the United States Department of Justice to develop a system for more immediate and accurate identification of offenders, which resulted in voluntary national standards being developed. The Department of Justice recommended that all states (1)implement mandatory reporting of all criminal justice information, (2)monitor case dispositions and adopt unique case-tracking numbers to improve data accuracy, (3)ensure timely submission of fingerprint records, (4)provide standardized data entry, and (5)provide audits, training, and data security. This 1994-02-04 Senate Journal Page 2684 SB 276 bill is a necessary step toward that goal, and it will provide a framework under which the state can comply with appropriate national standards for the collection and use of criminal justice information, to the extent they are practical as applied to Alaska. This bill also adopts a trend seen in some other states, to give the press and public greater access to criminal history records and to make those records more "open." For example, under this bill, anyone would be permitted to receive information about a person in the custody or under the supervision of the state, including the location of incarceration of inmates, and the conditions under which such inmates are released into the community on bail, probation, or parole. Currently, much of this information is available only to victims of crimes. AS33.16.120(f). The public would also be permitted to receive information about past convictions if less than 10 years has elapsed from the date the offender was released from all state supervision. Current law gives past conviction records only to employers of persons who work with children, and only for specified crimes. AS 12.62.035. These provisions in this legislation would give the public a great deal of information about current or past criminal offenders that is either not available under current law, or is only available by expending great effort to search paper or microfilm records in the possession of the court system. A detailed section-by-section description that describes the need for and the intent behind each provision in the bill is available from the Department of Public Safety. Sincerely, /s/ Walter J. Hickel Governor SB 277 SENATE BILL NO. 277 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the confidentiality of certain records relating to fish and wildlife; and providing for an effective date." 1994-02-04 Senate Journal Page 2685 SB 277 was read the first time and referred to the Resources Committee. Zero fiscal note from Department of Fish and Game published today. Governor's transmittal letter dated February 4: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill to amend AS16.05.815(d) to better protect the confidentiality of certain Department of Fish and Game records regarding the location of fish and wildlife. The existing language was enacted at the request of the Department of Fish and Game in 1990. However, as demonstrated by a recent court case, the existing language is subject to an interpretation not anticipated by the department. An Anchorage superior court recently found that the current statute places the burden on the department to prove to the court that the particular request for those records poses a detriment to the fish or wildlife population. While a single specific request for records might not be overly burdensome, the cumulative effect of several such requests might cause a severe impact on the limited staff of the department. Existing AS16.05.815(d) leaves the door open to record requests entirely unrelated to legitimate scientific research or management goals. This bill will not disrupt critical scientific research and management efforts. Government agencies, both state and federal, sometimes need the information to complement or verify similar research studies or to further management and conservation responsibilities. This bill will leave the department with discretion to share the information with other government agencies that might have legitimate need for those records, as well as with researchers under contract with the state. 1994-02-04 Senate Journal Page 2686 SB 277 I urge your support of this important bill. Sincerely, /s/ Walter J. Hickel Governor SB 278 SENATE BILL NO. 278 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to sobriety checkpoints; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. Fiscal note from Department of Public Safety and zero fiscal notes from Department of Administration (2) and Department of Law published today. Governor's transmittal letter dated February 4: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to the use of sobriety checkpoints to discover and deter drivers who are impaired by alcohol or drugs. Drunk driving is a major highway safety concern in Alaska. The deterrence, or apprehension and successful prosecution, of drivers impaired by alcohol or drugs has been and remains a major concern of law enforcement. This bill authorizes a law enforcement agency to establish and operate a sobriety checkpoint under a court order authorizing the checkpoint. To obtain the order, the law enforcement agency must submit to the judge a written plan describing the proposed checkpoint. If the judge determines that the plan meets certain 1994-02-04 Senate Journal Page 2687 SB 278 standards and appropriately minimizes delays and intrusions that will be caused by its operation, the judge will issue an order authorizing the proposed checkpoint. In my State of the State address on January 12, 1993, I identified "alcoholism, along with the abuse of other drugs," as "Alaska's number one health problem." I reiterated my commitment to dealing with this issue in my State of the State address this year, as well. This proposed legislation gives law enforcement officers additional tools that they need to combat the significant highway safety problem presented by those drivers who drink or use drugs and then cause accidents that are fatal or cause serious injury. I urge your favorable action on this bill. Sincerely, /s/ Walter J. Hickel Governor SB 279 SENATE BILL NO. 279 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to operating or driving a motor vehicle, commercial motor vehicle, aircraft, or watercraft." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. Fiscal note from Department of Public Safety and zero fiscal notes from Department of Administration (2) and Department of Law published today. Governor's transmittal letter dated February 4: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to operating or driving a motor vehicle, commercial motor vehicle, aircraft, or watercraft. 1994-02-04 Senate Journal Page 2688 SB 279 Sections 5, 7, 12, and 13 of the bill contain the main objective of the bill. Those sections contain provisions relating to implied consent for, and administration of, chemical tests to detect the presence of drugs in drivers of motor vehicles or commercial vehicles that are involved in accidents that cause death or serious physical injury to another person. The use of drugs by motor vehicle drivers, both alone and in combination with alcohol, is a major traffic safety concern. The apprehension and successful prosecution of the drug-impaired driver has been and remains a major concern of law enforcement. The state's implied consent law is contained in existing AS28.35.031 and, for commercial motor vehicle drivers, in AS28.33.031. These sections provide that a vehicle driver who is under arrest for driving while intoxicated is considered to have given "consent" to a chemical breath test to determine the amount of alcohol in the person's blood or breath. Existing AS28.35.032 authorizes law enforcement officers to request that an arrested driver submit to that chemical breath testing. Sections 5 and 7 of the bill amend the implied consent statutes (AS28.33.031 and AS28.35.031) to specify that a person who operates a motor vehicle or commercial motor vehicle in this state is considered to have given consent to submit to a chemical test to determine the presence of both alcohol and drugs if the person is involved in an accident that causes death or serious physical injury to another person, even if the person is not under arrest. A specific definition for "serious physical injury" is provided in sec. 16 of the bill. Driving is a privilege granted by the state that can be conditioned upon consent to reasonable terms, such as consent to the chemical tests enumerated in AS28.33.031 and AS28.35.031 as amended by the bill. Under existing AS28.35.032(a), a person can refuse to submit to a chemical breath test; existing AS28.35.032(f) makes the refusal a misdemeanor offense. Section 8 of the bill amends AS28.35.032(a) to add references to the chemical tests provided for in secs. 5 and 1994-02-04 Senate Journal Page 2689 SB 279 7 of the bill; sec. 10 of the bill amends AS28.35.032(f) in the same way. Several "housekeeping" amendments to AS28.35.032(a) are also made by sec. 8 of the bill. Under AS28.35.032(a) and 28.35.035, if a person has been notified of the penalties that will result from refusal to submit to a chemical breath test, and the person then refuses to submit, the test may not be given unless the person has been arrested and the arrest resulted from an accident that causes death or physical injury to another person. This bill does not change those provisions other than to add references to the additional chemical tests provided for in secs. 5 and 7 of the bill. See secs. 8, 12, and 13 of the bill. Sections 1 - 4, 9, 11, and 14 of the bill make additional conforming amendments to statutes in AS28 to refer to the chemical tests provided for in secs. 5 and 7 of the bill. The amendment to AS28.33.190 in sec. 6 of the bill is generally to provide a definition for "controlled substance" in AS28.33. That term is used in AS 28.33.031(a) as that statute is amended by sec. 5 of the bill. Additionally, the amendment to AS28.33.190 will provide other needed definitions for AS28.33.010 - 28.33.031. The existing language of AS28.33.190 unnecessarily excludes those sections. The amendments made by secs. 15 and 17 of the bill are to provide a definition of "controlled substance" for AS28.35.029- 28.35.039. The existing definition, which is specific to only AS28.35.030, is repealed and is replaced by the same definition located in a general definition section for AS28.35.029- 28.35.039. In my State of the State address on January 12, 1993, I identified "alcoholism, along with the abuse of other drugs," as "Alaska's number one health problem." I reiterated my commitment to dealing with this issue in my State of the State address this year, as well. This proposed legislation gives police and prosecutors the tools they need to combat the significant highway safety problem presented by those drivers who use drugs and then cause fatal or serious injury accidents. 1994-02-04 Senate Journal Page 2690 SB 279 I urge your favorable action on this bill. Sincerely, /s/ Walter J. Hickel Governor SB 280 SENATE BILL NO. 280 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act establishing the Afognak Island State Park." was read the first time and referred to the State Affairs, Resources, Judiciary and Finance Committees. Fiscal note from Department of Natural Resources and zero fiscal notes from Department of Public Safety and Department of Law published today. Governor's transmittal letter dated February 4: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill creating the Afognak Island State Park. On August23, 1993, the Exxon Valdez Oil Spill Trustee Council (council) adopted a resolution approving, for restoration purposes, acquisition of approximately 41,549 acres of land in Alaska on the northeast corner of Afognak Island, including Seal Bay and Tonki Cape. Although the federal government initially expressed a desire to include this property within the Kodiak National Wildlife Refuge, portions of which are located nearby, the state trustees on the council persuaded the council as a whole that this property has a more logical connection with Shuyak State Park, located on an island immediately to the north of the Seal Bay property. Thus, the resolution adopted by the council provided the state the first opportunity to acquire title to this invaluable Alaska property. The 1994-02-04 Senate Journal Page 2691 SB 280 resolution further provided that, to fulfill the council's restoration obligations, the property was to be included in a state park and commercial timber harvest was not to be permitted. The resolution specifically allowed limited commercial use as well as sport, personal use, and subsistence hunting and fishing, trapping, and recreational uses, insofar as they are permitted under law or regulations of the Board of Fisheries or Board of Game. Only if the state was unwilling or unable to establish a state park was the federal government to take title to this property. Based on the council's resolution, the state entered into a purchase agreement on November 4, 1993 with the Seal Bay Timber Company, owner of the property, and The Nature Conservancy. The agreement provided for title to the property to first go to The Nature Conservancy to hold until the state has an opportunity to establish a park to accept the property. Under AS37.07.080(h) and AS37.14.450, the Legislative Budget and Audit Committee approved the expenditure of EXXON VALDEZ civil trust money for the purchase at its November5, 1993 meeting. The purchase was completed on November 23, 1993 when title to the property passed to The Nature Conservancy. In accordance with the purchase agreement, The Nature Conservancy will convey the property to the state for placement in a state park if the park is created by November 23, 1994, one year from the date of purchase. Otherwise, the property must be conveyed to the federal government for placement in a federal conservation unit. The purpose of this bill is to create that required state park. The acquisition and protection of this land in a state park has widespread and nearly unanimous public support. Expressions of support for the acquisition have come from such diverse groups as the Kodiak Island Borough mayor and assembly, City of Kodiak, Kodiak Chamber of Commerce, various commercial fishing groups, local tour operators, and environmental organizations. Seal Bay has historically supported high value wilderness-based recreation such as hunting, boating, and fishing. The area has high scenic value and excellent wildlife viewing. It contains important habitat for several species of wildlife for which significant injury 1994-02-04 Senate Journal Page 2692 SB 280 resulting from the oil spill has been documented, including marbled murrelets, harlequin ducks, black oyster catchers, and river otters. Harbor seal haulouts and intertidal and subtidal biota are all found in substantial numbers along the shoreline. Concentrations of sea otters exist in this area. Anadromous streams and bald eagle nests are found on this property. Protection of this property will aid recovery of these injured resources and services. The proposed park would include all lands acquired from Seal Bay Timber Company as well as tidelands. Submerged lands would not be included except those lying within lagoons on the property. The Department of Fish and Game would be responsible for the management of fish and game resources in the park, consistent with the principle of sustained yield. Sport and subsistence hunting and fishing, personal use fishing, trapping, recreational activities, and commercial fishing would be permitted in the park. These are the purposes for which Alaskans have traditionally used these lands. By creating a state park for this property, we will ensure that future generations will be able to continue to use and enjoy this magnificent part of our state. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Walter J. Hickel Governor SB 281 SENATE BILL NO. 281 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to waste and use of salmon and parts of salmon; relating to permits for and operation of a salmon hatchery; and providing for an effective date." was read the first time and referred to the Resources and Judiciary Committees. 1994-02-04 Senate Journal Page 2693 SB 281 Zero fiscal note from Department of Public Safety published today. Governor's transmittal letter dated February 4: Dear Mr. President: Under authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to the waste and use of salmon and parts of salmon, and to permits for and operation of salmon hatcheries. The bill would repeal and reenact AS16.05.831 (waste of salmon) to authorize the commissioner of fish and game to issue permits to allow the removal and sale of eggs from hatchery-produced salmon and the discard of the salmon carcasses. The permits would allow this practice only for salmon that return to hatchery terminal and special harvest areas or remote sites from which hatchery smolt are released, and that are determined by the commissioner of fish and game to be unfit for human consumption. This is a practice that is prohibited by existing AS16.05.831. It is anticipated that persons who would be authorized under such a permit are commercial fishermen who are participating in a designated terminal fishery and, perhaps, hatchery operators or fish processors. The language that appears in the bill as AS16.05.831(b)(2), regarding permits authorizing "other uses of salmon," is currently contained in AS16.05.831(b). The bill also cures several problems in existing AS16.05.831. Presently, that statute applies only to salmon that are "intended" for certain uses. Because that statute does not indicate whose intent is to be measured, this ambiguity can cause enforcement problems. Also, the specified uses are not meaningful because they cover every conceivable use of salmon. The bill's repeal and reenactment of AS16.05.831 deletes this problematic language from the law. Because of present market conditions, it is important for the fishing industry and hatchery operators to be able to recover as much value as possible from salmon resources. The bill will contribute to this goal and, at the same time, will allow the state to more effectively 1994-02-04 Senate Journal Page 2694 SB 281 enforce the statute on waste of salmon. For these reasons, I urge your prompt consideration and passage of the bill. Sincerely, /s/ Walter J. Hickel Governor SJR 42 Senator Kerttula moved and asked unanimous consent that he be shown as a cosponsor on SENATE JOINT RESOLUTION NO. 42 Proposing amendments to the Constitution of the State of Alaska relating to subsistence uses of fish and wildlife by residents, and establishing an effective date for the amendment. Without objection, it was so ordered. SCR 15 Senator Kerttula moved and asked unanimous consent that he be shown as a cosponsor on SENATE CONCURRENT RESOLUTION NO. 15 Relating to the twenty-eighth annual Boys' State. Without objection, it was so ordered. CONSIDERATION OF THE CALENDAR CITATIONS Honoring - Ted Vadman on His Retirement by Representative(s) Hudson, Ulmer Senator(s) Duncan, Pearce, Zharoff, Leman, Little, Kerttula, Salo, Halford Honoring - Patti Hyslop, 1993 Barbara Bailey Prevention Award by Senator(s) Leman, Lincoln, Jacko, Pearce, Zharoff, Little, Donley, Kerttula, Salo, Duncan, Rieger Representative(s) Nicholia In Memoriam - Larrae Rocheleau by Representative(s) Grussendorf Senator(s) Taylor, Adams, Jacko, Kelly, Lincoln, Zharoff, Little, Kerttula, Salo, Donley, Duncan 1994-02-04 Senate Journal Page 2695 Honoring - The UAA Production Company of The Death of Von Richtofen as Witnessed from Earth by Representative(s) Hanley Senator(s) Pearce, Ellis, Donley, Duncan Honoring - Margarita Ares, 1993 Prevention Award by Senator(s) Leman, Sharp, Frank, Pearce, Salo, Donley, Duncan, Halford, Lincoln Honoring - Lynda Adams, 1993 Prevention Award by Senator(s) Leman, Taylor, Pearce, Salo, Donley, Duncan, Halford, Lincoln Representative(s) Vezey Honoring - Jim Crum by Senator(s) Pearce, Leman, Donley, Duncan Representative(s) Hanley Honoring - Roy Erhart by Senator(s) Pearce, Leman, Donley, Duncan Representative(s) Hanley Honoring - Dave Erlich by Senator(s) Pearce, Leman, Ellis, Donley, Duncan Representative(s) Hanley In Memoriam - Alfred O. Ose by Senator(s) Kerttula, Leman, Adams, Salo, Duncan, Rieger, Kelly, Halford, Phillips, Lincoln 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 SJR 12 Senator Adams moved and asked unanimous consent that his name be withdrawn as a co-sponsor on SENATE JOINT RESOLUTION NO. 12 Proposing amendments to the Constitution of the State of Alaska relating to subsistence use of fish and wildlife by residents and establishing an effective date for that amendment. Senator Kelly objected. 1994-02-04 Senate Journal Page 2696 Senator Salo announced a minority caucus. RECESS Senator Rieger, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in recess for the purpose of a majority caucus. Without objection, the Senate recessed at 11:48 a.m. AFTER RECESS The Senate reconvened at 4:40 p.m. SJR 12 The motion for Senator Adams to withdraw his name as cosponsor on SENATE JOINT RESOLUTION NO. 12 was before the Senate. Senator Kelly withdrew his objection. There being no further objection, Senator Adams' name was withdrawn from the resolution. SJR 42 Senator Jacko moved and asked unanimous consent that he be shown as a cosponsor on SENATE JOINT RESOLUTION NO. 42 Proposing amendments to the Constitution of the State of Alaska relating to subsistence uses of fish and wildlife by residents, and establishing an effective date for the amendment. Without objection, it was so ordered. Senator Kerttula moved and asked unanimous consent that his name be withdrawn as a cosponsor on SENATE JOINT RESOLUTION NO. 42. Without objection, it was so ordered. 1994-02-04 Senate Journal Page 2697 Senator Rieger moved and asked unanimous consent that the Senate return to Standing Committee Reports. Without objection, the Senate returned to: STANDING COMMITTEE REPORTS SJR 38 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 38 Proposing amendments to the Constitution of the State of Alaska relating to revenues from natural resources, the Alaska permanent fund, the appropriation limit and the budget reserve fund; and providing for an effective date for the amendments. Signing no recommendation: Senator Leman, Chair, Senators Miller, Duncan. Signing do pass: Senator Ellis. Fiscal notes from Office of the Governor and Department of Revenue published today. SENATE JOINT RESOLUTION NO. 38 was referred to the Resources Committee. SB 170 The State Affairs Committee considered SENATE BILL NO. 170 "An Act relating to income of the permanent fund." Signing no recommendation: Senator Leman, Chair, Senators Miller, Ellis, Duncan. Zero fiscal note published today from Department of Revenue. SENATE BILL NO. 170 was referred to the Judiciary Committee. SB 225 The Health, Education and Social Services Committee considered SENATE BILL NO. 225 "An Act relating to credits against certain insurance taxes for contributions to certain educational institutions; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 225(HES) Signing do pass: Senator Rieger, Chair, Senator Leman. Signing no recommendation: Senators Miller, Salo, Sharp. 1994-02-04 Senate Journal Page 2698 SB 225 Fiscal note for the bill and the committee substitute from Department of Commerce and Economic Development and zero fiscal note from Department of Revenue published today. SENATE BILL NO. 225 was referred to the Judiciary Committee. SB 245 The State Affairs Committee considered SENATE BILL NO. 245 "An Act relating to investments of the permanent fund involving equity interests in and debt obligations secured by mortgages on real estate; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 245(STA) Signing do pass: Senator Leman, Chair. Signing no recommendation: Senators Miller, Ellis, Duncan. Zero fiscal note for the bill and the committee substitute published today from Department of Revenue. SENATE BILL NO. 245 was referred to the Labor and Commerce Committee. UNFINISHED BUSINESS SJR 12 Senators Lincoln, Zharoff, Duncan moved and asked unanimous consent that their names be withdrawn as cosponsors on SENATE JOINT RESOLUTION NO. 12 Proposing amendments to the Constitution of the State of Alaska relating to subsistence use of fish and wildlife by residents and establishing an effective date for that amendment. Without objection, it was so ordered. SB 54 Senator Donley moved and asked unanimous consent that he be shown as a cosponsor on CS FOR SENATE BILL NO. 54(FIN) "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to records of those offenses, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date." Without objection, it was so ordered. 1994-02-04 Senate Journal Page 2699 SB 19 Senator Donley moved and asked unanimous consent that he be shown as a cosponsor on CS FOR SENATE BILL NO. 19(FIN) am "An Act relating to the crime of conspiracy." Without objection, it was so ordered. HJR 49 Senator Leman, Chair, moved and asked unanimous consent that the Senate Special Committee on Oil and Gas referral be waived on CS FOR HOUSE JOINT RESOLUTION NO. 49(RES) Requesting the United States Department of the Interior to adopt regulations that give a narrow interpretation to certain definitions under the Oil Pollution Act of 1990 relating to evidence of financial responsibility that must be shown by offshore facilities. Senator Duncan objected, then withdrew his objection. There being no further objections, it was so ordered. CS FOR HOUSE JOINT RESOLUTION NO. 49(RES) was referred to the Resources Committee. Senator Miller moved and asked unanimous consent that he be excused from a call of the Senate on February 7, until plane time. Without objection, Senator Miller was excused. Senator Salo moved that the Senate send a letter to the Speaker conveying dismay regarding comments made against a member of the Senate and urging a higher standard of conduct in the future. Senator Frank objected. Senator Duncan called the Senate. The call was satisfied. President Halford ruled the motion out of order. Senator Duncan appealed the ruling of the chair, then withdrew his motion. 1994-02-04 Senate Journal Page 2700 ANNOUNCEMENTS Announcements are at the end of the journal. ENROLLMENT SJR 29 HOUSE CS FOR SENATE JOINT RESOLUTION NO. 29(TRA) am H Relating to federal efforts to require the use of motorcycle helmets in Alaska, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 1:30 p.m., February 4, 1994. ADJOURNMENT Senator Rieger, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 7, 1994. Without objection, the Senate adjourned at 5:53 p.m. Nancy Quinto Secretary of the Senate February 1994 1994-02-04 Senate Journal Page 2701 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 FEB 08 TUESDAY 9:00 AM SB 203 MUNICIPAL POLICE SERVICES SB 255 STATE POLICY ON HUMAN RESOURCE DEVELOPMT SB 2 PAY EQUITY BASED ON VALUE OF WORK FEB 10 THURSDAY 9:00 AM TELECONFERENCE SB 62 PUBLIC SCHOOL FOUNDATION PROGRAM SB 232 SCHOOL CONSTRUCTION BOND REIMBURSEMENT SB 233 STATE EDUCATION AID: FUNDING COMMUNITIES ---------------------------------------- FINANCE SENATE FINANCE 518 FEB 04 FRIDAY 9:00 AM BILLS PREVIOUSLY HEARD FEB 07 MONDAY 9:00 AM NO MEETING SCHEDULED FEB 08 TUESDAY 9:00 AM HB 137 PAROLE OF TERMINALLY ILL PRISONERS HB 144 FEE FOR PFD ASSIGNMENTS/CLAIMS HB 294 EXTEND THE BOARD OF PHARMACY FEB 09 WEDNESDAY 9:00 AM SB 253 REAPPLICATION PERIOD FOR 1993 PF DIVIDEND BILLS PREVIOUSLY HEARD SB 243 FOUR DAM POOL TRANSFER FUND FEB 10 THURSDAY 8:30 AM **TIME/LOCATION CHANGES - HOUSE FINANCE 519** -- EXECUTIVE SESSION -- REVIEW STATUS OF OIL AND GAS LITIGATION JOINT WITH HOUSE FINANCE ALL LEGISLATORS INVITED FEB 11 FRIDAY 9:00 AM SB 238 COASTAL ZONE MANAGEMENT PROCEDURES BILLS PREVIOUSLY HEARD ---------------------------------------- 1994-02-04 Senate Journal Page 2702 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 04 FRIDAY 1:30 PM BILLS PREVIOUSLY HEARD SB 225 INSURANCE TAX CREDIT:GIFTS TO COLLEGES <TELECONFERENCE ON FOLLOWING BILLS> SB 248 ASSIST & PROTECT VULNERABLE ADULTS SB 249 REGULATION OF ASSISTED LIVING HOMES SB 250 REVISE OLDER ALASKANS COMMISSION FEB 07 MONDAY 1:30 PM NO MEETING SCHEDULED FEB 09 WEDNESDAY 1:30 PM SB 270 COMPREHENSIVE HEALTH CARE GENERAL DISCUSSION OF HEALTH CARE ISSUES FEB 11 FRIDAY 1:30 PM BILLS PREVIOUSLY HEARD ---------------------------------------- JUDICIARY BELTZ ROOM 211 FEB 04 FRIDAY 1:30 PM BILLS PREVIOUSLY HEARD SB 239 NONCRUDE OIL OPERATIONS:FINANC'L RESPB'TY SJR 39 RIGHT TO KEEP AND BEAR ARMS FEB 07 MONDAY 1:30 PM BILLS PREVIOUSLY HEARD SB 221 ARREST OF MINORS FOR CONSUMING ALCOHOL SB 127 CAPITAL PUNISHMENT FOR MURDER FEB 09 WEDNESDAY 1:30 PM BILLS PREVIOUSLY HEARD HB 73 ANCSA STATE TAX EXEMPTIONS SB 234 LIFE SENTENCE:SOME 3RD FELONY OFFENDERS FEB 11 FRIDAY 1:30 PM NO MEETING SCHEDULED 1994-02-04 Senate Journal Page 2703 LABOR & COMMERCE FAHRENKAMP ROOM 203 FEB 08 TUESDAY 1:30 PM SB 208 CANDIDATES MUST RESIGN STATE EMPLOYMENT SB 212 STATE PROCUREMENTS AND PUBLICATIONS HB 180 AHFC HOUSING INSPECTION REQUIREMENTS SB 213 APUC EXTENSION AND REGULATORY COST CHARGE <RESCHEDULED FROM 02/03/94> BILLS PREVIOUSLY HEARD FEB 10 THURSDAY 1:30 PM SB 251 COMM'L FISH LOANS FOR CERTAIN OBLIGATIONS SB 269 INCREASE TOBACCO & ALCOHOL TAXES ---------------------------------------- RESOURCES BUTROVICH ROOM 205 FEB 04 FRIDAY 3:30 PM SB 202 SALE OF STATE WATER TO MUNICIPALITIES SB 210 DISPOSAL OF DALTON HWY RIGHT-OF-WAY LAND SB 240 MUNICIPAL TAX CREDIT/HABITAT PROTECTION FEB 07 MONDAY 3:30 PM HJR 49 FED REGS UNDER OIL POLLUTION ACT OF 1990 <PENDING REFERRAL> SB 215 OIL/HAZARDOUS SUBS. RELEASE RESPONSE FUND <TELECONFERENCE ON ABOVE BILL> FEB 09 WEDNESDAY 3:30 PM SCR 13 GOLD RUSH CENTENNIAL DECADE SB 217 INCREASE LAND GRANT TO UNIV. OF ALASKA FEB 11 FRIDAY 3:30 PM BILLS PREVIOUSLY HEARD ---------------------------------------- RULES FAHRENKAMP ROOM 203 FEB 04 FRIDAY 0:00 AM **TO MEET UPON ADJOURNMENT** SJR 40 URGE CONGRESS TO AMEND OIL POLLUTION LAW SB 247 STATE LEASES & LEASE-PURCHASE FINANCING ---------------------------------------- 1994-02-04 Senate Journal Page 2704 STATE AFFAIRS BUTROVICH ROOM 205 FEB 04 FRIDAY 9:00 AM <RESCHEDULED FROM 02/02/94> SB 245 PERMANENT FUND INVESTMENTS IN REAL ESTATE SB 170 DISPOSITION OF PERMANENT FUND INCOME SJR 38 RESTRUCTURE PERMANENT FUND BILLS PREVIOUSLY HEARD FEB 07 MONDAY 9:00 AM NO MEETING SCHEDULED FEB 09 WEDNESDAY 9:00 AM SB 237 WEAPONS POSSESSION/SALE BY/TO MINORS SB 220 ADD "CAT" TO SCHEDULE IIA DRUG LIST BILLS PREVIOUSLY HEARD FEB 11 FRIDAY 9:00 AM SJR 36 GOV & LT GOV MUST RECEIVE MAJORITY VOTE <REMOVED FROM AGENDA> SB 216 DISPLAY SEX EXPLICIT MATERIALS NEAR MINOR SB 267 ALASKA PEACE STNDS TRAINING FUND BILLS PREVIOUSLY HEARD ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 FEB 08 TUESDAY 3:30 PM NO MEETING SCHEDULED FEB 10 THURSDAY 3:30 PM SB 275 DISPOSAL OF REAL PROPERTY BY DOTPF SB 157 PROHIBITED HIGHWAY ADVERTISING FINANCE SUBCOMMITTEES ADMINISTRATION SENATE FINANCE 518 FEB 09 WEDNESDAY 5:00 PM ALASKA PUBLIC OFFICES COMMISSION OFFICE OF PUBLIC ADVOCACY PUBLIC DEFENDER AGENCY FEB 16 WEDNESDAY 5:00 PM INFORMATION SERVICES DIVISION ALASKA PUBLIC BROADCASTING RURAL ALASKA TELEVISION NETWORK FEB 23 WEDNESDAY 5:00 PM NO MEETING SCHEDULED 1994-02-04 Senate Journal Page 2705 FINANCE SUBCOMMITTEES CONTINUED ADMINISTRATION MAR 02 WEDNESDAY 5:00 PM SENIOR SERVICES DIVISION MAR 09 WEDNESDAY 5:00 PM RETIREMENT AND BENEFITS RISK MANAGEMENT LEASING AND FACILITIES MAR 16 WEDNESDAY 5:00 PM DIVISION OF FINANCE PERSONNEL ADMINISTRATIVE SERVICES CENTRALIZED ADMINISTRATIVE SERVICES GENERAL SERVICES ---------------------------------------- COMMERCE & ECONOMIC DEVELOPMENT SENATE FINANCE 518 FEB 04 FRIDAY 8:00 AM ********CANCELLED******** FEB 08 TUESDAY 8:00 AM COMMISSIONER'S OFFICE DIVISION OF OCCUPATIONAL LICENSING DIVISION OF ECONOMIC DEVELOPMENT OFFICE OF INTERNATIONAL TRADE FEB 09 WEDNESDAY 8:00 AM DIVISION OF TOURISM ALASKA TOURISM MARKETING COUNCIL FEB 15 TUESDAY 8:00 AM ALASKA ENERGY AUTHORITY TRANSFER/AIDEA INTERFACE AIDEA INTERFACE DIVISION OF WEIGHTS AND MEASURES ---------------------------------------- COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 FEB 15 TUESDAY 1:30 PM **LOCATION CHANGE TO BELTZ ROOM 211** COMMISSIONER/DIVISION OF ADMINISTRATIVE SERVICES FEB 17 THURSDAY 4:00 PM **TIME & LOCATION CHANGES - TO FAHRENKAMP 203** DIVISION OF ENERGY 1994-02-04 Senate Journal Page 2706 FINANCE SUBCOMMITTEES CONTINUED COMMUNITY & REGIONAL AFFAIRS FEB 22 TUESDAY 9:00 AM **TIME CHANGE** JOINT WITH SENATE COMMUNITY & REGIONAL AFFAIRS FEB 22 TUESDAY 1:30 PM DIVISION OF MUNICIPAL & REGIONAL ASSISTANCE FEB 24 THURSDAY 1:30 PM CHILD CARE PROGRAMS MAR 01 TUESDAY 1:30 PM DIVISION OF COMMUNITY AND RURAL DEVELOPMENT MAR 03 THURSDAY 1:30 PM REVIEW AMENDMENTS MAR 08 TUESDAY 1:30 PM CLOSEOUT - TENTATIVE MAR 10 THURSDAY 1:30 PM CLOSEOUT - TENTATIVE ---------------------------------------- CORRECTIONS SENATE FINANCE 518 FEB 07 MONDAY 5:00 PM FY95 BUDGET OVERVIEW BY DEPARTMENT FEB 10 THURSDAY 11:00 AM INSTITUTIONS OVERVIEW FEB 14 MONDAY 5:00 PM POPULATION MANAGEMENT STRATEGIES OVERVIEW FEB 17 THURSDAY 11:00 AM INMATE HEALTH CARE OVERVIEW FEB 24 THURSDAY 11:00 AM COMMUNITY CORRECTIONS/POINT MACKENZIE PROGRAM FEB 28 MONDAY 5:00 PM FY95 CAPITAL BUDGET OVERVIEW MAR 03 THURSDAY 11:00 AM CLEARY/FEMALE PARITY/LITIGATION UPDATES ---------------------------------------- 1994-02-04 Senate Journal Page 2707 FINANCE SUBCOMMITTEES CONTINUED ENVIRONMENTAL CONSERVATION SENATE FINANCE 518 FEB 07 MONDAY 1:30 PM SPILL PREVENTION AND RESPONSE FEB 14 MONDAY 1:30 PM ENVIRONMENTAL QUALITY FEB 21 MONDAY 1:30 PM NO MEETING SCHEDULED FEB 28 MONDAY 1:30 PM ENVIRONMENTAL HEALTH MAR 07 MONDAY 1:30 PM ADMINISTRATION STATEWIDE PROGRAMS FACILITIES, CONSTRUCTION AND OPERATION MAR 14 MONDAY 1:30 PM TO BE ANNOUNCED ---------------------------------------- FISH AND GAME SENATE FINANCE 518 FEB 15 TUESDAY 2:00 PM COMMISSIONER'S OFFICE DIVISION OF ADMIN SERVICES/HEADQUARTERS (BOARDS) DIVISION OF SPORT FISH FEB 17 THURSDAY 2:00 PM DIVISION OF COMMERCIAL FISHERIES MANAGEMENT ..AND DEVELOPMENT HABITAT AND RESTORATION DIVISION DIVISION OF WILDLIFE CONSERVATION SUBSISTENCE DIVISION ---------------------------------------- GOVERNOR SENATE FINANCE 518 FEB 08 TUESDAY 11:00 AM EXECUTIVE OPERATIONS FEB 15 TUESDAY 11:00 AM COMMISSIONS OFFICE OF MANAGEMENT AND BUDGET 1994-02-04 Senate Journal Page 2708 FINANCE SUBCOMMITTEES CONTINUED GOVERNOR FEB 22 TUESDAY 11:00 AM ELECTIONS MAR 01 TUESDAY 11:00 AM TO BE ANNOUNCED MAR 08 TUESDAY 11:00 AM TO BE ANNOUNCED ---------------------------------------- LEGISLATURE SENATE FINANCE 518 FEB 10 THURSDAY 3:30 PM BUDGET AND AUDIT COMMITTEE OVERVIEW FEB 17 THURSDAY 3:30 PM LEGISLATIVE COUNCIL OVERVIEW FEB 24 THURSDAY 3:30 PM LEGISLATIVE OPERATING BUDGET OVERVIEW MAR 03 THURSDAY 3:30 PM OMBUDSMAN OVERVIEW ---------------------------------------- MILITARY & VETERANS AFFAIRS CAPITOL ROOM 17 FEB 09 WEDNESDAY 5:00 PM REVIEW BUDGET WITH DEPARTMENT REPRESENTATIVES JOINT WITH HOUSE SUBCOMMITTEE ---------------------------------------- NATURAL RESOURCES SENATE FINANCE 518 FEB 08 TUESDAY 3:30 PM **TIME CHANGE** OIL AND GAS CONSERVATION COMMISSION DIVISION OF OIL AND GAS FEB 10 THURSDAY 1:30 PM **TIME CHANGE** DIVISION OF AGRICULTURE 1994-02-04 Senate Journal Page 2709 JOINT COMMITTEES LEGISLATIVE BUDGET AND AUDIT SENATE FINANCE 518 FEB 07 MONDAY 12:00 PM RELEASE OF FINAL SUNSET AUDIT FEB 11 FRIDAY 12:00 PM CONSIDERATION OF RPL'S RELEASE OF FINAL AUDITS CONSIDERATION OF PRELIMINARY AUDITS SPECIAL AUDIT REQUESTS FEB 16 WEDNESDAY 3:30 PM CONSIDERATION OF RPL'S RELEASE OF FINAL AUDITS CONSIDERATION OF PRELIMINARY AUDITS SPECIAL AUDIT REQUESTS ---------------------------------------- SELECT CMTE ON LEGISLATIVE ETHICS FAHRENKAMP ROOM 203 FEB 16 WEDNESDAY 2:00 PM -- OPEN MEETINGS SUBCOMMITTEE WORK SESSION -- TELECONFERENCE <LISTEN ONLY> REVIEW DRAFT GUIDELINES/OPEN MEETING REQUIREMENT PUBLIC HEARING TO BE ANNOUNCED MAR 08 TUESDAY 1:00 PM COMMITTEE OF THE WHOLE ..EXECUTIVE SESSION ..OPEN SESSION HOUSE SUBCOMMITTEE ..EXECUTIVE SESSION MAR 09 WEDNESDAY 11:30 AM COMMITTEE OF THE WHOLE ..OPEN SESSION SENATE SUBCOMMITTEE ..EXECUTIVE SESSION OTHER COMMITTEES MAJORITY CAUCUS FEB 04 FRIDAY 0:00 AM UPON RECESS ---------------------------------------- 1994-02-04 Senate Journal Page 2710 MINORITY CAUCUS BELTZ ROOM 211 FEB 04 FRIDAY 0:00 AM UPON RECESS ---------------------------------------- JOINT SESSION HOUSE CHAMBER FEB 14 MONDAY 11:00 AM HONORABLE FRANK MURKOWSKI UNITED STATES SENATE FEB 16 WEDNESDAY 11:00 AM HONORABLE TED STEVENS UNITED STATES SENATE FEB 16 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS