Legislature(1993 - 1994)
1994-03-30 Senate Journal
Full Journal pdf1994-03-30 Senate Journal Page 3403 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Wednesday March 30, 1994 Eightieth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:26 a.m. The roll showed eighteen members present. Senators Adams, Phillips were excused from a call of the Senate. The prayer was offered by the Chaplain, Major Raymond Gilman of the Salvation Army. Senator Taylor moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our Father, God, We are a privileged people to live in a country where freedom is not a dream or a prayer but a reality; in a state that is overly blessed with beauty, natural resources, and a people that are dedicated to see that these attributes are never destroyed. Many of the men and women gathered here have left their homes and families to serve the people of this state, to give of themselves to make Alaska an even better place to live, and to take the necessary steps to guarantee that our children and our children's children will be able to enjoy the land, the waters and every good thing that is here. God, we ask that when all is said and done, each person will know that they have done what was right, honest, and for the good of all. 3403 1994-03-30 Senate Journal Page 3404 The challenges of the business of the state are far beyond any one person, but when people can come together and incorporate into a team, nothing is impossible. May this group of people be willing to listen, talk, share ideas, and then do what must be done regardless of the pressures, so that they need never regret or be ashamed of how they voted. Grant them wisdom, peace of mind, and the courage that will make the difference. This we pray in Your Holy Name. Amen. Senator Zharoff led the Senate in the pledge of allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the seventy-ninth legislative day and Senate and House Joint Journal Supplement No. 17 be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Message of March 29 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 299 CS FOR HOUSE BILL NO. 299(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 14 but not yet 21 years of age; to fees for reinstatement of a driver's license; and providing for an effective date." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. 1994-03-30 Senate Journal Page 3405 HB 330 CS FOR HOUSE BILL NO. 330(TRA) BY THE HOUSE TRANSPORTATION COMMITTEE, entitled: "An Act relating to the use of natural gas as a motor vehicle fuel in state-owned vehicles and to the Department of Transportation and Public Facilities' authority to participate in joint ventures related to natural gas." was read the first time and referred to the Transportation and Labor and Commerce Committees. HB 347 CS FOR HOUSE BILL NO. 347(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions." was read the first time and referred to the State Affairs and Finance Committees. HB 450 HOUSE BILL NO. 450 BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to investment pools for public entities; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. HB 467 HOUSE BILL NO. 467 BY REPRESENTATIVES MACLEAN, Hoffman, Nicholia, entitled: 1994-03-30 Senate Journal Page 3406 HB 467 "An Act relating to housing programs of the Alaska Housing Finance Corporation and of regional housing authorities, and permitting regional housing authorities to make, originate, and service loans for the purchase and development of residential housing in the state's small communities." was read the first time and referred to the Community and Regional Affairs, Labor and Commerce and Judiciary Committees. HB 518 HOUSE BILL NO. 518 BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act extending the termination date of the Board of Governors of the Alaska Bar Association; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. STANDING COMMITTEE REPORTS SB 310 The Resources Committee considered SENATE BILL NO. 310 "An Act relating to the management and sale of state timber; relating to the classification of state land that would preclude harvesting of timber or would designate harvesting of timber as an incompatible use; relating to the administration of forest land, proposals for state forest, and the determination of sustained yield; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 310(RES), entitled: "An Act relating to the management and sale of state timber and relating to the administration of forest land." Signing do pass: Senator Miller, Chair, Senators Frank, Leman, Pearce. Signing do not pass: Senator Zharoff. 1994-03-30 Senate Journal Page 3407 SB 310 Zero fiscal note for the bill and the committee substitute published today from Department of Natural Resources. SENATE BILL NO. 310 was referred to the Rules Committee. SB 359 The Labor and Commerce Committee considered SENATE BILL NO. 359 "An Act relating to investment pools for public entities; and providing for an effective date." Signing do pass: Senator Kelly, Chair, Senator Rieger. Signing no recommendation: Senators Salo, Lincoln. Zero fiscal notes published today from Department of Revenue, Department of Administration. SENATE BILL NO. 359 was referred to the Finance Committee. HJR 34 The Resources Committee considered HOUSE JOINT RESOLUTION NO. 34 Requesting the Department of Commerce to give a high priority to fisheries development project grants for the Alaska salmon industry. Signing do pass: Senator Miller, Chair, Senators Leman, Zharoff, Pearce, Frank. Zero fiscal note published today from Department of Fish and Game. HOUSE JOINT RESOLUTION NO. 34 was referred to the Finance Committee. The Senate proceeded to: ANNOUNCEMENTS HB 529 Senator Rieger, Vice Chair, moved and asked unanimous consent that the notice requirement be waived on HOUSE BILL NO. 529 "An Act amending the medical assistance and community developmental disabilities grants appropriations in sec. 38, ch. 65, SLA 1993; and providing for an effective date" for the Rules Committee meeting to be held upon recess. Without objection, it was so ordered. 1994-03-30 Senate Journal Page 3408 RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess. Without objection, the Senate recessed at 11:35 a.m. AFTER RECESS The Senate reconvened at 11:48 a.m. The Senate continued with: STANDING COMMITTEE REPORTS HB 529 The Rules Committee considered HOUSE BILL NO. 529 "An Act amending the medical assistance and community developmental disabilities grants appropriations in sec. 38, ch. 65, SLA 1993; and providing for an effective date" and recommended it be placed on today's supplemental calendar. Signing to calendar and do pass: Senator Halford, Chair, Senators Little, Jacko, Rieger, Zharoff. HOUSE BILL NO. 529 is on today's supplemental calendar. Senator Taylor moved and asked unanimous consent that the Supplemental Calendar be adopted. Without objection, it was so ordered. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 370 SENATE BILL NO. 370 BY THE SENATE TRANSPORTATION COMMITTEE BY REQUEST, entitled: "An Act providing an exemption from gambling laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state outside of ports; defining `cruise ship'; and providing for the licensing of certain cruise ships before they can conduct gambling in the offshore water of the state." 1994-03-30 Senate Journal Page 3409 SB 370 was read the first time and referred to the Judiciary and Finance Committees. SB 371 SENATE BILL NO. 371 BY THE SENATE RESOURCES COMMITTEE, entitled: "An Act providing for exploration incentive credits for activities involving locatable and leasable minerals and coal deposits on certain land in the state; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. SB 372 SENATE BILL NO. 372 BY THE SENATE JUDICIARY COMMITTEE BY REQUEST, entitled: "An Act relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; relating to the definition of `alcoholic beverage'; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs, Judiciary and Finance Committees. CONSIDERATION OF THE CALENDAR CITATIONS Honoring - Delbert "Deb" Anderson by Representative(s) Larson, Menard, Carney Senator(s) Kerttula, Rieger, Zharoff, Pearce, Duncan Honoring - Tuluksak Heroes by Senator(s) Lincoln, Adams, Little, Zharoff, Pearce, Leman, Duncan Representative(s) Nicholia 1994-03-30 Senate Journal Page 3410 In Memoriam - Matushka E. Gromoff by Senator(s) Jacko, Adams, Leman, Lincoln, Zharoff, Pearce, Duncan, Halford In Memoriam - Zenia Kolyaha by Senator(s) Jacko, Lincoln, Zharoff, Pearce, Duncan, Halford Honoring - Colony Knights Hockey Team by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Zharoff, Pearce, Leman, Phillips, Duncan, Lincoln Honoring - Jeanne White by Representative(s) Sitton Senator(s) Zharoff, Pearce, Donley, Duncan, Little, Ellis, Lincoln In Memoriam - Charles W. "Charlie" Davis by Representative(s) Davies, Brice, James, Sitton, Vezey Senator(s) Frank, Sharp, Zharoff, Pearce, Donley, Duncan, Lincoln, Halford Honoring - Walter Keok Nayokpuk, 1993 Alaska Federation of Natives President's Small Business Award by Representative(s) MacLean Senator(s) Adams, Zharoff, Pearce, Leman, Donley, Duncan, Little, Lincoln, Halford, Kerttula, Rieger Honoring - Ada and Ross Ahngasak, 1993 Alaska Federation of Natives President's Award Parents of the Year by Representative(s) MacLean Senator(s) Adams, Zharoff, Pearce, Donley, Duncan, Little, Lincoln, Halford, Leman Honoring - Robert Aiken, 1993 Alaska Federation of Natives President's Culture Bearer by Representative(s) MacLean Senator(s) Adams, Zharoff, Pearce, Donley, Duncan, Little, Lincoln Honoring - Up With People by Representative(s) Hudson, Ulmer Senator(s) Duncan, Zharoff, Pearce, Donley, Little, Lincoln, Halford 1994-03-30 Senate Journal Page 3411 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. SUPPLEMENTAL CALENDAR SECOND READING OF HOUSE BILLS HB 529 HOUSE BILL NO. 529 "An Act amending the medical assistance and community developmental disabilities grants appropriations in sec. 38, ch. 65, SLA 1993; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 529 be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 529 was read the third time. The question being: "Shall HOUSE BILL NO. 529 "An Act amending the medical assistance and community developmental disabilities grants appropriations in sec. 38, ch. 65, SLA 1993; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 529 Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Adams, Phillips and so, HOUSE BILL NO. 529 passed the Senate. 1994-03-30 Senate Journal Page 3412 HB 529 Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. UNFINISHED BUSINESS HB 529 Senator Pearce gave notice of reconsideration on HOUSE BILL NO. 529 "An Act amending the medical assistance and community developmental disabilities grants appropriations in sec. 38, ch. 65, SLA 1993; and providing for an effective date" and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered. HOUSE BILLS IN THIRD READING HB 529 HOUSE BILL NO. 529 was before the Senate in third reading on reconsideration. The question to be reconsidered: "Shall HOUSE BILL NO. 529 "An Act amending the medical assistance and community developmental disabilities grants appropriations in sec. 38, ch. 65, SLA 1993; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 529 Third Reading - On Reconsideration Effective Date YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Adams, Phillips and so, HOUSE BILL NO. 529 passed the Senate on reconsideration. 1994-03-30 Senate Journal Page 3413 HB 529 Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. HOUSE BILL NO. 529 was signed by the President and Secretary and returned to the House. UNFINISHED BUSINESS Senator Little moved and asked unanimous consent that she be excused from a call of the Senate from 7 p.m., March 31 to April 5, plane time. Without objection, Senator Little was excused. Senators Rieger, Duncan, Frank, Kelly, Sharp, Halford, Miller, Kerttula, Zharoff, Lincoln moved and asked unanimous consent that they be excused from a call of the Senate on April 5 until plane time. Without objection, the Senators were excused. Senator Donley moved and asked unanimous consent that he be excused from a call of the Senate on March 31. Without objection, Senator Donley was excused. UNFINISHED BUSINESS SB 286 Senator Lincoln requested that the reconsideration on CS FOR SENATE BILL NO. 286(RLS) "An Act relating to special conditions of mandatory parole; relating to conditions of mandatory and discretionary parole; extending the termination date of the Board of Parole; and providing for an effective date" be taken up. SENATE BILLS IN THIRD READING SB 286 CS FOR SENATE BILL NO. 286(RLS) was before the Senate on reconsideration. 1994-03-30 Senate Journal Page 3414 SB 286 Senator Lincoln moved that CS FOR SENATE BILL NO. 286(RLS) be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Lincoln offered Amendment No. 1 : Page 2, line 7: Delete "and" Add "or" Senator Lincoln moved for the adoption of Amendment No. 1. Senator Leman objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 286(RLS) Second Reading Amendment No. 1 YEAS: 15 NAYS: 3 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kerttula, Lincoln, Little, Miller, Pearce, Rieger, Salo, Taylor, Zharoff Nays: Kelly, Leman, Sharp Excused: Adams, Phillips and so, Amendment No. 1 was adopted. CS FOR SENATE BILL NO. 286(RLS) am was automatically in third reading. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 286(RLS) am "An Act relating to special conditions of mandatory parole; relating to conditions of mandatory and discretionary parole; extending the termination date of the Board of Parole; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1994-03-30 Senate Journal Page 3415 SB 286 CSSB 286(RLS) am Third Reading - On Reconsideration Effective Date YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Adams, Phillips and so, CS FOR SENATE BILL NO. 286(RLS) am passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. CS FOR SENATE BILL NO. 286(RLS) am was referred to the Secretary for engrossment. SB 303 The reconsideration on SENATE BILL NO. 303 "An Act relating to voter eligibility, voter registration, and voter registration agencies; and providing for an effective date" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 286 CS FOR SENATE BILL NO. 286(RLS) am "An Act relating to special conditions of mandatory parole; relating to conditions of mandatory and discretionary parole; extending the termination date of the Board of Parole; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1994-03-30 Senate Journal Page 3416 SB 303 SENATE BILL NO. 303 "An Act relating to voter eligibility, voter registration, and voter registration agencies; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 9:00 a.m., March 31, 1994. Without objection, the Senate adjourned at 12:19 p.m. Nancy Quinto Secretary of the Senate March 1994 1994-03-30 Senate Journal Page 3417 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 MAR 31 THURSDAY 9:00 AM NO MEETING SCHEDULED APR 05 TUESDAY 9:00 AM NO MEETING SCHEDULED APR 07 THURSDAY 9:00 AM HB 446 ENVIRONMENTAL CONSERVATION AGREEMENTS ---------------------------------------- FINANCE SENATE FINANCE 518 MAR 30 WEDNESDAY 9:00 AM CAMBRIDGE ENERGY RESEARCH ASSOCIATES, INC. ..OIL PRICE FORECAST & OTHER MARKET PREDICTIONS <TELECONFERENCE> JOINT WITH HOUSE FINANCE COMMITTEE BILLS PREVIOUSLY HEARD MAR 31 THURSDAY 8:00 AM **TIME CHANGE** ADMINISTRATIVE OVERVIEW OF SB 67 MENTAL HEALTH TRUST AMENDMENTS BILLS PREVIOUSLY HEARD (SHOULD THE HEARING LAST PAST 9:00 AM, IT WILL RECONVENE FOLLOWING ADJOURNMENT OF SESSION) SB 363 APPROP: FY 95 CAPITAL PROJECTS AND GRANTS <CONTINUATION OF AGENCY PROJECTS ONLY> ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 30 WEDNESDAY 1:30 PM SB 231 PAY PHYSICIAN ASSTS UNDER MEDICAID SB 301 REVISE FOUNDATION FORMULA, SMALL SCHOOLS <TELECONFERENCE ON ABOVE BILLS - LISTEN ONLY> SB 367 HEALTH CARE REFORM COMMITTEES <TELECONFERENCE ON ABOVE BILL> BILLS PREVIOUSLY HEARD APR 01 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- 1994-03-30 Senate Journal Page 3418 JUDICIARY BELTZ ROOM 211 MAR 30 WEDNESDAY 1:30 PM BILLS PREVIOUSLY HEARD HCR 29 COMMEND AIR FORCE: ENVIR IMPACT STATEMENT SB 213 APUC EXTENSION AND REGULATORY COST CHARGE SB 228 NO BAIL FOR FELONS W/PREVIOUS CONVICTIONS SB 280 ESTABLISH AFOGNAK ISLAND STATE PARK APR 01 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP ROOM 203 MAR 31 THURSDAY 1:30 PM SB 305 LICENSING OF LANDSCAPE ARCHITECTS SB 346 REPORT CHARITABLE GAMING WINNERS SB 347 LIMITED LIABILITY COMPANIES SB 348 LIMITED LIABILITY PARTNERSHIPS HB 394 UNIFORM LIMITED PARTNERSHIP ACT UPDATE APR 19 TUESDAY 1:30 PM CONFIRMATION OF APPOINTMENTS ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAR 30 WEDNESDAY 3:30 PM SB 355 ADJUSTMENTS FOR DEFECTIVE SURVEY SB 325 TAKING OF ANTLERLESS MOOSE <TELECONFERENCE ON ABOVE BILL> BILLS PREVIOUSLY HEARD APR 01 FRIDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAR 30 WEDNESDAY 11:35 AM ***TIME TO BE ANNOUNCED**** SB 310 STATE/PRIVATE/MUNI TIMBER OPERATION/SALE HB 529 APPROP: AMEND CERTAIN FY 94 APPROPS <UNIFORM RULE 23 WAIVED> APR 05 TUESDAY 0:00 AM **TO MEET UPON ADJOURNMENT** SR 5 NO. PACIFIC FISHERY MANAGEMENT COUNCIL ---------------------------------------- 1994-03-30 Senate Journal Page 3419 STATE AFFAIRS BUTROVICH ROOM 205 MAR 30 WEDNESDAY 9:00 AM SB 365 GOVERNOR'S OMNIBUS BILL SB 358 ELIMINATE SOME STATE MULTIMEMBER BODIES SB 357 REQUIRED REPORTS OF STATE AGENCIES HB 315 THEFT OF SUBSCRIPTION TV SERVICES HB 323 RELEASE OF CERTAIN DEATH CERT. INFO HB 402 PROOF OF MOTOR VEHICLE INSURANCE APR 01 FRIDAY 9:00 AM NO MEETING SCHEDULED APR 04 MONDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 MAR 31 THURSDAY 3:30 PM SR 4 MOTOR VEHICLE EMISSION INSPECTION SB 343 COURTESY CARS OPERATED AT AIRPORTS SB 227 MOTOR VEHICLE RENTAL TERMS HB 407 COMMEMORATIVE GOLD RUSH LICENSE PLATES FINANCE SUBCOMMITTEES TRANSPORTATION & PUBLIC FACILITIES BELTZ ROOM 211 MAR 31 THURSDAY 3:30 PM ********CANCELLED******** APR 07 THURSDAY 3:30 PM BUDGET CLOSEOUT <TENTATIVE> <RESCHEDULED FROM 03/31/94> JOINT COMMITTEES SELECT CMTE ON LEGISLATIVE ETHICS BELTZ ROOM 211 APR 14 THURSDAY 1:00 PM **MEETING WILL CONTINUE INTO THE EVENING** AGENDA TO BE DISTRIBUTED AT LATER DATE APR 15 FRIDAY 8:00 AM **MEETING WILL CONTINUE UNTIL START OF SESSION** AGENDA TO BE DISTRIBUTED AT LATER DATE ---------------------------------------- 1994-03-30 Senate Journal Page 3420 LEGISLATIVE COUNCIL CAPITOL ROOM 30 APR 06 WEDNESDAY 4:00 PM STATUTE PUBLICATION RFP EVALUATION SUBCOMMITTEE ..WILL MEET IN EXECUTIVE SESSION TO DISCUSS ..EVALUATION OF RFP NO. 240 OTHER COMMITTEES CHILDREN'S CAUCUS BUTROVICH ROOM 205 MAR 30 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS APR 13 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS APR 27 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS ---------------------------------------- JOINT SESSION HOUSE CHAMBER APR 07 THURSDAY 10:00 AM HONORABLE TED STEVENS UNITED STATES SENATE