Legislature(1995 - 1996)

1995-01-26 Senate Journal

Full Journal pdf

1995-01-26                     Senate Journal                      Page 0091
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                     NINETEENTH LEGISLATURE - FIRST SESSION                    
                                                                               
                                                                               
Juneau, Alaska                      Thursday          January 26, 1995         
                                                                               
                                  Eleventh Day                                 
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:15 a.m.                                                           
                                                                               
The roll showed eighteen members present.  Senator Lincoln was                 
excused from a call of the Senate.  Senator Ellis was absent.                  
                                                                               
The prayer was offered by the Chaplain, The Reverend Laura                     
Minnich Lockey of the Holy Trinity Episcopal Church.                           
                                                                               
Senator Sharp led the Senate in the pledge of allegiance.                      
                                                                               
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Halford moved and asked unanimous consent that the journal             
for the tenth legislative day be approved as certified by the                  
Secretary.  Without objection, it was so ordered.                              
                                                                               
The presence of Senator Ellis was noted.                                       
                                                                               
                                                                               
                           MESSAGES FROM THE HOUSE                           
                                                                               
Message dated January 25 was read stating:                                     
                                                                               
The House has confirmed the appointments of Ed Granger and                     
Margie Mac Neille as public members to the Select Committee on                 
Legislative Ethics.                                                            
                                                                               
                                                                               
                                       91                                      

1995-01-26                     Senate Journal                      Page 0092
Message dated January 23 was read stating:                                     
                                                                               
The House of Representatives respectfully invites the Senate to a              
Joint Session at 11:00 a.m. on Wednesday March 22, for the purpose             
of hearing a State of the Judiciary address by the Honorable Chief             
Justice Daniel Moore, Jr.                                                      
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
accept the House invitation to meet in Joint Session.  Without                 
objection, it was so ordered.                                                  
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports were received and are on file in the Office of           
the Secretary of the Senate:                                                   
                                                                               
Alaska Public Utilities Commission, 1994 Annual Report and                     
Statistical Information                                                        
from Don Schroer, Chairman                                                     
in accordance with AS 42.05.211 and AS 42.06.220                               
                                                                               
Report on Nonpermanent and Emergency Employment for 1994,                      
dated January, 1995                                                            
from Michael P. McMullen, Acting Director, Division of                         
Personnel/Office of Equal Employment Opportunity, Department of                
Administration                                                                 
in accordance with AS 39.25.195(h)                                             
(Distributed to all Senators)                                                  
                                                                               
Annual Examination and Evaluation of the Alaska Commercial                     
Fishing and Agricultural Bank                                                  
from William L. Hensley, Commissioner, Department of Commerce                  
and Economic Development                                                       
in accordance with AS 44.81.270(c)                                             
                                                                               
Recommendations of the Local Boundary Commission to the First                  
Session of the Nineteenth Legislature, January 25, 1995                        
from Darroll Hargraves, Chairperson, at-large                                  
in accordance with AS 44.47.567, AK Constitution, Art. X, Sec. 12              
Received:  1/25/95 (11:47 a.m.)                                                

1995-01-26                     Senate Journal                      Page 0093
This report will appear in House and Senate Joint Journal                      
Supplement No. 5.                                                              
                                                                               
President Pearce referred the report to the Community and Regional             
Affairs Committee.                                                             
                                                                               
                                                                               
                          STANDING COMMITTEE REPORTS                         
                                                                               
SJR 7                                                                        
The Judiciary Committee considered SENATE JOINT RESOLUTION                     
NO. 7 Relating to mandates imposed on the states by the federal                
government.  Signing do pass: Senator Taylor, Chair, Senators Green,           
Miller.  Signing no recommendation: Senators Ellis, Adams.                     
                                                                               
Zero fiscal note for the resolution published today from the Senate            
Judiciary Committee.                                                           
                                                                               
SENATE JOINT RESOLUTION NO. 7 was referred to the Rules                        
Committee.                                                                     
                                                                               
                                                                               
                         INTRODUCTION AND REFERENCE OF                        
                              SENATE RESOLUTIONS                              
                                                                               
SCR 6                                                                        
SENATE CONCURRENT RESOLUTION NO. 6 Strongly urging the                         
Governor to continue the lawsuit known as State of Alaska v.                   
Babbitt, C.A. No. 94-35480, and to pursue the State of Alaska's                
position that the United States Secretary of the Interior and Secretary        
of Agriculture do not have the authority to assume management of               
fish and wildlife on public land in the State of Alaska, which had             
been held on the Secretary's Desk (page 81), was read a second                 
time.                                                                          
                                                                               
Zero fiscal note for the resolution published today from the Senate.           
                                                                               
Senator Halford moved for the adoption of SENATE                               
CONCURRENT RESOLUTION NO. 6.                                                   
                                                                               
Senator Halford called the Senate.                                             
                                                                               

1995-01-26                     Senate Journal                      Page 0094
SCR 6                                                                        
The question being: "Shall SENATE CONCURRENT RESOLUTION                        
NO. 6 Strongly urging the Governor to continue the lawsuit known               
as State of Alaska v. Babbitt, C.A. No. 94-35480, and to pursue the            
State of Alaska's position that the United States Secretary of the             
Interior and Secretary of Agriculture do not have the authority to             
assume management of fish and wildlife on public land in the State             
of Alaska, pass the Senate?"  The roll was taken with the following            
result:                                                                        
                                                                               
SCR 6                                                                          
Final Passage                                                                  
                                                                               
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor, Torgerson                                               
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Salo, Zharoff                    
                                                                               
Excused:  Lincoln                                                              
                                                                               
and so, SENATE CONCURRENT RESOLUTION NO. 6 passed the                          
Senate.                                                                        
                                                                               
Senator Duncan gave notice of reconsideration.                                 
                                                                               
                                                                               
                  INTRODUCTION AND REFERENCE OF SENATE BILLS                 
                                                                               
SB 4                                                                         
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 4 BY                                    
SENATORS TAYLOR, Kelly, Sharp, Halford, entitled:                              
                                                                               
"An Act allowing a person under age 21 to be                                  
arrested by a peace officer without a warrant for                              
illegal possession, consumption, or control of                                 
alcohol; classifying certain offenses related to                               
driving while intoxicated or failure to submit to a                            
chemical test as felonies; and providing for an                                
effective date."                                                               
(new title)                                                                   
                                                                               

1995-01-26                     Senate Journal                      Page 0095
SB 4                                                                         
was read the first time and referred to the State Affairs and Judiciary        
Committees.                                                                    
                                                                               
SB 54                                                                        
SENATE BILL NO. 54 BY THE SENATE LABOR AND                                     
COMMERCE COMMITTEE BY REQUEST, entitled:                                       
                                                                               
"An Act relating to exclusive service areas for                               
utilities certificated to provide electric utility service                     
and to the definition of `general public' for utilities                        
furnishing electric service."                                                  
                                                                               
was read the first time and referred to the State Affairs, Labor and           
Commerce and Finance Committees.                                               
                                                                               
SB 55                                                                        
SENATE BILL NO. 55 BY SENATOR TORGERSON, entitled:                             
                                                                               
"An Act repealing the sunset of the enhanced 911                              
emergency reporting systems."                                                  
                                                                               
was read the first time and referred to the Labor and Commerce                 
Committee.                                                                     
                                                                               
                                                                               
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                                  CITATIONS                                  
                                                                               
Honoring - Don "Dusty" Johnson, Honorable Mention Top Cop                      
Award                                                                          
Representative(s) Brice                                                        
Senator(s) Frank, Sharp, Miller, Halford, Donley, Pearce, Leman,               
Torgerson, Lincoln, Duncan                                                     
                                                                               
Honoring - The League of Women Voters 75th Anniversary                         
Representative(s) Robinson                                                     
Senator(s) Duncan, Pearce, Salo, Lincoln, Green, Zharoff, Donley,              
Ellis, Torgerson                                                               
                                                                               
                                                                               

1995-01-26                     Senate Journal                      Page 0096
Honoring - The Alaska School Nurses Association                              
Representative(s) B. Davis                                                     
Senator(s) Zharoff, Donley, Halford, Pearce, Ellis, Lincoln, Rieger,           
Salo, Duncan                                                                   
                                                                               
In Memoriam - Max Gifford, Jr.                                                 
Senator(s) Kelly, Halford, Zharoff, Pearce, Ellis, Phillips, Salo,             
Donley, Duncan, Taylor, Adams, Rieger                                          
                                                                               
Senator Halford moved and asked unanimous consent that the                     
citations be adopted.  Without objection, the citations were adopted           
and referred to the Secretary for transmittal.                                 
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Senator Duncan moved and asked unanimous consent that he be                    
excused from a call of the Senate from April 3 through April 7.                
Without objection, Senator Duncan was excused.                                 
                                                                               
Senator Ellis moved and asked unanimous consent that he be                     
excused from a call of the Senate on February 3 and February 6,                
plane time.  Without objection, Senator Ellis was excused.                     
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in adjournment until 9:00 a.m., January 27, 1995.  Without               
objection, the Senate adjourned at 12:27 p.m.                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                          January 1995         

1995-01-26                     Senate Journal                      Page 0097
                                ANNOUNCEMENTS                                
                                                                               
                    NOTICE - AMERICANS WITH DISABILITIES ACT                   
                                                                               
	Persons with disabilities who require special accommodation or                
alternative communication formats to access committee meetings may contact     
the appropriate committee office or the Legislative Information Office in      
their community. Reasonable advance notice is needed to accommodate the        
request. For further information, call the ADA Coordinator at 465-3854         
Voice/465-4980 TDD.                                                            
                                                                               
                                                                               
                             STANDING COMMITTEES                             
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                               BUTROVICH ROOM 205                              
JAN 27                               FRIDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
JAN 30                               MONDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
FEB 01                             WEDNESDAY                   1:30 PM         
 	ORGANIZATIONAL MEETING AND AN OVERVIEW OF THE                                
 	DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS                                 
BY                                                                             
 	COMMISSIONER DESIGNEE MIKE IRWIN                                             
                                                                               
FEB 03                               FRIDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 518                              
JAN 26                              THURSDAY                   9:00 AM         
 	COMMITTEE PROCEDURES REVIEW                                                  
                                                                               
JAN 26                              THURSDAY                   9:30 AM         
 	PRESENTATION BY ANNALEE MCCONNELL                                            
 	..DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET                                  
                    ----------------------------------------                   
                                                                               
                                                                               

1995-01-26                     Senate Journal                      Page 0098
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
JAN 27                               FRIDAY                    9:00 AM         
 	NO MEETING SCHEDULED                                                         
                                                                               
JAN 30                               MONDAY                    9:00 AM         
 	NO MEETING SCHEDULED                                                         
                                                                               
FEB 01                             WEDNESDAY                   9:00 AM         
SCR  1	FOUNDATION FORMULA TASK FORCE                                           
                                                                               
FEB 03                               FRIDAY                    9:00 AM         
SB  22	APPROP: K-12 SUPPORT; DEBT RETIREMENT                                   
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
FEB 08                             WEDNESDAY                   9:00 AM         
SB  39	MEMORIAL SCHOLARSHIP LOANS                                              
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
FEB 10                               FRIDAY                    9:00 AM         
 	***JOINT COMMITTEE MEETING WITH HOUSE HESS***                                
 	PRESENTATION BY THE COUNCIL ON DISABILITIES AND                              
 	SPECIAL EDUCATION                                                            
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
JAN 27                               FRIDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
JAN 30                               MONDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
FEB 01                             WEDNESDAY                   1:30 PM         
SB  10	CRIMINAL DISCOVERY RULES                                                
SB  13	DNA EVIDENCE                                                            
SB  14	INCREASED PENALTIES FOR JOYRIDING                                       
                                                                               
FEB 03                               FRIDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                                                               

1995-01-26                     Senate Journal                      Page 0099
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
JAN 26                              THURSDAY                   1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
JAN 31                              TUESDAY                    1:30 PM         
SB  47	APUC EXTENSION AND REGULATORY COST CHARGE                               
                                                                               
FEB 02                              THURSDAY                   1:30 PM         
SB  45	DAMAGES & ATTY FEES FOR UNPAID WAGES                                    
SB  55	REPEALING SUNSET OF ENHANCED 911 SYSTEM                                 
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
JAN 27                               FRIDAY                    3:30 PM         
SB   3	ANTITRUST EXEMPTION FOR FISHERMEN                                       
 	<BILL HELD OVER FROM 1/25/95                                                 
SB  21	FINES FOR COMMERCIAL FISHING VIOLATIONS                                 
 	<BILL HELD OVER FROM 1/25/95                                                 
SJR  3	EXPORT OF ALASKA OIL                                                    
 	<BILL HELD OVER FROM 1/25/95                                                 
 	-- TELECONFERENCE --                                                         
                                                                               
JAN 30                               MONDAY                    3:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
FEB 01                             WEDNESDAY                   3:30 PM         
 	HEARING ON OIL AND GAS INCENTIVES FOR                                        
 	DEVELOPMENT AND PRODUCTION OF OIL AND GAS                                    
 	..GUESTS WILL INCLUDE OIL COMPANIES AND                                      
 	DEPARTMENT OF NATURAL RESOURCES, DIVISION                                    
 	OF OIL AND GAS                                                               
SJR  6	TRANSFER FED. LAND TO POST-1846 STATES                                  
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
FEB 03                               FRIDAY                    3:30 PM         
SB  41	REPORTS BY OUT OF STATE FISHING VESSELS                                 
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                              FAHRENKAMP ROOM 203                              
JAN 26                              THURSDAY                  12:30 PM         
SJR  7	OPPOSING FEDERAL MANDATES ON STATES                                     

1995-01-26                     Senate Journal                      Page 0100
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
JAN 26                              THURSDAY                   3:30 PM         
SB  19	LEGISLATIVE SESSIONS TO BE IN ANCHORAGE                                 
SCR  2	REIMBURSEMENT FOR TRAVEL TO CAPITAL CITY                                
SCR  3	LONG RANGE FINANCIAL PLANNING COMMISSION                                
                                                                               
JAN 31                              TUESDAY                    3:30 PM         
SCR  4	POET LAUREATE OF ALASKA                                                 
SJR 11	LIMITING TERMS OF LEGISLATORS                                           
SB  40	APPROP: AHFC TO GENERAL FUND                                            
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
FEB 02                              THURSDAY                   3:30 PM         
SB   6	LICENSING/REGISTRATION SUSPENSION/DENIAL                                
SB  37	END PERMANENT FUND DIVIDEND HOLD HARMLESS                               
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                               BUTROVICH ROOM 205                              
JAN 26                              THURSDAY                   1:30 PM         
 	ORGANIZATIONAL MEETING                                                       
                                                                               
JAN 31                              TUESDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
FEB 02                              THURSDAY                   1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                       ADMINISTRATIVE REGULATION REVIEW                      
                                                                               
JAN 31                              TUESDAY                   12:00 PM         
SB  25	REPEAL VEGETABLE DEALER LICENSING                                       
 	-- TELECONFERENCE --                                                         
                    ----------------------------------------                   
                                                                               
                          LEGISLATIVE BUDGET & AUDIT                         
                               HOUSE FINANCE 519                               
JAN 26                              THURSDAY                   4:00 PM         
 	ORGANIZATIONAL MEETING                                                       
                                                                               
                                                                               

1995-01-26                     Senate Journal                      Page 0101
                     LEGISLATIVE BUDGET & AUDIT CONTINUED                    
                                                                               
FEB 02                              THURSDAY                   3:00 PM         
 	OVERSIGHT HEARING                                                            
 	AK HOUSING FINANCE CORPORATION                                               
                                                                               
FEB 09                              THURSDAY                   3:00 PM         
 	OVERSIGHT HEARING                                                            
 	CONTINUATION OF AK HOUSING FINANCE CORPORATION                               
                                                                               
FEB 16                              THURSDAY                   3:00 PM         
 	OVERSIGHT HEARING                                                            
 	AK INDUSTRIAL DEVELOPMENT AND EXPORT                                         
	AUTHORITY (AIDEA)