Legislature(1995 - 1996)

1995-03-06 Senate Journal

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1995-03-06                     Senate Journal                      Page 0487
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                     NINETEENTH LEGISLATURE - FIRST SESSION                    
                                                                               
                                                                               
Juneau, Alaska                       Monday              March 6, 1995         
                                                                               
                                  Fiftieth Day                                 
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:06 a.m.                                                           
                                                                               
The roll showed fifteen members present.  Senators Halford, Kelly,             
Taylor were excused from a call of the Senate.  Senators Ellis, Frank          
were absent.                                                                   
                                                                               
The prayer was offered by the Chaplain, Father Michael Oleksa of               
the St. Nicholas Russian Orthodox Church.  Senator Duncan moved                
and asked unanimous consent that the prayer be spread.  Without                
objection, it was so ordered.                                                  
                                                                               
I would like to dedicate this morning's invocation                            
in honor and in memory of the Most Reverend                                    
Bishop Michael Hughes Kenny of the Roman                                       
Catholic Diocese who suddenly died February 19th                               
in Jordan and whose memorial service and burial                                
were celebrated this Saturday at the Shrine of St.                             
Therese.                                                                       
                                                                               
Bishop Michael was a good friend and neighbor                                 
both of my parish on Fifth Street here in Juneau                               
and of this Capital.  He was a man of integrity, of                            
faith, and of joy, a great man, a great Alaskan.  I                            
have adapted his favorite prayer, the prayer of St.                            
Francis of Assisi, as an invocation for the Senate                             
today.  Let us pray:                                                           
                                                                               
Lord, make us instruments of Your peace.                                      
	Where there is discord, let us sow unity;                                     
	where there is injury, pardon;                                                
	                                                                              
                                      487                                      

1995-03-06                     Senate Journal                      Page 0488
	where there is enmity, peace;                                                 
	where there is despair, hope;                                                 
	where there is darkness, light;                                               
	and where there is sadness, joy.                                              
O Divine Master, grant that we may not so much                                
seek to be consoled as to console;                                             
	to be understood as to understand;                                            
	to be served as to serve.                                                     
	For it is in giving that we receive;                                          
	it is in pardoning that we are pardoned; and                                  
it is in dying that we are born to eternity.   Amen.                          
                                                                               
Senator Torgerson led the Senate in the pledge of allegiance.                  
                                                                               
The presence of Senator Ellis was noted.                                       
                                                                               
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Miller, Acting Majority Leader, moved and asked unanimous              
consent that the journals for the forty-seventh, forty-eighth and forty-       
ninth legislative days be approved as certified by the Secretary.              
Without objection, it was so ordered.                                          
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
Letter of March 3 was read, stating in accordance with AS 39.05.080            
and Article III Sections 25 and 26 of the Alaska Constitution, I               
submit the following names for legislative confirmation of                     
appointment to the positions noted:                                            
                                                                               
Commissioner - Department of Education                                       
	Shirley J. Holloway, Ph.D.                                                    
		Appointed:  03/01/95                                                         
                                                                               
The appointment was referred to the Health, Education and Social               
Services Committee.                                                            
                                                                               
Board of Certified Real Estate Appraisers                                    
	Paige Hodson, Anchorage                                                       
		Appointed: 03/01/95; Expires: 06/30/98                                       

1995-03-06                     Senate Journal                      Page 0489
The appointment was referred to the Labor and Commerce                         
Committee.                                                                     
                                                                               
The resumes for these appointments have been submitted to the                  
Offices of the Senate Secretary and the Chief Clerk.                           
                                                                               
                                                                               
                           MESSAGES FROM THE HOUSE                           
                                                                               
SCR 4                                                                        
Message of March 3 was read, stating the House passed and                      
returned:                                                                      
                                                                               
SENATE CONCURRENT RESOLUTION NO. 4                                            
Naming the Poet Laureate of Alaska.                                           
                                                                               
The resolution was referred to the Secretary for enrollment.                   
                                                                               
Message of March 3 was read, stating the House passed and                      
transmitted for consideration:                                                 
                                                                               
                                                                               
                  FIRST READING AND REFERENCE OF HOUSE BILLS                 
                                                                               
HB 9                                                                         
CS FOR HOUSE BILL NO. 9(FIN) BY THE HOUSE FINANCE                              
COMMITTEE, entitled:                                                           
                                                                               
"An Act relating to recovery of damages from a                                
person having legal custody of a minor when                                    
property is destroyed by the minor, and to recovery                            
from a minor's permanent fund dividend for injury                              
or damage caused by the minor."                                                
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
HB 42                                                                        
CS FOR HOUSE BILL NO. 42 (STA) am BY THE HOUSE STATE                           
AFFAIRS COMMITTEE, entitled:                                                   
                                                                               

1995-03-06                     Senate Journal                      Page 0490
HB 42                                                                        
"An Act relating to absentee voting, to electronic                            
transmission of absentee ballot applications, and to                           
delivery of ballots to absentee ballot applicants by                           
electronic transmission, and enacting a definition of                          
the term `state election' for purposes of absentee                             
voting."                                                                       
                                                                               
was read the first time and referred to the State Affairs, Judiciary           
and Finance Committees.                                                        
                                                                               
HB 135                                                                       
CS FOR HOUSE BILL NO. 135(FIN) BY THE HOUSE FINANCE                            
COMMITTEE, entitled:                                                           
                                                                               
"An Act authorizing the Alaska Commission on                                  
Postsecondary Education to adopt regulations                                   
necessary to determine and set an interest rate                                
applicable to a student loan for which money is                                
disbursed on or after July 1, 1995, and regulations                            
necessary to implement certain loan default                                    
sanctions and consolidation of loan provisions                                 
beginning July 1, 1995; and providing for an                                   
effective date"                                                                
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
HB 169                                                                       
CS FOR HOUSE BILL NO. 169(RES) BY THE HOUSE                                    
RESOURCES COMMITTEE, entitled:                                                 
                                                                               
"An Act defining the scope of the responsibility of                           
the Department of Natural Resources for regulating                             
the mineral resources of the state."                                           
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               

1995-03-06                     Senate Journal                      Page 0491
                          STANDING COMMITTEE REPORTS                         
                                                                               
SB 14                                                                        
The Judiciary Committee considered SENATE BILL NO. 14 "An                      
Act relating to criminal mischief" and recommended it be replaced              
with                                                                           
                                                                               
CS FOR SENATE BILL NO. 14(JUD)                                                
                                                                               
Signing do pass: Senator Taylor, Chair.  Signing no recommendation:            
Senators Green, Miller, Adams.                                                 
                                                                               
Fiscal notes for the Committee Substitute published today from                 
Department of Law, Department of Public Safety, Alaska Court                   
System.  Zero fiscal notes for the Committee Substitute published              
today from Department of Corrections, Department of Public Safety.             
Fiscal notes for the bill published today from Department of                   
Corrections, Alaska Court System.  Zero fiscal notes for the bill              
published today from Department of Law, Department of Public                   
Safety (2).                                                                    
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
SB 46                                                                        
The Judiciary Committee considered SENATE BILL NO. 46 "An                      
Act revising the provision of law under which a minor may be                   
charged, prosecuted, and sentenced as an adult in the district court,          
and adding to the list of offenses for which a minor may be                    
prosecuted as an adult in the district court" and recommends the               
following amendment:                                                           
                                                                               
Page 1, line 2, after "district court,":                                     
	Delete "and"                                                                
                                                                               
Page 1, line 4, after "court":                                               
	Insert ", amending the criminal jurisdiction of the district                 
court to provide for the disposition of certain offenses relating to           
possession, control, or consumption of alcoholic beverages by a                
person under 21 years of age and possession of tobacco by a                    
person under 19 years of age, and amending the penalty                         
applicable to persons under 21 years of age who possess, control,              
or consume alcoholic beverages"                                               

1995-03-06                     Senate Journal                      Page 0492
SB 46                                                                        
Page 1, following line 5:                                                      
	Insert new bill sections to read:                                             
   "* Section 1.  AS04.16.050 is amended by adding a new                     
	subsection to read:                                                           
	(b)  A person who violates (a) of this                                       
section is guilty of a violation.  Upon conviction in                          
the district court, the court may impose a fine of                             
not less than $100.                                                            
   * Sec. 2.  AS04.16.180(a) is amended to read:                             
	(a)  Except as provided in AS04.11.015,                                      
AS04.16.050(b), 04.16.051 [AS04.16.051], 04.16.200 -                       
04.16.210, and AS04.21.065, a person who violates a                            
provision of this title or a regulation adopted by the board                   
is guilty, upon conviction, of a class A misdemeanor.  Each                    
violation is a separate offense.                                               
   * Sec. 3.  AS22.15.060(a) is amended to read:                             
	(a)  The district court has jurisdiction                                     
		(1)  of the following crimes:                                               
		(A)  a misdemeanor, unless                                                 
otherwise provided in this chapter;                                            
		(B)  a violation of an ordinance of                                        
a political subdivision;                                                       
		(C)  a violation of AS04.16.050                                          
or AS11.76.105;                                                              
		(2)  to provide post-conviction relief under                                
the Alaska Rules of Criminal Procedure, if the conviction                      
occurred in the district court."                                               
                                                                               
Page 1, line 6:                                                                
	Delete "Section 1."                                                         
	Insert "Sec. 4."                                                            
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 2, line 11:                                                               
	Delete "minor"                                                            
	Insert "person under 19 years of age"                                     
                                                                               
Signing do pass: Senator Taylor, Chair, Senators Green, Miller.                
Signing no recommendation: Senator Adams.                                      
                                                                               

1995-03-06                     Senate Journal                      Page 0493
SB 46                                                                        
Fiscal notes for the bill with the proposed Judiciary Committee                
amendment published today from Alaska Court System.  Zero fiscal               
notes for the bill and the proposed Judiciary Committee amendment              
published today from Department of Health and Social Services (3).             
Zero fiscal note for the proposed Judiciary Committee amendment                
published today from Department of Law.  Fiscal notes for the bill             
published today from Alaska Court System, Department of Law.                   
                                                                               
President Pearce added a referral to the Finance Committee.                    
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
SB 100                                                                       
The Health, Education and Social Services Committee considered                 
SENATE BILL NO. 100 "An Act relating to unfair discrimination                  
against a physician assistant or acupuncturist under a group health            
insurance policy."  Signing no recommendation: Senator Green,                  
Chair, Senators Miller, Salo.  Signing do pass: Senator Leman.                 
                                                                               
Zero fiscal note published today for all departments from Department           
of Administration.                                                             
                                                                               
The bill was referred to the Labor and Commerce Committee.                     
                                                                               
HJR 18                                                                       
The Health, Education and Social Services Committee considered                 
HOUSE JOINT RESOLUTION NO. 18 am Relating to medical                           
savings account legislation.  Signing do pass: Senator Green, Chair,           
Senators Miller, Leman.                                                        
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The resolution was referred to the Rules Committee.                            
                                                                               
HB 39                                                                        
The Health, Education and Social Services Committee considered CS              
FOR HOUSE BILL NO. 39(JUD) "An Act relating to the authority                   
of mobile intensive care paramedics, physician assistants, and                 
emergency medical technicians to pronounce death under certain                 
circumstances."  Signing do pass: Senator Green, Chair, Senators               
Miller, Leman.  Signing no recommendation: Senator Salo.                       

1995-03-06                     Senate Journal                      Page 0494
HB 39                                                                        
Previous House zero fiscal notes.                                              
                                                                               
The bill was referred to the Judiciary Committee.                              
                                                                               
                         INTRODUCTION AND REFERENCE OF                        
                              SENATE RESOLUTIONS                              
                                                                               
SJR 19                                                                       
SENATE JOINT RESOLUTION NO. 19 BY SENATORS MILLER,                             
Pearce,                                                                        
                                                                               
Requesting the Congress to amend the Alaska                                   
National Interest Lands Conservation Act to clarify                            
that the term "public lands" means only federal land                           
and water and that any extension of federal                                    
jurisdiction onto adjacent land and water is                                   
expressly prohibited.                                                          
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
                  INTRODUCTION AND REFERENCE OF SENATE BILLS                 
                                                                               
SB 109                                                                       
SENATE BILL NO. 109 BY SENATOR ELLIS, entitled:                                
                                                                               
"An Act relating to certain licenses and applications                         
for licenses for persons who are not in substantial                            
compliance with orders, judgments, or payment                                  
schedules for child support; and providing for an                              
effective date."                                                               
                                                                               
was read the first time and referred to the Labor and Commerce and             
Finance Committees.                                                            
                                                                               
SB 110                                                                       
SENATE BILL NO. 110 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
"An Act relating to administrative adjudication under                         
the Administrative Procedure Act."                                             

1995-03-06                     Senate Journal                      Page 0495
SB 110                                                                       
was read the first time and referred to the State Affairs and Judiciary        
Committees.                                                                    
                                                                               
Zero fiscal notes published today from Department of Public Safety,            
Department of Education (2), Department of Transportation and                  
Public Facilities, Department of Health and Social Services,                   
Department of Fish and Game, Department of Law, Department of                  
Administration, Department of Environmental Conservation,                      
Department of Commerce and Economic Development (4),                           
Department of Labor.                                                           
                                                                               
Governor's transmittal letter dated March 6:                                   
                                                                               
Dear President Pearce:                                                         
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution,          
I am transmitting a bill relating to administrative adjudication under         
the Administrative Procedure Act (APA).                                        
                                                                               
This bill would make changes to the APA in order to streamline,                
and cut costs of, administrative adjudication.  Technical amendments           
to the affected sections are also made in the bill for clarification and       
simplification.  The changes made in this bill will assist in reducing         
costs and providing more clarity to participants in administrative             
adjudications.                                                                 
                                                                               
Sections 1, 2, and 9 of the bill allow the use of certified, rather than       
registered mail.  The latter is more expensive and provides no better          
notice than the former.  Registered mail costs $2 more than certified,         
and is metal-tagged to allow for easier tracing if it is lost in transit;      
it is more appropriately used when the actual contents of the mail             
are valuable or irreplaceable.  Section 1 of the bill also provides for        
service of a statement of issues by mailing to the last address                
provided by the applicant.                                                     
                                                                               
Under existing AS44.62.410(a), the place of a hearing is determined            
by the senate districts as they existed in 1959 (i.e., Southeastern            
Senate District).  In a note following that statute, the revisor of            
statutes has noted that those old senate districts are somewhat similar        
                                                                               
                                                                               

1995-03-06                     Senate Journal                      Page 0496
SB 110                                                                       
to the boundaries of judicial districts established under AS 22.10.010.        
Section 3 of the bill amends AS44.62.410(a) to change the                      
terminology to instead refer to the comparable judicial district.              
                                                                               
Section 4 of the bill provides for routine telephonic participation in         
hearings.  Current law gives any party veto power over telephonic              
hearings.  In this electronic age, telephonic participation should be          
routinely allowed absent some due process reason compelling                    
personal attendance.  This change will allow substantial savings to            
the state and respondents.                                                     
                                                                               
In sec. 5 of the bill, reimbursement for witness subsistence expenses          
is raised from $15 a day, set in 1959, to the compensation amount              
paid to state employees.  The new rate was chosen because court                
rules for witness travel compensation require compensation at "the             
rate allowed state employees."  In sec. 5, the source of that rate is          
identified.  Sections 5 and 6 of the bill contain technical changes to         
make other witness fee provisions of AS44.62.430 more                          
understandable.                                                                
                                                                               
Section 7 of the bill provides express authorization for discovery.            
Presently, the APA provides a limited and cumbersome process for               
taking depositions, and no other discovery is authorized.                      
                                                                               
Section 8 of the bill provides an express statement of the burden and          
standard of proof.  A consistent standard is needed because hearing            
officers are now assigning varying standards of proof: either the              
"preponderance of the evidence" standard or the "clear and                     
convincing evidence" standard.  The "preponderance of the evidence"            
standard is the most appropriate.  In  Amerada Hess Pipeline v.               
Alaska Public Utilities Commission, 711 P.2d 1170, 1179 n.14                  
(Alaska 1986), the Alaska Supreme Court held that "[a] party in an             
administrative proceeding can assume that preponderance of the                 
evidence is the standard of proof unless otherwise stated."                    
                                                                               
The "clear and convincing" standard of proof is rarely used by the             
Alaska courts.  At common law, this higher standard was used in                
cases involving fraud; oral contracts to make a will; specific                 
performance on an oral contract; and proceedings to modify written             
transactions.  However, Alaska has departed from the common law                
so that no more than a  preponderance  of the evidence is necessary            

1995-03-06                     Senate Journal                      Page 0497
SB 110                                                                       
to establish fraud.  Dairy Queen v. Travelers Indemnity, 748 P.2d            
1169 (Alaska 1988); Gabaig v. Gabaig, 717 P.2d 835, 839 n. 4                 
(Alaska 1986); Saxton v. Harris, 395 P.2d 71, 72 (Alaska 1964).  In          
Cavanah v. Martin, 590 P.2d 41 (Alaska 1979), the court reversed             
a lower court decision that required clear and convincing proof of a           
claim against an estate, holding that such claims need only be                 
proved by a preponderance of the evidence.                                     
                                                                               
A judicial determination to waive children's court jurisdiction over           
a juvenile, and to subject the juvenile to adult criminal court                
jurisdiction, is based on a preponderance of the evidence standard of          
proof.  W.M.F. v. State, 723 P.2d 1298 (Alaska 1986).  In Avery v.          
State, the court held that the use of a preponderance standard was            
appropriate in a parole revocation hearing.  616 P.2d 872, 874                 
(Alaska 1980).  In order to adjudicate a child as a child in need of           
aid (which generally results in state custody over the child for a             
period of years), the preponderance standard applies.  Children's              
Rule 15(c).  The clear and convincing standard does not apply unless           
the court is also terminating parental rights.  Id.                          
                                                                               
The Alaska Supreme Court has held that the use of the                          
preponderance standard, rather than the clear and convincing standard          
was proper in attorney discipline cases.  In re Walton, 676 P.2d             
1078, 1085 n. 11 (Alaska 1983); In re Robson, 575 P.2d 771                   
(Alaska 1978); cf. In re Hanson, 532 P.2d 303 (Alaska 1975) ("clear        
and convincing" standard applied to judicial discipline case).                 
                                                                               
Section 10 of the bill clarifies the time period for requesting                
reconsideration of an agency decision.  Some respondents (including            
those represented by attorneys) have viewed AS44.62.540(a) as                  
allowing a full 30 days to file a petition for reconsideration, giving         
no time for the agency to review the petition and determine whether            
to order reconsideration.  The amended language will clearly inform            
a respondent of the limited time in which he or she may file a                 
petition for reconsideration.  The amended language was taken from             
comparable court rules.  See Civil Rule 77(k) and App. Rule 506(b).          
                                                                               
                                                                               

1995-03-06                     Senate Journal                      Page 0498
SB 110                                                                       
I urge your favorable action on this bill.                                     
                                                                               
						Sincerely,                                                               
						/s/                                                                      
						Tony Knowles                                                             
						Governor                                                                 
                                                                               
SB 111                                                                       
SENATE BILL NO. 111 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
"An Act relating to the payment of Aid to Families                            
with Dependent Children in the case of pregnant                                
minors and minors who are parents; authorizing                                 
special projects within the program of Aid to                                  
Families with Dependent Children to create                                     
self-sufficiency and training opportunities;                                   
authorizing the Department of Health and Social                                
Services to seek waivers from the federal                                      
government necessary to implement the special                                  
projects; affecting disbursement of child support                              
payments under certain circumstances for purposes                              
of one of the special projects; and providing for an                           
effective date."                                                               
                                                                               
was read the first time and referred to the Health, Education and              
Social Services and Finance Committees.                                        
                                                                               
Fiscal notes published today from Department of Health and Social              
Services (11).  Zero fiscal notes published today from Department              
of Revenue, Department of Commerce and Economic Development.                   
                                                                               
Governor's transmittal letter dated March 6:                                   
                                                                               
Dear President Pearce:                                                         
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution,          
I am transmitting a bill that requires the Department of Health and            
Social Services (department) to operate four demonstration projects            
designed to reshape the state's Aid to Families with Dependent                 
Children  (AFDC)  public  assistance  program  to  enable  Alaska's            

1995-03-06                     Senate Journal                      Page 0499
SB 111                                                                       
families with dependent children to move from dependency to                    
economic self-sufficiency.  The bill directs the department to seek            
waivers and approval from the federal government necessary to                  
implement the demonstration projects.  This bill also authorizes the           
department to make changes, by regulation, to the AFDC public                  
assistance program that are consistent with the demonstration projects         
if federal law is revised so that waivers are not required.  The bill          
additionally makes a change generally to the AFDC program to                   
require unmarried minor parents to live with their parent, guardian,           
or other adult as a condition of eligibility.  Certain exemptions from         
this requirement are provided in the bill.                                     
                                                                               
The four demonstration projects proposed by the bill are:  1) a                
diversion project that will provide an alternative to long-term AFDC           
benefits for families that require only a brief period of assistance; 2)       
a community work pilot project in which an urban area grantee and              
a rural grantee each will administer the project on a local basis to           
provide job training and community-based alternatives to families; 3)          
an unemployed parent project that will establish a family contract             
designed to establish family self-sufficiency within three years; and          
4) a self-employment project that will allow recipients of assistance          
with an approved business plan to accumulate assets for a                      
microenterprise while establishing a business.  All of these projects          
place the focus of the AFDC program on preparing dependent                     
families for jobs and self-sufficiency.                                        
                                                                               
Section 3 sets out the short title of the jobs portion of the bill as          
"The Jobs for Families with Dependent Children Act."  Sections 4               
and 5 of the bill set out the purpose of the bill and establish the            
findings that guide the reshaping of the AFDC program to provide               
jobs for dependent families.                                                   
                                                                               
Section 6 of the bill requires the department to establish the                 
demonstration projects proposed in the bill by requesting waivers              
from the federal government.  It also outlines alternatives if changes         
in federal law make waivers unnecessary or if the projects would no            
longer be cost effective.                                                      
                                                                               
Section 7 of the bill outlines a diversion program in which certain            
job-ready AFDC applicants may be diverted from long-term                       
dependency by means of a lump-sum cash payment and related                     

1995-03-06                     Senate Journal                      Page 0500
SB 111                                                                       
services aimed at promptly establishing self-sufficiency.  By meeting          
immediate needs and by providing immediate referrals to resources,             
this project is intended to provide a safety net for families that might       
have become dependent upon AFDC.                                               
                                                                               
Section 8 of the bill outlines community work pilot projects that              
would operate in at least two areas of the state, in which grants may          
be provided to community  organizations  to design a set of services           
and activities to meet job training and community service needs.  In           
this program, it is expected that by placing project control in the            
hands of local organizations, the individual's and the community's             
needs can be better met.                                                       
                                                                               
Section 9 of the bill outlines an unemployed parent project in which           
two-parent families that receive AFDC would be expected to develop             
a family plan to establish self-sufficiency within three years after           
entering the project.  Each participating family would sign a contract         
that sets out the benchmarks of the plan and the services and                  
referrals that would be designed to achieve the plan.                          
                                                                               
Section 10 of the bill establishes a self-employment project in which          
AFDC recipients with approved business plans may accumulate                    
business assets and deduct business expenses from income while                 
working to establish a microenterprise.  This project is very similar          
to the one proposed in HB 14.                                                  
                                                                               
The bill also provides regulation-adoption authority so that the               
department can set detailed program guidelines in regulations.                 
                                                                               
The bill provides an immediate effective date for sec. 6 of the bill,          
so that the department can begin the process of designing and                  
securing federal approval for the demonstration projects.  The                 
specific projects will take effect as the department receives federal          
demonstration project authority or makes a determination that waivers          
are no longer necessary because of changes in federal law.  The bill           
contains a July1, 2001 repeal date for the demonstration projects.             
                                                                               
Sections 1, 2, 13, and 15 of the bill contain the provisions that allow        
the department to immediately implement the new AFDC eligibility               
requirement for unmarried minor parents.                                       
                                                                               

1995-03-06                     Senate Journal                      Page 0501
SB 111                                                                       
The demonstration projects proposed in this bill will enable the state         
to reshape its AFDC public assistance program to provide jobs for              
dependent families.  I urge your support of this bill.                         
                                                                               
						Sincerely,                                                               
						/s/                                                                      
						Tony Knowles                                                             
						Governor                                                                 
                                                                               
                                                                               
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 78                                                                        
SENATE BILL NO. 78 "An Act related to the authority of certain                 
beverage dispensary licensees to stock alcoholic beverages in guest            
rooms and prohibiting certain room rentals for the purpose of                  
providing alcoholic beverages to a person under 21 years of age"               
was read the second time.                                                      
                                                                               
Senator Miller, Acting Majority Leader, moved and asked unanimous              
consent that the bill be considered engrossed, advanced to third               
reading and placed on final passage.  Senator Adams objected.                  
                                                                               
The presence of Senator Frank was noted.                                       
                                                                               
Senator Miller moved and asked unanimous consent to withdraw his               
advancement motion.  Without objection, it was so ordered.                     
                                                                               
                                                                               
                                  CITATIONS                                  
                                                                               
Honoring - Mat-Su Amateur Hockey Association Squirt "B" Team                   
Representative(s) Ogan, Kohring, Masek                                         
Senator(s) Green, Halford, Phillips, Duncan, Pearce, Leman, Taylor,            
Hoffman                                                                        
                                                                               
In Memoriam - Paul Tiulana                                                     
Representative(s) Foster                                                       
Senator(s) Adams, Zharoff, Duncan, Lincoln, Taylor, Hoffman                    

1995-03-06                     Senate Journal                      Page 0502
Senator Miller, 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.          
                                                                               
                                                                               
                                  ENROLLMENT                                 
                                                                               
SCR 4                                                                        
SENATE CONCURRENT RESOLUTION NO. 4 Naming the Poet                             
Laureate of 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 12:55 p.m.,                
March 6, 1995.                                                                 
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Miller, Acting Majority Leader, moved and asked unanimous              
consent that the Senate stand in adjournment until 11:00 a.m., March           
7, 1995.  Without objection, the Senate adjourned at 11:29 a.m.                
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                            March 1995         

1995-03-06                     Senate Journal                      Page 0503
                                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                              
MAR 06                               MONDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
MAR 08                             WEDNESDAY                   1:30 PM         
SB  87	ALCOHOLIC BEVERAGES: LOCAL OPTION & MISC.                               
SB  96	UNFUNDED MANDATES ON MUNICIPALITIES                                     
                                                                               
MAR 10                               FRIDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 520                              
MAR 07                              TUESDAY                    9:00 AM         
 	-- MEETING POSTPONED --                                                      
SB  57	APPROP: SUPPLEMENTAL FOR FY 95                                          
HB 137	APPROP: SUPPLEMENTAL FOR FY 95                                          
 	<PENDING REFERRAL>                                                           
                                                                               
MAR 08                             WEDNESDAY                   9:00 AM         
 	<CONSIDER IDENTICAL BILLS>                                                   
HB 135	STUDENT LOANS                                                           
SB  59	REGULATIONS FOR STUDENT LOANS                                           
SB  21	FINES FOR COMMERCIAL FISHING VIOLATIONS                                 
SB  39	MEMORIAL SCHOLARSHIP LOANS                                              
SJR 14	CONFIRMATION OF MEMBERS OF PUBLIC CORP                                  
                                                                               
                                                                               

1995-03-06                     Senate Journal                      Page 0504
                              FINANCE CONTINUED                              
MAR 09                              THURSDAY                   9:00 AM         
 	BILLS PREVIOUSLY HEARD:                                                      
SB  19	LEGISLATIVE SESSIONS TO BE IN ANCHORAGE                                 
SB  37	END PERMANENT FUND DIVIDEND HOLD HARMLESS                               
SB  40	APPROP: AHFC TO GENERAL FUND                                            
SB  84	APPROP: TO PERMANENT FUND PRINCIPAL                                     
 	PREVIOUSLY SCHEDULED BILLS:                                                  
SB  70	PUBLIC SCHOOL FOUNDATION PROGRAM                                        
SB  36	BRINDLE SCHOLARSHIP LOANS                                               
 	<PUBLIC HEARING NOTICE WAIVED>                                               
                                                                               
MAR 10                               FRIDAY                    9:00 AM         
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
MAR 06                               MONDAY                    9:00 AM         
SB 100	DISCRIMINATION UNDER GROUP HEALTH INS.                                  
HB  39	AUTHORITY TO PRONOUNCE DEATH                                            
HJR 18	SUPPORT MEDICAL SAVINGS ACCT LEGISLATION                                
                                                                               
MAR 08                             WEDNESDAY                   9:00 AM         
SB  88	PILOT PROGRAM FOR CHARTER SCHOOLS                                       
 	<BILL HELD OVER FROM 3/1/95>                                                 
SB  91	CRIMINAL TRANSMISSION OF HIV                                            
SB  98	PERSONAL RESPONSIBILITY ACT OF 1995                                     
                                                                               
MAR 10                               FRIDAY                    9:00 AM         
SB  98	PERSONAL RESPONSIBILITY ACT OF 1995                                     
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
MAR 06                               MONDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
MAR 08                             WEDNESDAY                   1:30 PM         
HB  27	DNA TESTING OF VIOLENT OFFENDERS                                        
HB  26	DEPOSITIONS IN CRIMINAL CASES                                           
SB  67	UNLAWFUL EVASIONS CLASS A MISDEMEANOR                                   
SB   7	NO BAIL FOR FELONS W/PREVIOUS CONVICTIONS                               
                                                                               
MAR 10                               FRIDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                                                               

1995-03-06                     Senate Journal                      Page 0505
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
MAR 07                              TUESDAY                    1:30 PM         
SB  25	REPEAL VEGETABLE DEALER LICENSING                                       
SB  58	USE OF TITLE "INDUSTRIAL HYGIENIST"                                     
SB  99	ARCHITECT, ENGINEER & SURVEYOR REGULATION                               
SB  43	ARCHITECTS, ENGINEERS, LAND SURVEYORS                                   
                                                                               
MAR 09                              THURSDAY                   1:30 PM         
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
MAR 06                               MONDAY                    3:30 PM         
SUBCOMMITTEE MEETING ON SB 49: BRD OF FISHERIES                                
SB  56	RIGHTS IN TIDE/SUBMERGED LAND                                           
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
MAR 08                             WEDNESDAY                   3:30 PM         
 	WORK SESSION ON COMMITTEE BILLS                                              
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
MAR 10                               FRIDAY                    3:30 PM         
SB  16	INCREASE LAND GRANT TO UNIV. OF ALASKA                                  
SB  77	INTENSIVE MANAGEMENT OF GAME                                            
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                              FAHRENKAMP ROOM 203                              
MAR 06                               MONDAY                   11:30 AM         
HCR  5	PEARL HARBOR REMEMBRANCE DAY                                            
HCR  8	WOMEN'S HISTORY MONTH                                                   
HB 121	SALVAGE TIMBER SALES                                                    
 	TO MEET UPON ADJOURNMENT                                                     
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
MAR 07                              TUESDAY                    3:30 PM         
SB  85	1995 REVISOR BILL                                                       
SJR 15	GOV & LT GOV MUST RECEIVE 50 % VOTE                                     
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
                                                                               

1995-03-06                     Senate Journal                      Page 0506
                           STATE AFFAIRS CONTINUED                           
MAR 09                              THURSDAY                   3:30 PM         
SB  89	PERMANENT FUND BOARD MEMBERS & STAFF                                    
SB  90	PUBLIC OFFICERS COMPENSATION COMMISSION                                 
SJR 16	LIMIT LEGISLATIVE SESSION TO 90 DAYS                                    
SB  54	ELECTRIC UTIL & SOLID WASTE REMOVAL                                     
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                               BUTROVICH ROOM 205                              
MAR 07                              TUESDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
MAR 09                              THURSDAY                   1:30 PM         
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
                            FINANCE SUBCOMMITTEES                            
                                                                               
                                ADMINISTRATION                               
                              FAHRENKAMP ROOM 203                              
MAR 06                               MONDAY                    3:00 PM         
 	DEPARTMENT OF ADMINISTRATION BUDGET OVERVIEW                                 
                    ----------------------------------------                   
                                                                               
                       COMMERCE & ECONOMIC DEVELOPMENT                       
                               BUTROVICH ROOM 205                              
MAR 15                             WEDNESDAY                   8:00 AM         
 	DEPARTMENTAL OVERVIEW                                                        
                                                                               
MAR 21                              TUESDAY                    8:00 AM         
 	DEPARTMENTAL OVERVIEW                                                        
                                                                               
MAR 22                             WEDNESDAY                   8:00 AM         
 	DEPARTMENTAL OVERVIEW                                                        
                                                                               
MAR 28                              TUESDAY                    8:00 AM         
 	DEPARTMENTAL CLOSE OUT                                                       
                                                                               
APR 07                               FRIDAY                    8:00 AM         
 	DEPARTMENTAL CLOSE OUT IF NEEDED                                             
                    ----------------------------------------                   
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                              FAHRENKAMP ROOM 203                              
MAR 08                             WEDNESDAY                   3:00 PM         
 	OVERVIEW OF AGENCY STAFFING AND OPERATIONS                                   
                    ----------------------------------------                   
                                                                               
                                                                               

1995-03-06                     Senate Journal                      Page 0507
                       FINANCE SUBCOMMITTEES CONTINUED                       
                                 CORRECTIONS                                 
                               SENATE FINANCE 520                              
MAR 06                               MONDAY                    1:30 PM         
 	OVERVIEWS OF FY96 BUDGET                                                     
                                                                               
MAR 08                             WEDNESDAY                   1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
MAR 10                               FRIDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                 COURT SYSTEM                                
                               SENATE FINANCE 520                              
MAR 07                              TUESDAY                    1:30 PM         
 	COURT SYSTEM OPERATING BUDGET OVERVIEW                                       
                    ----------------------------------------                   
                                                                               
                                  EDUCATION                                  
                               SENATE FINANCE 520                              
MAR 09                              THURSDAY                   3:00 PM         
 	OVERVIEWS:  SCHOOL FINANCE, EDUCATION PROGRAM                                
 	SUPPORT, AND KNOWLES BUDGET AMENDMENTS                                       
                    ----------------------------------------                   
                                                                               
                          ENVIRONMENTAL CONSERVATION                         
                               SENATE FINANCE 520                              
MAR 07                              TUESDAY                    9:00 AM         
 	NO MEETING SCHEDULED                                                         
                                                                               
MAR 10                               FRIDAY                    9:00 AM         
 	OIL & HAZARDOUS SUBSTANCE RELEASE RESPONSE (470)                             
 	FUND, SPILL PREVENTION & RESPONSE BRU, AND                                   
 	RESPONSE FUND ADMINISTRATION COMPONENT OVERVIEWS                             
                    ----------------------------------------                   
                                                                               
                                 FISH & GAME                                 
                                 BELTZ ROOM 211                                
MAR 07                              TUESDAY                    8:00 AM         
 	DEPARTMENTAL OVERVIEW                                                        
                                                                               
MAR 23                              THURSDAY                   8:00 AM         
 	DEPARTMENTAL OVERVIEW                                                        
                                                                               
MAR 30                              THURSDAY                   8:00 AM         
 	DEPARTMENTAL CLOSE OUT                                                       
                    ----------------------------------------                   
                                                                               
                                                                               

1995-03-06                     Senate Journal                      Page 0508
                       FINANCE SUBCOMMITTEES CONTINUED                       
                                    LABOR                                    
                                 BELTZ ROOM 211                                
MAR 06                               MONDAY                    9:00 AM         
 	JOINT HOUSE/SENATE SUBCOMMITTEE MEETING:                                     
 	DEPARTMENT OF LABOR BUDGET OVERVIEW                                          
                    ----------------------------------------                   
                                                                               
                                     LAW                                     
                               SENATE FINANCE 520                              
MAR 09                              THURSDAY                   1:30 PM         
 	DEPARTMENT OF LAW SUBCOMMITTEE                                               
 	DEPARTMENT OF LAW OPERATING BUDGET OVERVIEW                                  
                    ----------------------------------------                   
                                                                               
                         MILITARY & VETERANS AFFAIRS                         
                                CAPITAL ROOM 17                                
MAR 08                             WEDNESDAY                   5:00 PM         
 	JOINT HOUSE/SENATE SUBCOMMITTEE MEETING:                                     
 	DEPARTMENT OF MILITARY & VETERAN'S AFFAIRS                                   
 	ALASKA NATIONAL GUARD & VETERAN'S AFFAIRS                                    
 	OVERVIEW WITH MAJOR GENERAL JAKE LESTENKOF                                   
                    ----------------------------------------                   
                                                                               
                              NATURAL RESOURCES                              
                               SENATE FINANCE 520                              
MAR 07                              TUESDAY                    3:30 PM         
 	JOINT HOUSE/SENATE SUBCOMMITTEE MEETING:                                     
 	MINING DEVELOPMENT, WATER DEVELOPMENT, AND                                   
 	GEOLOGICAL DEVELOPMENT COMPONENTS OF REVENUE                                 
 	DEVELOPMENT BRU; AND PARKS AND RECREATION                                    
 	MANAGEMENT BRU OVERVIEWS                                                     
                    ----------------------------------------                   
                                                                               
                                   REVENUE                                   
                                 BELTZ ROOM 211                                
MAR 08                             WEDNESDAY                   8:00 AM         
 	DEPARTMENTAL OVERVIEW                                                        
                                                                               
MAR 09                              THURSDAY                   8:00 AM         
 	DEPARTMENTAL OVERVIEW                                                        
                                                                               
MAR 29                             WEDNESDAY                   8:00 AM         
 	DEPARTMENTAL OVERVIEW                                                        
                                                                               
APR 06                              THURSDAY                   8:00 AM         
 	DEPARTMENTAL CLOSE OUT                                                       
                                                                               
APR 07                               FRIDAY                    8:00 AM         
 	DEPARTMENTAL CLOSE OUT IF NEEDED                                             

1995-03-06                     Senate Journal                      Page 0509
                               JOINT COMMITTEES                              
                                                                               
                          LEGISLATIVE BUDGET & AUDIT                         
                               HOUSE FINANCE 519                               
MAR 09                              THURSDAY                   4:00 PM         
 	REVIEW AND RELEASE OF AUDITS                                                 
                                                                               
MAR 16                              THURSDAY                   4:00 PM         
 	OVERVIEW OF ALASKA PERMANENT FUND CORPORATION                                
                                                                               
MAR 23                              THURSDAY                   4:00 PM         
 	TREASURY DIVISION CASH FLOW PROBLEMS OVERVIEW                                
                                                                               
                               OTHER COMMITTEES                              
                                                                               
                              CHILDREN'S CAUCUS                              
                               BUTROVICH ROOM 205                              
MAR 08                             WEDNESDAY                  12:00 PM         
 	"BIOLOGICAL DISORDERS IN CHILDREN" PRESENTATION                              
 	BY LAURA ROREM, AK MENTAL HEALTH BOARD                                       
 	"GOVERNOR KNOWLES WELFARE REFORM PACKAGE"                                    
 	OVERVIEW BY DIVISION OF PUBLIC ASSISTANCE                                    
                    ----------------------------------------                   
                                                                               
                       JOINT SENATE AND HOUSE BRIEFING                       
                               SENATE FINANCE 520                              
MAR 08                             WEDNESDAY                   4:30 PM         
 	ATTORNEY GENERAL'S BRIEFING:  STATE/FEDERAL                                  
 	LITIGATION STATUS                                                            
 	ALL LEGISLATORS ARE ENCOURAGED TO ATTEND                                     
 	**POSSIBLE EXECUTIVE SESSION:  AG'S STRATEGY AND                             
 	ASSESSMENT**