Legislature(1995 - 1996)
1995-03-27 Senate Journal
Full Journal pdf1995-03-27 Senate Journal Page 0787 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Monday March 27, 1995 Seventy-first Day Pursuant to adjournment the Senate was called to order by President pro tempore Halford at 11:15 a.m. The roll showed eighteen members present. Senators Donley, Pearce were excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Kim Poole of the Douglas United Methodist Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. God our Refuge and Strength: Set our eyes on grander visions of peace, set our hearts on larger fields of compassion, set our feet on higher places, that when the winds may blow and the floods may come, like a tree planted by the water, our nation shall not be moved. Amen. Senator Sharp led the Senate in the pledge of allegiance. CERTIFICATION Senator Miller, Acting Majority Leader, moved and asked unanimous consent that the journals for the sixty-seventh, sixty-eighth, sixty- ninth and seventieth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. 787 1995-03-27 Senate Journal Page 0788 MESSAGES FROM THE HOUSE HB 121 Message of March 24 was read, stating the House concurred in the Senate amendment to HOUSE BILL NO. 121(title am), thus passing: SENATE CS FOR HOUSE BILL NO. 121(RES) "An Act relating to salvage sales of state timber and to negotiated sales of state timber in areas where there exists, or will exist in two years, a high level of unemployment, underutilized manufacturing capacity, and an underutilized cut of timber, timber that will lose substantial economic value due to insects, disease, or fire, or timber to be cleared for nonforest uses." with a Legislative Letter of Intent. HB 137 Message of March 24 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 137(FIN) am, thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 137(FIN) am S(efd fld S) "An Act making supplemental appropriations for the expenses of state government; making capital appropriations; amending operating appropriations; making appropriations to the disaster relief fund and to the Alaska marine highway system fund." STANDING COMMITTEE REPORTS SB 16 The Finance Committee considered SENATE BILL NO. 16 "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation" and recommended it be replaced with 1995-03-27 Senate Journal Page 0789 SB 16 CS FOR SENATE BILL NO. 16(FIN) Signing do pass: Senator Frank, Cochair, Senators Rieger, Sharp. Signing no recommendation: Senator Halford, Cochair, Senator Zharoff. Signing do not pass unless amended: Senator Phillips. Fiscal notes for the Committee Substitute published today from Department of Natural Resources, Department of Fish and Game. Zero fiscal note for the Committee Substitute published today from Department of Revenue. Previous fiscal notes apply to the Committee Substitute. The bill was referred to the Rules Committee. HB 26 The Finance Committee considered CS FOR HOUSE BILL NO. 26(JUD) "An Act amending Rule 15, Alaska Rules of Criminal Procedure, relating to depositions." Signing do pass: Senators Frank, Halford, Cochairs, Senators Rieger, Phillips, Sharp. Signing no recommendation: Senator Zharoff. Zero fiscal note published today from Alaska Court System. Previous House zero fiscal notes. The bill was referred to the Rules Committee. HCR 9 The Transportation Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(TRA) Relating to Alaska School Bus Driver Appreciation Day. Signing do pass: Senator Rieger, Chair, Senators Adams, Green. Signing no recommendation: Senator Lincoln. Previous House zero fiscal note. The resolution was referred to the Rules Committee. 1995-03-27 Senate Journal Page 0790 SB 19 The Rules Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 19 "An Act relating to the location of the convening of the legislature in regular session." Signing to calendar - do not pass: Senator Miller, Chair. Signing to calendar: Senator Pearce. Signing to calendar - no recommendation: Senator Sharp. Signing no recommendation: Senator Salo. Signing do not calendar - do not pass: Senator Duncan. The bill is on today's calendar. SB 91 The Rules Committee considered SENATE BILL NO. 91 "An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV)." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Signing do not calendar: Senators Duncan, Salo. The bill is on today's calendar. HB 92 The Rules Committee considered HOUSE BILL NO. 92 "An Act extending the termination date of the Citizens' Review Panel for Permanency Planning; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Duncan, Salo. Signing no recommendation: Senator Sharp. The bill is on today's calendar. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 91 SENATE BILL NO. 91 "An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV)" was read the second time. Senator Green moved and asked unanimous consent for the adoption of the Health, Education and Social Services Committee Substitute offered on page 577. Without objection, CS FOR SENATE BILL NO. 91(HES) was adopted and read the second time. 1995-03-27 Senate Journal Page 0791 SB 91 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 Ellis objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: CSSB 91(HES) Advance from Second to Third Reading? YEAS: 11 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Donley, Pearce and so, the bill was not advanced to third reading. SB 19 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 19 "An Act relating to the location of the convening of the legislature in regular session" was read the second time. Senator Frank moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 554. Without objection, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 19(FIN) "An Act relating to the location of the convening of the legislature in regular session and to the State Government Relocation Commission" was adopted and read the second time. President pro tempore Halford, stated the bill will appear on the March 28 calendar. 1995-03-27 Senate Journal Page 0792 SECOND READING OF HOUSE BILLS HB 92 HOUSE BILL NO. 92 "An Act extending the termination date of the Citizens' Review Panel for Permanency Planning; and providing for an effective date" was read the second time. Senator Miller, Acting Majority Leader, moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 92 was read the third time. The question being: "Shall HOUSE BILL NO. 92 "An Act extending the termination date of the Citizens' Review Panel for Permanency Planning; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 92 Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 2 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Leman, Lincoln, Miller, Phillips, Rieger, Salo, Taylor, Torgerson, Zharoff Nays: Kelly, Sharp Excused: Donley, Pearce Kelly changed from "Yea" to "Nay". and so, HOUSE BILL NO. 92 passed the Senate. Senator Miller, Acting Majority Leader, moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. HOUSE BILL NO. 92 was signed by the President and Secretary and returned to the House. 1995-03-27 Senate Journal Page 0793 CITATIONS Honoring - Brigadier General Thomas R. Case, Elmendorf Air Force Base Senator(s) Leman, Kelly, Lincoln, Duncan, Taylor, Zharoff, Pearce, Halford, Kelly Representative(s) Martin, Mulder Honoring - Lower Kuskokwim School District Senator(s) Hoffman, Adams, Lincoln, Duncan, Taylor, Zharoff, Pearce, Leman, Kelly In Memoriam - Waldo Lee Bishop Senator(s) Leman, Torgerson, Lincoln, Duncan, Taylor, Zharoff, Pearce Representative(s) G. Davis, G. Phillips In Memoriam - Edna Wise Representative(s) Vezey, Therriault, Kelly, James, Brice, Davies Senator(s) Frank, Miller, Sharp, Lincoln, Duncan, Taylor In Memoriam - Jean Gadbury Representative(s) Vezey, Therriault, Kelly, James, Brice, Davies Senator(s) Frank, Miller, Sharp, Lincoln, Duncan, Taylor Honoring - Noorvik "Bears" Girls Basketball Team, 1A State Champions Senator(s) Adams, Zharoff, Duncan, Lincoln, Hoffman, Leman, Kelly Representative(s) MacLean Honoring - Stan Stephens for his Contributions to Prince William Sound Representative(s) Kubina, Finkelstein Senator(s) Lincoln, Zharoff, Duncan, Ellis, Frank 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. 1995-03-27 Senate Journal Page 0794 Senator Miller, Acting Majority Leader, moved and asked unanimous consent that the notice and publication requirements be waived and the following citation be made a special order of business and be taken up at this time. Without objection, it was so ordered. SPECIAL ORDER OF BUSINESS Honoring - Daniel Weatherly II, Eagle Scout Representative(s) G. Phillips Senator(s) Torgerson, Halford, Green, Lincoln, Hoffman, Leman, Zharoff, Taylor Senator Miller, Acting Majority Leader, moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. UNFINISHED BUSINESS Senator Hoffman moved and asked unanimous consent that he be excused from a call of the Senate on March 29. Without objection, Senator Hoffman was excused. ANNOUNCEMENTS Announcements are at the end of the journal. ENROLLMENT SB 78 SENATE BILL NO. 78 am "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 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 4:15 p.m. on March 23, 1995. 1995-03-27 Senate Journal Page 0795 ADJOURNMENT Senator Miller, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 28, 1995. Without objection, the Senate adjourned at 11:32 a.m. Nancy Quinto Secretary of the Senate March 1995 1995-03-27 Senate Journal Page 0796 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 27 MONDAY 1:30 PM NO MEETING SCHEDULED MAR 29 WEDNESDAY 1:30 PM -- STATEWIDE TELECONFERENCE -- -- NOTE TIME CHANGE -- SB 96 UNFUNDED MANDATES ON MUNICIPALITIES <BILL HELD FROM 3/22/95> SB 136 APPROP: FY 96 CAPITAL PROJECTS BUDGET <CAPITAL MATCHING GRANTS PROGRAM SECTIONS ONLY> MAR 31 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 MAR 27 MONDAY 9:00 AM -- RESCHEDULED FROM 03/24/95 -- AUTHORIZE CAMBRIDGE ENERGY CONTRACT SB 16 INCREASE LAND GRANT TO UNIV. OF ALASKA HB 26 DEPOSITIONS IN CRIMINAL CASES HB 79 MUNICIPAL LAND ERROR CORRECTIONS SB 121 APPROP: U OF A DEFERRED MAINTENANCE SB 80 MUNICIPAL POLICE SERVICES SB 88 PILOT PROGRAM FOR CHARTER SCHOOLS SB 6 LICENSING/REGISTRATION SUSPENSION/DENIAL HB 146 SLED DOG RACE CLASSIC BILLS PREVIOUSLY HEARD MAR 28 TUESDAY 9:00 AM BILLS PREVIOUSLY HEARD 1995-03-27 Senate Journal Page 0797 FINANCE CONTINUED MAR 29 WEDNESDAY 8:00 AM --JOINT WITH HOUSE FINANCE-- CAMBRIDGE ENERGY RESEARCH ASSOCIATES OIL PRICING AND OIL ECONOMICS PRESENTATION MAR 30 THURSDAY 9:00 AM SB 135 PFD NOTICES AND ELIGIBILTY <PENDING REFERRAL> BILLS PREVIOUSLY HEARD ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 27 MONDAY 10:00 AM -- NOTE TIME CHANGE -- SB 98 PERSONAL RESPONSIBILITY ACT OF 1995 SB 134 ATWOOD CHAIR OF JOURNALISM AT U OF AA HB 108 USE PFD'S TO RECOVER WELFARE OVERPAYMENTS MAR 29 WEDNESDAY 9:00 AM NO MEETING SCHEDULED MAR 31 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAR 27 MONDAY 1:30 PM SB 53 OMNIBUS INSURANCE REFORM HB 188 INDECENT PHOTOGRAPHY BELOW BILL PREVIOUSLY HEARD: SB 87 ALCOHOLIC BEVERAGES: LOCAL OPTION & MISC. MAR 29 WEDNESDAY 2:30 PM -- NOTE TIME CHANGE -- COMMITTEE WORK SESSION SJR 14 CONFIRMATION OF MEMBERS OF PUBLIC CORP MAR 31 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAR 28 TUESDAY 1:30 PM SB 95 INSURANCE AGAINST UNINSURED DRIVERS SB 109 CHILD SUPPORT NONPAYMENT/LICENSING BAN BILLS PREVIOUSLY HEARD 1995-03-27 Senate Journal Page 0798 LABOR & COMMERCE CONTINUED MAR 30 THURSDAY 1:30 PM BILLS PREVIOUSLY HEARD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAR 27 MONDAY 3:30 PM -- TELECONFERENCE -- BELOW BILLS PREVIOUSLY HEARD: SB 112 DISCOVERY ROYALTY CREDIT SB 81 CLASSIFYING WOLF AS PREDATOR HB 128 WASTE DISPOSAL PERMIT EXEMPTION SB 69 REPORTING OF HAZARDOUS SUBSTANCE <ABOVE BILL HELD FROM 3/24/95> SJR 20 COMMUNITY DEVELOPMENT FISHING QUOTAS <ABOVE BILL HELD FROM 3/24/95> SB 113 REDUCTION IN ROYALTY FOR CERTAIN USES <ABOVE BILL POSTPONED TO 4/5/95> HB 102 EXTEND BIG GAME COMMERCIAL SERVICES BOARD <ABOVE BILL POSTPONED TO 4/5/95> HB 169 DEPT. NAT RES. IS LEAD AGENCY FOR MINING <ABOVE BILL POSTPONED TO 4/5/95> FAIRBANKS MAR 29 WEDNESDAY 10:00 AM -- TELECONFERENCE -- -- RESCHEDULED FROM 03/25/95 -- SJR 19 AMEND ANILCA TO DEFINE PUBLIC LANDS THIS MEETING WILL BE HELD AT THE FAIRBANKS NORTH STAR BOROUGH ASSEMBLY CHAMBERS, 809 PIONEER ROAD **PLEASE NOTE TIME AND PLACE CHANGES** BUTROVICH ROOM 205 MAR 31 FRIDAY 3:30 PM NO MEETING SCHEDULED APR 03 MONDAY 3:30 PM NO MEETING SCHEDULED APR 05 WEDNESDAY 3:30 PM SB 113 REDUCTION IN ROYALTY FOR CERTAIN USES <ABOVE BILL HELD FROM 3/27/95> HB 102 EXTEND BIG GAME COMMERCIAL SERVICES BOARD <ABOVE BILL HELD FROM 3/27/95> HB 169 DEPT. NAT RES. IS LEAD AGENCY FOR MINING <ABOVE BILL HELD FROM 3/27/95> ---------------------------------------- 1995-03-27 Senate Journal Page 0799 RULES FAHRENKAMP ROOM 203 MAR 27 MONDAY 11:35 AM HB 21 DRIVER'S LIC REVOCATION;ALCOHOL/DRUGS HB 27 DNA TESTING OF VIOLENT OFFENDERS SB 7 NO BAIL FOR FELONS W/PREVIOUS CONVICTIONS SB 46 PROSECUTE JUVENILE AS ADULT IN DIST. CT. SB 58 USE OF TITLE "INDUSTRIAL HYGIENIST" SB 67 UNLAWFUL EVASIONS CLASS A MISDEMEANOR SB 85 1995 REVISOR BILL SB 122 NO UNEMPLOYMENT COMP FOR DIRECT SELLERS MAR 28 TUESDAY 0:00 AM HCR 9 SCHOOL BUS DRIVER APPRECIATION DAY HB 26 DEPOSITIONS IN CRIMINAL CASES SB 16 INCREASE LAND GRANT TO UNIV. OF ALASKA **SUBSTANTIVE HEARING** SB 46 PROSECUTE JUVENILE AS ADULT IN DIST. CT. TO MEET UPON ADJOURNMENT ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAR 28 TUESDAY 3:30 PM SB 110 ADMINISTRATIVE ADJUDICATIONS <TELECONFERENCE ON ABOVE BILL> SB 135 PFD NOTICES AND ELIGIBILTY HB 74 ASSAULT BY ADULTS ON CHILDREN ABOVE BILL HELD FROM 3/23/95 HB 4 PERMANENT FUND DIVIDEND ELIGIBILITY SB 120 STATE VETERANS' HOME FACILITIES HJR 22 ALASKA/RUSSIA MARITIME BOUNDARY HB 42 ABSENTEE VOTING & USE OF FAX MAR 30 THURSDAY 3:30 PM NO MEETING SCHEDULED APR 04 TUESDAY 3:30 PM NO MEETING SCHEDULED APR 06 THURSDAY 3:30 PM -- STATEWIDE TELECONFERENCE -- HJR 20 CONFERENCE OF THE STATES APR 11 TUESDAY 3:30 PM SB 136 APPROP: FY 96 CAPITAL PROJECTS BUDGET <PENDING REFERRAL> ---------------------------------------- 1995-03-27 Senate Journal Page 0800 TRANSPORTATION BUTROVICH ROOM 205 MAR 28 TUESDAY 1:30 PM SB 28 MOTOR VEHICLE REG FEE/EMISS'N INSPECTIONS BILLS PREVIOUSLY HEARD MAR 30 THURSDAY 1:30 PM BILLS PREVIOUSLY HEARD FINANCE SUBCOMMITTEES COMMERCE & ECONOMIC DEVELOPMENT BELTZ ROOM 211 MAR 28 TUESDAY 8:00 AM -- MEETING CANCELLED -- DEPARTMENTAL CLOSE OUT APR 07 FRIDAY 8:00 AM DEPARTMENTAL CLOSE OUT IF NEEDED ---------------------------------------- FISH & GAME BELTZ ROOM 211 MAR 30 THURSDAY 3:30 PM ADMINISTRATIVE SERVICES DEPARTMENTAL CLOSE OUT **NOTE TIME CHANGE** ---------------------------------------- MILITARY & VETERANS AFFAIRS BELTZ ROOM 211 MAR 29 WEDNESDAY 5:00 PM DRAFT FY 96 BUDGET CLOSE OUT REVIEW APR 05 WEDNESDAY 5:00 PM FY 96 OPERATING BUDGET FINAL CLOSE OUT ---------------------------------------- PUBLIC SAFETY SENATE FINANCE 532 MAR 28 TUESDAY 3:30 PM FIRE PREVENTION, HIGHWAY SAFETY PLANNING AGENCY, MOTOR VEHICLES, AK POLICE STANDARDS COUNCIL, VIOLENT CRIMES COMP BOARD, DOMESTIC VIOLENCE/ SEXUAL ASSAULT APR 06 THURSDAY 3:30 PM AK STATE TROOPERS, VPSO'S ---------------------------------------- 1995-03-27 Senate Journal Page 0801 FINANCE SUBCOMMITTEES CONTINUED REVENUE BELTZ ROOM 211 MAR 29 WEDNESDAY 8:00 AM -- MEETING CANCELLED -- PERMANENT FUND DIVIDEND DIVISION AK PERMANENT FUND CORPORATION CHILD SUPPORT ENFORCEMENT MAR 30 THURSDAY 8:00 AM BUDGET CLOSE OUT WITH CAPS FAHRENKAMP ROOM 203 APR 06 THURSDAY 8:00 AM DEPARTMENTAL CLOSE OUT BELTZ ROOM 211 APR 07 FRIDAY 8:00 AM DEPARTMENTAL CLOSE OUT IF NEEDED ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES SENATE FINANCE 532 MAR 27 MONDAY 3:30 PM ALASKA MARINE HIGHWAY SYSTEM ---------------------------------------- UNIVERSITY OF ALASKA SENATE FINANCE 532 MAR 28 TUESDAY 5:00 PM STATEWIDE PROGRAMS, UAS