Legislature(1995 - 1996)
1995-04-07 Senate Journal
Full Journal pdf1995-04-07 Senate Journal Page 0911 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Friday April 7, 1995 Eighty-second Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:28 a.m. The roll showed eighteen members present. Senator Zharoff was excused from a call of the Senate. Senator Frank was absent. The prayer was offered by the Chaplain, the Reverend A. Gordon Johnson of the Resurrection Lutheran Church. Senator Adams led the Senate in the pledge of allegiance. The presence of Senator Frank was noted. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the eighty-first legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Message of April 6 was read, stating the House passed and transmitted for consideration: 911 1995-04-07 Senate Journal Page 0912 FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 23 CS FOR HOUSE JOINT RESOLUTION NO. 23(FSH) BY THE HOUSE SPECIAL COMMITTEE ON FISHERIES, Relating to the North Pacific Fishery Management Council's inshore/offshore allocations and the Western Alaska Community Development Quota Program. was read the first time and referred to the Resources Committee. COMMUNICATIONS Disclosure letter was received in accordance with AS 24.60 and will be published in Senate Journal Supplement No. 5. The following reports were received and are on file in the Office of the Secretary of the Senate: State of Alaska Commission on Judicial Conduct, 1994 Annual Report from Marla N. Greenstein, Executive Director in accordance with AS 44.99.210 Alaska Plant Materials Center from John W. Cramer, Director, Division of Agriculture, Department of Natural Resources in accordance with AS 03.22.060 Alaska Department of Public Safety 1994 Annual Report from Ronald L. Otte, Commissioner Arkansas Senate Concurrent Resolution No. 2 (declaring the sovereignty of the State of Arkansas under the 10th Amendment to the Constitution of the United States and petitioning Congress to cease and desist mandates that are beyond the scope of its constitutionally-delegated powers) from Ann Cornwell, Secretary of the Senate 1995-04-07 Senate Journal Page 0913 STANDING COMMITTEE REPORTS SB 64 The Transportation Committee considered SENATE BILL NO. 64 "An Act relating to the dissolution of the Alaska Railroad Corporation and providing for a successor corporation; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 64(TRA) Signing do pass: Senator Rieger, Chair, Senators Green, Taylor. Signing no recommendation: Senator Adams. Zero fiscal note published today from the Alaska Railroad Corporation. The bill was referred to the State Affairs Committee. SB 132 The Health, Education and Social Services Committee considered SENATE BILL NO. 132 "An Act relating to judicial review of decisions of school boards relating to nonretention or dismissal of teachers" and recommended it be replaced with CS FOR SENATE BILL NO. 132(HES), entitled: "An Act relating to teacher tenure, teacher layoff and rehire rights, review of decisions of school boards concerning teachers, and to a retirement incentive program for employees of school districts and regional educational attendance areas; and providing for an effective date." Signing do pass: Senator Green, Chair, Senator Leman. Signing no recommendation: Senator Miller. Signing amend: Senator Salo. Zero fiscal note published today from Department of Education. The bill was referred to the Judiciary Committee. 1995-04-07 Senate Journal Page 0914 SB 134 The Health, Education and Social Services Committee considered SENATE BILL NO. 134 "An Act establishing an endowment for the Robert B. Atwood journalism chair at the University of Alaska Anchorage; and providing for an effective date." Signing do pass: Senator Green, Chair, Senator Leman. Signing no recommendation: Senators Miller, Salo. Fiscal note published today from University of Alaska. The bill was referred to the Finance Committee. HB 23 The Labor and Commerce Committee considered HOUSE BILL NO. 23 "An Act relating to referrals involving dental services." Signing do pass: Senator Kelly, Chair, Senators Miller, Torgerson, Salo. Previous House zero fiscal note. The bill was referred to the Judiciary Committee. HB 108 The Health, Education and Social Services Committee considered HOUSE BILL NO. 108 "An Act relating to claims on permanent fund dividends for defaulted public assistance overpayments." Signing do pass: Senator Green, Chair, Senators Miller, Leman. Signing no recommendation: Senators Salo, Ellis. Previous House fiscal notes and zero fiscal note. The bill was referred to the Finance Committee. HB 116 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 116(L&C) "An Act exempting the Alaska Seafood Marketing Institute from the State Procurement Code." Signing do pass: Senator Kelly, Chair, Senators Miller, Torgerson, Salo. Previous House zero fiscal notes. The bill was referred to the Finance Committee. 1995-04-07 Senate Journal Page 0915 HB 124 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 124(FIN) "An Act transferring the regulation of nursing home administrators to the Department of Commerce and Economic Development; abolishing the Board of Nursing Home Administrators; clarifying the conditions under which a nursing home administrator license may be denied; and providing for an effective date." Signing do pass: Senator Green, Chair, Senator Leman. Signing no recommendation: Senators Miller, Ellis, Salo. Previous House fiscal note. The bill was referred to the Finance Committee. HB 215 The Health, Education and Social Services Committee considered HOUSE BILL NO. 215 am "An Act relating to suspension of a student from a public school." Signing do pass: Senator Green, Chair, Senators Miller, Leman. Signing no recommendation: Senator Salo. Previous House zero fiscal note. The bill was referred to the Rules Committee. SB 46 The Rules 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 recommended it be replaced with CS FOR SENATE BILL NO. 46(RLS), entitled: "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; amending the criminal jurisdiction of the district court to provide for the disposition of certain offenses relating to possession, control, or consumption of 1995-04-07 Senate Journal Page 0916 SB 46 alcoholic beverages by a person under 21 years of age and possession of tobacco by a person under 19 years of age; allowing a person under age 21 to be arrested by a peace officer without a warrant for acts relating to illegal possession, consumption, or control of alcohol; and amending the penalty applicable to persons under 21 years of age who possess, control, or consume alcoholic beverages." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. Previous fiscal note and zero fiscal notes apply to the Committee Substitute. The bill is on today's calendar. SB 121 The Rules Committee considered SENATE BILL NO. 121 "An Act making an appropriation for deferred maintenance for the University of Alaska; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Salo, Sharp. The bill is on today's calendar. HCR 9 The Rules Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(TRA) Relating to Alaska School Bus Driver Appreciation Day. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. The resolution is on today's calendar. HB 26 The Rules Committee considered CS FOR HOUSE BILL NO. 26(JUD) "An Act amending Rule 15, Alaska Rules of Criminal Procedure, relating to depositions." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. The bill is on today's calendar. 1995-04-07 Senate Journal Page 0917 HB 146 The Rules Committee considered CS FOR HOUSE BILL NO. 146(L&C) am "An Act relating to an Iditarod mushing sweepstakes" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 146(RLS), entitled: "An Act relating to an Iditarod mushing sweepstakes; and providing for an effective date." (technical title change) Signing to calendar: Senator Miller, Chair, Senators Sharp, Salo. Previous fiscal note applies to the Committee Substitute. The bill is on today's calendar. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SR 2 SENATE RESOLUTION NO. 2 BY THE SENATE RESOURCES COMMITTEE, Opposing a proposed international convention classifying coal as a hazardous and noxious material. was read the first time and referred to the Resources Committee. SJR 22 SENATE JOINT RESOLUTION NO. 22 BY SENATOR HOFFMAN, Requesting research on fisheries and marine mammals in the Bering Sea. was read the first time and referred to the Resources Committee. 1995-04-07 Senate Journal Page 0918 INTRODUCTION AND REFERENCE OF SENATE BILLS SB 152 SENATE BILL NO. 152 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to geographic differentials for the salaries of certain state employees who are not members of a collective bargaining unit; relating to periodic salary surveys and preparation of an annual pay schedule regarding certain state employees; relating to certain state aid calculations based on geographic differentials for state employee salaries; and providing for an effective date." was read the first time and referred to the Finance Committee. Fiscal notes published today from Department of Administration, Office of the Governor. Governor's transmittal letter dated April 7: Dear President Pearce: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that revises geographic pay differentials for executive branch partially exempt employees and classified service employees not covered by a collective bargaining agreement, and for employees of the legislature. Upon passage of this or similar legislation, I also will issue an administrative order making the same adjustments to executive branch exempt personnel. The bill also amends statutes that relate to certain state aid to municipalities and other eligible recipients that is calculated based on the geographic pay differentials, and changes or deletes statutory requirements regarding salary surveys. In the mid-1980's, the state conducted a comprehensive cost-of-living study for the different areas of Alaska. That study showed that the geographic pay differentials contained in AS39.27.020(a) did not accurately reflect the actual differences in the cost-of-living in cities 1995-04-07 Senate Journal Page 0919 SB 152 and towns around the state. As a result of this study, the collective bargaining agreements between the state and the various unions representing state employees, which had differentials based on those in AS39.27.020(a), were changed to reflect the actual differences. However, because AS39.27.020(a) was not amended, state employees not covered by collective bargaining agreements continued to be paid using outdated differentials. Some were underpaid, but more were overpaid, costing the state several hundred thousand dollars each year. Since the mid-1980's, cost-of-living differences within Alaska have been reduced even further. This bill repeals AS39.27.020 and sets out new provisions in a proposed AS39.27.021, to make long overdue changes to the geographic pay differentials. The bill makes certain conforming technical amendments to statutes relating to magistrate salaries and to the Public Employees' Retirement System, to acknowledge the repeal and the new provisions. The bill also provides, as did the various collective bargaining agreements, that no employee will have his or her salary immediately reduced as a result of the new differentials. However, I am not proposing that incumbent employee salaries be frozen forever. Instead, the salary of an employee who remains working in an area where the differential is lowered would not be reduced until one year after the effective date of the bill. One significant difference between this bill and previous approaches to geographic pay differentials is that this bill limits, to $30,000 per year, the amount of an employee's gross pay that would be subject to a differential adjustment. This acknowledges the basic purpose of geographic differentials: compensating for higher basic living expenses. This approach removes the aspect of raising overall pay levels through differentials. Statutes relating to state aid to municipalities and other eligible recipients for roads, health facilities and hospitals, and volunteer fire departments, contain a provision increasing aid to areas with a higher cost of living, and tying the increases to the differentials in existing AS39.27.020(a). Because many municipalities and other recipients have relied on the current differentials in their planning, this bill provides that the differentials in existing law will continue to apply for this purpose. 1995-04-07 Senate Journal Page 0920 SB 152 The bill also requires the director of the division of personnel to conduct a study every five years, starting in 1999, to review geographic differentials. This requirement replaces the current statutory requirement that an annual survey be done both of cost-of- living around the state and of the relationship between state salaries and salaries of other employers. In addition, the bill repeals the requirement that the director conduct an annual survey for purposes of making university employee salary recommendations to the Board of Regents of the University of Alaska. Because of budgetary constraints, none of these annual surveys have been done. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor SB 153 SENATE BILL NO. 153 BY THE SENATE RESOURCES COMMITTEE, entitled: "An Act relating to five-year resident hunting, trapping, and sport fishing licenses; and providing for an effective date." was read the first time and referred to the Resources Committee. SB 154 SENATE BILL NO. 154 BY THE SENATE JUDICIARY COMMITTEE, entitled: "An Act relating to an aggravating factor at sentencing." was read the first time and referred to the Judiciary Committee. 1995-04-07 Senate Journal Page 0921 CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 46 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" was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 915. Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 46(RLS) "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; 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; allowing a person under age 21 to be arrested by a peace officer without a warrant for acts relating to illegal possession, consumption, or control of alcohol; and amending the penalty applicable to persons under 21 years of age who possess, control, or consume alcoholic beverages" was adopted and read the second time. Senator Adams offered Amendment No. 1 : Page 3, line 31, after "AS 41.21;": Insert "and" Page 4, lines 1 - 8: Delete all material and insert: "(5) AS04.16.050, relating to possession or consumption of alcoholic beverages." Senator Adams moved for the adoption of Amendment No. 1. Senator Taylor objected. 1995-04-07 Senate Journal Page 0922 SB 46 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 46(RLS) Second Reading Amendment No. 1 YEAS: 6 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo Nays: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Zharoff and so, Amendment No. 1 failed. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 46(RLS) was read the third time. Senators Phillips, Leman moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR SENATE BILL NO. 46(RLS) "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; 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; allowing a person under age 21 to be arrested by a peace officer without a warrant for acts relating to illegal possession, consumption, or control of alcohol; and amending the penalty applicable to persons under 21 years of age who possess, control, or consume alcoholic beverages" pass the Senate?" The roll was taken with the following result: 1995-04-07 Senate Journal Page 0923 SB 46 CSSB 46(RLS) Third Reading - Final Passage YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson Nays: Adams Excused: Zharoff and so, CS FOR SENATE BILL NO. 46(RLS) passed the Senate. Senator Adams gave notice of reconsideration. SB 121 SENATE BILL NO. 121 "An Act making an appropriation for deferred maintenance for the University of Alaska; and providing for an effective date" was read the second time. Senator Duncan offered Amendment No. 1 : Page 1, line 1: Delete entire bill beginning at " Insert: "An Act ratifying an agreement between the Alaska Housing Finance Corporation and the commissioner of revenue and making certain pledges to obligees of the corporation regarding that agreement; relating to the authorization for and the issuance of bonds by the Alaska Housing Finance Corporation to pay for the costs of repair and rehabilitation of student housing facilities of the University of Alaska; and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 1995-04-07 Senate Journal Page 0924 SB 121 * Section 1. PURPOSE. The purpose of this Act is to provide for the orderly transfer of certain assets of the Alaska Housing Finance Corporation (corporation) to the general fund through a transfer agreement between the corporation and the commissioner of revenue. The Alaska Housing Finance Corporation has served an important public purpose by helping to remedy the shortage of adequate housing throughout the state. The corporation has assisted in providing Alaskans with rural housing and sewer and water systems, senior housing, special needs housing, and low and moderate income housing through its various programs. The corporation's resources must remain strong in order to continue progress in meeting these housing needs, both directly and through borrowing in capital markets. In particular, capital markets require assurances that payments by the corporation to the general fund are fixed at a prudent and predictable level. It is the purpose of this Act to fix payments to the general fund at a prudent and predictable level for the next five fiscal years through a formal transfer agreement. It is also a purpose of this Act to authorize the corporation to issue bonds to enable the University of Alaska to repair and rehabilitate student housing facilities. * Sec. 2. TRANSFER AGREEMENT. The Alaska Housing Finance Corporation (corporation) and the commissioner of revenue may enter into a transfer agreement that provides for the transfer of certain assets of the corporation to the general fund from July 1, 1995 to June30, 2000. The commissioner of revenue immediately shall notify the governor and the legislature when the agreement has been signed. * Sec. 3. RATIFICATION AND PLEDGE OF THE STATE. The agreement dated May1, 1995 between the Alaska Housing Finance Corporation and the commissioner of revenue, described in sec. 2 of this Act, is ratified. The state pledges to obligees of the corporation that the state will not alter the power of the corporation to fulfill the terms of any other agreement with an obligee of the corporation or, during the term of the transfer agreement ratified by this Act, cause assets to be transferred from the corporation in excess of the amount set out in the transfer agreement. * Sec. 4. BOND AUTHORIZATION. The Alaska Housing Finance Corporation may issue bonds under AS18.56 in an aggregate principal amount not to exceed $30,000,000 to provide amounts to the University of Alaska to pay costs of a project to repair and rehabilitate student housing facilities owned by the 1995-04-07 Senate Journal Page 0925 SB 121 University of Alaska and to pay related costs, and to provide amounts for the Alaska Housing Finance Corporation to pay costs of issuing the bonds. The Alaska Housing Finance Corporation and the University of Alaska may enter into an agreement with respect to the transfer and expenditure of the bond proceeds for these purposes by the University of Alaska. The Alaska Housing Finance Corporation shall pay the principal and interest on the bonds from Alaska Housing Finance Corporation funds and the bonds shall be general obligations of the Alaska Housing Finance Corporation. * Sec. 5. Section 3 of this Act takes effect only if the transfer agreement described in sec.3 of this Act is signed on May1, 1995. The commissioner of revenue immediately shall notify the governor, the legislature, and the revisor of statutes when the transfer agreement has been signed. * Sec. 6. Sections 1, 2, and 4 of this Act take effect immediately under AS01.10.070(c). * Sec. 7. Except as provided in secs.5 and 6 of this Act, this Act takes effect immediately under AS 01.10.070(c), or May1, 1995, whichever is later. Senator Duncan moved for the adoption of Amendment No. 1. Objections were heard. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SB 121 Second Reading Amendment No. 1 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Zharoff and so, Amendment No. 1 failed. 1995-04-07 Senate Journal Page 0926 SB 121 Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall the bill be advanced from second to third reading?" The roll was taken with the following result: SB 121 Advance from Second to Third Reading? YEAS: 11 NAYS: 7 EXCUSED: 1 ABSENT: 1 Yeas: Frank, Green, Halford, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo Excused: Zharoff Absent: Kelly and so, SENATE BILL NO. 121 failed to advance. The bill will appear on the April 10 calendar. SECOND READING OF HOUSE BILLS HB 26 CS FOR HOUSE BILL NO. 26(JUD) "An Act amending Rule 15, Alaska Rules of Criminal Procedure, relating to depositions" was read the second time. Senator Halford moved that the bill be advanced to third reading and placed on final passage. Senator Pearce called the Senate. Senator Pearce stated the call was satisfied. Senator Duncan objected to the advancement motion. 1995-04-07 Senate Journal Page 0927 HB 26 The question being: "Shall the bill be advanced from second to third reading?" The roll was taken with the following result: CSHB 26(JUD) Advance from Second to Third Reading? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo Excused: Zharoff and so, CS FOR HOUSE BILL NO. 26(JUD) failed to advance. The bill will appear on the April 10 calendar. HB 146 CS FOR HOUSE BILL NO. 146(L&C) am "An Act relating to an Iditarod mushing sweepstakes" was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 917. Senator Adams objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 146(RLS) "An Act relating to an Iditarod mushing sweepstakes; and providing for an effective date" was adopted and read the second time. Senator Lincoln offered Amendment No. 1 : Page 1, line 1, after "sweepstakes;": Insert "and to deep freeze classics;" Page 1, line 8, after "mercury classics,": Insert "deep freeze classics," Page 2, line 1, after "mercury classics,": Insert "deep freeze classics," 1995-04-07 Senate Journal Page 0928 HB 146 Page 2, line 7, before "mushing sweepstakes,": Insert "deep freeze classics," Page 2, line 14, before "canned salmon classics": Insert "deep freeze classics," Page 2, line 19, following "mercury classics,": Insert "deep freeze classics, Page 2, line 26, following "mercury classics,": Insert "deep freeze classics," Page 2, line 30: Delete "a new paragraph" Insert "new paragraphs" Page 2, line 31, after "(42)": Insert ""deep freeze classic" means a game of chance where a prize of money is awarded to the closest guess of the date, time, and temperature of the lowest temperature recorded at a specific location in the Delta Junction area on the coldest day during December through February, inclusive, and is limited to the deep freeze classic operated and administered by the Delta Chamber of Commerce; (43)" Page 3, line 5: Delete "AS05.15.690(42)" Insert "AS05.15.690(43)" Senator Lincoln moved for the adoption of Amendment No. 1. Senator Halford rose to a point of order regarding Uniform Rule 41. President Pearce ruled the amendment out of order. SENATE CS FOR CS FOR HOUSE BILL NO. 146(RLS) will appear on the April 10 calendar. 1995-04-07 Senate Journal Page 0929 SECOND READING OF HOUSE RESOLUTIONS HCR 9 CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(TRA) Relating to Alaska School Bus Driver Appreciation Day, was read the second time. The question being: "Shall CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(TRA) Relating to Alaska School Bus Driver Appreciation Day, pass the Senate?" The roll was taken with the following result: CSHCR 9(TRA) Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson Excused: Zharoff and so, CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(TRA) passed the Senate, was signed by the President and Secretary and returned to the House. CITATIONS Honoring - Harold Sparck, First Recipient of the Bethel Chamber of Commerce Bill Bivin Memorial Award Senator(s) Hoffman, Adams, Lincoln, Zharoff, Kelly, Leman, Pearce, Rieger, Taylor, Duncan Representative(s) Ivan Honoring - John W. Nicholson, Bristol Bay Elder Senator(s) Hoffman, Zharoff, Kelly, Leman, Pearce, Lincoln, Taylor, Duncan Representative(s) Ivan, Moses 1995-04-07 Senate Journal Page 0930 Honoring - Chugiak Mustangs Hockey Team Senator(s) Phillips, Halford, Hoffman, Zharoff, Kelly, Leman, Pearce, Lincoln, Taylor, Duncan Honoring - Serena Woods, 1994 Caring for the Kenai Contest Winner Representative(s) Navarre, G. Phillips, G. Davis Senator(s) Salo, Torgerson, Hoffman, Zharoff, Kelly, Leman, Pearce, Lincoln, Taylor, Duncan In Memoriam - Katherine Mayo Evans Senator(s) Lincoln, Hoffman, Zharoff, Kelly, Leman, Pearce, Taylor, Phillips, Duncan, Ellis Representative(s) Nicholia In Memoriam - Lynne Burrell Representative(s) Toohey Senator(s) Leman, Hoffman, Kelly, Pearce, Lincoln, Taylor, Duncan Senator Halford moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. UNFINISHED BUSINESS RECONSIDERATION OF HOUSE BILLS HB 21 Senator Adams requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 21(FIN) "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 13 but not yet 21 years of age; relating to revocation of a driver's license for illegal possession or use of a firearm by a person at least 13 but not yet 18 years of age; relating to treatment programs required for issuance or reissuance of a driver's license; and providing for an effective date" be taken up at this time. SENATE CS FOR CS FOR HOUSE BILL NO. 21(FIN) was before the Senate on reconsideration. 1995-04-07 Senate Journal Page 0931 HB 21 The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 21(FIN) "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 13 but not yet 21 years of age; relating to revocation of a driver's license for illegal possession or use of a firearm by a person at least 13 but not yet 18 years of age; relating to treatment programs required for issuance or reissuance of a driver's license; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 21(FIN) Third Reading - On Reconsideration YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Rieger, Salo Excused: Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 21(FIN) passed the Senate on reconsideration. Senator Halford moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SCS CSHB 21(FIN) Effective Date Vote YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson Excused: Zharoff 1995-04-07 Senate Journal Page 0932 HB 21 and so, the effective date clause was adopted and the bill was referred to the Secretary for engrossment. SB 64 Senator Sharp, Chair, moved and asked unanimous consent that the State Affairs Committee referral be waived on SENATE BILL NO. 64 "An Act relating to the dissolution of the Alaska Railroad Corporation and providing for a successor corporation; and providing for an effective date." Without objection, SENATE BILL NO. 64 was referred to the Finance Committee. HB 128 The reconsideration on SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(RES) "An Act relating to the disposal of wastes; giving the Alaska Oil and Gas Conservation Commission authority to regulate disposal in the annular space of an oil or gas well, or in the annular space of a water well associated with exploration and production of oil or gas, of drilling mud, cuttings, and nonhazardous drilling operation wastes, and exempting that disposal from the requirement of a waste disposal permit issued by the Department of Environmental Conservation; and establishing an exemption from the requirement of obtaining a waste disposal permit from the Department of Environmental Conservation for certain activities that yield solid and liquid waste material discharges and cooling water discharges" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. ANNOUNCEMENTS Announcements are at the end of the journal. 1995-04-07 Senate Journal Page 0933 ENGROSSMENT HB 21 SENATE CS FOR CS FOR HOUSE BILL NO. 21(FIN) "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 13 but not yet 21 years of age; relating to revocation of a driver's license for illegal possession or use of a firearm by a person at least 13 but not yet 18 years of age; relating to treatment programs required for issuance or reissuance of a driver's license; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 128 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(RES) "An Act relating to the disposal of wastes; giving the Alaska Oil and Gas Conservation Commission authority to regulate disposal in the annular space of an oil or gas well, or in the annular space of a water well associated with exploration and production of oil or gas, of drilling mud, cuttings, and nonhazardous drilling operation wastes, and exempting that disposal from the requirement of a waste disposal permit issued by the Department of Environmental Conservation; and establishing an exemption from the requirement of obtaining a waste disposal permit from the Department of Environmental Conservation for certain activities that yield solid and liquid waste material discharges and cooling water discharges" was engrossed, signed by the President and Secretary and returned to the House for consideration. ENROLLMENT SCR 9 SENATE CONCURRENT RESOLUTION NO. 9 Relating to the twenty-seventh annual Girls' State, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 1:55 p.m., April 7, 1995. 1995-04-07 Senate Journal Page 0934 SCR 10 SENATE CONCURRENT RESOLUTION NO. 10 Relating to the twenty-ninth annual Boys' State, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 1:55 p.m., April 7, 1995. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 10, 1995. Without objection, the Senate adjourned at 12:45 p.m. Nancy Quinto Secretary of the Senate April 1995 1995-04-07 Senate Journal Page 0935 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 APR 07 FRIDAY 1:30 PM -- TELECONFERENCE -- SJR 18 CREATION OF ARCTIC COUNCIL SJR 21 ANWR SPECIAL REVENUE FUND SB 124 HUMAN SERVICES COMMUNITY MATCHING GRANTS APR 10 MONDAY 1:30 PM NO MEETING SCHEDULED APR 12 WEDNESDAY 1:30 PM -- TELECONFERENCE -- SB 79 ADJUSTMENTS FOR DEFECTIVE SURVEY HB 86 MUNICIPAL PERSONAL PROPERTY TAXATION HB 180 LIQUOR LICENSES FOR RESORT/LODGES BILLS PREVIOUSLY HEARD APR 14 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 APR 07 FRIDAY 9:00 AM BILLS PREVIOUSLY HEARD SB 70 PUBLIC SCHOOL FOUNDATION PROGRAM <TELECONFERENCE ON ABOVE BILL - LISTEN ONLY> SB 87 ALCOHOLIC BEVERAGES: LOCAL OPTION & MISC. <TELECONFERENCE ON ABOVE BILL - LISTEN ONLY> 1995-04-07 Senate Journal Page 0936 FINANCE CONTINUED APR 11 TUESDAY 9:00 AM HB 100 APPROP: FY 96 OPERATING & LOAN BUDGET <PENDING REFERRAL> SB 26 OFFENSES BY JUVENILE USING FIREARMS SB 64 CONVERT AK RR TO PRIVATE CORPORATION SB 131 INVESTMENTS BY FIDUCIARIES SB 132 JUDICIAL REVIEW:TEACHER TENURE DECISIONS <PENDING REFERRAL> SB 148 STATE EMP DEFINED CONTRIB RETIREMENT PROG SB 151 ADMIN DIRECTOR OF COURT SYSTEM IN PERS SJR 14 CONFIRMATION OF MEMBERS OF PUBLIC CORP <PENDING REFERRAL> HB 183 FINANCING IMPROVEMENTS BY LEASE/PURCHASE BILLS PREVIOUSLY HEARD APR 12 WEDNESDAY 9:00 AM HB 100 APPROP: FY 96 OPERATING & LOAN BUDGET <PENDING REFERRAL> BILLS PREVIOUSLY HEARD APR 13 THURSDAY 9:00 AM HB 100 APPROP: FY 96 OPERATING & LOAN BUDGET <PENDING REFERRAL> BILLS PREVIOUSLY HEARD ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 07 FRIDAY 9:00 AM SB 134 ATWOOD CHAIR OF JOURNALISM AT U OF AA <TELECONFERENCE ON ABOVE BILL> HB 124 ABOLISH BD OF NURSING HOME ADMINISTRATORS HB 108 USE PFD'S TO RECOVER WELFARE OVERPAYMENTS HB 215 GROUNDS FOR SUSPENSION OF STUDENTS SB 132 JUDICIAL REVIEW:TEACHER TENURE DECISIONS APR 10 MONDAY 9:00 AM **JOINT MEETING WITH HOUSE HESS COMMITTEE** PRESENTATION BY REBECCA RUFFNER, ARIZONA STATE COORDINATOR, NATIONAL COMMITTEE FOR THE PREVENTION OF CHILD ABUSE SB 103 TAX CREDIT FOR PROVIDING CHILD CARE BILLS PREVIOUSLY HEARD 1995-04-07 Senate Journal Page 0937 HEALTH, EDUCATION & SOCIAL SERVICES CONTINUED APR 12 WEDNESDAY 9:00 AM SB 138 TUBERCULOSIS CONTROL SB 115 UNIFORM INTERSTATE FAMILY SUPPORT ACT <TELECONFERENCE ON ABOVE BILL> SB 116 PATERNITY; CHILD SUPPORT ENFORCEMENT <TELECONFERENCE ON ABOVE BILL> SB 137 RETIREMENT INCENTIVE PROGRAM BILLS PREVIOUSLY HEARD APR 14 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 07 FRIDAY 1:30 PM SB 145 CHARIT.GAMING:PRIZES,REPORTS,PENALTY SB 102 RELEASE OF JUVENILE RECORDS BELOW BILL PREVIOUSLY HEARD: HB 188 INDECENT PHOTOGRAPHY HB 4 PERMANENT FUND DIVIDEND ELIGIBILITY SJR 14 CONFIRMATION OF MEMBERS OF PUBLIC CORP APR 10 MONDAY 1:30 PM -- TELECONFERENCE -- SB 132 JUDICIAL REVIEW:TEACHER TENURE DECISIONS SB 105 PARENTAL CONSENT BEFORE MINOR'S ABORTION HB 115 DAMAGES & ATTY FEES FOR UNPAID WAGES SB 95 INSURANCE AGAINST UNINSURED DRIVERS APR 12 WEDNESDAY 1:30 PM -- TELECONFERENCE -- ALASKA MENTAL HEALTH TRUST AUTHORITY BOARD OF TRUSTEES CONFIRMATION HEARINGS: KAY BURROWS, TOM HAWKINS, JOHN MALONE, NELSON PAGE, JOHN PUGH, EVELYN TUCKER, PHIL YOUNKER, JR. VIOLENT CRIMES COMPENSATION BOARD CONFIRMATION HEARING: ALISON A. LAUBER, M.D. BILLS PREVIOUSLY HEARD ---------------------------------------- 1995-04-07 Senate Journal Page 0938 LABOR & COMMERCE FAHRENKAMP RM 203 APR 11 TUESDAY 1:30 PM SB 25 REPEAL VEGETABLE DEALER LICENSING APR 13 THURSDAY 1:30 PM HB 46 ARCHITECT, ENGINEER & SURVEYOR REGULATION BILLS PREVIOUSLY HEARD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 APR 07 FRIDAY 3:30 PM SJR 20 COMMUNITY DEVELOPMENT FISHING QUOTAS HB 169 DEPT. NAT RES. IS LEAD AGENCY FOR MINING <ABOVE BILL PREVIOUSLY HEARD> SB 147 MUNICIPAL RIVER HABITAT TAX CREDIT <TELECONFERENCE ON ABOVE BILL> HJR 25 BAN TRAWLING IN EASTERN GULF OF ALASKA <TELECONFERENCE ON ABOVE BILL> SB 112 DISCOVERY ROYALTY CREDIT <ABOVE BILL HELD TO ANOTHER DAY> SB 114 HIGH COST MARGINAL OIL WELLS <ABOVE BILL HELD TO ANOTHER DAY> SOLDOTNA APR 08 SATURDAY 9:00 AM -- TELECONFERENCE SITES MAY LISTEN ONLY -- SJR 19 AMEND ANILCA TO DEFINE PUBLIC LANDS THIS HEARING WILL BE HELD AT THE KENAI PENINSULA BOROUGH ASSEMBLY CHAMBERS, 144 NORTH BINKLEY ST. SOLDOTNA BUTROVICH ROOM 205 APR 10 MONDAY 3:30 PM -- TELECONFERENCE -- SJR 19 AMEND ANILCA TO DEFINE PUBLIC LANDS THIS MEETING WILL BE HELD IN BOTH THE BUTROVICH AND FAHRENKAMP ROOMS APR 12 WEDNESDAY 3:30 PM SB 97 DRAGONFLY AS STATE INSECT SB 130 MARINE PILOTS TESORO ROYALTY CONTRACTS BRIEFING CONFIRMATION HEARING: FRANK RUE, COMMISSIONER, DEPARTMENT OF FISH AND GAME SR 2 OPPOSE COAL AS NOXIOUS SUBSTANCE ---------------------------------------- 1995-04-07 Senate Journal Page 0939 STATE AFFAIRS BELTZ ROOM 211 APR 11 TUESDAY 3:30 PM SB 136 APPROP: FY 96 CAPITAL PROJECTS BUDGET APR 13 THURSDAY 3:30 PM HB 173 REPORTS TO THE LEGISLATURE SB 146 ELECTION CODE AND ADMINISTRATION SB 23 AMENDING PENALTIES FOR ASSAULT SB 142 HUMAN RESOURCE INVESTMENT COUNCIL APR 20 THURSDAY 3:30 PM -- TELECONFERENCE -- SB 141 LEGISLATIVE ETHICS OTHER BILLS TO BE HEARD MAY BE ADDED NEXT WEEK ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 APR 11 TUESDAY 1:30 PM NO MEETING SCHEDULED APR 13 THURSDAY 1:30 PM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES ADMINISTRATION FAHRENKAMP ROOM 203 APR 07 FRIDAY 3:00 PM -- TELECONFERENCE -- FY 96 OPERATING BUDGET CLOSE OUT APR 10 MONDAY 3:00 PM FINAL CLOSE OUT ---------------------------------------- COMMERCE & ECONOMIC DEVELOPMENT BELTZ ROOM 211 APR 07 FRIDAY 8:00 AM DEPARTMENTAL CLOSE OUT IF NEEDED APR 10 MONDAY 8:00 AM ---------------------------------------- COURT SYSTEM SENATE FINANCE 532 APR 07 FRIDAY 12:30 PM COURT SYSTEM BUDGET CLOSE OUT ---------------------------------------- 1995-04-07 Senate Journal Page 0940 FINANCE SUBCOMMITTEES CONTINUED EDUCATION SENATE FINANCE 532 APR 07 FRIDAY 6:00 PM CLOSE OUT ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 532 APR 08 SATURDAY 10:00 AM -- RESCHEDULED FROM 04/07/95 -- CLOSE OUT ---------------------------------------- FISH & GAME BELTZ ROOM 211 APR 07 FRIDAY 5:00 PM BUDGET CLOSE OUT ---------------------------------------- GOVERNOR BELTZ ROOM 211 APR 10 MONDAY 5:00 PM -- RESCHEDULED FROM 04/06/95 -- CLOSE OUT ---------------------------------------- HEALTH & SOCIAL SERVICES CAPITOL ROOM 408 APR 10 MONDAY 1:30 PM HEALTH & SOCIAL SERVICES BUDGET CLOSE OUT ---------------------------------------- LAW SENATE FINANCE 532 APR 07 FRIDAY 1:30 PM DEPARTMENT OF LAW BUDGET CLOSE OUT ---------------------------------------- LEGISLATURE SENATE FINANCE 532 APR 07 FRIDAY 2:30 PM - MEETING POSTPONED TO CALL OF CHAIR 04/10/95 - CLOSE OUT RESCHEDULED FROM 04/06/95: PRESENTATION OF FINAL BUDGET PROPOSAL 1995-04-07 Senate Journal Page 0941 FINANCE SUBCOMMITTEES CONTINUED LEGISLATURE APR 10 MONDAY 4:00 PM -- RESCHEDULED FROM 04/07/95 -- CLOSE OUT PRESENTATION OF FINAL BUDGET PROPOSAL ---------------------------------------- NATURAL RESOURCES SENATE FINANCE 532 APR 07 FRIDAY 7:00 PM CLOSE OUT NOTE TIME CHANGE ---------------------------------------- PUBLIC SAFETY SENATE FINANCE 532 APR 10 MONDAY 5:00 PM SUBCOMMITTEE CLOSE OUT ---------------------------------------- REVENUE BELTZ ROOM 211 APR 07 FRIDAY 8:00 AM DEPARTMENTAL CLOSE OUT IF NEEDED APR 10 MONDAY 8:00 AM CLOSE OUT ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES SENATE FINANCE 532 APR 10 MONDAY 3:30 PM SUBCOMMITTEE CLOSE OUT ---------------------------------------- UNIVERSITY OF ALASKA SENATE FINANCE 532 APR 11 TUESDAY 5:00 PM SUBCOMMITTEE CLOSE OUT JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 APR 13 THURSDAY 3:00 PM REVIEW OF AUDIT AND RPLS ---------------------------------------- 1995-04-07 Senate Journal Page 0942 JOINT COMMITTEES CONTINUED LONG RANGE FINANCIAL PLANNING COMMISSION BUTROVICH ROOM 205 APR 08 SATURDAY 11:00 AM -- TELECONFERENCE --