Legislature(1995 - 1996)
1995-04-12 Senate Journal
Full Journal pdf1995-04-12 Senate Journal Page 0991 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Wednesday April 12, 1995 Eighty-seventh Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:26 a.m. The roll showed nineteen members present. Senator Ellis was absent. The prayer was offered by the Chaplain, Pastor Jon Paden of the Juneau Church of Christ. Senator Frank moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dearest God, Thank You for strength to do what is right. Thank You for this day. Thank You for opportunities in this body to serve the people of Alaska. May we do so graciously and honorably. May the decisions made here demonstrate deepest respect to the elderly. Help us to show the way to our children such that they will gladly honor us when they come into their age. I come to You in the name of power, Jesus Christ. Amen. Senator Frank led the Senate in the pledge of allegiance. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the eighty-sixth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 991 1995-04-12 Senate Journal Page 0992 MESSAGES FROM THE HOUSE SB 62 Message of April 11 was read, stating the House passed and returned: SENATE BILL NO. 62 "An Act relating to birth certificates for certain foreign born persons who are adopted." The bill was referred to the Secretary for enrollment. The presence of Senator Ellis was noted. SB 68 Message of April 11 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 68(HES) am "An Act relating to the donation to a food bank of hatchery salmon, to the donation of food by meat processors, seafood processors, manufacturers, packers, processors, bottlers, and similar entities, and to who qualifies as a food bank" with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 68(HES) Senator Halford moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 68(HES) am?" The roll was taken with the following result: HCS CSSB 68(HES) Shall the Senate Concur in the House amendment to CSSB 68(HES) am Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Absent: Frank 1995-04-12 Senate Journal Page 0993 SB 68 and so, the Senate concurred in the House amendment, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 68(HES) "An Act relating to the donation to a food bank of hatchery salmon, to the donation of food by meat processors, seafood processors, manufacturers, packers, processors, bottlers, and similar entities, and to who qualifies as a food bank; and providing for an effective date." (technical title change) Senator Halford 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 and the bill was referred to the Secretary for enrollment. The Secretary was requested to notify the House. Message of April 11 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 32 CS FOR HOUSE BILL NO. 32(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to administrative proceedings involving a determination of eligibility for a permanent fund dividend or authority to claim a dividend on behalf of another; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 168 CS FOR HOUSE BILL NO. 168(HES) BY THE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: "An Act relating to temporary permits for certain optometrists." was read the first time and referred to the Labor and Commerce Committee. 1995-04-12 Senate Journal Page 0994 HB 220 CS FOR HOUSE BILL NO. 220(L&C) BY THE HOUSE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to the duties of the commissioner of commerce and economic development concerning the Alaska Tourism Marketing Council; relating to the per diem travel expenses of the council's board of directors; relating to the powers and duties of the council; extending the termination date of the council; and providing for an effective date." was read the first time and referred to the Labor and Commerce Committee. STANDING COMMITTEE REPORTS SB 25 The Labor and Commerce Committee considered SENATE BILL NO. 25 "An Act repealing vegetable dealer licensing and regulation." Signing do pass: Senator Kelly, Chair, Senators Miller, Torgerson, Salo. Fiscal note published today from Department of Natural Resources. The bill was referred to the Finance Committee. SB 26 The Finance Committee considered SENATE BILL NO. 26 "An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use firearms to commit criminal offenses and relating to the sealing of the records of those minors" and recommended it be replaced with CS FOR SENATE BILL NO. 26(FIN), entitled: "An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors." 1995-04-12 Senate Journal Page 0995 SB 26 Signing do pass: Senators Frank, Halford, Cochairs, Senators Phillips, Donley, Rieger, Sharp. Zero fiscal notes published today from Department of Health and Social Services (2), Department of Administration. Previous zero fiscal notes. The bill was referred to the Rules Committee. SB 115 The Health, Education and Social Services Committee considered SENATE BILL NO. 115 "An Act relating to the establishment, modification, and enforcement of support orders and the determination of parentage in situations involving more than one state; amending Alaska Rule of Administration 9; amending Alaska Rules of Civil Procedure 79 and 82; and providing for an effective date." Signing no recommendation: Senator Green, Chair. Signing do pass: Senators Miller, Salo, Ellis, Leman. Previous fiscal notes and zero fiscal notes. The bill was referred to the Judiciary Committee. SB 116 The Health, Education and Social Services Committee considered SENATE BILL NO. 116 "An Act relating to administrative establishment of paternity and establishing paternity by affidavit; relating to child support enforcement; and providing for an effective date." Signing do pass: Senator Green, Chair, Senators Miller, Salo, Ellis, Leman. Previous fiscal notes and zero fiscal notes. The bill was referred to the Judiciary Committee. SB 117 The Finance Committee considered SENATE BILL NO. 117 "An Act establishing a statewide independent living council and clarifying its relationship with existing agencies; and providing for an effective date" and recommended the Health, Education and Social Services Committee Substitute offered on page 720 be adopted. 1995-04-12 Senate Journal Page 0996 SB 117 Signing do pass: Senator Halford, Cochair, Senators Phillips, Donley, Sharp. Previous fiscal note. The bill was referred to the Rules Committee. SB 136 The State Affairs Committee considered SENATE BILL NO. 136 "An Act making appropriations for capital project matching grant funds and to capitalize funds; making, amending, and repealing capital appropriations; and providing for an effective date." Signing no recommendation: Senator Sharp, Chair, Senators Leman, Phillips. The bill was referred to the Finance Committee. SJR 19 The Rules Committee considered SENATE JOINT RESOLUTION NO. 19 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. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Signing do not calendar - do not pass: Senator Duncan. Signing under other recommendations: Senator Salo. The resolution is on today's calendar. SB 6 The Rules Committee considered SENATE BILL NO. 6 "An Act relating to registration of a motor vehicle and suspension of a driver's license for failure to appear in court or failure to pay a fine." Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. The bill is on today's calendar. 1995-04-12 Senate Journal Page 0997 SB 88 The Rules Committee considered SENATE BILL NO. 88 "An Act establishing a pilot program for charter schools; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Signing do not calendar or pass: Senator Duncan. Signing under other recommendations: Senator Salo. The bill is on today's calendar. SB 147 The Rules Committee considered SENATE BILL NO. 147 "An Act relating to a municipal river habitat protection tax credit." Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Salo. The bill is on today's calendar. HB 79 The Rules Committee considered CS FOR HOUSE BILL NO. 79(FIN) "An Act allowing the Department of Natural Resources to quitclaim land or interests in land, including submerged or shore land, to a municipality to correct errors or omissions of the municipality when inequitable detriment would result to a person due to that person's reliance upon the errors or omissions of the municipality." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. The bill is on today's calendar. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 12 SENATE CONCURRENT RESOLUTION NO. 12 BY SENATOR PEARCE, Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. was read the first time. 1995-04-12 Senate Journal Page 0998 SCR 12 Senator Halford moved and asked unanimous consent that the resolution be approved. Senator Adams objected, then withdrew his objection. There being no further objections, the resolution was before the Senate and was read a second time. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 12 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days, pass the Senate?" The roll was taken with the following result: SCR 12 Final Passage YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Adams, Hoffman and so, SENATE CONCURRENT RESOLUTION NO. 12 passed the Senate and was referred to the Secretary for engrossment. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 156 SENATE BILL NO. 156 BY SENATOR GREEN, entitled: "An Act requiring mandatory mediation of child custody disputes except in extraordinary circumstances; relating to modification of child custody or visitation rights; amending Alaska Rule of Civil Procedure 100; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services, Judiciary and Finance Committees. SB 157 SENATE BILL NO. 157 BY THE SENATE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: 1995-04-12 Senate Journal Page 0999 SB 157 "An Act relating to the regulation of small loan and retail installment transactions." was read the first time and referred to Labor and Commerce and Finance Committees. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 88 SENATE BILL NO. 88 "An Act establishing a pilot program for charter schools; and providing for an effective date" was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 840. Without objection, CS FOR SENATE BILL NO. 88(FIN) was adopted and read the second time. Senator Halford moved and asked unanimous consent that he be shown as a cosponsor on the bill. Without objection, it was so ordered. 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. 88(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 88(FIN) "An Act establishing a pilot program for charter schools; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1995-04-12 Senate Journal Page 1000 SB 88 CSSB 88(FIN) Third Reading - Final Passage YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Pearce, Salo, Zharoff and so, CS FOR SENATE BILL NO. 88(FIN) passed the Senate. 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: CSSB 88(FIN) Effective Date Vote YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Adams, Duncan, Ellis, Hoffman, Lincoln and so, the effective date clause was adopted. Senator Duncan gave notice of reconsideration. SB 6 SENATE BILL NO. 6 "An Act relating to registration of a motor vehicle and suspension of a driver's license for failure to appear in court or failure to pay a fine" was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 839. Senator Kelly objected. 1995-04-12 Senate Journal Page 1001 SB 6 The question being: "Shall the Finance Committee Substitute be adopted?" The roll was taken with the following result: SB 6 Adopt FIN Committee Substitute? YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Halford, Miller, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Adams, Duncan, Green, Hoffman, Kelly, Leman, Lincoln, Pearce, Salo, Torgerson and so, the Finance Committee Substitute was not adopted. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 6 be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: SB 6 Advance from Second to Third Reading? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, the bill failed to advance to third reading. SENATE BILL NO. 6 will appear on the April 13 calendar. SB 147 SENATE BILL NO. 147 "An Act relating to a municipal river habitat protection tax credit" was read the second time. 1995-04-12 Senate Journal Page 1002 SB 147 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. Senators Pearce, Leman, Kelly, Taylor, Sharp, Salo moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. SENATE BILL NO. 147 was read the third time. The question being: "Shall SENATE BILL NO. 147 "An Act relating to a municipal river habitat protection tax credit" pass the Senate?" The roll was taken with the following result: SB 147 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, SENATE BILL NO. 147 passed the Senate and was referred to the Secretary for engrossment. SECOND READING OF HOUSE BILLS HB 79 CS FOR HOUSE BILL NO. 79(FIN) "An Act allowing the Department of Natural Resources to quitclaim land or interests in land, including submerged or shore land, to a municipality to correct errors or omissions of the municipality when inequitable detriment would result to a person due to that person's reliance upon the errors or omissions of the municipality" was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 810. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 79(FIN) was adopted and read the second time. 1995-04-12 Senate Journal Page 1003 HB 79 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. SENATE CS FOR CS FOR HOUSE BILL NO. 79(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 79(FIN) "An Act allowing the Department of Natural Resources to quitclaim land or interests in land, including submerged or shore land, to a municipality to correct errors or omissions of the municipality when inequitable detriment would result to a person due to that person's reliance upon the errors or omissions of the municipality" pass the Senate?" The roll was taken with the following result: SCS CSHB 79(FIN) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 79(FIN) passed the Senate and was referred to the Secretary for engrossment. Senator Donley moved and asked unanimous consent that the Senate advance to Unfinished Business. Without objection, it was so ordered. UNFINISHED BUSINESS Senator Donley moved and asked unanimous consent that he be excused from a call of the Senate from evening plane time, April 12 through April 13. Without objection, Senator Donley was excused. 1995-04-12 Senate Journal Page 1004 SB 137 Senator Sharp, Chair, moved and asked unanimous consent that the State Affairs Committee referral be waived on SENATE BILL NO. 137 "An Act relating to retirement incentive programs for the public employees' retirement system and the teachers' retirement system; relating to separation incentives for certain state employees; and providing for an effective date." Without objection, the bill was referred to the Health, Education and Social Services, then Finance Committees. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 12:59 p.m. AFTER RECESS The Senate reconvened at 7:22 p.m. Senator Miller moved and asked unanimous consent that the Senate return to Messages From The Governor. Without objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 137 Message of April 11 was read, stating: Dear President Pearce: On this date I have signed the following bill with line item vetoes and reductions, and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1995-04-12 Senate Journal Page 1005 HB 137 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." Chapter No. 4, SLA 1995 Effective Date: 7/10/95 I am happy to approve almost all of the appropriations in this bill. Although we will have difficulties in dealing with some of the reductions made to our requests, I commend the departments and Legislature for keeping current year expenditures in check. The reductions I have made are as follows: Section 1: I have exercised my line item reduction/veto authority by amending the amounts appropriated to the Department of Law for payment of oil and gas legal proceedings. With the recent settlement of the North Slope royalty case, the department will be able to reduce trial costs for the remainder of the year. The actual savings are greater than this line item reduction, but legislative cuts taken from our original request offset most of those savings. Section 36: This section provided additional operating funds for the Alaska Marine Highway System by reappropriating capital project funds that deal with the replacement of the marine highway system administration building. The Department of Transportation and Public Facilities has confirmed that with current reduced service levels and continued tight fiscal controls that were implemented after this Administration took office, adequate operating funds will be available for the remainder of the year. Additionally, the funds need to remain in the administration building capital project to provide an alternative to an inadequate and potentially dangerous situation. Recent structural problems with the existing building have reinforced the critical need for a safe and adequate facility. 1995-04-12 Senate Journal Page 1006 HB 137 Section 41: This section for the Alaska court system is also reduced to reflect the settlement of the North Slope royalty case. Adequate funds are left to cover the retroactive pay increase for certain magistrates and for actual costs of a law clerk and a file clerk related to trial preparation. Section 51 and 52: I have vetoed the sections providing intent language but not due to the content of that language. In fact, those departments involved plan to proceed with this guidance and they will keep you informed of their progress. Veto of these sections relates more to the distinction between the appropriation responsibilities of the Legislature and the policy responsibilities of the Executive Branch. Also, language that could be considered substantive legislation needs to remain separated from appropriation bills. Sincerely, /s/ Tony Knowles Governor HB 92 Message of April 12 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 92 "An Act extending the termination date of the Citizens' Review Panel for Permanency Planning; and providing for an effective date." Chapter 5, SLA 1995 Effective Date: 4/13/95 HB 121 Message of April 12 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1995-04-12 Senate Journal Page 1007 HB 121 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." Chapter 6, SLA 1995 Effective Date: 7/11/95 SB 13 Message of April 12 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 13(FIN) "An Act relating to the admissibility into evidence of deoxyribonucleic acid (DNA) profiles in civil and criminal proceedings; and amending Rule 703 of the Alaska Rules of Evidence." Chapter 7, SLA 1995 Effective Date: 7/11/95 Letter of April 11 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: 1995-04-12 Senate Journal Page 1008 Board of Dental Examiners James A. Clark, D.M.D., Anchorage Appointed: 04/07/95; Expires: 02/01/97 Kenneth L. Crooks, D.D.S., Dillingham Appointed: 04/07/95; Expires: 02/01/99 Raymond L. Lang, D.D.S., Nome Appointed: 04/07/95; Expires: 02/01/98 Phyllis L. Pendergrast, D.M.D., Fairbanks Appointed: 11/05/93; Reappointed: 04/07/95; Expires: 02/01/99 Carol Ross, D.D.S., Wrangell Appointed: 04/07/95; Expires: 02/01/99 Connie S. Stewart, R.D.H., Petersburg Appointed: 04/07/95; Expires: 02/01/99 The appointments were referred to the Labor and Commerce Committee. The resumes for these appointments have been submitted to the Offices of the Senate Secretary and the House Clerk. MESSAGES FROM THE HOUSE HB 146 Message of April 12 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 146(L&C) am, thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 146(RLS) "An Act relating to an Iditarod mushing sweepstakes; and providing for an effective date." Message of April 12 was read, stating the House passed and transmitted for consideration: 1995-04-12 Senate Journal Page 1009 FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 16 HOUSE CONCURRENT RESOLUTION NO. 16 BY REPRESENTATIVE PHILLIPS, Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. was read the first time. Senator Halford moved and asked unanimous consent that the resolution be approved. Without objection, the resolution was before the Senate and was read a second time. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 16 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days, pass the Senate?" The roll was taken with the following result: HCR 16 Final Passage YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Adams, Hoffman Kelly changed from "Nay" to "Yea". and so, HOUSE CONCURRENT RESOLUTION NO. 16 passed the Senate, was signed by the President and Secretary and was returned to the House. 1995-04-12 Senate Journal Page 1010 FIRST READING AND REFERENCE OF HOUSE BILLS HB 90 HOUSE BILL NO. 90 am BY REPRESENTATIVES B. DAVIS, Foster, MacLean, Mackie, Nicholia, Elton, Finkelstein, Robinson, Davies, Kubina, James, Toohey, Navarre, entitled: "An Act changing the date that the legislature convenes in the years following a gubernatorial election; changing the date that the term of a member of the legislature begins in the years following a gubernatorial election." was read the first time and referred to the State Affairs and Judiciary Committees. HB 125 CS FOR HOUSE BILL NO. 125(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to disclosures to school officials of information about certain minors; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services Committee. STANDING COMMITTEE REPORTS SB 124 The Community and Regional Affairs Committee considered SENATE BILL NO. 124 "An Act relating to the human services community matching grant program; and providing for an effective date." Signing no recommendation: Senator Torgerson, Chair, Senators Kelly, Hoffman. Zero fiscal note published today from Department of Health and Social Services. The bill was referred to the Finance Committee. 1995-04-12 Senate Journal Page 1011 SB 137 The Health, Education and Social Services Committee considered SENATE BILL NO. 137 "An Act relating to retirement incentive programs for the public employees' retirement system and the teachers' retirement system; relating to separation incentives for certain state employees; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 137(HES), entitled: "An Act relating to retirement incentive programs for the public employees' retirement system, the judicial retirement system, and the teachers' retirement system; relating to separation incentives for certain state employees; and providing for an effective date." Signing no recommendation: Senator Green, Chair, Senators Miller, Leman. Signing do pass: Senators Salo, Ellis. Previous fiscal notes. The bill was referred to the Finance Committee. SB 151 The Finance Committee considered SENATE BILL NO. 151 "An Act placing the administrative director of the court system in the public employees' retirement system." Signing do pass: Senators Halford, Frank, Cochairs. Signing no recommendation: Senators Rieger, Phillips, Sharp. Signing do not pass: Senators Zharoff, Donley. Zero fiscal note published today from Department of Administration. Fiscal note published today from Alaska Court System. The bill was referred to the Rules Committee. 1995-04-12 Senate Journal Page 1012 HB 86 The Community and Regional Affairs Committee considered CS FOR HOUSE BILL NO. 86(CRA)(title am) "An Act relating to municipal flat taxes on personal property and permitting municipalities to classify and exempt or partially exempt some or all types of personal property from ad valorem taxes." Signing do pass: Senator Torgerson, Chair, Senator Phillips. Signing no recommendation: Senators Hoffman, Kelly. Previous House zero fiscal note. The bill was referred to the Finance Committee. SB 135 The Rules Committee considered SENATE BILL NO. 135 "An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. The bill will appear on the April 13 calendar. CONSIDERATION OF THE CALENDAR CONTINUED SECOND READING OF SENATE RESOLUTIONS SJR 19 SENATE JOINT RESOLUTION NO. 19 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 second time. Senator Leman moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 976. Senator Duncan objected. 1995-04-12 Senate Journal Page 1013 SJR 19 The question being "Shall the Resources Committee Substitute be adopted?" The roll was taken with the following result: SJR 19 Second Reading Adopt RES Committee Substitute? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, CS FOR SENATE JOINT RESOLUTION NO. 19(RES) was adopted and read the second time. Senator Lincoln offered Amendment No. 1 : Page 3, after line 10: Insert a new paragraph to read: "FURTHER RESOLVED that the intent of the Alaska State Legislature in adopting this resolution is to seek clarification of the state and federal governments' jurisdiction over their respective public land in Alaska and the relationship between the two governments with respect to that land and not to attempt to address, through this mechanism, questions related to subsistence; and be it" Senator Lincoln moved for the adoption of Amendment No. 1. Senator Miller objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1995-04-12 Senate Journal Page 1014 SJR 19 CSSJR 19(RES) Second Reading Amendment No. 1 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson and so, Amendment No. 1 failed. Senators Taylor, Halford moved and asked unanimous consent that they be shown as cosponsors on the resolution. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Objections were heard. The question being: "Shall the resolution be advanced to third reading?" The roll was taken with the following result: CSSJR 19(RES) Advance from Second to Third Reading? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, the resolution failed to advance to third reading. The resolution will appear on the April 13 calendar. 1995-04-12 Senate Journal Page 1015 CITATIONS Honoring - Corporal Justin Patterson Representative(s) Bunde Senator(s) Pearce, Donley, Taylor, Lincoln, Duncan, Zharoff, Kelly, Leman Honoring - Camp Fire Boys and Girls Representative(s) Bunde Senator(s) Pearce, Donley, Taylor, Phillips, Lincoln, Ellis, Duncan, Zharoff, Salo, Leman 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 SB 121 Senator Halford moved and asked unanimous consent that the reconsideration on SENATE BILL NO. 121 "An Act making an appropriation for deferred maintenance for the University of Alaska; and providing for an effective date" be held to April 13. Without objection, it was so ordered. SJR 17 The reconsideration on SENATE JOINT RESOLUTION NO. 17 Supporting the Alaska Humanities Forum and the National Endowment for the Humanities; endorsing federal legislation reauthorizing and funding the National Endowment for the Humanities; requesting the United States Congress to fund the National Endowment for the Humanities at a fair and reasonable level; and urging the President of the United States to support legislation reauthorizing and funding at a fair and reasonable level the National Endowment for the Humanities, was not taken up this legislative day and the resolution was referred to the Secretary for engrossment. 1995-04-12 Senate Journal Page 1016 ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SCR 12 SENATE CONCURRENT RESOLUTION NO. 12 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SJR 17 SENATE JOINT RESOLUTION NO. 17 Supporting the Alaska Humanities Forum and the National Endowment for the Humanities; endorsing federal legislation reauthorizing and funding the National Endowment for the Humanities; requesting the United States Congress to fund the National Endowment for the Humanities at a fair and reasonable level; and urging the President of the United States to support legislation reauthorizing and funding at a fair and reasonable level the National Endowment for the Humanities, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 147 SENATE BILL NO. 147 "An Act relating to a municipal river habitat protection tax credit" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 79 SENATE CS FOR CS FOR HOUSE BILL NO. 79(FIN) "An Act allowing the Department of Natural Resources to quitclaim land or interests in land, including submerged or shore land, to a municipality to correct errors or omissions of the municipality when inequitable detriment would result to a person due to that person's reliance upon the errors or omissions of the municipality" was engrossed, signed by the President and Secretary and returned to the House for consideration. 1995-04-12 Senate Journal Page 1017 ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 13, 1995. Without objection, the Senate adjourned at 7:53 p.m. Nancy Quinto Secretary of the Senate April 1995 1995-04-12 Senate Journal Page 1018 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 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 12 WEDNESDAY 9:00 AM BELOW BILLS HELD FROM 4/11/95 9:00 AM MEETING: SB 26 OFFENSES BY JUVENILE USING FIREARMS <TELECONFERENCE ON ABOVE BILL-INVITATION ONLY> SB 64 CONVERT AK RR TO PRIVATE CORPORATION SB 131 INVESTMENTS BY FIDUCIARIES SB 132 JUDICIAL REVIEW:TEACHER TENURE DECISIONS 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 BELOW BILLS PREVIOUSLY HEARD: SB 70 PUBLIC SCHOOL FOUNDATION PROGRAM <TELECONFERENCE ON ABOVE BILL-LISTEN ONLY> SB 54 ELECTRIC UTIL & SOLID WASTE REMOVAL <TELECONFERENCE ON ABOVE BILL-INVITATION ONLY> SB 96 UNFUNDED MANDATES ON MUNICIPALITIES SB 98 PERSONAL RESPONSIBILITY ACT OF 1995 SB 117 STATEWIDE INDEPENDENT LIVING COUNCIL HB 100 APPROP: FY 96 OPERATING & LOAN BUDGET 1995-04-12 Senate Journal Page 1019 FINANCE CONTINUED APR 12 WEDNESDAY 2:30 PM BELOW BILLS HELD FROM 4/12/95 9:00 AM MEETING: SB 64 CONVERT AK RR TO PRIVATE CORPORATION SB 131 INVESTMENTS BY FIDUCIARIES SB 132 JUDICIAL REVIEW:TEACHER TENURE DECISIONS <TELECONFERENCE ON ABOVE BILL> 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 BELOW BILLS PREVIOUSLY HEARD: SB 70 PUBLIC SCHOOL FOUNDATION PROGRAM SB 54 ELECTRIC UTIL & SOLID WASTE REMOVAL SB 96 UNFUNDED MANDATES ON MUNICIPALITIES SB 98 PERSONAL RESPONSIBILITY ACT OF 1995 <ABOVE BILL POSTPONED> APR 12 WEDNESDAY 5:30 PM HB 100 APPROP: FY 96 OPERATING & LOAN BUDGET APR 12 WEDNESDAY 8:20 PM HB 100 APPROP: FY 96 OPERATING & LOAN BUDGET APR 13 THURSDAY 9:00 AM -- CONTINUED FROM 04/12/95 -- SB 132 JUDICIAL REVIEW:TEACHER TENURE DECISIONS SB 54 ELECTRIC UTIL & SOLID WASTE REMOVAL SB 64 CONVERT AK RR TO PRIVATE CORPORATION SB 131 INVESTMENTS BY FIDUCIARIES SB 148 STATE EMP DEFINED CONTRIB RETIREMENT PROG SJR 14 CONFIRMATION OF MEMBERS OF PUBLIC CORP <PENDING REFERRAL> HB 183 FINANCING IMPROVEMENTS BY LEASE/PURCHASE HB 100 APPROP: FY 96 OPERATING & LOAN BUDGET SB 70 PUBLIC SCHOOL FOUNDATION PROGRAM <ABOVE BILL PREVIOUSLY HEARD> APR 19 WEDNESDAY 8:00 AM ***JOINT SENATE & HOUSE FINANCE MEETING*** SPRING REVENUE FORECAST BY CHUCK LOGSDON, CHIEF PETROLEUM ECONOMIST, OIL & GAS AUDIT DIVISION, DEPARTMENT OF REVENUE ---------------------------------------- 1995-04-12 Senate Journal Page 1020 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 12 WEDNESDAY 9:00 AM -- TELECONFERENCE -- SB 138 TUBERCULOSIS CONTROL SB 115 UNIFORM INTERSTATE FAMILY SUPPORT ACT SB 116 PATERNITY; CHILD SUPPORT ENFORCEMENT SB 137 RETIREMENT INCENTIVE PROGRAM BILLS PREVIOUSLY HEARD APR 14 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 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 ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 APR 13 THURSDAY 1:30 PM -- MEETING CANCELLED -- HB 46 ARCHITECT, ENGINEER & SURVEYOR REGULATION BILLS PREVIOUSLY HEARD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 APR 12 WEDNESDAY 3:30 PM -- TELECONFERENCE -- SB 97 DRAGONFLY AS STATE INSECT HB 239 DRAGONFLY AS STATE INSECT <PUBLIC HEARING NOTICE WAIVED> SB 130 MARINE PILOTS TESORO ROYALTY CONTRACTS BRIEFING CONFIRMATION HEARING: FRANK RUE, COMMISSIONER, DEPARTMENT OF FISH AND GAME SR 2 OPPOSE COAL AS HAZARDOUS/NOXIOUS SUBSTNCE ---------------------------------------- 1995-04-12 Senate Journal Page 1021 RULES FAHRENKAMP ROOM 203 APR 12 WEDNESDAY 1:00 PM HJR 22 ALASKA/RUSSIA MARITIME BOUNDARY HB 9 DAMAGE TO PROPERTY BY MINORS SJR 20 COMMUNITY DEVELOPMENT FISHING QUOTAS SB 135 PFD NOTICES AND ELIGIBILITY SB 87 ALCOHOLIC BEVERAGES: LOCAL OPTION & MISC. APR 13 THURSDAY 0:00 AM SB 26 OFFENSES BY JUVENILE USING FIREARMS SB 117 STATEWIDE INDEPENDENT LIVING COUNCIL TO MEET UPON ADJOURNMENT ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 APR 13 THURSDAY 3:30 PM HB 173 REPORTS TO THE LEGISLATURE SB 146 ELECTION CODE AND ADMINISTRATION SB 142 HUMAN RESOURCE INVESTMENT COUNCIL <TELECONFERENCE ON ABOVE BILL> 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 13 THURSDAY 1:30 PM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES GOVERNOR BELTZ ROOM 211 APR 12 WEDNESDAY 5:00 PM -- RESCHEDULED FROM 04/11/95 -- CLOSE OUT ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES FAHRENKAMP ROOM 203 APR 12 WEDNESDAY 3:00 PM -- RESCHEDULED FROM 04/11/95 -- SUBCOMMITTEE CLOSE OUT 1995-04-12 Senate Journal Page 1022 JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 APR 13 THURSDAY 3:00 PM REVIEW OF AUDIT AND RPLS