Legislature(1995 - 1996)
1995-04-22 Senate Journal
Full Journal pdf1995-04-22 Senate Journal Page 1187 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Saturday April 22, 1995 Ninety-seventh Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:30 a.m. The roll showed fourteen members present. Senator Lincoln was excused from a call of the Senate. Senators Ellis, Green, Kelly, Phillips, Rieger were absent. The prayer was offered by the Chaplain, Victoria Shaver, Assistant Sergeant at Arms. Senator Adams moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear God, We thank You for this day and for the opportunity to serve Alaska and her people. Please bless each body with the strength and guidance needed to make the difficult decisions that lie ahead. In Your name we pray. Amen. Senator Miller led the Senate in the pledge of allegiance. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the ninety-sixth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senators Green, Phillips was noted. 1187 1995-04-22 Senate Journal Page 1188 Senator Hoffman moved and asked unanimous consent that Senator Kelly be excused from a call of the Senate on April 22. Without objection, Senator Kelly was excused. MESSAGES FROM THE HOUSE HB 215 Message of April 21 was read, stating the House concurred in the Senate amendment to HOUSE BILL NO. 215 am, thus passing: SENATE CS FOR HOUSE BILL NO. 215(RLS) "An Act relating to suspension of a student from a public school." Message of April 21 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 43 CS FOR HOUSE JOINT RESOLUTION NO. 43(FSH) BY THE HOUSE SPECIAL COMMITTEE ON FISHERIES, Relating to commercial fishing and subsistence use in Glacier Bay National Park. was read the first time and referred to the Resources Committee. FIRST READING AND REFERENCE OF HOUSE BILLS HB 65 CS FOR HOUSE BILL NO. 65(HES) am BY THE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." 1995-04-22 Senate Journal Page 1189 HB 65 was read the first time and referred to the Health, Education and Social Services and Finance Committees. STANDING COMMITTEE REPORTS HJR 1 The Judiciary Committee considered HOUSE JOINT RESOLUTION NO. 1 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. Signing do pass: Senator Taylor, Chair, Senators Miller, Green. Signing do not pass: Senator Adams. Previous House fiscal note and House zero fiscal note. The resolution was referred to the Finance Committee. SR 2 The Rules Committee considered SENATE RESOLUTION NO. 2 Opposing a proposed international convention classifying coal as a hazardous and noxious material. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. The resolution is on today's calendar. HB 115 The Rules Committee considered CS FOR HOUSE BILL NO. 115(JUD) am "An Act relating to settlement and payment of claims for overtime compensation claims and to liquidated damages and attorney fees for overtime compensation claims." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. The bill is on today's calendar. HB 173 The Rules Committee considered HOUSE BILL NO. 173 "An Act relating to reports by state agencies." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. The bill is on today's calendar. 1995-04-22 Senate Journal Page 1190 INTRODUCTION AND REFERENCE OF SENATE BILLS SB 164 SENATE BILL NO. 164 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act approving the sale of Prudhoe Bay Unit royalty oil by the State of Alaska to Tesoro Alaska Petroleum Company; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. Zero fiscal notes published today from Department of Revenue, Department of Natural Resources. Governor's transmittal letter dated April 22: Dear President Pearce: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that provides for legislative approval of a royalty oil contract between the state and Tesoro Alaska Petroleum Company for the sale of Prudhoe Bay Unit royalty oil. Also transmitted with this bill are copies of the resolution of the Alaska Royalty Oil and Gas Development Advisory Board recommending approval of that contract in accordance with AS38.06.040(a)(3) and 38.06.050(a), and the report required by AS38.06.070(c). The contract is described in a final finding issued by the commissioner of the Department of Natural Resources on April21, 1995. A copy of the commissioner's final finding and the signed contract are attached. Copies of the commissioners preliminary finding and the draft contract previously were sent to the legislature and made available to the public for review. 1995-04-22 Senate Journal Page 1191 SB 164 A bill approving the contract is being introduced for legislative approval for two reasons. First, as a matter of comity, I respect the legislature's desire to have a direct voice in major disposals of royalty oil. Therefore, although this and previous Administrations have consistently taken the position that the statutory requirement of legislative approval of royalty oil contracts (AS 38.06.055) is unconstitutional, the contract itself contains provisions requiring approval by the legislature before it can take effect. Second, this legislation would ratify the royalty oil contract. This ratification would cure any procedural defect that might have occurred in the process of entering into this contract. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor The following were received and will be published in House and Senate Joint Journal Supplement No. 12: Agreement for the Sale and Purchase of State Royalty Oil to Tesoro Alaska Petroleum Company, from the Department of Natural Resources Final Finding and Determination to Sell Royalty Oil to Tesoro Alaska Petroleum Company, from the Department of Natural Resources The Alaska Royalty Oil and Gas Development Advisory Board, Resolution 95-1 1995-04-22 Senate Journal Page 1192 CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 115 CS FOR HOUSE BILL NO. 115(JUD) am "An Act relating to settlement and payment of claims for overtime compensation claims and to liquidated damages and attorney fees for overtime compensation claims" was read the second time. Senator Halford moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Senator Adams objected. The presence of Senator Ellis was noted. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: CSHB 115(JUD) am Advance from Second to Third Reading? YEAS: 9 NAYS: 7 EXCUSED: 2 ABSENT: 2 Yeas: Green, Halford, Leman, Miller, Pearce, Phillips, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Salo, Zharoff Excused: Kelly, Lincoln Absent: Frank, Rieger and so, the bill was not advanced to third reading. CS FOR HOUSE BILL NO. 115(JUD) am will appear on the April 24 calendar. The presence of Senator Rieger was noted. HB 173 HOUSE BILL NO. 173 "An Act relating to reports by state agencies" was read the second time. 1995-04-22 Senate Journal Page 1193 Senator Duncan called the Senate. HB 173 Senator Halford 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. 173 was read the third time. Senator Halford moved and asked unanimous consent that the House Letter of Intent offered on House Journal page 866 be adopted. Without objection, the Letter of Intent was adopted. The question being: "Shall HOUSE BILL NO. 173 "An Act relating to reports by state agencies" pass the Senate?" The roll was taken with the following result: HB 173 Third Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Kelly, Lincoln and so, HOUSE BILL NO. 173 passed the Senate was signed by the President and Secretary and returned to the House with a Legislative Letter of Intent. SECOND READING OF SENATE RESOLUTIONS SR 2 SENATE RESOLUTION NO. 2 Opposing a proposed international convention classifying coal as a hazardous and noxious material, was read the second time. 1995-04-22 Senate Journal Page 1194 SR 2 Senator Leman moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 1085. Without objection, CS FOR SENATE RESOLUTION NO. 2(RES) was adopted, read the second time and was before the Senate on final passage. The question being: "Shall CS FOR SENATE RESOLUTION NO. 2(RES) Opposing a proposed international convention classifying coal as a hazardous and noxious material pass the Senate?" The roll was taken with the following result: CSSR 2(RES) Final Passage YEAS: 17 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Green, Halford, Hoffman, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Ellis Excused: Kelly, Lincoln and so, CS FOR SENATE RESOLUTION NO. 2(RES) passed the Senate. Senator Duncan gave notice of reconsideration. CITATIONS Honoring - Kaveolook Middle School for the Inupiaq Numeral System Senator(s) Adams, Pearce, Zharoff, Ellis, Lincoln, Taylor, Duncan, Hoffman, Leman, Rieger Senator Halford moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. 1995-04-22 Senate Journal Page 1195 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 25. Without objection, it was so ordered. RECONSIDERATION OF HOUSE BILLS HB 100 Senator Duncan requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" be taken up at this time. SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) am S was before the Senate on reconsideration. Senator Salo moved that the Senate return to second reading for the purpose of rescinding its previous action in adopting Amendment No. 1. Senator Taylor objected. The question being: "Shall the Senate return to second reading for the purpose of rescinding its previous action in adopting Amendment No. 1?" The roll was taken with the following result: SCS CSHB 100(FIN) am S Return to Second to Rescind Previous Action YEAS: 8 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Phillips, Salo, Zharoff Nays: Frank, Green, Halford, Leman, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson 1995-04-22 Senate Journal Page 1196 HB 100 Excused: Kelly, Lincoln and so, the motion failed. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 100(FIN) am S Third Reading - On Reconsideration YEAS: 11 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Frank, Green, Halford, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Salo, Zharoff Excused: Kelly, Lincoln Halford changed from "Nay" to "Yea". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) am S 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: 1995-04-22 Senate Journal Page 1197 HB 100 SCS CSHB 100(FIN) am S Effective Date Vote YEAS: 11 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Frank, Green, Halford, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Salo, Zharoff Excused: Kelly, Lincoln and so, the effective date clause failed. The Senate stood at ease at 12:34 p.m. The Senate reconvened at 2:19 p.m. The presence of Senator Kelly was noted. HB 100 Senator Halford moved for the approval of the appropriations from the budget reserve sections. The question being: "Shall the appropriations from the budget reserve sections be approved?" The roll was taken with the following result: SCS CSHB 100(FIN) am S Budget Reserve Fund YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Phillips, Salo, Zharoff Excused: Lincoln 1995-04-22 Senate Journal Page 1198 HB 100 and so, those sections requiring a super-majority vote failed and those sections requiring a simple-majority vote passed. Senator Halford moved and asked unanimous consent that under Rule 43(b) of the Uniform Rules engrossment be waived. Without objection, the bill was transmitted to the House with the certified amendment. ANNOUNCEMENTS Announcements are at the end of the journal. ENROLLMENT SB 106 CS FOR SENATE BILL NO. 106(JUD) "An Act prohibiting minors from patronizing businesses that offer adult entertainment and prohibiting the employment of minors at businesses offering adult entertainment" 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 1:10 p.m., April 22, 1995. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 24, 1995. Without objection, the Senate adjourned at 2:32 p.m. Nancy Quinto Secretary of the Senate April 1995 1995-04-22 Senate Journal Page 1199 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 24 MONDAY 1:30 PM BILLS PENDING AT CALL OF CHAIR APR 26 WEDNESDAY 1:30 PM BILLS PENDING AT CALL OF CHAIR APR 28 FRIDAY 1:30 PM BILLS PENDING AT CALL OF CHAIR ---------------------------------------- FINANCE SENATE FINANCE 532 APR 24 MONDAY 11:00 AM PREVIOUSLY SCHEDULED BILLS PLUS THE FOLLOWING: SB 77 INTENSIVE MANAGEMENT OF GAME SB 81 CLASSIFYING WOLF AS PREDATOR SB 124 HUMAN SERVICES COMMUNITY MATCHING GRANTS HB 80 DNR APPROVAL OF PLATS IN UNORG BOROUGH HB 169 DEPT. NAT RES. IS LEAD AGENCY FOR MINING APR 24 MONDAY 2:00 PM SB 136 APPROP: FY 96 CAPITAL PROJECTS BUDGET APR 25 TUESDAY 9:00 AM -- PREVIOUSLY SCHEDULED BILLS -- APR 26 WEDNESDAY 9:00 AM -- PREVIOUSLY SCHEDULED BILLS -- APR 27 THURSDAY 9:00 AM -- PREVIOUSLY SCHEDULED BILLS -- APR 28 FRIDAY 9:00 AM -- PREVIOUSLY SCHEDULED BILLS -- 1995-04-22 Senate Journal Page 1200 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 24 MONDAY 9:00 AM NO MEETING SCHEDULED APR 26 WEDNESDAY 9:00 AM -- TELECONFERENCE -- SB 2 UNEMPL'T COMP: NONCERTIFICATED SCH. EMPS. SB 18 REAA ADVISORY VOTES APR 28 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 22 SATURDAY 10:00 AM -- RESCHEDULED FROM 04/21/95 -- HJR 1 REPEAL OF REGULATIONS BY LEGISLATURE HJR 5 LIMITING TERMS OF STATE LEGISLATORS SB 154 AGGRAVATING FACTORS AT SENTENCING SB 155 DO JAIL TIME BY ELECTRONIC MONITORING HB 42 ABSENTEE VOTING & USE OF FAX BILLS PREVIOUSLY HEARD APR 24 MONDAY 1:30 PM HB 200 CUSTODY OF PRISONERS HB 28 POSSESSION OF GUNS ON SCHOOL PROPERTY SB 115 UNIFORM INTERSTATE FAMILY SUPPORT ACT SB 116 PATERNITY; CHILD SUPPORT ENFORCEMENT BELOW BILLS PREVIOUSLY HEARD: HB 42 ABSENTEE VOTING & USE OF FAX HJR 5 LIMITING TERMS OF STATE LEGISLATORS SB 95 INSURANCE AGAINST UNINSURED DRIVERS APR 26 WEDNESDAY 1:30 PM HB 39 AUTHORITY TO PRONOUNCE DEATH HB 74 ASSAULT BY ADULTS ON CHILDREN HB 219 PAROLE OF TERMINALLY ILL PRISONERS <PENDING REFERRAL> BILLS PREVIOUSLY HEARD ---------------------------------------- 1995-04-22 Senate Journal Page 1201 LABOR & COMMERCE FAHRENKAMP RM 203 APR 25 TUESDAY 1:30 PM -- TELECONFERENCE -- CONFIRMATION HEARINGS SB 158 PHARMACISTS AND PHARMACIES HB 231 INTERVIEWS BY THE STATE MEDICAL BOARD HB 168 PERMITS FOR NONRESIDENT OPTOMETRISTS ---------------------------------------- RESOURCES BUTROVICH ROOM 205 APR 22 SATURDAY 12:45 PM -- RESCHEDULED FROM 04/21/95 -- -- TELECONFERENCE -- HB 140 SMALL FISH PROCESSOR SURETY BONDS HB 141 TERM OF FISH & GAME BOARD MEMBERS HB 107 RESTRICTED LIMITED ENTRY PERMITS HB 102 EXTEND BIG GAME COMMERCIAL SERVICES BOARD HB 207 ADJUSTMENTS TO OIL AND GAS ROYALTIES BILLS PREVIOUSLY HEARD TO MEET UPON ADJOURNMENT APR 24 MONDAY 3:30 PM -- TELECONFERENCE -- HB 208 SEAFOOD PROCESSING STANDARDS HB 225 ELEPHANT PERMIT HJR 23 COMMUNITY DEVELOPMENT FISHING QUOTAS BELOW BILL PREVIOUSLY HEARD: HB 197 MINERAL EXPLORATION INCENTIVE CREDITS APR 26 WEDNESDAY 3:30 PM -- TELECONFERENCE -- SB 164 APPROVE TESORO ROYALTY OIL AGREEMENT SJR 22 FISH & MARINE MAMMAL RESEARCH BERING SEA BILLS PREVIOUSLY HEARD BELOW CONTINUED FROM 04/12/95: CONFIRMATION HEARING: FRANK RUE, COMMISSIONER, DEPARTMENT OF FISH AND GAME APR 28 FRIDAY 3:30 PM -- TELECONFERENCE -- BILLS PREVIOUSLY HEARD ---------------------------------------- 1995-04-22 Senate Journal Page 1202 RULES FAHRENKAMP ROOM 203 APR 22 SATURDAY 2:30 PM SR 1 DAY OF PRAYER IN ALASKA SJR 18 CREATION OF ARCTIC COUNCIL SJR 21 ANWR SPECIAL REVENUE FUND SB 79 ADJUSTMENTS FOR DEFECTIVE SURVEY SB 25 REPEAL VEGETABLE DEALER LICENSING SB 131 INVESTMENTS BY FIDUCIARIES SB 150 DUTCH HARBOR REMEMBRANCE DAY HB 46 ARCHITECT, ENGINEER & SURVEYOR REGULATION HB 86 MUNICIPAL PERSONAL PROPERTY TAXATION HB 108 USE PFD'S TO RECOVER WELFARE OVERPAYMENTS HB 164 ESTABLISH PEARL HARBOR DAY HB 220 ALASKA TOURISM MARKETING COUNCIL ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 APR 25 TUESDAY 3:30 PM HB 13 CAMPAIGN FILINGS & DISCLOSURES HB 44 GAMING PROCEEDS/DEFINE CHARITABLE ORG'NS SB 143 AHFC TRANSFERS TO GENERAL FUND; BONDS SB 144 FINANCING REPAIR/REHAB OF U AK BLDGS BILLS PREVIOUSLY HEARD APR 27 THURSDAY 3:30 PM SB 118 TAX CREDIT: GIFTS TO PUBLIC BROADCASTING BILLS PREVIOUSLY HEARD JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 APR 24 MONDAY 9:00 AM REVIEW OF AUDITS AND RPLS AHFC BUILDING SHUT-DOWN UPDATE OTHER COMMITTEES MAJORITY CAUCUS BUTROVICH ROOM 205 APR 22 SATURDAY 12:20 PM MAJORITY CAUCUS