Legislature(1995 - 1996)
1995-05-04 Senate Journal
Full Journal pdf1995-05-04 Senate Journal Page 1503 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Thursday May 4, 1995 One Hundred Ninth Day Pursuant to adjournment the Senate was called to order by President Pearce at 12:06 p.m. The roll showed seventeen members present. Senators Frank, Leman, Taylor were absent. The prayer was offered by the Chaplain, Pastor Greg Lindsay of the Northern Light United Church. Senator Duncan moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Respecting the religious traditions of each person present, let us pray: God of the earth, the sky, sea. We thank You for this season of Spring. Unfold our winter spirits with the warmth of Your sun. Strengthen our lives with the power of Your wind. Renew our hearts as You bring rebirth to the soil. Grant today, most generous God, a renewed sense of what it means to be a servant. Remind us, too, of who You would have us serve. Amen. Senator Adams led the Senate in the pledge of allegiance. The presence of Senators Taylor, Leman was noted. 1503 1995-05-04 Senate Journal Page 1504 CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the one hundred eighth legislative day be approved as certified by the Secretary. Senator Adams objected, then withdrew his objection. There being no further objections, the journal was approved as certified. MESSAGES FROM THE HOUSE Messages of May 3 and 4 were read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 224 CS FOR HOUSE BILL NO. 224(STA) BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: "An Act relating to the state plumbing code." was read the first time and referred to the Labor and Commerce Committee. HB 292 CS FOR HOUSE BILL NO. 292(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to searches by peace officers who enforce fish and game laws, to false statements and omissions in regard to application for fish and game licenses, tags, and permits, and to nonresident hunters." was read the first time and referred to the Judiciary Committee. 1995-05-04 Senate Journal Page 1505 SB 150 Message of May 3 was read, stating the House passed and returned: SENATE BILL NO. 150 "An Act establishing Dutch Harbor Remembrance Day." The bill was referred to the Secretary for enrollment. STANDING COMMITTEE REPORTS Report dated May 1 was read stating: In accordance with AS 39.05.080, the Senate Judiciary Committee reviewed the following with regard to confirmation of the Governor's appointments: Commission on Judicial Conduct Patrick Brown JoAnn Holmes Arthur Peterson There were no stated objections to the confirmation of any of the named individuals by committee members. This does not reflect an intent by any of the members to vote for or against the individuals during any further proceedings. Signing the report: Senator Taylor, Chair, Senators Green, Miller, Adams. HJR 43 The Resources Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 43(FSH) Relating to commercial fishing and subsistence use in Glacier Bay National Park. Signing do pass: Senator Leman, Chair, Senator Hoffman. Signing no recommendation: Senators Lincoln, Pearce. Previous House zero fiscal note. The resolution was referred to the Rules Committee. 1995-05-04 Senate Journal Page 1506 HJR 44 The Resources Committee considered HOUSE JOINT RESOLUTION NO. 44 Proposing postage stamps honoring wild Alaska salmon and centuries of continued use of wild Alaska salmon for subsistence, sport, and commercial fish harvesters. Signing do pass: Senator Leman, Chair, Senators Hoffman, Lincoln, Pearce. Previous House zero fiscal note. The resolution was referred to the Rules Committee. HB 38 The Judiciary Committee considered CS FOR HOUSE BILL NO. 38(JUD) am "An Act relating to criminal sentencing; relating to good time credit; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite sentences, parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions; and amending Alaska Rule of Criminal Procedure 35." Signing no recommendation: Senator Taylor, Chair. Signing do pass: Senators Miller, Green. Previous House fiscal notes and zero fiscal notes. The bill was referred to the Finance Committee. HB 182 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 182(HES) "An Act allowing a dentist to delegate certain duties to a dental assistant." Signing no recommendation: Senator Green, Chair, Senator Salo. Signing do pass: Senators Miller, Leman. Previous House zero fiscal note. The bill was referred to the Labor and Commerce Committee. 1995-05-04 Senate Journal Page 1507 HB 195 The Resources Committee considered CS FOR HOUSE BILL NO. 195(RES) "An Act repealing the laws authorizing milk marketing orders." Signing do pass: Senator Leman, Chair, Senator Pearce. Signing no recommendation: Senators Hoffman, Lincoln. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 274 The Judiciary Committee considered CS FOR HOUSE BILL NO. 274(JUD) "An Act relating to the state's tuberculosis control program; and providing for an effective date." Signing do pass: Senator Taylor, Chair, Senators Green, Adams. Previous House zero fiscal notes. The bill was referred to the Finance Committee. HB 237 The Rules Committee considered CS FOR HOUSE BILL NO. 237(JUD) am "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to confidentiality of workers' compensation medical and rehabilitation information; to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits; to workers' compensation death benefits; to computation of workers' compensation benefits; to penalties for fraudulent acts related to workers' compensation; to immunity for employer workplace safety inspections related to workers' compensation insurance; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Signing no recommendation: Senator Duncan. Signing under other recommendations: Senator Salo. The bill is on today's calendar. 1995-05-04 Senate Journal Page 1508 CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 237 CS FOR HOUSE BILL NO. 237(JUD) am "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to confidentiality of workers' compensation medical and rehabilitation information; to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits; to workers' compensation death benefits; to computation of workers' compensation benefits; to penalties for fraudulent acts related to workers' compensation; to immunity for employer workplace safety inspections related to workers' compensation insurance; and providing for an effective date" was read the second time. Senator Pearce called the Senate. The call was satisfied. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 1471. Senator Ellis objected. The question being: "Shall the Judiciary Senate Committee Substitute be adopted?" The roll was taken with the following result: CSHB 237(JUD) am Second Reading Adopt Judiciary Senate Committee Substitute? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Salo, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 237(JUD) was adopted and read the second time. Senators Kelly, Ellis, Duncan offered Amendment No. 1 : 1995-05-04 Senate Journal Page 1509 HB 237 Page 8, line 26 through Page 9, line 8: Delete all material Renumber the following bill sections accordingly. Senator Kelly moved for the adoption of Amendment No. 1. Senator Taylor objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 237(JUD) Second Reading Amendment No. 1 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson and so, Amendment No. 1 failed. Senator Leman offered Amendment No. 2 : Page 3, lines 17-18, every occurrence: Delete: "plans" Insert: "drawings" Senator Leman moved for the adoption of Amendment No. 2. Senator Kelly objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 1995-05-04 Senate Journal Page 1510 HB 237 SCS CSHB 237(JUD) Second Reading Amendment No. 2 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Salo, Torgerson, Zharoff and so, Amendment No. 2 failed. Senator Halford moved and asked unanimous consent that the bill be held in second reading to the May 5 calendar. Without objection, it was so ordered. SENATE BILLS IN SECOND READING SB 136 CS FOR SENATE BILL NO. 136(FIN) "An Act making and amending appropriations; and providing for an effective date" which had been held in second reading (page 1494) was before the Senate. Senator Halford moved and asked unanimous consent that the bill with amendments pending, be held in second reading to the May 5 calendar. Without objection, it was so ordered. THIRD READING OF HOUSE BILLS HB 197 SENATE CS FOR CS FOR HOUSE BILL NO. 197(FIN) "An Act providing for exploration incentive credits for activities involving locatable and leasable mineral and coal deposits on certain land in the state; and providing for an effective date" was read the third time. 1995-05-04 Senate Journal Page 1511 HB 197 The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 197(FIN) "An Act providing for exploration incentive credits for activities involving locatable and leasable mineral and coal deposits on certain land in the state; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 197(FIN) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Ellis and so, SENATE CS FOR CS FOR HOUSE BILL NO. 197(FIN) passed the Senate. 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. Senator Ellis gave notice of reconsideration. HB 169 CS FOR HOUSE BILL NO. 169(RES) "An Act defining the scope of the responsibility of the Department of Natural Resources for regulating the mineral resources of the state" was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 169(RES) "An Act defining the scope of the responsibility of the Department of Natural Resources for regulating the mineral resources of the state" pass the Senate?" The roll was taken with the following result: 1995-05-04 Senate Journal Page 1512 HB 169 CSHB 169(RES) 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, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, CS FOR HOUSE BILL NO. 169(RES) passed the Senate. Senator Duncan gave notice of reconsideration. SENATE BILLS IN THIRD READING 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 before the Senate in third reading on reconsideration. Senator Halford moved and asked unanimous consent that the reconsideration on SENATE BILL NO. 121 be held to the May 5 calendar. Without objection, it was so ordered. SENATE BILL NO. 121 will appear in third reading on reconsideration on the May 5 calendar. CITATIONS Honoring - Reggie Johnson, Girl Scout Volunteer Senator(s) Duncan, Pearce, Zharoff, Taylor, Hoffman, Lincoln Honoring - Kristi Monroe, Girl Scout Volunteer Senator(s) Duncan, Pearce, Zharoff, Taylor, Hoffman, Lincoln 1995-05-04 Senate Journal Page 1513 In Memoriam - Sandra Kay Moll Representative(s) Davies Senator(s) Miller, Zharoff, Taylor, Hoffman, Lincoln, Duncan In Memoriam - Bjorn Gilford Johnson Senator(s) Donley, Zharoff, Taylor, Hoffman, Lincoln, 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 HB 182 Senator Kelly, Chair, moved and asked unanimous consent that the Labor and Commerce Committee referral be waived on CS FOR HOUSE BILL NO. 182(HES) "An Act allowing a dentist to delegate certain duties to a dental assistant." Without objection, CS FOR HOUSE BILL NO. 182(HES) was referred to the Rules Committee. RECONSIDERATION OF SENATE BILLS SB 148 Senator Duncan requested that the reconsideration on CS FOR SENATE BILL NO. 148(RLS) am "An Act relating to contributions and benefits in the teachers' retirement system and in the public employees' retirement system; relating to retirement incentive programs for the public employees' retirement system, and the teachers' retirement system; relating to separation incentives for certain state employees; repealing a provision permitting the National Education Association to participate in the teachers' retirement system; and providing for an effective date" be taken up. CS FOR SENATE BILL NO. 148(RLS) am was before the Senate on reconsideration. 1995-05-04 Senate Journal Page 1514 SB 148 The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 148(RLS) am "An Act relating to contributions and benefits in the teachers' retirement system and in the public employees' retirement system; relating to retirement incentive programs for the public employees' retirement system, and the teachers' retirement system; relating to separation incentives for certain state employees; repealing a provision permitting the National Education Association to participate in the teachers' retirement system; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 148(RLS) am Third Reading - On Reconsideration YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Salo, Zharoff and so, CS FOR SENATE BILL NO. 148(RLS) am 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: CSSB 148(RLS) am Effective Date Vote YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Zharoff changed from "Yea" to "Nay". 1995-05-04 Senate Journal Page 1515 SB 148 and so, the effective date clause failed and CS FOR SENATE BILL NO. 148(RLS) am(efd fld) was referred to the Secretary for engrossment. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 148 CS FOR SENATE BILL NO. 148(RLS) am(efd fld) "An Act relating to contributions and benefits in the teachers' retirement system and in the public employees' retirement system; relating to retirement incentive programs for the public employees' retirement system, and the teachers' retirement system; relating to separation incentives for certain state employees; repealing a provision permitting the National Education Association to participate in the teachers' retirement system" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. ENROLLMENT SB 7 SENATE BILL NO. 7 "An Act relating to bail after conviction for various felonies if the defendant has certain previous felony convictions" 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 11:00 a.m., May 4, 1995. SB 27 HOUSE CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 27(JUD) "An Act relating to child visitation rights of grandparents and other persons who are not the parents of the child" 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 11:00 a.m., May 4, 1995. 1995-05-04 Senate Journal Page 1516 SB 147 HOUSE CS FOR SENATE BILL NO. 147(RES) "An Act relating to a municipal river habitat protection tax credit" 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 11:00 a.m., May 4, 1995. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 5, 1995. Without objection, the Senate adjourned at 1:17 p.m. Nancy Quinto Secretary of the Senate May 1995 1995-05-04 Senate Journal Page 1517 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 MAY 05 FRIDAY 1:30 PM BILLS AS ANNOUNCED BY THE CHAIR UNDER UNIFORM RULE 23(D) ---------------------------------------- FINANCE SENATE FINANCE 532 MAY 04 THURSDAY 2:15 PM HB 130 REGULATION ADOPTION PROCEDURES & REVIEW SB 167 DAY FINES & INFO FOR COLLECTING FINES BILLS PREVIOUSLY HEARD ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAY 04 THURSDAY 9:00 AM HB 182 DELEGATION OF DUTIES TO DENTAL ASSISTANTS ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAY 05 FRIDAY 1:30 PM -- TELECONFERENCE -- HB 201 PRISONER LITIGATION AND APPEALS HB 158 CIVIL LIABILITY BILLS PREVIOUSLY HEARD ---------------------------------------- 1995-05-04 Senate Journal Page 1518 LABOR & COMMERCE FAHRENKAMP RM 203 MAY 04 THURSDAY 1:30 PM -- TELECONFERENCE -- OVERVIEW ON BELOW BILL: SB 157 SMALL LOANS & RETAIL INSTALLMENT SALES ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAY 04 THURSDAY 2:00 PM HB 207 ADJUSTMENTS TO OIL AND GAS ROYALTIES HB 141 TERM OF FISH BOARD MEMBERS MAY 05 FRIDAY 3:30 PM HJR 24 WASTE IN PACIFIC AND BERING SEA FISHERY HJR 38 MAGNUSON FISHERY CONSERVATION & MGMT ACT SJR 28 KENAI PENINSULA SUBSISTENCE PROPOSAL BILLS PREVIOUSLY HEARD ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAY 05 FRIDAY 8:50 AM HJR 43 FISHING AND SUBSISTENCE IN GLACIER BAY HJR 44 POSTAGE STAMP HONORING ALASKA SALMON HB 195 REPEAL MILK MARKETING LAWS HB 182 DELEGATION OF DUTIES TO DENTAL ASSISTANTS ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAY 04 THURSDAY 3:30 PM -- MEETING CANCELLED -- BILLS PREVIOUSLY HEARD MAY 05 FRIDAY 8:30 AM SB 118 TAX CREDIT: GIFTS TO PUBLIC BROADCASTING MAY 09 TUESDAY 3:30 PM -- AGENDA TO BE ANNOUNCED -- MAY 11 THURSDAY 3:30 PM -- AGENDA TO BE ANNOUNCED -- 1995-05-04 Senate Journal Page 1519 JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 MAY 11 THURSDAY 9:00 AM REVIEW OF AUDIT REQUESTS, RPLS, DISCUSSION OF DRAFT BILL REPEALING MERGER OF AHFC, DCRA, AND ASHA HOUSING PROGRAMS ---------------------------------------- CONFERENCE COMMITTEE ON HB 100 SENATE FINANCE 532 MAY 04 THURSDAY 3:00 PM HEALTH, EDUCATION & SOCIAL SERVICES, ENVIRONMENTAL CONSERVATION, AND PUBLIC SAFETY OTHER COMMITTEES MAJORITY CAUCUS BUTROVICH ROOM 205 MAY 04 THURSDAY 10:00 AM MAJORITY CAUCUS MAY 05 FRIDAY 9:00 AM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 MAY 04 THURSDAY 1:15 PM MINORITY CAUCUS