Legislature(1995 - 1996)
1995-05-06 Senate Journal
Full Journal pdf1995-05-06 Senate Journal Page 1543 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Saturday May 6, 1995 One Hundred Eleventh Day Pursuant to adjournment the Senate was called to order by President Pearce at 8:14 p.m. The roll showed Senators Duncan, Frank, Halford, Leman, Miller, Pearce, Zharoff present. Senator Frank led the Senate in the pledge of allegiance. Messages of May 5 and 6 were read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 14 HOUSE CONCURRENT RESOLUTION NO. 14 BY THE HOUSE STATE AFFAIRS COMMITTEE, Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 5, relating to election administration and the Alaska Election Code. was read the first time and will be held on the Secretary's Desk. 1543 1995-05-06 Senate Journal Page 1544 FIRST READING AND REFERENCE OF HOUSE BILLS HB 35 CS FOR HOUSE BILL NO. 35(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to sexual misconduct as grounds for imposing disciplinary sanctions on persons licensed by the State Medical Board." was read the first time and referred to the Health, Education and Social Services Committee. HB 269 CS FOR HOUSE BILL NO. 269(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to credits against certain taxes for contributions to certain public educational radio and television networks and stations and to endowments for public educational radio and television networks and stations, increasing the amounts that may be claimed as credits against certain state taxes, and precluding claims of the contributions as both credits and deductions against the taxes; amending the manner of computing refunds to local governments of the fisheries business tax and the fishery resource landing tax; establishing credits against the fishery resource landing tax; and terminating the public educational radio and television credits authorized by this Act at the end of five years; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 287 HOUSE BILL NO. 287 BY REPRESENTATIVE ROKEBERG BY REQUEST, entitled: "An Act relating to outdoor advertising on trash receptacles and restrictions on outdoor advertising." 1995-05-06 Senate Journal Page 1545 HB 287 was read the first time and referred to the Transportation Committee. HB 288 CS FOR HOUSE BILL NO. 288(L&C) am BY THE HOUSE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to procurement preferences and authorizing certain state real property lease extensions; and providing for an effective date." was read the first time and referred to the Labor and Commerce Committee. HB 291 CS FOR HOUSE BILL NO. 291(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to civil liability for skateboarding; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Judiciary Committees. STANDING COMMITTEE REPORTS SJR 28 The Resources Committee considered SENATE JOINT RESOLUTION NO. 28 Requesting that the Federal Subsistence Board not adopt the proposed subsistence moose hunting regulations for the Kenai Peninsula and the customary and traditional use determination for certain communities on the Kenai Peninsula. Signing no recommendation: Senator Leman, Chair, Senators Lincoln, Hoffman. Signing do pass: Senator Taylor. Zero fiscal note published today from Department of Fish and Game. The resolution was referred to the State Affairs Committee. 1995-05-06 Senate Journal Page 1546 SB 71 The Finance Committee considered SENATE BILL NO. 71 "An Act relating to deep freeze classics; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 71(FIN), entitled: "An Act relating to deep freeze classics, mercury classics, and snow machine classics; and providing for an effective date." Signing do pass: Senator Frank, Cochair, Senators Rieger, Sharp. Signing do not pass: Senator Halford, Cochair. Signing no recommendation: Senator Zharoff. Previous zero fiscal note. The bill was referred to the Rules Committee. HJR 24 The Resources Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 24(FSH) Relating to reduction of wanton waste in North Pacific Ocean and Bering Sea fisheries. Signing do pass: Senator Leman, Chair, Senators Pearce, Taylor, Lincoln, Hoffman, Halford, Frank. Previous House zero fiscal note. The resolution was referred to the Rules Committee. HJR 38 The Resources Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 38(FSH) Relating to reauthorization of the Magnuson Fishery Conservation and Management Act. Signing do pass: Senator Leman, Chair, Senators Halford, Pearce, Hoffman. Signing no recommendation: Senators Taylor, Lincoln. Previous House zero fiscal note. The resolution was referred to the Rules Committee. 1995-05-06 Senate Journal Page 1547 HB 32 The Finance Committee considered CS FOR HOUSE BILL NO. 32(FIN) "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." Signing do pass: Senators Frank, Halford, Cochairs, Senator Sharp. Signing no recommendation: Senators Rieger, Phillips, Zharoff. Previous House fiscal note. The bill was referred to the Rules Committee. HB 44 The Finance Committee considered CS FOR HOUSE BILL NO. 44(FIN) am "An Act relating to reporting by permittees, licensees, and vendors; relating to municipal regulation of charitable gaming; providing that a political group is not a qualified organization for purposes of charitable gaming, other than raffles, and relating to those raffles; relating to identification to the public of each permittee that will benefit from the sale of each pull-tab series and each bingo session; providing that the proceeds from charitable gaming, other than certain raffles conducted by a political organization, may not be contributed to a political party or other political group; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 44(FIN) (forthcoming) Signing do pass: Senators Frank, Halford, Cochairs, Senators Phillips, Sharp, Rieger. Signing no recommendation: Senator Zharoff. Fiscal note for the Finance Senate Committee Substitute published today from Department of Revenue. The bill was referred to the Rules Committee. 1995-05-06 Senate Journal Page 1548 HB 78 The Finance Committee considered CS FOR HOUSE BILL NO. 78(FIN) am "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents; proposing special demonstration projects within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the projects; amending Alaska Rule of Civil Procedure 90.3; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) Signing do pass: Senators Halford, Frank, Cochairs, Senator Sharp. Signing no recommendation: Senators Rieger, Phillips. Signing do not pass: Senator Zharoff. Fiscal notes for the Senate Committee Substitute published today from Alaska Court System, Department of Public Safety, Department of Education, Department of Revenue, Department of Commerce and Economic Development (3), Department of Labor (2). Zero fiscal note for the Senate Committee Substitute published today from Department of Labor. Previous House fiscal and zero fiscal notes. The bill was referred to the Rules Committee. HB 107 The Finance Committee considered CS FOR HOUSE BILL NO. 107(FSH) "An Act relating to restrictions attached to certain commercial fisheries limited entry permits." Signing no recommendation: Senator Halford, Cochair, Senators Phillips, Sharp. Signing do pass: Senators Rieger, Zharoff. Previous House zero fiscal note. The bill was referred to the Rules Committee. 1995-05-06 Senate Journal Page 1549 HB 120 The Judiciary Committee considered CS FOR HOUSE BILL NO. 120(FIN) "An Act relating to public employers defending and indemnifying public employees and former public employees with respect to claims arising out of conduct that is within the scope of employment." Signing no recommendation: Senator Taylor, Chair. Signing do pass: Senators Miller, Green. Signing do not pass: Senator Adams. Previous House zero fiscal notes. The bill was referred to the Finance Committee. HB 141 The Resources Committee considered CS FOR HOUSE BILL NO. 141(FSH) "An Act relating to the appointment of members of the Board of Fisheries" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 141(RES) Signing do pass: Senator Leman, Chair. Signing no recommendation: Senators Hoffman, Lincoln, Taylor. Previous House zero fiscal note. The bill was referred to the Finance Committee. HB 207 The Resources Committee considered CS FOR HOUSE BILL NO. 207(FIN) am "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 207(RES) Signing do pass: Senator Leman, Chair. Signing do pass, if not amended: Senator Pearce. Signing amend: Senators Hoffman, Lincoln. Signing no recommendation: Senators Taylor, Frank. 1995-05-06 Senate Journal Page 1550 HB 207 Previous House fiscal notes and zero fiscal notes. The bill was referred to the Finance Committee. HB 217 The Finance Committee considered CS FOR HOUSE BILL NO. 217(L&C) am(efd fld) "An Act relating to teacher tenure, teacher layoff and rehire rights, public access to information on public school collective bargaining, and to the right of tenured teachers to judicial review of decisions of nonretention or dismissal; and relating to retirement for certain employees of school districts, regional resource centers, the state boarding school, and regional educational attendance areas" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 217(FIN) (forthcoming) Signing do pass: Senators Frank, Halford, Cochairs, Senators Rieger, Sharp. Signing no recommendation: Senator Phillips. Signing do not pass: Senator Zharoff. Fiscal note for the Finance Senate Committee Substitute published today from Department of Administration. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 219 The Judiciary Committee considered CS FOR HOUSE BILL NO. 219(FIN) "An Act relating to medical care for prisoners; and authorizing special medical parole for severely medically disabled or quadriplegic prisoners." Signing do pass: Senator Taylor, Chair, Senators Miller, Green. Signing no recommendation: Senators Adams, Ellis. Previous House zero fiscal notes. The bill was referred to the Rules Committee. 1995-05-06 Senate Journal Page 1551 HB 234 The Judiciary Committee considered CS FOR HOUSE BILL NO. 234(JUD) "An Act relating to administrative adjudication under the Administrative Procedure Act." Signing do pass: Senator Taylor, Chair. Signing no recommendation: Senators Miller, Adams, Green, Ellis. Previous House zero fiscal notes. The bill was referred to the Rules Committee. HB 315 The Finance Committee considered CS FOR HOUSE BILL NO. 315(FIN) "An Act relating to the Alaska Science and Technology Foundation and to the financing of technological developments by public corporations of the state; relating to the financing of the Kodiak launch complex, the Fairbanks satellite ground station space park, and a low-rank coal water fuel technology project; and relating to a feasibility study to be conducted concerning the establishment of a Challenger Learning Center for the study of science and technology." Signing do pass: Senator Frank, Cochair, Senators Rieger, Zharoff. Signing no recommendation: Senator Halford, Cochair, Senator Sharp. Previous House zero fiscal note. The bill was referred to the Rules Committee. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SJR 29 SENATE JOINT RESOLUTION NO. 29 BY SENATORS HALFORD, Green, Phillips, Requesting the Congress to clarify that the Reindeer Industry Act of 1937 no longer applies in the State of Alaska. was read the first time and referred to the Resources Committee. 1995-05-06 Senate Journal Page 1552 The presence of Senator Phillips was noted. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 175 SENATE BILL NO. 175 BY SENATOR DONLEY, entitled: "An Act relating to correctional institutions and their administration; providing the Department of Corrections with the authority to require prisoners to assist in paying for medical treatment; relating to the authority of a law enforcement agency to charge a prisoner for medical costs for a preexisting condition; and relating to service of criminal sentences." was read the first time and referred to the Judiciary and Finance Committees. SB 176 SENATE BILL NO. 176 BY THE SENATE RESOURCES COMMITTEE, entitled: "An Act relating to regulation of certain natural gas exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements, and amending the duties of the Alaska Oil and Gas Conservation Commission as they relate to natural gas exploration activities; and providing for an effective date." was read the first time and referred to the Resources Committee. SB 177 SENATE BILL NO. 177 BY SENATOR GREEN, entitled: "An Act relating to permits to carry concealed handguns." was read the first time and referred to the State Affairs and Judiciary Committees. 1995-05-06 Senate Journal Page 1553 ANNOUNCEMENTS Announcements are at the end of the journal. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 2:00 p.m., May 7, 1995. Without objection, the Senate adjourned at 8:30 p.m. Nancy Quinto Secretary of the Senate May 1995 1995-05-06 Senate Journal Page 1554 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 FINANCE SENATE FINANCE 532 MAY 06 SATURDAY 9:00 AM BILLS PREVIOUSLY HEARD MAY 07 SUNDAY 12:00 PM HB 207 ADJUSTMENTS TO OIL AND GAS ROYALTIES HB 268 APPROP: FY 96 CAPITAL PROJECTS BUDGET <PENDING REFERRAL> HB 233 EXTENSION OF MISC BOARDS & COMMISSIONS PREVIOUSLY SCHEDULED BILLS ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAY 07 SUNDAY 1:00 PM -- TIME CHANGE -- HB 35 SEXUAL MISCONDUCT BY MEDICAL PROFESSIONAL ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAY 08 MONDAY 1:30 PM HB 201 PRISONER LITIGATION AND APPEALS HB 10 PAYMENT OF COSTS OF DWI ACCIDENTS BILLS PREVIOUSLY HEARD ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAY 07 SUNDAY 1:45 PM HB 224 STATE PLUMBING CODE ---------------------------------------- 1995-05-06 Senate Journal Page 1555 RESOURCES BUTROVICH ROOM 205 MAY 07 SUNDAY 1:30 PM SJR 29 REINDEER INDUSTRY ACT OF 1937 SB 176 EXEMPT NAT.GAS FACILITY FROM BOND & PLANS ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAY 07 SUNDAY 1:00 PM -- RESCHEDULED FROM 05/06/95 -- HB 17 OFFICERS OF UTILITY COOPERATIVES HB 116 EXEMPT ASMI FROM PROCUREMENT CODE HB 130 REGULATION ADOPTION PROCEDURES & REVIEW HB 140 SMALL FISH PROCESSOR SURETY BONDS SB 158 PHARMACISTS AND PHARMACIES PROFESSIONAL SERVICES CONTRACT: SARA E. GAY, JAMES E. EASON HB 44 GAMING PROCEEDS/DEFINE CHARITABLE ORG'NS HB 78 PUBLIC ASSIST. DEMO PROJECT & DECREASE HB 217 EMPLOYMENT RIGHTS OF TEACHERS HB 219 PAROLE OF TERMINALLY ILL PRISONERS HB 220 ALASKA TOURISM MARKETING COUNCIL <PENDING REFERRAL> HB 233 EXTENSION OF MISC BOARDS & COMMISSIONS <PENDING REFERRAL> HB 234 ADMINISTRATIVE ADJUDICATIONS HB 274 TUBERCULOSIS CONTROL <PENDING REFERRAL> HB 315 FINANCING TECHNOLOGICAL PROJECTS HJR 24 WASTE IN PACIFIC AND BERING SEA FISHERY HJR 38 MAGNUSON FISHERY CONSERVATION & MGMT ACT SB 71 DEEP FREEZE CLASSIC HB 107 RESTRICTED LIMITED ENTRY PERMITS HB 32 PFD ADMINISTRATIVE PROCEEDINGS ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAY 09 TUESDAY 3:30 PM -- AGENDA TO BE ANNOUNCED -- MAY 11 THURSDAY 3:30 PM -- AGENDA TO BE ANNOUNCED -- 1995-05-06 Senate Journal Page 1556 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 07 SUNDAY 3:00 PM TORTS, UAA, NATURAL RESOURCES, CORRECTIONS