Legislature(1995 - 1996)
1996-02-15 Senate Journal
Full Journal pdf1996-02-15 Senate Journal Page 2441 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Thursday Thirty-ninth Day Pursuant to adjournment the Senate was called to order by President Pearce at 10:16 a.m. The roll showed eleven members present. Senators Lincoln, Sharp, Taylor were excused from a call of the Senate. Senators Donley, Ellis, Frank, Hoffman, Kelly, Rieger were absent. The prayer was offered by the Chaplain, Pastor David Horn of the Faith Lutheran Church. Senator Zharoff moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O Almighty God, Creator of all things, the earth is Yours and everything in it. We are but Your stewards. As we exercise dominion over the earth, keep us, in Your mercy, from playing the tyrant. Keep Your people from the notion that there is no authority greater than our whim and that we are free to do with ourselves as we see fit. Strengthen those who suffer. Turn our eyes toward our maker. Restore to us all a strong will to live. Keep us from using Your gifts in nature as though we were the only recipients, for You open Your hand and satisfy the desire of every living thing. Move us to rule as You do, with consideration for all Creation. Spare Your people from a love of money. Give to these men and women and those who advise them 2441 1996-02-15 Senate Journal Page 2442 great wisdom and courage, so that our children may be left with an example of prudence and compassion that can be eagerly followed. And in Your mercy, grant safety and peace to these Your servants. In the Name of Your Son. Amen. Senator Green led the Senate in the pledge of allegiance. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the thirty-eighth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE HJR 38 Message of February 14, was read, stating the House concurred in the Senate amendment to CS FOR HOUSE JOINT RESOLUTION NO. 38(FSH), thus passing: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 38(RLS) am S Relating to reauthorization of the Magnuson Fishery Conservation and Management Act. HB 224 Message of February 14 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 224(STA), thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 224(L&C) An Act relating to the state plumbing code. Message of February 14 was read, stating the House passed and transmitted for consideration: 1996-02-15 Senate Journal Page 2443 FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 24 CS FOR HOUSE CONCURRENT RESOLUTION NO. 24(L&C) BY THE HOUSE LABOR AND COMMERCE COMMITTEE, Relating to student loan default rates at vocational education schools. was read the first time and referred to the Health, Education and Social Services Committee. FIRST READING AND REFERENCE OF HOUSE BILLS HB 25 CS FOR HOUSE BILL NO. 25(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act revising Rule 16, Alaska Rules of Criminal Procedure, relating to discovery and inspection in criminal proceedings; and providing for an effective date. was read the first time and referred to the Judiciary and Finance Committees. The presence of Senator Rieger was noted. HB 333 HOUSE BILL NO. 333 BY REPRESENTATIVE PARNELL, entitled: An Act relating to licensure requirements for employees of the office of public advocacy and the Public Defender Agency. was read the first time and referred to the Judiciary Committee. HB 419 CS FOR HOUSE BILL NO. 419(STA) BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: 1996-02-15 Senate Journal Page 2444 HB 419 An Act relating to the disposal of property, including firearms and ammunition. was read the first time and referred to the State Affairs and Finance Committees. The presence of Senator Donley was noted. STANDING COMMITTEE REPORTS SB 159 The Health, Education and Social Services Committee considered SENATE BILL NO. 159 An Act relating to advance directives for mental health treatment and recommended it be replaced with CS FOR SENATE BILL NO. 159(HES) Signing no recommendation: Senator Green, Chair. Signing do pass: Senators Miller, Leman, Ellis, Salo. Zero fiscal note for the Committee Substitute published today from Department of Health and Social Services. The bill was referred to the Judiciary Committee. SB 250 The Finance Committee considered SENATE BILL NO. 250 An Act relating to the University of Alaska and to assets of the University of Alaska; authorizing the University of Alaska to select additional state public domain land, designating that land as `university trust land,' and describing the principles applicable to the land's management; and defining the net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation and recommended it be replaced with CS FOR SENATE BILL NO. 250(FIN) Signing do pass: Senator Frank, Cochair, Senator Rieger. Signing no recommendation: Senator Halford, Cochair, Senators Phillips, Zharoff. Signing no recommendation, don't pass until University complies with statutory collective bargaining standards: Senator Donley. 1996-02-15 Senate Journal Page 2445 SB 250 Fiscal notes for the Committee Substitute published today from Department of Natural Resources, University of Alaska, Department of Revenue, Department of Fish and Game. The bill was referred to the Rules Committee. CONSIDERATION OF THE CALENDAR CITATIONS Honoring - Unalakleet Wolfpack Boys Basketball Team Senator(s) Adams, Hoffman, Duncan, Pearce, Lincoln, Zharoff, Leman, Rieger, Taylor, Kelly Honoring - Nancy M. Mendenhall Representative(s) Foster Senator(s) Adams, Hoffman, Duncan, Pearce, Donley, Lincoln, Zharoff, Leman, Taylor, Halford, Kelly In Memoriam - Roy Aceveda, Sr. Senator(s) Zharoff, Duncan, Hoffman, Pearce, Donley, Lincoln, Leman, Taylor, Kelly Representative(s) Mackie In Memoriam - Freda Jimmie Representative(s) Ivan Senator(s) Hoffman, Duncan, Pearce, Donley, Lincoln, Zharoff, Leman, Taylor, Kelly In Memoriam - Gustoff Sagoonick Representative(s) Foster Senator(s) Adams, Hoffman, Duncan, Pearce, Donley, Lincoln, Zharoff, Leman, Rieger, Taylor, Kelly In Memoriam - Robert E. Hebron Representative(s) B. Davis Senator(s) Hoffman, Pearce, Donley, Lincoln, Leman, Ellis, Taylor, Duncan, Kelly 1996-02-15 Senate Journal Page 2446 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. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 10:22 a.m. AFTER RECESS JOINT SESSION IN THE HOUSE Speaker Phillips called the House to order and in accordance with Uniform Rule 51 turned the gavel over to President Pearce at 10:36 a.m. The purpose of the Joint Session was to hear an address by the Honorable Ted Stevens, United States Senator. Senator Halford moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. Without objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. Without objection, it was so ordered. President Pearce appointed Representative Toohey and Senator Rieger to escort United States Senator Ted Stevens to the Joint Session. The Senate Sergeant at Arms, Will Arthur, announced Senator Stevens' entrance to the House Chamber. The Honorable Ted Stevens was escorted to the rostrum and introduced by President Pearce. United States Senator Ted Stevens delivered his address. This address appears in House and Senate Joint Journal Supplement No. 18. 1996-02-15 Senate Journal Page 2447 Following his address, there was a question and answer period. United States Senator Ted Stevens received a standing ovation and was escorted from the chamber by Senator Rieger and Representative Toohey. Senator Halford moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Pearce adjourned the Joint Session at 11:27 p.m. AFTER RECESS IN THE SENATE The Senate reconvened at 11:29 a.m. The presence of Senators Ellis, Frank, Hoffman, Kelly was noted. UNFINISHED BUSINESS SB 159 Senator Ellis moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 159 An Act relating to advance directives for mental health treatment. Without objection, it was so ordered. SB 178 The reconsideration on SENATE BILL NO. 178(title am) An Act increasing the number of eligible employees that constitute an employer group for purposes of providing small employer health insurance; amending the definition of `small employer'; and requiring an annual report from the Small Employer Health Reinsurance Association until 1999 was not taken up this legislative day and the bill was referred to the Secretary for engrossment. ANNOUNCEMENTS Announcements are at the end of the journal. 1996-02-15 Senate Journal Page 2448 ENGROSSMENT SB 178 SENATE BILL NO. 178(title am) An Act increasing the number of eligible employees that constitute an employer group for purposes of providing small employer health insurance; amending the definition of `small employer'; and requiring an annual report from the Small Employer Health Reinsurance Association until 1999 was engrossed, signed by the President and Secretary and transmitted to the House for consideration. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 19, 1996. Without objection, the Senate adjourned at 11:32 a.m. Nancy Quinto Secretary of the Senate February 1996 1996-02-15 Senate Journal Page 2449 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. + indicates teleconference STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 FEB 16 FRIDAY 1:30 PM NO MEETING SCHEDULED FEB 19 MONDAY 1:30 PM <BELOW BILL PREVIOUSLY HEARD> + SB 206WELFARE REFORM BILLS PREVIOUSLY HEARD FEB 21 WEDNESDAY 1:30 PM <BILLS BELOW HAVE BEEN PREVIOUSLY HEARD> + SB 20ALASKA MUNICIPAL BASIC SERVICES PROGRAM + SB 207REVENUE BONDS: WATER & WASTE PROJECTS + SB 229STATE TRAINING & EMPLOYMENT PROGRAM BILLS PREVIOUSLY HEARD FEB 23 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 FEB 15 THURSDAY 9:00 AM SB 232PFD NOTICES AND ELIGIBILITY + SB 250UNIV. OF ALASKA: LAND GRANT & ASSETS BILLS PREVIOUSLY HEARD OR SCHEDULED 1996-02-15 Senate Journal Page 2450 FINANCE CONTINUED FEB 20 TUESDAY 9:00 AM HB 127120-DAY JAIL: ASSAULT ON OFFICERS SB 175NO FRILLS PRISON ACT BILLS PREVIOUSLY HEARD FEB 21 WEDNESDAY 9:00 AM SB 157SMALL LOANS & RETAIL INSTALLMENT SALES SB 168FINANCIAL INSTITUTIONS SB 239TELEPHONE SOLICITATIONS/ADS/DIRECTORIES BILLS PREVIOUSLY HEARD FEB 22 THURSDAY 9:00 AM SJR 31VOTER APPROVAL:AK STATEHOOD ACT AMENDMENT HB 42ABSENTEE VOTING & USE OF FAX SB 134ATWOOD CHAIR OF JOURNALISM AT U OF AA BILLS PREVIOUSLY HEARD ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 16 FRIDAY 9:00 AM NO MEETING SCHEDULED FEB 19 MONDAY 9:00 AM NO MEETING SCHEDULED FEB 21 WEDNESDAY 9:00 AM CONFIRMATION HEARING OF GOVERNOR'S APPOINTMENT: STATE BOARD OF EDUCATION, SUSAN STITHAM <JT MEETING WITH (H) HES ON ABOVE ISSUE> + SB 156MANDATORY MEDIATION:CHILD CUSTODY ISSUES SB 185IMMUNIZATION RECORD UPON CHILD'S DEATH BILLS PREVIOUSLY HEARD FEB 23 FRIDAY 9:00 AM HB 104DISCLOSURE OF JUVENILE RECORDS BILLS PREVIOUSLY HEARD ---------------------------------------- JUDICIARY BELTZ ROOM 211 FEB 19 MONDAY 1:30 PM HB 158CIVIL LIABILITY 1996-02-15 Senate Journal Page 2451 JUDICIARY CONTINUED FEB 21 WEDNESDAY 1:00 PM -LOCATION CHANGE TO SENATE FINANCE RM 532- + JOINT WITH (H) JUDICIARY - VENETIE CASE FEB 23 FRIDAY 4:00 PM -- NOTE LOCATION CHANGE TO ANCHORAGE LIO -- + SB 177CONCEALED HANDGUN PERMIT AMENDMENTS <PENDING REFERRAL> + SB 194GANG RELATED CRIMES ---------------------------------------- LABOR & COMMERCE BELTZ ROOM 211 FEB 15 THURSDAY 1:30 PM -NOTE LOCATION CHANGE TO BELTZ RM 211- + SB 193MANDATORY INSURANCE FOR COSTS OF BIRTH + SB 197PROHIBIT INCREASE IN INS FOR DOM VIOLENCE + SB 254MEDICAL MALPRACTICE: PANEL & DEFINITIONS BILLS PREVIOUSLY HEARD FEB 20 TUESDAY 1:30 PM SB 43ARCHITECTS, ENGINEERS, LAND SURVEYORS SB 119MANDATORY MEDIATION/DESIGN PROF LAWSUITS SB 202ARCHITECTS/ENGINEERS/LAND SURVEYORS BILLS PREVIOUSLY HEARD FEB 22 THURSDAY 1:30 PM SB 261UNEMPLOYMENT COMPENSATION SB 276CALCULATION OF UNEMPLOYMT INS BENEFITS BILLS PREVIOUSLY HEARD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 FEB 16 FRIDAY 10:00 AM MEETING POSTPONED + CONFIRMATION HEARING: BOARD OF FISH APPOINTEES 1996-02-15 Senate Journal Page 2452 RESOURCES CONTINUED FEB 16 FRIDAY 3:30 PM -MEETING CANCELLED, WILL BE RESCHEDULED- -- LOCATION CHANGE TO ANCHORAGE LIO -- -- 716 WEST FOURTH AVENUE + CONFIRMATION HEARING: J. DAVID NORTON, P.E. - ANCHORAGE ALASKA OIL AND GAS CONSERVATION COMMISSION FEB 19 MONDAY 3:30 PM + SB 257TAKING FISH OR GAME FOR PUBLIC SAFETY + SB 278CREDITS AGAINST FEES AT ST HISTORICAL PKS BILLS PREVIOUSLY HEARD FEB 21 WEDNESDAY 3:30 PM + SB 180VALUE-ADDED TIMBER SALES; MARKETING + SB 198HOMER AIRPORT CRITICAL HAB. AREA BILLS PREVIOUSLY HEARD FEB 23 FRIDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP RM 203 FEB 19 MONDAY 0:00 AM UPON ADJOURNMENT SB 162AGRICULTURAL LAND SB 250UNIV. OF ALASKA: LAND GRANT & ASSETS HB 38SENTENCING;3RD SERIOUS FELONY OFFENDER ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 FEB 15 THURSDAY 3:30 PM NO MEETING SCHEDULED FEB 20 TUESDAY 3:30 PM NO MEETING SCHEDULED 1996-02-15 Senate Journal Page 2453 STATE AFFAIRS CONTINUED FEB 22 THURSDAY 3:30 PM HB 58CHICKALOON FLATS CRITICAL HABITAT AREA HB 90CONVENING LEGISLATURE AFTER GOV ELECTION SB 266CREAMER'S FIELD GOOSE CLASSIC SCR 22UNIFORM RULES/HOURS OF DAILY SESSION SJR 24CHANGE TIMING OF VETO OVERRIDE BILLS PREVIOUSLY HEARD ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 FEB 15 THURSDAY 1:30 PM ********CANCELLED******** SB 196NAMING FERRY VESSEL KONIAG HB 57LICENSING REQUIREMENTS FOR DRIVERS FEB 20 TUESDAY 1:30 PM OVERVIEW OF THE THREE YEAR STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) COMMISSIONER JOSEPH L. PERKINS DEPT. OF TRANSPORTATION & PUBLIC FACILITIES FEB 22 THURSDAY 1:30 PM SB 196NAMING FERRY VESSEL KONIAG HB 57LICENSING REQUIREMENTS FOR DRIVERS FINANCE SUBCOMMITTEES ADMINISTRATION BELTZ ROOM 211 FEB 21 WEDNESDAY 3:30 PM OVERVIEW OF FOLLOWING: OFFICE OF PUBLIC ADVOCACY PUBLIC DEFENDER ALASKA OFFICES COMMISSION ---------------------------------------- COMMERCE & ECONOMIC DEVELOPMENT FAHRENKAMP RM 203 FEB 23 FRIDAY 1:30 PM TRADE & DEVELOPMENT AK SEAFOOD MARKETING INSTITUTE + AK SCIENCE & TECH. FOUNDATION + AK AEROSPACE DEVELOPMENT ---------------------------------------- 1996-02-15 Senate Journal Page 2454 FINANCE SUBCOMMITTEES CONTINUED COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 FEB 15 THURSDAY 8:00 AM JT WITH (H) FINANCE SUBCOMMITTEE DEPT. OF COMMUNITY & REGIONAL AFFAIRS FEB 20 TUESDAY 8:00 AM JT WITH (H) FINANCE SUBCOMMITTEE DEPT. OF COMMUNITY & REGIONAL AFFAIRS FEB 22 THURSDAY 8:00 AM JT WITH (H) FINANCE SUBCOMMITTEE DEPT. OF COMMUNITY & REGIONAL AFFAIRS ---------------------------------------- CORRECTIONS SENATE FINANCE 532 FEB 19 MONDAY 1:30 PM BRU'S: ADMINISTRATION AND SUPPORT STATEWIDE OPERATIONS PART 1: - INMATE HEALTH CARE - INMATE PROGRAMS - CORRECTIONAL INDUSTRIES ADMINISTRATION - CORRECTIONAL INDUSTRIES PRODUCT COSTS FEB 26 MONDAY 1:30 PM BRU'S: STATEWIDE OPERATIONS PART 2: - CORRECTIONAL CENTERS ...OUT-OF-STATE CONTRACTUAL ...ANVIL MOUNTAIN CORRECTIONAL CENTER ...COMBINED HILAND MT. CORRECTIONAL CENTER ...COOK INLET CORRECTIONAL CENTER ...FAIRBANKS CORRECTIONAL CENTER ...KETCHIKAN CORRECTIONAL CENTER ...LEMON CREEK CORRECTIONAL CENTER ---------------------------------------- 1996-02-15 Senate Journal Page 2455 FINANCE SUBCOMMITTEES CONTINUED EDUCATION SENATE FINANCE 532 FEB 15 THURSDAY 2:00 PM BUDGET COMPONENTS OF K-12 SUPPORT - SCHOOL FOUNDATION FUNDING PROGRAM - BASIC NEEDS ANALYSIS - STATE FOUNDATION AID ANALYSIS FEB 20 TUESDAY 2:00 PM FOUNDATION FORMULA (CONTINUED) - TABLE OF INSTRUCTIONAL UNITS ...VOCATIONAL EDUCATION ...SPECIAL EDUCATION ...BILINGUAL EDUCATION DISPARITY TEST SUPPLEMENTAL EQUALIZATION FEB 22 THURSDAY 2:00 PM BUDGET COMPONENTS OF: K-12 SUPPORT (CONTINUED) - DISTRICT SUPPORT - CIGARETTE TAX - HANDICAP SCHOOLS - PUPIL TRANSPORTATION - CHILD NUTRITION - COMMUNITY SCHOOLS FEB 29 THURSDAY 2:00 PM BRU'S: - TEACHING & LEARNING SUPPORT - EXECUTIVE ADMINISTRATION - SCHOOL FINANCE ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 532 FEB 15 THURSDAY 8:00 AM -- TIME CHANGE TO 8:00 A.M. -- ADMINISTRATION BRU FEB 23 FRIDAY 9:00 AM AIR AND WATER CLEAR AIR FUND 1996-02-15 Senate Journal Page 2456 FINANCE SUBCOMMITTEES CONTINUED NATURAL RESOURCES SENATE FINANCE 532 FEB 20 TUESDAY 3:30 PM AGRICULTURAL DEVELOPMENT PARKS MANAGEMENT STATE HISTORIC PRESERVATION FEB 27 TUESDAY 3:30 PM LAND DEVELOPMENT MENTAL HEALTH LANDS ADMINISTRATION FOREST MANAGEMENT AND DEVELOPMENT FIRE SUPPRESSION ---------------------------------------- REVENUE BELTZ RM 211 FEB 26 MONDAY 3:30 PM PERMANENT FUND DIVIDEND DIVISION COMMISSIONER'S OFFICE/ADMIN. SERV. DIV. TREASURY DIVISION/AK STATE ..PENSION INVESTMENT BOARD FEB 28 WEDNESDAY 3:30 PM CHILD SUPPORT ENFORCEMENT DIVISION + ALCOHOLIC BEVERAGE CONTROL BOARD MAR 06 WEDNESDAY 3:30 PM OIL & GAS AUDIT DIVISION INCOME AND EXCISE AUDIT DIVISION CHARITABLE GAMING DIVISION JOINT COMMITTEES CONFERENCE COMMITTEE ON SB 123 SPEAKER'S CHAMBER FEB 19 MONDAY 3:00 PM SB 123POSTSECONDARY EDUCATION PROGRAMS ---------------------------------------- 1996-02-15 Senate Journal Page 2457 SELECT COMMITTEE ON LEGISLATIVE ETHICS BELTZ ROOM 211 FEB 20 TUESDAY 12:30 PM + 1. ADVISORY OPINION 96-04: MAY LEGISLATIVE EMPLOYEES ENGAGE IN FUNDRAISING ACTIVITIES FOR THE EXPENSES OF HOSTING A MEETING OF THE EXECUTIVE COMMITTEE OF THE NATIONAL CONFERENCE OF STATE LEGISLATURES? 2. ADVISORY OPINION 96-03: MAY A LEGISLATIVE EMPLOYEE ACCEPT A DISCOUNT FROM A LOCAL BUSINESS? OTHER MEETINGS CHILDREN'S CAUCUS BUTROVICH ROOM 205 FEB 20 TUESDAY 12:00 PM PRESENTATION: LEGISLATIVE PRIORITIES OF KIDPAC BY LEAH BURTON ---------------------------------------- JOINT SESSION HOUSE CHAMBER FEB 15 THURSDAY 10:30 AM ADDRESS BY U.S. SENATOR TED STEVENS FEB 21 WEDNESDAY 11:00 AM STATE OF THE JUDICIARY BY SUPREME COURT CHIEF JUSTICE ALLEN COMPTON ---------------------------------------- MAJORITY CAUCUS SPEAKER'S CHAMBER FEB 15 THURSDAY 11:40 AM JOINT MAJORITY CAUCUS ---------------------------------------- JT TASK FORCE ON INTERNATIONAL TRADE HOUSE FINANCE 519 FEB 21 WEDNESDAY 4:00 PM DISCUSSION OF INTERNATIONAL TRADE RECOMMENDATIONS TO BE MADE BY TASK FORCE