Legislature(1995 - 1996)
1996-04-30 Senate Journal
Full Journal pdf1996-04-30 Senate Journal Page 3715 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Tuesday One Hundred Fourteenth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:57 p.m. The roll showed eleven members present. Senators Adams, Duncan, Ellis, Green, Hoffman, Lincoln, Salo, Taylor, Torgerson were absent. MESSAGES FROM THE GOVERNOR HB 226 Message of April 29 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 226(JUD) An Act permitting the provision of different retirement and health benefits to certain employees by differentiating between benefits provided to employees with spouses or children and to other employees. Chapter 16, SLA 1996 Effective Date: 7/28/96 MESSAGES FROM THE HOUSE SB 6 Message dated April 29 was read, stating the House has failed to adopt the report of the Free Conference Committee considering HOUSE CS FOR SENATE BILL NO. 6(CRA) and SENATE BILL NO. 6 am, thus failing to adopt: 3715 1996-04-30 Senate Journal Page 3716 SB 6 FREE CONFERENCE CS FOR SENATE BILL NO. 6 An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses. HB 387 Message of April 29 was read, stating the House concurred in the Senate amendment to CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 387(JUD) am, thus adopting: SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 387(JUD) An Act rearranging existing provisions of AS 47.10 into chapters separately addressing the topics of children in need of aid, delinquent minors, and the institutions, facilities, and management, administration, and oversight of programs relating to minors, and conforming references and making other conforming changes due to that rearrangement; amending the manner of determining support obligations for children in need of aid and delinquent minors; amending the purpose of delinquency provisions; amending hearing procedures used in delinquency proceedings; amending provisions relating to enforcement of a restitution order entered against a minor; setting out the considerations to be given by a court in making its dispositional orders for minors adjudicated delinquent; authorizing municipalities to establish curfews for minors by ordinance; relating to enforcement of truancy under the compulsory school attendance law; and amending Rule 23(d), Alaska Delinquency Rules. HB 388 Message of April 29 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 388(RES) am, thus adopting: 1996-04-30 Senate Journal Page 3717 HB 388 SENATE CS FOR CS FOR HOUSE BILL NO. 388(RES) An Act revising laws relating to oil and gas leasing as related to land previously the subject of a written best interest finding; amending provisions setting out exceptions to sales, leases, or other disposals for which a revised written best interest finding is not required; encouraging annual offer of land for oil and gas leases if the land was the subject of a best interest finding; and modifying the statement of purpose in the Alaska Land Act as it applies to oil and gas leasing to provide for annual lease sales. HB 466 Message of April 29 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 466(FIN) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 466(FIN) An Act establishing the Adak Reuse Authority. SCR 24 Message of April 29 was read, stating the House passed and returned: CS FOR SENATE CONCURRENT RESOLUTION NO. 24(RES) Relating to a division of game in the Alaska Department of Fish and Game and to management of game. The resolution was referred to the Secretary for enrollment. SB 42 Message of April 29 was read, stating the House passed and returned: 1996-04-30 Senate Journal Page 3718 SB 42 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 42 am An Act allowing a person to hold more than one entry permit for certain fisheries and amending the definition of `unit of gear' for purposes of the commercial fisheries limited entry program; and providing for an effective date. The bill was referred to the Secretary for enrollment. SB 168 Message of April 29 was read, stating the House passed and returned: SENATE BILL NO. 168 An Act relating to financial institutions. The bill was referred to the Secretary for enrollment. Message of April 29 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 66 HOUSE JOINT RESOLUTION NO. 66 am BY THE HOUSE RULES COMMITTEE, Relating to opposing the American Heritage Areas Program. was read the first time and referred to the Resources Committee. 1996-04-30 Senate Journal Page 3719 STANDING COMMITTEE REPORTS SB 136 The Finance Committee considered CS FOR SENATE BILL NO. 136(FIN) An Act making and amending appropriations; and providing for an effective date and recommended it be replaced with 2d CS FOR SENATE BILL NO. 136(FIN) (forthcoming) Signing do pass: Senators Frank, Halford, Cochairs, Senator Rieger. Signing no recommendation: Senators Phillips, Donley, Zharoff, Sharp. The bill was referred to the Rules Committee. SB 215 The Finance Committee considered SENATE BILL NO. 215 An Act streamlining the functions of state government, including authorizing the commissioner of fish and game to award grants for certain resource activities; allowing agents selling fish and game licenses and tags to retain certain compensation; authorizing the Department of Health and Social Services to award grants for certain services for developmentally delayed or disabled children; relating to rabies control and administration of flour and bread standards by the Department of Environmental Conservation; repealing the Athletic Commission, the regulation of boxing and wrestling, the certification of professional geologists, and the Water Resources Board; repealing certain filing statements and bonds for enforcement and collection of certain taxes; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 215(FIN) (forthcoming) Signing do pass: Senator Frank, Cochair, Senator Sharp. Signing no recommendation: Senator Halford Cochair, Senators Phillips, Donley. Signing amend: Senator Rieger. Signing do not pass, Titanic: Senator Zharoff. Fiscal note information forthcoming. The bill was referred to the Rules Committee. 1996-04-30 Senate Journal Page 3720 SB 265 The Finance Committee considered SENATE BILL NO. 265 An Act relating to receipts of commercial fisheries test fishing operations; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 265(FIN) (forthcoming) Signing do pass: Senators Frank, Halford, Cochairs, Senator Zharoff. Signing no recommendation: Senators Rieger, Phillips, Donley, Sharp. Fiscal note information forthcoming. The bill was referred to the Rules Committee. SB 273 The Labor and Commerce Committee considered SENATE BILL NO. 273 An Act relating to Native handicrafts and other articles made in the state and recommended it be replaced with CS FOR SENATE BILL NO. 273(L&C) Signing do pass: Senator Kelly, Chair, Senator Salo. Signing no recommendation: Senator Torgerson. Previous fiscal note and zero fiscal notes apply to the committee substitute. The bill was referred to the Finance Committee. HB 191 The Resources Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 191(FIN) An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 191(RES) 1996-04-30 Senate Journal Page 3721 HB 191 Signing do pass: Senator Leman, Chair, Senators Frank, Taylor. Signing no recommendation: Senators Halford, Pearce. Fiscal note information forthcoming. The bill was referred to the Finance Committee. HB 341 The Finance Committee considered CS FOR HOUSE BILL NO. 341(FIN) An Act relating to administrative adjudication and judicial appeals and to the informal resolution of certain factual disputes between taxpayers and the Department of Revenue; establishing the office of tax appeals as a quasi-judicial agency in the Department of Administration; revising the procedures for hearing certain tax appeals, including appeals regarding seafood marketing assessments; relating to consideration and determination by the superior court of disputes involving certain taxes and penalties due, and amending provisions relating to the assessment, levy, and collection of taxes and penalties by the state and to the tax liability of taxpayers; providing for the release of agency records relating to formal administrative tax appeals; relating to litigation disclosure of public records; clarifying administrative subpoena power in certain tax matters; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 341(FIN) Signing do pass: Senators Frank, Halford, Cochairs, Senators Rieger, Sharp. Signing no recommendation: Senators Phillips, Zharoff. Fiscal notes for the Senate Committee Substitute published today from Department of Revenue (2), Alaska Court System. Previous indeterminate fiscal note applies to the Senate Committee Substitute. The bill was referred to the Rules Committee. 1996-04-30 Senate Journal Page 3722 HB 434 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 434(L&C) An Act relating to unclaimed property; and providing for an effective date. Signing do pass: Senator Kelly, Chair, Senators Torgerson, Salo. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 59 The Rules Committee considered CS FOR HOUSE BILL NO. 59(RES) An Act relating to raffles and auctions of certain permits to take big game; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Signing under other recommendations: Senator Salo. The bill is on today's calendar. HB 75 The Rules Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75(FIN) An Act relating to vehicle theft and the consequences of vehicle theft, including revocation of a driver's license, privilege to drive, or privilege to obtain a license; amending Rule 32.1, Alaska Rules of Criminal Procedure; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. The bill is on today's calendar. HB 352 The Rules Committee considered HOUSE BILL NO. 352 An Act giving notice of and approving a lease-purchase agreement with the City of Palmer for a fire management facility at the Palmer Airport. Signing to calendar: Senator Miller, Chair, Senators Pearce, Salo. The bill is on today's calendar. 1996-04-30 Senate Journal Page 3723 HB 370 The Rules Committee considered CS FOR HOUSE BILL NO. 370(JUD) An Act relating to the provision of legal services at public expense. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. The bill is on today's calendar. HB 480 The Rules Committee considered CS FOR HOUSE BILL NO. 480(HES) An Act relating to physician assistants. Signing to calendar: Senator Miller, Chair, Senators Sharp, Salo. The bill is on today's calendar. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 32 SENATE CONCURRENT RESOLUTION NO. 32 BY THE SENATE RULES COMMITTEE, Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 109, relating to telephone solicitations, advertisements, and directory listings. was read the first time and referred to the Rules Committee. CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 59 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 59(RES) An Act relating to raffles and auctions of certain permits to take big game; and providing for an effective date be held to the May 1 calendar. Without objection, it was so ordered. 1996-04-30 Senate Journal Page 3724 HB 75 Senator Halford moved and asked unanimous consent that CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75(FIN) An Act relating to vehicle theft and the consequences of vehicle theft, including revocation of a driver's license, privilege to drive, or privilege to obtain a license; amending Rule 32.1, Alaska Rules of Criminal Procedure; and providing for an effective date be held to the May 1 calendar. Without objection, it was so ordered. HB 352 Senator Halford moved and asked unanimous consent that HOUSE BILL NO. 352 An Act giving notice of and approving a lease- purchase agreement with the City of Palmer for a fire management facility at the Palmer Airport be held to the May 1 calendar. Without objection, it was so ordered. HB 370 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 370(JUD) An Act relating to the provision of legal services at public expense be held to the May 1 calendar. Without objection, it was so ordered. HB 480 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 480(HES) An Act relating to physician assistants be held to the May 1 calendar. Without objection, it was so ordered. SENATE RESOLUTIONS IN SECOND READING SCR 21 Senator Halford moved and asked unanimous consent that SENATE CONCURRENT RESOLUTION NO. 21 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 292, 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, be held to the May 1 calendar. Without objection, it was so ordered. 1996-04-30 Senate Journal Page 3725 HOUSE BILLS IN SECOND READING HB 292 Senator Halford moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 292(RLS) An Act relating to false statements and omissions in regard to application for fish and game licenses, tags, and permits and to nonresident hunters be held to the May 1 calendar. Without objection, it was so ordered. SENATE BILLS IN THIRD READING SB 64 Senator Halford moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 64(FIN) am An Act relating to the sale of the Alaska Railroad; and providing for an effective date be held to the May 1 calendar. Without objection, it was so ordered. THIRD READING OF HOUSE BILLS HB 104 Senator Halford moved and asked unanimous consent that SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104(FIN) An Act relating to disclosures of information about certain minors be held to the May 1 calendar. Without objection, it was so ordered. HB 158 Senator Halford moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS) An Act relating to civil actions; amending Rules 13(e), 68, 79(b), 82(b), and 95, Alaska Rules of Civil Procedure be held to the May 1 calendar. Without objection, it was so ordered. HB 272 Senator Halford moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 272(FIN) An Act relating to municipal taxation of motor vehicles; and providing for an effective date be held to the May 1 calendar. Without objection, it was so ordered. 1996-04-30 Senate Journal Page 3726 HB 393 Senator Halford moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 393(HES) An Act relating to managed care for recipients of medical assistance; and providing for an effective date be held to the May 1 calendar. Without objection, it was so ordered. HB 497 Senator Halford moved and asked unanimous consent that HOUSE BILL NO. 497 An Act relating to chiropractic peer review; and providing for an effective date be held to the May 1 calendar. Without objection, it was so ordered. ANNOUNCEMENTS Announcements are at the end of the journal. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 1:00 p.m., May 1, 1996. Without objection, the Senate adjourned at 12:14 a.m. Nancy Quinto Secretary of the Senate 1996-04-30 Senate Journal Page 3727 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 FINANCE SENATE FINANCE 532 APR 30 TUESDAY 8:30 AM SB 136APPROP: FY 96 CAPITAL PROJECTS BUDGET SB 215OMNIBUS STATE AGENCY OPERATIONS & PROGRAM SB 216OMNIBUS STATE FEES & COST ASSESSMENTS SB 191ELECTION CAMPAIGN FINANCE REFORM HB 109PHONE DIRECTORY LISTING/SOLICITATIONS/ADS SB 285DISCRETE SALMON STOCK MANAGMNT & ASSESSMT HB 211VOTER REGISTRATION & ELECTIONS HB 314VIOLATING DOMESTIC VIOLENCE ORDERS HB 57LICENSING REQUIREMENTS FOR DRIVERS HB 110CONFIDENTIALITY OF MOTOR VEHICLE RECORDS HB 405BD OF OPTOMETRISTS; OPTICIANS HB 436MOBILE HOME DEALERS & TITLES BILLS PREVIOUSLY HEARD OR SCHEDULED 1996-04-30 Senate Journal Page 3728 FINANCE CONTINUED MAY 01 WEDNESDAY 9:30 AM SB 216OMNIBUS STATE FEES & COST ASSESSMENTS SB 191ELECTION CAMPAIGN FINANCE REFORM SB 210INCREASE TOBACCO TAXES HB 109PHONE DIRECTORY LISTING/SOLICITATIONS/ADS HB 436MOBILE HOME DEALERS & TITLES SB 285DISCRETE SALMON STOCK MANAGMNT & ASSESSMT HB 211VOTER REGISTRATION & ELECTIONS HB 314VIOLATING DOMESTIC VIOLENCE ORDERS HB 57LICENSING REQUIREMENTS FOR DRIVERS HB 110CONFIDENTIALITY OF MOTOR VEHICLE RECORDS HB 405BD OF OPTOMETRISTS; OPTICIANS HB 4PERMANENT FUND DIVIDEND ELIGIBILITY BILLS PREVIOUSLY HEARD OR SCHEDULED MAY 02 THURSDAY 9:00 AM BILLS PREVIOUSLY HEARD OR SCHEDULED MAY 03 FRIDAY 9:00 AM BILLS PREVIOUSLY HEARD OR SCHEDULED MAY 06 MONDAY 9:00 AM BILLS PREVIOUSLY HEARD OR SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAY 01 WEDNESDAY 9:00 AM + CONFIRMATION HEARING OF GOV.'S APPOINTMENTS: U OF A BOARD OF REGENTS - JOE L. HAYES, JR. HB 529APPROVE CENTRALIZED PUBLIC HEALTH LAB ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAY 01 WEDNESDAY 1:30 PM + HB 202JUVENILE DELINQUENCY PROCEEDINGS + HB 204DRINKING & DRIVING: MINORS & OTHERS BILLS PREVIOUSLY HEARD OR SCHEDULED MAY 03 FRIDAY 1:30 PM BILLS PREVIOUSLY HEARD OR SCHEDULED SB 306G.O. BONDS FOR CORRECTIONAL FACILITIES ---------------------------------------- 1996-04-30 Senate Journal Page 3729 LABOR & COMMERCE FAHRENKAMP RM 203 APR 30 TUESDAY 1:30 PM HB 434UNCLAIMED PROPERTY SB 273NATIVE HANDICRAFTS & INSTATE PRODUCTS BILLS PREVIOUSLY HEARD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAY 01 WEDNESDAY 3:30 PM + BILLS PREVIOUSLY HEARD MAY 03 FRIDAY 3:30 PM + BILLS PREVIOUSLY HEARD ---------------------------------------- RULES FAHRENKAMP RM 203 APR 30 TUESDAY 12:00 PM HB 295PROPERTY HELD BY LAW ENFORCEMENT AGENCIES HB 352APPROVE PALMER AIRPORT FIRE BLDG. HB 457UNLICENSED PRACTICE OF OCCUPATION HB 493INVOLUNTARY COMMITMENT:ALCOHOL/DRUG ABUSE HB 538HAIR CRAB VESSELS; LTD ENTRY FOR VESSELS SB 141LEGISLATIVE ETHICS MAY 01 WEDNESDAY 11:30 AM - MEETING RESCHEDULED FROM 4/30/96 - SB 136APPROP: FY 96 CAPITAL PROJECTS BUDGET SB 152GEOGRAPHIC PAY DIFFERENTIALS SB 191ELECTION CAMPAIGN FINANCE REFORM <PENDING REFERRAL> SB 215OMNIBUS STATE AGENCY OPERATIONS & PROGRAM SB 216OMNIBUS STATE FEES & COST ASSESSMENTS <PENDING REFERRAL> SB 265RECEIPTS OF TEST FISHING OPERATIONS HB 341TAX APPEALS/ASSESSMENT/LEVY/COLLECTION HB 434UNCLAIMED PROPERTY ---------------------------------------- 1996-04-30 Senate Journal Page 3730 STATE AFFAIRS BELTZ ROOM 211 MAY 01 WEDNESDAY 3:00 PM 3:00 P.M. OR TEN MINUTES AFTER ADJOURNMENT - RESCHEDULED FROM 4/30/96 - HJR 61ANCHORAGE VETERANS AFFAIRS OFFICE HCR 25381ST INTELL.SQUADRON DIVISION DAY + HB 198PFD ALLOWABLE ABSENCES HB 490FINANCIAL ASSISTANCE TO BIDCO BILLS PREVIOUSLY SCHEDULED, INCLUDING: HB 63DOG MUSHING VANITY PLATES + HB 249MCGRATH KUSKOKWIM RIVER ICE CLASSIC HB 359APPOINTMENT PROCESS FOR BDS & COMM'NS MAY 02 THURSDAY 3:30 PM BILLS PREVIOUSLY SCHEDULED ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAY 01 WEDNESDAY 3:00 PM -- TIME CHANGE TO CALL OF THE CHAIR -- - RESCHEDULED FROM 4/30/96 - SJR 42CONSTRUCTION OF ALASKA HIGHWAY BILLS PREVIOUSLY HEARD JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 412 SENATE FINANCE 532 MAY 01 WEDNESDAY 3:00 PM -- RESCHEDULED FROM 4/30/96 -- - JOINT WITH CONFERENCE COMMITTEE ON HB 413 - HB 412APPROPRIATIONS: OPERATING BUDGET EDUCATION PUBLIC SAFETY TRANSFERS TO CAPITAL TRANSPORTATION ---------------------------------------- 1996-04-30 Senate Journal Page 3731 JOINT COMMITTEES CONTINUED CONFERENCE COMMITTEE ON HB 413 SENATE FINANCE 532 MAY 01 WEDNESDAY 3:00 PM -- RESCHEDULED FROM 4/30/96 -- - JOINT WITH CONFERENCE COMMITTEE ON HB 412 - HB 413APPROPRIATIONS FOR MENTAL HEALTH EDUCATION PUBLIC SAFETY TRANSERS TO CAPITAL TRANSPORTATION ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH ROOM 205 MAY 01 WEDNESDAY 12:30 PM LEGISLATIVE COUNCIL ---------------------------------------- CONFERENCE COMMITTEE ON SCR 8 SENATE FINANCE 532 APR 30 TUESDAY 8:00 AM SCR 8APPROVING LEG. OPEN MEETINGS GUIDELINES MAY 01 WEDNESDAY 8:00 AM -- TIME CHANGE TO CALL OF THE CHAIR -- -- MOST PROBABLY ON 5/2/96 -- SCR 8APPROVING LEG. OPEN MEETINGS GUIDELINES MAY 02 THURSDAY 0:00 AM - WILL MEET UPON CALL OF THE CHAIR - - RESCHEDULED FROM 5/1/96 - SCR 8APPROVING LEG. OPEN MEETINGS GUIDELINES