Legislature(1993 - 1994)
1993-01-27 Senate Journal
Full Journal pdf1993-01-27 Senate Journal Page 0165 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Wednesday January 27, 1993 Seventeenth Day Pursuant to adjournment, the Senate was called to order by President Halford at 11:18 a.m. The roll showed nineteen members present. Senator Jacko was absent. The prayer was offered by the Chaplain, Jon Paden of the Church of Christ. Senator Donley led the Senate in the Pledge of Allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journals for the fifteenth and sixteenth legislative days, Senate Supplement No. 2 and House and Senate Joint Journal Supplement No. 4 be approved as certified by the Secretary. Without objection, it was so ordered. The Senate advanced to: ANNOUNCEMENTS Senator Duncan announced a minority caucus upon recess. Senator Taylor announced a majority caucus upon recess. 165 1993-01-27 Senate Journal Page 0166 RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 11:21 a.m. AFTER RECESS The Senate reconvened at 12:20 p.m. The Senate returned to: MESSAGES FROM THE GOVERNOR SR 1 Message of January 26 was read, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE RESOLUTION NO. 1 Establishing a Senate Special Committee on Oil and Gas. Senate Resolve No. 1 EO 81 Message of January 26 was read, stating the Governor was withdrawing from consideration Executive Order No. 81, relating to the Alaska Science and Technology Foundation (page 27). EXECUTIVE ORDER NO. 81 was returned to the Office of the Governor today. COMMUNICATIONS The following reports were received and are on file in the Office of the Secretary of the Senate: Oil and Hazardous Substance Release Response Fund Annual Report, FY 1992 from John A. Sandor, Commissioner, Department of Environmental Conservation in accordance with AS 46.08.060 Distributed to all Senators 1993-01-27 Senate Journal Page 0167 Alaska Commission on Postsecondary Education Report, December 1992 from Dr. Allen Barnes, Executive Director Nonpermanent and Emergency Employment Report, 1992 from R. H. King, Director, Division of Personnel/Office of Equal Employment Opportunity, Department of Administration in accordance with AS 39.25.195(h) Distributed to all Senators Supplement to Prior Year Loan and Program Booklets (reference material for legislators and legislative employees on certain state loans and programs that require reporting to the Select Committee on Legislative Ethics) from Randy S. Welker, Legislative Auditor in accordance with AS 24.60.050(c) STANDING COMMITTEE REPORTS SJR 6 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 6 Proposing amendments to the Constitution of the State of Alaska authorizing the use of the initiative to amend the Constitution of the State of Alaska by approval of two-thirds of the votes cast on the proposed amendment. Signing do pass: Senator Leman, Chair, Senators Taylor, Miller. Signing no recommendation: Senators Duncan, Ellis. Fiscal note published today from Division of Elections. SENATE JOINT RESOLUTION NO. 6 was referred to the Judiciary Committee. SJR 8 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 8 Proposing amendments to the Constitution of the State of Alaska relating to capital projects and loan appropriations, and to the expenditure limit. Signing do pass: Senator Leman, Chair, Senators Taylor, Miller. Signing no recommendation: Senator Ellis. Signing do not pass: Senator Duncan. 1993-01-27 Senate Journal Page 0168 SJR 8 Fiscal note published today from Division of Elections. SENATE JOINT RESOLUTION NO. 8 was referred to the Judiciary Committee. SJR 11 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 11 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. Signing no recommendation: Senator Leman, Chair. Signing do pass: Senators Taylor, Duncan, Ellis, Miller. Fiscal note published today from Division of Elections. SENATE JOINT RESOLUTION NO. 11 was referred to the Judiciary Committee. SB 43 The Resources Committee considered SENATE BILL NO. 43 "An Act establishing a grant program relating to transplantation of elk" and recommended it be replaced with CS FOR SENATE BILL NO. 43 (RES) "An Act establishing a grant program relating to transplantation of elk; and providing for an effective date." Signing do pass: Senator Miller, Chair, Senator Frank. Signing no recommendation: Senators Pearce, Zharoff, Adams, Leman. Zero fiscal note for SENATE BILL NO. 43 and the Committee Substitute published today from Department of Fish and Game. SENATE BILL NO. 43 was referred to the Finance Committee. 1993-01-27 Senate Journal Page 0169 SB 44 The Labor and Commerce Committee considered SENATE BILL NO. 44 "An Act relating to civil liability for skiing accidents, operation of ski areas, and duties of ski area operators and skiers; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 44 (L&C). Signing do pass: Senator Kelly, Chair. Signing no recommendation: Senators Pearce, Rieger, Salo, Lincoln. Zero fiscal notes for SENATE BILL NO. 44 and the Committee Substitute published today from Alaska Court System and Department of Commerce and Economic Development. SENATE BILL NO. 44 was referred to the Judiciary Committee. SB 47 The Labor and Commerce Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 "An Act relating to equipment, registration, and identification of custom collector vehicles; and providing for an effective date." Signing do pass: Senator Kelly, Chair, Senators Rieger, Salo, Lincoln. Signing no recommendation: Senator Pearce. Fiscal note published today from Department of Public Safety. SENATE BILL NO. 47 was referred to the Finance Committee. SB 48 The Community and Regional Affairs Committee considered SENATE BILL NO. 48 "An Act making a supplemental appropriation for certain elections for regional educational attendance area school boards and coastal resource service area boards; and providing for an effective date." Signing no recommendation: Senator Phillips, Chair, Senators Halford, Taylor. Senator Rieger, Chair, moved and asked unanimous consent that the Health, Education and Social Services Committee referral be waived on SENATE BILL NO. 48. Without objection, it was so ordered. SENATE BILL NO. 48 was referred to the Finance Committee. 1993-01-27 Senate Journal Page 0170 INTRODUCTION AND REFERENCE OF SENATE BILLS SB 68 SENATE BILL NO. 68 by Senator Taylor, entitled: "An Act relating to notaries; and providing for an effective date." was read the first time and referred to the State Affairs Committee, the Labor and Commerce Committee and the Judiciary Committee. SB 69 SENATE BILL NO. 69 by Senators Taylor, Duncan, entitled: "An Act prohibiting employers from discriminating against individuals who use legal products in a legal manner outside of work." was read the first time and referred to the Labor and Commerce Committee and the Judiciary Committee. SB 70 SENATE BILL NO. 70 by Senator Duncan, entitled: "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." was read the first time and referred to the Health, Education and Social Services Committee, the Labor and Commerce Committee and the Finance Committee. SB 71 SENATE BILL NO. 71 by Senator Leman, entitled: "An Act relating to emergency medical services; and repealing obsolete references to the Statewide Health Coordinating Council and health systems agencies." 1993-01-27 Senate Journal Page 0171 SB 71 was read the first time and referred to the Health, Education and Social Services Committee, the Labor and Commerce Committee and the Finance Committee. SB 72 SENATE BILL NO. 72 by Senator Phillips, entitled: "An Act relating to treatment of permanent fund dividends for purposes of determining eligibility for certain benefits; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services Committee, the Judiciary Committee and the Finance Committee. SB 73 SENATE BILL NO. 73 by Senators Kelly, Leman, Halford, Pearce, Frank, entitled: "An Act relating to the time for filing certain civil actions; and providing for an effective date." was read the first time and referred to the Labor and Commerce Committee and the Judiciary Committee. SB 74 SENATE BILL NO. 74 by the Senate Rules Committee by request of the Governor, entitled: "An Act making a supplemental appropriation for costs of elections operations; and providing for an effective date." was read the first time and referred to the Finance Committee. Governor's transmittal letter dated January 27: 1993-01-27 Senate Journal Page 0172 SB 74 Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill making a supplemental appropriation for $891,500 to the Office of the Governor, Division of Elections, to allow that division to carry on essential elections operations until the end of the fiscal year. The Division of Elections is required by statute to perform functions essential to the operation of elections in this state. These functions include supervising registration of voters, preparing election ballots and materials, administering candidate filings for elective positions, and other essential duties. Due to underfunding of operations and litigation, including the reapportionment process, the Division of Elections is rapidly running out of money to perform these functions. In order to properly conduct elections and perform its other statutory duties, a supplemental appropriation is essential and should be enacted into law no later than February 15, 1993, the projected date when the division will no longer have funding. Without this supplemental appropriation, performance of these important state functions is jeopardized. I urge your prompt consideration and passage of this important legislation. Sincerely, /s/ Walter J. Hickel Governor 1993-01-27 Senate Journal Page 0173 CONSIDERATION OF THE CALENDAR CITATIONS Honoring - Leo and Agnes Schlotfeldt By Senators Sharp, Frank, Miller, Pearce, Halford, Lincoln, Leman, Kerttula Representatives Vezey, Brice, Sitton, Therriault, James, Davies Honoring - Mount Edgecumbe Academic Principal Bill Denkinger, Principal of the Year, 1992 By Representative Grussendorf Senators Taylor, Pearce, Adams, Lincoln, Donley, Kerttula, Little Senator Taylor moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Senator Taylor moved and asked unanimous consent that the notice and publication requirements be waived and the following citation be made a special order of business. Without objection, it was so ordered. SPECIAL ORDER OF BUSINESS Honoring - David A. McGuire, M.D. By Senators Pearce, Halford, Kelly, Taylor, Leman Senator Taylor moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. 1993-01-27 Senate Journal Page 0174 UNFINISHED BUSINESS SJR 11 Senator Rieger moved and asked unanimous consent that he be shown as a cosponsor on SENATE JOINT RESOLUTION NO. 11 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. Without objection, it was so ordered. SB 60 President Halford added a Judiciary Committee referral to SENATE BILL NO. 60 "An Act making appropriations for construction and major maintenance of schools; and providing for an effective date." SENATE BILL NO. 60 was referred to the Health, Education and Social Services Committee, the Judiciary Committee and the Finance Committee. Senator Phillips moved and asked unanimous consent that he be excused from a call of the Senate from 8:00 a.m., January 29 to 10:00 a.m., February 1. Without objection, Senator Phillips was excused. Senator Rieger moved and asked unanimous consent that he be excused from a call of the Senate the evening of January 29 to morning plane time, February 1. Without objection, Senator Rieger was excused. President Halford made the following appointments: Select Committee on Legislative Ethics Senator Kerttula Senator Pearce Senator Taylor moved that the Senate confirm the Senate appointees, Senator Kerttula and Senator Pearce, to the Select Committee on Legislative Ethics. 1993-01-27 Senate Journal Page 0175 The question being: "Shall the Senate members to the Select Committee on Legislative Ethics be confirmed?" The roll was taken with the following result: Shall the Senate members to the Select Committee on Legislative Ethics be confirmed? Senator Kerttula and Senator Pearce YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Frank, Halford, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Absent: Ellis, Jacko and so, the Senate members were confirmed. ANNOUNCEMENTS Announcements are at the end of the journal. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 29, 1993. Without objection, the Senate adjourned at 12:56 p.m. Nancy Quinto Secretary of the Senate January 1993 1993-01-27 Senate Journal Page 0176 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 JAN 28 THURSDAY 9:00 AM TELECONFERENCE - ANCHORAGE & FAIRBANKS LIO'S SB 26 LEGISLATIVE SESSIONS TO BE IN ANCHORAGE ---------------------------------------- FINANCE SENATE FINANCE 518 JAN 27 WEDNESDAY 9:00 AM BUDGET OVERVIEW: CRA ..COMMISSIONER EDGAR BLATCHFORD JAN 28 THURSDAY 9:00 AM ..JOINT WITH SENATE HES "THE MECHANICS OF THE SCHOOL FOUNDATION FORMULA" PRESENTED BY ALASKA ASSOCIATION OF SCHOOL BUSINESS OFFICIALS JAN 28 THURSDAY 3:30 PM ..JOINT WITH SENATE TRANSPORTATION OVERVIEW: INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) BY DOT/PF JAN 29 FRIDAY 9:00 AM ..JOINT WITH HOUSE FINANCE PRESENTATION BY ALASKA SENTENCING COMMISSION 1993-01-27 Senate Journal Page 0177 FINANCE CONTINUED FEB 01 MONDAY 9:00 AM SB 30 EXTEND ALASKA MINERALS COMMISSION <PUBLIC HEARING NOTICE WAIVED> CIP OVERVIEW: ..9:20 AM--TRANSPORTATION FEB 02 TUESDAY 9:00 AM CIP OVERVIEWS: ..9:00 AM--CORRECTIONS ..9:30 AM--PUBLIC SAFETY .10:00 AM--COMMERCE & ECONOMIC DEVELOPMENT .10:30 AM--EDUCATION FEB 03 WEDNESDAY 9:00 AM CIP OVERVIEWS: ..9:00 AM--LABOR ..9:20 AM--COURT SYSTEM ..9:40 AM--MILITARY & VETERAN AFFAIRS .10:20 AM--COMMUNITY & REGIONAL AFFAIRS FEB 04 THURSDAY 9:00 AM CIP OVERVIEWS: ..9:00 AM--ADMINISTRATION ..9:30 AM--REVENUE .10:00 AM--HEALTH & SOCIAL SERVICES .10:30 AM--FISH & GAME FEB 05 FRIDAY 9:00 AM CIP OVERVIEWS: ..9:00 AM--LAW ..9:15 AM--NATURAL RESOURCES ..9:40 AM--UNIVERSITY OF ALASKA .10:20 AM--ENVIRONMENTAL CONSERVATION ---------------------------------------- 1993-01-27 Senate Journal Page 0178 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 JAN 27 WEDNESDAY 1:30 PM TELECONFERENCE- ANCHORAGE & SITKA SITES SB 53 ANNULLING ABORTION FUNDING REGULATIONS JAN 28 THURSDAY 9:00 AM ..JOINT WITH SENATE FINANCE ALASKA ASSOCIATION OF SCHOOL BUSINESS OFFICIALS WILL PRESENT "THE MECHANICS OF THE SCHOOL FOUNDATION FORMULA" JAN 29 FRIDAY 1:30 PM ALASKA STATE BOARD OF EDUCATION PRESENTATION: ALASKA 2000 ---------------------------------------- JUDICIARY BELTZ ROOM 211 JAN 27 WEDNESDAY 1:30 PM NO MEETING SCHEDULED JAN 29 FRIDAY 1:30 PM *******LOCATION CHANGE******* ..JOINT WITH HOUSE JUDICIARY ALASKA SENTENCING COMMISSION FEB 01 MONDAY 1:30 PM CONFIRMATION HEARING ..COMMISSIONER DESIGNATE LLOYD G. RUPP 1993-01-27 Senate Journal Page 0179 JUDICIARY CONTINUED FEB 03 WEDNESDAY 1:00 PM *****NOTE TIME AND LOCATION CHANGE***** CONFIRMATION HEARING FOR PUBLIC MEMBERS OF THE SELECT COMMITTEE ON LEGISLATIVE ETHICS ..JOINT WITH HOUSE JUDICIARY FEB 05 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE BELTZ ROOM 211 JAN 28 THURSDAY 1:30 PM MEETING, IF NECESSARY, FOR BILLS PREVIOUSLY HEARD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 JAN 27 WEDNESDAY 3:30 PM NO MEETING SCHEDULED JAN 29 FRIDAY 3:30 PM NO MEETING SCHEDULED FEB 01 MONDAY 3:30 PM SB 46 AUTHORIZE MOOSE FARMING FEB 03 WEDNESDAY 3:30 PM SB 67 MENTAL HEALTH TRUST AMENDMENTS FEB 05 FRIDAY 3:30 PM SB 67 MENTAL HEALTH TRUST AMENDMENTS 1993-01-27 Senate Journal Page 0180 STATE AFFAIRS BUTROVICH ROOM 205 JAN 27 WEDNESDAY 9:00 AM SJR 11 REPEAL OF REGULATIONS BY LEGISLATURE SJR 8 CAPITAL PROJECTS/EXPENDITURE LIMIT JAN 29 FRIDAY 9:00 AM SB 29 APPROP: EARNINGS RESERVE TO PF PRINCIPAL SB 49 YEAR-END CAMPAIGN FINANCE REPORTS FEB 01 MONDAY 9:00 AM ********CANCELLED*********** FEB 03 WEDNESDAY 9:00 AM SB 56 ADMINISTRATION OF BUDGET RESERVE FUND SCR 1 TWENTY-SEVENTH ANNUAL BOYS' STATE SB 6 ANNUITY PROGRAM AMENDMENTS SB 1 RETIREMENT INCENTIVE PROGRAM SB 10 RETIREMENT INCENTIVE PROGRAM FEB 05 FRIDAY 9:00 AM SJR 14 LINE ITEM VETO FOR U.S. PRESIDENT SJR 2 RIGHTS OF VICTIMS OF CRIMES BILLS PREVIOUSLY HEARD ---------------------------------------- TRANSPORTATION SENATE FINANCE 518 JAN 28 THURSDAY 3:30 PM *****NOTE LOCATION CHANGE******* ..JOINT WITH SENATE FINANCE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) BRIEFING BY DOT/PF 1993-01-27 Senate Journal Page 0181 SPECIAL COMMITTEES SPECIAL COMMITTEE ON OIL AND GAS CAPITOL 124 JAN 28 THURSDAY 10:00 AM ..JOINT WITH HOUSE OIL AND GAS OVERVIEW: DNR, DIVISION OF OIL AND GAS JOINT COMMITTEES LEGISLATIVE BUDGET AND AUDIT HOUSE FINANCE 519 JAN 28 THURSDAY 4:00 PM PERMANENT FUND CORPORATION PRESENTATION FEB 05 FRIDAY 12:00 PM AGENDA: SPECIAL AUDIT REQUESTS; APPROVAL OF SPECIAL AUDITS, RPL'S AND COMMITTEE PROCEDURES ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH ROOM 205 FEB 01 MONDAY 12:00 PM LEGISLATIVE COUNCIL OTHER COMMITTEES ANCHORAGE CAUCUS SENATE FINANCE 518 JAN 28 THURSDAY 12:00 PM ORGANIZATIONAL MEETING ---------------------------------------- 1993-01-27 Senate Journal Page 0182 MAJORITY CAUCUS BUTROVICH ROOM 205 JAN 27 WEDNESDAY 11:30 AM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS CAPITOL ROOM 17 JAN 27 WEDNESDAY 11:30 AM MINORITY CAUCUS ---------------------------------------- HEALTH RESOURCES AND ACCESS TASK FORCE SENATE FINANCE 518 JAN 27 WEDNESDAY 12:00 PM PRESENTATION OF THE FINAL REPORT OF THE HEALTH RESOURCES AND ACCESS TASK FORCE