Legislature(1993 - 1994)
1993-02-26 Senate Journal
Full Journal pdf1993-02-26 Senate Journal Page 0497 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Friday February 26, 1993 Forty-seventh Day Pursuant to adjournment the Senate was called to order by President Halford at 11:14 a.m. The roll showed seventeen members present. Senators Duncan, Little and Salo were excused from a call of the Senate. The prayer was offered by the Chaplain, Reverend Wilson Valentine of St. Brendan's Episcopal Church. Senator Lincoln moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. As you approach the conclusion of another week, may the one who shepherds our lives accept the times in which we were challenged to see things from another point of view, excuse our moments of tension and stress with each other, and understand any time in which we felt pride in our accomplishments, for we are human and mortal by our very being. Allow us then, to proceed on through this day to complete some of our tasks, to continue the on- going work, and anticipate beginning anew the challenges of tomorrow; and then at this day's end guide us safely to our destinations, and give us rest and comfort. Amen. Senator Taylor led the Senate in the pledge of allegiance. 497 1993-02-26 Senate Journal Page 0498 CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the forty-sixth legislative day and Senate and House Joint Journal Supplement No. 7 be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Message of February 25 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 25 HOUSE JOINT RESOLUTION NO. 25 by Representative Moses, Relating to implementation of the Aleutian Trade Act of 1990. was read the first time and referred to the Transportation Committee. COMMUNICATIONS The following reports were received and are on file in the Office of the Secretary of the Senate: State Revenue Sharing and Municipal Assistance, FY 93 Final Report from Edgar Blatchford, Commissioner, Department of Community and Regional Affairs in accordance with Chapter 155, SLA 1980 Division of Banking, Securities and Corporations, FY 92 Annual Report from Paul A. Fuhs, Commissioner, Department of Commerce and Economic Development in accordance with AS 06.05.055 1993-02-26 Senate Journal Page 0499 Public Employees' Retirement System and Teacher's Retirement System, Annual Report, FY 92 from Nancy Bear Usera, Commissioner, Department of Administration in accordance with AS 39.35.020 and AS 14.25.030 STANDING COMMITTEE REPORTS SB 53 The Finance Committee considered SENATE BILL NO. 53 "An Act annulling changes made by certain regulations adopted by the Department of Health and Social Services relating to funding of abortion services under the general relief medical program; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 53(FIN), entitled: "An Act relating to payment for abortions under Medicaid and general relief medical assistance; annulling changes made by certain regulations adopted by the Department of Health and Social Services relating to funding of abortion services under the general relief medical program; and providing for an effective date." Signing do pass: Senator Frank, Cochair, Senators Jacko, Rieger, Kerttula. Signing do pass without amendment: Senator Pearce, Cochair. Signing do not pass: Senators Kelly, Sharp. Previous fiscal notes apply to the Committee Substitute. SENATE BILL NO. 53 was referred to the Rules Committee. SB 54 The Finance Committee considered SENATE BILL NO. 54 "An Act relating to violations of laws by juveniles; and providing for an effective date" and recommended it be replaced with 1993-02-26 Senate Journal Page 0500 SB 54 CS FOR SENATE BILL NO. 54(FIN), entitled: "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to records of those offenses, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date." Signing do pass: Senators Pearce, Frank, Cochairs, Senators Jacko, Kelly, Sharp, Rieger. Signing no recommendation: Senator Kerttula. Previous zero fiscal notes apply to the Committee Substitute. Fiscal notes for the Committee Substitute published today from Department of Administration (2) and Alaska Court System. SENATE BILL NO. 54 was referred to the Rules Committee. SB 77 The Resources Committee considered SENATE BILL NO. 77 "An Act relating to the powers of the Board of Game and to intensive game management to achieve higher sustained yield for human harvest" and recommended it be replaced with CS FOR SENATE BILL NO. 77(RES), entitled: "An Act relating to the powers of the Board of Game and to intensive management of big game to achieve higher sustained yield for human harvest." Signing do pass: Senator Miller, Chair, Senator Frank. Signing do not pass without clarification: Senator Pearce. Signing just do not pass: Senator Zharoff. Signing no recommendation: Senator Leman. Signing do not pass - needs judicial review: Senator Adams. Zero fiscal note for SENATE BILL NO. 77 and the Committee Substitute published today from Department of Fish and Game. SENATE BILL NO. 77 was referred to the Rules Committee. 1993-02-26 Senate Journal Page 0501 SB 82 The Transportation Committee considered SENATE BILL NO. 82 "An Act relating to the Dalton Highway" and recommended it be replaced with CS FOR SENATE BILL NO. 82(TRA) Signing do pass: Senator Sharp, Chair, Senator Phillips. Signing no recommendation: Senator Kelly. Fiscal notes for SENATE BILL NO. 82 and the Committee Substitute published today from Department of Public Safety and Department of Fish and Game. Zero fiscal note for SENATE BILL NO. 82 and the Committee Substitute published today from Department of Transportation and Public Facilities. SENATE BILL NO. 82 was referred to the Finance Committee. SB 105 The Labor and Commerce Committee considered SENATE BILL NO. 105 "An Act relating to motor vehicle dealers and to agents for motor vehicle buyers; and providing for an effective date." Signing do pass: Senator Kelly, Chair. Signing no recommendation: Senators Pearce, Rieger, Salo, Lincoln. Zero fiscal note published today from Department of Public Safety. SENATE BILL NO. 105 was referred to the Judiciary Committee. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SJR 24 SENATE JOINT RESOLUTION NO. 24 by Senator Lincoln, Requesting the Department of Commerce to give a high priority to fisheries development project grants for the Alaska salmon industry. was read the first time and referred to the Resources, Judiciary and Finance Committees. 1993-02-26 Senate Journal Page 0502 SJR 25 SENATE JOINT RESOLUTION NO. 25 by the Senate Rules Committee by request of the Governor, Urging the federal government to recognize the dire water and sanitation conditions in rural Alaska and to become a full partner with this state in improving this health-threatening situation. was read the first time and referred to the Community and Regional Affairs and Health, Education and Social Services Committees. Zero fiscal note published today from Department of Environmental Conservation. Governor's transmittal letter dated February 26: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a resolution concerning the implementation of the recommendation of the Alaska Sanitation Task Force. The Alaska Sanitation Task Force was established by the Department of Environmental Conservation to examine the critical problems of inadequate water and sanitation facilities in rural Alaska and to provide recommendations for a comprehensive strategy for improving these conditions. The task force consisted of 27 representatives from federal, state, Native, and regional organizations. Its findings established dramatically that many villages in rural Alaska have inadequate water and sewer facilities and that the lack of facilities has resulted in critical health and safety problems in rural Alaska. Solving these health and safety problems will not be easy. The task force has provided a road map for their solution. The solution, though, will require the coordinated efforts of state, local, and federal governments, along with Native organizations and other groups. 1993-02-26 Senate Journal Page 0503 SJR 25 This resolution requests the assistance of the President of the United States in obtaining the cooperation of the appropriate federal agencies in addressing these important problems. These federal agencies have responsibilities for assuring safe water and sanitation programs and facilities in rural Alaska. The Department of Environmental Conservation has copies of the Alaska Sanitation Task Force report available for your review. I urge your support and prompt action on this important resolution. Sincerely, /s/ Walter J. Hickel Governor INTRODUCTION AND REFERENCE OF SENATE BILLS SB 71 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71 by Senators Leman, Ellis, entitled: "An Act relating to emergency medical services; and repealing obsolete references to the Statewide Health Coordinating Council and health systems agencies." was read the first time and referred to the Health, Education and Social Services, Labor and Commerce and Finance Committees. SB 91 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 91 by Senators Leman, Ellis, entitled: "An Act providing for coverage of midwife services under Medicaid; reordering the priority of optional services provided by the state under Medicaid; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services, Labor and Commerce and Finance Committees. 1993-02-26 Senate Journal Page 0504 SB 135 SENATE BILL NO. 135 by Senators Miller, Sharp, Frank, Phillips, entitled: "An Act making a special appropriation to the Department of Transportation and Public Facilities to determine the cost of acquiring real property within the right-of-way of the proposed extension of the Alaska Railroad from Eielson Air Force Base to the Alaska-Canada border; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. SB 136 SENATE BILL NO. 136 by Senators Lincoln, Ellis, entitled: "An Act relating to a curriculum for Native language education; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs, Health, Education and Social Services and Finance Committees. SB 137 SENATE BILL NO. 137 by the Senate Rules Committee by request of the Governor, entitled: An Act relating to conspiracies to commit murder in the first degree, murder in the second degree, kidnapping, and certain drug offenses; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. Fiscal notes from Department of Administration (2) and Department of Corrections and zero fiscal notes from Department of Law and Department of Public Safety published today. 1993-02-26 Senate Journal Page 0505 SB 137 Governor's transmittal letter dated February 26: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill creating the crime of conspiracy. This law is tailored, however, to reach only a narrow range of intended crimes; namely, conspiracies to commit murder in the first degree, murder in the second degree, kidnapping, or a felony drug offense. Conspiracy laws have provided a useful tool in the federal war on drugs and could prove effective in Alaska, as well. If sufficient evidence of the conspiracy is obtained, charges may be filed and arrests made before the conspirators actually commit the underlying planned serious felony offense. The United States Supreme Court has noted that "a conspiracy poses distinct dangers quite apart from those of the substantive. . ." offense. Iannelli v. United States, 420 U.S. 770 (1975). As it explained elsewhere, "concerted action both increases the likelihood that the criminal object will be successfully attained and decreases the probability that the individuals involved will depart from their path of criminality." Callanan v. United States, 364 U.S. 587, 593- 94 (1961). This bill requires that a conspirator commit an overt act in furtherance of the conspiracy. This must be an act that manifests a purpose on the part of the actor that the underlying crime be completed. This bill is one of four that I am introducing this session to create tough new laws to combat drugs and violent crime. If enacted, these bills will give the state the tools it needs to prosecute serious criminals fairly and effectively. 1993-02-26 Senate Journal Page 0506 SB 137 I urge your favorable action on this bill. Sincerely, /s/ Walter J. Hickel Governor SB 138 SENATE BILL NO. 138 by the Senate Rules Committee by request of the Governor, entitled: "An Act authorizing the interception of private communications related to the commission of certain criminal offenses; making related amendments to statutes relating to eavesdropping and wiretapping; relating to the penalty for violation of statutes relating to eavesdropping and unauthorized interception, publication, or use of private communications; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. Zero fiscal notes published today from Department of Law, Department of Public Safety and Department of Administration. Governor's transmittal letter dated February 26: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill authorizing the interception of private communications. 1993-02-26 Senate Journal Page 0507 SB 138 Section 1 creates a new chapter in the criminal code relating to "interception of private communications," more commonly thought of as "wiretapping." Sections 2 - 8 of this bill make conforming amendments to existing eavesdropping statutes in AS42 (Public Utilities and Carriers) and increase the penalty for a violation of those statutes. The bill contains substantial safeguards and protections similar to those required in federal law. Comprehensive federal legislation has been enacted (18 U.S.C. 2510 - 2521), authorizing wiretapping under carefully delineated circumstances. Under the federal law, states may adopt similar laws only if, like this bill, they are at least as restrictive and protective of private communications as the federal law. Under this bill, wiretapping is permitted only if a court order is obtained in advance, and only the attorney general or the attorney general's designee may authorize an application for the order. This bill limits the crimes for which wiretapping may be used to murder, kidnapping, and class A or unclassified felony drug offenses. Careful records must be kept during the interceptions, which must be filed with and held by the court under seal. Notice of the interception must be given in almost all circumstances and a defendant always has the right to move to suppress the evidence for any violation of the law, before it is used at trial or sentencing. Finally, annual reports, providing information about each interception made during the year, must be prepared by the attorney general and filed with the federal government. This bill is one of four that I am introducing this session to create tough new laws to combat drugs and violent crime. If enacted, these bills will give the state the tools it needs to investigate and prosecute serious criminals fairly and effectively. 1993-02-26 Senate Journal Page 0508 SB 138 I urge your favorable action on this bill. Sincerely, /s/ Walter J. Hickel Governor SB 139 SENATE BILL NO. 139 by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to forfeiture of certain property; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. Zero fiscal notes published today from Department of Administration (2), Department of Public Safety and Department of Law. Governor's transmittal letter dated February 26: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill amending the states asset forfeiture laws to make them more effective. Many of these changes are found in the Model Asset Seizure and Forfeiture Act (1991), prepared by the American Prosecutor's Research Institute. This bill -- permits forfeiture of real property, including buildings; -- permits tracing of drug money to allow forfeiture of any property purchased with that money; 1993-02-26 Senate Journal Page 0509 SB 139 -- permits forfeiture of all dangerous instruments used by a drug dealer, while existing law requires forfeiture only of firearms; -- permits the sharing of forfeited assets between municipal police departments and the state; -- requires the costs of the forfeiture proceedings to be paid by the drug dealer; -- allows the court to forfeit other assets of the drug dealer if the property to be forfeited is commingled with other property, has been removed from the jurisdiction, or has been destroyed by the drug dealer; -- gives the state a perfected priority lien on the forfeited property, and thus avoids the pitfalls of Fehir v. State, 739 P.2d 785 (Alaska App. 1987), which permits unsecured creditors to claim forfeited property; and -- resolves some of the procedural ambiguities in existing forfeiture law noted in Badoino v. State, 785 P.2d 39 (Alaska App. 1990). This bill is one of four that I am introducing this session to create tough new laws to combat drugs and violent crime. If enacted, these bills will give the state the tools it needs to prosecute serious criminals fairly and effectively. I urge your favorable action on this bill. Sincerely, /s/ Walter J. Hickel Governor 1993-02-26 Senate Journal Page 0510 SB 140 SENATE BILL NO. 140 by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to the charging, prosecuting, and sentencing of certain minors concerning offenses of murder in the first degree, attempted murder in the first degree, murder in the second degree, and certain other offenses; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. Zero fiscal notes published today from Department of Law, Department of Health and Social Services, Department of Administration (2), Department of Public Safety and Department of Corrections. Governor's transmittal letter dated February 26: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that amends existing law to provide that a 16- or 17-year-old arraigned on a charge of murder in the first degree, attempted murder in the first degree, or murder in the second degree is automatically prosecuted in "adult" court and, if convicted, is sentenced as an "adult." Under present law, 16- and 17-year-olds are generally "prosecuted" in juvenile court and, if adjudicated as delinquent, may be placed in rehabilitation programs only until the minor's 20th birthday. A minor may be tried as an adult only if the court finds probable cause to believe that the minor is delinquent and that the minor is not amendable to treatment through the juvenile system. The court must base its findings on whether the minor "probably cannot be rehabilitated . . . before reaching 20 years of age." AS47.10.060(d). 1993-02-26 Senate Journal Page 0511 SB 140 In making this decision, existing statutes allow the court to consider the seriousness of the offense the minor is alleged to have committed, the minor's history of delinquency, the probable cause of the minor's delinquent behavior, and the facilities available for treating the minor. AS47.10.060(d). Under existing law, it is often difficult for prosecutors to demonstrate to the court's satisfaction that the statutory requirements have been met, even though the minor is accused of murder in the first or second degree or attempted murder in the first degree. This showing is especially difficult to make for first offenders, who do not have a pattern of convictions and unsuccessful rehabilitation in the juvenile system to demonstrate to the court. This bill would remedy this situation by, in essence, automatically waiving a 16- or 17-year-old accused of these serious offenses into "adult" court. In "adult" court, the minor would have the same constitutional rights and protections given to an adult accused of the same offense. This bill would also allow the court to sentence a minor offender, if convicted of one of these serious crimes in adult court, to incarceration beyond the minor's 20th birthday. This bill has been recommended by law enforcement officers in the state as an appropriate method for prosecuting serious juvenile offenders and providing greater protection to the public. I urge your favorable action on this important bill. Sincerely, /s/ Walter J. Hickel Governor 1993-02-26 Senate Journal Page 0512 CONSIDERATION OF THE CALENDAR SENATE BILLS IN THIRD READING SB 47 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" which had been held in third reading (page 464) was before the Senate. Senator Donley moved and asked unanimous consent that SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 be returned to second reading for the purpose of a specific amendment. Without objection, it was so ordered. Senator Donley offered Amendment No. 1 : Page 3, lines 2 - 4: Delete "or a replica of a vehicle whose body and frame were manufactured before 1949 and" Senator Donley moved for the adoption of Amendment No. 1. Senator Kelly objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SSSB 47 Second Reading Amendment No. 1 YEAS: 5 NAYS: 12 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Donley, Ellis, Lincoln, Zharoff Nays: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Excused: Duncan, Little, Salo and so, Amendment No. 1 failed. 1993-02-26 Senate Journal Page 0513 SB 47 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 was automatically in third reading. Senator Donley moved and asked unanimous consent that SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 be returned to second reading for the purpose of a specific amendment. Without objection, it was so ordered. Senator Donley offered Amendment No. 2 : Page 1, line 13: Delete "or blue-dot" Senator Donley 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: SSSB 47 Second Reading Amendment No. 2 YEAS: 7 NAYS: 10 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Donley, Ellis, Kerttula, Lincoln, Phillips, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor Excused: Duncan, Little, Salo and so, Amendment No. 2 failed. SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 was automatically in third reading. 1993-02-26 Senate Journal Page 0514 SB 47 Senator Donley moved and asked unanimous consent that SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 be returned to second reading for the purpose of a specific amendment. Without objection, it was so ordered. Senator Donley offered Amendment No. 3 : Page 2, line 26: Delete "$50" Insert "$100" Senator Donley moved for the adoption of Amendment No. 3. Senator Kelly objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SSSB 47 Second Reading Amendment No. 3 YEAS: 6 NAYS: 11 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Donley, Ellis, Kerttula, Lincoln, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Excused: Duncan, Little, Salo and so, Amendment No. 3 failed. SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 was automatically in third reading. Amendment No. 4 was offered at a later time. Senator Donley moved and asked unanimous consent that SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 be returned to second reading for the purpose of a specific amendment. Without objection, it was so ordered. 1993-02-26 Senate Journal Page 0515 SB 47 Senator Donley offered Amendment No. 5 : Page 1, line 1: Delete "and" Following "identification of": Insert ", and liability insurance for" Page 2, after line 30: Insert new bill sections to read: "Sec. 5. AS 28.20.440(b) is amended to read: (b) The owner's policy of liability insurance must (1) designate by description or appropriate reference all vehicles that it covers; (2) insure the person named and every other person using the vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the vehicle within the United States or Canada, subject to limits exclusive of interest and costs, with respect to (A) each vehicle, other than a custom collector vehicle, as follows: $50,000 because of bodily injury to or death of one person in any one accident, and, subject to the same limit for one person, $100,000 because of bodily injury to or death of two or more persons in any one accident, and $25,000 because of injury to or destruction of property of others in any one accident; (B) each custom collector vehicle, as follows: $100,000 because of bodily injury to or death of one person in any one accident, and, subject to the same limit for one person, $200,000 because of bodily injury to or death of two or more persons in any one accident, and $50,000 because of injury to or destruction of property of others in any one accident; (3) contain coverage in not less than the amounts set out in (2) of this subsection for the protection of the persons insured under the policy who are legally entitled to recover 1993-02-26 Senate Journal Page 0516 SB 47 damages from owners or operators of uninsured or underinsured motor vehicles because of bodily injury or death, or damage to or destruction of property arising out of the ownership, maintenance, or use of the uninsured or underinsured motor vehicle; this coverage must comply with the provisions of AS28.20.445. * Sec. 6. AS 28.22.101(d) is amended to read: (d) A motor vehicle liability policy must provide coverage in the United States or Canada, subject to limits exclusive of interest and costs, with respect to (1) each vehicle, other than a custom collector vehicle, as follows: (A) [(1)] $50,000 because of bodily injury to or death of one person in one accident, and, subject to the same limit for one person, $100,000 because of bodily injury to or death of two or more persons in one accident; and (B) [(2)] $25,000 because of injury to or destruction of property of others in one accident; and (2) each custom collector vehicle, as follows: (A) $100,000 because of bodily injury to or death of one person in one accident, and, subject to the same limit for one person, $200,000 because of bodily injury to or death of two or more persons in one accident; and (B) $50,000 because of injury to or destruction of property of others in one accident." Renumber the following bill sections accordingly. Senator Donley moved for the adoption of Amendment No. 5. Senator Kelly objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: 1993-02-26 Senate Journal Page 0517 SB 47 SSSB 47 Second Reading Amendment No. 5 YEAS: 4 NAYS: 13 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Donley, Ellis, Lincoln Nays: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Excused: Duncan, Little, Salo and so, Amendment No. 5 failed. SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 was automatically in third reading. Amendment No. 6 and Amendment No. 7 were not offered. Senator Donley moved and asked unanimous consent that SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 be returned to second reading for the purpose of a specific amendment. Without objection, it was so ordered. Senator Donley offered Amendment No. 4 : Page 2, lines 2 - 4: Delete all material. Renumber the following subsection accordingly. Senator Donley moved for the adoption of Amendment No. 4. Senator Kelly objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 1993-02-26 Senate Journal Page 0518 SB 47 SSSB 47 Second Reading Amendment No. 4 YEAS: 7 NAYS: 10 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Donley, Ellis, Kerttula, Lincoln, Phillips, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor Excused: Duncan, Little, Salo and so, Amendment No. 4 failed. SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 was automatically in third reading. Senator Lincoln moved that SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 be returned to second reading for the purpose of a specific amendment. Senator Taylor objected, then withdrew his objection. There being no further objection, the bill was returned to second reading. Senator Lincoln offered Amendment No. 8 : Page 2, line 3: Delete "not" Senator Lincoln moved for the adoption of Amendment No. 8. Senator Kelly objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: 1993-02-26 Senate Journal Page 0519 SB 47 SSSB 47 Second Reading Amendment No. 8 YEAS: 7 NAYS: 10 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Donley, Ellis, Kerttula, Lincoln, Phillips, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor Excused: Duncan, Little, Salo and so, Amendment No. 8 failed. SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 was automatically in third reading. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: SSSB 47 Third Reading YEAS: 11 NAYS: 6 EXCUSED: 3 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Ellis, Kerttula, Lincoln, Zharoff Excused: Duncan, Little, Salo Kerttula changed from "Yea" to "Nay". Phillips changed from "Nay" to "Yea". 1993-02-26 Senate Journal Page 0520 SB 47 and so, SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 passed the Senate. Senator Taylor moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SSSB 47 Third Reading Effective Date YEAS: 17 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Adams, Donley, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Excused: Duncan, Little, Salo and so, the effective date clause was adopted. Senator Adams gave notice of reconsideration. CITATIONS Honoring - Chuck Lamica, Steve Lewis, Cinda Stanek, Dave Carlile and Bow Austin, Distinguished Bravery Commendation by Representatives Hudson, Ulmer Senators Duncan, Leman, Zharoff, Donley, Lincoln, Rieger, Pearce, Little, Halford Honoring - Lt. Chris Kobi, Lt. Todd Schmidt, AT3 Dave Ostlund and AT3 Henry Pyle, Distinguished Bravery Commendation by Representatives Hudson, Ulmer Senators Duncan, Leman, Zharoff, Donley, Lincoln, Rieger, Pearce, Little, Halford 1993-02-26 Senate Journal Page 0521 Honoring - Kivalina Qavviks Girls Basketball Team by Senators Adams, Donley, Pearce, Leman, Lincoln, Zharoff Representative MacLean Honoring - Evolyn Melville by Representative James Senators Miller, Frank, Sharp, Halford In Memoriam - Robert David Herrnsteen by Senators Zharoff, Duncan, Lincoln, Leman Representative Davidson In Memoriam - Peter J. Curran, Jr. by Representative Foster Senators Adams, Lincoln, Halford, Zharoff In Memoriam - Manvil H. Olson by Representatives Menard, Carney, Larson Senators Kerttula, Halford In Memoriam - Rune C. Appelo by Senators Leman, Donley, Halford, Pearce In Memoriam - Brigadier General Robert W. Steele by Representative Foster Senators Adams, Donley, Pearce, Leman, Lincoln, Zharoff, Kelly In Memoriam - Clarence A. Ongtowasruk by Representatives Foster, MacLean Senators Adams, Lincoln, Zharoff In Memoriam - David "Mo" Olson by Representative Foster Senators Adams, Lincoln, Halford, Zharoff In Memoriam - Grace E. Swanberg Edman by Representative Foster Senators Adams, Lincoln, Zharoff 1993-02-26 Senate Journal Page 0522 In Memoriam - James B. Carrithers by Representatives Hudson, Ulmer Senator Duncan 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. UNFINISHED BUSINESS Senator Kelly brought up the reconsideration on the confirmation of the Public Members to the Select Committee on Legislative Ethics. Senator Taylor moved and asked unanimous consent that the reconsideration of the confirmation of Edith A. Vorderstrasse and Annie Laurie Howard as Public Members to the Select Committee on Legislative Ethics be held to the March 1 calendar. Without objection, it was so ordered. 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., March 1, 1993. Without objection, the Senate adjourned at 12:36 p.m. Nancy Quinto Secretary of the Senate February 1993 1993-02-26 Senate Journal Page 0523 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 MAR 02 TUESDAY 9:00 AM SB 42 LOCAL SALES TAX ON ALCOHOLIC BEVERAGES SB 88 CAPITAL PROJECT GRANTS SB 89 APPROP: CAPITAL PROJECT MATCHING GRANTS BILLS PREVIOUSLY HEARD MAR 04 THURSDAY 9:00 AM SB 102 MUNICIPAL PROPERTY TAX EXEMPTIONS BILLS PREVIOUSLY HEARD ---------------------------------------- FINANCE SENATE FINANCE 518 FEB 26 FRIDAY 9:00 AM SB 53 ANNULLING ABORTION FUNDING REGULATIONS <PUBLIC HEARING NOTICE WAIVED> SB 54 OFFENSES BY JUVENILE OFFENDERS MAR 01 MONDAY 9:00 AM SB 46 AUTHORIZE MOOSE FARMING SB 19 CRIME OF CONSPIRACY SB 49 YEAR-END CAMPAIGN FINANCE REPORTS MAR 03 WEDNESDAY 9:00 AM SB 106 AUTHORIZING POWER TRANSMISSION INTERTIES SB 126 APPROP: POWER TRANSMISSION INTERTIES MAR 05 FRIDAY 9:00 AM SB 111 DEFINED CONTRIBUTION RETIREMENT PLAN SB 43 GRANTS TO TRANSPLANT ELK ---------------------------------------- 1993-02-26 Senate Journal Page 0524 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 26 FRIDAY 1:30 PM BILLS PREVIOUSLY HEARD CONFIRMATION HEARINGS: ..BOARD OF MARITAL & FAMILY THERAPY ..BOARD OF CERTIFIED DIRECT-ENTRY MIDWIVES ..BOARD OF NURSING ..BOARD OF CLINICAL SOCIAL WORK EXAMINERS TELECONFERENCE ON FOLLOWING CONFIRMATION HEARING ..BOARD OF EDUCATION ..PROFESSIONAL TEACHING PRACTICES COMMISSION MAR 01 MONDAY 1:30 PM BILLS PREVIOUSLY HEARD ..JOINT WITH HOUSE HES AND TELECONFERENCED CONFIRMATION HEARING:STATE MEDICAL BOARD MAR 03 WEDNESDAY 1:30 PM BILLS PREVIOUSLY HEARD MAR 05 FRIDAY 1:30 PM BILL PREVIOUSLY HEARD SB 45 MISC. LAWS RELATING TO MINORS MAR 08 MONDAY 1:30 PM BILLS PREVIOUSLY HEARD SB 71 EMERGENCY MEDICAL SERVICES SYSTEM HB 114 DRUG DISPENSING:ADF. NURSE PRACTITIONERS ---------------------------------------- JUDICIARY BELTZ ROOM 211 FEB 26 FRIDAY 1:30 PM NO MEETING SCHEDULED MAR 01 MONDAY 1:30 PM SB 67 MENTAL HEALTH TRUST AMENDMENTS 1993-02-26 Senate Journal Page 0525 JUDICIARY CONTINUED MAR 03 WEDNESDAY 1:30 PM JOINT WITH HOUSE JUDICIARY GOVERNOR'S APPOINTMENTS CONFIRMATION HEARINGS ..ALASKA BAR BOARD OF GOVERNORS ..COMMISSION ON JUDICIAL CONDUCT ..PUBLIC DEFENDER ..VIOLENT CRIMES COMPENSATION BOARD MAR 05 FRIDAY 1:30 PM TELECONFERENCE TO ANCHORAGE: 1:30-3:30 SB 84 REVOKE DRIVER'S LICENSE IF USE FALSE I.D. SB 44 CIVIL LIABILITY FOR SKIING ACCIDENTS SJR 3 LIMITING TERMS OF LEGISLATORS SJR 4 90 DAY SESSION LIMIT BILLS PREVIOUSLY HEARD SB 69 RIGHT TO USE LAWFUL PRODUCTS ---------------------------------------- LABOR & COMMERCE FAHRENKAMP ROOM 203 MAR 02 TUESDAY 1:30 PM SB 86 FUND TRANSFERS UNDER THE UCC SB 112 UNIFORM COMMERCIAL CODE REVISIONS SB 87 EXTEND ALASKA PUBLIC UTILITIES COMMISSION SB 99 FINANCIAL ADMINISTRATION OF STATE GOVT. BILLS PREVIOUSLY HEARD MAR 04 THURSDAY 1:30 PM SB 122 EMPLOYER'S LIABILITY FOR REFERENCE INFO BILLS PREVIOUSLY HEARD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 FEB 26 FRIDAY 3:30 PM SB 104 STATE SHARE OF FEDERAL GAS ROYALTIES MAR 01 MONDAY 3:30 PM BILLS PREVIOUSLY HEARD 1993-02-26 Senate Journal Page 0526 RESOURCES CONTINUED MAR 03 WEDNESDAY 3:30 PM CONFIRMATION HEARING: ..DNR COMMISSIONER GLENN OLDS BILLS PREVIOUSLY HEARD MAR 05 FRIDAY 3:30 PM CONFIRMATION HEARINGS: ..BIG GAME COMMERCIAL SERVICES BOARD: GLENN FREDERICKS, PAUL JOHNSON ..COMMERCIAL FISHERIES ENTRY COMMISSION: BRUCE TWOMLEY BILLS PREVIOUSLY HEARD ---------------------------------------- RULES FAHRENKAMP ROOM 203 FEB 26 FRIDAY 1:15 PM HB 94 APPROP: SUPPLEMENTAL FOR ELECTION COSTS SJR 19 NAME SHEMYA AFB EARECKSON AIR FORCE BASE SB 77 INTENSIVE MANAGEMENT OF GAME RESOURCES SB 53 ANNULLING ABORTION FUNDING REGULATIONS SB 54 OFFENSES BY JUVENILE OFFENDERS ---------------------------------------- STATE AFFAIRS BUTROVICH ROOM 205 FEB 26 FRIDAY 9:00 AM *****STATEWIDE TELECONFERENCE******* SB 1 RETIREMENT INCENTIVE PROGRAM MAR 01 MONDAY 9:00 AM NO MEETING SCHEDULED MAR 03 WEDNESDAY 9:00 AM SB 33 GRANTS FOR LOCAL EMERGENCY PLANNING SB 80 BOARDS/COMMISSIONS/COUNCILS/AUTHORITIES SB 129 POWERS OF CHIEF PROCUREMENT OFFICER MAR 05 FRIDAY 9:00 AM CONFIRMATION HEARING: ..STATE COMMISSION FOR HUMAN RIGHTS: AUGUSTA SAYOKO D. MIMOTO GREENHEART ROBYN F. STATES BILLS PREVIOUSLY HEARD 1993-02-26 Senate Journal Page 0527 STATE AFFAIRS CONTINUED MAR 08 MONDAY 9:00 AM NO MEETING SCHEDULED MAR 10 WEDNESDAY 9:00 AM SB 6 ANNUITY PROGRAM AMENDMENTS <TELECONFERENCE ON ABOVE BILL> SB 128 LEGISLATIVE AUDITS MAR 12 FRIDAY 9:00 AM SB 1 RETIREMENT INCENTIVE PROGRAM SB 11 ANTI-STALKING LAW ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 MAR 02 TUESDAY 3:30 PM SCR 2 FEDERAL-AID HY FUNDING/DRUG ENFORCEMENT HJR 25 IMPLEMENTING ALEUTIAN TRADE ACT OF 1990 MAR 02 TUESDAY 5:00 PM JOINT MEETING WITH HOUSE TRANSPORTATION ALASKA RAILROAD ISSUES TELECONFERENCE MAR 04 THURSDAY 3:30 PM SB 130 APPROP: FAIRBANKS-NOME TRANS. CORRIDOR SB 131 TRANSPORTATION CORRIDOR: FAIRBANKS-NOME FINANCE SUBCOMMITTEES COMMUNITY & REGIONAL AFFAIRS FAHRENKAMP ROOM 203 MAR 02 TUESDAY 8:00 AM DIVISION OF ADMINISTRATION AND SUPPORT MAR 04 THURSDAY 8:00 AM MUNICIPAL AND REGIONAL ASSISTANCE ---------------------------------------- CORRECTIONS BELTZ ROOM 211 MAR 01 MONDAY 5:00 PM COMMUNITY CORRECTIONS 1993-02-26 Senate Journal Page 0528 FINANCE SUBCOMMITTEES CONTINUED CORRECTIONS MAR 04 THURSDAY 11:00 AM FY93 SUPPLEMENTAL ---------------------------------------- COURT SYSTEM SENATE FINANCE 518 MAR 03 WEDNESDAY 4:15 PM ALASKA JUDICIAL COUNCIL COMMISSION ON JUDICIAL CONDUCT ---------------------------------------- EDUCATION FAHRENKAMP ROOM 203 FEB 26 FRIDAY 3:30 PM ***NOTE DATE CORRECTION EXECUTIVE ADMINISTRATION, VOCATIONAL TECHNICAL CENTERS, MT. EDGECUMBE ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 518 MAR 01 MONDAY 1:30 PM SPILL PREVENTION AND RESPONSE (RESCHEDULED FROM 2/17) MAR 03 WEDNESDAY 1:30 PM OIL AND HAZARDOUS SPILL RESPONSE ---------------------------------------- HEALTH & SOCIAL SERVICES SENATE FINANCE 518 MAR 02 TUESDAY 3:30 PM DIVISION OF FAMILY AND YOUTH SERVICES DIVISION OF MENTAL HEALTH AND DEV. DISABILITIES MAR 09 TUESDAY 3:30 PM ADMINISTRATIVE SERVICES ALASKA MENTAL HEALTH BOARD GOVERNOR'S COUNCIL ON DISABILITIES AND SPECIAL EDUCATION ---------------------------------------- 1993-02-26 Senate Journal Page 0529 FINANCE SUBCOMMITTEES CONTINUED NATURAL RESOURCES SENATE FINANCE 518 MAR 02 TUESDAY 10:00 AM OIL AND GAS CONSERVATION COMMISSION MAR 04 THURSDAY 10:00 AM DIVISION OF WATER RECORDER'S OFFICE MAR 09 TUESDAY 10:00 AM DIVISION OF OIL AND GAS COMMISSIONS FAIRBANKS OFFICE BUILDING MAR 11 THURSDAY 10:00 AM DIVISION OF LAND MAR 16 TUESDAY 10:00 AM HOLDOVERS MAR 18 THURSDAY 10:00 AM HOLDOVERS ---------------------------------------- PUBLIC SAFETY SENATE FINANCE 518 MAR 04 THURSDAY 3:30 PM ALASKA STATE TROOPERS, VPSO'S MAR 11 THURSDAY 3:30 PM FIRE PREVENTION, HIGHWAY SAFETY PLANNING AGENCY, MOTOR VEHICLES, AK POLICE STANDARDS COUNCIL, VIOLENT CRIMES COMP BOARD, DOMESTIC VIOLENCE/ SEXUAL ASSAULT MAR 18 THURSDAY 3:30 PM CLOSEOUT MEETING ---------------------------------------- 1993-02-26 Senate Journal Page 0530 FINANCE SUBCOMMITTEES CONTINUED REVENUE FAHRENKAMP ROOM 203 MAR 03 WEDNESDAY 6:00 PM ADMINISTRATION AND SUPPORT ALASKA MUNICIPAL BOND BANK AUTHORITY ALASKA SCIENCE AND TECHNOLOGY FOUNDATION ALASKA PERMANENT FUND CORPORATION MAR 10 WEDNESDAY 6:00 PM SUBCOMMITTEE CLOSEOUT ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES SENATE FINANCE 518 MAR 04 THURSDAY 1:30 PM WORK SESSION ---------------------------------------- UNIVERSITY OF ALASKA BELTZ ROOM 211 MAR 03 WEDNESDAY 5:00 PM UNIVERSITY OF ALASKA, SOUTHEAST MAR 04 THURSDAY 5:00 PM UNIVERSITY OF ALASKA, ANCHORAGE MAR 10 WEDNESDAY 5:00 PM STATEWIDE SERVICES, CAPITAL BUDGET SPECIAL COMMITTEES SPECIAL COMMITTEE ON OIL AND GAS BUTROVICH ROOM 205 MAR 02 TUESDAY 1:30 PM JOINT MEETING WITH HOUSE OIL AND GAS ..PRESENTATION BY JULIAN DARLEY, PRESIDENT BP EXPLORATION (AK) MAR 09 TUESDAY 11:00 AM REPORT ON INSURANCE POOLING PER LETTER OF INTENT, CHAPTER 102, SLA 92 1993-02-26 Senate Journal Page 0531 JOINT COMMITTEES LEGISLATIVE BUDGET AND AUDIT HOUSE FINANCE 519 MAR 05 FRIDAY 12:00 PM CONSIDERATION OF RPL'S, PRELIMINARY SPECIAL AUDITS, AND RELEASE OF AUDITS OTHER COMMITTEES CHILDREN'S CAUCUS BUTROVICH ROOM 205 MAR 03 WEDNESDAY 12:00 PM CHILDREN-RELATED PROGRAMS DEPARTMENTAL BUDGETS WHICH AFFECT CHILDREN ---------------------------------------- STATE OF THE JUDICIARY HOUSE CHAMBER MAR 02 TUESDAY 11:00 AM SENATE AND HOUSE WILL MEET IN JOINT SESSION TO HEAR CHIEF JUSTICE OF THE SUPREME COURT, DANIEL A. MOORE, JR.