Legislature(1993 - 1994)
1993-03-09 Senate Journal
Full Journal pdf1993-03-09 Senate Journal Page 0685 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Tuesday March 9, 1993 Fifty-eighth 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 Salo was excused from a call of the Senate. The prayer was offered by the Chaplain, Pastor Johnny Reimer of the Auke Bay Bible Church. Senator Adams led the Senate in the pledge of allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journals for the fifty-fourth, fifty-fifth, fifty-sixth and fifty-seventh legislative days be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 94 Message of March 8 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 94(FIN) am S "An Act making a supplemental appropriation for costs of elections operations; and providing for an effective date." 685 1993-03-09 Senate Journal Page 0686 HB 94 Chapter 2, SLA 1993 Effective Date: 3/9/93 MESSAGES FROM THE HOUSE Message of March 8 was read stating: In accordance with AS 24.60.130(a)(3), the House ratified the following Public Members to the Select Committee on Legislative Ethics: Edith A. Vorderstrasse Shirley A. McCoy The House failed to ratify the following: Annie Laurie Howard Virginia M. Johnson The Senate confirmed Edith A. Vorderstrasse and Shirley A. McCoy on March 5 (pages 637-638). Message of March 8 was read stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 99 HOUSE BILL NO. 99 by the House Special Committee on Oil and Gas, entitled: "An Act repealing the 65-day time limit for approval or disapproval of a proposed oil discharge contingency plan by the Department of Environmental Conservation; and providing for an effective date." was read the first time and referred to the Judiciary Committee. 1993-03-09 Senate Journal Page 0687 COMMUNICATIONS Letter dated March 8 from Chief Justice Daniel A. Moore, Jr. was received nominating J. Alan Patterson in place of Annie Laurie Howard and Kay Klose in place of Virginia Johnson to serve on the Select Committee on Legislative Ethics. President Halford referred the appointments to the Judiciary Committee. The following Budget and Audit reports were received from Randy S. Welker, Legislative Auditor, in accordance with AS 24.20.311 and are on file in the Office of the Secretary of the Senate: Department of Labor, Employment Preference Enforcement Program, Funds Expended in FY 91 and FY 92, January 2, 1992 Department of Commerce and Economic Development, Alaska Tourism Marketing Council, January 21, 1992 Department of Corrections, Spring Creek Correctional Center Safety and Staffing Issues, March 17, 1992 Department of Corrections, Division of Community Corrections, Anchorage Adult Probation Office Intensive Supervision Surveillance Program, December 23, 1991 STANDING COMMITTEE REPORTS SCR 2 The Judiciary Committee considered SENATE CONCURRENT RESOLUTION NO. 2 Relating to certification of the Alaska State Legislature's opposition to requiring suspension of a driver's license for drug offenses. Signing do not pass: Senator Taylor, Chair, Senator Halford. Signing do pass: Senator Jacko. Signing no recommendation: Senator Little. Previous fiscal note. SENATE CONCURRENT RESOLUTION NO. 2 was referred to the Finance Committee. 1993-03-09 Senate Journal Page 0688 SB 19 Corrected fiscal note from the Senate Finance Committee for CS FOR SENATE BILL NO. 19(FIN) am "An Act relating to the crime of conspiracy" published today. SB 69 The Judiciary Committee considered SENATE BILL NO. 69 "An Act prohibiting employers from discriminating against individuals who use legal products in a legal manner outside of work" and recommended it be replaced with CS FOR SENATE BILL NO. 69(JUD) Signing no recommendation: Senator Taylor, Chair, Senators Donley, Jacko. Signing do not pass: Senators Little, Halford. Previous zero fiscal notes apply to the Committee Substitute. SENATE BILL NO. 69 was referred to the Rules Committee. SB 71 The Health, Education and Social Services Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71 "An Act relating to emergency medical services; and repealing obsolete references to the Statewide Health Coordinating Council and health systems agencies." Signing no recommendation: Senator Rieger, Chair, Senator Sharp. Signing do pass: Senators Duncan, Ellis, Leman. Fiscal note from Department of Health and Social Services and zero fiscal note from Department of Commerce and Economic Development published today. SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71 was referred to the Labor and Commerce Committee. 1993-03-09 Senate Journal Page 0689 SB 99 The Labor and Commerce Committee considered SENATE BILL NO. 99 "An Act relating to the improvement of state finances through reduction of operating costs of certain state agencies and establishment of certain fees; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 99(L&C), entitled: "An Act relating to the powers, duties, financial administration, and operations of certain state agencies, including the duration and renewal of licenses issued by the Alcoholic Beverage Control Board, duties of and fees charged by the office of public advocacy, student loan fees, compensation of hunting and fishing license vendors, Department of Labor fees and licensing periods, police standards fees, motor vehicle registration and insurance and the definition of `vehicle', program receipts accounting, risk management administration, receipt of donations and charging of fees by the Department of Natural Resources, coverage of persons under Medicaid, and revising the order of priority for coverage of optional medical services under Medicaid; amending Alaska Rule of Probate Procedure 16(d); and providing for an effective date." Signing no recommendation: Senator Kelly, Chair, Senators Rieger, Pearce. Signing do not pass: Senator Lincoln. Fiscal notes from Department of Health and Social Services (2), Department of Natural Resources, Department of Public Safety (2), Department of Labor (3), Department of Education (2) and zero fiscal notes from Department of Revenue, Department of Administration and Department of Labor published today. SENATE BILL NO. 99 was referred to the Judiciary Committee. 1993-03-09 Senate Journal Page 0690 SB 133 The Judiciary Committee considered SENATE BILL NO. 133 "An Act relating to the revocation of a person's driver's license, privilege to drive, or privilege to obtain a license; and providing for an effective date." Signing do pass: Senator Taylor, Chair, Senator Halford. Signing no recommendation: Senators Little, Jacko, Donley. Fiscal note published today from Department of Transportation and Public Facilities. SENATE BILL NO. 133 was referred to the Finance Committee. HB 114 The Health, Education and Social Services Committee considered HOUSE BILL NO. 114 (efd add) "An Act allowing the Board of Nursing to authorize an advanced nurse practitioner to dispense medical, therapeutic, and corrective measures; and providing for an effective date." Signing do pass: Senator Rieger, Chair, Senators Duncan, Ellis, Leman. Previous House zero fiscal note. HOUSE BILL NO. 114 (efd add) was referred to the Rules Committee. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 3 SENATE CONCURRENT RESOLUTION NO. 3 by Senators Duncan, Ellis, Donley, Relating to health care reform and recommendations of the Health Resources and Access Task Force. was read the first time and referred to the State Affairs, Health, Education and Social Services and Finance Committees. 1993-03-09 Senate Journal Page 0691 INTRODUCTION AND REFERENCE OF SENATE BILLS SB 153 SENATE BILL NO. 153 by Senator Taylor, entitled: "An Act relating to the exchange of certain fish for seafood products, custom processing of certain fish, and use of certain fish for charitable purposes." was read the first time and referred to the Resources and Finance Committees. SB 154 SENATE BILL NO. 154 by Senators Jacko, Halford, Pearce, Zharoff, Kelly, entitled: "An Act relating to the economic development grant program; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. CONSIDERATION OF THE CALENDAR THIRD READING OF SENATE BILLS SB 19 CS FOR SENATE BILL NO. 19(FIN) am "An Act relating to the crime of conspiracy" was read the third time. Senator Little moved and asked unanimous consent that CS FOR SENATE BILL NO. 19(FIN) am be returned to second reading for the purpose of a specific amendment, that being Amendment No. 8. Without objection, it was so ordered. 1993-03-09 Senate Journal Page 0692 SB 19 Senators Halford and Little offered Amendment No. 8 : Page 1, line 3: Delete "a new section" Insert "new sections" Page 3, following line 6: Insert a new section to read: "Sec. 11.31.125. DURATION OF CONSPIRACY FOR PURPOSES OF LIMITATIONS OF ACTIONS. (a) Solely for purposes of applying AS12.10 governing limitations of actions, in a prosecution under AS11.31.120 a conspiracy terminates (1) when all the crimes that are serious felony offenses that are its objects are completed; or (2) if all of the crimes that are its objects are not completed, when the last overt act in furtherance of the conspiracy is done by the defendant or any of the other coconspirators. (b) In this section, "overt act in furtherance of the conspiracy" has the meaning given in AS11.31.120." Senator Little moved and asked unanimous consent that Amendment No. 8 be adopted. Without objection, Amendment No. 8 was adopted. CS FOR SENATE BILL NO. 19(FIN) am was automatically in third reading. Senator Kerttula moved and asked unanimous consent that the bill be returned to second reading for the purpose of a rescinding action. Without objection, it was so ordered. 1993-03-09 Senate Journal Page 0693 SB 19 Senator Little moved that the Senate rescind its previous action in failing to adopt Amendment No. 5 (page 664). Senator Kerttula asked unanimous consent. Senator Taylor objected, then withdrew his objection. There being no further objections, the Senate rescinded its previous action. Senator Little moved that Amendment No. 5 be adopted. Senator Taylor objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSSB 19(FIN) AM Second Reading Amendment No. 5 YEAS: 6 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Lincoln, Little, Zharoff Nays: Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Excused: Salo and so, Amendment No. 5 failed. CS FOR SENATE BILL NO. 19(FIN) am was automatically in third reading. Senator Taylor moved and asked unanimous consent that the Finance Committee Letter of Intent (page 611) be adopted. Without objection, the Senate Letter of Intent was adopted. The question being: CS FOR SENATE BILL NO. 19(FIN) am "An Act relating to the crime of conspiracy" pass the Senate?" The roll was taken with the following result: 1993-03-09 Senate Journal Page 0694 SB 19 CSSB 19(FIN) AM Third Reading - Final Passage YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Ellis, Lincoln, Little, Zharoff Excused: Salo and so, CS FOR SENATE BILL NO. 19(FIN) am passed the Senate with a Senate Letter of Intent. Senator Adams gave notice of reconsideration. CITATIONS In Memoriam - Edna Mothershead by Senators Kerttula, Donley, Lincoln, Duncan 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. UNFINISHED BUSINESS Senator Little moved and asked unanimous consent that she be excused from a call of the Senate from evening plane time, March 12 through evening plane time, March 14. Without objection, Senator Little was excused. Senator Kerttula moved and asked unanimous consent that he be excused from a call of the Senate April 3 - 7. Without objection, Senator Kerttula was excused. 1993-03-09 Senate Journal Page 0695 HB 114 Senators Rieger, Kelly, Taylor, Donley, Leman moved and asked unanimous consent that they be shown as cross sponsors on HOUSE BILL NO. 114 (efd add) "An Act allowing the Board of Nursing to authorize an advanced nurse practitioner to dispense medical, therapeutic, and corrective measures; and providing for an effective date." Without objection, it was so ordered. Senator Pearce moved and asked unanimous consent that she be allowed to change her excused time from evening plane time, March 24 to evening plane time, March 25 and that she be excused from a call of the Senate from 5:00 p.m., March 23 to morning plane time, March 24. Without objection, Senator Pearce was excused. Senator Ellis moved and asked unanimous consent that he be excused from a call of the Senate from evening plane time, March 12 through morning plane time, March 15. Without objection, Senator Ellis was excused. Senator Duncan moved and asked unanimous consent that he be excused from a call of the Senate from evening plane time, March 12. Without objection, Senator Duncan was excused. Senator Miller moved and asked unanimous consent that he be excused from a call of the Senate from evening plane time, March 12 through morning plane time, March 15. Without objection, Senator Miller was excused. SB 95 President Halford added a Finance Committee referral to SENATE BILL NO. 95 "An Act relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; and providing for an effective date." SENATE BILL NO. 95 was referred to the Community and Regional Affairs, Labor and Commerce, Judiciary and Finance Committees. 1993-03-09 Senate Journal Page 0696 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 10, 1993. Without objection, the Senate adjourned at 12:17 p.m. Nancy Quinto Secretary of the Senate March 1993 1993-03-09 Senate Journal Page 0697 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 MAR 09 TUESDAY 9:00 AM HB 73 ANCSA STATE TAX EXEMPTIONS SB 42 LOCAL SALES TAX ON ALCOHOLIC BEVERAGES SB 88 CAPITAL PROJECT GRANTS SB 95 MULTIPLE PERMITTEE GAMING; PRIZE AMOUNTS SB 102 MUNICIPAL PROPERTY TAX EXEMPTIONS SB 89 APPROP: CAPITAL PROJECT MATCHING GRANTS MAR 11 THURSDAY 9:00 AM BILLS PREVIOUSLY HEARD ---------------------------------------- FINANCE SENATE FINANCE 518 MAR 10 WEDNESDAY 9:00 AM SB 100 APPROP: SUPPL. & SPECIAL FOR FY 93 BILLS PREVIOUSLY HEARD MAR 12 FRIDAY 9:00 AM SB 88 CAPITAL PROJECT GRANTS <PENDING REFERRAL> SB 89 APPROP: CAPITAL PROJECT MATCHING GRANTS <PENDING REFERRAL> BILLS PREVIOUSLY HEARD ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 10 WEDNESDAY 1:30 PM TELECONFERENCE SB 101 ELIGIBILITY FOR PUBLIC ASSISTANCE BILLS PREVIOUSLY HEARD MAR 12 FRIDAY 1:30 PM BILLS PREVIOUSLY HEARD SB 79 BOARDS/COMMISSIONS/COUNCILS/AUTHORITIES MAR 15 MONDAY 1:30 PM BILLS PREVIOUSLY HEARD ---------------------------------------- 1993-03-09 Senate Journal Page 0698 JUDICIARY BELTZ ROOM 211 MAR 10 WEDNESDAY 1:30 PM SJR 9 DESECRATION OF U.S. FLAG <TELECONFERENCE ON ABOVE BILL TO KETCHIKAN, KENAI AND KODIAK> SB 105 MOTOR VEHICLE DEALERS & BUYERS' AGENTS HB 90 1993 REVISOR'S BILL HJR 21 IN MEMORIAM THURGOOD MARSHALL MAR 12 FRIDAY 1:30 PM SB 97 ENHANCED 911 SYSTEMS SB 58 PHASE OUT LONGEVITY BONUS BILLS PREVIOUSLY HEARD SB 67 MENTAL HEALTH TRUST AMENDMENTS SB 86 FUND TRANSFERS UNDER THE UCC ABOVE BILL REMOVED FROM AGENDA MAR 12 FRIDAY 3:30 PM JOINT WITH HOUSE JUDICIARY -- CAPITOL ROOM 124 CONFIRMATION HEARINGS ..SELECT COMMITTEE ON LEGISLATIVE ETHICS PUBLIC MEMBERS ---------------------------------------- LABOR & COMMERCE FAHRENKAMP ROOM 203 MAR 09 TUESDAY 1:30 PM SB 141 WORKERS' COMP FOR WORK-STUDY STUDENTS SB 117 APPROP: CONTRACT SETTLEMENT COSTS SB 87 EXTEND ALASKA PUBLIC UTILITIES COMMISSION BILLS PREVIOUSLY HEARD MAR 11 THURSDAY 1:30 PM SB 124 ALASKA ENERGY AUTH POWERS & FINANCES SB 125 APPROP: ENERGY AUTHORITY REVOLVING FUND BILLS PREVIOUSLY HEARD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAR 10 WEDNESDAY 3:30 PM CONFIRMATION HEARINGS ..BOARD OF GAME: ROGER HUNTINGTON, ERNEST E. POLLEY, ANNE K. RUGGLES, JACK DIDRICKSON ..WATER & WASTEWATER WORKS ADVISORY BOARD 1993-03-09 Senate Journal Page 0699 RESOURCES CONTINUED MAR 12 FRIDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAR 09 TUESDAY 12:15 PM HB 114 DRUG DISPENSING:ADV. NURSE PRACTITIONERS SB 43 GRANTS TO TRANSPLANT ELK SB 46 AUTHORIZE MOOSE FARMING SB 69 RIGHT TO USE LAWFUL PRODUCTS SB 77 INTENSIVE MANAGEMENT OF GAME RESOURCES ---------------------------------------- STATE AFFAIRS BUTROVICH ROOM 205 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 09 TUESDAY 3:30 PM NO MEETING SCHEDULED MAR 11 THURSDAY 3:30 PM SB 148 ALASKA RAILROAD CORPORATION <UNIFORM RULE 23 WAIVED> BILLS PREVIOUSLY HEARD BEFORE COMMITTEE FINANCE SUBCOMMITTEES HEALTH & SOCIAL SERVICES SENATE FINANCE 518 MAR 09 TUESDAY 3:30 PM ADMINISTRATIVE SERVICES CONTINUED DISCUSSION ON DIVISIONS OF PUBLIC HEALTH AND MEDICAL ASSISTANCE 1993-03-09 Senate Journal Page 0700 FINANCE SUBCOMMITTEES CONTINUED HEALTH & SOCIAL SERVICES MAR 16 TUESDAY 3:30 PM AK MENTAL HEALTH BOARD; GOVERNOR'S COUNCIL ON DISABILITIES AND SPECIAL EDUCATION; API AND HARBORVIEW ---------------------------------------- NATURAL RESOURCES SENATE FINANCE 518 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 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 ---------------------------------------- REVENUE FAHRENKAMP ROOM 203 MAR 10 WEDNESDAY 6:00 PM SUBCOMMITTEE CLOSEOUT ---------------------------------------- 1993-03-09 Senate Journal Page 0701 FINANCE SUBCOMMITTEES CONTINUED UNIVERSITY OF ALASKA BELTZ ROOM 211 MAR 10 WEDNESDAY 5:00 PM UNIVERSITY OF ALASKA, SOUTHEAST; STATEWIDE SERVICES; CAPITAL BUDGET SPECIAL COMMITTEES SPECIAL COMMITTEE ON OIL AND GAS BUTROVICH ROOM 205 MAR 09 TUESDAY 0:00 AM ********CANCELLED*********** REPORT ON INSURANCE POOLING PER LETTER OF INTENT, CHAPTER 102, SLA 92 JOINT COMMITTEES LEGISLATIVE BUDGET AND AUDIT HOUSE FINANCE 519 MAR 12 FRIDAY 12:00 PM EXXON SETTLEMENT MONIES OTHER COMMITTEES ANCHORAGE CAUCUS SENATE FINANCE 518 MAR 11 THURSDAY 12:00 PM ANCHORAGE CAUCUS ---------------------------------------- COMMITTEE ON COMMITTEES BUTROVICH ROOM 205 MAR 09 TUESDAY 4:30 PM COMMITTEE ON COMMITTEES ---------------------------------------- MINORITY CAUCUS CAPITOL ROOM 9 MAR 09 TUESDAY 1:30 PM MINORITY CAUCUS ---------------------------------------- 1993-03-09 Senate Journal Page 0702 SENATE SESSION SCHEDULE SENATE CHAMBER MAR 12 FRIDAY 11:00 AM SENATE WILL BE IN SESSION MONDAY THROUGH FRIDAY THE WEEK OF MARCH 8 THROUGH MARCH 12 ---------------------------------------- ECONOMIC TASK FORCE MAR 13 SATURDAY 9:00 AM *****PLEASE NOTE DATE CORRECTION--SATURDAY, 3/13 JOINT WITH HOUSE ECONOMIC TASK FORCE ...ONE-DAY ECONOMIC MINISUMMIT