Legislature(1993 - 1994)
1993-03-24 Senate Journal
Full Journal pdf1993-03-24 Senate Journal Page 0923 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Wednesday March 24, 1993 Seventy-third Day Pursuant to adjournment the Senate was called to order by President Halford at 10:13 a.m. The roll showed fourteen members present. Senators Donley, Duncan, Jacko, Lincoln, Rieger, Zharoff were absent. The prayer was offered by the Chaplain, Pastor David Horn, Faith Lutheran Church. Senator Leman led the Senate in the pledge of allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the seventy-second legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senators Donley, Duncan, Jacko, Lincoln, Rieger was noted. MESSAGES FROM THE GOVERNOR Letter of March 23 was read, stating in accordance with AS 39.05.080 and Article III Section 19, of the Alaska Constitution, I submit the following names for legislative confirmation of appointment to the positions noted: Board of Education Stowell R. Johnstone - Anchorage Appointed 03/22/93 Expires 01/31/98 923 1993-03-24 Senate Journal Page 0924 The appointment was referred to Health, Education and Social Services Committee. Board of Psychologist and Psychological Associate Examiners Bruno M. Kappes, PhD - Anchorage Appointed 03/22/93 Expires 07/01/94 The appointment was referred to the Labor and Commerce Committee. The resumes for these appointments have been submitted to the Offices of the Senate Secretary and the Chief Clerk. STANDING COMMITTEE REPORTS SB 92 The Community and Regional Affairs Committee considered SENATE BILL NO. 92 "An Act relating to an advisory vote during regional educational attendance area school board elections; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 92(CRA) Signing do pass: Senator Phillips, Chair, Senators Adams, Zharoff, Leman. Signing no recommendation: Senator Taylor. Fiscal note for SENATE BILL NO. 92 and the Committee Substitute published today from Office of the Governor. Zero fiscal note for SENATE BILL NO. 92 and the Committee Substitute published today from Department of Education. SENATE BILL NO. 92 was referred to the Health, Education and Social Services Committee. SB 155 The State Affairs Committee considered SENATE BILL NO. 155 "An Act relating to landlords and tenants, to termination of tenancies and recovery of rental premises, to tenant responsibilities, to the civil remedies of forcible entry and detainer and nuisance abatement, and 1993-03-24 Senate Journal Page 0925 SB 155 to the duties of peace officers to notify landlords of arrests involving certain illegal activity on rental premises." Signing do pass: Senator Leman, Chair, Senators Taylor, Miller. Fiscal notes published today from Department of Public Safety and Department of Law. SENATE BILL NO. 155 was referred to the Judiciary Committee. SB 156 The Community and Regional Affairs Committee considered SENATE BILL NO. 156 "An Act amending the definition of `municipality' for purposes of the human services community matching grant program." Signing do pass: Senator Phillips, Chair, Senators Leman, Taylor. Signing no recommendation: Senators Adams, Zharoff. Zero fiscal notes published today from Department of Health and Social Services and Department of Community and Regional Affairs. SENATE BILL NO. 156 was referred to the Health, Education and Social Services Committee. SB 162 The Labor and Commerce Committee considered SENATE BILL NO. 162 "An Act relating to the implementation of the federal emergency unemployment compensation program; making changes relating to unemployment compensation under the extended benefits program and the supplemental state benefits program; and providing for an effective date." Signing do pass: Senator Kelly, Chair, Senators Rieger, Sharp, Salo. Previous zero fiscal note. SENATE BILL NO. 162 was referred to the Finance Committee. SB 171 The Labor and Commerce Committee considered SENATE BILL NO. 171 "An Act relating to the contracting and financing authority of the Alaska Industrial Development and Export Authority, giving approval of the issuance of the authority's revenue bonds, and 1993-03-24 Senate Journal Page 0926 SB 171 delaying the termination date of the authority's business assistance program; and providing for an effective date." Signing do pass: Senator Kelly, Chair. Signing do pass with additional info: Senator Sharp. Signing no recommendation: Senators Rieger, Salo. Zero fiscal note published today from Department of Commerce and Economic Development. SENATE BILL NO. 171 was referred to the Finance Committee. HJR 28 The Transportation Committee considered HOUSE JOINT RESOLUTION NO. 28 Supporting increased access near Mt. McKinley through establishment of a visitor activity area at Kantishna. Signing do pass: Senator Sharp, Chair, Senator Kelly. Signing do not pass: Senator Phillips. Signing no recommendation: Senators Lincoln, Kerttula. Previous House zero fiscal note. HOUSE JOINT RESOLUTION NO. 28 was referred to the Resources Committee. SB 122 The Rules Committee considered SENATE BILL NO. 122 "An Act relating to the disclosure of information by an employer about the job performance of an employee or former employee." Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger. Signing no recommendation: Senator Little. SENATE BILL NO. 122 is on today's calendar. SB 154 The Rules Committee considered SENATE BILL NO. 154 "An Act relating to the economic development grant program; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger. Signing no recommendation: Senator Little. SENATE BILL NO. 154 is on today's calendar. 1993-03-24 Senate Journal Page 0927 INTRODUCTION AND REFERENCE OF SENATE BILLS SB 172 SENATE BILL NO. 172 by the Senate Judiciary Committee, entitled: "An Act relating to the awarding of attorney fees and costs in civil actions to effectuate or vindicate a public policy of the state; and amending Alaska Rules of Civil Procedure 79 and 82." was read the first time and referred to the Resources and Judiciary Committees. The presence of Senator Zharoff was noted. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 122 SENATE BILL NO. 122 "An Act relating to the disclosure of information by an employer about the job performance of an employee or former employee" was read the second time. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 122 be considered engrossed, advanced to third reading and placed on final passage. Senator Adams objected. The question being: "Shall SENATE BILL NO. 122 be advanced to third reading?" The roll was taken with the following result: SB 122 Advance from Second to Third Reading? YEAS: 11 NAYS: 8 EXCUSED: 0 ABSENT: 1 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor 1993-03-24 Senate Journal Page 0928 SB 122 Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Zharoff Absent: Salo and so, SENATE BILL NO. 122 failed to be advanced to third reading. SB 154 SENATE BILL NO. 154 "An Act relating to the economic development grant program; and providing for an effective date" was read the second time. Senator Kelly moved and asked unanimous consent for the adoption of the Labor and Commerce Committee Substitute offered on page 876. Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 154(L&C) was adopted. CS FOR SENATE BILL NO. 154(L&C) was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 154(L&C) be considered engrossed, advanced to third reading and placed on final passage. Senator Adams objected. The question being: "Shall CS FOR SENATE BILL NO. 154(L&C) be advanced to third reading?" The roll was taken with the following result: CSSB 154(L&C) Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor 1993-03-24 Senate Journal Page 0929 SB 154 Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, CS FOR SENATE BILL NO. 154(L&C) failed to be advanced to third reading. THIRD READING OF SENATE BILLS SB 71 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71(FIN) "An Act relating to emergency medical services; and repealing obsolete references to the Statewide Health Coordinating Council and health systems agencies" was read the third time. Senator Adams moved and asked unanimous consent that CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71(FIN) be returned to second reading for a specific amendment, that being Amendment No. 1. Senator Taylor objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. Senators Adams, Leman offered Amendment No. 1 : Page 8, line 19: Delete "A" Insert "When requested for the purpose of evaluating the performance of an emergency medical technician, mobile intensive care paramedic, or physician who provided emergency medical care or other assistance to a sick or injured person, a" Page 8, line 20: Delete "or other health care provider" Insert ", advanced nurse practitioner, or physician assistant" Page 8, line 21: Delete "another" 1993-03-24 Senate Journal Page 0930 SB 71 Page 8, lines 23 - 25: Delete "for the purpose of promoting the medical education of the specific person who provided the care or assistance" Insert ". However, the disclosing physician, nurse practitioner, or physician assistant shall limit disclosure under this subsection to the records that are considered necessary by the discloser for evaluation of the paramedic's, technician's, or physician's performance in providing the emergency medical care or assistance" Senator Adams moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71(FIN) am was automatically in third reading. The question being: "Shall CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71(FIN) am "An Act relating to emergency medical services; and repealing obsolete references to the Statewide Health Coordinating Council and health systems agencies" pass the Senate?" The roll was taken. President Halford requested the Senate Secretary to void the vote as the voting board was incorrect. Senator Taylor moved and asked unanimous consent that the Letter of Intent offered on page 895 be adopted. Without objection, the Senate Letter of Intent was adopted. The question being: "Shall CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71(FIN) am "An Act relating to emergency medical services; and repealing obsolete references to the Statewide Health Coordinating Council and health systems agencies" pass the Senate?" The roll was taken with the following result: 1993-03-24 Senate Journal Page 0931 SB 71 CS SSSB 71(FIN) am Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71(FIN) am passed the Senate with a Senate Letter of Intent. CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71(FIN) am was referred to the Secretary for engrossment. CITATIONS Honoring - Homer Emblem Club Drill Team, 1992 National Champions by Representative(s) Phillips Senator(s) Kerttula, Duncan, Donley, Zharoff, Little, Leman, Pearce In Memoriam - Frank Belts by Senator(s) Salo, Kerttula, Duncan, Zharoff, Lincoln, Halford, Donley, Frank, Miller Representative(s) Davies, Sitton, Brice In Memoriam - Gren Collins by Representative(s) Bunde Senator(s) Kerttula, Halford, Donley, Rieger 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. 1993-03-24 Senate Journal Page 0932 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 and be taken up at this time. Without objection, it was so ordered. SPECIAL ORDER OF BUSINESS Honoring - Village Public Safety Officers Program Graduates by Senator(s) Zharoff, Lincoln, Jacko, Kelly, Adams, Halford, Leman, Pearce, Duncan, Donley, Little 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 SB 40 Senator Kelly, Chair, moved and asked unanimous consent that the Labor and Commerce Committee referral be waived on SENATE BILL NO. 40 "An Act relating to health insurance for small employers; and providing for an effective date." Senator Duncan objected. The question being: Shall the Labor and Commerce Committee referral be waived on SENATE BILL NO. 40?" The roll was taken with the following result: Waive SB 40 from L&C Committee? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, SENATE BILL NO. 40 was waived from the Labor and Commerce Committee. 1993-03-24 Senate Journal Page 0933 SB 40 SENATE BILL NO. 40 was referred to the Finance Committee. SB 71 Senator Lincoln moved and asked unanimous consent that she be shown as a cosponsor on CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71(FIN) am "An Act relating to emergency medical services; and repealing obsolete references to the Statewide Health Coordinating Council and health systems agencies." Without objection, it was so ordered. Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate from morning plane time March 26 to evening plane time March 26. Without objection, Senator Lincoln was excused. SB 19 Senator Leman moved and asked unanimous consent that he be shown as a cosponsor on CS FOR SENATE BILL NO. 19(FIN) am "An Act relating to the crime of conspiracy." President Halford stated the bill is in the possession of the other body but could be cosponsored when the bill is returned to the Senate. SJR 13 Senator Donley moved and asked unanimous consent that he be shown as a cosponsor on SENATE JOINT RESOLUTION NO. 13 Requesting the Congress of the United States to pass legislation to permit the export of Alaska crude oil. Without objection, it was so ordered. 1993-03-24 Senate Journal Page 0934 SB 122 Senators Frank, Taylor, Kelly, Rieger, Miller, Pearce, Donley moved and asked unanimous consent that they be shown as cosponsors on SENATE BILL NO. 122 "An Act relating to the disclosure of information by an employer about the job performance of an employee or former employee." Without objection, it was so ordered. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 71 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71(FIN) am "An Act relating to emergency medical services; and repealing obsolete references to the Statewide Health Coordinating Council and health systems agencies" was engrossed, signed by the President and Secretary and transmitted to the House for consideration with a Senate Letter of Intent. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 25, 1993. Without objection, the Senate adjourned at 11:34 a.m. Nancy Quinto Secretary of the Senate March 1993 1993-03-24 Senate Journal Page 0935 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 MAR 25 THURSDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 518 MAR 25 THURSDAY 9:00 AM SB 85 TOURISM MARKETING COUNCIL SB 42 LOCAL SALES TAX ON ALCOHOLIC BEVERAGES BILLS PREVIOUSLY HEARD ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 24 WEDNESDAY 1:30 PM BILLS PREVIOUSLY HEARD SB 5 MEDICAID FOR CERTAIN DISABLED CHILDREN MAR 26 FRIDAY 1:30 PM NO MEETING SCHEDULED MAR 29 MONDAY 1:30 PM BILLS PREVIOUSLY SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAR 24 WEDNESDAY 1:30 PM SB 67 MENTAL HEALTH TRUST AMENDMENTS <TELECONFERENCE ON ABOVE BILL> BILLS PREVIOUSLY HEARD HB 64 ANTI-STALKING LAW SB 152 WEIGHTS & MEASURES: INSPECTIONS/CITATIONS 1993-03-24 Senate Journal Page 0936 JUDICIARY CONTINUED MAR 24 WEDNESDAY 3:30 PM ***NOTE TIME AND LOCATION CHANGE TO CAPITOL 120 JOINT WITH HOUSE JUDICIARY CONFIRMATION HEARING: ..SELECT COMMITTEE ON LEGISLATIVE ETHICS ...DR. JEFF S. ANDERSON ...JOSEPH P. DONAHUE MAR 26 FRIDAY 1:30 PM TELECONFERENCE SB 44 CIVIL LIABILITY FOR SKIING ACCIDENTS SB 51 WORK CAMPS FOR JUVENILE OFFENDERS SB 58 PHASE OUT LONGEVITY BONUS BILLS PREVIOUSLY HEARD MAR 29 MONDAY 1:30 PM HB 99 REPEAL 65-DAY DEADLINE: OIL SPILL PLANS BILLS PREVIOUSLY HEARD ---------------------------------------- LABOR & COMMERCE FAHRENKAMP ROOM 203 MAR 25 THURSDAY 1:30 PM SB 79 BOARDS/COMMISSIONS/COUNCILS/AUTHORITIES CONFIRMATIONS BILLS PREVIOUSLY HEARD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAR 24 WEDNESDAY 3:30 PM SB 165 APPROP: ALYESKA SETTLEMENT FUND SB 159 LIMIT ADMINISTRATIVE LAND CLOSURES SB 153 EXCHANGE OF RAW FISH FOR SEAFOOD PRODUCT MAR 25 THURSDAY 3:30 PM **RESOURCES SUBCOMMITTEE WORK SESSION SB 103 AIR QUALITY CONTROL PROGRAM MAR 26 FRIDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- 1993-03-24 Senate Journal Page 0937 RULES FAHRENKAMP ROOM 203 MAR 24 WEDNESDAY 11:50 AM RULES WILL MEET ON ADJOURNMENT ---------------------------------------- STATE AFFAIRS BUTROVICH ROOM 205 MAR 24 WEDNESDAY 9:00 AM SB 155 USE OF RENTED PROPERTY/LAW VIOLATIONS <TELECONFERENCE ON ABOVE BILL> SB 158 REDUCING EXEMPTION AMOUNTS MAR 26 FRIDAY 9:00 AM NO MEETING SCHEDULED MAR 29 MONDAY 9:00 AM NO MEETING SCHEDULED MAR 31 WEDNESDAY 9:00 AM SB 33 GRANTS FOR LOCAL EMERGENCY PLANNING SB 161 INTEREST RATES: JUDGMENTS/TAXES/ROYALTIES **CONFIRMATION HEARING ALASKA NATIONAL GUARD; BRIGADIER GENERAL SIGURD E. MURPHY, JR. BILLS PREVIOUSLY HEARD APR 02 FRIDAY 9:00 AM BILLS PREVIOUSLY HEARD ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 MAR 25 THURSDAY 3:30 PM NO MEETING SCHEDULED SPECIAL COMMITTEES SPECIAL COMMITTEE ON OIL AND GAS BUTROVICH ROOM 205 MAR 25 THURSDAY 5:00 PM **NOTE LOCATION CHANGE TO FAHRENKAMP ROOM BILLS PREVIOUSLY HEARD REPORT ON INSURANCE POOLING PER LETTER OF INTENT CHAPTER 102, SLA 92 TELECONFERENCE TO ANCHORAGE & FAIRBANKS LIO'S 1993-03-24 Senate Journal Page 0938 JOINT COMMITTEES SELECT CMTE ON LEGISLATIVE ETHICS BUTROVICH ROOM 205 MAR 25 THURSDAY 1:00 PM ORGANIZATIONAL MEETING FOR LEGISLATIVE AND PUBLIC MEMBERS ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH ROOM 205 MAR 26 FRIDAY 12:00 PM LEGISLATIVE COUNCIL OTHER COMMITTEES ANCHORAGE CAUCUS SENATE FINANCE 518 MAR 25 THURSDAY 12:00 PM ANCHORAGE CAUCUS ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM 205 MAR 24 WEDNESDAY 12:00 PM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 MAR 24 WEDNESDAY 12:00 PM MINORITY CAUCUS ---------------------------------------- LEGISLATOR ID CARD PHOTOGRAPHS FAHRENKAMP ROOM 203 MAR 24 WEDNESDAY 9:00 AM PUBLIC SAFETY WILL TAKE PICTURES FOR THE LEGISLATOR ID CARDS ON TUESDAY, 3/23 AND WEDNESDAY 3/24. IF PHOTOS ARE NOT TAKEN ON THOSE DAYS THEY MAY BE OBTAINED BY GOING TO THE DIVISION OF MOTOR VEHICLE OFFICE AT MILE 11, GLACIER HIGHWAY.