Legislature(1993 - 1994)

1994-01-19 Senate Journal

Full Journal pdf

1994-01-19                     Senate Journal                      Page 2541
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    EIGHTEENTH LEGISLATURE - SECOND SESSION                    
                                                                               
                                                                               
Juneau, Alaska                     Wednesday          January 19, 1994         
                                                                               
                                   Tenth 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 Kelly was                   
absent.                                                                        
                                                                               
The prayer was offered by the Chaplain, the Reverend Dr. Palmer                
Gedde of the Resurrection Lutheran Church.   Senator Lincoln                   
moved and asked unanimous consent that the prayer be spread.                   
Without objection, it was so ordered.                                          
                                                                               
Father, Son, and Holy Spirit, how great is Your                               
power, and wisdom, and goodness.  We worship                                   
and glorify Your Name now and always.                                          
                                                                               
In a time when everyone seems to be so concerned                              
for political correctness, I pray that You will give                           
this people gathered here an even greater concern                              
for the correctness of their own character and                                 
motives.  Enable them to fight for that which is                               
noble and right.  Give them the courage to take                                
positions on issues that are pleasing to You because                           
they serve Your children.                                                      
                                                                               
Make them always mindful of both their enormous                               
power to affect lives and their responsibility to                              
enhance life.  Even as they govern us, I pray that                             
You would govern them.                                                         
                                                                               
                                                                               
                                      2541                                     

1994-01-19                     Senate Journal                      Page 2542
Cause Your precious and eternal Word to be always                             
and ever in their hearts that the deliberations they                           
make might be pleasing in Your sight.  I pray this                             
in the strong and holy Name of Jesus Christ, our                               
living Lord and Saviour.                    Amen.                              
                                                                               
Senator Pearce led the Senate in the pledge of allegiance.                     
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journal              
for the ninth legislative day be approved as certified.  Without               
objection, it was so ordered.                                                  
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports were received and are on file in the Office of           
the Secretary of the Senate:                                                   
                                                                               
State of Alaska Monetary Terms of the Collective Bargaining                    
Agreements                                                                     
from Nancy Bear Usera, Commissioner                                            
Department of Administration                                                   
in accordance with AS 23.40.215:                                               
                                                                               
Alyeska Central Study Education Association                                   
                                                                               
Alaska Vocational Technical Center Teachers                                   
	Association                                                                   
                                                                               
Marine Engineer's Beneficial Association                                      
                                                                               
President Halford referred the reports to the Finance Committee.               
                                                                               
The Alaska Local Boundary Commission Report was received today                 
in accordance with AS 44.47.567 and Article X, Section 12 of the               
Alaska Constitution and will be in Senate and House Joint Journal              
Supplement No. 13.                                                             
                                                                               
President Halford referred the report to the Community and Regional            
Affairs Committee.                                                             

1994-01-19                     Senate Journal                      Page 2543
Alaska Industrial Development and Export Authority's Statement of              
Financial Condition                                                            
from William R. Snell, Executive Director                                      
in accordance with AS 44.88.205                                                
                                                                               
Alaska Public Utilities Commission Annual Report for Fiscal Year               
1993                                                                           
from Don Schroer, Chairman                                                     
in accordance with AS 42.05.211                                                
                                                                               
Alaska Commercial Fishing and Agriculture Bank 1993 Annual                     
Report                                                                         
form A.W. "Bill" Hall, Business Development Officer                            
in accordance with AS 44.81.200                                                
(Distributed to all Senators)                                                  
                                                                               
                          STANDING COMMITTEE REPORTS                         
                                                                               
SB 206                                                                        
The Labor and Commerce Committee considered SENATE BILL                       
NO. 206 "An Act relating to real property transfers" and                       
recommended it be replaced with                                                
                                                                               
CS FOR SENATE BILL NO. 206 (L&C)                                              
                                                                               
Signing do pass: Senator Kelly, Chair, Senators Sharp, Rieger.                 
Signing no recommendation: Senators Lincoln, Salo.                             
                                                                               
Zero fiscal note for the bill and the committee substitute published           
today from Senate Labor and Commerce Committee.                                
                                                                               
SENATE BILL NO. 206 was referred to the Judiciary Committee.                   
                                                                               
                         INTRODUCTION AND REFERENCE OF                        
                              SENATE RESOLUTIONS                              
                                                                               
SJR 40                                                                       
SENATE JOINT RESOLUTION NO. 40 BY SENATORS PEARCE,                             
Leman,                                                                         
                                                                               
                                                                               

1994-01-19                     Senate Journal                      Page 2544
SJR 40                                                                       
Urging the Congress to amend the Oil Pollution Act                            
of 1990 with respect to the financial responsibility                           
requirements for offshore exploration and production                           
facilities.                                                                    
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
                  INTRODUCTION AND REFERENCE OF SENATE BILLS                 
                                                                               
SB 256                                                                       
SENATE BILL NO. 256 BY THE SENATE TRANSPORTATION                               
COMMITTEE, entitled:                                                           
                                                                               
"An Act increasing the tax on transfers and                                   
consumption of aviation fuel."                                                 
                                                                               
was read the first time and referred to the Transportation, Judiciary          
and Finance Committees.                                                        
                                                                               
                                                                               
SB 257                                                                       
SENATE BILL NO. 257 BY SENATOR DONLEY, entitled:                               
                                                                               
"An Act relating to legislative per diem; and                                 
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Judiciary, State Affairs           
and Finance Committees.                                                        
                                                                               
                                                                               

1994-01-19                     Senate Journal                      Page 2545
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                                  CITATIONS                                  
                                                                               
Honoring - Emily Ransom, Class 1A-2A-3A Cross Country State                    
Championship                                                                   
by Representative(s) G. Davis                                                  
Senator(s) Little, Pearce, Duncan, Zharoff, Leman, Kerttula                    
                                                                               
Honoring - The Alaska Goldpanners of Fairbanks, 30th Anniversary               
by Representative(s) Brice                                                     
Senator(s) Sharp, Frank, Miller, Donley, Duncan, Zharoff, Kelly,               
Lincoln, Kerttula, Pearce, Halford                                             
                                                                               
Honoring - The Fairbanks Red Hackle Pipe Band, 20th Anniversary                
by Representative(s) Brice                                                     
Senator(s) Sharp, Frank, Miller, Pearce, Duncan, Zharoff                       
                                                                               
In Memoriam - Donald F. Wood                                                   
by Representative(s) Sitton, James, Brice, Davies                              
Senator(s) Sharp, Frank, Miller, Duncan, Lincoln, Pearce, Halford              
                                                                               
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                             
                                                                               
HB 109                                                                       
Senator Little requested that the reconsideration on CS FOR HOUSE              
BILL NO. 109(JUD) am S be taken up at this time.                               
                                                                               
                         HOUSE BILLS IN THIRD READING                        
                                                                               
HB 109                                                                       
CS FOR HOUSE BILL NO. 109(JUD) am S "An Act relating to                        
blood tests for persons charged with sex offenses; and providing for           
an effective date" was before the Senate in third reading on                   
reconsideration.                                                               
                                                                               
                                                                               

1994-01-19                     Senate Journal                      Page 2546
HB 109                                                                       
Senator Little moved that CS FOR HOUSE BILL NO. 109(JUD) am                    
S be returned to second reading for the purpose of a specific                  
amendment, that being Amendment No. 4.  Senator Taylor objected,               
then withdrew his objection.  There being no further objections, it            
was so ordered.                                                                
                                                                               
Senators Little, Kerttula offered Amendment No. 4 :                             
                                                                               
Page 4, line 8:                                                               
		Delete all material.                                                         
		Insert "act or omission under authority of AS                                
18.15.300-18.15.320. However, this subsection does not                        
preclude liability for a grossly negligent or intentional                      
violation of a provision of AS 18.15.300-18.15.320."                           
                                                                               
Senator Little moved for the adoption of Amendment No. 4.  Senator             
Taylor objected.                                                               
                                                                               
The question being: "Shall Amendment No. 4 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSHB 109(JUD) am S                                                             
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  11   NAYS:  8   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Pearce, Phillips, Salo, Zharoff                                                
                                                                               
Nays:  Frank, Halford, Jacko, Leman, Miller, Rieger, Sharp, Taylor             
                                                                               
Absent:  Kelly                                                                 
                                                                               
Jacko changed from "Yea" to "Nay".                                             
                                                                               
and so, Amendment No. 4 was adopted.                                           
                                                                               
CS FOR HOUSE BILL NO. 109(JUD) am S was automatically in                       
third reading.                                                                 
                                                                               
                                                                               

1994-01-19                     Senate Journal                      Page 2547
HB 109                                                                       
The question to be reconsidered:  "Shall CS FOR HOUSE BILL NO.                 
109(JUD) am S "An Act relating to blood tests for persons charged              
with sex offenses; and providing for an effective date" pass the               
Senate?"  The roll was taken with the following result:                        
                                                                               
CSHB 109(JUD) am S                                                             
Third Reading - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko,                    
Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger,            
Salo, Sharp, Taylor, Zharoff                                                   
                                                                               
Absent:  Kelly                                                                 
                                                                               
and so, CS FOR HOUSE BILL NO. 109(JUD) am S passed the                         
Senate on reconsideration.                                                     
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clause.  Without objection, it was so ordered.                                 
                                                                               
CS FOR HOUSE BILL NO. 109(JUD) am S was referred to the                        
Secretary for engrossment.                                                     
                                                                               
Senators Lincoln, Donley moved and asked unanimous consent that                
they be shown as cross sponsors on the bill.  Without objection, it            
was so ordered.                                                                
                                                                               
                                                                               

1994-01-19                     Senate Journal                      Page 2548
                             UNFINISHED BUSINESS                             
                                                                               
SJR 38                                                                       
Senator Little moved and asked unanimous consent that she be                   
shown as a cosponsor on SENATE JOINT RESOLUTION NO. 38                         
Proposing amendments to the Constitution of the State of Alaska                
relating to revenues from natural resources, the Alaska permanent              
fund, the appropriation limit and the budget reserve fund; and                 
providing for an effective date for the amendments.  Without                   
objection, it was so ordered.                                                  
                                                                               
Senator Salo moved and asked unanimous consent that she be                     
excused from a call of the Senate on January 21, 27 and 28.                    
Without objection, Senator Salo was excused.                                   
                                                                               
Senator Lincoln moved and asked unanimous consent that she be                  
excused from a call of the Senate from morning plane time, January             
20 through evening plane time, January 22 and from morning plane               
time, January 28 through morning plane time, January 30.  Without              
objection, Senator Lincoln was excused.                                        
                                                                               
Senator Ellis moved and asked unanimous consent that he be                     
excused from a call of the Senate from 6:00 p.m., January 21                   
through morning plane time, January 24.  Without objection, Senator            
Ellis was excused.                                                             
                                                                               
                                                                               
                                  CITATIONS                                  
                                                                               
Senator Taylor moved and asked unanimous consent that the notice               
and publication requirements be waived and the following citations             
be made a special order of business.  Without objection, it was so             
ordered.                                                                       
                                                                               
                                                                               

1994-01-19                     Senate Journal                      Page 2549
                         SPECIAL ORDER OF BUSINESS                         
                                                                               
Honoring - The Greater Kenai Chamber of Commerce in Celebration                
of their 40th Anniversary                                                      
by Representative(s) Navarre, Phillips, G. Davis                               
Senator(s) Salo, Little, Pearce, Duncan, Leman, Zharoff                        
                                                                               
Honoring - Jim and Peggy Arness, 1993 Kenai Chamber of                         
Commerce Pioneer Award Winners                                                 
by Representative(s) Navarre, Phillips, G. Davis                               
Senator(s) Salo, Little, Pearce, Duncan, Leman, Zharoff                        
                                                                               
Honoring - Kenai Rotary Club 1993 Kenai Chamber of Commerce                    
Organizational Winner                                                          
by Representative(s) Navarre, Phillips, G. Davis                               
Senator(s) Salo, Little, Pearce, Duncan, Leman, Zharoff                        
                                                                               
Honoring - Harold Dale, 1993 Kenai Chamber of Commerce Log                     
Cabin Award Winner                                                             
by Representative(s) Navarre, Phillips, G. Davis                               
Senator(s) Salo, Little, Pearce, Duncan, Leman, Zharoff                        
                                                                               
Honoring - Kenai McDonald's, 1993 Kenai Chamber of Commerce                    
Award for Community Service                                                    
Representative(s) Navarre, Phillips, G. Davis                                  
Senator(s) Salo, Little, Pearce, Duncan, Leman, Zharoff                        
                                                                               
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.                                 
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               

1994-01-19                     Senate Journal                      Page 2550
                                 ENGROSSMENT                                 
                                                                               
HB 109                                                                       
CS FOR HOUSE BILL NO. 109(JUD) am S  "An Act relating to                       
blood tests for persons charged with sex offenses; and providing for           
an effective date" was engrossed, signed by the President and                  
Secretary and returned to the House for consideration.                         
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., January 20, 1994.  Without              
objection, the Senate adjourned at 11:52 a.m.                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                          January 1994         
                                                                               

1994-01-19                     Senate Journal                      Page 2551
                                ANNOUNCEMENTS                                
                                                                               
                             STANDING COMMITTEES                             
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                               BUTROVICH ROOM 205                              
JAN 20                              THURSDAY                   9:00 AM         
SB 203	MUNICIPAL POLICE SERVICES                                               
 	<TELECONFERENCE ON ABOVE BILL>                                               
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 518                              
JAN 19                             WEDNESDAY                   9:00 AM         
 	DEPARTMENTAL BUDGET OVERVIEWS                                                
 	..ADMINISTRATION                                                             
 	..REVENUE                                                                    
 	..COMMUNITY AND REGIONAL AFFAIRS                                             
                                                                               
JAN 20                              THURSDAY                   9:00 AM         
 	DEPARTMENTAL BUDGET OVERVIEWS                                                
 	..LABOR                                                                      
 	..COURTS                                                                     
SB 247	STATE LEASES & LEASE-PURCHASE FINANCING                                 
                                                                               
                               HOUSE FINANCE 519                               
JAN 20                              THURSDAY                   1:00 PM         
 	***NOTE TIME AND LOCATION CHANGES***                                         
 	ACQUISITION OF ANCHORAGE TIMES BUILDING                                      
 	BY ALASKA COURT SYSTEM                                                       
 	JOINT MEETING WITH HOUSE FINANCE                                             
                                                                               
JAN 25                              TUESDAY                    9:00 AM         
 	DEPARTMENTAL BUDGET OVERVIEWS                                                
 	..PUBLIC SAFETY                                                              
 	..MILITARY AND VETERANS AFFAIRS                                              
 	..UNIVERSITY                                                                 
                                                                               
JAN 26                             WEDNESDAY                   9:00 AM         
 	DEPARTMENTAL BUDGET OVERVIEWS                                                
 	..CORRECTIONS                                                                
 	..COMMERCE AND ECONOMIC DEVELOPMENT                                          
 	..EDUCATION                                                                  
                                                                               
                                                                               

1994-01-19                     Senate Journal                      Page 2552
                              FINANCE CONTINUED                              
                                                                               
JAN 27                              THURSDAY                   9:00 AM         
 	DEPARTMENTAL BUDGET OVERVIEWS                                                
 	..HEALTH AND SOCIAL SERVICES                                                 
 	..TRANSPORTATION                                                             
 	..LAW                                                                        
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
JAN 19                             WEDNESDAY                   1:30 PM         
SB 221	ARREST OF MINORS FOR CONSUMING ALCOHOL                                  
 	<TELECONFERENCE ON ABOVE BILL>                                               
HB 122	CHILD CUSTODY PROCEDURES                                                
HB 214	DISCLOSURE OF MINOR'S RECORDS BY PARENT                                 
 	<TELECONFERENCE ON ABOVE BILL>                                               
HJR 36	REPEAL 100 HOUR RULE FOR AFDC PROGRAM                                   
                                                                               
JAN 21                               FRIDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 CAPITOL RM 120                                
JAN 19                             WEDNESDAY                   1:00 PM         
 	***NOTE TIME AND LOCATION CHANGES***                                         
 	CONFIRMATION OF REAPPOINTMENT OF SHIRLEY MCCOY                               
 	TO SELECT COMMITTEE ON LEGISLATIVE ETHICS                                    
 	JOINT WITH HOUSE JUDICIARY                                                   
                                                                               
                                 BELTZ ROOM 211                                
JAN 21                               FRIDAY                    1:30 PM         
HB 101	NATIONAL ELECTRICAL CODE                                                
SJR 13	EXPORT OF ALASKA OIL                                                    
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
JAN 19                             WEDNESDAY                   3:30 PM         
 	TELECONFERENCE                                                               
SB 215	OIL/HAZARDOUS SUBS. RELEASE RESPONSE FUND                               
                                                                               
JAN 21                               FRIDAY                    3:30 PM         
 	NO MEETING SCHEDULED                                                         

1994-01-19                     Senate Journal                      Page 2553
                                STATE AFFAIRS                                
                               BUTROVICH ROOM 205                              
JAN 19                             WEDNESDAY                   9:00 AM         
 	TELECONFERENCE                                                               
SB  33	GRANTS FOR LOCAL EMERGENCY PLANNING                                     
                                                                               
JAN 21                               FRIDAY                    9:00 AM         
SJR  2	RIGHTS OF VICTIMS OF CRIMES                                             
SJR 39	RIGHT TO KEEP AND BEAR ARMS                                             
 	<TELECONFERENCE ON ABOVE BILLS>                                              
SB  33	GRANTS FOR LOCAL EMERGENCY PLANNING                                     
                                                                               
JAN 24                               MONDAY                    9:00 AM         
 	NO MEETING SCHEDULED                                                         
                                                                               
JAN 26                             WEDNESDAY                   9:00 AM         
SB 170	DISPOSITION OF PERMANENT FUND INCOME                                    
SJR 38	RESTRUCTURE PERMANENT FUND                                              
 	<TELECONFERENCE ON ABOVE BILL>                                               
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
JAN 28                               FRIDAY                    9:00 AM         
SB 170	DISPOSITION OF PERMANENT FUND INCOME                                    
SJR 38	RESTRUCTURE PERMANENT FUND                                              
 	<TELECONFERENCE ON ABOVE BILL>                                               
SB 244	PERMANENT FUND INVESTMENTS - LTD PARTNERS                               
SB 245	PERMANENT FUND INVESTMENTS IN REAL ESTATE                               
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
JAN 31                               MONDAY                    9:00 AM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                                 BELTZ ROOM 211                                
JAN 20                              THURSDAY                   3:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
JAN 25                              TUESDAY                    3:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
JAN 27                              THURSDAY                   3:30 PM         
SB 256	INCREASE AVIATION FUEL TAX                                              
                                                                               
                                                                               

1994-01-19                     Senate Journal                      Page 2554
                            FINANCE SUBCOMMITTEES                            
                                                                               
                              NATURAL RESOURCES                              
                               SENATE FINANCE 518                              
JAN 25                              TUESDAY                    1:30 PM         
 	COMPONENTS TO BE COVERED:                                                    
 	..COMMISSIONER'S OVERVIEW                                                    
 	..COMMISSIONER'S OFFICE                                                      
 	..ADMINISTRATIVE SERVICES                                                    
 	..RECORDER'S OFFICE                                                          
                                                                               
                              SPECIAL COMMITTEES                             
                                                                               
                       SPECIAL COMMITTEE ON OIL AND GAS                      
                               BUTROVICH ROOM 205                              
JAN 25                              TUESDAY                    3:00 PM         
 	**WORK SESSION**                                                             
SB 150	OIL & GAS EXPLORATION LICENSES/LEASES                                   
 	**COMMITTEE HEARING**                                                        
SB 239	NONCRUDE OIL OPERATIONS:FINANC'L RESPB'TY                               
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                         LEGISLATIVE BUDGET AND AUDIT                        
                               HOUSE FINANCE 519                               
JAN 19                             WEDNESDAY                   3:30 PM         
 	TELECONFERENCE                                                               
 	CONTINUATION OF 1/14 MEETING                                                 
                    ----------------------------------------                   
                                                                               
                      SELECT CMTE ON LEGISLATIVE ETHICS                      
                                 BELTZ ROOM 211                                
JAN 24                               MONDAY                    9:00 AM         
 	REPORT FROM THE CHAIR                                                        
 	COMMITTEE OF THE WHOLE:  EXECUTIVE SESSION                                   
 	COMMITTEE OF THE WHOLE:  OPEN SESSION                                        
 	SENATE SUBCOMMITTEE:  EXECUTIVE SESSION                                      
                                                                               
                               OTHER COMMITTEES                              
                                                                               
                               ANCHORAGE CAUCUS                              
                                FINANCE ROOM 518                               
JAN 20                              THURSDAY                   8:00 AM         
 	ANCHORAGE CAUCUS