Legislature(1993 - 1994)
1994-01-20 Senate Journal
Full Journal pdf1994-01-20 Senate Journal Page 2555 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Thursday January 20, 1994 Eleventh Day Pursuant to adjournment the Senate was called to order by President Halford at 11:18 a.m. The roll showed seventeen members present. Senators Lincoln, Sharp were excused from a call of the Senate. Senator Pearce was absent. The prayer was offered by the Chaplain, the Reverend Dr. Palmer Gedde of the Resurrection Lutheran Church. Senator Kerttula moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Almighty God, Father, Son, and Holy Spirit: You have blessed us each with unique gifts and special abilities and You have called us into relationships, occupations and activities where we might use those gifts for the glory of Your Name and to the blessing of Your people. Help us always to be mindful of the source of our responsibility and power, as we recognize that we would have nothing apart from Your loving and gracious hand. As You sent Your Son to be servant of all, so may we follow in his footsteps and see ourselves as Your special servants in this place and time. 2555 1994-01-20 Senate Journal Page 2556 Grant each of these people the power to communicate clearly and patiently. Give them wisdom and vision that extends beyond the moment so that they might always be ministers of Your reconciliation, love, hope, and justice. In the midst of a world that has so many needs, may each of us first of all recognize our need for Your presence in our lives. All this we ask in the strong and holy Name of Jesus Christ, who calls us from darkness to walk in the light. Amen. Senator Miller led the Senate in the pledge of allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the tenth legislative day and Senate and House Joint Journal Supplement No. 13 be approved as certified. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Messages dated January 19 were read stating: The House respectfully requests the Senate to meet in Joint Session in the House Chamber on February 14 at 11:00 a.m. to hear an address by the Honorable Frank Murkowski, U.S. Senator and on February 16 at 11:00 a.m. to hear an address by the Honorable Ted Stevens, U.S. Senator. Senator Taylor moved and asked unanimous consent that the Senate accept the House invitations to meet in Joint Session. Without objection, it was so ordered. The Secretary was requested to notify the House. 1994-01-20 Senate Journal Page 2557 COMMUNICATIONS The following reports were received and are on file in the Office of the Secretary of the Senate: Employee Incentive Awards Program 1993 Report from Kevin Ritchie, Director, Division of Personnel Office/Office of Equal Employment Opportunity, Department of Administration in accordance with Sec 4, Ch 60, SLA 89 (Distributed to all Senators) Alaska Industrial Development and Export Authority 1993 Annual Report from William R. Snell, Executive Director in accordance with AS 44.88.205 Alaska Clean Water Revolving Loan Fund Annual Report Fiscal Year 1993 from John A. Sandor, Commissioner, Department of Environmental Conservation in accordance with AS 46.03.032(k) Alaska Aerospace Development 1993 Annual Report from Pat Ladner, Executive Director in accordance with AS 14.40.866 STANDING COMMITTEE REPORTS SB 35 Forthcoming zero fiscal note for SENATE BILL NO. 35 "An Act providing immunity for the Alaska State Emergency Response Commission, the local emergency planning committees, the Hazardous Substance Spill Technology Review Council, and their members for official actions; and providing for an effective date", as referenced on page 2490, published today from Department of Environmental Conservation. 1994-01-20 Senate Journal Page 2558 SB 247 The Finance Committee considered SENATE BILL NO. 247 "An Act relating to state leases and to state lease-purchase and lease-financing agreements, and repealing a legislative authorization previously given for acquisition of a facility through a lease-purchase agreement; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 247(FIN) Letter of Intent forthcoming. Signing do pass: Senator Frank, Cochair, Senators Rieger, Jacko. Signing no recommendation: Senator Kerttula. Zero fiscal note for the bill and the committee substitute published today from Department of Administration. SENATE BILL NO. 247 was referred to the Rules Committee. HJR 36 The Health, Education and Social Services Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) Urging the federal Department of Health and Human Services to repeal the "100-hour rule" relating to employment of certain persons receiving AFDC and to replace it with a regulation that will serve as an incentive for AFDC recipients to accept employment of more than 100 hours a month. Signing do pass: Senator Rieger, Chair, Senators Miller, Duncan, Ellis, Sharp, Salo, Leman. Zero fiscal note for the resolution published today from Department of Health and Social Services. CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) was referred to the Judiciary Committee. 1994-01-20 Senate Journal Page 2559 HB 122 The Health, Education and Social Services Committee considered HOUSE BILL NO. 122 "An Act eliminating a requirement that a court consider the findings and recommendations of a neutral mediator when awarding shared child custody." Signing do pass: Senator Rieger, Chair, Senators Miller, Sharp, Leman. Signing no recommendation: Senators Duncan, Ellis, Salo. Zero fiscal note for the bill published today from Alaska Court System. HOUSE BILL NO. 122 was referred to the Judiciary Committee. HB 214 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 214(JUD) "An Act allowing the parent or legal guardian of a minor to disclose information about the minor to certain state officials and state employees; prohibiting further disclosure of the information to unauthorized persons; amending Alaska Child in Need of Aid Rule 22; and providing for an effective date." Signing do pass: Senator Rieger, Chair, Senators Miller, Duncan, Sharp, Salo, Leman. Signing no recommendation: Senator Ellis. Zero fiscal notes published today from Department of Health and Social Services and Department of Law. CS FOR HOUSE BILL NO. 214(JUD) was referred to the Judiciary Committee. Letter dated January 19 was read stating: In accordance with AS 24.60.130, the Senate Judiciary Committee reviewed the following with regard to confirmation of the appointment by the Chief Justice: Select Committee on Legislative Ethics Shirley McCoy, Public Member 1994-01-20 Senate Journal Page 2560 There were no stated objections to the confirmation of the named individual by committee members. This does not reflect an intent by any of the members to vote for or against the individual during any further sessions. Signing the report: Senator Taylor, Chair, Senators Halford, Little, Jacko, Donley. Senator Taylor moved that Shirley McCoy be confirmed as a Public Member to the Select Committee on Legislative Ethics. Senator Adams called the Senate, then lifted his call. The question being: "Shall Shirley McCoy be confirmed as a Public Member to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Shall Shirley McCoy be confirmed as a Public Member to the Select Committee on Legislative Ethics? YEAS: 17 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little, Miller, Phillips, Rieger, Salo, Taylor, Zharoff Excused: Lincoln, Sharp Absent: Pearce and so, Shirley McCoy was confirmed by the Senate. The Secretary was requested to notify the House. HJR 28 The Rules Committee met on April 27, 1993 and considered HOUSE JOINT RESOLUTION NO. 28 Supporting increased access near Mt. McKinley through establishment of a visitor activity area at Kantishna. Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger. 1994-01-20 Senate Journal Page 2561 HJR 28 Zero fiscal notes for the resolution published today from Department of Natural Resources and Department of Commerce and Economic Development. HOUSE JOINT RESOLUTION NO. 28 is on today's calendar. CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE RESOLUTIONS HJR 28 HOUSE JOINT RESOLUTION NO. 28 Supporting increased access near Mt. McKinley through establishment of a visitor activity area at Kantishna was read the second time. Senator Taylor moved and asked unanimous consent that HOUSE JOINT RESOLUTION NO. 28 be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE JOINT RESOLUTION NO. 28 was read the third time. Senators Kelly, Rieger moved and asked unanimous consent that they be shown as cross sponsors on the resolution. Without objection, it was so ordered. The question being: "Shall HOUSE JOINT RESOLUTION NO. 28 Supporting increased access near Mt. McKinley through establishment of a visitor activity area at Kantishna pass the Senate?" The roll was taken with the following result: HJR 28 Third Reading - Final Passage YEAS: 13 NAYS: 4 EXCUSED: 2 ABSENT: 1 Yeas: Adams, Donley, Duncan, Frank, Halford, Jacko, Kelly, Leman, Miller, Rieger, Salo, Taylor, Zharoff Nays: Ellis, Kerttula, Little, Phillips 1994-01-20 Senate Journal Page 2562 HJR 28 Excused: Lincoln, Sharp Absent: Pearce and so, HOUSE JOINT RESOLUTION NO. 28 passed the Senate, was signed by the President and Secretary and returned to the House. CITATIONS Honoring - Lower Kuskokwim School District, 1993 Education Program of the Year by Representative(s) Hoffman Senator(s) Jacko, Adams, Lincoln, Zharoff, Kerttula, Pearce, Little, Duncan, Salo, Leman Honoring - Steve Buchanan, 1993 Winner of the Mount Marathon Race in Seward by Representative(s) G. Davis Senator(s) Little, Zharoff, Kerttula, Pearce, Duncan, Salo, Rieger, Donley, Leman Honoring - Patti Foldager, 1993 Winner of the Women's Mount Marathon Race in Seward by Representative(s) G. Davis Senator(s) Little, Zharoff, Kerttula, Pearce, Duncan, Salo, Rieger, Donley, Leman In Memoriam - Right Reverend William J. Gordon, Jr. by Senator(s) Frank, Lincoln, Sharp, Miller, Adams, Kerttula, Pearce, Duncan, Halford, Leman Representative(s) Brice, Davies, Olberg, Nicholia, Vezey, James, Therriault In Memoriam - Cakun'ik Dorothy Marie Aloysius by Representative(s) Hoffman Senator(s) Jacko, Adams, Lincoln, Zharoff, Kerttula, Pearce, Little, Duncan, Leman 1994-01-20 Senate Journal Page 2563 In Memoriam - William Carl "Bill" Bivin by Representative(s) Hoffman Senator(s) Jacko, Lincoln, Zharoff, Kerttula, Little, Duncan, Leman In Memoriam - Charles William Guinn by Representative(s) Hoffman Senator(s) Jacko, Adams, Lincoln, Zharoff, Kerttula, Little, Duncan, Halford, Leman In Memoriam - Lawrence Alan "Larry" Carlson by Senator(s) Duncan, Zharoff, Kerttula, Lincoln, Halford, Leman Representative(s) Hudson, Ulmer Honoring - Dr. Theodore Mala by Representative(s) Barnes, Phillips Senator(s) Adams, Kerttula, Pearce, Duncan, Lincoln, Salo, Zharoff, Halford, Leman Senator Taylor moved and asked unanimous consent that the first eight citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Senator Taylor moved that the citation Honoring Dr. Theodore Mala be adopted. Senator Phillips objected. On voice vote, the citation was adopted and referred to the Secretary for transmittal. UNFINISHED BUSINESS Senator Rieger moved and asked unanimous consent that he be excused from a call of the Senate on January 24, morning plane time. Without objection, Senator Rieger was excused. SB 254 President Halford added a Judiciary Committee referral to SENATE BILL NO. 254 "An Act relating to civil actions; amending Alaska Rules of Civil Procedure 49, 68, and 82; and providing for an effective date." 1994-01-20 Senate Journal Page 2564 SB 254 SENATE BILL NO. 254 was referred to the Labor and Commerce, Judiciary and Finance Committees. ANNOUNCEMENTS Announcements are at the end of the journal. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 24, 1994. Without objection, the Senate adjourned at 11:44 a.m. Nancy Quinto Secretary of the Senate January 1994 1994-01-20 Senate Journal Page 2565 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 JAN 25 TUESDAY 9:00 AM SB 136 NATIVE LANGUAGE EDUCATION SB 203 MUNICIPAL POLICE SERVICES SB 255 STATE POLICY ON HUMAN RESOURCE DEVELOPMT JAN 27 THURSDAY 9:00 AM SB 39 RETIREMENT CREDITED SERVICE & BENEFITS SB 2 PAY EQUITY BASED ON VALUE OF WORK BILLS PREVIOUSLY HEARD ---------------------------------------- FINANCE SENATE FINANCE 518 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 24 MONDAY 9:00 AM SB 135 APPRO: AK RAILROAD EXTENSION STUDY SB 160 MEMORIAL SCHOLARSHIP LOANS SB 243 FOUR DAM POOL TRANSFER FUND SB 246 REIMBURSABLE SERVICE AGREEMENTS BILLS PREVIOUSLY HEARD 1994-01-20 Senate Journal Page 2566 FINANCE CONTINUED 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 JAN 27 THURSDAY 9:00 AM DEPARTMENTAL BUDGET OVERVIEWS ..HEALTH AND SOCIAL SERVICES ..TRANSPORTATION ..LAW JAN 28 FRIDAY 9:00 AM DEPARTMENTAL BUDGET OVERVIEWS ..COMMUNITY AND REGIONAL AFFAIRS ..ANY POSTPONED OVERVIEWS (POSTED IN FINANCE RM) BILLS PREVIOUSLY HEARD ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 JAN 21 FRIDAY 1:30 PM NO MEETING SCHEDULED JAN 24 MONDAY 1:30 PM SB 221 ARREST OF MINORS FOR CONSUMING ALCOHOL JAN 26 WEDNESDAY 1:30 PM SB 217 INCREASE LAND GRANT TO UNIV. OF ALASKA SB 229 APPROP: UAA 600 BED DORMITORY JAN 28 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- 1994-01-20 Senate Journal Page 2567 JUDICIARY BELTZ ROOM 211 JAN 21 FRIDAY 1:30 PM HB 101 NATIONAL ELECTRICAL CODE SJR 13 EXPORT OF ALASKA OIL BILLS PREVIOUSLY HEARD FAHRENKAMP 203 JAN 24 MONDAY 1:30 PM ** LOCATION CHANGE ** HB 170 EXTEND BOARD OF MARINE PILOTS BILLS PREVIOUSLY HEARD JAN 26 WEDNESDAY 1:30 PM NO MEETING SCHEDULED CAPITOL ROOM 120 JAN 28 FRIDAY 1:15 PM **NOTE TIME AND LOCATION CHANGES** CONFIRMATION OF BRUCE BOTELHO AS ATTORNEY GENERAL JOINT WITH HOUSE JUDICIARY ---------------------------------------- LABOR & COMMERCE FAHRENKAMP ROOM 203 JAN 25 TUESDAY 1:30 PM SB 184 VOLUNTEERS AND EMPLOYEES OF NONPROFITS SB 70 ASSISTIVE TECHNOLOGY LOAN GUARANTEES HB 180 AHFC HOUSING INSPECTION REQUIREMENTS HB 294 EXTEND THE BOARD OF PHARMACY JAN 27 THURSDAY 1:30 PM EO 89 VEHICLE PERMIT TRANSFER FROM DCED TO DOT SB 212 STATE PROCUREMENTS AND PUBLICATIONS SB 254 CIVIL LIABILITY ---------------------------------------- RESOURCES BUTROVICH ROOM 205 JAN 21 FRIDAY 3:30 PM NO MEETING SCHEDULED 1994-01-20 Senate Journal Page 2568 RESOURCES CONTINUED JAN 24 MONDAY 3:30 PM SB 238 COASTAL ZONE MANAGEMENT PROCEDURES SJR 40 URGE CONGRESS TO AMEND OIL POLLUTION LAW HB 59 APPROP: VETS' LAND DISCOUNT REFUND JAN 25 TUESDAY 2:00 PM **NOTE TIME AND LOCATION CHANGES** -- SUBCOMMITTEE MEETING -- FOR PUBLIC TESTIMONY ONLY TELECONFERENCE SB 215 OIL/HAZARDOUS SUBS. RELEASE RESPONSE FUND JAN 26 WEDNESDAY 3:30 PM -- SUBCOMMITTEE WORK SESSION TELECONFERENCE (LISTEN ONLY) SB 215 OIL/HAZARDOUS SUBS. RELEASE RESPONSE FUND JAN 27 THURSDAY 3:30 PM -- SUBCOMMITTEE WORK SESSION TELECONFERENCE (LISTEN ONLY) SB 215 OIL/HAZARDOUS SUBS. RELEASE RESPONSE FUND JAN 28 FRIDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- STATE AFFAIRS BUTROVICH ROOM 205 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 253 REAPPLICATION PERIOD FOR 1993 PF DIVIDEND SB 170 DISPOSITION OF PERMANENT FUND INCOME SJR 38 RESTRUCTURE PERMANENT FUND <TELECONFERENCE ON ABOVE BILL> BILLS PREVIOUSLY HEARD 1994-01-20 Senate Journal Page 2569 STATE AFFAIRS CONTINUED 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 FINANCE SUBCOMMITTEES COURT SYSTEM FINANCE ROOM 518 JAN 21 FRIDAY 3:30 PM BUDGET OVERVIEW JOINT WITH HOUSE FINANCE ---------------------------------------- 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 1994-01-20 Senate Journal Page 2570 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 21 FRIDAY 12:00 PM **WORK SESSION** OIL TAX SETTLEMENTS BY FORMER ATTORNEY GENERAL CHARLIE COLE ---------------------------------------- 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