Legislature(1993 - 1994)
1994-02-28 Senate Journal
Full Journal pdf1994-02-28 Senate Journal Page 2983 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday February 28, 1994 Fiftieth Day Pursuant to adjournment the Senate was called to order by President Halford at 12:07 p.m. The roll showed sixteen members present. Senators Ellis, Miller, Rieger were absent. Senator Zharoff was absent because of weather conditions in Kodiak. The prayer was offered by the Chaplain, the Reverend Laura Minnich Lockey of Holy Trinity Episcopal Church. Senator Salo led the Senate in the pledge of allegiance. Senator Duncan moved that the prayer be spread. Senator Duncan objected. The presence of Senators Ellis, Miller, Rieger was noted. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 12:17 p.m. AFTER RECESS The Senate reconvened at 2:16 p.m. Hearing no further objections to the motion to spread the prayer, it was so ordered. 2983 1994-02-28 Senate Journal Page 2984 Hear our prayer, O Lord, for the gathering of this Senate. Grant unto us the wisdom to create that which is essential for the common good. Let us not waste time in pettiness or in fruitless deliberations. Help us to heal thoughts and feelings that divide us and fracture this state. Endow us with a vision of the future that will bless our neighbors and proclaim Your glory. In Your Holy Name we pray. Amen. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journals for the forty-sixth, forty-seventh, forty-eighth and forty-ninth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE GOVERNOR SJR 40 Message of February 24 was read, stating the Governor signed the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE JOINT RESOLUTION NO. 40(RES) Urging the Congress to amend the Oil Pollution Act of 1990 with respect to the financial responsibility requirements for offshore exploration and production facilities. Legislative Resolve No. 22 HJR 30 Message of February 24 was read, stating the Governor signed the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-02-28 Senate Journal Page 2985 HJR 30 HOUSE JOINT RESOLUTION NO. 30 Relating to epidemiological and quarantine services in ports of entry in the state. Legislative Resolve No. 23 Letter of February 22 was read, requesting withdrawal of Mr. Elmo Kienbaum of Ketchikan for consideration of legislative confirmation to the Board of Barbers and Hairdressers. Regrettably, Mr. Kienbaum passed away on February 13, 1994. MESSAGES FROM THE HOUSE Message of February 24 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 61 CS FOR HOUSE BILL NO. 61(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to the offense of operating a commercial motor vehicle while intoxicated and the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; relating to presumptions arising from the amount of alcohol in a person's breath or blood; relating to chemical testing of a person's breath; and providing for an effective date." was read the first time and referred to the Transportation, State Affairs, Judiciary and Finance Committees. Senator Leman was added as a cross sponsor on CS FOR HOUSE BILL NO. 61(FIN) am. 1994-02-28 Senate Journal Page 2986 HB 128 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to paternity determinations and acknowledgements." was read the first time and referred to the Health, Education and Social Services, Judiciary and Finance Committees. HB 315 CS FOR HOUSE BILL NO. 315(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to the unauthorized use of or unauthorized interference with transmission and delivery of subscription cable services; and amending the definition of the offense of theft of services and the penalties for its violation." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 415 CS FOR HOUSE BILL NO. 415(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." was read the first time and referred to the Judiciary Committee. Sectional Analysis for CS FOR HOUSE BILL NO. 415(JUD) appears in House Journal Supplement No. 12. COMMUNICATIONS The following reports were received and are on file in the Office of the Secretary of the Senate: 1994-02-28 Senate Journal Page 2987 Ombudsman's Annual Report for 1993 from Duncan C. Fowler, Ombudsman in accordance with AS 24.55.230 (Distributed to all Senators) Alaska Department of Public Safety 1993 Annual Report from Richard L. Burton, Commissioner (Distributed to all Senators) STANDING COMMITTEE REPORTS SB 190 The Judiciary Committee considered SENATE BILL NO. 190 "An Act relating to income withholding and other methods of enforcement for orders of support; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 190(JUD) Signing do pass: Senator Taylor, Chair, Senators Donley, Little. Fiscal note for the bill and the committee substitute published today from Department of Revenue. SENATE BILL NO. 190 was referred to the Finance Committee. SB 215 The Resources Committee considered SENATE BILL NO. 215 "An Act relating to and redesignating the oil and hazardous substance release response fund and to its use in the event of a disaster emergency; repealing the authority in law by which marine highway vessels may be designed and constructed to aid in oil and hazardous substance spill cleanup in state marine water using money in the oil and hazardous substance release response fund; amending requirements relating to the revision of state and regional master prevention and contingency plans; altering requirements applicable to liens for recovery of state expenditures related to oil or hazardous substances; amending the authority to contract to provide personnel to respond to a release or threatened release of oil or a hazardous substance and to contract to conduct spill related research; reassigning responsibility for the oil and hazardous substance 1994-02-28 Senate Journal Page 2988 SB 215 response corps and for the emergency response depots to the Department of Environmental Conservation, and for the operation of the state emergency response commission and its attendant responsibilities for the local emergency planning commissions to the Department of Military and Veterans' Affairs; and modifying definitions of terms relating to the preceding provisions; terminating the nickel-per-barrel oil conservation surcharge; levying and collecting two new oil surcharges; and providing for the suspension and reimposition of one of the new surcharges; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 215(RES), entitled: "An Act relating to oil and hazardous substances; redesignating the oil and hazardous substance release response fund and its uses; repealing the authority in law by which marine highway vessels may be designed and constructed to aid in oil and hazardous substance spill cleanup in state marine water using money in the oil and hazardous substance release response fund and the authority of the Department of Environmental Conservation to levy and collect fees for review of certain submissions related to oil; altering requirements applicable to liens for recovery of state expenditures related to oil or hazardous substances; terminating the nickel-per-barrel oil conservation surcharge; levying and collecting two new oil surcharges; and providing for the suspension and reimposition of one of the new surcharges; and providing for an effective date." Signing do pass: Senator Miller, Chair, Senators Leman, Pearce, Frank. Signing no recommendation: Senator Donley. Signing no ferries - no recommendation: Senator Zharoff. Fiscal note for the bill and fiscal note for the committee substitute published today from Department of Environmental Conservation. SENATE BILL NO. 215 was referred to the Finance Committee. 1994-02-28 Senate Journal Page 2989 SB 225 The Judiciary Committee considered SENATE BILL NO. 225 "An Act relating to credits against certain insurance taxes for contributions to certain educational institutions; and providing for an effective date" and recommended the Health, Education and Social Services Committee Substitute offered on page 2697 be adopted. Signing do pass: Senator Taylor, Chair, Senator Jacko. Signing no recommendation: Senators Donley, Little. Senator Donley further signed: believe statute being amended is unconstitutional. Previous fiscal note and zero fiscal note. SENATE BILL NO. 225 was referred to the Finance Committee. SB 261 The Community and Regional Affairs Committee considered SENATE BILL NO. 261 "An Act relating to municipal sales and use taxes involving air carriers; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 261(CRA), entitled: "An Act relating to municipal taxes and fees on the transportation of individuals or goods by federally certificated air carriers; and providing for an effective date." Signing no recommendation: Senator Phillips, Chair, Senators Leman, Taylor. Zero fiscal notes for the committee substitute published today from Department of Transportation and Public Facilities and Department of Community and Regional Affairs. Previous zero fiscal note applies to the committee substitute. SENATE BILL NO. 261 was referred to the Finance Committee. SB 322 The Finance Committee considered SENATE BILL NO. 322 "An Act repealing the limitation on delays imposed on oil and gas lease sales under the Alaska Land Act" and recommended it be replaced with 1994-02-28 Senate Journal Page 2990 SB 322 CS FOR SENATE BILL NO. 322(FIN), entitled: "An Act repealing the requirement that an oil or gas lease sale be held during the calendar quarter for which scheduled under the leasing program and repealing related allowable delays for certain oil and gas lease sales under the Alaska Land Act; and providing for an effective date." Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly, Sharp, Kerttula. Previous zero fiscal note applies to the committee substitute. SENATE BILL NO. 322 was referred to the Rules Committee. HB 4 The Judiciary Committee considered CS FOR HOUSE BILL NO. 4(JUD) "An Act relating to failure to report harm or assaults of the elderly or disabled." Signing do pass: Senator Taylor, Chair, Senators Donley, Jacko, Little. Zero fiscal notes published today from Department of Commerce and Economic Development, Department of Health and Social Services (3), Department of Administration (2). CS FOR HOUSE BILL NO. 4(JUD) was referred to the Finance Committee. SB 212 The Rules Committee considered SENATE BILL NO. 212 "An Act relating to publications produced by state agencies and to the procurement of property, property interests, and services by state agencies." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senator Little. SENATE BILL NO. 212 is on today's calendar. 1994-02-28 Senate Journal Page 2991 INTRODUCTION AND REFERENCE OF SENATE BILLS SB 339 SENATE BILL NO. 339 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the management of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date." was read the first time and referred to the Resources, Judiciary and Finance Committees. Fiscal note published today from Department of Natural Resources. Governor's transmittal letter dated February 25: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill making amendments to the Alaska Land Act, also referred to as Title 38.05. The bill also makes other amendments to the same title. The Alaska Land Act dictates how the Department of Natural Resources manages state land. Since 1959, this set of statutes has been added to and amended so that it now exceeds 180 pages in length. This past summer, I asked Commissioner Noah to review the Alaska Land Act to recommend changes that would bring greater efficiency to the management of state lands without sacrificing public involvement in land use decisions. This legislation is the result of that effort. This legislation will result in increased delivery of state government services to the citizens of Alaska at no additional costs. It will streamline procedures for mining and land actions, clarify definitions for agriculture, allow greater flexibility for managing our forests, provide for exchange of native allotments located within state park units, and make other changes necessary for cost effective and sound land management. 1994-02-28 Senate Journal Page 2992 SB 339 This legislation is not intended to be a comprehensive overhaul of the Alaska Land Act, but rather the first step in a process that will continue to review the requirements of law, the needs of Alaskans, and the cost effective operation of government. I look forward to working with you to assure your prompt consideration and passage of this bill. Sincerely, /s/ Walter J. Hickel Governor SB 340 SENATE BILL NO. 340 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to liquidated damages and attorney fees for minimum wage and overtime compensation claims." was read the first time and referred to the Labor and Commerce, Judiciary and Finance Committees. SB 341 SENATE BILL NO. 341 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: "An Act extending the termination date of the Alaska Tourism Marketing Council; and providing for an effective date." was read the first time and referred to the Labor and Commerce, Resources and Finance Committees. 1994-02-28 Senate Journal Page 2993 UNFINISHED BUSINESS SB 210 Senator Duncan requested that the reconsideration on CS FOR SENATE BILL NO. 210(FIN) am "An Act relating to disposals of state land within five miles of the right-of-way of the Dalton Highway to a licensed public utility or a licensed common carrier; relating to disposals of state land for nonresidential development in nodes of development along the Dalton Highway; requiring licensed public utilities to pay the costs of change, relocation, or removal of a utility facility due to construction of a highway project; and allowing state leases and materials sales for reconstruction and maintenance of state highways and construction or maintenance of airports" be taken up. SENATE BILLS IN THIRD READING SB 210 CS FOR SENATE BILL NO. 210(FIN) am was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 210(FIN) am "An Act relating to disposals of state land within five miles of the right-of-way of the Dalton Highway to a licensed public utility or a licensed common carrier; relating to disposals of state land for nonresidential development in nodes of development along the Dalton Highway; requiring licensed public utilities to pay the costs of change, relocation, or removal of a utility facility due to construction of a highway project; and allowing state leases and materials sales for reconstruction and maintenance of state highways and construction or maintenance of airports" pass the Senate?" The roll was taken with the following result: CSSB 210(FIN) am Third Reading - On Reconsideration YEAS: 12 NAYS: 7 EXCUSED: 0 ABSENT: 1 Yeas: Donley, Frank, Halford, Jacko, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Ellis, Kelly, Lincoln, Little, Salo 1994-02-28 Senate Journal Page 2994 SB 210 Absent: Zharoff and so, CS FOR SENATE BILL NO. 210(FIN) am passed the Senate on reconsideration. CS FOR SENATE BILL NO. 210(FIN) am was referred to the Secretary for engrossment. UNFINISHED BUSINESS HB 58 Senator Kelly requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 58(FIN) "An Act relating to the budget reserve fund established under art. IX, sec. 17, Constitution of the State of Alaska" be taken up at this time. HOUSE BILLS IN THIRD READING HB 58 SENATE CS FOR CS FOR HOUSE BILL NO. 58(FIN) was before the Senate in third reading on reconsideration. Senator Duncan called the Senate. President Halford stated the call was not satisfied. SENATE CS FOR CS FOR HOUSE BILL NO. 58(FIN) will be on the calendar in third reading on reconsideration March 2. UNFINISHED BUSINESS SB 33 Senator Adams requested that the reconsideration on CS FOR SENATE BILL NO. 33(FIN) "An Act relating to emergency planning and response; transferring the Hazardous Substance Spill Technology Review Council to the Department of Environmental Conservation; transferring the Alaska State Emergency Response Commission, including its duty to designate local emergency planning districts and appoint local emergency planning committees, to the Department of Military and Veterans' Affairs; and eliminating a requirement that the state and regional oil discharge prevention and contingency plans be revised annually" be taken up. 1994-02-28 Senate Journal Page 2995 SENATE BILLS IN THIRD READING SB 33 CS FOR SENATE BILL NO. 33(FIN) was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 33(FIN) "An Act relating to emergency planning and response; transferring the Hazardous Substance Spill Technology Review Council to the Department of Environmental Conservation; transferring the Alaska State Emergency Response Commission, including its duty to designate local emergency planning districts and appoint local emergency planning committees, to the Department of Military and Veterans' Affairs; and eliminating a requirement that the state and regional oil discharge prevention and contingency plans be revised annually" pass the Senate?" The roll was taken with the following result: CSSB 33(FIN) Third Reading - On Reconsideration YEAS: 15 NAYS: 3 EXCUSED: 0 ABSENT: 2 Yeas: Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Adams, Duncan, Ellis Absent: Lincoln, Zharoff and so, CS FOR SENATE BILL NO. 33(FIN) passed the Senate on reconsideration. CS FOR SENATE BILL NO. 33(FIN) was referred to the Secretary for engrossment. 1994-02-28 Senate Journal Page 2996 CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 212 SENATE BILL NO. 212 "An Act relating to publications produced by state agencies and to the procurement of property, property interests, and services by state agencies" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2859. Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 212(FIN) "An Act relating to the giving of procurement notices; changing the content of the required procurement reports to the legislature by the commissioner of administration; relating to publications produced by state agencies; establishing an innovative construction procurement methods pilot program; and establishing legislative findings, a legislative purpose, and legislative intent for state procurement; and providing for an effective date" was adopted. CS FOR SENATE BILL NO. 212(FIN) was read the second time. Senator Duncan offered Amendment No. 1 : Page 5, lines 26 & 27: After "use," Delete "to a program for a public ceremony of a state agency" Senator Duncan moved Amendment No. 1. Senators Kelly, Pearce objected. Senator Kerttula moved CS FOR SENATE BILL NO. 212(FIN) be held in second reading to the March 2 calendar. Senator Kelly objected. Senator Kerttula moved and asked unanimous consent that his motion be withdrawn. Without objection, it was so ordered. 1994-02-28 Senate Journal Page 2997 SB 212 Senator Duncan moved and asked unanimous consent that Amendment No. 1 be withdrawn. Without objection, it was so ordered. Senator Donley offered Amendment No. 2 : Page 5, line 22: Delete "eight Insert "twelve" [EIGHT] Delete "one" Insert "two" [ONE] Senator Donley moved for the adoption of Amendment No. 2. Senators Pearce, Taylor objected, then withdrew their objections. Senator Leman objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 212(FIN) Second Reading Amendment No. 2 YEAS: 11 NAYS: 6 EXCUSED: 0 ABSENT: 3 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Little, Miller, Phillips, Salo, Taylor Nays: Jacko, Kelly, Leman, Pearce, Rieger, Sharp Absent: Kerttula, Lincoln, Zharoff Kelly changed from "Yea" to "Nay". Sharp changed from "Yea" to "Nay". and so, Amendment No. 2 was adopted. 1994-02-28 Senate Journal Page 2998 SB 212 Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 212(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 212(FIN) am was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 212(FIN) am "An Act relating to the giving of procurement notices; changing the content of the required procurement reports to the legislature by the commissioner of administration; relating to publications produced by state agencies; establishing an innovative construction procurement methods pilot program; and establishing legislative findings, a legislative purpose, and legislative intent for state procurement; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 212(FIN) am Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 1 EXCUSED: 0 ABSENT: 3 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Leman, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Adams Absent: Kerttula, Lincoln, Zharoff and so, CS FOR SENATE BILL NO. 212(FIN) am passed the Senate. 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. Senator Adams gave notice of reconsideration. 1994-02-28 Senate Journal Page 2999 THIRD READING OF HOUSE BILLS HB 160 HOUSE BILL NO. 160 am S "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property; and providing for an effective date" which had been returned to the Rules Committee (page 2462) was read the third time. Senator Taylor moved that HOUSE BILL NO. 160 am S be returned to second reading with all pending amendments and held to the March 2 calendar. Senator Duncan objected. Senator Taylor moved and asked unanimous consent that his motion be withdrawn. Senator Adams called the Senate, then withdrew his call. There being no further objections, Senator Taylor's motion was withdrawn. Senator Little moved and asked unanimous consent that HOUSE BILL NO. 160 am S be returned to second reading for the purpose of a specific amendment, that being Amendment No. 5. Senator Leman objected. The question being: "Shall HOUSE BILL NO. 160 am S be returned to second reading for a specific amendment?" The roll was taken with the following result: HB 160 am S Return to Second for Specific Amendment YEAS: 13 NAYS: 5 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Halford, Jacko, Kerttula, Little, Pearce, Phillips, Rieger, Salo, Taylor Nays: Frank, Kelly, Leman, Miller, Sharp 1994-02-28 Senate Journal Page 3000 HB 160 Absent: Lincoln, Zharoff and so, the bill was returned to second reading. Senators Little, Kerttula offered Amendment No. 5 : Page 3, line 26: After "action" Delete "accruing" Insert "based on a defect that occurs in design, planning, supervision, construction, or observation of construction of an improvement to real property" Senator Little moved for the adoption of Amendment No. 5. Senator Leman objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HB 160 am S Second Reading Amendment No. 5 YEAS: 11 NAYS: 7 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Halford, Jacko, Kerttula, Little, Rieger, Salo, Taylor Nays: Frank, Kelly, Leman, Miller, Pearce, Phillips, Sharp Absent: Lincoln, Zharoff and so, Amendment No. 5 was adopted. HOUSE BILL NO. 160 am S was automatically in third reading. Senator Little moved that HOUSE BILL NO. 160 am S be returned to second reading for the purpose of a specific amendment, that being Amendment No. 6. Senator Leman objected. The question being: "Shall HOUSE BILL NO. 160 am S be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: 1994-02-28 Senate Journal Page 3001 HB 160 HB 160 am S Return to Second for Specific Amendment YEAS: 11 NAYS: 7 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Halford, Jacko, Kerttula, Little, Pearce, Phillips, Taylor Nays: Frank, Kelly, Leman, Miller, Rieger, Salo, Sharp Absent: Lincoln, Zharoff Halford changed from "Nay" to "Yea". and so, the bill was returned to second reading. Senators Little, Kerttula offered Amendment No. 6 : Page 3, line 18: Delete "gross" Senator Little moved for the adoption of Amendment No. 6. Objections were heard. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: HB 160 am S Second Reading Amendment No. 6 YEAS: 6 NAYS: 12 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Little, Taylor Nays: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp Absent: Lincoln, Zharoff Kerttula changed from "Yea" to "Nay". and so, Amendment No. 6 failed. HOUSE BILL NO. 160 am S was automatically in third reading. 1994-02-28 Senate Journal Page 3002 HB 160 Senator Little moved that HOUSE BILL NO. 160 am S be returned to second reading for the purpose of a specific amendment, that being Amendment No. 7. Senator Kelly objected. The question being: "Shall HOUSE BILL NO. 160 am S be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: HB 160 am S Return to Second for Specific Amendment YEAS: 13 NAYS: 5 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Halford, Jacko, Kelly, Kerttula, Little, Pearce, Phillips, Rieger, Taylor Nays: Frank, Leman, Miller, Salo, Sharp Absent: Lincoln, Zharoff and so, the bill was returned to second reading. Senators Little, Kerttula offered Amendment No. 7 : Page 3, line 22: Insert a new paragraph to read: "(4) to public works projects funded by state or local governments" Senator Little moved for the adoption of Amendment No. 7. Senator Rieger objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HB 160 am S Second Reading Amendment No. 7 YEAS: 7 NAYS: 11 EXCUSED: 0 ABSENT: 2 1994-02-28 Senate Journal Page 3003 HB 160 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Little, Taylor Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp Absent: Lincoln, Zharoff and so, Amendment No. 7 failed. HOUSE BILL NO. 160 am S was automatically in third reading. Senator Taylor moved that HOUSE BILL NO. 160 am S be returned to second reading for the purpose of a specific amendment, that being Amendment No. 8. Senator Duncan objected. Senator Taylor moved and asked unanimous consent that his motion be withdrawn. Without objection, it was so ordered. Senator Leman moved that HOUSE BILL NO. 160 am S be returned to second reading for the purpose of rescinding action in adopting Amendment No. 1 (1993 Senate Journal, page 2288). Senator Adams objected. Senator Adams called the Senate, then withdrew his call. The question being: "Shall HOUSE BILL NO. 160 am S be returned to second reading for the purpose of rescinding action in adopting Amendment No. 1?" The roll was taken with the following result: HB 160 am S Return to Second to Rescind Previous Action YEAS: 9 NAYS: 9 EXCUSED: 0 ABSENT: 2 Yeas: Frank, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp Nays: Adams, Donley, Duncan, Ellis, Halford, Jacko, Little, Salo, Taylor Absent: Lincoln, Zharoff 1994-02-28 Senate Journal Page 3004 HB 160 and so, the motion failed. The question being: "Shall HOUSE BILL NO. 160 am S "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 160 am S Third Reading - Final Passage Effective Date YEAS: 10 NAYS: 7 EXCUSED: 0 ABSENT: 3 Yeas: Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp Nays: Adams, Donley, Duncan, Ellis, Kerttula, Little, Taylor Absent: Jacko, Lincoln, Zharoff and so, HOUSE BILL NO. 160 am S failed to pass the Senate. Senator Miller gave notice of reconsideration. CITATIONS Honoring - J. Chester and Josephine Gordon for Service to Alaska by Representative(s) Mulder Senator(s) Kelly, Pearce, Duncan, Sharp, Kerttula, Donley, Halford Honoring - Dillingham High School Boys Basketball Team for Alaska State 3-A Division Third Place Finish and Boys State Academic Trophy by Senator(s) Jacko, Leman, Pearce, Duncan, Lincoln, Kerttula, Halford Representative(s) Hoffman 1994-02-28 Senate Journal Page 3005 Honoring - Nome Beltz High School Girls Basketball Team, 1994 3-A Girls Regional Champions by Representative(s) Foster Senator(s) Adams, Little, Leman, Pearce, Duncan, Lincoln, Kerttula, Donley, Halford Honoring - Valdez High School Girls Basketball Team, 1994 3-A State Champions by Senator(s) Lincoln, Little, Leman, Pearce, Duncan, Kerttula, Donley, Halford Representative(s) Olberg In Memoriam - Barbara Ann Lanz by Senator(s) Duncan, Little, Lincoln, Kerttula, Donley, Rieger Representative(s) Ulmer, Hudson In Memoriam - Ruth Mae Simon by Representative(s) Foster Senator(s) Adams, Duncan, Lincoln, Kerttula Honoring - The Wasilla High School Cheerleaders by Senator(s) Kerttula, Duncan, Pearce, Halford Representative(s) Carney, Menard, Pearce, Duncan Senator Taylor moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. UNFINISHED BUSINESS SB 185 President Halford added a Labor and Commerce Committee referral to SENATE BILL NO. 185 "An Act relating to the limitations period for assessments for certain state taxes, and for collection, after assessment, of taxes due the state; and providing for an effective date." SENATE BILL NO. 185 was referred to the Labor and Commerce and Finance Committees. 1994-02-28 Senate Journal Page 3006 HCR 29 President Halford added a Judiciary Committee referral to HOUSE CONCURRENT RESOLUTION NO. 29 am Relating to the military operations areas environmental impact statement of the United States Air Force. HOUSE CONCURRENT RESOLUTION NO. 29 am was referred to the State Affairs and Judiciary Committees. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 33 CS FOR SENATE BILL NO. 33(FIN) "An Act relating to emergency planning and response; transferring the Hazardous Substance Spill Technology Review Council to the Department of Environmental Conservation; transferring the Alaska State Emergency Response Commission, including its duty to designate local emergency planning districts and appoint local emergency planning committees, to the Department of Military and Veterans' Affairs; and eliminating a requirement that the state and regional oil discharge prevention and contingency plans be revised annually" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 210 CS FOR SENATE BILL NO. 210(FIN) am "An Act relating to disposals of state land within five miles of the right-of-way of the Dalton Highway to a licensed public utility or a licensed common carrier; relating to disposals of state land for nonresidential development in nodes of development along the Dalton Highway; requiring licensed public utilities to pay the costs of change, relocation, or removal of a utility facility due to construction of a highway project; and allowing state leases and materials sales for reconstruction and maintenance of state highways and construction or maintenance of airports" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1994-02-28 Senate Journal Page 3007 ENROLLMENT SCR 4 SENATE CONCURRENT RESOLUTION NO. 4 am H Relating to the Alaska Supreme Court's interpretation of Alaska Rule of Civil Procedure 82 and requesting that the court modify its interpretation of that rule, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 2:50 p.m., February 25, 1994. SJR 13 CS FOR SENATE JOINT RESOLUTION NO. 13(RLS) Opposing the ban on the export of Alaska North Slope crude oil; endorsing HR 543, legislation removing restraints on the export of Alaska North Slope oil; requesting the Congress of the United States to pass legislation to permit the export of Alaska North Slope crude oil; and requesting the President of the United States to present to the United States Congress a recommendation to lift the ban on the export of Alaska North Slope crude oil, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 2:50 p.m., February 25, 1994. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 2, 1994. Without objection, the Senate adjourned at 4:52 p.m. Nancy Quinto Secretary of the Senate February 1994 1994-02-28 Senate Journal Page 3008 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 MAR 01 TUESDAY 9:00 AM SB 223 TAX CREDIT: GIFTS TO PUBLIC BROADCASTING SB 291 BOROUGH INCORPORATION & ANNEXATION MAR 03 THURSDAY 9:00 AM SCR 14 NAME HATCHERY AT MAIN BAY: H.Z. HANSEN ---------------------------------------- FINANCE SENATE FINANCE 518 FEB 28 MONDAY 9:00 AM -- TELECONFERENCE -- SB 308 ADMIN ACTION RE LAND/RESOURCES/PROPERTY <BILL HELD OVER> SB 322 DELAYS OF OIL AND GAS LEASE SALES <BILL HELD OVER> BILLS PREVIOUSLY HEARD MAR 01 TUESDAY 9:00 AM SB 24 EXTEND MAXIMUM PERIOD OF PROBATION SB 215 OIL/HAZARDOUS SUBS. RELEASE RESPONSE FUND <TELECONFERENCE ON ABOVE BILL: 10:00AM-11:00AM> SB 251 COMM'L FISH LOANS FOR CERTAIN OBLIGATIONS SB 252 POSSESSION OF CHILD PORNOGRAPHY BILLS PREVIOUSLY HEARD MAR 02 WEDNESDAY 8:00 AM ** TIME CHANGE ** SB 308 ADMIN ACTION RE LAND/RESOURCES/PROPERTY <TELECONFERENCE ON ABOVE BILL: 8:00AM - 9:00AM> SB 331 APPROP: BUDGET RESERVE FUND TO GEN.FUND <HEARING ON ABOVE BILL TO START AT 9:00AM> BILLS PREVIOUSLY HEARD MAR 03 THURSDAY 9:00 AM SB 276 CRIMINAL JUSTICE INFORMATION SB 278 SOBRIETY CHECKPOINTS BILLS PREVIOUSLY HEARD MAR 04 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- 1994-02-28 Senate Journal Page 3009 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 28 MONDAY 1:30 PM ********CANCELLED******** MAR 02 WEDNESDAY 1:30 PM --WORK SESSION/HEALTH REFORM <TELECONFERENCE>-- SB 270 COMPREHENSIVE HEALTH CARE SB 284 COMPREHENSIVE HEALTH INSURANCE ACT MAR 04 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY CAPITOL ROOM 120 FEB 28 MONDAY 1:15 PM ******SENATE JUDICIARY CANCELLED****** MAR 02 WEDNESDAY 1:30 PM BILLS PREVIOUSLY HEARD SB 321 FINGERPRINTING AND CRIME RECORDS SB 286 EXTEND BOARD OF PAROLE SB 157 PROHIBITED HIGHWAY ADVERTISING SB 184 VOLUNTEERS AND EMPLOYEES OF NONPROFITS SJR 17 MAGNUSON FISHERY CONSRV & MGT ACT MAR 04 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP ROOM 203 MAR 01 TUESDAY 1:30 PM SB 289 APPROP: COST OF CERTAIN LABOR AGREEMENTS SB 300 HOURS SPENT UNDERGROUND BY MINERS SB 338 ALASKA RR REVENUE BONDS:SHIP CREEK MAR 03 THURSDAY 1:30 PM SR 3 SUPPORT OF ALASKA TOURISM MKTG COUNCIL SCR 12 STUDY AHFC ASSETS TO LOCATE REVENUE MAR 03 THURSDAY 3:30 PM **LOCATION TO BE ANNOUNCED** HSCR 3 DISAPPROVING EXECUTIVE ORDER NO. 89 <PENDING REFERRAL> JOINT WITH HOUSE LABOR AND COMMERCE COMMITTEE 1994-02-28 Senate Journal Page 3010 LABOR & COMMERCE CONTINUED MAR 08 TUESDAY 1:30 PM SB 245 PERMANENT FUND INVESTMENTS IN REAL ESTATE HB 327 EXTEND BOARD OF VETERINARY EXAMINERS MAR 10 THURSDAY 1:30 PM SB 227 MOTOR VEHICLE RENTAL TERMS ---------------------------------------- RESOURCES BUTROVICH ROOM 205 FEB 28 MONDAY 3:30 PM ********CANCELLED******** MAR 02 WEDNESDAY 3:30 PM SB 310 STATE/PRIVATE/MUNI TIMBER OPERATION/SALE <TELECONFERENCE ON ABOVE BILL> BILLS PREVIOUSLY HEARD -- RESCHEDULED FROM 02/28/94 -- HB 232 BOW HUNTING STAMP & BOW HUNTING SAFETY SB 316 FISHING VIOLATIONS:FINES/BURDEN OF PROOF SB 295 GRANTS/LOANS FOR STORAGE TANK OWNERS SB 277 FISH & WILDLIFE CONFIDENTIAL RECORDS MAR 04 FRIDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAR 01 TUESDAY 1:00 PM BILLS TO BE POSTED ---------------------------------------- STATE AFFAIRS BUTROVICH ROOM 205 FEB 28 MONDAY 9:00 AM NO MEETING SCHEDULED MAR 02 WEDNESDAY 9:00 AM HB 263 TAX EXEMPTION FOR CERTAIN PERSONAL PROP. HB 280 UNIFORM CUSTODIAL TRUST ACT SB 280 ESTABLISH AFOGNAK ISLAND STATE PARK SB 303 UNIFORM VOTER REGISTRATION SYSTEM BILLS PREVIOUSLY HEARD 1994-02-28 Senate Journal Page 3011 STATE AFFAIRS CONTINUED MAR 04 FRIDAY 9:00 AM CONFIRMATION OF JULIE BENSON ..ALASKA PUBLIC OFFICES COMMISSION CONFIRMATION OF FRED DYSON ..STATE COMMISSION FOR HUMAN RIGHTS SCR 17 HONORING TOMMY MOE SJR 46 WAIVE IRS DIESEL FUEL DYE RULE SB 216 DISPLAY SEX EXPLICIT MATERIALS NEAR MINOR BILLS PREVIOUSLY HEARD ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 MAR 01 TUESDAY 3:30 PM SB 334 INCREASE MOTOR FUEL TAX MAR 03 THURSDAY 3:30 PM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES ADMINISTRATION SENATE FINANCE 518 MAR 02 WEDNESDAY 5:00 PM SENIOR SERVICES DIVISION MAR 09 WEDNESDAY 5:00 PM DIVISION OF FINANCE PERSONNEL ADMINISTRATIVE SERVICES CENTRALIZED ADMINISTRATIVE SERVICES MAR 16 WEDNESDAY 5:00 PM RETIREMENT AND BENEFITS RISK MANAGEMENT INFORMATION SERVICES DIVISION GENERAL SERVICES LEASING AND FACILITIES ---------------------------------------- COMMERCE & ECONOMIC DEVELOPMENT GOVERNOR'S CONF RM MAR 02 WEDNESDAY 4:45 PM JOINT MEETING OF HOUSE AND SENATE DCED BUDGET SUBCOMMITTEES: ATMC FUNDING ---------------------------------------- 1994-02-28 Senate Journal Page 3012 FINANCE SUBCOMMITTEES CONTINUED COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 MAR 01 TUESDAY 1:30 PM DIVISION OF COMMUNITY AND RURAL DEVELOPMENT MAR 03 THURSDAY 1:30 PM REVIEW BUDGET AMENDMENTS MAR 08 TUESDAY 1:30 PM CLOSEOUT - TENTATIVE MAR 10 THURSDAY 1:30 PM CLOSEOUT - TENTATIVE ---------------------------------------- CORRECTIONS SENATE FINANCE 518 FEB 28 MONDAY 5:00 PM ********CANCELLED******** MAR 03 THURSDAY 11:00 AM PRESENTATION REGARDING IMPACT OF PENDING CRIME ..LEGISLATION ON CORRECTIONS SYSTEM CLEARY/FEMALE PARITY/LITIGATION UPDATES MAR 07 MONDAY 5:00 PM COMMUNITY CORRECTIONS/POINT MACKENZIE PROGRAM MAR 10 THURSDAY 11:00 AM FY 95 CAPITAL BUDGET OVERVIEW ---------------------------------------- COURT SYSTEM HOUSE FINANCE 519 MAR 02 WEDNESDAY 4:00 PM BUDGET OVERVIEWS BY ..COMMISSION ON JUDICIAL CONDUCT ..JUDICIAL COUNCIL JOINT WITH HOUSE FINANCE ---------------------------------------- EDUCATION FAHRENKAMP ROOM 203 FEB 28 MONDAY 3:30 PM ********CANCELLED******** ---------------------------------------- 1994-02-28 Senate Journal Page 3013 FINANCE SUBCOMMITTEES CONTINUED ENVIRONMENTAL CONSERVATION SENATE FINANCE 518 FEB 28 MONDAY 1:30 PM ENVIRONMENTAL HEALTH MAR 07 MONDAY 1:30 PM ADMINISTRATION STATEWIDE PROGRAMS FACILITIES, CONSTRUCTION AND OPERATION MAR 14 MONDAY 1:30 PM TO BE ANNOUNCED ---------------------------------------- FISH AND GAME SENATE FINANCE 518 MAR 01 TUESDAY 2:00 PM DIVISION OF COMMERCIAL FISHERIES MANAGEMENT ..AND DEVELOPMENT HABITAT AND RESTORATION DIVISION DIVISION OF WILDLIFE CONSERVATION SUBSISTENCE DIVISION ---------------------------------------- GOVERNOR SENATE FINANCE 518 MAR 01 TUESDAY 11:00 AM ********CANCELLED******** NO FURTHER MEETINGS SCHEDULED MAR 08 TUESDAY 11:00 AM ********CANCELLED******** NO FURTHER MEETINGS SCHEDULED ---------------------------------------- HEALTH & SOCIAL SERVICES SENATE FINANCE 518 MAR 01 TUESDAY 3:30 PM DIVISION OF FAMILY AND YOUTH SERVICES DIV OF MENTAL HEALTH/DEVELOPMENTAL DISABILITIES MAR 08 TUESDAY 3:30 PM ALASKA MENTAL HEALTH BOARD GOVERNOR'S COUNCIL ON DISABILITIES & SPECIAL ED ---------------------------------------- 1994-02-28 Senate Journal Page 3014 FINANCE SUBCOMMITTEES CONTINUED LABOR FAHRENKAMP ROOM 203 MAR 02 WEDNESDAY 3:30 PM LABOR ---------------------------------------- LAW FAHRENKAMP ROOM 203 MAR 02 WEDNESDAY 3:30 PM LAW ---------------------------------------- LEGISLATURE SENATE FINANCE 518 MAR 03 THURSDAY 3:30 PM LEGISLATIVE COUNCIL OVERVIEW MAR 10 THURSDAY 3:30 PM LEGISLATIVE OPERATING BUDGET OVERVIEW ---------------------------------------- PUBLIC SAFETY BUTROVICH ROOM 205 MAR 03 THURSDAY 3:30 PM ALASKA STATE TROOPERS/VPSO'S MAR 10 THURSDAY 3:30 PM FIRE PREVENTION HIGHWAY SAFETY PLANNING AGENCY MOTOR VEHICLES ALASKA POLICE STANDARDS COUNCIL VIOLENT CRIMES COMPENSATION BOARD DOMESTIC VIOLENCE/SEXUAL ASSAULT ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES BELTZ ROOM 211 MAR 08 TUESDAY 3:30 PM **LOCATION CHANGE TO BUTROVICH ROOM 205** GENERAL DEPARTMENT OVERVIEW ADMINISTRATION AND PLANNING FUNCTIONS MAR 10 THURSDAY 3:30 PM DESIGN AND CONSTRUCTION ALASKA INTERNATIONAL AIRPORT SYSTEM 1994-02-28 Senate Journal Page 3015 FINANCE SUBCOMMITTEES CONTINUED TRANSPORTATION & PUBLIC FACILITIES CONTINUED MAR 15 TUESDAY 3:30 PM MAINTENANCE AND OPERATIONS MAR 22 TUESDAY 3:30 PM ALASKA MARINE HIGHWAY SYSTEM MAR 24 THURSDAY 3:30 PM **LOCATION CHANGE TO SENATE FINANCE 518** BUDGET CLOSEOUT MAR 29 TUESDAY 3:30 PM BUDGET CLOSEOUT ---------------------------------------- UNIVERSITY OF ALASKA SENATE FINANCE 519 MAR 14 MONDAY 5:00 PM UNIVERSITY OF ALASKA RESEARCH PROGRAMS MAR 15 TUESDAY 5:30 PM LONG-TERM UNIVERSITY OF ALASKA BUDGET ISSUES SPECIAL COMMITTEES SPECIAL COMMITTEE ON OIL AND GAS BUTROVICH ROOM 205 MAR 01 TUESDAY 4:00 PM SB 169 TAX EXEMPTION: CERTAIN PIPELINE PROPERTY <TELECONFERENCE ON ABOVE BILL> <RESCHEDULED FROM 02/02/94> HB 384 FINANCIAL REQMTS: NONCRUDE OIL OPERATIONS CONFIRMATION HEARING <VIA TELECONFERENCE>: ..TUCKERMAN BABCOCK ..ALASKA OIL AND GAS CONSERVATION COMMISSION JOINT COMMITTEES SELECT CMTE ON LEGISLATIVE ETHICS BELTZ ROOM 211 MAR 08 TUESDAY 1:00 PM COMMITTEE OF THE WHOLE ..EXECUTIVE SESSION ..OPEN SESSION HOUSE SUBCOMMITTEE ..EXECUTIVE SESSION 1994-02-28 Senate Journal Page 3016 JOINT COMMITTEES CONTINUED SELECT COMMITTEE ON LEGISLATIVE ETHICS MAR 09 WEDNESDAY 11:30 AM COMMITTEE OF THE WHOLE ..OPEN SESSION SENATE SUBCOMMITTEE ..EXECUTIVE SESSION ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH ROOM 205 MAR 03 THURSDAY 12:15 PM LEGISLATIVE COUNCIL OTHER COMMITTEES CHILDREN'S CAUCUS BUTROVICH ROOM 205 MAR 02 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS MAR 16 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS MAR 30 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS