Legislature(1993 - 1994)
1994-03-02 Senate Journal
Full Journal pdf1994-03-02 Senate Journal Page 3019 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Wednesday March 2, 1994 Fifty-second Day Pursuant to adjournment the Senate was called to order by President Halford at 11:11 a.m. The roll showed sixteen members present. Senators Donley, Ellis, Frank, Rieger were absent. The prayer was offered by the Chaplain, the Reverend Laura Minnich Lockey of the Holy Trinity Episcopal Church. Senator Jacko moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O Lord our Governor, the whole world is filled with Your glory. We commend this state to Your merciful care, that we may follow Your guidance and live in Your peace. Give the Senate of this state, and all in authority, the wisdom and strength to know and to do Your will. Fill them with the love of truth and righteousness, and make them always remember that they are called to serve this state in the fear of Your righteous judgements; through Jesus Christ our Lord, who lives and governs with you and the Holy Spirit, one God, now and forever. Amen. Senator Sharp led the Senate in the pledge of allegiance. 3019 1994-03-02 Senate Journal Page 3020 UNFINISHED BUSINESS HB 160 Senator Leman requested that the reconsideration on 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" be taken up at this time. Senator Leman called the Senate. Senator Duncan announced a minority caucus. Senator Taylor announced a majority caucus. The presence of Senators Donley, Ellis, Frank, Rieger was noted. Senator Taylor, Majority Leader, introduced a new member of the 1994 Chamber Staff: Senate Page Garin Goldsbury, Sitka Senator Leman withdrew his call. 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 11:18 a.m. AFTER RECESS The Senate reconvened at 12:13 p.m. CERTIFICATION Senator Taylor moved that the journals for the fiftieth and fifty-first legislative days be approved as certified by the Secretary. Senator Taylor called the Senate, then lifted his call. Senator Taylor moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. 1994-03-02 Senate Journal Page 3021 HOUSE BILLS IN THIRD READING 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" was before the Senate in third reading on reconsideration. Senator Leman called the Senate. President Halford stated the call was satisfied. Senator Leman moved that the Senate return to second reading for the purpose of rescinding action in adopting Amendment No. 1 (page 2288). Senator Taylor objected. The question being: "Shall the Senate return 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: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp Nays: Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Taylor, Zharoff and so, the bill was not returned to second reading. Senator Leman moved that HOUSE BILL NO. 160 am S be returned to second reading for the purpose of a specific amendment, that being Amendment No. 9. Senator Taylor 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: 1994-03-02 Senate Journal Page 3022 HB 160 HB 160 am S Return to Second for Specific Amendment YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp Nays: Adams, Donley, Duncan, Ellis, Halford, Jacko, Kerttula, Lincoln, Little, Taylor, Zharoff and so, the bill was not returned to second reading. Senator Taylor moved that the Senate return to second reading for the purpose of rescinding action in failing to adopt Amendment No. 6 (page 3001). The question being: "Shall the Senate return to second reading for the purpose of rescinding action in failing to adopt Amendment No. 6?" The roll was taken with the following result: HB 160 am S Return to Second to Rescind Previous Action YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Jacko, Kerttula, Phillips, Taylor, Zharoff Nays: Adams, Frank, Halford, Kelly, Leman, Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp and so, the bill was not returned to second reading. The question to be reconsidered: "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: 1994-03-02 Senate Journal Page 3023 HB 160 HB 160 am S Third Reading - On Reconsideration YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Zharoff Nays: Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Little, Taylor and so, HOUSE BILL NO. 160 am S passed the Senate on reconsideration. Senator Taylor moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HB 160 am S Effective Date Vote YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Zharoff Nays: Adams, Donley, Duncan, Ellis, Kerttula, Little, Taylor and so, the effective date clause was not adopted. HOUSE BILL NO. 160 am S(efd fld S) was referred to the Secretary for engrossment. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journals for the fiftieth and fifty-first legislative days be approved as certified by the Secretary. Without objection, it was so ordered. 1994-03-02 Senate Journal Page 3024 MESSAGES FROM THE GOVERNOR HB 101 Message of February 28 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 101(JUD) "An Act relating to the adoption of the National Electrical Code and the National Electrical Safety Code; and providing for an effective date." Chapter 2, SLA 1994 Effective Date: 3/1/94 SB 19 Message of March 1 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 19(FIN) "An Act relating to the crime of conspiracy." Chapter 3, SLA 1994 Effective Date: 5/30/94 SJR 13 Message of February 28 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. 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. Legislative Resolve No. 24 1994-03-02 Senate Journal Page 3025 SCR 4 Message of February 28 was read, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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. Legislative Resolve No. 25 MESSAGES FROM THE HOUSE Message of February 28 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 28 HOUSE CONCURRENT RESOLUTION NO. 28 BY REPRESENTATIVES BARNES, Phillips, Williams, Toohey, Vezey, James, Martin, Foster, Porter, Mulder, Olberg, Green, Bunde, Sanders, Hudson, Larson, Kott, MacLean, Hanley, Therriault; Senators Halford, Taylor, Sharp, Relating to requesting the Governor to direct the Attorney General to undertake all available means to have the partial settlements agreed to by the state in Cleary v. Smith and the court orders issued in that case that impose required conditions of confinement and continued monitoring and oversight of the correctional system by the courts dissolved or modified. was read the first time and referred to the Judiciary Committee. 1994-03-02 Senate Journal Page 3026 STANDING COMMITTEE REPORTS SB 24 The Finance Committee considered SENATE BILL NO. 24 "An Act extending the maximum period of probation after conviction." Signing do pass: Senators Frank, Pearce, Cochairs, Senators Rieger, Kerttula. Signing no recommendation: Senators Jacko, Kelly. Signing do not pass: Sharp. Zero fiscal notes published today from Department of Law and Alaska Court System. Indeterminate fiscal note published today from Department of Corrections. Previous zero fiscal note. SENATE BILL NO. 24 was referred to the Rules Committee. SB 164 The Judiciary Committee considered SENATE BILL NO. 164 "An Act relating to municipal incorporation, reclassification, and dissolution" and recommended it be replaced with CS FOR SENATE BILL NO. 164(JUD), entitled: "An Act relating to municipal incorporation, reclassification, merger, consolidation, annexation, detachment, and dissolution, and to municipal school districts." Signing do pass: Senator Taylor, Chair. Signing no recommendation: Senators Donley, Little, Jacko. Zero fiscal note for the committee substitute published today from Department of Community and Regional Affairs. SENATE BILL NO. 164 was referred to the Rules Committee. SB 223 The Community and Regional Affairs Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 223 "An Act relating to credits against certain taxes for contributions to certain public educational radio and television networks and stations; and providing for an effective date." Signing do pass: Senator Phillips, Chair, Senator Taylor. Signing no recommendation: Senators Leman, Zharoff. 1994-03-02 Senate Journal Page 3027 SB 223 Zero fiscal notes published today from Department of Administration and Department of Revenue. SPONSOR SUBSTITUTE FOR SENATE BILL NO. 223 was referred to the Judiciary Committee. SB 252 The Finance Committee considered SENATE BILL NO. 252 "An Act prohibiting the possession of child pornography" and recommended the Judiciary Committee Substitute offered on page 2884 be adopted. Signing do pass: Senators Pearce, Frank, Cochairs, Senators Sharp, Rieger, Jacko, Kelly, Kerttula. Previous zero fiscal notes. SENATE BILL NO. 252 was referred to the Rules Committee. SB 289 The Labor and Commerce Committee considered SENATE BILL NO. 289 "An Act making appropriations to satisfy the agreed-upon monetary terms of certain collective bargaining agreements for certain public employees; and providing for an effective date." Signing do pass: Senator Kelly, Chair, Senator Salo. Signing no recommendation: Senators Sharp, Rieger, Lincoln. SENATE BILL NO. 289 was referred to the Finance Committee. SB 303 The State Affairs Committee considered SENATE BILL NO. 303 "An Act relating to voter eligibility, voter registration, and voter registration agencies; and providing for an effective date." Signing no recommendation: Senator Leman, Chair, Senators Miller, Taylor, Duncan. Zero fiscal note published today from Department of Revenue. Previous fiscal notes and zero fiscal note. SENATE BILL NO. 303 was referred to the Judiciary Committee. 1994-03-02 Senate Journal Page 3028 SB 338 The Labor and Commerce Committee considered SENATE BILL NO. 338 "An Act relating to the issuance of revenue bonds for acquisition and construction of the Alaska Discovery Center for the Ship Creek Project in Anchorage; relating to a study of the feasibility and financial viability of the Alaska Discovery Center; relating to construction of the Alaska Discovery Center; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 338(L&C), entitled: "An Act relating to the issuance of revenue bonds for acquisition and construction of the Northern Crossroads Discovery Center for the Ship Creek Landings Project; relating to a study of the feasibility and financial viability of the Northern Crossroads Discovery Center; relating to construction of the Northern Crossroads Discovery Center; and providing for an effective date." Signing do pass: Senator Kelly, Chair. Signing no recommendation: Senators Sharp, Rieger, Salo, Lincoln. Zero fiscal note for the bill and committee substitute published today from Department of Revenue. SENATE BILL NO. 338 was referred to the Finance Committee. HB 160 Zero fiscal notes for HOUSE BILL NO. 160 am S(efd fld S) "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property" published today from Department of Law and Alaska Court System. HB 263 The State Affairs Committee considered SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 263 "An Act relating to municipal property tax exemptions." Signing do pass: Senator Leman, Chair. Signing no recommendation: Senators Miller, Taylor. Previous House zero fiscal note. SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 263 was referred to the Rules Committee. 1994-03-02 Senate Journal Page 3029 HB 280 The State Affairs Committee considered HOUSE BILL NO. 280 "An Act adopting the Uniform Custodial Trust Act." Signing do pass: Senator Leman, Chair. Signing no recommendation: Senators Miller, Taylor. Previous House zero fiscal note. HOUSE BILL NO. 280 was referred to the Judiciary Committee. SJR 39 The Rules Committee considered SENATE JOINT RESOLUTION NO. 39 Proposing an amendment to the Constitution of the State of Alaska to guarantee, in addition to the right of the people to keep and bear arms as approved by the voters at the time of ratification of the state Constitution, that the individual right to keep and bear arms shall not be denied or infringed by the state or a political subdivision of the state. Signing to calendar: Senator Halford, Chair, Senators Zharoff, Rieger, Jacko. Signing no recommendation: Senator Little. SENATE JOINT RESOLUTION NO. 39 is on today's calendar. SB 242 The Rules Committee considered SENATE BILL NO. 242 "An Act relating to office hours of state agencies." Signing to calendar: Senator Halford, Chair, Senators Little, Zharoff, Rieger, Jacko. SENATE BILL NO. 242 is on today's calendar. SPECIAL COMMITTEE REPORTS HB 384 The Senate Special Committee on Oil and Gas considered HOUSE BILL NO. 384 "An Act eliminating the temporary character of alternative procedures available to persons who must show evidence of financial responsibility before conducting noncrude oil operations; and providing for an effective date." Signing do pass: Senator Leman, Chair, Senators Sharp, Salo. Previous House zero fiscal note. HOUSE BILL NO. 384 was referred to the Resources Committee. 1994-03-02 Senate Journal Page 3030 INTRODUCTION AND REFERENCE OF SENATE BILLS SB 301 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 301 BY SENATOR TAYLOR, entitled: "An Act relating to the calculation of instructional units used in determining state aid for education and increasing elementary and secondary instructional units for certain school districts with 800 or fewer students in average daily membership; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services, Judiciary and Finance Committees. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 242 SENATE BILL NO. 242 "An Act relating to office hours of state agencies" was read the second time. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 242 be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 242 was read the third time. The question being: "Shall SENATE BILL NO. 242 "An Act relating to office hours of state agencies" pass the Senate?" The roll was taken with the following result: SB 242 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff 1994-03-02 Senate Journal Page 3031 SB 242 and so, SENATE BILL NO. 242 passed the Senate. Senator Duncan gave notice of reconsideration. HOUSE BILLS IN THIRD READING HB 58 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" was before the Senate in third reading on reconsideration. The question to be reconsidered: "Shall 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" pass the Senate?" The roll was taken with the following result: SCS CSHB 58(FIN) Third Reading - On Reconsideration YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 58(FIN) passed the Senate on reconsideration. SENATE CS FOR CS FOR HOUSE BILL NO. 58(FIN) was referred to the Secretary for engrossment. 1994-03-02 Senate Journal Page 3032 SECOND READING OF SENATE RESOLUTIONS SJR 39 SENATE JOINT RESOLUTION NO. 39 Proposing an amendment to the Constitution of the State of Alaska to guarantee, in addition to the right of the people to keep and bear arms as approved by the voters at the time of ratification of the state Constitution, that the individual right to keep and bear arms shall not be denied or infringed by the state or a political subdivision of the state, was read the second time. Senator Taylor moved and asked unanimous consent that SENATE JOINT RESOLUTION NO. 39 be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE JOINT RESOLUTION NO. 39 was read the third time. Senator Donley offered a Letter of Intent: Letter of Intent for Senate Joint Resolution No. 39 1. SJR 39 NOT APPLICABLE TO PRIVATE ACTION The legislature notes the consistency between the current language of art. I, sec. 19 of the state constitution and the Second Amendment of the Constitution of the United States. Because of the similarity of language, the legislature is of the view that the interpretation adopted by the United States in Cruikshank v.United States, 92 U.S. 542, 23 L.Ed. 588 (1876), holding that the Second Amendment to the Constitution of the United States does not apply to regulate or interfere with private conduct, is equally valid as to the provision of the state constitution as it currently reads. The proposed amendment of art. I, sec. 19 bars the state or a political subdivision of the state from acting to deny or infringe the right of an individual to keep and bear arms. It says nothing about conduct involving non- governmental parties. It is not intended to guide or interfere with private conduct. Therefore, the legislature is of the opinion that the 1994-03-02 Senate Journal Page 3033 SJR 39 amendment to art. I, sec. 19 proposed by SJR 39 does not apply, and may not be read to apply, to regulate or interfere with private conduct. 2. STANDARD FOR JUDICIAL REVIEW UNDER SJR 39 IS THE "LEGITIMATE AND COMPELLING GOVERNMENTAL INTEREST" TEST. The legislature also notes the consistency in the language of the proposed amendment to art. I, sec. 19 and comparable language defining the right of privacy set out in art. I, sec. 22 of the state constitution and protecting personal privacy against government infringement. Because of the similarity of language between the two provisions, the legislature is of the view that the interpretation and standard of review adopted by the Alaska Supreme Court to circumscribe or abridge those rights under certain circumstances will also apply to the right defined by art. I, sec. 19. The legislature believes that the applicable test should be the "legitimate and compelling governmental interest" test in the form applicable to interpretation of the right to privacy, art. I, sec. 22 of the state constitution. The test was first identified in Falcon v. Alaska Public Offices Commission, 570 P.2d 469, 476 (Alaska 1975), and more fully articulated and explained in Messerli v. State 626 P.2d 81, 86 (Alaska 1980). The test has worked well to protect the rights of Alaska's citizens in situations in which the asserted infringement involves a right that is not clearly defined by the courts as "fundamental." Therefore, the legislature is of the opinion that the standard of review contemplated by the amendment proposed to art. I, sec. 19 by SJR 39 be one that precludes abridgment or interference by governmental action unless the government meets its substantial burden of establishing that an abridgment or interference with the right may be justified only by a legitimate and compelling governmental interest. 3. SJR 39 DOES NOT PREVENT THE LEGISLATURE FROM LIMITING ACCESS AND POSSESSION OF ARMS BY CONVICTED FELONS AND THOSE CONVICTED OF CRIMES OF VIOLENCE. 1994-03-02 Senate Journal Page 3034 SJR 39 As in the majority of jurisdictions whose constitutions contain similar guarantees of an individual's right to keep and bear arms, the proposed amendment of art. I, sec. 19 does not preclude the appropriate exercise of the police power. The exercise of the police power must be in a manner that satisfies the requirements of the applicable test. To that end, the legislature finds that there is both a legitimate and a compelling governmental interest in the enactment and enforcement of legislation prohibiting the possession of and access to firearms by those who, by their past conduct, have demonstrated an unfitness to be entrusted with their possession. Such legislation is both reasonably related to the protection of the general public from those who would use firearms to commit serious crimes and is sufficiently narrowly drawn to isolate those persons who, on the basis of their previous convictions for a serious offense, evidence a lack of fitness to be entrusted with these dangerous weapons for any reason. Specifically the legislature finds a legitimate and a compelling governmental interest in the enactment and enforcement of legislation limiting access and possession of arms by convicted felons and those convicted of crimes of violence. Senator Donley moved that the Letter of Intent be adopted. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to 5:15 p.m. Without objection, the Senate recessed at 1:31 p.m. AFTER RECESS The Senate reconvened at 5:15 p.m. CONSIDERATION OF THE CALENDAR CONTINUED SJR 39 A motion was pending for the adoption of the Letter of Intent on SENATE JOINT RESOLUTION NO. 39. Senator Rieger objected. Senator Duncan called the Senate, then lifted his call. 1994-03-02 Senate Journal Page 3035 SJR 39 The question being: Shall the Letter of Intent be adopted?" The roll was taken with the following result: SJR 39 Adopt Letter of Intent? YEAS: 15 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Donley, Duncan, Frank, Halford, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Salo, Sharp, Taylor, Zharoff Nays: Adams, Ellis, Lincoln, Rieger Absent: Jacko Kerttula changed from "Nay" to "Yea". and so, the Senate Letter of Intent was adopted. Senator Duncan moved that SENATE JOINT RESOLUTION NO. 39 be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Senator Duncan moved and asked unanimous consent that his motion to return to second reading be withdrawn. Without objection, it was so ordered. The question being: "Shall SENATE JOINT RESOLUTION NO. 39 Proposing an amendment to the Constitution of the State of Alaska to guarantee, in addition to the right of the people to keep and bear arms as approved by the voters at the time of ratification of the state Constitution, that the individual right to keep and bear arms shall not be denied or infringed by the state or a political subdivision of the state, pass the Senate?" The roll was taken with the following result: SJR 39 Third Reading - Final Passage YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 1994-03-02 Senate Journal Page 3036 SJR 39 Yeas: Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Salo, Sharp, Taylor, Zharoff Nays: Adams, Duncan, Ellis, Lincoln, Rieger and so, SENATE JOINT RESOLUTION NO. 39 passed the Senate with a Senate Letter of Intent. Senator Duncan gave notice of reconsideration. CITATIONS Commemorating 1994 Women's Day Celebration by Representative(s) Ulmer, Hudson Senator(s) Duncan, Pearce, Little, Ellis, Lincoln, Zharoff, Salo Honoring - Juneau-Douglas High School Basketball Team by Representative(s) Ulmer, Hudson Senator(s) Duncan, Frank, Pearce, Little, Lincoln, Leman, Zharoff Honoring - Tiffany Peters, Girl Scout Award by Representative(s) Hudson, Ulmer Senator(s) Duncan, Pearce, Lincoln, Little, Rieger, Zharoff Honoring - Danny Stevens, Dimond High School Head Football Coach by Representative(s) Hanley Senator(s) Pearce, Duncan, Donley, Leman, Rieger, Zharoff, Salo In Memoriam - Lawrence S. Schachle by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Pearce, Duncan, Lincoln, Donley, Zharoff In Memoriam - Elmo Oscar Kienbaum by Senator(s) Taylor, Duncan, Lincoln, Pearce, Zharoff, Halford Honoring - Lori Dee Wilson for Bravery and Courage by Senator(s) Jacko, Halford, Little, Pearce, Duncan, Zharoff, Lincoln Representative(s) Hoffman 1994-03-02 Senate Journal Page 3037 Honoring - Northern Alaska Chapter, March of Dimes Bid for Bachelors by Representative(s) Brice Senator(s) Pearce, Duncan, 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. UNFINISHED BUSINESS HB 254 President Halford stated CS FOR HOUSE BILL NO. 254(JUD) am(ct rule fld) "An Act relating to open meetings of governmental bodies" would be taken from the Rules Committee and returned to the Judiciary Committee. CS FOR HOUSE BILL NO. 254(JUD) am(ct rule fld) was re- referred to the Judiciary Committee. SB 272 Senator Kelly moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 272 "An Act relating to immunization records for children under the age of seven." Without objection, it was so ordered. SB 255 Senator Kelly, Chair, moved and asked unanimous consent that the Labor and Commerce Committee referral be waived on SENATE BILL NO. 255 "An Act establishing a comprehensive policy relating to human resource development in the state." Senator Duncan objected, then withdrew his objection. There being no further objections, the Labor and Commerce Committee referral was waived. SENATE BILL NO. 255 was referred to the Health, Education and Social Services and State Affairs Committees. 1994-03-02 Senate Journal Page 3038 HCR 28 Senator Donley moved and asked unanimous consent that he be shown as a cross sponsor on HOUSE CONCURRENT RESOLUTION NO. 28 Relating to requesting the Governor to direct the Attorney General to undertake all available means to have the partial settlements agreed to by the state in Cleary v. Smith and the court orders issued in that case that impose required conditions of confinement and continued monitoring and oversight of the correctional system by the courts dissolved or modified. Without objection, it was so ordered. SB 319 Senator Leman moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 319 "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers; and permitting municipalities to install `drug-free recreation and youth center zone' signs." Without objection, it was so ordered. SB 303 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on SENATE BILL NO. 303 "An Act relating to voter eligibility, voter registration, and voter registration agencies; and providing for an effective date." Senator Donley objected. The question being: "Shall the Judiciary Committee referral be waived on SENATE BILL NO. 303?" The roll was taken with the following result: SB 303 Waive from JUD Committee YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff 1994-03-02 Senate Journal Page 3039 SB 303 and so, SENATE BILL NO. 303 was waived from the Judiciary Committee. SENATE BILL NO. 303 was referred to the Finance Committee. SB 212 The reconsideration on 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" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. Senator Kelly moved and asked unanimous consent that he be excused from a call of the Senate on March 8. Without objection, Senator Kelly was excused. Senator Kerttula moved and asked unanimous consent that he be excused from a call of the Senate on March 4 to morning plane time, March 8. Without objection, Senator Kerttula was excused. Senator Rieger moved and asked unanimous consent that he be excused from a call of the Senate on March 4 to morning plane time, March 8. Without objection, Senator Rieger was excused. Senator Little moved and asked unanimous consent that she be excused from a call of the Senate on March 4 through March 7. Without objection, Senator Little was excused. Senator Jacko moved and asked unanimous consent that he be excused from a call of the Senate on March 4. Without objection, Senator Jacko was excused. Senator Pearce moved and asked unanimous consent that she be excused from a call of the Senate from 5:00 p.m. March 3 to morning plane time, March 9. Without objection, Senator Pearce was excused. 1994-03-02 Senate Journal Page 3040 Senator Phillips moved and asked unanimous consent that he be excused from a call of the Senate on March 5 to evening plane time, March 8. Without objection, Senator Phillips was excused. #END HB 160 Senator Taylor moved that the Senate rescind its previous action in passing HOUSE BILL NO. 160 am S(efd fld S) "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property." Objections were heard. The question being: "Shall the Senate rescind its previous action in passing HOUSE BILL NO. 160 am S(efd fld S)?" The roll was taken with the following result: HB 160 am S (efd fld S) Rescind action YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Lincoln, Taylor, Zharoff Nays: Frank, Halford, Kelly, Leman, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp and so, the Senate failed to rescind its previous action. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 212 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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1994-03-02 Senate Journal Page 3041 HB 58 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" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 160 HOUSE BILL NO. 160 am S(efd fld S) "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property" 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., March 3, 1994. Without objection, the Senate adjourned at 5:59 p.m. Nancy Quinto Secretary of the Senate March 1994 1994-03-02 Senate Journal Page 3042 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 MAR 03 THURSDAY 9:00 AM SCR 14 NAME HATCHERY AT MAIN BAY: H.Z. HANSEN ---------------------------------------- FINANCE SENATE FINANCE 518 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> SB 251 COMM'L FISH LOANS FOR CERTAIN OBLIGATIONS <BILL HELD OVER> BILLS PREVIOUSLY HEARD MAR 03 THURSDAY 9:00 AM SB 276 CRIMINAL JUSTICE INFORMATION SB 278 SOBRIETY CHECKPOINTS -- TELECONFERENCE (CONT) 10:00AM - 11:00AM -- SB 215 OIL/HAZARDOUS SUBS. RELEASE RESPONSE FUND BILLS PREVIOUSLY HEARD MAR 04 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 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 ---------------------------------------- 1994-03-02 Senate Journal Page 3043 JUDICIARY BELTZ ROOM 211 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 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 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 MAR 02 WEDNESDAY 3:30 PM SB 316 FISHING VIOLATIONS:FINES/BURDEN OF PROOF SB 310 STATE/PRIVATE/MUNI TIMBER OPERATION/SALE <TELECONFERENCE ON ABOVE BILL> MAR 04 FRIDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- 1994-03-02 Senate Journal Page 3044 STATE AFFAIRS BUTROVICH ROOM 205 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 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 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 ---------------------------------------- 1994-03-02 Senate Journal Page 3045 FINANCE SUBCOMMITTEES CONTINUED COMMERCE & ECONOMIC DEVELOPMENT GOVERNOR'S CONF RM MAR 02 WEDNESDAY 4:45 PM JOINT MEETING OF HOUSE AND SENATE DCED BUDGET SUBCOMMITTEES: ATMC FUNDING ---------------------------------------- COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 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 MAR 03 THURSDAY 11:00 AM COMMUNITY CORRECTIONS/POINT MACKENZIE PROGRAM MAR 07 MONDAY 5:00 PM IMPACT OF PENDING CRIME LEGISLATION ON ..CORRECTIONS SYSTEM CLEARY/FEMALE PARITY/LITIGATION UPDATES 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 BELTZ ROOM 211 MAR 02 WEDNESDAY 3:30 PM EDUCATION 1994-03-02 Senate Journal Page 3046 FINANCE SUBCOMMITTEES CONTINUED EDUCATION MAR 09 WEDNESDAY 3:30 PM **TO MEET AFTER LAW FINANCE SUBCOMMITTEE** ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 518 MAR 07 MONDAY 1:30 PM ADMINISTRATION STATEWIDE PROGRAMS FACILITIES, CONSTRUCTION AND OPERATION MAR 14 MONDAY 1:30 PM TO BE ANNOUNCED ---------------------------------------- GOVERNOR SENATE FINANCE 518 MAR 08 TUESDAY 11:00 AM ********CANCELLED******** NO FURTHER MEETINGS SCHEDULED ---------------------------------------- HEALTH & SOCIAL SERVICES SENATE FINANCE 518 MAR 08 TUESDAY 3:30 PM ALASKA MENTAL HEALTH BOARD GOVERNOR'S COUNCIL ON DISABILITIES & SPECIAL ED ---------------------------------------- LABOR FAHRENKAMP ROOM 203 MAR 02 WEDNESDAY 3:30 PM LABOR ---------------------------------------- LAW FAHRENKAMP ROOM 203 MAR 02 WEDNESDAY 3:30 PM LAW MAR 09 WEDNESDAY 3:30 PM *TO MEET BEFORE EDUCATION FINANCE SUBCOMMITTEE* ---------------------------------------- 1994-03-02 Senate Journal Page 3047 FINANCE SUBCOMMITTEES CONTINUED 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 4:00 PM ** TIME CHANGE ** 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 4:15 PM ** TIME CHANGE ** DESIGN AND CONSTRUCTION ALASKA INTERNATIONAL AIRPORT SYSTEM 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 1994-03-02 Senate Journal Page 3048 FINANCE SUBCOMMITTEES CONTINUED 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 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 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 ANCHORAGE CAUCUS SENATE FINANCE 518 MAR 03 THURSDAY 8:00 AM ANCHORAGE CAUCUS ---------------------------------------- CHILDREN'S CAUCUS BUTROVICH ROOM 205 MAR 02 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS MAR 16 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS 1994-03-02 Senate Journal Page 3049 CHILDREN'S CAUCUS CONTINUED MAR 30 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS ---------------------------------------- MAJORITY CAUCUS PRESIDENT'S CHAMBER MAR 02 WEDNESDAY 0:00 AM ** UPON RECESS ** ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 MAR 02 WEDNESDAY 0:00 AM ** UPON RECESS ** ---------------------------------------- MISCELLANEOUS OTHER MEETINGS HOUSE FINANCE 519 MAR 09 WEDNESDAY 4:30 PM PRESENTATION BY U.S. DEPARTMENT OF ENERGY ..ALASKAN NORTH SLOPE EXPORTS STUDY JOINT WITH DEPARTMENT OF EDUCATION