Legislature(1993 - 1994)
1994-03-07 Senate Journal
Full Journal pdf1994-03-07 Senate Journal Page 3083 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday March 7, 1994 Fifty-seventh Day Pursuant to adjournment the Senate was called to order by President pro tempore Leman at 3:02 p.m. Senators Adams, Duncan, Frank, Kerttula, Leman, Lincoln, Salo, Sharp, Zharoff were present. Senators Ellis, Little, Pearce, Phillips, Rieger were excused from a call of the Senate. Senators Donley, Halford, Jacko, Kelly, Miller, Taylor were absent. The prayer was offered by the Chaplain, Associate Pastor Mary Ann Warden of the Northern Light United Church. Senator Adams moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Thank You, Lord, for all that You have given us. Thank You for the beauty of the universe that You created; the trees, the sky, the mountains, the rain, the snow. All things hold beauty in themselves and all are related and touch each creature of the earth. You created the rhythm and patter of the universe in a harmony of movement, sight and sound. Help us to appreciate Your creation and to live with our eyes, ears and hearts open to Your message. In Jesus' name I pray. Amen. Senator Zharoff led the Senate in the pledge of allegiance. MESSAGES FROM THE GOVERNOR SJR 29 Message of March 4 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: 3083 1994-03-07 Senate Journal Page 3084 SJR 29 HOUSE CS FOR SENATE JOINT RESOLUTION NO. 29(TRA) am H Relating to federal efforts to require the use of motorcycle helmets in Alaska. Legislative Resolve No. 20 The Governor further stated: This Resolution objects to the federal mandate that requires every state to enact a statute requiring all motorcyclists to wear helmets. The penalty for failure to enact such legislation is the transfer of federal highway construction funds to the 402 safety program with Alaska's Department of Public Safety. SJR 29 clearly expresses the majority view of the Alaska Legislature, which opposed congressional mandates that infringe on a state's right to manage its internal affairs. Philosophically I agree with the Legislature, however, I have recommended compliance with the congressional mandate in this case because of the serious financial impact noncompliance will have on Alaska's highway construction program. If the State of Alaska does not have a universally applied helmet law in effect by October 1, 1994, it will be forced to transfer approximately $5.6 million from FY 95 federal highway funds for capital improvement projects to the 402 Safety Program. Alaska has already transferred $2.7 million in capital improvements in FY 94. The state will lose an additional $5.6 million capital improvement funding in FY 96 and an amount equal to three percent of apportioned funds thereafter each year the state does not have a mandatory helmet law. This shifting of millions of dollars in federal highway construction funding to a relatively small safety program is a significant loss to Alaska's need to upgrade and extend its highway system. Safe, modern highways save lives, increase productivity and improve mobility perhaps as much as a safety program. 1994-03-07 Senate Journal Page 3085 HB 88 Message of March 4 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. 88(RLS) am S "An Act establishing May 1 as Family Day and the month of May as Preservation of the Family Month; and relating to the prevention of child abuse and neglect in the family." Chapter 4, SLA 1994 Effective Date: 6/2/94 COMMUNICATIONS The following reports were received and are on file in the Office of the Secretary of Senate: Alaska Fisheries Enhancement Program 1993 Annual Report from Carl Rosier, Commissioner, Department of Fish and Game in accordance with AS 16.05.092 Alaska Public Employees' Retirement System (PERS) and Teacher's Retirement System (TRS) Component Unit Financial Report Fiscal Year Ended June 30, 1993 from Nancy Bear Usera, Commissioner, Department of Administration in accordance with AS 39.35.020(5) and AS 14.25.030(4) Department of Environmental Conservation's Storage Tank Assistance Fund Annual Report Fiscal Year 1993 from John A. Sandor, Commissioner in accordance with AS 46.03.363 STANDING COMMITTEE REPORTS Reports dated March 4 were read stating: 1994-03-07 Senate Journal Page 3086 In accordance with AS 39.05.080, the Senate State Affairs Committee reviewed the following with regard to confirmation of the Governor's appointments: Alaska Public Offices Commission Julie Benson - Fairbanks Reappointed 1/18/94; expires 2/1/98 State Commission for Human Rights Fred Dyson - Eagle River Term Began 2/10/94; expires 1/31/99 There were no stated objections to the confirmation of any of the named individuals by committee members. This does not reflect an intent by any of the members to vote for or against the individuals during any further sessions. Signing the reports: Senator Leman, Chair, Senators Taylor, Duncan. Senator Leman, Chair, further signed "confirm" on the report on Fred Dyson. SCR 17 The State Affairs Committee considered SENATE CONCURRENT RESOLUTION NO. 17 Honoring Alaskan and Palmer resident Tommy Moe for winning a gold medal at the 1994 Winter Olympic Games in Lillehammer, Norway, and recommended it be replaced with CS FOR SENATE CONCURRENT RESOLUTION NO. 17(STA) Honoring Alaskan and Palmer resident Tommy Moe for winning gold and silver medals at the 1994 Winter Olympic Games in Lillehammer, Norway. Signing do pass: Senator Leman, Chair, Senators Taylor, Duncan. Zero fiscal note for the resolution and the committee substitute published today from Senate State Affairs Committee. SENATE CONCURRENT RESOLUTION NO. 17 was referred to the Rules Committee. 1994-03-07 Senate Journal Page 3087 SJR 46 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 46 Requesting the United States Congress to provide a waiver for nontaxable diesel fuel sold in Alaska from the requirement that it contain a blue dye additive, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 46(STA), Requesting the United States Congress to provide a waiver for nontaxable diesel fuel sold in Alaska from the requirement that it contain a dye additive. Signing do pass: Senator Leman, Chair, Senators Taylor, Duncan. Zero fiscal note for the resolution and the committee substitute published today from Senate State Affairs Committee. SENATE JOINT RESOLUTION NO. 46 was referred to the Rules Committee. SB 321 The Judiciary Committee considered SENATE BILL NO. 321 "An Act relating to the taking of a legible set of fingerprints when a person is arrested, upon initial appearance or arraignment, upon the conviction of the person, and when the person is received at a correctional facility, and providing that the set of fingerprints shall be provided to the Department of Public Safety; relating to criminal and crime records and information; requiring the reporting of information concerning homicides and suspected homicides to the Department of Public Safety for analysis; requiring the Department of Public Safety to participate in the Federal Bureau of Investigation, Violent Crimes Apprehension Program" and recommended it be replaced with CS FOR SENATE BILL NO. 321(JUD), entitled: "An Act relating to the taking of a legible set of fingerprints when a person is arrested, upon initial appearance or arraignment, upon the conviction of the person, and when the person is received at a correctional facility, and providing that the set of fingerprints shall be provided to the Department of 1994-03-07 Senate Journal Page 3088 SB 321 Public Safety; relating to criminal and crime records and information; requiring the reporting of information concerning homicides, suspected homicides, and violent sexual assaults to the Department of Public Safety for analysis; requiring the Department of Public Safety to participate in the Federal Bureau of Investigation, Violent Crimes Apprehension Program." Signing do pass: Senator Taylor, Chair, Senators Halford, Donley, Little. Zero fiscal notes for the bill and the committee substitute published today from Department of Public Safety (2). SENATE BILL NO. 321 was referred to the Finance Committee. ANNOUNCEMENTS Announcements are at the end of the journal. ADJOURNMENT Senator Sharp, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 10:45 a.m., March 9, 1994. Without objection, the Senate adjourned at 3:17 p.m. Nancy Quinto Secretary of the Senate March 1994 1994-03-07 Senate Journal Page 3089 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 MAR 08 TUESDAY 9:00 AM NO MEETING SCHEDULED MAR 10 THURSDAY 9:00 AM SB 291 BOROUGH INCORPORATION & ANNEXATION BILLS PREVIOUSLY HEARD ---------------------------------------- FINANCE SENATE FINANCE 518 MAR 07 MONDAY 9:00 AM NO MEETING SCHEDULED MAR 08 TUESDAY 9:00 AM NO MEETING SCHEDULED MAR 09 WEDNESDAY 8:30 AM **TIME CHANGE** KEY CAMPAIGN PRESENTATION MAR 10 THURSDAY 8:30 AM **TIME CHANGE** SB 70 ASSISTIVE TECHNOLOGY LOAN GUARANTEES SB 217 INCREASE LAND GRANT TO UNIV. OF ALASKA SB 331 APPROP: BUDGET RESERVE FUND TO GEN.FUND SB 319 DRUG FREE RECREATION AND YOUTH CENTERS BILLS PREVIOUSLY HEARD MAR 11 FRIDAY 9:00 AM STATEWIDE SALMON FORUM JOINT WITH HOUSE FINANCE COMMITTEE MAR 12 SATURDAY 10:00 AM SB 26 LEGISLATIVE SESSIONS TO BE IN ANCHORAGE SB 225 INSURANCE TAX CREDIT:GIFTS TO COLLEGES SB 261 NO MUNICIPAL SALES TAXES ON AIR CARRIERS SB 294 PETERSBURG CANNED SALMON CLASSIC SB 330 WATER QUALITY FUNDS AND GRANTS BILLS PREVIOUSLY HEARD ---------------------------------------- 1994-03-07 Senate Journal Page 3090 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 07 MONDAY 1:30 PM NO MEETING SCHEDULED MAR 09 WEDNESDAY 1:30 PM SB 249 REGULATION OF ASSISTED LIVING HOMES SB 298 LICENSING OF PHYSICIANS -- WORK SESSION ON HEALTH REFORM -- <TELECONFERENCE - LISTEN ONLY> SB 270 COMPREHENSIVE HEALTH CARE SB 284 COMPREHENSIVE HEALTH INSURANCE ACT MAR 11 FRIDAY 1:30 PM SB 201 INSURANCE RATES & BENEFIT COORDINATION -- WORK SESSION ON HEALTH REFORM -- <TELECONFERENCE - LISTEN ONLY> SB 270 COMPREHENSIVE HEALTH CARE SB 284 COMPREHENSIVE HEALTH INSURANCE ACT ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAR 07 MONDAY 1:30 PM NO MEETING SCHEDULED MAR 09 WEDNESDAY 1:15 PM **TIME AND LOCATION CHANGES** CONFIRMATION HEARING: ..BRUCE BOTELHO AS ATTORNEY GENERAL JOINT WITH HOUSE JUDICIARY COMMITTEE ****BILL SESSION TO FOLLOW IN BELTZ ROOM 211**** SB 170 DISPOSITION OF PERMANENT FUND INCOME HB 71 DISSOLUTION OF NATIVE CORPORATIONS HB 280 UNIFORM CUSTODIAL TRUST ACT HB 415 1994 REVISOR'S BILL HB 254 OPEN MEETING ACT <FOR ADOPTION AND CIRCULATION OF COMMITTEE ..SUBSTITUTE FOR INFORMATIONAL PURPOSES ONLY ..PUBLIC HEARING TO BE SCHEDULED NEXT WEEK> MAR 11 FRIDAY 1:30 PM BILLS PREVIOUSLY HEARD SB 332 WEIGHT OF LIVE MARIJUANA PLANTS SB 223 TAX CREDIT: GIFTS TO PUBLIC BROADCASTING SB 256 INCREASE AVIATION FUEL TAX ---------------------------------------- 1994-03-07 Senate Journal Page 3091 LABOR & COMMERCE FAHRENKAMP ROOM 203 MAR 08 TUESDAY 1:30 PM HB 327 EXTEND BOARD OF VETERINARY EXAMINERS SB 245 PERMANENT FUND INVESTMENTS IN REAL ESTATE SB 213 APUC EXTENSION AND REGULATORY COST CHARGE <RESCHEDULED TO 03/10/94> BILLS PREVIOUSLY HEARD MAR 10 THURSDAY 1:30 PM SB 213 APUC EXTENSION AND REGULATORY COST CHARGE <RESCHEDULED FROM 03/08/94> SB 227 MOTOR VEHICLE RENTAL TERMS SB 340 DAMAGES & ATTY FEES FOR UNPAID WAGES SB 341 EXTEND TOURISM MARKETING COUNCIL BILLS PREVIOUSLY HEARD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAR 07 MONDAY 3:30 PM NO MEETING SCHEDULED MAR 09 WEDNESDAY 3:30 PM HB 232 BOW HUNTING STAMP & BOW HUNTING SAFETY SB 295 GRANTS/LOANS FOR STORAGE TANK OWNERS BRIEFING: REAUTHORIZATION OF CLEAN WATER ACT ..AND SAFE DRINKING WATER ACT BY REGION X ..DIRECTOR CHUCK FINDLEY BRIEFING: WATER/WASTEWATER WORKS ADVISORY BOARD MAR 11 FRIDAY 3:30 PM SB 299 REPEAL ADMINISTRATIVE WATER FEE <TELECONFERENCE ON ABOVE BILL> SCR 16 USE OF STATE GEOGRAPHIC INFORMATION ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAR 09 WEDNESDAY 9:00 AM **LOCATION CHANGE** HJR 43 RIGHTS OF CRIME VICTIMS SB 279 DWI LAWS HB 368 REAPPLICATION PERIOD FOR 1993 PF DIVIDEND HCR 25 STATE INDUSTRIAL MATERIALS EXCHANGE HCR 29 COMMEND AIR FORCE: ENVIR IMPACT STATEMENT HCR 30 TWENTY-SIXTH ANNUAL GIRLS STATE BILLS PREVIOUSLY HEARD 1994-03-07 Senate Journal Page 3092 STATE AFFAIRS CONTINUED MAR 11 FRIDAY 9:00 AM HB 313 IMPOSITION/REVOCATION,SUSPENDED SENTENCES SB 273 CAMPAIGN DISCLOSURE REPORT FILINGS SB 248 ASSIST & PROTECT VULNERABLE ADULTS SB 250 REVISE OLDER ALASKANS COMMISSION SB 21 MISC. GRANDPARENT VISITATION RIGHTS BILLS PREVIOUSLY HEARD MAR 16 WEDNESDAY 9:00 AM HB 61 LOWER ALCOHOL LIMIT TO 0.08 FOR OMVI'S <PENDING REFERRAL> SB 333 DISCLOSURE OF EXEC.BR. CLOSE ASSOCIATIONS BILLS PREVIOUSLY HEARD ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 MAR 08 TUESDAY 3:30 PM NO MEETING SCHEDULED MAR 10 THURSDAY 3:30 PM HB 61 LOWER ALCOHOL LIMIT TO 0.08 FOR OMVI'S SB 327 TAX ON RESIDUAL MARINE FUEL OIL FINANCE SUBCOMMITTEES ADMINISTRATION SENATE FINANCE 518 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 ---------------------------------------- COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 MAR 08 TUESDAY 1:30 PM ********CANCELLED******** MAR 10 THURSDAY 1:30 PM ********CANCELLED******** 1994-03-07 Senate Journal Page 3093 FINANCE SUBCOMMITTEES CONTINUED CORRECTIONS SENATE FINANCE 518 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 ********CANCELLED******** ---------------------------------------- EDUCATION FAHRENKAMP ROOM 203 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 ---------------------------------------- FISH AND GAME SENATE FINANCE 518 MAR 10 THURSDAY 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 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 1994-03-07 Senate Journal Page 3094 FINANCE SUBCOMMITTEES CONTINUED LAW FAHRENKAMP ROOM 203 MAR 09 WEDNESDAY 3:30 PM *TO MEET BEFORE EDUCATION FINANCE SUBCOMMITTEE* ---------------------------------------- LEGISLATURE SENATE FINANCE 518 MAR 10 THURSDAY 3:30 PM ********CANCELLED******** ---------------------------------------- MILITARY & VETERANS AFFAIRS BUTROVICH ROOM 205 MAR 18 FRIDAY 4:00 PM BUDGET AMENDMENTS TELECONFERENCE <TENTATIVE> MAR 22 TUESDAY 0:00 AM **TIME AND LOCATION TO BE ANNOUNCED** CLOSEOUT <TENTATIVE> ---------------------------------------- PUBLIC SAFETY BUTROVICH ROOM 205 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 1994-03-07 Senate Journal Page 3095 FINANCE SUBCOMMITTEES CONTINUED TRANSPORTATION & PUBLIC FACILITIES 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 JOINT COMMITTEES LEGISLATIVE BUDGET AND AUDIT HOUSE FINANCE 519 MAR 10 THURSDAY 12:00 PM RPL'S, PRELIMINARY AUDITS, FINAL AUDITS REPORT ON ASSET ALLOCATION STRATEGY OF THE ..PERMANENT FUND ---------------------------------------- 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 1994-03-07 Senate Journal Page 3096 OTHER COMMITTEES ANCHORAGE CAUCUS SENATE FINANCE 518 MAR 10 THURSDAY 12:00 PM ANCHORAGE CAUCUS ---------------------------------------- CHILDREN'S CAUCUS BUTROVICH ROOM 205 MAR 16 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS MAR 30 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS ---------------------------------------- JOINT SESSION HOUSE CHAMBER MAR 09 WEDNESDAY 11:00 AM HSCR 3 DISAPPROVING EXECUTIVE ORDER NO. 89 CONFIRMATION OF THE OMBUDSMAN MAR 09 WEDNESDAY 4:30 PM PRESENTATION BY U.S. DEPARTMENT OF ENERGY ..ALASKAN NORTH SLOPE EXPORTS STUDY