Legislature(1993 - 1994)
1994-03-09 Senate Journal
Full Journal pdf1994-03-09 Senate Journal Page 3099 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Wednesday March 9, 1994 Fifty-ninth Day Pursuant to adjournment the Senate was called to order by President Halford at 10:50 a.m. The roll showed thirteen members present. Senators Adams, Donley, Kerttula, Miller, Pearce, Rieger, Zharoff were absent. The prayer was offered by the Chaplain, Senator Taylor. Senator Duncan led the Senate in the pledge of allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journals for the fifty-third, fifty-fourth, fifty-fifth, fifty-sixth, fifty-seventh and fifty-eighth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senators Donley, Pearce, Kerttula, Zharoff was noted. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 10:57 a.m. 3099 1994-03-09 Senate Journal Page 3100 AFTER RECESS JOINT SESSION IN THE HOUSE Speaker Barnes called the House to order and in accordance with Uniform Rule 51 turned the gavel over to President Halford at 11:10 a.m. The purpose of the Joint Session was to consider SPONSOR SUBSTITUTE FOR HOUSE SPECIAL CONCURRENT RESOLUTION NO. 3, Disapproving Executive Order No. 89 and the appointment of the Ombudsman. The roll of the Senate showed nineteen members present. Senator Jacko was absent. The roll of the House showed thirty-seven members present. Representatives Hoffman, Mackie, Ulmer were excused from a call of the House. HSCR 3 SPONSOR SUBSTITUTE FOR HOUSE SPECIAL CONCURRENT RESOLUTION NO. 3 Disapproving Executive Order No. 89, was read. (See House Journal, page 2599) The question being: "Shall SPONSOR SUBSTITUTE FOR HOUSE SPECIAL CONCURRENT RESOLUTION NO. 3 Disapproving Executive Order No. 89, pass the Joint Session?" The roll of the House was taken with the following result: HOUSE SSHSCR 3 Final Passage YEAS: 27 NAYS: 10 EXCUSED: 3 ABSENT: 0 1994-03-09 Senate Journal Page 3101 HSCR 3 Yeas: Barnes, Brice, Brown, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Kott, MacLean, Menard, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Vezey, Williams, Willis Nays: Bunde, Davidson, Grussendorf, Hudson, James, Larson, Martin, Moses, Nicholia, Toohey Excused: Hoffman, Mackie, Ulmer The roll of the Senate was called with the following result: SSHSCR3 Final Passage YEAS: 10 NAYS: 9 EXCUSED: 0 ABSENT: 1 Yeas: Duncan, Ellis, Kelly, Lincoln, Little, Pearce, Salo, Zharoff, Adams, Donley Nays: Frank, Kerttula, Leman, Miller, Phillips, Rieger, Sharp, Taylor, Halford Absent: Jacko TOTAL: YEAS: 37 NAYS: 19 EXCUSED: 3 ABSENT: 1 and so, SPONSOR SUBSTITUTE FOR HOUSE SPECIAL CONCURRENT RESOLUTION NO. 3 passed the Joint Session. SPONSOR SUBSTITUTE FOR HOUSE SPECIAL CONCURRENT RESOLUTION NO. 3 was referred to the Chief Clerk for engrossment and enrollment. OMBUDSMAN SELECTION Stuart C. Hall Senator Taylor moved that the appointment of Stuart C. Hall as Ombudsman be confirmed. 1994-03-09 Senate Journal Page 3102 The question being: "Shall the appointment of Stuart C. Hall as Ombudsman be confirmed?" The roll of the Senate was called with the following result: SENATE Ombudsman Confirm - Stuart C. Hall YEAS: 17 NAYS: 2 EXCUSED: 0 ABSENT: 1 Yeas: Ellis, Frank, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Taylor, Zharoff, Donley, Duncan, Halford Nays: Sharp, Adams Absent: Jacko The roll of the House was taken with the following result: HOUSE Ombudsman Confirm - Stuart C. Hall YEAS: 25 NAYS: 12 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Brice, Brown, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Grussendorf, Hudson, James, Larson, Mulder, Navarre, Nicholia, Nordlund, Olberg, Phillips, Porter, Sitton, Therriault, Vezey, Williams, Willis Nays: Bunde, Foster, Green, Hanley, Kott, MacLean, Martin, Menard, Moses, Parnell, Sanders, Toohey Excused: Hoffman, Mackie, Ulmer TOTAL: YEAS: 42 NAYS: 14 EXCUSED: 3 ABSENT: 1 and so, Stuart C. Hall was confirmed. Senator Taylor moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, the Joint Session adjourned at 11:17 a.m. 1994-03-09 Senate Journal Page 3103 AFTER RECESS IN THE SENATE The Senate reconvened at 11:49 a.m. MESSAGES FROM THE HOUSE Messages of March 4 and March 7 were read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 26 HOUSE CONCURRENT RESOLUTION NO. 26 BY THE HOUSE LABOR AND COMMERCE COMMITTEE, Declaring 1994 to be the year of Vancouver. was read the first time and referred to the State Affairs Committee. HCR 27 HOUSE CONCURRENT RESOLUTION NO. 27 BY REPRESENTATIVES BUNDE, Kott, Relating to support for the National Rifle Association's gun safety program for children. was read the first time and referred to the State Affairs Committee. FIRST READING AND REFERENCE OF HOUSE BILLS HB 306 CS FOR HOUSE BILL NO. 306(RES) BY THE HOUSE RESOURCES COMMITTEE, entitled: "An Act relating to an optional municipal tax credit for costs of certain river habitat protection improvements." 1994-03-09 Senate Journal Page 3104 HB 306 was read the first time and referred to the Rules Committee. President Halford stated the Finance Committee reported SENATE BILL NO. 240 "An Act relating to an optional municipal tax credit for costs of certain river habitat protection improvements" (a similar bill) out of committee, page 2957, with a "do pass." Senators Salo, Pearce, Leman added their names as cross sponsors on the bill. HB 333 CS FOR HOUSE BILL NO. 333(RES) BY THE HOUSE RESOURCES COMMITTEE, entitled: "An Act amending the Alaska Land Act to define the term `state selected land' for the purpose of recognizing mining locations, and giving retrospective effect to the amendment; and providing for an effective date." was read the first time and referred to the Resources and Judiciary Committees. HB 394 HOUSE BILL NO. 394 BY REPRESENTATIVE MOSES, entitled: "An Act relating to limited partnerships; and providing for an effective date." was read the first time and referred to the Labor and Commerce Committee. HB 398 CS FOR HOUSE BILL NO. 398(RES) BY THE HOUSE RESOURCES COMMITTEE, entitled: "An Act relating to conveyance of certain land to municipalities." was read the first time and referred to the Community and Regional Affairs and Resources Committees. 1994-03-09 Senate Journal Page 3105 HB 454 CS FOR HOUSE BILL NO. 454(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act making a supplemental appropriation to the Department of Law to pay costs of certain continuing legal proceedings; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. STANDING COMMITTEE REPORTS SB 322 The Rules 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." Signing to calendar: Senator Halford, Chair, Senators Zharoff, Rieger, Jacko. Signing no recommendation: Senator Little. SENATE BILL NO. 322 is on today's calendar. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 343 SENATE BILL NO. 343 BY THE SENATE TRANSPORTATION COMMITTEE, entitled: "An Act relating to the operation of courtesy cars at certain airports." was read the first time and referred to the Transportation Committee. SB 344 SENATE BILL NO. 344 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the establishment, collection, and enforcement of an employment tax; and providing for an effective date." 1994-03-09 Senate Journal Page 3106 SB 344 was read the first time and referred to the Labor and Commerce, Judiciary and Finance Committees. Fiscal notes published today from Department of Labor, Department of Revenue, Department of Commerce and Economic Development, Department of Administration. Zero fiscal notes published today from Department of Administration, Department of Law, Department of Environmental Conservation, Department of Military and Veterans Affairs, Department of Natural Resources, Department of Transportation and Public Facilities, Department of Public Safety, Department of Corrections, Department of Health and Social Services, Department of Community and Regional Affairs. Governor's transmittal letter dated March 7: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill instituting an employment tax of $100 per year on individuals working in Alaska. This employment tax bill is one of several relatively modest revenue proposals I am offering this session to help offset the large revenue shortfalls that Alaska is facing in fiscal year 1995 and will be facing in the years to follow. Tax proposals are never popular, but it is time for Alaska's leaders to face the reality that with lower oil revenue, Alaska can no longer afford to provide necessary state services without a larger contribution from both Alaska residents and non-resident workers. Budget cuts alone cannot fill the revenue shortfalls without causing a major impact on the state economy. Some use of the state's reserve funds will undoubtedly be necessary to help balance the budget, but relying solely on reserves to make ends meet will deplete these funds rapidly and leave the state in a more serious fiscal situation two to three years from now. 1994-03-09 Senate Journal Page 3107 SB 344 Relying on reserve funds to solve this year's fiscal dilemma would be the easy way out, but our leadership responsibilities require state leaders to make some tough decisions, and to reach a fiscal solution that does not solve this year's problem at the expense of aggravating Alaska's future fiscal health. New revenue is an essential part of this solution. It is important to keep in mind that if the employment tax and the other proposals that I have introduced are all enacted into law, Alaskans will still have by far the lowest state tax burden in the nation. And when the permanent fund dividend is included, Alaskans will still on balance pay nothing for state services, because the dividend will continue to more than offset the total of state taxes and fees collected from individuals. The employment tax would be levied on individuals age 19 and older working in Alaska, whether employed by others or self- employed. At $100 per year, the tax is expected to generate about $31 million annually, with about 25 percent of the total tax collections contributed by non-resident workers. Remittance of the employment tax withheld by employers would be streamlined by linking the remittance with the other payroll taxes that employers are required to report and remit to the state. In addition, the bill contains a provision to minimize the burden of the tax by spreading the collection of the tax over more than one paycheck for low-wage or part-time workers. In summary, the employment tax is a modest revenue measure that will help balance the state budget not only in fiscal year 1995, but in the following years as well. I urge your support for this legislation. Sincerely, /s/ Walter J. Hickel Governor 1994-03-09 Senate Journal Page 3108 SB 345 SENATE BILL NO. 345 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: "An Act requiring a mobile home owner to obtain a certificate of title and requiring the Department of Public Safety to issue a certificate of title to a mobile home owner." was read the first time and referred to the State Affairs and Finance Committees. SB 346 SENATE BILL NO. 346 BY THE SENATE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: "An Act requiring that charitable gaming permittees, operators, and vendors may not turn over a pull tab or bingo prize of $50 or more to a person entitled to that prize unless the person provides certain information to the permittee, operator, or vendor and signs a receipt for the prize; requiring the reporting of winners of prizes of $50 or more to the Department of Health and Social Services to ensure that recipients of services provided by the Department of Health and Social Services are reporting charitable gaming winnings and are eligible for those services." was read the first time and referred to the Labor and Commerce, Health, Education and Social Services, Judiciary and Finance Committees. SB 347 SENATE BILL NO. 347 BY THE SENATE JUDICIARY COMMITTEE, entitled: "An Act relating to limited liability companies; amending Alaska Rules of Civil Procedure 20 and 24; and providing for an effective date." 1994-03-09 Senate Journal Page 3109 SB 347 was read the first time and referred to the Labor and Commerce and Judiciary Committees. SB 348 SENATE BILL NO. 348 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to partnerships; amending Alaska Rules of Civil Procedure 20 and 24; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Judiciary Committees. SB 349 SENATE BILL NO. 349 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act amending Alaska Rule of Criminal Procedure 6(r) relating to admissibility of hearsay evidence by peace officers before the grand jury." was read the first time and referred to the State Affairs and Judiciary Committees. Zero fiscal notes published today from Department of Law, Department of Public Safety, Department of Administration (2). Governor's transmittal letter dated March 9: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that amends Alaska Rule of Criminal Procedure 6(r) to allow one peace officer, such as an Alaska state trooper or police officer, to testify at grand jury as to what another peace officer heard, said, or did in the course of a criminal investigation. This will reduce the number of peace officers that must be involved and required to testify when a case is presented to a grand jury, especially when the peace officers may have only played a minor role in the investigation. 1994-03-09 Senate Journal Page 3110 SB 349 In federal courts in Alaska, the lead case agent on a particular investigation simply comes before the federal grand jury and testifies about the entire scope of what was learned during the course of an investigation. If 12 law enforcement agents were involved, the federal court rules do not require all 12 agents to personally appear and testify before the grand jury. The federal rules allow for just one case agent to appear and testify before the grand jury -- leaving the other 11 agents available on the street to fight crime. This is not the situation in Alaska's state courts. Because hearsay evidence is generally not allowed to be presented before the grand jury in criminal cases, the lead peace officer investigating the case cannot simply testify about what that officer learned from fellow officers conducting the investigation. The lead officer cannot even testify before the grand jury about what that officer heard over police radio -- the police dispatcher who made the particular radio transmission must be called into court to testify about the statement in person. It frequently takes many work hours to prepare, and to be present, to testify. As the federal courts in Alaska routinely prove, Alaska's hearsay rule does not provide any greater protection of the constitutional rights of Alaskans than does the federal practice. The present state court rule unnecessarily pulls dozens of peace officers off patrol every month simply to wait around to testify. The language in Alaska Rule of Criminal Procedure 6(r), which presently prohibits virtually all hearsay testimony in the grand jury, should be amended to permit peace officers to testify as to what their fellow officers saw or heard -- for example, as to the contents of their fellow officers' official police reports. The state is presently facing a projected decline in revenue. This simple, constitutional, rule change can reduce grand jury costs to the state by allowing one officer, rather than many, to present the relevant evidence, at the same time freeing up on testifying officers to do essential public 1994-03-09 Senate Journal Page 3111 SB 349 protection duties. If this bill is enacted, we could save money and keep Alaska's police and troopers out on the street fighting crime, without affecting the quality of evidence presented to the grand jury. I urge your favorable action on this bill. Sincerely, /s/ Walter J. Hickel Governor SB 350 SENATE BILL NO. 350 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to a defendant's violation of conditions of release; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. Fiscal note published today from Department of Corrections. Zero fiscal notes published today from Department of Administration (2), Department of Law, Department of Public Safety. Governor's transmittal letter dated March 9: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that would allow peace officers to make warrantless arrests when they have reasonable cause to believe that a defendant is violating the conditions of release imposed by a court in certain types of cases, including stalking, assault, sexual assault, and domestic violence cases. The bill would allow peace officers to take immediate action to protect the public, rather than requiring that they contact a prosecutor and a judge before arresting the defendant. 1994-03-09 Senate Journal Page 3112 SB 350 For example, if a person accused of stalking, domestic violence, assault, or sexual assault confronts the victim while the person is released on bail, or violates another condition of release, peace officers are rarely able to protect the victim or the public in general by making an immediate arrest. Typically, the peace officer must first meet with a prosecutor, go into court to file a motion, and obtain a court order before they can act to put the defendant back in jail. Since a large percentage of these incidents occur late at night and often involve alcohol or drug use by the defendant, these situations are particularly dangerous for victims -- and challenging for peace officers, prosecutors, and judges. The bill authorizes the warrantless arrest of defendants who have violated conditions of release imposed by the court for certain offenses to the same extent that warrantless arrests are already authorized under existing law for the initial commission of these same offenses. The bill would permit peace officers to promptly arrest accused stalkers and other offenders who confront their victims, or otherwise violate conditions of release, while on bail. Protecting Alaskans from stalkers and domestic violence requires giving peace officers the tools to act -- to intervene -- and to do so immediately. I urge your favorable action on this bill. Sincerely, /s/ Walter J. Hickel Governor SB 351 SENATE BILL NO. 351 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act amending Alaska Rule of Evidence 404, relating to the admissibility of certain character evidence in court proceedings." 1994-03-09 Senate Journal Page 3113 SB 351 was read the first time and referred to the State Affairs and Judiciary Committees. Zero fiscal notes published today from Department of Administration (2), Department of Law, Department of Public Safety. Governor's transmittal letter dated March 9: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that amends Alaska Rule of Evidence 404 in several respects to help protect the victims of crimes in this state. In far too many cases of sexual assault, domestic violence, and child sexual abuse, Alaska's victims are often themselves "put on trial" in the course of criminal proceedings. The emotional trauma that such crime victims routinely suffer in the criminal justice system can in some cases be nearly as traumatic as the crime itself. Therefore, in order to address these problems and to better protect Alaska's citizenry, especially women and children who are frequently the victims of these crimes, we have proposed three changes to Rule of Evidence 404 which are intended to accomplish the following three goals. The first goal is to reduce the number of times a sexual assault victim is "put on trial" by authorizing the admission into evidence of other sexual assaults or attempted sexual assaults by the defendant if the defendant claims that the victim voluntarily "consented" to the sexual activity. When a defendant argues that the victim consented, the prosecution should be permitted to stand up for the victim and rebut this claim by introducing evidence to the jury that the defendant has sexually assaulted or attempted to sexually assault other victims in the past. 1994-03-09 Senate Journal Page 3114 SB 351 The second goal is to similarly protect Alaska's sexually abused children. Rule of Evidence 404(b) was intended to prevent sexual predators and other child abusers from manipulating juries by hiding their past crimes of this type. Unfortunately, a confusing and unnecessary phrase -- "to show a common scheme or plan" -- has been misinterpreted by several Alaska courts to exclude evidence meant to be allowed under the rule. This bill would fix that problem by simply eliminating this confusing phrase. Evidence of other sexual assaults or sexual abuse by the defendant toward the same or another child should be admissible if those acts are similar to the offense charged, whether or not the evidence demonstrates a "common scheme or plan." This bill also specifies a 10-year time period as being not too remote for the admissibility of evidence of prior similar sexual assaults or sexual abuse offenses committed by the defendant against children. The third goal relates to evidence of past violence on the part of the defendant. In cases of domestic violence and other violent crimes, the defendant often claims that the victim was the initial aggressor. The defendant claims, in essence, that "the victim hit me first" and that therefore the victim "had it coming." Under the existing rule of evidence, the defendant is then permitted to introduce all sorts of evidence about the victim's past reputation for violence -- and hide the fact that the defendant's own past contains an even more violent record. This bill would fix the rule by permitting the prosecution to stand up for the victim, and to rebut these claims by introducing evidence of the defendant's own past violence. A defendant who claims that the victim was the aggressor should not be able to hide behind Rule 404 to keep a jury from learning that the defendant has an even greater reputation for violence in the community. The most common relevant character trait of the accused contemplated in this proposed amendment to Rule of Evidence 404(a) is the accuseds reputation for violence or aggression. 1994-03-09 Senate Journal Page 3115 SB 351 The changes proposed in this bill will help level the playing field for the state in its efforts to combat crime. I urge your favorable action on this bill. Sincerely, /s/ Walter J. Hickel Governor SB 352 SENATE BILL NO. 352 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the confidentiality of certain information in vehicle records; and providing for an effective date." was read the first time and referred to the State Affairs and Judiciary Committees. Fiscal note published today from Department of Public Safety. Zero fiscal notes published today from Department of Law, Department of Administration (2). Governor's transmittal letter dated March 9: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that generally makes confidential the addresses and telephone numbers of persons identified in registration records, titles, and documents maintained by the division of motor vehicles (DMV), Department of Public Safety. This information has been used by criminals to learn the residence address of a victim. Making this information generally confidential will help protect the public. 1994-03-09 Senate Journal Page 3116 SB 352 California passed nearly identical legislation after vehicle registration information was used in the notorious stalking murder of actress Rebecca Schaeffer in Los Angeles. Here in Alaska, a convicted murderer used DMV license plate information last year to identify the addresses of senior employees of a business before robbing them at gunpoint. As it stands now, if the public, including a person planning a crime, knows the license plate of a particular car, DMV must release the name, address and telephone number of the car owner as a public record. In order to protect the public -- and in keeping with Alaska's tradition of protecting the privacy of its citizens -- the attached bill amends AS28.05.061 to make the addresses and telephone numbers contained in DMV records confidential unless the requestor has a legitimate interest in the information, as determined under regulations adopted by the Department of Public Safety. I urge your favorable action on this bill. Sincerely, /s/ Walter J. Hickel Governor SB 353 SENATE BILL NO. 353 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act amending Alaska Rule of Criminal Procedure 24(d) relating to peremptory challenges of jurors in felony criminal proceedings." was read the first time and referred to the State Affairs and Judiciary Committees. 1994-03-09 Senate Journal Page 3117 SB 353 Zero fiscal notes published today from Department of Law, Department of Public Safety and Department of Administration (2). Governor's transmittal letter dated March 9: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to peremptory challenges of jurors in felony criminal proceedings. During jury selection for felony trials, such as for murder, sexual assault, domestic violence, or child abuse, peremptory challenges are used by both prosecutors and defense lawyers to remove potential jurors from the case in an effort to obtain a fair jury to hear the case. But current court rules allow criminal defendants to peremptorily challenge 10 jurors without stating a cause, while prosecutors are only permitted to challenge six on this basis. This difference in the court rules balances the scales unfairly, tilting jury selection in favor of criminal defendants. This bill will amend Alaska Rule of Criminal Procedure 24(d) to give prosecutors and defendants the same number of peremptory challenges in jury trials in felony criminal cases. This bill will help level the playing field in criminal prosecutions when trying to pick a fair jury to hear a criminal case. Also, allowing both sides six peremptory challenges may reduce the cost of criminal trials by reducing the time needed for jury selection. I urge your favorable action on this bill. Sincerely, /s/ Walter J. Hickel Governor 1994-03-09 Senate Journal Page 3118 CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 322 SENATE BILL NO. 322 "An Act repealing the limitation on delays imposed on oil and gas lease sales under the Alaska Land Act" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2989. Without objection, CS FOR SENATE BILL NO. 322(FIN) "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" was adopted. CS FOR SENATE BILL NO. 322(FIN) was read the second time. Senator Little offered Amendment No. 1 : Page 1, line 1, after "An Act": Insert "relating to the Alaska Land Act, amending the requirements relating to best interest findings and the requirements of notice and hearing applicable to the Department of Natural Resources under that Act as they relate to the disposition of state land, property, resources, or interests in them, and" Page 1, line 3: Delete "the Alaska Land" Insert "that" Page 1, line 6, after "Section 1.": Insert "AS38.05.035(e) is amended to read: (e) Upon the issuance of a final written finding that the interests of the state will be best served, the director may, with the consent of the commissioner, approve contracts for the sale, lease, or other disposal of available land, resources, property or interests in them, and, in addition to the conditions and limitations imposed by law, may impose additional conditions or limitations in 1994-03-09 Senate Journal Page 3119 SB 322 the contracts as the director determines, with the consent of the commissioner, will best serve the interests of the state. A written finding for an oil and gas lease sale under AS38.05.180 is subject to (g) of this section. A contract for the sale, lease, or other disposal of available land or an interest in land is not legally binding on the state until the commissioner approves the contract but, if the appraised value is not greater than $50,000 in the case of the sale of land or an interest in land, or $5,000 in the case of the annual rental of land or interest in land, the director may execute the contract without the approval of the commissioner. Before a public hearing, if held, or in any case not [NO] less than 180 days before the sale, lease, or other disposal of available land or an interest in land for oil and gas subject to AS38.05.180(b), the director shall make available to the public a preliminary written finding that sets out the facts and applicable law upon which the determination that the sale, lease, or other disposal will best serve the interests of the state will be based together with the information required by (g) of this section. Before a public hearing, if held, or in any case not less than 21 days before the sale, lease, or other disposal of available land, property, resources, or interests in them not subject to AS38.05.180(b), the director shall make available to the public a written finding that sets out the facts and applicable law upon which the determination that the sale, lease, or other disposal will best serve the interests of the state was based. For a sale, lease, or other disposal of available land or an interest in land for oil and gas subject to AS38.05.180(b), the director shall provide opportunity for public comment on the preliminary written finding for a period of not less than 60 days but the director may extend a public comment period on the preliminary written finding for an additional 30 days. Following receipt and consideration of any public comments to the preliminary written finding for a sale, lease, or other disposal of available land or an interest in land for oil and gas subject to AS38.05.180(b), the director shall prepare and issue a final written finding not less than 21 days before the sale, lease, or other disposal of available land, property, resources, or interests in them. The final written finding for a sale, lease, or other disposal of available land or an interest in land for oil and gas subject to AS38.05.180(b) must set out the facts and applicable law upon which the determination that the sale, lease, or other disposal will best serve the interests of the state was based, must 1994-03-09 Senate Journal Page 3120 SB 322 provide the information required by (g) of this section, and must be given notice as required by AS38.05.945(b)(3). A written finding is not required before the approval of (1) a contract for a negotiated sale authorized under AS38.05.115; (2) a lease of land for a shore fishery site under AS38.05.082; (3) a permit or other authorization revocable by the commissioner; (4) a mineral claim located under AS38.05.195; (5) a mineral lease issued under AS38.05.205; (6) a production license issued under AS38.05.207; (7) an exempt oil and gas sale under AS38.05.180(d) of acreage offered in a sale that was held within the previous five years if the sale was subject to a written best interest finding, unless the commissioner determines that new information has become available that justifies a revision of the best interest finding; or (8) a lease sale under AS38.05.180(w) of acreage offered in a sale that was held within the previous five years if the sale was subject to a best interest finding, unless the commissioner determines that new information has become available that justifies a revision of the best interest finding. * Sec. 2. AS38.05.035(g) is amended to read: (g) When the director prepares a preliminary written finding and the final written finding required under (e) of this section for an oil and gas lease sale scheduled under AS38.05.180, the director shall consider and discuss in the finding (1) facts that are known to the director at the time of preparation of the finding and that are material to the following matters or, for a final finding, to issues that were raised during the period allowed for receipt of public comment: (A) property descriptions and locations; (B) the petroleum potential of the sale area, in general terms; (C) fish and wildlife species and their habitats in the area; 1994-03-09 Senate Journal Page 3121 SB 322 (D) the current and projected uses in the area, including uses and value of fish and wildlife; (E) the governmental powers to regulate oil and gas exploration, development, production, and transportation; (F) the reasonably foreseeable cumulative effects of oil and gas exploration, development, production, and transportation on the sale area, including effects on subsistence uses, fish and wildlife habitat and populations and their uses, and historic and cultural resources; (G) lease stipulations and mitigation measures, including any measures to prevent and mitigate releases of oil and hazardous substances, to be included in the leases, and a discussion of the protections offered by these measures; (H) the method or methods most likely to be used to transport oil or gas from the lease sale area, and the advantages, disadvantages, and relative risks of each; (I) the reasonably foreseeable fiscal effects of the lease sale and the subsequent activity on the state and affected municipalities and communities, including the explicit and implicit subsidies associated with the lease sale, if any; (J) the reasonably foreseeable effects of oil and gas exploration, development, production, and transportation on municipalities and communities within or adjacent to the lease sale area; and (K) the bidding method or methods adopted by the commissioner under AS38.05.180; (2) a summary of agency and public comments received and the department's responses to those comments if the written finding is a final finding; and (3) the basis for the director's preliminary or final finding, as applicable, [DETERMINATION] that, on balance, leasing the area would be in the state's best interest. * Sec. 3." Page 2, following line 7: Insert new bill sections to read: "* Sec. 4. AS38.05.945(a) is amended to read: (a) This section establishes the requirements for notice given by the department for the following actions: 1994-03-09 Senate Journal Page 3122 SB 322 (1) classification or reclassification of state land under AS38.05.300 and the closing of land to mineral leasing or entry under AS38.05.185; (2) zoning of land under applicable law; (3) each of the following relating to interests in state land or resources: (A) a preliminary finding [A DECISION] under AS38.05.035(e) regarding the sale, lease, or disposal of an interest in state land or resources for oil and gas subject to AS38.05.180(b); (B) a final finding under AS38.05.035(e) regarding the sale, lease, or disposal of an interest in state land or resources for oil and gas subject to AS38.05.180(b); and (C) a decision under AS38.05.035(e) regarding the sale, lease, or disposal of an interest in state land or resources other than for oil and gas subject to AS38.05.180(b); (4) a competitive disposal of an interest in state land or resources after final decision under AS38.05.035(e); (5) a public hearing under AS38.05.856(b); (6) a preliminary finding under AS38.05.035(e) and 38.05.855(c) concerning sites for aquatic farms and related hatcheries. * Sec. 5. AS38.05.945(b) is amended to read: (b) When notice is required to be given under this section, (1) the notice must contain sufficient information in commonly understood terms to inform the public of the nature of the action and the opportunity of the public to comment on it; (2) if the notice is of an action described in (a)(3)(A) of this section, the department shall give notice for a period of at least seven consecutive days at the beginning of the period to receive public comment on the preliminary written finding, inviting the public to submit comments; the department shall give notice (A) by publication of a legal notice in newspapers of statewide circulation and in newspapers of general circulation in the vicinity of the proposed action; 1994-03-09 Senate Journal Page 3123 SB 322 (B) by publication of notice in display advertising form in the newspapers described in (A) of this paragraph; (C) by radio advertising in the vicinity of the proposed action; and (D) by placing copies of maps at public places in the vicinity of the proposed action; the maps must display the area proposed for disposal under this paragraph in relationship to adjacent communities, roads, and other readily identifiable natural features; (3) if the notice is of an action [NOTICE OF ONE OR MORE ACTIONS] described in (a)(1), (2), (3)(B) or (C), or (4) - (6) [(a)] of this section, the department shall give notice [SHALL BE GIVEN] at least 30 days before the action by publication in newspapers of statewide circulation and in newspapers of general circulation in the vicinity of the proposed action; (4) in addition to compliance with the requirements of the appropriate paragraphs of this subsection, the department shall give notice using [AND] one or more of the following methods: (A) [(1)] publication through public service announcements on the electronic media serving the area affected by the action; (B) [(2)] posting in a conspicuous location in the vicinity of the action; (C) [(3)] notification of parties known or likely to be affected by the action; or (D) [(4)] another method calculated to reach affected persons. [A NOTICE SHALL CONTAIN SUFFICIENT INFORMATION IN COMMONLY UNDERSTOOD TERMS TO INFORM THE PUBLIC OF THE NATURE OF THE ACTION AND THE OPPORTUNITY OF THE PUBLIC TO COMMENT ON THE ACTION.] * Sec. 6. AS38.05.945(c) is amended to read: (c) When notice is required to be given under (b) of this section for an [NOTICE AT LEAST 30 DAYS BEFORE] action under (a) of this section, the department shall also give notice, not later than the appropriate deadline set out in (b) of this section, [BE GIVEN] to the following: 1994-03-09 Senate Journal Page 3124 SB 322 (1) to a municipality if the land is within the boundaries of the municipality, to a coordinating body established by community councils in a municipality if the coordinating body or a community council within the area served by a coordinating body requests notice in writing; [:] if there is no coordinating body within the municipality, notice shall be provided to each community council established by the charter or ordinance of the municipality if the land is located within the boundaries of the municipality and if the community council requests notice in writing; (2) to a regional corporation if the boundaries of the corporation as established by 43 U.S.C. 1606(a) (sec.7(a) of the Alaska Native Claims Settlement Act) encompass the land and the land is outside a municipality; (3) to a village corporation organized under 43 U.S.C. 1607(a) (sec.8(a) of the Alaska Native Claims Settlement Act) if the land is within 25 miles of the village for which the corporation was established and the land is located outside a municipality; (4) to the postmaster of a permanent settlement of more than 25 persons located within 25 miles of the land if the land is located outside a municipality, with a request that the notice be posted in a conspicuous location; (5) to a nonprofit community organization or a governing body that has requested notification in writing and provided a map of its boundaries, if the land is within the boundaries." Renumber the following bill section accordingly. Senator Little moved for the adoption of Amendment No. 1. Senator Duncan called the Senate. President Halford stated the call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1994-03-09 Senate Journal Page 3125 SB 322 CSSB 322(FIN) Second Reading Amendment No. 1 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 1 failed. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 322(FIN) be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall CS FOR SENATE BILL NO. 322(FIN) be advanced to third reading?" The roll was taken with the following result: CSSB 322(FIN) Advance from Second to Third Reading? 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, the bill failed to advance to third reading. CITATIONS Honoring - Justine Muench by Senator(s) Duncan, Zharoff, Kerttula, Little Representative(s) Ulmer, Hudson 1994-03-09 Senate Journal Page 3126 Honoring - Tommy Moe by Representative(s) Toohey Senator(s) Kerttula, Zharoff, Leman, Donley, Taylor, Rieger, Duncan, Pearce, Adams, Kelly, Sharp, Phillips, Halford, Little, Salo, Lincoln, Jacko, Ellis Honoring - Megan Gerety by Representative(s) Toohey Senator(s) Zharoff, Leman, Kerttula, Donley, Taylor, Rieger, Duncan, Pearce, Adams, Kelly, Halford, Little, Salo, Lincoln, Ellis Honoring - Nina Kemppel by Representative(s) Toohey Senator(s) Zharoff, Leman, Kerttula, Donley, Taylor, Rieger, Duncan, Pearce, Adams, Kelly, Phillips, Halford, Little, Salo, Lincoln, Ellis Honoring - Senator Ted Stevens by Representative(s) Martin Senator(s) Leman, Zharoff, Kerttula, Taylor, Rieger, Duncan, Pearce, Adams, Phillips, Halford, Salo, Lincoln, Jacko, Little, Kelly, Frank Commemorating the Twentieth Anniversary of the Alaska Folk Festival by Representative(s) Ulmer, Hudson Senator(s) Duncan, Zharoff, Kerttula, Taylor, Pearce, Little, Salo, Lincoln, Ellis Honoring - Leonard Nugen - Retirement by Representative(s) Menard, Carney, Larson, Barnes Senator(s) Kerttula, Halford, Zharoff, Duncan, Pearce, Kelly, Leman, Phillips, Lincoln, Ellis Honoring - Lavon Barve, 1994 Yukon Quest Winner by Representative(s) Menard, Davies, Carney, Larson Senator(s) Kerttula, Halford, Zharoff, Rieger, Duncan, Pearce, Adams, Sharp, Leman, Phillips, Lincoln, Little, Salo Honoring - Michael R. Chmielewski, Alaska Counselor of the Year by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Zharoff, Duncan, Pearce, Leman, Lincoln, Salo, Ellis, Little, Donley 1994-03-09 Senate Journal Page 3127 Honoring - Jeffrey D. Trotter, Alaska Vocational Teacher of the Year by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Zharoff, Duncan, Pearce, Leman, Lincoln, Little, Salo, Ellis, Donley In Memoriam - Florence H. Brindle by Senator(s) Taylor, Zharoff, Kerttula, Duncan, Leman, Donley In Memoriam - Jeremiah C. Harrington by Representative(s) Mulder Senator(s) Phillips, Duncan, Leman, Zharoff, Pearce, Kelly, Halford, Taylor, Rieger In Memoriam - William "Wild Bill" Fenderson by Representative(s) Brice Senator(s) Frank, Duncan, Lincoln, Zharoff In Memoriam - Josiah William "Joe" Knox, Sr. by Representative(s) Davies, Brice, Sitton, Therriault, Vezey Senator(s) Frank, Duncan, Lincoln, Zharoff Honoring - Soldotna High School Boys Swim Team by Representative(s) G. Davis, Phillips, Navarre Senator(s) Little, Salo, Duncan, Leman, Zharoff, Pearce Honoring - Mavis Blazy-Lancaster, Soldotna Chamber of Commerce 1993 Person of the Year by Representative(s) G. Davis, Phillips, Navarre Senator(s) Little, Salo, Duncan, Lincoln, Leman, Zharoff, Pearce Honoring - Kenai River King Salmon Fund, Soldotna Chamber of Commerce Community and Civic Affairs Award by Representative(s) G. Davis, Phillips, Navarre Senator(s) Little, Salo, Duncan, Zharoff, Pearce, Rieger Honoring - Management and Staff of the Peninsula Clarion, Soldotna Chamber of Commerce Business People of the Year by Representative(s) G. Davis, Phillips, Navarre Senator(s) Little, Salo, Duncan, Zharoff, Pearce 1994-03-09 Senate Journal Page 3128 Honoring - Marlene Byerly, Soldotna Chamber of Commerce Excellence in Profession Award by Representative(s) G. Davis, Phillips, Navarre Senator(s) Little, Salo, Duncan, Zharoff, Pearce Honoring - Soldotna Rotary Club, Soldotna Chamber of Commerce Community and Civic Affairs Award by Representative(s) G. Davis, Phillips, Navarre Senator(s) Little, Salo, Duncan, Zharoff, Pearce Honoring - Tom Mears, Soldotna Chamber of Commerce Special Service Award by Representative(s) G. Davis, Phillips, Navarre Senator(s) Little, Salo, Duncan, Zharoff, Pearce Honoring - Vern Gehrke, Soldotna Chamber of Commerce Devoted Service to Young People Award by Representative(s) G. Davis, Phillips, Navarre Senator(s) Little, Salo, Duncan, Leman, Zharoff, Pearce Honoring - Bill and Maxine Bullington, Soldotna Chamber of Commerce 1993 Volunteers of the Year by Representative(s) G. Davis, Phillips, Navarre Senator(s) Little, Salo, Duncan, Zharoff, Pearce Honoring - Erin Cline, Homer Chamber of Commerce 1993 Outstanding Contribution by a Young Person by Representative(s) Phillips Senator(s) Little, Duncan, Leman, Zharoff, Pearce Honoring - Eagle Quality Center, Homer Chamber of Commerce 1994 Outstanding Community Service by a Business by Representative(s) Phillips Senator(s) Little, Duncan, Zharoff, Pearce Honoring - Kachemak Heritage Land Trust, Homer Chamber of Commerce 1993 Outstanding Non-Profit Organization by Representative(s) Phillips Senator(s) Little, Duncan, Zharoff, Pearce, Rieger 1994-03-09 Senate Journal Page 3129 Honoring - Homer High School Mariner Bands by Representative(s) Phillips Senator(s) Little, Duncan, Leman, Zharoff Honoring - Central Peninsula Crime Stoppers in Celebration of their Tenth Anniversary by Representative(s) Phillips, G. Davis Senator(s) Little, Duncan, Zharoff In Memoriam - Terris Moore by Representative(s) Phillips, Davies Senator(s) Duncan, Lincoln, Zharoff, Rieger Honoring - Steve Dean and Kevin Roscoe, Bronze Medalists, Olympic Ice Sculpture Championship by Representative(s) Brice Senator(s) Duncan, Zharoff Honoring - Aleutians East Borough's Community Health Aid Program by Representative(s) Toohey, Moses Senator(s) Duncan, Zharoff, Jacko, Pearce, Rieger Honoring - Margaret Guldseth, 1993 Homer Chamber of Commerce Citizen of the Year by Representative(s) Phillips Senator(s) Little, Duncan, Zharoff, Pearce Honoring - Alaska Seafood Marketing Institute by Representative(s) Ulmer, Hudson Senator(s) Duncan, Zharoff, Pearce 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. 1994-03-09 Senate Journal Page 3130 UNFINISHED BUSINESS SB 150 President Halford added a Senate Special Committee on Oil and Gas referral to CS FOR SENATE BILL NO. 150(FIN) am "An Act relating to the exploration and production of oil and gas and related hydrocarbons, to oil and gas exploration licenses and to oil and gas leases in certain areas of the state, and to the proof of financial responsibility required for the operation of facilities for the production of crude oil and associated hydrocarbons and facilities for exploration for oil and gas and related hydrocarbons; and extending the period in which a sale on the five-year oil and gas lease sale schedule may be delayed; and providing for an effective date." CS FOR SENATE BILL NO. 150(FIN) am was re-referred to the Senate Special Committee on Oil and Gas. HB 69 Senator Adams requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) am S "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)" be taken up at this time. HOUSE BILLS IN THIRD READING HB 69 SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) am S was before the Senate in third reading on reconsideration. Senator Adams moved that SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) am S be returned to second reading for the purpose of a specific amendment, that being Amendment No. 6. Without objection, the bill was returned to second reading. Senator Adams offered Amendment No. 6 : Page 5, following line 2: Insert a new paragraph to read: "(4) shall remove from the central registry of sex offenders information about a sex offender required to 1994-03-09 Senate Journal Page 3131 HB 69 register under AS 12.63.020(a)(2) at the end of the sex offender's duty to register if the offender has not been convicted of another sex offense; in this paragraph, "sex offense" has the meaning given in AS 12.63.100." Senator Adams moved for the adoption of Amendment No. 6. Senator Rieger objected. Senator Rieger offered an amendment to Amendment No. 6: after "offenders", add: "under AS 18.65.087" Senator Rieger moved and asked unanimous consent for the adoption of amendment to Amendment No. 6. Without objection, amendment to Amendment No. 6 was adopted. The question being: "Shall Amendment No. 6, as amended, be adopted?" The roll was taken with the following result: SCS CSHB 69(RLS) am S Second Reading Amendment No. 6, as amended YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Halford, Jacko, Kelly, Lincoln, Little, Pearce, Phillips, Rieger, Salo, Taylor, Zharoff Nays: Ellis, Kerttula, Leman, Miller, Sharp and so, Amendment No. 6, as amended was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) am S was automatically in third reading. Senator Kelly moved that SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) am S be returned to second reading for the purpose of a specific amendment, that being Amendment No. 7. Objections were heard, then withdrawn. There being no further objections, the bill was returned to second reading. 1994-03-09 Senate Journal Page 3132 HB 69 Senator Kelly offered Amendment No. 7 : After the text from Amendment No. 3 (page 3059): Add: "A decision made by this waiver procedure is final and may not be appealed." Senator Kelly moved for the adoption of Amendment No. 7. Senator Adams objected, then withdrew his objection. There being no further objections, Amendment No. 7 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) am S was automatically in third reading. Senator Duncan called the Senate. President Halford stated the call was satisfied. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) am S "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)" pass the Senate?" The roll was taken with the following result: SCS CSHB 69(RLS) am S Third Reading - On Reconsideration Court Rule changes 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 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) am S passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule changes. Without objection, it was so ordered. 1994-03-09 Senate Journal Page 3133 HB 69 SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) am S was referred to the Secretary for engrossment. UNFINISHED BUSINESS SB 119 Senator Salo moved and asked unanimous consent that she be shown as a cosponsor on SENATE BILL NO. 119 "An Act relating to child care in state buildings; and providing for an effective date." Without objection, it was so ordered. SB 120 Senator Salo moved and asked unanimous consent that she be shown as a cosponsor on SENATE BILL NO. 120 "An Act prohibiting employment discrimination based on weight." Without objection, it was so ordered. SB 136 Senator Salo moved and asked unanimous consent that she be shown as a cosponsor on SENATE BILL NO. 136 "An Act relating to a curriculum for Native language education; and providing for an effective date." Without objection, it was so ordered. SB 252 Senator Salo moved and asked unanimous consent that she be shown as a cosponsor on SENATE BILL NO. 252 "An Act prohibiting the possession of child pornography." Without objection, it was so ordered. SB 259 Senator Salo moved and asked unanimous consent that she be shown as a cosponsor on SENATE BILL NO. 259 "An Act establishing the Alaska Public Health Commission." Without objection, it was so ordered. Senator Zharoff moved and asked unanimous consent that he be excused from the Senate, not subject to a call, from March 10 to plane time, March 14. Without objection, Senator Zharoff was excused. 1994-03-09 Senate Journal Page 3134 Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate from morning plane time, March 14, to evening plane time, March 18. Without objection, Senator Lincoln was excused. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT HB 69 SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) am S "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)" 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 10, 1994. Without objection, the Senate adjourned at 1:33 p.m. Nancy Quinto Secretary of the Senate March 1994 1994-03-09 Senate Journal Page 3135 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 MAR 10 THURSDAY 9:00 AM SB 291 BOROUGH INCORPORATION & ANNEXATION BILLS PREVIOUSLY HEARD ---------------------------------------- FINANCE SENATE FINANCE 518 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 <BILL POSTPONED> SB 319 DRUG FREE RECREATION AND YOUTH CENTERS BILLS PREVIOUSLY HEARD MAR 11 FRIDAY 9:00 AM STATEWIDE SALMON FORUM 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 ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 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 1994-03-09 Senate Journal Page 3136 HEALTH, EDUCATION & SOCIAL SERVICES CONTINUED 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 CAPITOL ROOM 120 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 ---------------------------------------- LABOR & COMMERCE FAHRENKAMP ROOM 203 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 ---------------------------------------- 1994-03-09 Senate Journal Page 3137 RESOURCES BUTROVICH ROOM 205 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 ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAR 09 WEDNESDAY 0:00 AM **UPON ADJOURNMENT** SB 252 POSSESSION OF CHILD PORNOGRAPHY SJR 46 WAIVE IRS DIESEL FUEL DYE RULE SJR 17 MAGNUSON FISHERY CONSRV & MGT ACT SCR 17 HONORING TOMMY MOE SCR 15 TWENTY-EIGHTH ANNUAL BOYS' STATE SCR 13 GOLD RUSH CENTENNIAL DECADE HJR 36 REPEAL 100 HOUR RULE FOR AFDC PROGRAM HB 137 PAROLE OF TERMINALLY ILL PRISONERS HB 263 TAX EXEMPTION FOR CERTAIN PERSONAL PROP. HB 294 EXTEND THE BOARD OF PHARMACY ---------------------------------------- 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 1994-03-09 Senate Journal Page 3138 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 14 MONDAY 9:00 AM 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 MAR 18 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 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 10 THURSDAY 1:30 PM ********CANCELLED******** 1994-03-09 Senate Journal Page 3139 FINANCE SUBCOMMITTEES CONTINUED CORRECTIONS SENATE FINANCE 518 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 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 ---------------------------------------- HEALTH & SOCIAL SERVICES SENATE FINANCE 518 MAR 15 TUESDAY 3:30 PM DIVISION OF MEDICAL ASSISTANCE MAR 22 TUESDAY 3:30 PM DIVISION OF MENTAL HEALTH AND DEVELOPMENTAL ..DISABILITIES ---------------------------------------- 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******** ---------------------------------------- 1994-03-09 Senate Journal Page 3140 FINANCE SUBCOMMITTEES CONTINUED 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 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 ---------------------------------------- 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 1994-03-09 Senate Journal Page 3141 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 09 WEDNESDAY 11:30 AM COMMITTEE OF THE WHOLE ..OPEN SESSION SENATE SUBCOMMITTEE ..EXECUTIVE SESSION OTHER COMMITTEES ANCHORAGE CAUCUS SENATE FINANCE 518 MAR 10 THURSDAY 12:00 PM **TIME CHANGE** ---------------------------------------- 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 ---------------------------------------- OTHER MEETINGS MAR 09 WEDNESDAY 4:30 PM PRESENTATION BY U.S. DEPARTMENT OF ENERGY ..ALASKAN NORTH SLOPE EXPORTS STUDY