Legislature(1993 - 1994)
1994-03-29 Senate Journal
Full Journal pdf1994-03-29 Senate Journal Page 3387 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Tuesday March 29, 1994 Seventy-ninth Day Pursuant to adjournment the Senate was called to order by President Halford at 10:50 a.m. The roll showed eleven members present. Senator Ellis was excused from a call of the Senate. Senators Adams, Donley, Frank, Jacko, Lincoln, Little, Pearce, Rieger were absent. The prayer was offered by the Chaplain, Major Ray Gilman of the Salvation Army. Senator Taylor moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O God, our Father, giver of all that is good. We come into Your presence this day with praise upon our lips and joy in our hearts. We thank You for life, health, for all the beauty that surrounds us, and for the freedom that we enjoy in our nation. We ask You, Father, to bless this body of dedicated men and women who have chosen to become servants of the people that make Alaska their home. May their mission be to help maintain a high standard of living, and to help see that what we have and enjoy will be available to future generations. We have so much to be proud of, but may our pride never cloud our vision to what we may yet become. Grant this body the ability to see the needs of the people with clarity, and strive to meet their needs. 3387 1994-03-29 Senate Journal Page 3388 May each person feel that when this day is complete, that they have given it their best, realizing that everything said and done has been done so in Your presence. This we ask in Your most Holy Name. Amen. Senator Salo led the Senate in the pledge of allegiance. The presence of Senators Rieger, Sharp was noted. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the seventy-eighth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Message of March 28 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 183 CS FOR HOUSE BILL NO. 183(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act directing the identification and delineation of a transportation and utility corridor between Fairbanks and the Seward Peninsula; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. HB 497 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 497(CRA)(title am) BY THE HOUSE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE, entitled: 1994-03-29 Senate Journal Page 3389 HB 497 "An Act relating to the titles that describe the two principal executive officers of electric and telephone cooperatives." was read the first time and referred to the State Affairs and Labor and Commerce Committees. HB 504 HOUSE BILL NO. 504 BY THE HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS, entitled: "An Act relating to sale of alcoholic beverages to military personnel who are guests in certain clubs." was read the first time and referred to the State Affairs Committee. STANDING COMMITTEE REPORTS SB 255 The State Affairs Committee considered SENATE BILL NO. 255 "An Act establishing a comprehensive policy relating to human resource development in the state" and recommended it be replaced with CS FOR SENATE BILL NO. 255(STA) Signing no recommendation: Senator Leman, Chair, Senators Miller, Duncan, Taylor. Senator Taylor further signed: "What do it do?" Previous zero fiscal notes apply to the committee substitute. SENATE BILL NO. 255 was referred to the Rules Committee. SB 302 The State Affairs Committee considered SENATE BILL NO. 302 "An Act relating to the establishment, modification, and enforcement of support orders and the determination of parentage in situations involving more than one state; amending Alaska Rule of Administration 9; amending Alaska Rule of Civil Procedure 82; and providing for an effective date" and recommended it be replaced with 1994-03-29 Senate Journal Page 3390 SB 302 CS FOR SENATE BILL NO. 302(STA) Signing no recommendation: Senator Leman, Chair, Senators Miller, Duncan. Signing do not pass: Senator Taylor. Previous fiscal note and previous zero fiscal note apply to the committee substitute. SENATE BILL NO. 302 was referred to the Judiciary Committee. SB 306 The Resources Committee considered SENATE BILL NO. 306 "An Act relating to an antitrust exemption for persons engaged in the fishing industry." Signing no recommendation: Senator Miller, Chair, Senators Pearce, Frank. Signing do pass: Senators Leman, Zharoff. Zero fiscal note published today from Department of Labor. SENATE BILL NO. 306 was referred to the Judiciary Committee. SB 311 The Resources Committee considered SENATE BILL NO. 311 "An Act authorizing a credit against the fishery resource landing tax for certain contributions made by taxpayers not harvesting fisheries resources under a community development quota and for contributions based on fishery resources not harvested under a quota made by taxpayers harvesting fisheries resources under a community development quota, amending the manner of calculating the amount available for revenue sharing by operation of this credit, and expediting agency review of the credit applications under that tax; and providing for an effective date." Signing no recommendation: Senator Miller, Chair, Senators Pearce, Zharoff. Signing do pass: Senator Frank. Fiscal note published today from Department of Revenue. SENATE BILL NO. 311 was referred to the Finance Committee. 1994-03-29 Senate Journal Page 3391 HJR 43 The State Affairs Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to the rights of crime victims" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(STA), Proposing amendments to the Constitution of the State of Alaska relating to the rights of victims of crimes and to penal administration. (Title change authorized by Senate Concurrent Resolution No. 19) Signing do pass: Senator Leman, Chair, Senator Miller. Signing no recommendation: Senator Taylor. Previous House fiscal note and House zero fiscal notes apply to the Senate committee substitute. CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) was referred to the Judiciary Committee. HJR 50 The Resources Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) Relating to the North Pacific Fishery Management Council comprehensive rationalization plan. Signing do pass: Senator Miller, Chair, Senators Leman, Zharoff, Pearce, Frank. Previous House zero fiscal note. CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) was referred to the Judiciary Committee. HB 49 The State Affairs Committee considered CS FOR HOUSE BILL NO. 49(FIN) am "An Act relating to absentee voting, to electronic transmission of absentee ballot applications, to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term `state election' for purposes of absentee voting; and providing for an effective date" and recommended it be replaced with 1994-03-29 Senate Journal Page 3392 HB 49 SENATE CS FOR CS FOR HOUSE BILL NO. 49(STA) Signing do pass: Senator Leman, Chair, Senator Duncan. Signing no recommendation: Senators Miller, Taylor. Previous House fiscal note applies to the Senate committee substitute. CS FOR HOUSE BILL NO. 49(FIN) am was referred to the Finance Committee. The presence of Senators Donley, Pearce was noted. SPECIAL COMMITTEE REPORTS SB 54 Date: March 29, 1994 Mr. President: Madam Speaker: The Conference Committee considering CS FOR SENATE BILL NO. 54(FIN) "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to records of those offenses, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date" and HOUSE CS FOR CS FOR SENATE BILL NO. 54(FIN) am H "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to juvenile records, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date" having met and reached tentative agreement on a number of the secondary points, respectfully requests limited powers of free conference to resolve the remaining differences between them on the following principal points: 1994-03-29 Senate Journal Page 3393 SB 54 (1) Provisions relating to waiver of juvenile jurisdiction and, generally, to the exercise of court jurisdiction over juveniles: CSSB 54(FIN): Bill sections 4, 7, and 11 HCS CSSB 54(FIN) am H: Bill sections 11-13 and 15 (2) Sanctions and criminal sentences that may be imposed on juveniles: HCS CSSB 54(FIN) am H: Bill sections 4, 5, and 7 No directly comparable provisions in CSSB 54(FIN) (3) Provisions amending definitions of offenses: HCS CSSB 54(FIN) am H: That portion of bill section 2 proposing the amendment of AS 11.61.200(a)(10) No directly comparable provision in CSSB 54(FIN) (4) Provisions relating to records involving juveniles and access to them: CSSB 54(FIN): Bill sections 5, 8, and 9 HCS CSSB 54(FIN) am H: Bill sections 14, 17, and 18 and the definition of "victim" in section 20 (5) Applicability provisions: CSSB 54(FIN): Bill section 12 HCS CSSB 54(FIN) am H: Bill section 21 Signing the report: Senator Taylor, Chair, Representative Porter, Chair. President Halford granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. 1994-03-29 Senate Journal Page 3394 INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 19 SENATE CONCURRENT RESOLUTION NO. 19 BY THE SENATE STATE AFFAIRS COMMITTEE, Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Joint Resolution No. 43, relating to a constitutional amendment concerning victims of crime. was read the first time and referred to the State Affairs Committee. SJR 50 SENATE JOINT RESOLUTION NO. 50 BY THE SENATE RULES COMMITTEE, Requesting the governor to file suit in the United States Supreme Court against the United States government alleging violations of the civil rights of Americans listed as prisoners of war or missing in action in Southeast Asia; and requesting the other states to join in this suit. was read the first time and referred to the State Affairs Committee. SJR 51 SENATE JOINT RESOLUTION NO. 51 BY THE SENATE JUDICIARY COMMITTEE, Expressing support for the development of a fiberboard plant in Sitka; encouraging the Alaska Industrial Development and Export Authority to continue its efforts to assist with that development; and requesting the United States Forest Service to continue a long-term timber purchase contract necessary to supply material to the plant. was read the first time and referred to the Labor and Commerce Committee. 1994-03-29 Senate Journal Page 3395 SR 5 SENATE RESOLUTION NO. 5 BY THE SENATE RULES COMMITTEE, Requesting the governor to amend the names submitted to the United States Department of Commerce for possible appointment to the North Pacific Fishery Management Council. was read the first time and referred to the Rules Committee. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 10:59 a.m. 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 11:06 a.m. The purpose of the Joint Session was to hear the Honorable Daniel A. Moore, Jr., Chief Justice of the Supreme Court. President Halford appointed Senator Miller and Representative Grussendorf to escort Chief Justice Moore to the Joint Session. Senator Taylor moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. Without objection, it was so ordered. Representative Phillips moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. Without objection, it was so ordered. The Senate Sergeant-at-Arms announced the Chief Justice's entrance to the House Chamber. 1994-03-29 Senate Journal Page 3396 The Honorable Daniel A. Moore, Jr. was escorted to the rostrum and introduced by President Halford. Chief Justice Daniel A. Moore, Jr. introduced Justice Jay Rabinowitz, Justice Warren Matthews and Justice Alexander Bryner, pro tem. Chief Justice Moore delivered his address. This address appears in Senate and House Joint Journal Supplement No. 17. Following his address, the Chief Justice received a standing ovation and was escorted from the chamber by Representative Grussendorf and Senator Miller. Senator Taylor moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Halford adjourned the Joint Session at 11:27 a.m. AFTER RECESS IN THE SENATE The Senate reconvened at 11:33 a.m. ANNOUNCEMENTS Announcements are at the end of the journal. ENROLLMENT SJR 17 CS FOR SENATE JOINT RESOLUTION NO. 17(JUD) am H Relating to reauthorization of the Magnuson Fishery Conservation and Management Act, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 1:15 p.m., March 29, 1994. 1994-03-29 Senate Journal Page 3397 ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 30, 1994. Without objection, the Senate adjourned at 11:34 a.m. Nancy Quinto Secretary of the Senate March 1994 1994-03-29 Senate Journal Page 3398 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 MAR 29 TUESDAY 9:00 AM -- WORK SESSION -- SB 62 PUBLIC SCHOOL FOUNDATION PROGRAM MAR 31 THURSDAY 9:00 AM NO MEETING SCHEDULED APR 05 TUESDAY 9:00 AM NO MEETING SCHEDULED APR 07 THURSDAY 9:00 AM HB 446 ENVIRONMENTAL CONSERVATION AGREEMENTS ---------------------------------------- FINANCE SENATE FINANCE 518 MAR 29 TUESDAY 8:00 AM **TIME CHANGE** SB 363 APPROP: FY 95 CAPITAL PROJECTS AND GRANTS <AGENCY PROJECTS ONLY> BILLS PREVIOUSLY HEARD ****** RECESSED TO 6:30 PM ****** MAR 29 TUESDAY 6:30 PM SB 363 APPROP: FY 95 CAPITAL PROJECTS AND GRANTS <AGENCY PROJECTS ONLY> MAR 30 WEDNESDAY 9:00 AM CAMBRIDGE ENERGY RESEARCH ASSOCIATES, INC. ..OIL PRICE FORECAST & OTHER MARKET PREDICTIONS <TELECONFERENCE> JOINT WITH HOUSE FINANCE COMMITTEE BILLS PREVIOUSLY HEARD MAR 31 THURSDAY 8:00 AM **TIME CHANGE** ADMINISTRATIVE OVERVIEW OF SB 67 MENTAL HEALTH TRUST AMENDMENTS BILLS PREVIOUSLY HEARD (SHOULD THE HEARING LAST PAST 9:00 AM, IT WILL RECONVENE FOLLOWING ADJOURNMENT OF SESSION) SB 363 APPROP: FY 95 CAPITAL PROJECTS AND GRANTS <CONTINUATION OF AGENCY PROJECTS ONLY> ---------------------------------------- 1994-03-29 Senate Journal Page 3399 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 30 WEDNESDAY 1:30 PM SB 231 PAY PHYSICIAN ASSTS UNDER MEDICAID SB 301 REVISE FOUNDATION FORMULA, SMALL SCHOOLS <TELECONFERENCE ON ABOVE BILLS - LISTEN ONLY> SB 367 HEALTH CARE REFORM COMMITTEES <TELECONFERENCE ON ABOVE BILL> BILLS PREVIOUSLY HEARD APR 01 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAR 30 WEDNESDAY 1:30 PM BILLS PREVIOUSLY HEARD HCR 29 COMMEND AIR FORCE: ENVIR IMPACT STATEMENT SB 213 APUC EXTENSION AND REGULATORY COST CHARGE SB 228 NO BAIL FOR FELONS W/PREVIOUS CONVICTIONS SB 280 ESTABLISH AFOGNAK ISLAND STATE PARK APR 01 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP ROOM 203 MAR 29 TUESDAY 1:30 PM SB 193 DISCRIMINATION UNDER HEALTH INSURANCE SB 340 DAMAGES & ATTY FEES FOR UNPAID WAGES SB 359 INVESTMENT POOLS FOR PUBLIC ENTITIES SB 361 REAL ESTATE APPRAISERS SB 362 OMNIBUS INSURANCE REFORM MAR 31 THURSDAY 1:30 PM SB 305 LICENSING OF LANDSCAPE ARCHITECTS SB 346 REPORT CHARITABLE GAMING WINNERS SB 347 LIMITED LIABILITY COMPANIES SB 348 LIMITED LIABILITY PARTNERSHIPS HB 394 UNIFORM LIMITED PARTNERSHIP ACT UPDATE APR 19 TUESDAY 1:30 PM CONFIRMATION OF APPOINTMENTS ---------------------------------------- 1994-03-29 Senate Journal Page 3400 RESOURCES BUTROVICH ROOM 205 MAR 30 WEDNESDAY 3:30 PM SB 355 ADJUSTMENTS FOR DEFECTIVE SURVEY SB 325 TAKING OF ANTLERLESS MOOSE <TELECONFERENCE ON ABOVE BILL> BILLS PREVIOUSLY HEARD APR 01 FRIDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAR 29 TUESDAY 0:00 AM **TO MEET UPON ADJOURNMENT** HB 529 APPROP: AMEND CERTAIN FY 94 APPROPS SB 217 INCREASE LAND GRANT TO UNIV. OF ALASKA APR 05 TUESDAY 0:00 AM **TO MEET UPON ADJOURNMENT** SR 5 NO. PACIFIC FISHERY MANAGEMENT COUNCIL ---------------------------------------- STATE AFFAIRS BUTROVICH ROOM 205 MAR 30 WEDNESDAY 9:00 AM SB 365 GOVERNOR'S OMNIBUS BILL SB 358 ELIMINATE SOME STATE MULTIMEMBER BODIES SB 357 REQUIRED REPORTS OF STATE AGENCIES HB 315 THEFT OF SUBSCRIPTION TV SERVICES HB 323 RELEASE OF CERTAIN DEATH CERT. INFO HB 402 PROOF OF MOTOR VEHICLE INSURANCE APR 01 FRIDAY 9:00 AM NO MEETING SCHEDULED APR 04 MONDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 MAR 29 TUESDAY 3:30 PM NO MEETING SCHEDULED MAR 31 THURSDAY 3:30 PM SR 4 MOTOR VEHICLE EMISSION INSPECTION SB 343 COURTESY CARS OPERATED AT AIRPORTS SB 227 MOTOR VEHICLE RENTAL TERMS HB 407 COMMEMORATIVE GOLD RUSH LICENSE PLATES 1994-03-29 Senate Journal Page 3401 FINANCE SUBCOMMITTEES HEALTH & SOCIAL SERVICES SENATE FINANCE 518 MAR 29 TUESDAY 3:30 PM DIV/MENTAL HEALTH & DEVELOPMENTAL DISABILITIES <RESCHEDULED FROM 03/22/84> ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES BELTZ ROOM 211 MAR 29 TUESDAY 3:30 PM ********CANCELLED******** MAR 31 THURSDAY 3:30 PM ********CANCELLED******** APR 07 THURSDAY 3:30 PM BUDGET CLOSEOUT <TENTATIVE> <RESCHEDULED FROM 03/31/94> JOINT COMMITTEES SELECT CMTE ON LEGISLATIVE ETHICS BELTZ ROOM 211 APR 14 THURSDAY 1:00 PM **MEETING WILL CONTINUE INTO THE EVENING** AGENDA TO BE DISTRIBUTED AT LATER DATE APR 15 FRIDAY 8:00 AM **MEETING WILL CONTINUE UNTIL START OF SESSION** AGENDA TO BE DISTRIBUTED AT LATER DATE ---------------------------------------- LEGISLATIVE COUNCIL CAPITOL ROOM 30 APR 06 WEDNESDAY 4:00 PM STATUTE PUBLICATION RFP EVALUATION SUBCOMMITTEE ..WILL MEET IN EXECUTIVE SESSION TO DISCUSS ..EVALUATION OF RFP NO. 240 OTHER COMMITTEES CHILDREN'S CAUCUS BUTROVICH ROOM 205 MAR 30 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS APR 13 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS 1994-03-29 Senate Journal Page 3402 CHILDREN'S CAUCUS CONTINUED APR 27 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS ---------------------------------------- JOINT SESSION HOUSE CHAMBER MAR 29 TUESDAY 11:00 AM STATE OF THE JUDICIARY CHIEF JUSTICE DANIEL MOORE APR 07 THURSDAY 10:00 AM HONORABLE TED STEVENS UNITED STATES SENATE