Legislature(1995 - 1996)

1995-01-25 Senate Journal

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1995-01-25                     Senate Journal                      Page 0079
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                     NINETEENTH LEGISLATURE - FIRST SESSION                    
                                                                               
                                                                               
Juneau, Alaska                     Wednesday          January 25, 1995         
                                                                               
                                   Tenth Day                                   
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:11 a.m.                                                           
                                                                               
The roll showed seventeen members present.  Senators Leman,                    
Rieger, Taylor were absent.                                                    
                                                                               
The prayer was offered by the Chaplain, the Reverend Laura                     
Minnich Lockey of Holy Trinity Episcopal Church.                               
                                                                               
Senator Salo led the Senate in the pledge of allegiance.                       
                                                                               
The presence of Senator Leman was noted.                                       
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Halford moved and asked unanimous consent that the                     
journals for the eighth and ninth legislative days be approved as              
certified by the Secretary.  Without objection, it was so ordered.             
                                                                               
The presence of Senators Rieger, Taylor was noted.                             
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports were received and are on file in the Office of           
the Secretary of the Senate:                                                   
                                                                               
Monetary Terms of the Collective Bargaining Agreement with the                 
State of Alaska and the unlicensed employees of the Alaska Marine              
Highway System                                                                 
from Mark Boyer, Commissioner, Department of Administration                    
in accordance with AS 23.40.215                                                
                                                                               
                                       79                                      

1995-01-25                     Senate Journal                      Page 0080
Monetary Terms of the Collective Bargaining Agreement between the              
State of Alaska and the Labor, Trades and Crafts unit                          
from Mark Boyer, Commissioner, Department of Administration                    
in accordance with AS 23.40.215                                                
                                                                               
Monetary Terms of the Collective Bargaining Agreement between the              
State of Alaska and the Supervisory Unit                                       
from Mark Boyer, Commissioner, Department of Administration                    
in accordance with AS 23.40.215                                                
                                                                               
President Pearce referred the above reports to the Finance                     
Committee.                                                                     
                                                                               
Governor's Task Force on Community Jails, Final Report to                      
Governor Hickel, November, 1994                                                
from Representative Gail Phillips, Chair                                       
                                                                               
Alaska Industrial Development and Export Authority, 1994 Annual                
Report                                                                         
from William R. Snell, Executive Director                                      
in accordance with AS 44.88.210                                                
                                                                               
Public Employees' Retirement System/Teachers' Retirement System                
Comprehensive Annual Financial Report, Fiscal Year Ended June 30,              
1994                                                                           
from Dugan Petty, Acting Commissioner, Department of                           
Administration, Division of Retirement and Benefits                            
in accordance with AS 39.35.020(5) and AS 14.25.034(4)                         
                                                                               
Senator Lincoln announced a minority caucus.                                   
                                                                               
                                  RECESS                                   
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in recess for the purpose of a majority caucus.  Without                 
objection, the Senate recessed at 11:18 a.m.                                   
                                                                               
                                 AFTER RECESS                                
                                                                               
The Senate reconvened at 4:09 p.m.                                             
                                                                               
                                                                               

1995-01-25                     Senate Journal                      Page 0081
                         INTRODUCTION AND REFERENCE OF                        
                              SENATE RESOLUTIONS                              
                                                                               
SCR 6                                                                        
SENATE CONCURRENT RESOLUTION NO. 6 BY SENATORS                                 
PEARCE, Frank, Green, Halford, Kelly, Leman, Miller, Phillips,                 
Rieger, Sharp, Taylor, Torgerson,                                              
                                                                               
Strongly urging the Governor to continue the lawsuit                          
known as State of Alaska v. Babbitt, C.A. No. 94-                              
35480, and to pursue the State of Alaska's position                            
that the United States Secretary of the Interior and                           
Secretary of Agriculture do not have the authority                             
to assume management of fish and wildlife on                                   
public land in the State of Alaska.                                            
                                                                               
was read the first time.                                                       
                                                                               
President Pearce stated SENATE CONCURRENT RESOLUTION                           
NO. 6 would be held on the Senate Secretary's desk.                            
                                                                               
SJR 12                                                                       
SENATE JOINT RESOLUTION NO. 12 BY SENATORS TAYLOR,                             
Pearce,                                                                        
                                                                               
Relating to the United States Department of                                   
Agriculture, Forest Service; relating to the United                            
States Department of Agriculture, Forest Service,                              
strategic plan known as "Reinvention of the Forest                             
Service"; and advocating that implementation of the                            
plan be suspended pending Congressional review                                 
and consultation with local governments.                                       
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
                  INTRODUCTION AND REFERENCE OF SENATE BILLS                 
                                                                               
SB 46                                                                        
SENATE BILL NO. 46 BY SENATORS TAYLOR, Kelly, Pearce,                          
entitled:                                                                      
                                                                               

1995-01-25                     Senate Journal                      Page 0082
SB 46                                                                        
"An Act revising the provision of law under which                             
a minor may be charged, prosecuted, and sentenced                              
as an adult in the district court, and adding to the                           
list of offenses for which a minor may be                                      
prosecuted as an adult in the district court."                                 
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
SB 47                                                                        
SENATE BILL NO. 47 BY SENATOR KELLY, entitled:                                 
                                                                               
"An Act relating to the extent to which the Alaska                            
Public Utilities Commission may exercise its powers                            
when regulating utilities; establishing a regulatory                           
cost charge on public utilities and pipeline carriers;                         
relating to the allocation of costs in hearings before                         
the Alaska Public Utilities Commission; relating to                            
the method by which utilities are exempted from                                
and made subject to regulation by the Alaska Public                            
Utilities Commission; relating to the monetary                                 
threshold for regulation of certain kinds of utilities                         
by the Alaska Public Utilities Commission;                                     
extending the Alaska Public Utilities Commission;                              
relating to staggered terms for members of the                                 
Alaska Public Utilities Commission; and providing                              
for an effective date."                                                        
                                                                               
was read the first time and referred to the Labor and Commerce and             
Finance Committees.                                                            
                                                                               
SB 48                                                                        
SENATE BILL NO. 48 was not introduced.                                         
                                                                               
SB 49                                                                        
SENATE BILL NO. 49 BY SENATOR PEARCE, entitled:                                
                                                                               
An Act relating to the Board of Fisheries; and                                
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               

1995-01-25                     Senate Journal                      Page 0083
SB 50                                                                        
SENATE BILL NO. 50 BY SENATOR PEARCE, entitled:                                
                                                                               
"An Act relating to the Board of Game; and                                    
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
SB 51                                                                        
SENATE BILL NO. 51 BY SENATORS RIEGER, Pearce, entitled:                       
                                                                               
"An Act relating to income of the permanent fund;                             
and providing for an effective date."                                          
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
SB 52                                                                        
SENATE BILL NO. 52 BY SENATORS TAYLOR, Pearce, entitled:                       
                                                                               
"An Act authorizing capital punishment, classifying                           
murder in the first degree as a capital felony, and                            
establishing sentencing procedures for capital                                 
felonies; authorizing an advisory vote on instituting                          
capital punishment; and providing for an effective                             
date."                                                                         
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
SB 53                                                                        
SENATE BILL NO. 53 BY THE SENATE LABOR AND                                     
COMMERCE COMMITTEE, entitled:                                                  
                                                                               
                                                                               

1995-01-25                     Senate Journal                      Page 0084
SB 53                                                                        
"An Act relating to insurance, to the licensing,                              
accreditation, examination, regulation, and solvency                           
of persons engaged in the insurance business,                                  
including insurers, nonadmitted insurers, purchasing                           
groups, risk retention groups, and United States                               
branches of alien insurers; relating to the                                    
management of and the filing of reports by persons                             
licensed or otherwise doing business under the                                 
insurance code; amending Alaska Rule of Civil                                  
Procedure 45; and providing for an effective date."                            
                                                                               
was read the first time and referred to the Labor and Commerce and             
Judiciary Committees.                                                          
                                                                               
                                                                               
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                                  CITATIONS                                  
                                                                               
Honoring - Norman Vaughan                                                      
Representative(s) Toohey, Masek, G. Phillips                                   
Senator(s) Pearce, Duncan, Lincoln, Phillips, Zharoff, Leman, Green,           
Donley, Halford, Rieger, Taylor, Kelly                                         
                                                                               
Honoring - Lynn Carlson, M.D., 1994 Kenai Chamber of Commerce                  
Community Service Award                                                        
Representative(s) Navarre, G. Phillips, G. Davis                               
Senator(s) Salo, Torgerson, Pearce, Duncan, Lincoln                            
                                                                               
Honoring - Jim and Nedra Evenson, 1994 Kenai Chamber of                        
Commerce Pioneer Award Winners                                                 
Representative(s) Navarre, G. Phillips, G. Davis                               
Senator(s) Salo, Torgerson, Pearce, Duncan, Lincoln, Leman                     
                                                                               
Honoring - Fred Braun, 1994 Kenai Chamber of Commerce Log                      
Cabin Award                                                                    
Representative(s) Navarre, G. Phillips, G. Davis                               
Senator(s) Salo, Torgerson, Pearce, Duncan, Lincoln, Leman                     
                                                                               
                                                                               

1995-01-25                     Senate Journal                      Page 0085
Honoring - Tesoro Alaska Petroleum Company, 1994 Kenai Chamber                 
of Commerce Organizational Award                                               
Representative(s) Navarre, G. Phillips, G. Davis                               
Senator(s) Salo, Torgerson, Pearce, Duncan, Leman, Sharp                       
                                                                               
Senator Halford moved and asked unanimous consent that the                     
citations be adopted.  Without objection, the citations were adopted           
and referred to the Secretary for transmittal.                                 
                                                                               
Senator Halford moved and asked unanimous consent that the notice              
and publication requirements be waived and the following citation be           
made a special order of business.  Without objection, it was so                
ordered.                                                                       
                                                                               
                         SPECIAL ORDER OF BUSINESS                         
                                                                               
Honoring - Edgar Nollner                                                       
Senator(s) Lincoln, Zharoff, Donley, Ellis, Adams, Phillips, Rieger,           
Salo, Duncan, Pearce, Taylor, Miller, Leman, Kelly, Sharp,                     
Torgerson, Green, Frank, Halford                                               
Representative(s) Nicholia                                                     
                                                                               
Senator Halford moved and asked unanimous consent that the                     
citation be adopted.  Without objection, the citation was adopted and          
referred to the Secretary for transmittal.                                     
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Senator Hoffman moved and asked unanimous consent that he be                   
excused from a call of the Senate from 5:00 p.m., January 27 to                
January 31, plane time.  Without objection, Senator Hoffman was                
excused.                                                                       
                                                                               
Senator Lincoln moved and asked unanimous consent that she be                  
excused from a call of the Senate on January 26.  Without objection,           
Senator Lincoln was excused.                                                   
                                                                               
Senator Zharoff moved and asked unanimous consent that he be                   
excused from the Senate, not subject to a call, from February 17 to            
February 20, plane time.  Without objection, Senator Zharoff was               
excused.                                                                       

1995-01-25                     Senate Journal                      Page 0086
SB 45                                                                        
President Pearce added a Judiciary Committee referral to SENATE                
BILL NO. 45 "An Act relating to settlement and payment of claims               
for minimum wage and overtime compensation claims and to                       
liquidated damages and attorney fees for minimum wage and                      
overtime compensation claims."                                                 
                                                                               
SENATE BILL NO. 45 was referred to the Labor and Commerce,                     
Judiciary and Finance Committees.                                              
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in adjournment until 11:00 a.m., January 26, 1995.  Without              
objection, the Senate adjourned at 4:21 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                          January 1995         

1995-01-25                     Senate Journal                      Page 0087
                                ANNOUNCEMENTS                                
                                                                               
                    NOTICE - AMERICANS WITH DISABILITIES ACT                   
                                                                               
	Persons with disabilities who require special accommodation or                
alternative communication formats to access committee meetings may contact     
the appropriate committee office or the Legislative Information Office in      
their community. Reasonable advance notice is needed to accommodate the        
request. For further information, call the ADA Coordinator at 465-3854         
Voice/465-4980 TDD.                                                            
                                                                               
                                                                               
                             STANDING COMMITTEES                             
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                               BUTROVICH ROOM 205                              
JAN 25                             WEDNESDAY                   1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
JAN 27                               FRIDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
JAN 30                               MONDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
FEB 01                             WEDNESDAY                   1:30 PM         
ORGANIZATIONAL MEETING AND AN OVERVIEW OF THE                                  
DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS BY                                
COMMISSIONER DESIGNEE MIKE IRWIN                                               
                                                                               
FEB 03                               FRIDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 518                              
JAN 25                             WEDNESDAY                   9:00 AM         
 	PRESENTATION BY LEGISLATIVE FINANCE DIVISION                                 
 	..FY95 SPENDING PLAN UPDATE:                                                 
 	..SIGNIFICANT CHANGES OVERVIEW OF                                            
 	..FY95 AND FY96 OPERATING BUDGETS                                            
                                                                               
JAN 26                              THURSDAY                   9:00 AM         
 	COMMITTEE PROCEDURES REVIEW                                                  
                                                                               

1995-01-25                     Senate Journal                      Page 0088
                              FINANCE CONTINUED                              
                                                                               
JAN 26                              THURSDAY                   9:30 AM         
 	PRESENTATION BY ANNALEE MCCONNELL                                            
 	..DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET                                  
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
JAN 25                             WEDNESDAY                   9:00 AM         
 	NO MEETING SCHEDULED                                                         
                                                                               
JAN 27                               FRIDAY                    9:00 AM         
 	NO MEETING SCHEDULED                                                         
                                                                               
FEB 01                             WEDNESDAY                   9:00 AM         
SCR  1	FOUNDATION FORMULA TASK FORCE                                           
                                                                               
FEB 03                               FRIDAY                    9:00 AM         
 	BILLS PREVIOUSLY HEARD                                                       
SB  22	APPROP: K-12 SUPPORT; DEBT RETIREMENT                                   
                                                                               
FEB 08                             WEDNESDAY                   9:00 AM         
 	BILLS PREVIOUSLY HEARD                                                       
SB  39	MEMORIAL SCHOLARSHIP LOANS                                              
                                                                               
FEB 10                               FRIDAY                    9:00 AM         
 	***JOINT COMMITTEE MEETING WITH HOUSE HESS***                                
 	PRESENTATION BY THE COUNCIL ON DISABILITIES AND                              
 	SPECIAL EDUCATION                                                            
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
JAN 25                             WEDNESDAY                   1:30 PM         
SJR  7	OPPOSING FEDERAL MANDATES ON STATES                                     
                                                                               
JAN 27                               FRIDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
JAN 26                              THURSDAY                   1:30 PM         
 	NO MEETING SCHEDULED                                                         

1995-01-25                     Senate Journal                      Page 0089
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
JAN 25                             WEDNESDAY                   3:30 PM         
SB   3	ANTITRUST EXEMPTION FOR FISHERMEN                                       
SB  21	FINES FOR COMMERCIAL FISHING VIOLATIONS                                 
SJR  3	EXPORT OF ALASKA OIL                                                    
                                                                               
JAN 27                               FRIDAY                    3:30 PM         
SB   3	ANTITRUST EXEMPTION FOR FISHERMEN                                       
 	<BILL HELD OVER FROM 1/25/95                                                 
SB  21	FINES FOR COMMERCIAL FISHING VIOLATIONS                                 
 	<BILL HELD OVER FROM 1/25/95                                                 
SJR  3	EXPORT OF ALASKA OIL                                                    
 	<BILL HELD OVER FROM 1/25/95                                                 
                                                                               
FEB 01                             WEDNESDAY                   3:30 PM         
 	HEARING ON OIL AND GAS INCENTIVES FOR                                        
 	DEVELOPMENT AND PRODUCTION OF OIL AND GAS                                    
 	..GUESTS WILL INCLUDE ALASKAN OIL COMPANIES                                  
 	AND DEPARTMENT OF NATURAL RESOURCES, DIVISION                                
 	OF OIL AND GAS                                                               
                                                                               
FEB 03                               FRIDAY                    3:30 PM         
SJR  6	TRANSFER FED. LAND TO POST-1846 STATES                                  
SB  41	REPORTS BY OUT OF STATE FISHING VESSELS                                 
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
JAN 26                              THURSDAY                   3:30 PM         
SB  19	LEGISLATIVE SESSIONS TO BE IN ANCHORAGE                                 
SCR  2	REIMBURSEMENT FOR TRAVEL TO CAPITAL CITY                                
SCR  3	LONG RANGE FINANCIAL PLANNING COMMISSION                                
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                               BUTROVICH ROOM 205                              
JAN 26                              THURSDAY                   1:30 PM         
 	ORGANIZATIONAL MEETING                                                       
                                                                               
                                                                               

1995-01-25                     Senate Journal                      Page 0090
                               JOINT COMMITTEES                              
                                                                               
                          LEGISLATIVE BUDGET & AUDIT                         
                               HOUSE FINANCE 519                               
JAN 26                              THURSDAY                   4:00 PM         
 	ORGANIZATIONAL MEETING                                                       
                                                                               
                               OTHER COMMITTEES                              
                                                                               
                    JT TASK FORCE ON MILITARY BASES/ALASKA                   
                               GOVERNOR'S CONF RM                              
JAN 25                             WEDNESDAY                  12:45 PM         
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