Legislature(1995 - 1996)
1995-02-01 Senate Journal
Full Journal pdf1995-02-01 Senate Journal Page 0125 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Wednesday February 1, 1995 Seventeenth Day Pursuant to adjournment the Senate was called to order by President Pearce at 1:10 p.m. The roll showed eighteen members present. Senator Adams was excused from a call of the Senate. Senator Ellis was absent. The prayer was offered by the Chaplain, Mr. Bill Choslovsky of the Juneau Jewish Community. Senator Duncan moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. As we begin a month short on days yet long on promise, we bow our heads in humble respect to our collective Lords. Lord, as evidenced by their recent travels, before You stand a most dedicated bunch, the Senators of Alaska. Please give these men and women the wisdom to recognize that their differences need not be disabilities and the strength to insure as much. We ask that Your daily reminders of life's contradictory forces not go unnoticed. Just as it takes both proton and electron to make life as we know it possible, it takes both Republican and Democrat to make life as we know it possibly better. Finally Lord, we ask that divine intervention not be necessary in this chamber and, in the immortal words of Bartles and James, "we thank you for your support." Amen. Senator Torgerson led the Senate in the pledge of allegiance. 125 1995-02-01 Senate Journal Page 0126 CERTIFICATION Senator Halford moved and asked unanimous consent that the journals for the twelfth, thirteenth, fourteenth, fifteenth and sixteenth legislative days, Senate Journal Supplement No. 2 and House and Senate Joint Journal Supplement No. 5 be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE SCR 6 Message of January 30 was read, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 6 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. SENATE CONCURRENT RESOLUTION NO. 6 was referred to the Secretary for enrollment. Message dated February 1 was read stating: The House of Representatives respectfully invites the Senate to a Joint Session at 11:00 a.m. on Friday, February 3, for the purpose of hearing an address by the Honorable Ted Stevens, United States Senator. We will be holding this joint session for Senator Stevens instead of our previously scheduled joint session on Monday, March 27, 1995. Senator Halford moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. Without objection, it was so ordered. 1995-02-01 Senate Journal Page 0127 The Secretary was requested to notify the House. COMMUNICATIONS The following reports were received and are on file in the Office of the Secretary of the Senate: Rural Electrification Revolving Loan Fund from Mike Irwin, Commissioner, Department of Community and Regional Affairs in accordance with AS 42.45.020(e)(3) Alaska Aerospace Development Corporation, 1994 Annual Report from Pat Lardner, Executive Director, and Jerome B. Komisar, Chair, AADC Board of Directors in accordance with AS 14.40.866 (Distributed to all Senators) STANDING COMMITTEE REPORTS SB 19 The State Affairs Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 19 "An Act relating to the location of the convening of the legislature in regular session." Signing no recommendation: Senator Sharp, Chair, Senators Leman, Donley. Signing do pass: Senator Phillips. Signing do not pass: Senator Duncan. Fiscal notes for the sponsor substitute published today from Legislative Affairs Agency, Office of the Governor, Department of Administration, Department of Commerce and Economic Development, Department of Community and Regional Affairs, Department of Corrections, Department of Labor, Department of Law, Department of Military and Veterans Affairs, Department of Education (2), Department of Environmental Conservation, Department of Fish and Game (2), Department of Health and Social Services, Department of Public Safety (2), Department of Revenue, Department of Transportation and Public Facilities. Zero fiscal note for the sponsor substitute published today from Department of Natural Resources. SPONSOR SUBSTITUTE FOR SENATE BILL NO. 19 was referred to the Finance Committee. 1995-02-01 Senate Journal Page 0128 INTRODUCTION AND REFERENCE OF SENATE BILLS SB 57 SENATE BILL NO. 57 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act making supplemental appropriations for operating expenses of state government for fiscal year 1995; and providing for an effective date." was read the first time and referred to the Finance Committee. Governor's transmittal letter dated January 30: Dear President Pearce: I am submitting supplemental appropriations for fiscal year 1995 to the Legislature in two parts. Appropriations requiring immediate attention are being sent to you and House Speaker Phillips today. The rest will be sent within two weeks. The bill I am sending today addresses five activity areas where expenditure authority is virtually exhausted. The Legislatures immediate attention is necessary if the state is to continue operations within approved appropriation levels. Due to the nature of the requests, I am recommending an immediate effective date for this bill and would appreciate your earliest possible attention to it. The five areas are not unfamiliar to the Legislature. The Department of Corrections is under court order to correct problems in the prisons. The mental health lands settlement which was accepted by Judge Greene in December requires that we establish the Mental Health Trust Authority immediately. Response to last summers Koyukuk River flood requires expenditures in excess of the amounts in the disaster relief fund. There are serious consequences to leaving trooper positions vacant, as necessitated by the funding level approved last spring. Finally, the Legislature expressly funded oil and gas litigation for only one half of the year. Additional information relating to these requests is available to the Legislature from the Office of Management and Budget. 1995-02-01 Senate Journal Page 0129 SB 57 I urge your early consideration and passage of these supplementals. Sincerely, /s/ Tony Knowles Governor SB 58 SENATE BILL NO. 58 BY SENATOR LEMAN, entitled: "An Act restricting the use of the title `industrial hygienist' and related titles and initials." was read the first time and referred to the Health, Education and Social Services and Labor and Commerce Committees. SB 59 SENATE BILL NO. 59 BY THE SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: "An Act authorizing the Alaska Commission on Postsecondary Education to adopt regulations necessary to determine and set an interest rate applicable to a student loan for which money is disbursed on or after July 1, 1995, and regulations necessary to implement certain loan default sanctions and consolidation of loan provisions beginning July 1, 1995; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. CONSIDERATION OF THE CALENDAR THIRD READING OF SENATE RESOLUTIONS SJR 7 SENATE JOINT RESOLUTION NO. 7 Relating to mandates imposed on the states by the federal government, was read the third time. 1995-02-01 Senate Journal Page 0130 The presence of Senator Ellis was noted. SJR 7 Senator Donley moved that SENATE JOINT RESOLUTION NO. 7 be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Senator Taylor objected, then withdrew his objection. There being no further objections, the resolution was returned to second reading. Senator Donley offered Amendment No. 1 : Page 1, lines 10- 12: Delete all material. Insert: "federal government was created by the states specifically to assume the responsibility for exercising certain powers on behalf of the union as a whole, including the responsibility to provide the funding needed to carry out those powers; and WHEREAS, today, in 1995, the states are in fact frequently required by the federal government to carry out federal policy while bearing the costs of that policy; and" Page 2, line 6, after "result;": Insert: "and" Page 2, after line 6: Insert a new paragraph to read: "WHEREAS the vice-president of the United States in the "Report of the National Performance Review" has recommended that unfunded mandates imposed on the states be cut, that the Congress refrain from imposing new mandates, and that an executive order be issued to limit the use of unfunded mandates in legislative proposals and the circumstances under which federal agencies may impose new mandates;" Senator Donley moved for the adoption of Amendment No. 1. Senator Miller objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1995-02-01 Senate Journal Page 0131 SJR 7 SJR 7 Second Reading Amendment No. 1 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Adams and so, Amendment No. 1 failed. SENATE JOINT RESOLUTION NO. 7 was automatically in third reading. Senators Leman, Frank, Miller moved and asked unanimous consent that they be shown as cosponsors on the resolution. Without objection, it was so ordered. The question being: "Shall SENATE JOINT RESOLUTION NO. 7 Relating to mandates imposed on the states by the federal government, pass the Senate?" The roll was taken with the following result: SJR 7 Third Reading - Final Passage YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Lincoln Excused: Adams and so, SENATE JOINT RESOLUTION NO. 7 passed the Senate and was referred to the Secretary for engrossment. 1995-02-01 Senate Journal Page 0132 CITATIONS In Memoriam - Robert Bittick Representative(s) Foster, Elton, G. Phillips Senator(s) Adams, Duncan, Zharoff, Hoffman, Torgerson, Salo, Halford, Pearce, Leman, Lincoln In Memoriam - Willard J. Bennett Representative(s) Foster Senator(s) Adams, Duncan, Zharoff, Hoffman, Pearce, Lincoln In Memoriam - Marilyn Pushcar Representative(s) Foster Senator(s) Adams, Duncan, Zharoff, Hoffman, Lincoln Honoring - 1995 National Engineers' Week Senator(s) Leman, Green, Torgerson, Salo, Duncan, Pearce, Halford, Lincoln, Taylor Representative(s) Green Honoring - Mabel Fennimore, 1994 Beta Sigma Phi "Woman of the Year" Representative(s) Grussendorf Senator(s) Taylor, Green, Salo, Duncan, Pearce, Donley, Leman, Zharoff In Memoriam - Robert "Bob" F. Brophy Representative(s) Moses, G. Phillips, Hanley, G. Davis, Williams, Navarre, Mackie, Elton, Grussendorf, Kubina, Ivan Senator(s) Leman, Taylor, Torgerson, Salo, Zharoff, Duncan, Hoffman, Pearce, Donley, Lincoln 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. UNFINISHED BUSINESS Senator Hoffman moved and asked unanimous consent that he be excused from a call of the Senate from 5:00 p.m., February 3 to February 7, plane time. Without objection, Senator Hoffman was excused. 1995-02-01 Senate Journal Page 0133 Senator Salo moved and asked unanimous consent that she be excused from a call of the Senate on February 3. Without objection, Senator Salo was excused. President Pearce added a Labor and Commerce Committee referral to the following reports (page 79): Monetary Terms of the Collective Bargaining Agreement with the State of Alaska and the unlicensed employees of the Alaska Marine Highway System; Monetary Terms of the Collective Bargaining Agreement with the State of Alaska and the Labor, Trades and Crafts unit: and Monetary Terms of the Collective Bargaining Agreement with the State of Alaska and the Supervisory Unit. These reports were referred to the Labor and Commerce Committee then the Finance Committee. SJR 3 Senator Hoffman moved and asked unanimous consent that he be shown as a cosponsor on SENATE JOINT RESOLUTION NO. 3 Opposing the ban on the export of Alaska North Slope crude oil; endorsing federal legislation to remove restraints on the export of Alaska North Slope oil; requesting the Congress of the United States to pass legislation to permit the export of Alaska North Slope crude oil; and urging the President of the United States to support the legislation to lift the ban on the export of Alaska North Slope crude oil. Without objection, it was so ordered. SB 3 Senator Hoffman moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 3 "An Act relating to an antitrust exemption for persons engaged in the fishing industry." Without objection, it was so ordered. ANNOUNCEMENTS Announcements are at the end of the journal. 1995-02-01 Senate Journal Page 0134 ENGROSSMENT SJR 7 SENATE JOINT RESOLUTION NO. 7 Relating to mandates imposed on the states by the federal government, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. ENROLLMENT SCR 6 SENATE CONCURRENT RESOLUTION NO. 6 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 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 1:10 p.m., February 1, 1995. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 2, 1995. Without objection, the Senate adjourned at 1:40 p.m. Nancy Quinto Secretary of the Senate February 1995 1995-02-01 Senate Journal Page 0135 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 FEB 01 WEDNESDAY 1:50 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 ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 01 WEDNESDAY 9:00 AM SCR 1 FOUNDATION FORMULA TASK FORCE MTG CANCELLED-BILLS HLD OVER FEB 03 FRIDAY 9:00 AM SB 22 APPROP: K-12 SUPPORT; DEBT RETIREMENT BILLS PREVIOUSLY HEARD FEB 04 SATURDAY 2:00 PM *** NOTE DATE AND TIME CHANGES *** DEPT OF EDUCATION BRIEFING: FOUNDATION FORMULA FEB 08 WEDNESDAY 9:00 AM SB 39 MEMORIAL SCHOLARSHIP LOANS BILLS PREVIOUSLY HEARD FEB 10 FRIDAY 9:00 AM ***JOINT COMMITTEE MEETING WITH HOUSE HESS*** PRESENTATION BY THE COUNCIL ON DISABILITIES AND SPECIAL EDUCATION 1995-02-01 Senate Journal Page 0136 JUDICIARY BELTZ ROOM 211 FEB 01 WEDNESDAY 1:45 PM SB 10 CRIMINAL DISCOVERY RULES SB 13 DNA EVIDENCE SB 14 INCREASED PENALTIES FOR JOYRIDING -- TELECONFERENCE -- FEB 03 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 FEB 02 THURSDAY 1:30 PM SB 45 DAMAGES & ATTY FEES FOR UNPAID WAGES <BILL POSTPONED TO A LATER DATE> SB 55 REPEALING SUNSET OF ENHANCED 911 SYSTEM SB 47 APUC EXTENSION AND REGULATORY COST CHARGE ---------------------------------------- RESOURCES BUTROVICH ROOM 205 FEB 01 WEDNESDAY 3:30 PM HEARING ON OIL AND GAS INCENTIVES FOR DEVELOPMENT AND PRODUCTION OF OIL AND GAS ..GUESTS WILL INCLUDE OIL COMPANIES AND DEPARTMENT OF NATURAL RESOURCES, DIVISION OF OIL AND GAS --TELECONFERENCE-- SJR 6 TRANSFER FED. LAND TO POST-1846 STATES BILLS PREVIOUSLY HEARD FEB 03 FRIDAY 3:30 PM SB 41 REPORTS BY OUT OF STATE FISHING VESSELS BILLS PREVIOUSLY HEARD ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 FEB 02 THURSDAY 3:30 PM SB 6 LICENSING/REGISTRATION SUSPENSION/DENIAL <TELECONFERENCE ON ABOVE BILL> SB 37 END PERMANENT FUND DIVIDEND HOLD HARMLESS BILLS PREVIOUSLY HEARD SCR 4 POET LAUREATE OF ALASKA <BILL HELD OVER> SJR 11 LIMITING TERMS OF LEGISLATORS <BILL HELD OVER> SB 40 APPROP: AHFC TO GENERAL FUND <BILL HELD OVER> 1995-02-01 Senate Journal Page 0137 TRANSPORTATION BUTROVICH ROOM 205 FEB 02 THURSDAY 1:30 PM NO MEETING SCHEDULED JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 FEB 02 THURSDAY 3:00 PM OVERSIGHT HEARING AK HOUSING FINANCE CORPORATION FEB 09 THURSDAY 3:00 PM OVERSIGHT HEARING CONTINUATION OF AK HOUSING FINANCE CORPORATION FEB 16 THURSDAY 3:00 PM OVERSIGHT HEARING AK INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY (AIDEA) ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS FAHRENKAMP RM 203 FEB 13 MONDAY 8:00 AM 8:00AM HOUSE SUBCOMMITTEE EXECUTIVE SESSION 9:00AM COMMITTEE OF THE WHOLE OPEN SESSION ..AGENDA ITEMS OTHER COMMITTEES MAJORITY CAUCUS ROOM 111 FEB 02 THURSDAY 9:30 AM MAJORITY CAUCUS ---------------------------------------- JOINT SESSION OF LEGISLATURE HOUSE CHAMBER FEB 03 FRIDAY 11:00 AM HONORABLE TED STEVENS, UNITED STATES SENATOR