Legislature(1995 - 1996)
1995-02-03 Senate Journal
Full Journal pdf1995-02-03 Senate Journal Page 0157 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Friday February 3, 1995 Nineteenth Day Pursuant to adjournment the Senate was called to order by President Pearce at 10:51 a.m. The roll showed thirteen members present. Senators Adams, Donley, Duncan, Ellis, Salo were excused from a call of the Senate. Senators Rieger, Taylor were absent. The prayer was offered by the Chaplain, Mr. Max Copenhagen of the Juneau Jewish Community. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Shema Yisraeil: Adonai Eloheinu, Adonai Echad! Hear, O Israel: The Lord is our God, the Lord is One! O Lord, we give thanks for the sages and teachers of all peoples and faiths, who have brought many to a deeper understanding of You and Your will. May the teachings of our ancestors live on in our minds, and their passions for righteousness retain its power to move our hearts. Bless each person in this senate, that they may act wisely in the interests of the people of Alaska. Baruch Atah Adanoi Elohenu Melech ha'olam oseh ma'aseh vereshit. Blessed is the Lord our God, ruler of the universe, the source of creative power. May the words of my mouth, and the meditations of our hearts, be acceptable to You, O Lord, our rock and our redeemer. Amen. 157 1995-02-03 Senate Journal Page 0158 Senator Frank led the Senate in the pledge of allegiance. The presence of Senator Taylor was noted. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the eighteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Rieger was noted. COMMUNICATIONS The following Budget and Audit Reports were received from Randy S. Welker, Legislative Auditor, in accordance with AS 24.20.311 and are on file in the Office of the Secretary of the Senate: Governmental Corporations' Board of Directors and Executive Director Travel Expenses, November 16, 1994 Department of Corrections, Division of Institutions, Hiland Mountain and Meadow Creek Correctional Centers, October 21, 1994 Department of Commerce and Economic Development, Alaska Railroad Corporation, Ship Creek Redevelopment Follow-Up, November 17, 1994 Department of Health and Social Services, Department of Community and Regional Affairs, Child Care Programs, November 7, 1994 Department of Labor, Division of Labor and Safety Standards, Occupational Safety and Health Administration Review Board, Hearing Officer Contract, November 1, 1994 Department of Transportation and Public Facilities, Highway Design Cost and Quality Comparison, August 16, 1994 Department of Administration, Division of Information Services, Procurement Practices, November 18, 1994 1995-02-03 Senate Journal Page 0159 Department of Health and Social Services, Division of Public Health, Maternal, Child and Family Health Section, Audiology Services, November 18, 1994 Department of Commerce and Economic Development, Board of Clinical Social Work Examiners, November 18, 1994 (Sunset) Department of Commerce and Economic Development, Board of Marital and Family Therapy, November 18, 1994 (Sunset) Department of Commerce and Economic Development, Board of Psychologist and Psychological Associate Examiners, November 18, 1994 (Sunset) Department of Commerce and Economic Development, Board of Nursing, November 18, 1994 (Sunset) Department of Commerce and Economic Development, State Medical Board, November 18, 1994 (Sunset) President Pearce referred the above sunset reports to the Labor and Commerce Committee. STANDING COMMITTEE REPORTS SCR 4 The State Affairs Committee considered SENATE CONCURRENT RESOLUTION NO. 4 Naming the Poet Laureate of Alaska. Signing do pass: Senator Sharp, Chair, Senators Leman, Phillips, Donley. Zero fiscal note published today from Department of Education. SENATE CONCURRENT RESOLUTION NO. 4 was referred to the Rules Committee. SJR 6 The Resources Committee considered SENATE JOINT RESOLUTION NO. 6 Relating to federally held property in those states, including Alaska, admitted to the Union since 1846, and recommended it be replaced with 1995-02-03 Senate Journal Page 0160 SJR 6 CS FOR SENATE JOINT RESOLUTION NO. 6(RES) Relating to federally held property in those states, including Alaska, admitted to the Union since 1802. Signing do pass: Senator Leman, Chair, Senators Halford, Taylor, Frank, Pearce. Zero fiscal note published today from the Senate Resources Committee. SENATE JOINT RESOLUTION NO. 6 was referred to the Rules Committee. SJR 11 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 11 Proposing amendments to the Constitution of the State of Alaska relating to terms of legislators. Signing do pass: Senator Sharp, Chair, Senator Leman. Signing do not pass: Senator Phillips. Signing no recommendation: Senator Donley. Fiscal note published today from Office of the Governor. Zero fiscal notes published today from Legislative Affairs Agency, Department of Law. SENATE JOINT RESOLUTION NO. 11 was referred to the Judiciary Committee. SB 6 The State Affairs Committee considered SENATE BILL NO. 6 "An Act relating to registration of a motor vehicle and suspension of a driver's license for failure to appear in court or failure to pay a fine." Signing do pass: Senator Sharp, Chair, Senators Leman, Phillips, Donley. Fiscal note and zero fiscal note published today from Department of Public Safety. SENATE BILL NO. 6 was referred to the Judiciary Committee. 1995-02-03 Senate Journal Page 0161 SB 37 The State Affairs Committee considered SENATE BILL NO. 37 "An Act relating to treatment of permanent fund dividends for purposes of determining eligibility for certain benefits; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 37(STA) Signing do pass: Senator Sharp, Chair, Senators Leman, Phillips. Fiscal notes published today from Department of Health and Social Services (8). Zero fiscal note published today from Department of Revenue. SENATE BILL NO. 37 was referred to the Finance Committee. SB 47 The Labor and Commerce Committee considered SENATE BILL NO. 47 "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." Signing do pass: Senator Kelly, Chair, Senators Miller, Torgerson. Signing no recommendation: Senator Salo. Fiscal note published today from Department of Commerce and Economic Development. Zero fiscal note published today from Department of Administration. SENATE BILL NO. 47 was referred to the Finance Committee. 1995-02-03 Senate Journal Page 0162 SB 55 The Labor and Commerce Committee considered SENATE BILL NO. 55 "An Act repealing the sunset of the enhanced 911 emergency reporting systems." Signing do pass: Senator Kelly, Chair, Senators Miller, Torgerson, Salo. Zero fiscal notes published today from Department of Health and Social Services, Department of Public Safety, Department of Commerce and Economic Development. SENATE BILL NO. 55 was referred to the Rules Committee. RECESS Senator Halford 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. AFTER RECESS JOINT SESSION IN THE HOUSE Speaker Phillips called the House to order and in accordance with Uniform Rule 51 turned the gavel over to President Pearce at 11:05 a.m. The purpose of the Joint Session was to hear an address by the Honorable Ted Stevens, United States Senator. Senator Halford 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 Vezey 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. 1995-02-03 Senate Journal Page 0163 President Pearce appointed Representative Willis and Senator Kelly to escort Senator Stevens to the Joint Session. The Senate Sergeant at Arms announced Senator Stevens' entrance to the House Chamber. The Honorable Ted Stevens was escorted to the rostrum and introduced by President Pearce. Senator Ted Stevens delivered his address. This address appears in Senate and House Joint Journal Supplement No. 6. Following his address there was a question and answer period. The Honorable Ted Stevens, United States Senator, received a standing ovation and was escorted from the chamber by Senator Kelly and Representative Willis. Senator Halford moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, the Joint Session adjourned at 11:59 a.m. AFTER RECESS IN THE SENATE The Senate reconvened at 12:04 p.m. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 61 SENATE BILL NO. 61 BY SENATOR LEMAN, entitled: "An Act relating to criminal sentencing; relating to mandatory 99-year sentences, parole and furlough eligibility, service of sentence at correctional restitution centers, and good time credit for defendants with at least three felony convictions when the current conviction and at least one of the prior convictions is for a most serious felony; and amending Alaska Rule of Criminal Procedure 35." 1995-02-03 Senate Journal Page 0164 SB 61 was read the first time and referred to the Judiciary and Finance Committees. SB 62 SENATE BILL NO. 62 BY SENATOR GREEN, entitled: "An Act relating to birth certificates for certain foreign born persons who are adopted." was read the first time and referred to the Health, Education and Social Services Committee. SB 63 SENATE BILL NO. 63 BY SENATORS KELLY, Sharp, entitled: "An Act relating to the Alaska Sport Fishing Industry Marketing Council and a nonresident sport fishing license surcharge." was read the first time and referred to the Resources and Finance Committees. SB 64 SENATE BILL NO. 64 BY THE SENATE TRANSPORTATION COMMITTEE, entitled: "An Act relating to the dissolution of the Alaska Railroad Corporation and providing for a successor corporation; and providing for an effective date." was read the first time and referred to the Transportation, State Affairs and Finance Committees. SB 65 SENATE BILL NO. 65 BY SENATOR TORGERSON, entitled: 1995-02-03 Senate Journal Page 0165 SB 65 "An Act expanding the services that may be offered by an electric cooperative to include direct satellite television, sewer, water, or gas services when authorized by the Alaska Public Utilities Commission; relating to officers of a telephone or electric cooperative; relating to amendment of the articles of incorporation of a telephone or electric cooperative; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 66 SENATE BILL NO. 66 BY SENATOR GREEN, entitled: "An Act relating to sled dog race classics." was read the first time and referred to the Finance Committee. CONSIDERATION OF THE CALENDAR CITATIONS Recognizing - The Commemorative Serum Relay Race Representative(s) Brice, Foster Senator(s) Adams, Donley, Zharoff, Taylor, Halford, Pearce, Green, Hoffman, Lincoln, Rieger, Leman In Memoriam - Justine Parks Representative(s) Willis, Masek Senator(s) Halford, Phillips, Taylor, Pearce, Green, 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. 1995-02-03 Senate Journal Page 0166 UNFINISHED BUSINESS SB 14 Senator Miller moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 14 "An Act relating to criminal mischief." Without objection, it was so ordered. SB 4 Senator Green moved and asked unanimous consent that she be shown as a cosponsor on SPONSOR SUBSTITUTE FOR SENATE BILL NO. 4 "An Act allowing a person under age 21 to be arrested by a peace officer without a warrant for illegal possession, consumption, or control of alcohol; classifying certain offenses related to driving while intoxicated or failure to submit to a chemical test as felonies; and providing for an effective date." Without objection, it was so ordered. Senator Sharp moved and asked unanimous consent that he be excused from a call of the Senate from February 16 to February 17, plane time and from February 27 to February 28, plane time. Without objection, Senator Sharp was excused. Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate from February 6 to February 10. Without objection, Senator Lincoln was excused. 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., February 6, 1995. Without objection, the Senate adjourned at 12:08 p.m. Nancy Quinto Secretary of the Senate February 1995 1995-02-03 Senate Journal Page 0167 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 03 FRIDAY 1:30 PM NO MEETING SCHEDULED FEB 06 MONDAY 1:30 PM NO MEETING SCHEDULED FEB 08 WEDNESDAY 1:30 PM NO MEETING SCHEDULED FEB 10 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 518 FEB 07 TUESDAY 9:00 AM JOINT EXECUTIVE SESSION (LEGISLATORS ONLY) HOUSE AND SENATE FINANCE COMMITTEES DEPARTMENT OF LAW OVERVIEW: PENDING OIL AND GAS LITIGATION FEB 09 THURSDAY 9:00 AM SB 19 LEGISLATIVE SESSIONS TO BE IN ANCHORAGE HCR 1 LONG RANGE FINANCIAL PLANNING COMMISSION <PENDING REFERRAL> SB 47 APUC EXTENSION AND REGULATORY COST CHARGE <PENDING REFERRAL> ---------------------------------------- 1995-02-03 Senate Journal Page 0168 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 03 FRIDAY 9:00 AM SB 22 APPROP: K-12 SUPPORT; DEBT RETIREMENT SCR 1 FOUNDATION FORMULA TASK FORCE <BILL HELD OVER> BILLS PREVIOUSLY HEARD -- TELECONFERENCE -- FEB 04 SATURDAY 2:00 PM *** NOTE DATE AND TIME CHANGES *** DEPT OF EDUCATION BRIEFING: FOUNDATION FORMULA TELECONFERENCE (LISTEN ONLY) FEB 08 WEDNESDAY 9:00 AM SB 39 MEMORIAL SCHOLARSHIP LOANS SB 36 BRINDLE 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 ---------------------------------------- JUDICIARY BELTZ ROOM 211 FEB 03 FRIDAY 1:30 PM NO MEETING SCHEDULED FEB 06 MONDAY 1:30 PM BILLS PREVIOUSLY HEARD FEB 08 WEDNESDAY 1:30 PM SB 60 CRUISE SHIP GAMBLING & PROMOTIONS SB 6 LICENSING/REGISTRATION SUSPENSION/DENIAL FEB 10 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 FEB 07 TUESDAY 1:30 PM COLLECTIVE BARGAINING AGREEMENTS FEB 09 THURSDAY 1:30 PM SB 45 DAMAGES & ATTY FEES FOR UNPAID WAGES ---------------------------------------- 1995-02-03 Senate Journal Page 0169 RESOURCES BUTROVICH ROOM 205 FEB 03 FRIDAY 3:30 PM SB 41 REPORTS BY OUT OF STATE FISHING VESSELS <BILLS HELD FROM PREVIOUS CALENDARS> SJR 3 EXPORT OF ALASKA OIL SB 3 ANTITRUST EXEMPTION FOR FISHERMEN FEB 06 MONDAY 3:30 PM SB 42 RESTRICTED LIMITED ENTRY PERMITS HJR 13 ENDORSING ANWR LEASING <PENDING REFERRAL> HJR 7 EXPORT OF ALASKA OIL <PENDING REFERRAL> BILLS PREVIOUSLY HEARD FEB 08 WEDNESDAY 3:30 PM NO MEETING SCHEDULED FEB 10 FRIDAY 3:30 PM SJR 12 U.S. FOREST SERVICE PLAN BILLS PREVIOUSLY HEARD CONFIRMATION HEARING: BOARD OF FISHERIES ..VIRGIL UMPHENOUR BIG GAME COMMERCIAL SERVICES BOARD ..ROBERT A. HINMAN ---------------------------------------- RULES BELTZ ROOM 211 FEB 03 FRIDAY 12:10 PM SJR 6 TRANSFER FED. LAND TO POST-1846 STATES -- LOCATION CHANGE -- ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 FEB 07 TUESDAY 3:30 PM SB 1 REVIEW OF FEDERALLY MANDATED PROGRAMS HCR 1 LONG RANGE FINANCIAL PLANNING COMMISSION BILLS PREVIOUSLY HEARD FEB 09 THURSDAY 3:30 PM SB 4 DWI LAWS BILLS PREVIOUSLY HEARD ---------------------------------------- 1995-02-03 Senate Journal Page 0170 TRANSPORTATION BUTROVICH ROOM 205 FEB 07 TUESDAY 1:30 PM NO MEETING SCHEDULED FEB 09 THURSDAY 1:30 PM SB 64 DISSOLUTION OF ALASKA RAILROAD CORPORATION FINANCE SUBCOMMITTEES CORRECTIONS SENATE FINANCE 518 FEB 06 MONDAY 1:30 PM NO MEETING SCHEDULED FEB 08 WEDNESDAY 1:30 PM OVERVIEW OF FY 95 SUPPLEMENTAL REQUEST (PART I) FEB 10 FRIDAY 1:30 PM OVERVIEW OF FY 95 SUPPLEMENTAL REQUEST (PART II) ---------------------------------------- EDUCATION SENATE FINANCE 518 FEB 09 THURSDAY 3:30 PM OVERVIEW OF GOVERNOR'S 12/15 BUDGET & MAJOR CHANGES IN FORMULA PROGRAMS FOR FY 96 JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW FAHRENKAMP RM 203 FEB 07 TUESDAY 1:00 PM PROPOSED DRAFT LEGISLATION ---------------------------------------- LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 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) ---------------------------------------- 1995-02-03 Senate Journal Page 0171 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 ---------------------------------------- LEGISLATIVE COUNCIL GOVERNOR'S CONF RM FEB 09 THURSDAY 12:30 PM LEGISLATIVE COUNCIL OTHER COMMITTEES CHILDREN'S CAUCUS BUTROVICH ROOM 205 FEB 08 WEDNESDAY 12:00 PM ORGANIZATIONAL MEETING ---------------------------------------- JOINT SESSION OF LEGISLATURE HOUSE CHAMBER FEB 03 FRIDAY 11:00 AM HONORABLE TED STEVENS, UNITED STATES SENATOR