Legislature(1995 - 1996)
1995-02-10 Senate Journal
Full Journal pdf1995-02-10 Senate Journal Page 0235 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Friday February 10, 1995 Twenty-sixth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:15 a.m. The roll showed fifteen members present. Senators Donley, Kelly, Lincoln, Zharoff were excused from a call of the Senate. Senator Green was absent. The prayer was offered by the Chaplain, Pastor Pat Brayton of the Valley Chapel. Senator Duncan moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Heavenly Father, as this day's session begins, I pray that You will visit these chambers with tangible evidence of Your presence. Lord, we need You. Only You know all things, so only You can truly guide us in the right way to go. May Your blessings be evident to everyone here as the day unfolds. May solutions be found for the problems that have plagued us. May acceptable and profitable compromises be discovered that will promote unity in this body and in our beloved State. Extend Your grace to include blessings in the personal lives of these faithful men and women who serve us here. Relieve their stress, encourage their hearts and give them health. In Jesus' name I pray. Amen. Senator Ellis led the Senate in the pledge of allegiance. 235 1995-02-10 Senate Journal Page 0236 CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the twenty-fifth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Green was noted. COMMUNICATIONS President Pearce referred the following Governor's appointments: Board of Education Abbe Hensley - Anchorage Marilyn Webb - Juneau Robert Gottstein - Anchorage Mike Williams - Akiak R. Weaver Ivanoff - Unalakleet Mary Ann Eininger - Fairbanks Stowell Johnstone - Anchorage - Reappointed The appointments were referred to the Health, Education and Social Services Committee. Board of Fisheries Trefon Angasan - Anchorage - Reappointed John White - Bethel Virgil Umphenour - Fairbanks Previously referred (page 142) Board of Game Walter Sampson - Kotzebue Larry Holmes, Jr. - Girdwood The appointments were referred to the Resources Committee. 1995-02-10 Senate Journal Page 0237 STANDING COMMITTEE REPORTS HCR 1 The Rules Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(FIN) Creating the Long Range Financial Planning Commission. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Duncan. Senators Pearce, Sharp further signed "do pass". Senator Duncan further signed "no recommendation". CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(FIN) is on today's calendar. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 82 SENATE BILL NO. 82 BY SENATOR MILLER, entitled: "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 13 but not yet 21 years of age; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. SB 83 SENATE BILL NO. 83 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to the appointment and removal of the commissioner of education; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. Zero fiscal note published today from Office of the Governor. Governor's transmittal letter dated February 10: 1995-02-10 Senate Journal Page 0238 SB 83 Dear President Pearce: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to the appointment and removal of the commissioner of education. Existing law provides that the commissioner of education is the principal executive officer of the Department of Education. Section 1 of the bill amends AS14.07.145(a) to provide that the commissioner serves at the pleasure of the governor, as do commissioners of other state agencies. Section 2 of the bill repeals an existing provision that permits the appointment of the commissioner for a term of office not to exceed five years, and repeals language providing for removal of the commissioner from office for cause. Additionally, sec. 2 of the bill repeals the definition of "cause" regarding removal of the commissioner. Section 3 of the bill provides for an immediate effective date, in order to ensure that the next commissioner of education is appointed under the new terms, after the bill is enacted into law. Article III, section 25 of the Alaska Constitution provides that heads of each principal department should serve at the pleasure of the Governor. The provision in current law permitting the use of long- term contracts in the hiring of the commissioner for the Department of Education thwarts the purpose of this section of the Constitution. I urge your prompt action on this important measure. Sincerely, /s/ Tony Knowles Governor SB 84 SENATE BILL NO. 84 BY SENATORS HALFORD, Phillips, Sharp, Green, Frank, Miller, entitled: 1995-02-10 Senate Journal Page 0239 SB 84 "An Act making a special appropriation to the principal of the permanent fund; and providing for an effective date." was read the first time and referred to the Finance Committee. CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE RESOLUTIONS HCR 1 CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(FIN) Creating the Long Range Financial Planning Commission, was read the second time. Senator Sharp moved and asked unanimous consent for the adoption of the State Affairs Senate Committee Substitute offered on page 205. Without objection, SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(STA) was adopted. SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(STA) was read the second time. Senator Duncan offered Amendment No. 1 : Page 2, line 6: Delete "nine" Insert "ten" Page 2, line 7, following "Representatives": Insert "shall appoint three of these members" Page 2, line 8: Following "Senate" Insert "shall appoint three of these members" Delete "each" Delete "three" Insert "four" Senator Duncan moved for the adoption of Amendment No. 1. Senator Rieger objected. 1995-02-10 Senate Journal Page 0240 HCR 1 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHCR 1(STA) Second Reading Amendment No. 1 YEAS: 6 NAYS: 10 EXCUSED: 4 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Salo, Sharp Nays: Frank, Green, Halford, Leman, Miller, Pearce, Phillips, Rieger, Taylor, Torgerson Excused: Donley, Kelly, Lincoln, Zharoff and so, Amendment No. 1 failed. Senator Adams offered Amendment No. 2 : Page 2 delete lines 23 and 24 Senator Adams moved for the adoption of Amendment No. 2. Senator Rieger objected, then withdrew his objection. There being no further objections, Amendment No. 2 was adopted. Senator Adams offered Amendment No. 3 : Page 2, line 8, following "members;": Insert "at least one person appointed by each appointing authority shall be from a rural community;" Senator Adams moved for the adoption of Amendment No. 3. Senator Halford objected. 1995-02-10 Senate Journal Page 0241 HCR 1 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSHCR 1(STA) am S Second Reading Amendment No. 3 YEAS: 7 NAYS: 9 EXCUSED: 4 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Rieger, Salo, Taylor Nays: Frank, Green, Halford, Leman, Miller, Pearce, Phillips, Sharp, Torgerson Excused: Donley, Kelly, Lincoln, Zharoff and so, Amendment No. 3 failed. SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(STA) am S was before the Senate on final passage. The question being: "Shall SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(STA) am S Creating the Long Range Financial Planning Commission, pass the Senate?" The roll was taken with the following result: SCS CSHCR 1(STA) am S Final Passage YEAS: 9 NAYS: 7 EXCUSED: 4 ABSENT: 0 Yeas: Frank, Green, Halford, Leman, Miller, Pearce, Rieger, Sharp, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Phillips, Salo, Taylor Excused: Donley, Kelly, Lincoln, Zharoff and so, SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(STA) am S failed. Senator Halford gave notice of reconsideration. 1995-02-10 Senate Journal Page 0242 CITATIONS Honoring - DeeDee Jonrowe Senator(s) Green, Kelly, Salo, Duncan, Taylor, Leman, Zharoff, Pearce, Rieger, Halford, Adams Honoring - Emil Berikoff Representative(s) Ivan, Moses Senator(s) Hoffman, Duncan, Taylor, Leman, Zharoff, Adams, Rieger Honoring - Adrian "Nolf" Nolfi Representative(s) Masek Senator(s) Green, Duncan, Taylor, Zharoff, Pearce, Halford, Rieger Honoring - Kwethluk Vikings Girls Basketball Team Representative(s) Ivan Senator(s) Hoffman, Duncan, Taylor, Leman, Zharoff In Memoriam - Ruby L. Gaede Representative(s) G. Davis, G. Phillips, Navarre Senator(s) Leman, Torgerson, Salo, Duncan, Taylor, Zharoff, Pearce, Green 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 Miller moved and asked unanimous consent that he be excused from a call of the Senate on February 13, through morning plane time. Without objection, Senator Miller was excused. Senator Ellis moved and asked unanimous consent that he be excused from a call of the Senate on February 16, 17 and 20. Without objection, Senator Ellis was excused. 1995-02-10 Senate Journal Page 0243 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 14, 1995. Without objection, the Senate adjourned at 12:14 p.m. Nancy Quinto Secretary of the Senate February 1995 1995-02-10 Senate Journal Page 0244 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 10 FRIDAY 1:30 PM NO MEETING SCHEDULED FEB 13 MONDAY 1:30 PM CONFIRMATION HEARING: MIKE IRWIN, COMMISSIONER DESIGNEE, DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS JAKE LESTENKOF, ADJUTANT GENERAL DESIGNEE, DEPARTMENT OF MILITARY AND VETERANS AFFAIRS FEB 15 WEDNESDAY 1:30 PM PRESENTATION BY LOCAL BOUNDARY COMMISSION SB 16 INCREASE LAND GRANT TO UNIV. OF ALASKA SB 56 RIGHTS IN TIDE/SUBMERGED LAND FEB 17 FRIDAY 1:30 PM NO MEETING SCHEDULED FEB 22 WEDNESDAY 1:30 PM SB 20 ALASKA MUNICIPAL BASIC SERVICES PROGRAM -- TELECONFERENCE -- ---------------------------------------- FINANCE SENATE FINANCE 518 FEB 14 TUESDAY 9:00 AM SB 66 SLED DOG RACE CLASSICS -- TELECONFERENCE -- CONFIRMATION HEARING: WIL CONDON, COMMISSIONER DESIGNEE, DEPARTMENT OF REVENUE BILLS PREVIOUSLY HEARD 1995-02-10 Senate Journal Page 0245 FINANCE CONTINUED FEB 15 WEDNESDAY 9:00 AM <BILLS HELD FROM PREVIOUS CALENDARS> ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 10 FRIDAY 9:00 AM ***JOINT COMMITTEE MEETING WITH HOUSE HESS*** PRESENTATION BY THE COUNCIL ON DISABILITIES AND SPECIAL EDUCATION FEB 13 MONDAY 9:00 AM CONFIRMATION HEARINGS ON MEMBERS APPOINTED TO THE PROFESSIONAL TEACHING PRACTICES COMMISSION: ..MARY LOU MADDEN, PH.D. ..CHRISTINE A NIEMI ..BRIAN L. CARTER ..WILLIAM A. MCCAIN CONFIRMATION HEARING: KAREN PERDUE, COMMISSIONER DESIGNEE DEPARTMENT OF HEALTH AND SOCIAL SERVICES FEB 15 WEDNESDAY 9:00 AM SB 59 REGULATIONS FOR STUDENT LOANS SB 58 USE OF TITLE "INDUSTRIAL HYGIENIST" SB 62 BIRTH CERTIFICATES FOR CERTAIN ADOPTEES SB 68 FOOD BANKS;MEAT & SEAFOOD PROCESSORS FEB 17 FRIDAY 9:00 AM SB 70 PUBLIC SCHOOL FOUNDATION PROGRAM BILLS PREVIOUSLY HEARD FEB 18 SATURDAY 1:00 PM SB 70 PUBLIC SCHOOL FOUNDATION PROGRAM -- TELECONFERENCE -- --NOTE DATE AND TIME CHANGES-- ---------------------------------------- JUDICIARY BELTZ ROOM 211 FEB 10 FRIDAY 1:30 PM PUBLICATION NOTICE WAIVED SB 10 CRIMINAL DISCOVERY RULES <BILL HELD FROM PREVIOUS CALENDARS> 1995-02-10 Senate Journal Page 0246 JUDICIARY CONTINUED FEB 13 MONDAY 1:30 PM SB 41 REPORTS BY OUT OF STATE FISHING VESSELS CONFIRMATION HEARING: BRUCE BOTELHO, ATTORNEY GENERAL DESIGNEE, DEPARTMENT OF LAW JOSEPH N. FAULHABER, BOARD OF GOVERNORS ALASKA BAR ASSOCIATION FEB 15 WEDNESDAY 1:30 PM SB 46 PROSECUTE JUVENILE AS ADULT IN DIST. CT. SB 14 INCREASED PENALTIES FOR JOYRIDING BILLS PREVIOUSLY HEARD ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 FEB 14 TUESDAY 1:30 PM CONFIRMATION HEARING: TOM CASHEN, COMMISSIONER DESIGNEE, DEPARTMENT OF LABOR WILLIE HENSLEY, COMMISSIONER DESIGNEE, DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT BOARD OF REGISTRATION FOR ARCHITECTS, ENGINEERS, LAND SURVEYORS: PEASE, MEARIG ATHLETIC COMMISSION: ASPLUND BOARD OF BARBERS AND HAIRDRESSERS: FLINT BOARD OF CHIROPRACTIC EXAMINERS: CONNERS-ALLEN, PHILLIPS BOARD OF CLINICAL SOCIAL WORK EXAMINERS: HENKELMAN, PATRICK-RILEY BOARD OF DENTAL EXAMINERS: SELLE, SINGLETON BOARD OF DISPENSING OPTICIANS: HEDGES-GAJDOS, DOERR ALASKA LABOR RELATIONS AGENCY: DOYLE, ELLIOTT, MAHURIN, SMART BOARD OF MARINE PILOTS: BERTO BOARD OF MARITAL AND FAMILY THERAPY: CHRISTENSEN BOARD OF CERTIFIED DIRECT-ENTRY MIDWIVES: FLINT BOARD OF NURSING: DEAN BOARD OF EXAMINERS IN OPTOMETRY: CHRISTIANSEN, PORTER STATE PHYSICAL THERAPY AND OCCUPATIONAL THERAPY BOARD: TISLER BOARD OF PSYCHOLOGIST AND PSYCHOLOGICAL ASSOCIATE EXAMINERS: LYNCH, KAPPES BOARD OF CERTIFIED REAL ESTATE APPRAISERS: SHIDELER, CROSSON 1995-02-10 Senate Journal Page 0247 LABOR & COMMERCE CONTINUED FEB 14 TUESDAY 1:30 PM ALASKA PUBLIC UTILITIES COMMISSION: COOK ALASKA WORKERS' COMPENSATION BOARD: STOUT, KOIVISTO, WILSON, SMITH, STEMP, LEWIS, VOLLENDORF SB 78 ALCOHOL SALES IN HOTEL ROOMS BILLS PREVIOUSLY HEARD FEB 16 THURSDAY 1:30 PM SB 65 ELECTRIC & TELEPHONE COOPERATIVES BILLS PREVIOUSLY HEARD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 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 ARCTIC RESEARCH COMMISSION BRIEFING: ..DONALD O'DOWD ..GARY BRASS, EXECUTIVE DIRECTOR -- TELECONFERENCE -- FEB 13 MONDAY 3:30 PM CONFIRMATION HEARINGS: JOHN SHIVELY, COMMISSIONER DESIGNEE, DEPARTMENT OF NATURAL RESOURCES GENE BURDEN, COMMISSIONER DESIGNEE, DEPARTMENT OF ENVIRONMENTAL CONSERVATION --NOTE LOCATION CHANGE-- FEB 15 WEDNESDAY 3:30 PM SB 49 RESTRUCTURE BOARD OF FISHERIES SB 50 RESTRUCTURE BOARD OF GAME BILLS PREVIOUSLY HEARD FEB 17 FRIDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP RM 203 FEB 10 FRIDAY 12:15 PM HJR 7 EXPORT OF ALASKA OIL 1995-02-10 Senate Journal Page 0248 STATE AFFAIRS ROOM 102 FEB 14 TUESDAY 8:00 AM JOINT HOUSE & SENATE STATE AFFAIRS CONFIRMATION HEARING: PETER S. HALLGREN, COMMISSIONER DESIGNEE, PERSONNEL BOARD MARK BOYER, COMMISSIONER DESIGNEE, DEPARTMENT OF ADMINISTRATION MARGARET PUGH, COMMISSIONER DESIGNEE, DEPARTMENT OF CORRECTIONS RON OTTE, COMMISSIONER DESIGNEE, DEPARTMENT OF PUBLIC SAFETY FEB 14 TUESDAY 3:30 PM SB 5 ELECTION BALLOTS SB 51 DISPOSITION OF PERMANENT FUND INCOME SB 54 ELECTRIC & SOLID WASTE REMOVAL BILLS PREVIOUSLY HEARD FEB 16 THURSDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 FEB 14 TUESDAY 1:30 PM CONFIRMATION HEARING: COMMISSIONER DESIGNEE JOE PERKINS, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES FEB 16 THURSDAY 1:30 PM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES CORRECTIONS SENATE FINANCE 518 FEB 10 FRIDAY 1:30 PM OVERVIEW OF FY 95 SUPPLEMENTAL REQUEST (PART II) FEB 13 MONDAY 1:30 PM NO MEETING SCHEDULED FEB 15 WEDNESDAY 1:30 PM NO MEETING SCHEDULED FEB 17 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- 1995-02-10 Senate Journal Page 0249 FINANCE SUBCOMMITTEES CONTINUED EDUCATION SENATE FINANCE 518 FEB 16 THURSDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 518 FEB 14 TUESDAY 9:00 AM NO MEETING SCHEDULED FEB 16 THURSDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- FISH & GAME BELTZ ROOM 211 FEB 14 TUESDAY 8:00 AM COMMISSIONER'S OFFICE WILDLIFE CONSERVATION FEB 15 WEDNESDAY 8:00 AM SPORTS FISHERIES HABITAT SUBSISTENCE FEB 20 MONDAY 8:00 AM COMMERCIAL FISHERIES MANAGEMENT & DEVELOPMENT FEB 22 WEDNESDAY 8:00 AM COMMERCIAL FISHERIES ENTRY COMMISSION DIVISION OF ADMINISTRATIVE SERVICES ---------------------------------------- MILITARY & VETERANS AFFAIRS CAPITOL ROOM 17 FEB 13 MONDAY 5:00 PM JOINT MEETING WITH HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERAN'S AFFAIRS DEPARTMENT OF MILITARY AND VETERAN'S AFFAIRS OVERVIEW WITH ADJUTANT GENERAL JAKE LESTENKOF ---------------------------------------- NATURAL RESOURCES SENATE FINANCE 518 FEB 14 TUESDAY 3:30 PM NO MEETING SCHEDULED 1995-02-10 Senate Journal Page 0250 JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW BUTROVICH ROOM 205 FEB 14 TUESDAY 12:00 PM DISCUSSION AND PRESENTATION OF THE FOLLOWING BILLS: HB 105 REGULATIONS AND ADMINISTRATIVE HEARINGS HB 130 REGULATION ADOPTION PROCEDURES & REVIEW ---------------------------------------- LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 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 2:00PM PROPOSED OPEN MEETINGS GUIDELINES IN SENATE/HOUSE JOINT JOURNAL SUPPLEMENT NO. 4 OTHER COMMITTEES CHILDREN'S CAUCUS BUTROVICH ROOM 205 FEB 15 WEDNESDAY 12:00 PM OVERVIEW OF "INVEST IN OUR CHILDREN" BY KAREN PERDUE, COMMISSIONER OF DEPARTMENT OF HEALTH AND SOCIAL SERVICES ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM 205 FEB 10 FRIDAY 12:20 PM