Legislature(1995 - 1996)
1995-02-15 Senate Journal
Full Journal pdf1995-02-15 Senate Journal Page 0283 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Wednesday February 15, 1995 Thirty-first Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:12 a.m. The roll showed nineteen members present. Senator Adams was absent. The prayer was offered by the Chaplain, the Reverend Larry Olson of the Eagle Wings Community Church. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord, be with the men and women of this Senate, as they work very hard in the positions to which they have been elected. Strengthen them and watch over them as they go about their duties. Be with their families, as this is certainly a stressful session for them as well. Lord, these are times of transition and change in our state and nation. May those who are entrusted with power be guided by love and mercy, grace and kindness. We pray for those people and those causes we bring before You silently now. In your name we ask these things. Amen. Senator Hoffman led the Senate in the pledge of allegiance. 283 1995-02-15 Senate Journal Page 0284 CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the thirtieth legislative day and Senate Journal Supplement No. 3 be approved as certified by the Secretary. Without objection, it was so ordered. STANDING COMMITTEE REPORTS Disclosure letters were received in accordance with AS 24.60 and will be published in Senate Journal Supplement No. 4 and a House and Senate Joint Journal Supplement. Report dated February 14 was read stating: The Senate Labor and Commerce Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: State Board of Registration for Architects, Engineers, Land Surveyors Mary Ann Pease - Anchorage D. Lance Mearig, P.E. - Juneau Athletic Commission Kenneth P. Asplund - Anchorage Board of Barbers and Hairdressers Julie A. Flint - Juneau Board of Chiropractic Examiners Patricia G. Conners-Allen, D.C. - Juneau Virginia C. Phillips - Sitka Board of Clinical Social Work Examiners James W. Henkelman, L.C.S.W. - Anchorage Colleen C. Patrick-Riley - Anchorage Board of Dental Examiners Lt. Commander Benjamin T. Selle, D.M.D. - Dillingham James C. Singleton, D.D.S. - Anchorage 1995-02-15 Senate Journal Page 0285 Board of Dispensing Opticians Patricia Hedges-Gajdos - Fairbanks Pamela L. Doerr - Anchorage Alaska Labor Relations Agency Robert A. Doyle - Palmer James W. Elliott - Anchorage Karen J. Mahurin - Kenai Bill J. Smart - Ketchikan - Resigned: 08/01/94 Board of Marine Pilots Robert M. Berto - Ketchikan Board of Marital and Family Therapy Maureen P. Christensen, M.Ed. L.M.F.T. - Anchorage Board of Certified Direct-Entry Midwives Sydney Flint - Fairbanks Board of Nursing Louise M. Dean - Anchorage Board of Examiners in Optometry Randall W. Christiansen, O.D. - Fairbanks Marilyn S. Porter - Anchorage State Physical Therapy and Occupational Therapy Board Bonnie W. Tisler, P.T. - Anchorage Board of Psychologist and Psychological Associate Examiners Timothy M. Lynch, Esq. - Anchorage Bruno M. Kappes, Ph.D. - Anchorage Board of Certified Real Estate Appraisers Richard L. Shideler - Juneau Susan K. Crosson - Anchorage Alaska Public Utilities Commission Tim Cook, Esq. - Anchorage 1995-02-15 Senate Journal Page 0286 Alaska Workers' Compensation Board Richard B. Stout - Palmer Clifford D. Koivisto - Nikiski Paula J. Wilson - Juneau Darrell F. Smith - Anchorage Marc D. Stemp - Juneau C. Russell Lewis - Anchorage Patricia A. Vollendorf - Anchorage This does not reflect an intent by any of the members to vote for or against this appointment during any further considerations. Signing the report: Senator Kelly, Chair, Senators Torgerson, Miller, Salo. Further signing - do pass: Senators Kelly, Torgerson, Miller. Senator Salo further signed - confirm those recommended by the Governor. SB 45 The Labor and Commerce Committee considered 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." Signing no recommendation: Senator Kelly, Chair, Senator Torgerson. Signing do pass: Senator Miller. Signing do not pass: Senator Salo. Zero fiscal note published today from Department of Labor. SENATE BILL NO. 45 was referred to the Judiciary Committee. SB 58 The Health, Education and Social Services Committee considered SENATE BILL NO. 58 "An Act restricting the use of the title `industrial hygienist' and related titles and initials." Signing do pass: Senator Green, Chair, Senator Leman. Signing no recommendation: Senators Miller, Salo. Zero fiscal note published today from Department of Labor. SENATE BILL NO. 58 was referred to the Labor and Commerce Committee. 1995-02-15 Senate Journal Page 0287 SB 62 The Health, Education and Social Services Committee considered SENATE BILL NO. 62 "An Act relating to birth certificates for certain foreign born persons who are adopted." Signing do pass: Senator Green, Chair, Senators Leman, Miller. Signing no recommendation: Senator Salo. Zero fiscal note published today from Department of Health and Social Services. SENATE BILL NO. 62 was referred to the Rules Committee. SB 78 The Labor and Commerce Committee considered SENATE BILL NO. 78 "An Act related to the authority of certain beverage dispensary licensees to stock alcoholic beverages in guest rooms and prohibiting certain room rentals for the purpose of providing alcoholic beverages to a person under 21 years of age." Signing do pass: Senator Kelly, Chair. Signing no recommendation: Senators Miller, Torgerson, Salo. Zero fiscal note published today from Department of Revenue. SENATE BILL NO. 78 was referred to the Finance Committee. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SJR 16 SENATE JOINT RESOLUTION NO. 16 BY SENATOR TAYLOR, Proposing an amendment to the Constitution of the State of Alaska relating to the duration of a regular session. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. 1995-02-15 Senate Journal Page 0288 SJR 17 SENATE JOINT RESOLUTION NO. 17 BY SENATORS RIEGER, Taylor, Adams, Supporting the Alaska Humanities Forum and the National Endowment for the Humanities; endorsing federal legislation reauthorizing and funding the National Endowment for the Humanities; requesting the United States Congress to fund the National Endowment for the Humanities at a fair and reasonable level; and urging the President of the United States to support legislation reauthorizing and funding at a fair and reasonable level the National Endowment for the Humanities. was read the first time and referred to the Health, Education and Social Services Committee. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 20 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 20 BY SENATORS TORGERSON, Pearce, Kelly, entitled: "An Act establishing the Alaska municipal basic services program, relating to certain programs of state aid to municipalities and recipients in the unorganized borough; and providing for an effective date." was read the first time and referred to the Community and Regional Affairs and Finance Committees. SB 88 SENATE BILL NO. 88 BY SENATORS SHARP, Frank, Miller, Taylor, entitled: "An Act establishing a pilot program for charter schools; and providing for an effective date." 1995-02-15 Senate Journal Page 0289 SB 88 was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 89 SENATE BILL NO. 89 BY SENATORS RIEGER, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Sharp, Taylor, Torgerson, entitled: "An Act relating to the members of the board and staff of the Alaska Permanent Fund Corporation." was read the first time and referred to the State Affairs and Finance Committees. UNFINISHED BUSINESS HJR 7 Senator Halford requested that the reconsideration on CS FOR HOUSE JOINT RESOLUTION NO. 7(O&G) am Supporting the lifting of the ban on the export of Alaska North Slope crude oil, requesting the President of the United States to present to the United States Congress a recommendation that it is both in the national interest to lift the ban on the export of Alaska North Slope crude oil and discriminatory to the state to maintain the ban, and endorsing passage of H.R. 70 and S. 70, companion federal legislation to remove restraints on the export of that oil, be taken up at this time. Senator Halford called the Senate. Senator Halford moved and asked unanimous consent that Senator Adams be shown as excused from a call of the Senate for the rest of today. Senator Duncan objected. Senator Duncan called the Senate. President Pearce ruled the call dilatory. Senator Duncan appealed the ruling of the Chair. 1995-02-15 Senate Journal Page 0290 The question being: "Shall the ruling of the Chair be upheld? Uphold the ruling of the Chair? YEAS: 11 NAYS: 8 EXCUSED: 0 ABSENT: 1 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Torgerson, Zharoff Absent: Adams and so the ruling of the Chair was upheld. Senator Halford moved and asked unanimous consent that Senator Adams be excused from a call of the Senate for the rest of the day. Senator Duncan maintained his objection. The question being: "Shall Senator Adams be excused from a call of the Senate on February 15?" Excuse Senator Adams for today? YEAS: 12 NAYS: 7 EXCUSED: 0 ABSENT: 1 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Absent: Adams and so, Senator Adams was excused from a call of the Senate. HOUSE RESOLUTIONS ON RECONSIDERATION HJR 7 CS FOR HOUSE JOINT RESOLUTION NO. 7(O&G) am was before the Senate in third reading on reconsideration. 1995-02-15 Senate Journal Page 0291 HJR 7 The question to be reconsidered: "Shall CS FOR HOUSE JOINT RESOLUTION NO. 7(O&G) am Supporting the lifting of the ban on the export of Alaska North Slope crude oil, requesting the President of the United States to present to the United States Congress a recommendation that it is both in the national interest to lift the ban on the export of Alaska North Slope crude oil and discriminatory to the state to maintain the ban, and endorsing passage of H.R. 70 and S. 70, companion federal legislation to remove restraints on the export of that oil, pass the Senate?" The roll was taken with the following result: CSHJR 7(O&G)am Third Reading - On Reconsideration YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Adams and so, CS FOR HOUSE JOINT RESOLUTION NO. 7(O&G) am passed the Senate on reconsideration. CS HOUSE JOINT RESOLUTION NO. 7(O&G) am was signed by the President and Secretary and returned to the House. HJR 13 Senator Halford requested that the reconsideration on CS FOR HOUSE JOINT RESOLUTION NO. 13 (O&G) Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas exploration, development, and production, be taken up at this time. Senator Halford called the Senate. HOUSE RESOLUTIONS ON RECONSIDERATION HJR 13 CS FOR HOUSE JOINT RESOLUTION NO. 13(O&G) was before the Senate in third reading on reconsideration. 1995-02-15 Senate Journal Page 0292 HJR 13 Senator Lincoln moved that the resolution be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Senator Taylor objected. The question being: "Shall CS FOR HOUSE JOINT RESOLUTION NO. 13(O&G) be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: CSHJR 13(O&G) Return to Second for Specific Amendment YEAS: 9 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Hoffman, Lincoln, Phillips, Rieger, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Sharp, Taylor, Torgerson Excused: Adams Kelly changed from "Yea" to "Nay". Pearce changed from "Yea" to "Nay". and so, the resolution was not returned to second reading. Senator Taylor moved and asked unanimous consent to extend the call of the Senate to the full order of business. Senator Duncan objected. Senator Taylor withdrew his motion. The question to be reconsidered: "Shall CS FOR HOUSE JOINT RESOLUTION NO. 13 (O&G) Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas exploration, development, and production, pass the Senate?" The roll was taken with the following result: 1995-02-15 Senate Journal Page 0293 HJR 13 CSHJR 13(O&G) Third Reading - On Reconsideration 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, CS FOR HOUSE JOINT RESOLUTION NO. 13(O&G) passed the Senate on reconsideration. CS FOR HOUSE JOINT RESOLUTION NO. 13(O&G) was signed by the President and Secretary and returned to the House. CONSIDERATION OF THE CALENDAR CITATIONS Honoring - Admiral Jeremy Michael Boorda, USN, Chief of Naval Operations Representative(s) Mulder Senator(s) Kelly, Green, Duncan, Leman, Pearce, Taylor, Halford, Donley Honoring - Mt. Edgecumbe "Lady Braves" Girls High School Basketball Team, 1995 Region 5, 3A Tournament Champions Representative(s) Grussendorf Senator(s) Taylor, Duncan, Leman, Zharoff, Pearce, Adams, Lincoln, Kelly Honoring - Cynthia Lynnett Morman Representative(s) Willis Senator(s) Halford, Green, Duncan, Taylor, Phillips 1995-02-15 Senate Journal Page 0294 Honoring - Alaska Society, Daughters of the American Revolution 38th State Conference Representative(s) Willis Senator(s) Pearce, Halford, Green, Duncan, Zharoff, Taylor, Phillips, Kelly Honoring - Matthew D. Adamson, Eagle Scout Representative(s) Vezey Senator(s) Sharp, Green, Duncan, Leman, Zharoff, Taylor, Miller, Lincoln Honoring - Yakutat "Eagles" Girls High School Basketball Team, 1995 Region 5, 2A Tournament Champions Representative(s) Mackie Senator(s) Zharoff, Duncan, Leman, Pearce, Adams, Taylor, Hoffman, Lincoln Honoring - Hydaburg "Warriors" Boys High School Basketball Team, 1995 Region 5, 1A Basketball Champions Representative(s) Mackie Senator(s) Zharoff, Duncan, Leman, Pearce, Adams, Taylor, Hoffman, Lincoln In Memoriam - Edwin Kasko Representative(s) Mackie Senator(s) Zharoff, Duncan, Leman, Taylor, Hoffman, 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 Ellis moved and asked unanimous consent to withdraw his previous excuse from a call of the Senate on February 17. Without objection, it was so ordered. Senator Ellis moved and asked unanimous consent that he be excused from a call of the Senate on February 21. Without objection, Senator Ellis was excused. 1995-02-15 Senate Journal Page 0295 Senator Ellis moved and asked unanimous consent to withdraw his previous excuse from a call of the Senate on February 16. Without objection, it was so ordered. President Pearce directed the Secretary of the Senate to read a communication from the House. Senator Duncan rose to a point of order. President Pearce stated the point of order was not well taken. Senator Halford moved and asked unanimous consent to return to Communications. Without objection, it was so ordered. COMMUNICATIONS Message dated February 15 was read stating: The House of Representatives respectfully invites the Senate to a Joint Session now for the purpose of considering confirmations. Senator Halford moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. Senators Duncan, Zharoff, Hoffman objected. The question being: "Shall the Senate accept the House invitation to Joint Session?" The roll was taken with the following result: Accept House invitation Joint Session YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Adams and so the Senate accepted the House invitation. Senator Duncan announced a minority caucus. 1995-02-15 Senate Journal Page 0296 The Senate stood at ease to attend Joint Session. 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 who called the Joint Session to order at 1:00 p.m. The purpose of the Joint Session was to consider the governor's confirmations. The roll of the House showed 38 members present. Representatives Brown, Kott were excused from a call. The roll of the Senate was called showing 19 members present. Senator Adams was excused from a call. The Boards and Commissions are as follows: 1995 CONFIRMATION OF GOVERNOR'S APPOINTMENTS MADE POST SESSION 1994 State Board of Registration for Architects, Engineers, Land Surveyors Mary Ann Pease - Anchorage Appointed: 08/10/94; Expires: 07/01/98 D. Lance Mearig, P.E. - Juneau Appointed: 07/05/94; Expires: 07/01/98 Athletic Commission Kenneth P. Asplund - Anchorage Appointed: 06/30/94; Expires: 05/14/96 Board of Governors of the Alaska Bar Joseph N. Faulhaber - Fairbanks Appointed: 08/10/94; Expires: 06/30/97 Board of Barbers and Hairdressers Julie A. Flint - Juneau Appointed: 10/28/94; Expires: 07/01/96 Big Game Commercial Services Board Robert A. Hinman - Juneau Appointed: 02/18/92; Reappointed: 06/30/94; Expires: 06/30/98 1995-02-15 Senate Journal Page 0297 Board of Chiropractic Examiners Patricia G. Conners-Allen, D.C. - Juneau Appointed: 09/02/92; Reappointed: 07/29/94; Expires: 7/15/98 Virginia C. Phillips - Sitka Appointed: 03/07/94; Reappointed: 07/29/94; Expires: 07/15/98 Board of Clinical Social Work Examiners James W. Henkelman, L.C.S.W. - Anchorage Appointed: 06/30/93; Reappointed: 07/01/94; Expires: 07/01/98 Colleen C. Patrick-Riley - Anchorage Appointed: 02/27/92; Reappointed: 07/01/94; Expires: 07/01/98 Board of Dental Examiners Lt. Commander Benjamin T. Selle, D.M.D. - Dillingham Appointed: 10/28/94; Expires: 02/01/95 James C. Singleton, D.D.S. - Anchorage Appointed: 10/07/94; Expires: 02/01/98 Board of Dispensing Opticians Patricia Hedges-Gajdos - Fairbanks Appointed: 08/17/92; Reappointed: 06/14/94; Expires: 06/14/98 Pamela L. Doerr - Anchorage Appointed: 05/27/92; Reappointed: 06/14/94; Expires: 06/14/98 Board of Fisheries Virgil Umphenour - Fairbanks Appointed: 07/22/94; Expires: 01/31/96 Alaska Labor Relations Agency Robert A. Doyle - Palmer Appointed: 10/07/94; Expires: 06/30/96 James W. Elliott - Anchorage Appointed: 01/22/92; Reappointed: 06/30/94; Expires: 06/30/97 Karen J. Mahurin - Kenai Appointed: 08/11/93; Reappointed: 06/30/94; Expires: 06/30/97 Board of Marine Pilots Robert M. Berto - Ketchikan Appointed: 09/30/94; Expires: 06/01/98 Board of Marital and Family Therapy Maureen P. Christensen, M.Ed. L.M.F.T. - Anchorage Appointed: 10/07/94; Expires: 12/14/97 1995-02-15 Senate Journal Page 0298 Board of Certified Direct-Entry Midwives Sydney Flint - Fairbanks Appointed: 08/17/92; Reappointed: 07/21/94; Expires: 07/21/98 Board of Nursing Louise M. Dean - Anchorage Appointed: 04/10/90; Reappointed: 06/06/94; Expires: 03/31/98 Board of Examiners in Optometry Randall W. Christiansen, O.D. - Fairbanks Appointed: 03/12/92; Reappointed: 06/15/94; Expires: 06/15/98 Marilyn S. Porter - Anchorage Appointed: 12/14/92; Reappointed: 06/15/94; Expires: 06/15/98 Personnel Board Peter S. Hallgren, Esq. - Sitka Appointed: 06/07/94; Expires: 06/20/00 State Physical Therapy and Occupational Therapy Board Bonnie W. Tisler, P.T. - Anchorage Appointed: 04/14/92; Reappointed: 09/01/94; Expires: 09/01/98 Professional Teaching Practices Commission Mary Lou Madden, Ph.D. - Sitka Appointed: 10/07/94; Expires: 07/01/96 Christine A. Niemi - Juneau Appointed: 12/06/93; Reappointed: 07/01/94; Expires: 07/01/97 Brian L. Carter - North Pole Appointed: 09/21/92; Reappointed: 07/01/94; Expires: 07/01/97 William A. McCain - Wasilla Appointed: 09/30/92; Reappointed: 07/01/94; Expires: 07/01/97 Board of Psychologist and Psychological Associate Examiners Timothy M. Lynch, Esq. - Anchorage Appointed: 10/07/94; Expires: 07/01/96 Bruno M. Kappes, Ph.D. - Anchorage Appointed: 03/22/93; Reappointed: 07/01/94; Expires: 07/01/98 Board of Certified Real Estate Appraisers Richard L. Shideler - Juneau Appointed: 10/07/94; Expires: 06/30/98 Susan K. Crosson - Anchorage Appointed: 06/30/94; Expires: 06/30/98 1995-02-15 Senate Journal Page 0299 Alaska Public Utilities Commission Tim Cook, Esq. - Anchorage Appointed: 10/31/94; Expires: 10/31/00 Alaska Workers' Compensation Board Richard B. Stout - Palmer Appointed: 10/07/94; Expires: 07/01/97 Clifford D. Koivisto - Nikiski Appointed: 10/07/94; Expires: 07/01/96 Paula J. Wilson - Juneau Appointed: 07/06/94; Expires: 07/01/97 Darrell F. Smith - Anchorage Appointed: 08/19/88; Reappointed: 07/05/94; Expires: 07/01/97 Marc D. Stemp - Juneau Appointed: 08/14/91; Reappointed: 07/05/94; Expires: 07/01/97 C. Russell Lewis - Anchorage Appointed: 07/05/94; Expires: 07/01/95 Patricia A. Vollendorf - Anchorage Appointed: 07/01/93; Reappointed: 07/05/94; Expires: 07/01/97 Senator Halford called the Joint Session. Senator Halford moved that the Joint Session confirm the appointees as stated in the 1995 Confirmation of Governor's Appointments Made Post Session 1994 as listed above. Senator Duncan objected. Senator Duncan moved that the Joint Session adjourn. The question being: "Shall the Joint Session adjourn?" The roll of the Senate was called with the following result: Shall the Joint Session Adjourn? YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff, Donley Nays: Frank, Green, Halford, Kelly, Leman, Miller, Phillips, Rieger, Sharp, Taylor, Torgerson, Pearce Excused: Adams 1995-02-15 Senate Journal Page 0300 The roll of the House was taken with the following result: Adjourn Joint Session YEAS: 13 NAYS: 25 EXCUSED: 2 ABSENT: 0 Yeas: Brice, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brown, Kott TOTAL: YEAS: 20 NAYS: 37 EXCUSED: 3 ABSENT: 0 and so, the motion failed. Representative Davies moved that the Joint Session postpone action on confirmations until Monday, February 20. Representative Toohey objected. The question being: "Shall the Joint Session postpone action on confirmations until Monday, February 20?" The roll of the House was taken with the following result: Move to postpone to 2/20 YEAS: 13 NAYS: 25 EXCUSED: 2 ABSENT: 0 Yeas: Brice, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brown, Kott 1995-02-15 Senate Journal Page 0301 The roll of the Senate was called with the following result: Move to postpone to 2/20 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Hoffman, Lincoln, Salo, Zharoff, Donley, Duncan Nays: Frank, Green, Halford, Kelly, Leman, Miller, Phillips, Rieger, Sharp, Taylor, Torgerson, Pearce Excused: Adams TOTAL: YEAS: 20 NAYS: 37 EXCUSED: 3 ABSENT: 0 and so, the motion failed. Senator Kelly moved that the following documents be spread: Memo dated: February 3, 1995 From: Terri Lauterbach, Legislative Counsel To: Senator Kelly Subject:When the Governor Sends to the Chief Clerk and the Senate Secretary a Copy of a Letter of Appointment, Does this Constitute Gubernatorial Presentment of the Appointee's Name for Purposes of Legislative Confirmation? (Work Order No. 9- LS0643) Memo dated: February 3, 1995 From: Terri Lauterbach, Legislative Counsel To: Senator Kelly Subject:Status of Appointees Whose Names Have Not Been Presented to the Legislature (Work Order No. 9- LS0638) and requested the Chief Clerk to read into the record the list of the 1995 Confirmation of the Governor's Appointments Made Post Session 1994 (Senate Journal page 296). Representative Finkelstein objected. 1995-02-15 Senate Journal Page 0302 Senator Kelly moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. Senator Kelly moved that the Chief Clerk read into the record the list of the 1995 Confirmation of the Governor's Appointments Made Post Session 1994. Without objection, the list was read (Senate Journal page 296). Senator Miller rose to a point of order. President Pearce stated the point of order was well taken. Senator Duncan rose to a point of order questioning whether the appointees were properly before the Joint Session. President Pearce stated the point of order was not well taken. Senator Duncan appealed the ruling of the Chair. The question being: "Shall the ruling of the Chair be upheld?" The roll of the Senate was called with the following result: Uphold ruling of the Chair YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Phillips, Rieger, Sharp, Taylor, Torgerson, Pearce Nays: Hoffman, Lincoln, Salo, Zharoff, Donley, Duncan, Ellis Excused: Adams The roll of the House was taken with the following result: Uphold ruling of the Chair YEAS: 25 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams 1995-02-15 Senate Journal Page 0303 Nays: Brice, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis Excused: Brown, Kott TOTAL: YEAS: 37 NAYS: 20 EXCUSED: 3 ABSENT: 0 and so, the ruling of the Chair was upheld. Senator Kelly moved that the following three documents be spread in a Joint Journal Supplement: Memo dated: February 3, 1995 From: Terri Lauterbach, Legislative Counsel To: Senator Kelly Subject:When the Governor Sends to the Chief Clerk and the Senate Secretary a Copy of a Letter of Appointment, Does this Constitute Gubernatorial Presentment of the Appointee's Name for Purposes of Legislative Confirmation? (Work Order No. 9- LS0643) Memo dated: February 3, 1995 From: Terri Lauterbach, Legislative Counsel To: Senator Kelly Subject:Status of Appointees Whose Names Have Not Been Presented to the Legislature (Work Order No. 9- LS0638) Memo dated: February 14, 1995 From: Terri Lauterbach, Legislative Counsel To: Senator Pearce Subject:Appointments and Legislative Confirmation (Work Order No. 9-LS0686) Representative Finkelstein objected. Representative Finkelstein moved to amend the motion to keep the record open until the end of the week for possible inclusions of other documents. Senator Halford objected. 1995-02-15 Senate Journal Page 0304 Representative Finkelstein moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. Senator Duncan moved to amend the motion to include the following documents: Letter dated: March 26, 1993 From:Attorney General Charles E. Cole and Assistant Attorney General Barbara J. Blasco To:The Honorable William K. Williams, House Resources Committee, State Capitol, Room 128, Juneau, AK 99801-1182 Re: Governor's Appointment Authority Letter dated: February 15, 1991 From:Attorney General Charles E. Cole and Assistant Attorney General James L. Baldwin To:The Honorable Dave Donley, Chairman, House Judiciary Committee, Alaska House of Representatives, P.O. Box V, Juneau, Alaska 99811 Re:Second follow-up on committee testimony regarding governor's power of appointment Memo dated: April 30, 1991 From: Assistant Attorney General James L. Baldwin Governmental Affairs - Juneau To:Don Tanner, Director, Boards and Commissions, Office of the Governor - Juneau Subject: APUC appointment of Donald Schorer Memo dated: February 3, 1983 From: Norman C. Gorsuch, Attorney General To:Kevin Bruce, Special Assistant, Office of the Governor Subject: Withdrawal of appointment Memo dated: December 10, 1979 From: Avrum M. Gross, Attorney General To: Vicki A. Clayman, Office of the Governor Subject: Reappointment to boards or commissions 1995-02-15 Senate Journal Page 0305 Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the motion as amended be adopted. Without objection, it was so ordered. The above referenced documents appear in House and Senate Joint Journal Supplement No. 7. Senator Halford rose to a point of order regarding debate. President Pearce said the point was well taken. Senator Taylor formally called for the question. Representative Finkelstein rose to a point of order, regarding adequate notification of the Joint Session. President Pearce stated the point was not well taken. Senator Taylor moved to limit debate, not to exceed fifteen minutes. Objections were heard. Representative Navarre rose to a point of order. President Pearce cited chapter 36 of Mason's Manual. Senator Duncan moved to amend the motion to allow debate not to exceed 10:00 p.m. Objections were heard. Senator Duncan moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that he be allowed to withdraw his motion. Without objection, it was so ordered. The question being: "Shall the 1995 Confirmation of Governor's Appointments made Post Session 1994 be approved?" The roll of the House was taken with the following result: HOUSE "Shall the 1995 confirmation of Governor's appointments made post session 1994 be approved?" YEAS: 23 NAYS: 2 EXCUSED: 2 NOT VOTING: 13 1995-02-15 Senate Journal Page 0306 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Austerman, Moses Excused: Brown, Kott Not Voting: Brice, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis The roll of the Senate was called with the following result: SENATE "Shall the 1995 confirmation of Governor's appointments made post session 1994 be approved?" YEAS: 12 EXCUSED: 1 ABSENT: 0 NOT VOTING: 7 Yeas: Green, Halford, Kelly, Leman, Miller, Phillips, Rieger, Sharp, Taylor, Torgerson, Frank, Pearce Excused: Adams Not voting: Hoffman, Lincoln, Salo, Zharoff, Donley, Duncan, Ellis TOTAL: YEAS: 35 NAYS: 2 EXCUSED: 3 NOT VOTING: 20 and so, the governor's appointments made Post Session 1994 were confirmed. Senator Halford moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Pearce adjourned the Joint Session at 4:45 p.m. IN THE SENATE ANNOUNCEMENTS Announcements are at the end of the journal. 1995-02-15 Senate Journal Page 0307 ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 16, 1995. Without objection, the Senate adjourned at 4:57 p.m. Nancy Quinto Secretary of the Senate February 1995 1995-02-15 Senate Journal Page 0308 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 15 WEDNESDAY 1:30 PM SB 16 INCREASE LAND GRANT TO UNIV. OF ALASKA SB 56 RIGHTS IN TIDE/SUBMERGED LAND MTG CANCELLED-BILLS HELD OVER TO 2/20/95 FEB 17 FRIDAY 1:30 PM NO MEETING SCHEDULED FEB 20 MONDAY 1:30 PM PRESENTATION BY LOCAL BOUNDARY COMMISSION BILLS HELD FROM PREVIOUS CALENDARS: SB 16 INCREASE LAND GRANT TO UNIV. OF ALASKA SB 56 RIGHTS IN TIDE/SUBMERGED LAND FEB 22 WEDNESDAY 1:30 PM SB 20 ALASKA MUNICIPAL BASIC SERVICES PROGRAM -- TELECONFERENCE -- FEB 24 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 518 FEB 15 WEDNESDAY 9:00 AM <BILLS HELD FROM PREVIOUS CALENDARS> -- MEETING CANCELLED -- ---------------------------------------- 1995-02-15 Senate Journal Page 0309 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 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 -- MEETING POSTPONED -- CONFIRMATION HEARING POSTPONED SB 70 PUBLIC SCHOOL FOUNDATION PROGRAM WORK SESSION ON ABOVE BILL 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 15 WEDNESDAY 1:30 PM MTG CANCELLED-BILLS HELD OVER TO 2/22/95 SB 46 PROSECUTE JUVENILE AS ADULT IN DIST. CT. SB 14 INCREASED PENALTIES FOR JOYRIDING BILLS PREVIOUSLY HEARD FEB 20 MONDAY 1:30 PM NO MEETING SCHEDULED FEB 22 WEDNESDAY 1:30 PM SB 46 PROSECUTE JUVENILE AS ADULT IN DIST. CT. SB 82 DRIVER'S LIC REVOCATION;ALCOHOL/DRUGS SB 3 ANTITRUST EXEMPTION FOR FISHERMEN SB 21 FINES FOR COMMERCIAL FISHING VIOLATIONS BILLS PREVIOUSLY HEARD: SB 14 INCREASED PENALTIES FOR JOYRIDING SB 10 CRIMINAL DISCOVERY RULES FEB 24 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- 1995-02-15 Senate Journal Page 0310 LABOR & COMMERCE FAHRENKAMP RM 203 FEB 16 THURSDAY 1:30 PM MTG CANCELLED-BILLS HELD OVER TO 2/21/95 SB 65 ELECTRIC & TELEPHONE COOPERATIVES BILLS PREVIOUSLY HEARD FEB 21 TUESDAY 1:30 PM SB 65 ELECTRIC & TELEPHONE COOPERATIVES <BILL HELD OVER> FEB 23 THURSDAY 1:30 PM SB 76 NONUNION STATE EMPLOYEE SALARY INCREASE FEB 28 TUESDAY 1:30 PM SB 53 OMNIBUS INSURANCE REFORM ---------------------------------------- RESOURCES BUTROVICH ROOM 205 FEB 15 WEDNESDAY 3:30 PM MTG CANCELLED-BILLS HELD OVER TO 2/20/95 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 15 WEDNESDAY 5:00 PM SB 66 SLED DOG RACE CLASSICS TO MEET UPON ADJOURNMENT ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 FEB 16 THURSDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 FEB 16 THURSDAY 1:30 PM NO MEETING SCHEDULED 1995-02-15 Senate Journal Page 0311 FINANCE SUBCOMMITTEES CORRECTIONS SENATE FINANCE 518 FEB 15 WEDNESDAY 1:30 PM NO MEETING SCHEDULED FEB 17 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- EDUCATION SENATE FINANCE 518 FEB 16 THURSDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 518 FEB 16 THURSDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- FISH & GAME BELTZ ROOM 211 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 JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 FEB 16 THURSDAY 3:00 PM OVERSIGHT HEARING AK INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY (AIDEA) ---------------------------------------- 1995-02-15 Senate Journal Page 0312 SELECT COMMITTEE ON LEGISLATIVE ETHICS FAHRENKAMP RM 203 FEB 22 WEDNESDAY 8:30 AM REVIEW OF DRAFT LEGISLATION -- TELECONFERENCE -- 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 ---------------------------------------- MINORITY CAUCUS BUTROVICH ROOM 205 FEB 15 WEDNESDAY 12:30 PM MINORITY CAUCUS FEB 15 WEDNESDAY 3:20 PM JOINT HOUSE & SENATE MINORITY CAUCUS ---------------------------------------- JOINT SESSION OF LEGISLATURE HOUSE CHAMBER FEB 15 WEDNESDAY 12:30 PM CONFIRMATIONS FEB 21 TUESDAY 11:00 AM HONORABLE FRANK MURKOWSKI, UNITED STATES SENATOR