Legislature(1995 - 1996)
1995-02-22 Senate Journal
Full Journal pdf1995-02-22 Senate Journal Page 0363 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Wednesday February 22, 1995 Thirty-eighth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:08 a.m. The roll showed fourteen members present. Senators Donley, Ellis, Halford, Phillips, Rieger, Taylor were absent. The prayer was offered by the Chaplain, Veronica Peirovi of the Baha'i Faith. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O my God! O my God! Unite the hearts of Thy servants, and reveal to them Thy great purpose. May they follow Thy commandments and abide in Thy law. Help them, O God, in their endeavor, and grant them the strength to serve Thee. O God! Leave them not to themselves, but guide their steps by the light of Thy knowledge, and cheer their hearts by Thy love. Verily, Thou art their Helper and their Lord. Baha'u'llah Senator Leman led the Senate in the pledge of allegiance. The presence of Senators Halford, Phillips was noted. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the thirty-seventh legislative day and Senate and House Joint Journal Supplements No. 8 and 9 be approved as certified by the Secretary. Senator Adams objected. Senator Halford withdrew his motion. 363 1995-02-22 Senate Journal Page 0364 The presence of Senators Donley, Ellis, Rieger was noted. STANDING COMMITTEE REPORTS Reports dated February 13 were read stating: The Senate Community and Regional Affairs Committee reviewed the following with regard to confirmation of the Governor's appointments: Department of Community and Regional Affairs Mike Irwin, Commissioner Designee Department of Military and Veterans Affairs Major General Jake Lestenkof, Adjutant General Designee There were no stated objections to the confirmation of the named individuals by committee members. This does not reflect an intent by any of the members to vote for or against the individuals during any further sessions. Signing the reports: Senator Torgerson, Chair, Senators Kelly, Zharoff, Phillips. SJR 4 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 4 Relating to an amendment to the Constitution of the United States setting out the authority of the United States Congress and of state legislatures to enact laws relating to limits on election campaign expenditures, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 4(STA) Relating to an amendment to the constitution of the United States setting out the authority of the United States Congress, of state legislatures, and of local governments to enact laws relating to limits on election campaign expenditures. Signing no recommendation: Senator Sharp, Chair, Senator Leman. Signing do pass: Senators Phillips, Donley, Duncan. 1995-02-22 Senate Journal Page 0365 SJR 4 Zero fiscal note published today from Department of Law. SENATE JOINT RESOLUTION NO. 4 was referred to the Judiciary Committee. SJR 14 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 14 Proposing an amendment to the Constitution of the State of Alaska relating to certain public corporations. Signing do pass: Senator Sharp, Chair, Senators Leman, Phillips, Donley. Signing no recommendation: Senator Duncan. Fiscal note published today from Office of the Governor. SENATE JOINT RESOLUTION NO. 14 was referred to the Finance Committee. SB 4 The State Affairs Committee considered 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." Signing do pass: Senator Sharp, Chair, Senators Leman, Phillips. Signing no recommendation: Senator Donley. Fiscal notes published today from Department of Law, Department of Corrections, Department of Public Safety. SPONSOR SUBSTITUTE FOR SENATE BILL NO. 4 was referred to the Judiciary Committee. SB 16 The Community and Regional Affairs Committee considered SENATE BILL NO. 16 "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation" and recommended it be replaced with 1995-02-22 Senate Journal Page 0366 SB 16 CS FOR SENATE BILL NO. 16(CRA) Signing do pass: Senator Torgerson, Chair, Senator Kelly. Signing no recommendation: Senators Phillips, Zharoff, Hoffman. Fiscal notes published today from University of Alaska, Department of Natural Resources, Department of Fish and Game. Zero fiscal notes published today from Department of Revenue (2). SENATE BILL NO. 16 was referred to the Resources Committee. SB 34 The Transportation Committee considered SENATE BILL NO. 34 "An Act amending the area within designated marine park units of the Alaska state park system, and adding marine park units to the Alaska state park system." Signing do pass: Senator Rieger, Chair, Senators Lincoln, Adams. Signing do not pass: Senator Green. Zero fiscal note published today from Department of Natural Resources. SENATE BILL NO. 34 was referred to the State Affairs Committee. SB 59 The Health, Education and Social Services Committee considered SENATE BILL NO. 59 "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." Signing do pass: Senator Green, Chair, Senators Miller, Salo, Leman. Zero fiscal note published today from Department of Education. SENATE BILL NO. 59 was referred to the Finance Committee. 1995-02-22 Senate Journal Page 0367 SB 65 The Labor and Commerce Committee considered SENATE BILL NO. 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." Signing do pass: Senator Kelly, Chair, Senator Torgerson. Signing no recommendation: Senators Miller, Salo. Fiscal notes published today from Department of Commerce and Economic Development (2). SENATE BILL NO. 65 was referred to the Finance Committee. SJR 12 The Rules Committee considered SENATE JOINT RESOLUTION NO. 12 Relating to the United States Department of Agriculture, Forest Service; relating to the United States Department of Agriculture, Forest Service, strategic plan known as "Reinvention of the Forest Service"; and advocating that implementation of the plan be suspended pending Congressional review and consultation with local governments. Signing to calendar: Senator Miller, Chair, Senators Duncan, Salo, Sharp. The resolution is on today's calendar. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 95 SENATE BILL NO. 95 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: "An Act requiring offers of automobile liability insurance to include coverage for uninsured or underinsured motor vehicles with policy limits for that coverage equal to coverage voluntarily purchased for bodily injury or death; and providing for an effective date." 1995-02-22 Senate Journal Page 0368 SB 95 was read the first time and referred to the Labor and Commerce and Finance Committees. SB 96 SENATE BILL NO. 96 BY SENATOR KELLY, entitled: "An Act relating to municipal activities or services mandated by state statute." was read the first time and referred to the Community and Regional Affairs and Finance Committees. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE RESOLUTIONS SJR 12 SENATE JOINT RESOLUTION NO. 12 Relating to the United States Department of Agriculture, Forest Service; relating to the United States Department of Agriculture, Forest Service, strategic plan known as "Reinvention of the Forest Service"; and advocating that implementation of the plan be suspended pending Congressional review and consultation with local governments, was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 266. Without objection, CS FOR SENATE JOINT RESOLUTION NO. 12(RES) was adopted and read the second time. Senator Duncan offered Amendment No. 1 : Page 3, lines 7 and 8: Delete all material. Senator Duncan moved for the adoption of Amendment No. 1. Senator Halford objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1995-02-22 Senate Journal Page 0369 SJR 12 CSSJR 12(RES) Second Reading Amendment No. 1 YEAS: 8 NAYS: 11 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Torgerson Absent: Taylor and so, Amendment No. 1 failed. Senator Halford moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE JOINT RESOLUTION NO. 12(RES) was read the third time. The question being: "Shall CS FOR SENATE JOINT RESOLUTION NO. 12(RES) Relating to the United States Department of Agriculture, Forest Service; relating to the United States Department of Agriculture, Forest Service, strategic plan known as "Reinvention of the Forest Service"; and advocating that implementation of the plan be suspended pending Congressional review and consultation with local governments, pass the Senate?" The roll was taken with the following result: 1995-02-22 Senate Journal Page 0370 SJR 12 CSSJR 12(RES) Third Reading - Final Passage YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff Nays: Ellis Absent: Taylor Salo changed from "Nay" to "Yea". and so, CS FOR SENATE JOINT RESOLUTION NO. 12(RES) passed the Senate. Senator Halford gave notice of reconsideration. UNFINISHED BUSINESS RECONSIDERATION OF SENATE BILLS SB 68 Senator Leman requested that the reconsideration on CS FOR SENATE BILL NO. 68(HES) "An Act relating to the donation to a food bank of hatchery salmon, to the donation of food by meat processors and seafood processors, and to who qualifies as a food bank" be taken up. CS FOR SENATE BILL NO. 68(HES) was before the Senate on reconsideration. Senator Leman moved and asked unanimous consent that CS FOR SENATE BILL NO. 68(HES) be returned to second reading for the purpose of a specific amendment. Senator Duncan objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. 1995-02-22 Senate Journal Page 0371 SB 68 Senator Leman offered Amendment No. 1 : Page 1, line 2: Following "meat processors": Delete "and" Insert "," Following "seafood processors,": Insert "manufacturers, packers, processors, bottlers, and similar entities," Page 2, lines 1 - 8: Delete all material and insert: (1) "donor" [(A)] includes a person, farmer, retailer, slaughterhouse under state supervision, freight company, distributor, wholesaler, meat processor, seafood processor, or similar entity, and [; (B) EXCLUDES] a person who acts in a commercial capacity as a manufacturer, packer, processor, bottler, or similar entity, even if that activity is the person's primary activity;" Senator Leman moved and asked unanimous consent that Amendment No. 1 be adopted. Without objection, Amendment No. 1 was adopted. CS FOR SENATE BILL NO. 68(HES) am was automatically in third reading. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 68(HES) am "An Act relating to the donation to a food bank of hatchery salmon, to the donation of food by meat processors, seafood processors, manufacturers, packers, processors, bottlers, and similar entities, and to who qualifies as a food bank" pass the Senate?" The roll was taken with the following result: 1995-02-22 Senate Journal Page 0372 SB 68 CSSB 68(HES) am Third Reading - On Reconsideration YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff Absent: Taylor and so, CS FOR SENATE BILL NO. 68(HES) am passed the Senate on reconsideration and was referred to the Secretary for engrossment. CITATIONS Honoring - Teresa Garrison Senator(s) Zharoff, Duncan, Donley, Lincoln, Pearce, Leman Senator Halford moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Senator Duncan announced a minority caucus. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess for the purpose of a majority caucus. Without objection, the Senate recessed at 11:44 a.m. AFTER RECESS The Senate reconvened at 12:56 p.m. 1995-02-22 Senate Journal Page 0373 UNFINISHED BUSINESS SB 13 The reconsideration on CS FOR SENATE BILL NO. 13(JUD) am(ct rule fld) "An Act relating to the admissibility into evidence of deoxyribonucleic acid (DNA) profiles in civil and criminal proceedings" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. SB 62 The reconsideration on SENATE BILL NO. 62 "An Act relating to birth certificates for certain foreign born persons who are adopted" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. Senator Halford moved and asked unanimous consent that President Pearce be excused from a call of the Senate from 5:00 p.m. plane time on February 23 to February 27, plane time. Without objection, President Pearce was excused. Senator Phillips moved and asked unanimous consent that he be excused from a call of the Senate from plane time on February 23 to February 27, plane time. Without objection, Senator Phillips was excused. Senator Rieger moved and asked unanimous consent that he be excused from a call of the Senate on February 27, plane time. Without objection, Senator Rieger was excused. Senator Zharoff moved and asked unanimous consent that he be excused from the Senate, not subject to a call, on February 27. Without objection, Senator Zharoff was excused. ANNOUNCEMENTS Announcements are at the end of the journal. 1995-02-22 Senate Journal Page 0374 ENGROSSMENT SB 13 CS FOR SENATE BILL NO. 13(JUD) am(ct rule fld) "An Act relating to the admissibility into evidence of deoxyribonucleic acid (DNA) profiles in civil and criminal proceedings," was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 62 SENATE BILL NO. 62 "An Act relating to birth certificates for certain foreign born persons who are adopted," was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 68 CS FOR SENATE BILL NO. 68(HES) am "An Act relating to the donation to a food bank of hatchery salmon, to the donation of food by meat processors, seafood processors, manufacturers, packers, processors, bottlers, and similar entities, and to who qualifies as a food bank," was engrossed, signed by the President and Secretary and transmitted to the House for consideration. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., February 23, 1995. Without objection, the Senate adjourned at 1:00 p.m. Nancy Quinto Secretary of the Senate February 1995 1995-02-22 Senate Journal Page 0375 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 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 22 WEDNESDAY 9:00 AM PRESENTATION BY OMB COVERING FY95 SUPPLEMENTALS ..ENTIRE FY95 SUPPLEMENTAL REQUEST SB 40 APPROP: AHFC TO GENERAL FUND SB 84 APPROP: TO PERMANENT FUND PRINCIPAL SB 37 END PERMANENT FUND DIVIDEND HOLD HARMLESS (BILLS PREVIOUSLY HEARD) FEB 23 THURSDAY 8:30 AM -- CONTINUED FROM 02/22/95 -- PRESENTATION BY OMB COVERING FY95 SUPPLEMENTALS ..ENTIRE FY95 SUPPLEMENTAL REQUEST SB 47 APUC EXTENSION AND REGULATORY COST CHARGE ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 22 WEDNESDAY 9:00 AM PRESENTATION BY THE ALASKA NATIVE HEALTH BOARD SB 88 PILOT PROGRAM FOR CHARTER SCHOOLS SB 59 REGULATIONS FOR STUDENT LOANS BILLS PREVIOUSLY HEARD 1995-02-22 Senate Journal Page 0376 HEALTH, EDUCATION & SOCIAL SERVICES CONTINUED FEB 24 FRIDAY 9:00 AM NO MEETING SCHEDULED FEB 27 MONDAY 9:00 AM SB 83 COMMR OF ED TO SERVE AT GOV'S PLEASURE SJR 17 NAT'L ENDOWMENT FOR THE HUMANITIES BILLS PREVIOUSLY HEARD FEB 28 TUESDAY 3:30 PM JOINT MEETING WITH HOUSE HESS CONFIRMATION HEARING ON BOARD OF EDUCATION APPOINTMENTS --NOTE TIME, DATE AND LOCATION CHANGES-- MAR 01 WEDNESDAY 9:00 AM SB 88 PILOT PROGRAM FOR CHARTER SCHOOLS SB 27 MISC. GRANDPARENT VISITATION RIGHTS SB 15 EXTEND FOSTER CARE REVIEW PANEL MAR 03 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 FEB 22 WEDNESDAY 1:30 PM MTG CANCELLED-BILLS HELD OVER 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 ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 FEB 23 THURSDAY 1:30 PM SB 76 NONUNION STATE EMPLOYEE SALARY INCREASE FEB 28 TUESDAY 1:30 PM SB 53 OMNIBUS INSURANCE REFORM ---------------------------------------- 1995-02-22 Senate Journal Page 0377 RESOURCES BUTROVICH ROOM 205 FEB 22 WEDNESDAY 3:30 PM SB 69 REPORTING OF HAZARDOUS SUBSTANCE -- OIL AND GAS WORK SESSION (30 MINUTES) -- SB 63 SPORT FISHING MARKETING COUNCIL/SURCHARGE BILLS PREVIOUSLY HEARD FEB 24 FRIDAY 3:30 PM -- LOCATION CHANGE -- SB 49 RESTRUCTURE BOARD OF FISHERIES SUBCOMMITTEE ONLY (LEMAN, PEARCE, HOFFMAN) FEB 25 SATURDAY 1:00 PM -- TIME AND LOCATION CHANGES -- SB 49 RESTRUCTURE BOARD OF FISHERIES SUBCOMMITTEE ONLY (LEMAN, PEARCE & HOFFMAN) ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 FEB 23 THURSDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 FEB 23 THURSDAY 1:30 PM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES CORRECTIONS SENATE FINANCE 518 FEB 22 WEDNESDAY 1:30 PM INMATE HEALTH CARE OVERVIEW BY BARBARA MIKLOS, DEPT. OF CORRECTIONS HEALTH CARE ADMINISTRATOR ..FY95 SUPPLEMENTAL REQUEST AND PROJECTED FY96 REQUEST FEB 24 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- EDUCATION SENATE FINANCE 518 FEB 23 THURSDAY 3:00 PM OVERVIEW OF GOVERNOR'S 12/15 BUDGET AND MAJOR CHANGES IN FORMULA PROGRAMS FOR FY96 ---------------------------------------- 1995-02-22 Senate Journal Page 0378 ENVIRONMENTAL CONSERVATION SENATE FINANCE 518 FEB 23 THURSDAY 10:00 AM -- TIME CHANGE -- COMMISSIONER'S OVERVIEW OF GOVERNOR'S 12/15 BUDGET, ADMINISTRATION, STATEWIDE PROGRAMS ---------------------------------------- FISH & GAME BELTZ ROOM 211 FEB 22 WEDNESDAY 8:00 AM COMMERCIAL FISHERIES ENTRY COMMISSION DIVISION OF ADMINISTRATIVE SERVICES BOARDS OF FISHERIES AND GAME MAR 07 TUESDAY 8:00 AM COMMISSIONER'S OFFICE WILDLIFE CONSERVATION JOINT COMMITTEES ADMINISTRATIVE REGULATION REVIEW BELTZ ROOM 211 FEB 22 WEDNESDAY 4:00 PM DISCUSSION AND PRESENTATION OF THE FOLLOWING: HB 105 REGULATIONS AND ADMINISTRATIVE HEARINGS HB 130 REGULATION ADOPTION PROCEDURES AND REVIEW ---------------------------------------- LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 FEB 23 THURSDAY 4:00 PM CONTINUE ALASKA HOUSING FINANCE CORPORATION OVERVIEW MAR 02 THURSDAY 4:00 PM OVERVIEW OF ALASKA RAILROAD CORPORATION MAR 16 THURSDAY 4:00 PM OVERVIEW OF ALASKA PERMANENT FUND CORPORATION ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS FAHRENKAMP RM 203 FEB 22 WEDNESDAY 8:30 AM REVIEW OF DRAFT LEGISLATION -- TELECONFERENCE -- 1995-02-22 Senate Journal Page 0379 OTHER COMMITTEES CHILDREN'S CAUCUS BUTROVICH ROOM 205 FEB 22 WEDNESDAY 12:00 PM HEAD START'S FUTURE: DIRECTOR, AK HEAD START INJURY PREVENTION PLAN: PHS EMS ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM 205 FEB 22 WEDNESDAY 11:45 AM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 FEB 22 WEDNESDAY 11:45 AM MINORITY CAUCUS