Legislature(1995 - 1996)
1995-02-23 Senate Journal
Full Journal pdf1995-02-23 Senate Journal Page 0381 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Thursday February 23, 1995 Thirty-ninth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:26 a.m. The roll showed nineteen members present. Senator Taylor was absent. The prayer was offered by the Chaplain, Jackie Tagaban of the Baha'i Faith. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O Thou merciful God! O Thou who art mighty and powerful! O Thou most kind father! These servants have gathered together, turning to Thee, supplicating Thy threshold, desiring Thine endless bounties from Thy great assurance. They have no purpose save Thy good-pleasure. They have no intention save service to the world of humanity. O God! Make this assemblage radiant. Make the hearts merciful. Confer the bounties of the Holy Spirit. Endow them with a power from heaven. Bless them with heavenly minds. Increase their sincerity so that with all humility and contrition they may turn to Thy Kingdom and be occupied with service to the world of humanity. May each one become a radiant candle. May each one become a brilliant star. May each one become beautiful in color and redolent of fragrance in the Kingdom of God. O kind Father! Confer Thy blessings. Consider not our shortcomings. Shelter us under Thy protection. Remember not our sins. Heal us with Thy mercy. We are weak; Thou art mighty. We are poor; Thou art rich. We are sick; Thou art the Physician. We are needy; Thou art most generous. O God! Endow us with Thy providence. Thou art the Powerful! Thou art the Giver! Thou art the Beneficent! 'Abdu'l-Baha 381 1995-02-23 Senate Journal Page 0382 Senator Lincoln led the Senate in the pledge of allegiance. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the thirty-seventh legislative day be approved as certified by the Secretary with the following correction: Page 357 at the end of the first paragraph insert a new sentence to read: "Without objection, it was so ordered." Delete the next sentence and insert: "The presiding officer then ruled the motion out of order." Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the journal for the thirty-eighth legislative day and Senate and House Joint Journal Supplements No. 8 and 9 be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE HCR 1 Message of February 22 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(FIN), thus passing: SENATE CS FOR CS FOR HOUSE CON- CURRENT RESOLUTION NO. 1(STA) am S Creating the Long Range Financial Planning Commission. Message of February 22 was read, stating the House passed and transmitted for consideration: 1995-02-23 Senate Journal Page 0383 FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 18 HOUSE JOINT RESOLUTION NO. 18 am BY REPRESENTATIVES KOTT, Toohey, James, Relating to medical savings account legislation. was read the first time and referred to the Health, Education and Social Services Committee. FIRST READING AND REFERENCE OF HOUSE BILLS HB 39 CS FOR HOUSE BILL NO. 39(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to the authority of mobile intensive care paramedics, physician assistants, and emergency medical technicians to pronounce death under certain circumstances." was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. HB 58 CS FOR HOUSE BILL NO. 58(RES) BY THE HOUSE RESOURCES COMMITTEE, entitled: "An Act establishing the Chickaloon Flats Critical Habitat Area." was read the first time and referred to the State Affairs, Resources and Finance Committees. 1995-02-23 Senate Journal Page 0384 COMMUNICATIONS The following report was received and is on file in the Office of the Secretary of the Senate: Storage Tank Assistance Fund Annual Report, Fiscal Year 1994 from Gene Burden, Commissioner, Department of Environmental Conservation in accordance with AS 46.03.363 (Distributed to all Senators) STANDING COMMITTEE REPORTS SB 47 The Finance 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: Senators Frank, Halford, Cochairs, Senators Phillips, Sharp. Signing no recommendation: Senators Rieger, Zharoff. Signing amend: Senator Donley. Senator Zharoff further signed - too long. Zero fiscal note published today from Department of Revenue. Previous fiscal note and zero fiscal note. SENATE BILL NO. 47 was referred to the Rules Committee. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 8 SENATE CONCURRENT RESOLUTION NO. 8 BY THE SENATE RULES COMMITTEE BY REQUEST, 1995-02-23 Senate Journal Page 0385 SCR 8 Approving the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics. was read the first time and referred to the Rules Committee. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 97 SENATE BILL NO. 97 BY SENATOR LINCOLN, entitled: "An Act declaring the dragonfly as the official state insect." was read the first time and referred to the Resources Committee. SB 98 SENATE BILL NO. 98 BY THE SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: "An Act making changes related to the aid to families with dependent children program, the Medicaid program, the general relief assistance program, and the adult public assistance program; directing the Department of Health and Social Services to apply to the federal government for waivers to implement the changes where necessary; relating to eligibility for permanent fund dividends of certain individuals who receive state assistance, to notice requirements applicable to the dividend program; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. SB 99 SENATE BILL NO. 99 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to the practice of architecture, engineering, and land surveying." 1995-02-23 Senate Journal Page 0386 SB 99 was read the first time and referred to the Labor and Commerce and Finance Committees. CONSIDERATION OF THE CALENDAR CITATIONS Honoring - Alaska Native Education, First Interior Youth Leadership Conference Senator(s) Lincoln, Zharoff, Ellis, Hoffman, Adams, Pearce, Duncan, Leman Representative(s) Nicholia Honoring - Professor Neal Brown, University of Alaska Fairbanks Representative(s) Davies Senator(s) Frank, Miller, Sharp, Zharoff, Hoffman, Lincoln, Pearce, Duncan, Leman 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 SJR 12 The reconsideration on 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, was not taken up this legislative day and the resolution was referred to the Secretary for engrossment. SB 93 Senator Green moved and asked unanimous consent that she be shown as a cosponsor on SENATE BILL NO. 93 "An Act relating to the disposal of state land along the Dalton Highway; and providing for an effective date." Without objection, it was so ordered. 1995-02-23 Senate Journal Page 0387 Senator Green moved and asked unanimous consent that she be excused from a call of the Senate from February 24 to February 27, plane time. Without objection, Senator Green was excused. Senator Lincoln moved and asked unanimous consent that she be excused from a call of the Senate on February 27. Without objection, Senator Lincoln was excused. President Pearce made the following appointments: SPECIAL COMMITTEES Bond Reimbursement and Grant Review Committee Senator Phillips LEGISLATIVE TASK FORCES Pacific Fisheries Legislative Task Force Senator Leman Senator Zharoff Western States Legislative Forestry Task Force Senator Taylor Senator Torgerson Senator Zharoff, Alternate Energy Council Executive Committee: Council: Senator Pearce Senator Green Senator Leman Senator Salo Exxon Valdez Oil Spill Settlement Trustees - Public Advisory Council Senator Lincoln, ex officio Aerospace Development Corporation Senator Frank Alaska Amateur Sports Authority Senator Kelly 1995-02-23 Senate Journal Page 0388 Education Commission of the States (Compact for Education) Senator Salo Alaska Commission on Postsecondary Education Senator Ellis Alaska Seafood Marketing Institute Board Senator Hoffman, ex officio Telecommunications Information Council Senator Rieger NATIONAL CONFERENCE OF STATE LEGISLATORS Assembly on the Legislature Governing Board Senator Pearce Children, Family and Social Services Senator Duncan Commerce and Economic Development Senator Kelly Senator Torgerson Education Senator Zharoff State-Federal Assembly Agriculture and International Trade Senator Torgerson Senator Donley Energy and Transportation Senator Green Federal Budget and Taxation Senator Duncan 1995-02-23 Senate Journal Page 0389 Health Senator Duncan WESTERN LEGISLATIVE CONFERENCE Governing Board Senator Pearce Executive Committee Senator Kelly Senator Taylor Economic Development and International Trade Committee Senator Torgerson Health and Education Committee Senator Duncan Ocean Resources Committee Senator Kelly Senator Zharoff Suggested State Legislation Committee Senator Donley Water Policy Committee Senator Zharoff ANNOUNCEMENTS Announcements are at the end of the journal. 1995-02-23 Senate Journal Page 0390 ENGROSSMENT SJR 12 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, 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 27, 1995. Without objection, the Senate adjourned at 11:43 a.m. Nancy Quinto Secretary of the Senate February 1995 1995-02-23 Senate Journal Page 0391 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 24 FRIDAY 1:30 PM NO MEETING SCHEDULED FEB 27 MONDAY 1:30 PM NO MEETING SCHEDULED MAR 01 WEDNESDAY 1:30 PM NO MEETING SCHEDULED MAR 03 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 518 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 FEB 28 TUESDAY 2:00 PM HEALTH AND SOCIAL SERVICES OPERATING BUDGET OVERVIEW MAR 01 WEDNESDAY 9:00 AM -- PREVIOUSLY SCHEDULED BILLS -- SB 19 LEGISLATIVE SESSIONS TO BE IN ANCHORAGE SB 37 END PERMANENT FUND DIVIDEND HOLD HARMLESS SB 40 APPROP: AHFC TO GENERAL FUND SB 84 APPROP: TO PERMANENT FUND PRINCIPAL 1995-02-23 Senate Journal Page 0392 FINANCE CONTINUED MAR 02 THURSDAY 9:00 AM SB 1 REVIEW OF FEDERALLY MANDATED PROGRAMS SB 5 ELECTION BALLOTS SB 70 PUBLIC SCHOOL FOUNDATION PROGRAM SB 78 ALCOHOL SALES IN HOTEL ROOMS MAR 02 THURSDAY 1:30 PM DEPARTMENT OF LAW OPERATING BUDGET OVERVIEW MAR 03 FRIDAY 9:00 AM BILLS PREVIOUSLY HEARD MAR 07 TUESDAY 1:30 PM COURT SYSTEM OPERATING BUDGET OVERVIEW ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 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 24 FRIDAY 1:30 PM NO MEETING SCHEDULED 1995-02-23 Senate Journal Page 0393 JUDICIARY CONTINUED FEB 27 MONDAY 1:30 PM <BILLS HELD OVER FROM 2/22/95> 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 MAR 01 WEDNESDAY 1:30 PM SB 4 DWI LAWS BILLS PREVIOUSLY HEARD MAR 03 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 SB 94 WORKERS' COMP FOR WORK-STUDY STUDENTS SB 95 INSURANCE AGAINST UNINSURED DRIVERS MAR 07 TUESDAY 1:30 PM SB 25 REPEAL VEGETABLE DEALER LICENSING SB 58 USE OF TITLE "INDUSTRIAL HYGIENIST" SB 99 ARCHITECT, ENGINEER & SURVEYOR REGULATION SB 43 ARCHITECTS, ENGINEERS, LAND SURVEYORS ---------------------------------------- RESOURCES ANCHORAGE LIO 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) 1995-02-23 Senate Journal Page 0394 RESOURCES CONTINUED FEB 27 MONDAY 3:30 PM HJR 27 EXEMPT ALASKA FROM FED CLEAN WATER ACT SB 93 DISPOSAL OF LAND ALONG THE DALTON HWY HB 121 SALVAGE TIMBER SALES BILLS PREVIOUSLY HEARD MAR 01 WEDNESDAY 3:30 PM COMMUNITY DEVELOPMENT QUOTA BRIEFING: KARL OHLS WESTERN ALASKA FISHERIES DEVELOPMENT ASSOCIATION BILLS PREVIOUSLY HEARD MAR 03 FRIDAY 3:30 PM SB 16 INCREASE LAND GRANT TO UNIV. OF ALASKA SB 56 RIGHTS IN TIDE/SUBMERGED LAND BILLS PREVIOUSLY HEARD ---------------------------------------- RULES FAHRENKAMP ROOM 203 FEB 27 MONDAY 9:00 AM SCR 8 APPROVING LEG. OPEN MEETINGS GUIDELINES SB 47 APUC EXTENSION AND REGULATORY COST CHARGE FEB 28 TUESDAY 0:00 AM SENATE COMPUTER/SOFTWARE PROPOSAL TO MEET UPON ADJOURNMENT ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 FEB 23 THURSDAY 3:30 PM NO MEETING SCHEDULED FEB 28 TUESDAY 3:30 PM SB 72 VOLUNTEERS AND EMPLOYEES OF NONPROFITS SB 92 AHFC SUBJECT TO EXEC. BUDGET ACT BILLS PREVIOUSLY HEARD MAR 02 THURSDAY 3:30 PM SB 80 MUNICIPAL POLICE SERVICES HCR 5 PEARL HARBOR REMEMBRANCE DAY HCR 8 WOMEN'S HISTORY MONTH HCR 11 SOBRIETY AWARENESS MONTH: MARCH 1995 <PENDING REFERRAL> BILLS PREVIOUSLY HEARD ---------------------------------------- 1995-02-23 Senate Journal Page 0395 TRANSPORTATION BUTROVICH ROOM 205 FEB 23 THURSDAY 1:30 PM NO MEETING SCHEDULED FEB 28 TUESDAY 1:30 PM NO MEETING SCHEDULED MAR 02 THURSDAY 1:30 PM SB 86 COMMEMORATIVE GOLD RUSH LICENSE PLATES PRESENTATION BY THE PORT OF BELLINGHAM BILLS PREVIOUSLY HEARD FINANCE SUBCOMMITTEES CORRECTIONS SENATE FINANCE 518 FEB 24 FRIDAY 1:30 PM NO MEETING SCHEDULED FEB 27 MONDAY 1:30 PM OVERVIEWS OF COMMUNITY CORRECTIONS AND POINT MACKENZIE PROGRAM: FY95 SUPPLEMENTAL REQUEST AND PROJECTED FY96 REQUEST MAR 01 WEDNESDAY 1:30 PM OVERVIEWS OF INSTITUTIONS, INMATE PROGRAMS AND CORRECTIONAL INDUSTRIES: FY95 SUPPLEMENTAL REQUEST AND PROJECTED FY96 REQUEST MAR 03 FRIDAY 1:30 PM OVERVIEWS OF GOVERNOR'S 12/15 BUDGET, KNOWLES BUDGET AMENDMENTS, AND COMMUNITY JAILS TRANSFER FROM DEPARTMENT OF PUBLIC SAFETY ---------------------------------------- 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 MAR 02 THURSDAY 3:00 PM OVERVIEWS OF ALASKA POSTSECONDARY EDUCATION COMMISSION AND STUDENT LOAN CORPORATION -- NOTE TIME CHANGE -- ---------------------------------------- 1995-02-23 Senate Journal Page 0396 FINANCE SUBCOMMITTEES CONTINUED ENVIRONMENTAL CONSERVATION SENATE FINANCE 518 FEB 23 THURSDAY 10:00 AM -- MEETING POSTPONED -- -- TIME CHANGE -- COMMISSIONER'S OVERVIEW OF GOVERNOR'S 12/15 BUDGET, ADMINISTRATION, STATEWIDE PROGRAMS FEB 28 TUESDAY 9:00 AM COMMISSIONER'S OVERVIEW OF FY96 BUDGET, OVERVIEWS OF STATEWIDE PROGRAMS BRU AND ADMINISTRATION BRU (EXCEPT FOR RESPONSE FUND ADMINISTRATION COMPONENT) MAR 02 THURSDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- FISH & GAME BELTZ ROOM 211 MAR 07 TUESDAY 8:00 AM COMMISSIONER'S OFFICE WILDLIFE CONSERVATION ---------------------------------------- NATURAL RESOURCES SENATE FINANCE 518 FEB 28 TUESDAY 3:30 PM JOINT HOUSE AND SENATE SUBCOMMITTEE MEETING: FORESTRY/AGRICULTURE JOINT COMMITTEES 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