Legislature(1995 - 1996)

1995-02-27 Senate Journal

Full Journal pdf

1995-02-27                     Senate Journal                      Page 0403
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                     NINETEENTH LEGISLATURE - FIRST SESSION                    
                                                                               
                                                                               
Juneau, Alaska                       Monday          February 27, 1995         
                                                                               
                                Forty-third Day                                
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:19 a.m.                                                           
                                                                               
The roll showed seventeen members present.  Senators Lincoln,                  
Sharp were excused from a call of the Senate.  Senator Kelly was               
absent.                                                                        
                                                                               
The prayer was offered by the Chaplain, the Reverend Dale Sarles               
of Saint Andrew's Episcopal Church, Petersburg.  Senator Adams                 
moved and asked unanimous consent that the prayer be spread.                   
Without objection, it was so ordered.                                          
                                                                               
Be among us with power, O God.  Uplift us, and                                
make us whole.  Love us deeply so we may                                       
remember we are loveable.  May the busyness of                                 
this day not make us insensitive to one another.                               
Give us the ability to see good things in unexpected                           
places, and talents in unexpected people.  And give                            
us the grace to tell them so.                  Amen.                           
                                                                               
Senator Miller led the Senate in the pledge of allegiance.                     
                                                                               
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Halford moved and asked unanimous consent that the                     
journals for the thirty-ninth, fortieth, forty-first and forty-second          
legislative days be approved as certified by the Secretary.  Without           
objection, it was so ordered.                                                  
                                                                               
                                                                               
                                      403                                      

1995-02-27                     Senate Journal                      Page 0404
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
Letter of February 24 was read, stating in accordance with AS                  
39.05.080 and Article III Sections 25 and 26 of the Alaska                     
Constitution, I submit the following name for legislative confirmation         
of appointment to the position noted:                                          
                                                                               
	Department of Fish and Game                                                 
		Commissioner designee Frank Rue                                              
                                                                               
The appointment was referred to the Resources Committee.                       
                                                                               
The resume for this appointment has been submitted to the Offices              
of the Senate Secretary and the Chief Clerk.                                   
                                                                               
                                                                               
                          STANDING COMMITTEE REPORTS                         
                                                                               
SB 76                                                                        
The Labor and Commerce Committee considered SENATE BILL                        
NO. 76 "An Act relating to salaries for officers and employees of              
the state who are not members of a collective bargaining unit; and             
providing for an effective date."  Signing do pass: Senator Kelly,             
Chair, Senator Duncan.  Signing no recommendation: Senators                    
Miller, Torgerson, Salo.                                                       
                                                                               
Fiscal notes published today from Legislative Affairs Agency, Alaska           
Court System, Department of Administration.                                    
                                                                               
SENATE BILL NO. 76 was referred to the Finance Committee.                      
                                                                               
SCR 8                                                                        
The Rules Committee considered SENATE CONCURRENT                               
RESOLUTION NO. 8 Approving the revised open meetings                           
guidelines proposed by the Select Committee on Legislative Ethics.             
Signing to calendar and do pass: Senator Miller, Chair, Senators               
Pearce, Duncan, Salo.                                                          
                                                                               
Zero fiscal note published today from the Senate Rules Committee.              
                                                                               
The resolution is on today's calendar.                                         
                                                                               

1995-02-27                     Senate Journal                      Page 0405
SCR 8                                                                        
Senator Halford moved and asked unanimous consent that SENATE                  
CONCURRENT RESOLUTION NO. 8 be returned to the Rules                           
Committee.  Without objection, it was so ordered.                              
                                                                               
                                                                               
                  INTRODUCTION AND REFERENCE OF SENATE BILLS                 
                                                                               
SB 100                                                                       
SENATE BILL NO. 100 BY THE SENATE LABOR AND                                    
COMMERCE COMMITTEE BY REQUEST, entitled:                                       
                                                                               
"An Act relating to unfair discrimination against a                           
physician assistant or acupuncturist under a group                             
health insurance policy."                                                      
                                                                               
was read the first time and referred to the Health, Education and              
Social Services and Labor and Commerce Committees.                             
                                                                               
SB 101                                                                       
SENATE BILL NO. 101 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
"An Act relating to adjustments to royalty reserved                           
to the state to encourage otherwise uneconomic                                 
production of oil and gas; relating to the depositing                          
of royalties and royalty sale proceeds in the Alaska                           
permanent fund; and providing for an effective                                 
date."                                                                         
                                                                               
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
Fiscal note published today from Department of Natural Resources.              
Zero fiscal notes published today from Department of Revenue,                  
Department of Natural Resources.                                               
                                                                               
Governor's transmittal letter dated February 27:                               
                                                                               
Dear President Pearce:                                                         
                                                                               
                                                                               

1995-02-27                     Senate Journal                      Page 0406
SB 101                                                                       
Under the authority of art. III, sec. 18, of the Alaska Constitution,          
I am transmitting a bill relating to the reduction of royalties reserved       
to the state to encourage otherwise uneconomic production of oil and           
gas from marginal fields and to prolong the production life of                 
declining fields.                                                              
                                                                               
The bill would change existing royalty reduction provisions to grant           
the commissioner of the Department of Natural Resources greater                
discretion to provide royalty relief to lessees when necessary and             
clarify the commissioner's authority to grant such relief under                
various provisions in AS38.05.180.                                             
                                                                               
The proposed changes will require the lessee to make a clear and               
convincing showing that a royalty reduction is necessary and is in             
the best interest of the state.  The commissioner may condition                
granting of a royalty reduction in any way necessary to protect the            
state's best interests, such as increasing the state's royalty share if        
the price of oil or gas rises.                                                 
                                                                               
Finally, the bill maintains the royalty contributions to the permanent         
fund so that the fund would never receive a royalty less than that             
provided under existing statutes.                                              
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
						Sincerely,                                                               
						/s/                                                                      
 						Tony Knowles                                                            
						Governor                                                                 
                                                                               
                                                                               
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                                  CITATIONS                                  
                                                                               
Honoring - Charles Brewster                                              
Senator(s) Green, Kelly, Duncan, Donley, Lincoln, Zharoff, Pearce,             
Halford, Leman, Salo, Rieger, Taylor                                           
                                                                               
                                                                               

1995-02-27                     Senate Journal                      Page 0407
Honoring - Klawock "Chieftains" Girls Basketball Team, 1995                    
Southeast Region 5, 1A Tournament Champs                                       
Representative(s) Mackie                                                       
Senator(s) Zharoff, Green, Kelly, Adams, Duncan, Hoffman, Lincoln,             
Leman, Pearce, Salo, Taylor                                                    
                                                                               
Commemorating Black History Month - February 1-28, 1995                        
Representative(s) B. Davis                                                     
Senator(s) Kelly, Duncan, Lincoln, Ellis, Zharoff, Pearce, Salo,               
Taylor                                                                         
                                                                               
Honoring - North Star Elementary School, Blue Ribbon School of                 
Excellence                                                                     
Representative(s) Green                                                        
Senator(s) Salo, Green, Kelly, Duncan, Hoffman, Donley, Lincoln,               
Leman, Pearce, Taylor                                                          
                                                                               
Honoring - Service "Cougars" 1994 State Football Champions                     
Representative(s) Green                                                        
Senator(s) Salo, Rieger, Green, Kelly, Duncan, Hoffman, Donley,                
Lincoln, Leman, Pearce, Taylor                                                 
                                                                               
In Memoriam - Joseph "Joey" Jackovich                                          
Representative(s) Kelly, Brice                                                 
Senator(s) Sharp, Frank, Miller, Green, Duncan, Hoffman, Lincoln,              
Zharoff, Halford, Taylor                                                       
                                                                               
Honoring - Bethel "Lady Warriors" Basketball Team                              
Representative(s) Ivan                                                         
Senator(s) Hoffman, Kelly, Adams, Duncan, Lincoln, Leman, Zharoff,             
Pearce, Green, Taylor                                                          
                                                                               
Honoring - Bethel "Warriors" Basketball Team                                   
Representative(s) Ivan                                                         
Senator(s) Hoffman, Kelly, Adams, Duncan, Lincoln, Leman, Zharoff,             
Pearce, Green, Taylor                                                          
                                                                               
Honoring - Bethel "Warriors" Cheerleaders and Team Mascot                      
Representative(s) Ivan                                                         
Senator(s) Hoffman, Kelly, Adams, Duncan, Lincoln, Leman, Zharoff,             
Pearce, Green, Taylor                                                          
                                                                               

1995-02-27                     Senate Journal                      Page 0408
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.                                 
                                                                               
                                                                               
Senator Halford moved and asked unanimous consent that the notice              
and publication requirements be waived and the following citation be           
made a special order of business.  Without objection, it was so                
ordered.                                                                       
                                                                               
                         SPECIAL ORDER OF BUSINESS                         
                                                                               
Honoring - John W. Sibert, Ph.D.                                               
Senator(s) Pearce, Ellis, Rieger, Halford, Taylor, Miller, Leman,              
Frank, Duncan, Zharoff, Green                                                  
                                                                               
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.                                     
                                                                               
                                                                               
                                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 28, 1995.  Without             
objection, the Senate adjourned at 11:35 a.m.                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                         February 1995         

1995-02-27                     Senate Journal                      Page 0409
                                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 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 520                              
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                                     
                                                                               
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 03                               FRIDAY                    9:00 AM         
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                                                               

1995-02-27                     Senate Journal                      Page 0410
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
FEB 27                               MONDAY                    9:00 AM         
 	--MEETING POSTPONED-BILLS HELD OVER TO 3/1/95--                              
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                                         
 	BILLS HELD FROM 3/1/95:                                                      
SB  83	COMMR OF ED TO SERVE AT GOV'S PLEASURE                                  
SJR 17	NAT'L ENDOWMENT FOR THE HUMANITIES                                      
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
MAR 03                               FRIDAY                    9:00 AM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
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                                                         
                    ----------------------------------------                   
                                                                               
                                                                               

1995-02-27                     Senate Journal                      Page 0411
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
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                                  
                               BUTROVICH ROOM 205                              
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 28                              TUESDAY                    3:30 PM         
SB  72	VOLUNTEERS AND EMPLOYEES OF NONPROFITS                                  
SB  92	AHFC SUBJECT TO EXEC. BUDGET ACT                                        
 	BILLS PREVIOUSLY HEARD                                                       

1995-02-27                     Senate Journal                      Page 0412
                           STATE AFFAIRS CONTINUED                           
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                                                       
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                               BUTROVICH ROOM 205                              
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 520                              
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                                             
                    ----------------------------------------                   
                                                                               
                                 COURT SYSTEM                                
                               SENATE FINANCE 520                              
MAR 07                              TUESDAY                    1:30 PM         
 	COURT SYSTEM OPERATING BUDGET OVERVIEW                                       
                    ----------------------------------------                   
                                                                               
                                                                               

1995-02-27                     Senate Journal                      Page 0413
                                  EDUCATION                                  
                               SENATE FINANCE 520                              
MAR 02                              THURSDAY                   3:00 PM         
 	OVERVIEWS OF ALASKA POSTSECONDARY EDUCATION                                  
 	COMMISSION AND STUDENT LOAN CORPORATION                                      
 	-- NOTE TIME CHANGE --                                                       
                    ----------------------------------------                   
                                                                               
                          ENVIRONMENTAL CONSERVATION                         
                               SENATE FINANCE 520                              
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                                                        
                    ----------------------------------------                   
                                                                               
                           HEALTH & SOCIAL SERVICES                          
                               SENATE FINANCE 520                              
FEB 28                              TUESDAY                    2:00 PM         
 	HEALTH & SOCIAL SERVICES OPERATING BUDGET                                    
 	OVERVIEW                                                                     
                    ----------------------------------------                   
                                                                               
                                     LAW                                     
                               SENATE FINANCE 520                              
MAR 02                              THURSDAY                   1:30 PM         
 	DEPARTMENT OF LAW OPERATING BUDGET OVERVIEW                                  
                    ----------------------------------------                   
                                                                               
                              NATURAL RESOURCES                              
                               SENATE FINANCE 520                              
FEB 28                              TUESDAY                    3:30 PM         
 	JOINT HOUSE AND SENATE SUBCOMMITTEE MEETING:                                 
 	FORESTRY/AGRICULTURE                                                         
                    ----------------------------------------                   
                                                                               
                                                                               

1995-02-27                     Senate Journal                      Page 0414
                                PUBLIC SAFETY                                
                              FAHRENKAMP ROOM 203                              
FEB 28                              TUESDAY                    4:00 PM         
 	DEPARTMENT OF PUBLIC SAFETY'S REQUEST FOR THE                                
 	FY95 SUPPLEMENTAL BILLS                                                      
                    ----------------------------------------                   
                                                                               
                      TRANSPORTATION & PUBLIC FACILITIES                     
                              FAHRENKAMP ROOM 203                              
MAR 01                             WEDNESDAY                   3:00 PM         
 	DOTPF REQUEST FOR FY95 SUPPLEMENTAL BILL                                     
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                          LEGISLATIVE BUDGET & AUDIT                         
                               HOUSE FINANCE 519                               
MAR 02                              THURSDAY                   4:00 PM         
 	OVERVIEW OF ALASKA RAILROAD CORPORATION                                      
                                                                               
MAR 16                              THURSDAY                   4:00 PM         
 	OVERVIEW OF ALASKA PERMANENT FUND CORPORATION                                
                                                                               
                               OTHER COMMITTEES                              
                                                                               
                              CHILDREN'S CAUCUS                              
                               BUTROVICH ROOM 205                              
MAR 01                             WEDNESDAY                  12:00 PM         
 	HEALTH & SOCIAL SERVICES OVERVIEW:                                           
 	INVEST IN OUR CHILDREN                                                       
                    ----------------------------------------                   
                                                                               
                               MAJORITY CAUCUS                               
                               BUTROVICH ROOM 205                              
FEB 27                               MONDAY                   12:00 PM         
 	MAJORITY CAUCUS                                                              
                    ----------------------------------------                   
                                                                               
                               MINORITY CAUCUS                               
                                 BELTZ ROOM 211                                
FEB 27                               MONDAY                   11:35 AM         
 	MINORITY CAUCUS