Legislature(1995 - 1996)
1995-03-02 Senate Journal
Full Journal pdf1995-03-02 Senate Journal Page 0451 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Thursday March 2, 1995 Forty-sixth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:11 a.m. The roll showed fourteen members present. Senators Frank, Halford, Phillips, Rieger, Sharp, Zharoff were absent. The prayer was offered by the Chaplain, the Reverend Laura Minich Lockey of the Holy Trinity Episcopal Church. Senator Taylor moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O God, the fountain of wisdom, whose will is good and gracious, and whose law is Truth: We beseech You so to guide and bless our Senators assembled that they may lay aside all differences and enact such laws as will serve all Your people. Send down upon them the spirit of wisdom, charity and justice; that with steadfast purpose they may serve in their offices to promote the well-being of all. In Your Holy Name we pray. Amen. Senator Salo led the Senate in the pledge of allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the forty-fifth legislative day be approved as certified by the Secretary. Senator Duncan objected. Senator Duncan called the Senate. Senator Duncan lifted the call. Senator Duncan withdrew his objection. There being no further objections, the journal was certified. 451 1995-03-02 Senate Journal Page 0452 The presence of Senators Halford, Zharoff, Phillips, Sharp, Frank, Rieger was noted. MESSAGES FROM THE HOUSE SJR 6 Message of March 1 was read, stating the House passed and returned: CS FOR SENATE JOINT RESOLUTION NO. 6(RES) Relating to federally held property in those states, including Alaska, admitted to the Union since 1802. CS FOR SENATE JOINT RESOLUTION NO. 6(RES) was referred to the Secretary for enrollment. SCR 8 Message of March 1 was read, stating the House passed and returned for consideration CS FOR SENATE CONCURRENT RESOLUTION NO. 8(RLS) Approving in part the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics, with the following amendment: Page 1, line 1: Delete "in part" Page 1, line 11, after "are", through page 2, line 6: Delete all material. Insert "approved." and so, CS FOR SENATE CONCURRENT RESOLUTION NO. 8(RLS) am H Approving the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics, was transmitted for consideration. President Pearce stated the House message would be held on the Secretary's desk. Message of March 1 was read, stating the House passed and transmitted for consideration: 1995-03-02 Senate Journal Page 0453 FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 11 HOUSE CONCURRENT RESOLUTION NO. 11 BY REPRESENTATIVES NICHOLIA, Grussendorf, Robinson, Navarre, Elton, Toohey, James, Designating March 1995 as Sobriety Awareness Month, commonly referred to as "SAM." was read the first time and referred to the State Affairs Committee. FIRST READING AND REFERENCE OF HOUSE BILLS HB 19 HOUSE BILL NO. 19(title am) BY REPRESENTATIVE THERRIAULT, entitled: "An Act amending the definition of `fault' as that term is used for the purposes of determining the liabilities of parties in civil actions; amending the definition of `fault' as it relates to setting limitations on civil liability; and amending the definition of `fault' as it relates to authorizing the award, in conformance with applicable court rule, of attorney fees in civil actions." (House Letter of Intent offered on House Journal page 266.) was read the first time and referred to the Judiciary Committee. HB 102 HOUSE BILL NO. 102 BY THE HOUSE RESOURCES COMMITTEE, entitled: "An Act extending the termination date of the Big Game Commercial Services Board." was read the first time and referred to the Resources and Finance Committees. 1995-03-02 Senate Journal Page 0454 STANDING COMMITTEE REPORTS SB 1 The Finance Committee considered SENATE BILL NO. 1 "An Act relating to state implementation of federal statutes." Signing do pass: Senators Halford, Frank, Cochairs, Senators Phillips, Sharp. Signing no recommendation: Senators Rieger, Donley, Zharoff. Zero fiscal note for all departments published today from Senate Finance Committee. The bill was referred to the Rules Committee. SB 5 The Finance Committee considered SENATE BILL NO. 5 "An Act prescribing the use and characteristics of voting booths employed in elections and the color of ballots used in state primary elections" and recommended the State Affairs Committee Substitute offered on page 315 be adopted. Signing do pass: Senators Frank, Halford, Cochairs, Senators Rieger, Phillips, Donley, Sharp. Signing no recommendation: Senator Zharoff. Previous zero fiscal note. The bill was referred to the Rules Committee. SB 83 The Health, Education and Social Services Committee considered SENATE BILL NO. 83 "An Act relating to the appointment and removal of the commissioner of education; and providing for an effective date," and recommended it be replaced with CS FOR SENATE BILL NO. 83(HES), entitled: "An Act relating to the commissioner of education and the commissioner of fish and game; and providing for an effective date." Signing do pass: Senator Green, Chair, Senators Miller, Salo, Ellis, Leman. 1995-03-02 Senate Journal Page 0455 SB 83 Previous zero fiscal note. The bill was referred to the Finance Committee. CONSIDERATION OF THE CALENDAR CITATIONS Honoring - Barbara Beedle Representative(s) Kubina Senator(s) Lincoln, Pearce, Leman, Hoffman, Duncan, Taylor, Salo, Zharoff, Rieger Honoring - Foundation for Parents and Children, Carol H. Brice Family Center Representative(s) Brice Senator(s) Frank, Pearce, Duncan, Taylor, Lincoln, Salo, Zharoff, Miller, Green Honoring - Howard Hosken Upon His Retirement Representative(s) Mulder Senator(s) Pearce, Leman, Duncan, Taylor, Lincoln, Salo, Zharoff, Rieger, Kelly Honoring - Larry Shoogukwruk Representative(s) Foster Senator(s) Adams, Leman, Hoffman, Duncan, Taylor, Lincoln, Zharoff, Rieger, Green Honoring - The Franklin Graham Crusade Team Senator(s) Leman, Pearce, Hoffman, Duncan, Taylor, Halford, Zharoff, Miller, Green In Memoriam - Gary Lee Leonard Representative(s) Foster Senator(s) Adams, Leman, Hoffman, Duncan, Taylor, Lincoln, Zharoff, Rieger 1995-03-02 Senate Journal Page 0456 In Memoriam - Roy Peter Otton Representative(s) Foster Senator(s) Adams, Pearce, Hoffman, Duncan, Taylor, Lincoln, Zharoff, Rieger In Memoriam - Elsie "Eeseeq" Okitkon Representative(s) Foster Senator(s) Adams, Hoffman, Duncan, Taylor, Lincoln, Zharoff, Rieger In Memoriam - Kenneth William Dewey Jr. Representative(s) Foster Senator(s) Adams, Hoffman, Duncan, Taylor, Lincoln, Zharoff, Rieger In Memoriam - Warren K. Adloat Representative(s) Foster Senator(s) Adams, Hoffman, Duncan, Taylor, Lincoln, Zharoff, Rieger In Memoriam - Earl Kiyutelluk Scott Representative(s) Foster Senator(s) Adams, Hoffman, Duncan, Taylor, Lincoln, Zharoff, Rieger In Memoriam - Maria Miller Senator(s) Zharoff, Hoffman, Duncan, Taylor, Lincoln, Rieger 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. 1995-03-02 Senate Journal Page 0457 UNFINISHED BUSINESS HB 121 Senators Taylor, Miller moved and asked unanimous consent that they be shown as cross sponsors on HOUSE BILL NO. 121 (title am) "An Act relating to salvage sales of state timber and to negotiated sales of state timber in areas where there exists, or will exist in two years, a high level of unemployment, underutilized manufacturing capacity, and an underutilized cut of timber, timber that will lose substantial economic value due to insects, disease, or fire, or timber to be cleared for nonforest uses." Without objection, it was so ordered. SB 103 Senator Taylor moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 103 "An Act providing an income tax credit for certain taxpayers who provide child care for their employee's minor children; and providing for an effective date." Without objection, it was so ordered. SB 105 Senator Green moved and asked unanimous consent that she be shown as a cosponsor on SENATE BILL NO. 105 "An Act relating to a requirement that a parent, guardian, or custodian consent before a minor receives an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of `abortion'; and amending Alaska Rules of Civil Procedure 40, 53, and 79; Alaska Rules of Appellate Procedure 204, 210, 212, 213, 508, and 512.5; and Alaska Administrative Rule 9." Without objection, it was so ordered. Senator Ellis moved and asked unanimous consent that he be excused from a call of the Senate on March 3. Without objection, Senator Ellis was excused. ANNOUNCEMENTS Announcements are at the end of the journal. 1995-03-02 Senate Journal Page 0458 ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 3, 1995. Without objection, the Senate adjourned at 11:23 a.m. Nancy Quinto Secretary of the Senate March 1995 1995-03-02 Senate Journal Page 0459 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 MAR 03 FRIDAY 1:30 PM NO MEETING SCHEDULED MAR 06 MONDAY 1:30 PM NO MEETING SCHEDULED MAR 08 WEDNESDAY 1:30 PM SB 87 ALCOHOLIC BEVERAGES: LOCAL OPTION & MISC. SB 96 UNFUNDED MANDATES ON MUNICIPALITIES MAR 10 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 520 MAR 02 THURSDAY 9:00 AM SB 1 REVIEW OF FEDERALLY MANDATED PROGRAMS SB 5 ELECTION BALLOTS SB 70 PUBLIC SCHOOL FOUNDATION PROGRAM MAR 03 FRIDAY 9:00 AM -- MEETING CANCELLED -- BILLS PREVIOUSLY HEARD MAR 07 TUESDAY 9:00 AM SB 57 APPROP: SUPPLEMENTAL FOR FY 95 HB 137 APPROP: SUPPLEMENTAL FOR FY 95 <PENDING REFERRAL> 1995-03-02 Senate Journal Page 0460 FINANCE CONTINUED MAR 08 WEDNESDAY 9:00 AM SB 21 FINES FOR COMMERCIAL FISHING VIOLATIONS SB 39 MEMORIAL SCHOLARSHIP LOANS SB 59 REGULATIONS FOR STUDENT LOANS SJR 14 CONFIRMATION OF MEMBERS OF PUBLIC CORP MAR 09 THURSDAY 9:00 AM BILLS PREVIOUSLY HEARD: 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 PREVIOUSLY SCHEDULED BILLS: SB 70 PUBLIC SCHOOL FOUNDATION PROGRAM ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 03 FRIDAY 9:00 AM NO MEETING SCHEDULED MAR 06 MONDAY 9:00 AM SB 100 DISCRIMINATION UNDER GROUP HEALTH INS. HB 39 AUTHORITY TO PRONOUNCE DEATH HJR 18 SUPPORT MEDICAL SAVINGS ACCT LEGISLATION MAR 08 WEDNESDAY 9:00 AM SB 88 PILOT PROGRAM FOR CHARTER SCHOOLS <BILL HELD OVER FROM 3/1/95> SB 91 CRIMINAL TRANSMISSION OF HIV SB 98 PERSONAL RESPONSIBILITY ACT OF 1995 MAR 10 FRIDAY 9:00 AM SB 98 PERSONAL RESPONSIBILITY ACT OF 1995 ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAR 03 FRIDAY 1:30 PM NO MEETING SCHEDULED MAR 06 MONDAY 1:30 PM NO MEETING SCHEDULED MAR 08 WEDNESDAY 1:30 PM HB 27 DNA TESTING OF VIOLENT OFFENDERS HB 26 DEPOSITIONS IN CRIMINAL CASES SB 67 UNLAWFUL EVASIONS CLASS A MISDEMEANOR SB 7 NO BAIL FOR FELONS W/PREVIOUS CONVICTIONS 1995-03-02 Senate Journal Page 0461 JUDICIARY CONTINUED MAR 10 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAR 02 THURSDAY 1:30 PM SB 53 OMNIBUS INSURANCE REFORM <BILL HELD OVER FROM 2/28/95> 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 MAR 09 THURSDAY 1:30 PM BILLS PREVIOUSLY HEARD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAR 03 FRIDAY 3:30 PM MTG CANCELLED-BILLS HELD OVER SB 16 INCREASE LAND GRANT TO UNIV. OF ALASKA SB 56 RIGHTS IN TIDE/SUBMERGED LAND BILLS PREVIOUSLY HEARD MAR 06 MONDAY 3:30 PM SUBCOMMITTEE MEETING ON SB 49: BRD OF FISHERIES SB 56 RIGHTS IN TIDE/SUBMERGED LAND BILLS PREVIOUSLY HEARD MAR 08 WEDNESDAY 3:30 PM WORK SESSION ON COMMITTEE BILLS BILLS PREVIOUSLY HEARD MAR 10 FRIDAY 3:30 PM SB 16 INCREASE LAND GRANT TO UNIV. OF ALASKA SB 77 INTENSIVE MANAGEMENT OF GAME BILLS PREVIOUSLY HEARD ---------------------------------------- 1995-03-02 Senate Journal Page 0462 RULES FAHRENKAMP ROOM 203 MAR 02 THURSDAY 11:25 AM SB 3 ANTITRUST EXEMPTION FOR FISHERMEN SB 41 REPORTS BY OUT OF STATE FISHING VESSELS SB 78 ALCOHOL SALES IN HOTEL ROOMS HJR 27 EXEMPT ALASKA FROM FED CLEAN WATER ACT HCR 11 SOBRIETY AWARENESS MONTH: MARCH 1995 <PENDING REFERRAL> SJR 17 NAT'L ENDOWMENT FOR THE HUMANITIES SENATE COMPUTER/SOFTWARE PROPOSAL TO MEET UPON ADJOURNMENT MAR 03 FRIDAY 0:00 AM SB 1 REVIEW OF FEDERALLY MANDATED PROGRAMS SB 5 ELECTION BALLOTS TO MEET UPON RECESS HCR 11 SOBRIETY AWARENESS MONTH: MARCH 1995 <PENDING REFERRAL> ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 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 MAR 07 TUESDAY 3:30 PM SB 85 1995 REVISOR BILL SJR 15 GOV & LT GOV MUST RECEIVE 50 % VOTE BILLS PREVIOUSLY HEARD MAR 09 THURSDAY 3:30 PM SB 89 PERMANENT FUND BOARD MEMBERS & STAFF SB 90 PUBLIC OFFICERS COMPENSATION COMMISSION SJR 16 LIMIT LEGISLATIVE SESSION TO 90 DAYS SB 54 ELECTRIC UTIL & SOLID WASTE REMOVAL BILLS PREVIOUSLY HEARD ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAR 02 THURSDAY 1:30 PM SB 86 COMMEMORATIVE GOLD RUSH LICENSE PLATES PRESENTATION BY THE PORT OF BELLINGHAM BILLS PREVIOUSLY HEARD 1995-03-02 Senate Journal Page 0463 TRANSPORTATION CONTINUED MAR 07 TUESDAY 1:30 PM NO MEETING SCHEDULED MAR 09 THURSDAY 1:30 PM BILLS PREVIOUSLY HEARD FINANCE SUBCOMMITTEES ADMINISTRATION FAHRENKAMP ROOM 203 MAR 06 MONDAY 3:00 PM DEPARTMENT OF ADMINISTRATION BUDGET OVERVIEW ---------------------------------------- COMMUNITY & REGIONAL AFFAIRS FAHRENKAMP ROOM 203 MAR 08 WEDNESDAY 3:00 PM OVERVIEW OF AGENCY STAFFING AND OPERATIONS ---------------------------------------- CORRECTIONS SENATE FINANCE 520 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 MAR 06 MONDAY 1:30 PM OVERVIEWS OF FY96 BUDGET MAR 08 WEDNESDAY 1:30 PM NO MEETING SCHEDULED MAR 10 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- COURT SYSTEM SENATE FINANCE 520 MAR 07 TUESDAY 1:30 PM COURT SYSTEM OPERATING BUDGET OVERVIEW ---------------------------------------- EDUCATION SENATE FINANCE 520 MAR 02 THURSDAY 3:00 PM OVERVIEWS OF ALASKA POSTSECONDARY EDUCATION COMMISSION AND STUDENT LOAN CORPORATION -- NOTE TIME CHANGE -- 1995-03-02 Senate Journal Page 0464 FINANCE SUBCOMMITTEES EDUCATION CONTINUED MAR 09 THURSDAY 3:00 PM OVERVIEWS: SCHOOL FINANCE, EDUCATION PROGRAM SUPPORT, AND KNOWLES BUDGET AMENDMENTS ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 520 MAR 02 THURSDAY 9:00 AM NO MEETING SCHEDULED MAR 07 TUESDAY 9:00 AM NO MEETING SCHEDULED MAR 10 FRIDAY 9:00 AM OIL & HAZARDOUS SUBSTANCE RELEASE RESPONSE (470) FUND, SPILL PREVENTION & RESPONSE BRU, AND RESPONSE FUND ADMINISTRATION COMPONENT OVERVIEWS ---------------------------------------- FISH & GAME BELTZ ROOM 211 MAR 07 TUESDAY 8:00 AM COMMISSIONER'S OFFICE WILDLIFE CONSERVATION ---------------------------------------- LABOR BELTZ ROOM 211 MAR 06 MONDAY 9:00 AM JOINT HOUSE/SENATE SUBCOMMITTEE MEETING: DEPARTMENT OF LABOR BUDGET OVERVIEW ---------------------------------------- LAW SENATE FINANCE 520 MAR 02 THURSDAY 1:30 PM DEPARTMENT OF LAW OPERATING BUDGET OVERVIEW MAR 09 THURSDAY 1:30 PM DEPARTMENT OF LAW SUBCOMMITTEE DEPARTMENT OF LAW OPERATING BUDGET OVERVIEW ---------------------------------------- 1995-03-02 Senate Journal Page 0465 FINANCE SUBCOMMITTEES MILITARY & VETERANS AFFAIRS CAPITAL ROOM 17 MAR 08 WEDNESDAY 5:00 PM JOINT HOUSE/SENATE SUBCOMMITTEE MEETING: DEPARTMENT OF MILITARY & VETERAN'S AFFAIRS ALASKA NATIONAL GUARD & VETERAN'S AFFAIRS OVERVIEW WITH MAJOR GENERAL JAKE LESTENKOF ---------------------------------------- NATURAL RESOURCES SENATE FINANCE 520 MAR 07 TUESDAY 3:30 PM JOINT HOUSE/SENATE SUBCOMMITTEE MEETING: MINING DEVELOPMENT, WATER DEVELOPMENT, AND GEOLOGICAL DEVELOPMENT COMPONENTS OF REVENUE DEVELOPMENT BRU; AND PARKS AND RECREATION MANAGEMENT BRU OVERVIEWS JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 MAR 02 THURSDAY 4:00 PM OVERVIEW OF ALASKA RAILROAD CORPORATION MAR 09 THURSDAY 4:00 PM REVIEW AND RELEASE OF AUDITS MAR 16 THURSDAY 4:00 PM OVERVIEW OF ALASKA PERMANENT FUND CORPORATION MAR 23 THURSDAY 4:00 PM TREASURY DIVISION CASH FLOW PROBLEMS OVERVIEW OTHER COMMITTEES JOINT SENATE AND HOUSE BRIEFING SENATE FINANCE 520 MAR 08 WEDNESDAY 4:30 PM ATTORNEY GENERAL'S BRIEFING: STATE/FEDERAL LITIGATION STATUS ALL LEGISLATORS ARE ENCOURAGED TO ATTEND **POSSIBLE EXECUTIVE SESSION: AG'S STRATEGY AND ASSESSMENT**