Legislature(1995 - 1996)
1995-04-05 Senate Journal
Full Journal pdf1995-04-05 Senate Journal Page 0871 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Wednesday April 5, 1995 Eightieth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:09 a.m. The roll showed sixteen members present. Senators Duncan, Torgerson were excused from a call of the Senate. Senators Lincoln, Rieger were absent. The prayer was offered by the Chaplain, the Reverend A. Gordon Johnson of the Resurrection Lutheran Church. Senator Zharoff moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O Lord God, You surround us with the beauty of Your creative hand! We cherish the majesty of the mountains and the deep blue of the sea. We treasure the brightness of the warming rays of the sun. Hear us O Lord as we pause to ask for one more thing from You this day. Warm our hearts to those around us who are in need in any way. Teach us Your ways and help us to do them! Amen. Senator Taylor led the Senate in the pledge of allegiance. The presence of Senator Rieger was noted. CERTIFICATION Senator Halford moved and asked unanimous consent that the journals for the seventy-fourth through seventy-ninth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. 871 1995-04-05 Senate Journal Page 0872 COMMUNICATIONS Letter dated March 21 received from State of Virginia Senate transmitting Senate Joint Resolution No. 279 memorializing the Congress of the United States to propose an amendment to Article V of the Constitution of the United States to provide for state- initiated amendments to the Constitution. Letter dated March 23 received from the State of Oregon Senate transmitting Senate Concurrent Resolution No. 3 which declares sovereignty of the State of Oregon over the Federal Government and instructs the Federal Government to cease and desist immediately all mandates outside the scope of its constitutionally delegated authority. STANDING COMMITTEE REPORTS SB 58 The Rules Committee considered SENATE BILL NO. 58 "An Act restricting the use of the title `industrial hygienist' and related titles and initials." Signing to calendar: Senator Miller, Chair, Senators Duncan, Sharp, Salo. The bill is on today's calendar. SB 67 The Rules Committee considered SENATE BILL NO. 67 "An Act relating to the crime of unlawful evasion." Signing to calendar: Senator Miller, Chair, Senators Duncan, Sharp, Salo. The bill is on today's calendar. The presence of Senator Lincoln was noted. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 148 SENATE BILL NO. 148 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act relating to a defined contribution retirement plan for state employees." 1995-04-05 Senate Journal Page 0873 SB 148 was read the first time and referred to the Finance Committee. SB 149 SENATE BILL NO. 149 BY SENATOR SHARP, entitled: "An Act relating to payment of costs and attorney fees in a class action filed against the state; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. SB 150 SENATE BILL NO. 150 BY SENATORS KELLY, Taylor, Hoffman, Zharoff, Phillips, Leman, entitled: "An Act establishing Dutch Harbor Remembrance Day." was read the first time and referred to the State Affairs Committee. SB 151 SENATE BILL NO. 151 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act placing the administrative director of the court system in the public employees' retirement system." was read the first time and referred to the Finance Committee. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 58 SENATE BILL NO. 58 "An Act restricting the use of the title `industrial hygienist' and related titles and initials" was read the second time. 1995-04-05 Senate Journal Page 0874 SB 58 Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 58 was read the third time. The question being: "Shall SENATE BILL NO. 58 "An Act restricting the use of the title `industrial hygienist' and related titles and initials" pass the Senate?" The roll was taken with the following result: SB 58 Third Reading - Final Passage YEAS: 16 NAYS: 2 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Ellis, Frank, Green, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Halford, Phillips Excused: Duncan, Torgerson and so, SENATE BILL NO. 58 passed the Senate. Senator Rieger gave notice of reconsideration. SB 67 SENATE BILL NO. 67 "An Act relating to the crime of unlawful evasion" was read the second time. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 67 was read the third time. Senators Kelly, Sharp, Leman, Green, Miller, Taylor, Donley, Pearce, Salo, Halford moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. 1995-04-05 Senate Journal Page 0875 SB 67 The question being: "Shall SENATE BILL NO. 67 "An Act relating to the crime of unlawful evasion" pass the Senate?" The roll was taken with the following result: SB 67 Third Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Duncan, Torgerson and so, SENATE BILL NO. 67 passed the Senate and was referred to the Secretary for engrossment. THIRD READING OF SENATE BILLS SB 85 CS FOR SENATE BILL NO. 85(JUD) am "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date" was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 85(JUD) am "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1995-04-05 Senate Journal Page 0876 SB 85 CSSB 85(JUD) am Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Donley, Ellis, Frank, Green, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Halford Excused: Duncan, Torgerson and so, CS FOR SENATE BILL NO. 85(JUD) am passed the Senate. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. CITATIONS Honoring - Ketchikan Ready for Work Program Senator(s) Taylor, Pearce, Kelly, Green Honoring - Petty Officer First Class Michael J. Schwemley, 1995 Coast Guardsman of the Year Senator(s) Zharoff, Taylor, Pearce, Kelly, Hoffman, Green, Lincoln Representative(s) Austerman Honoring - Larry Matfay on his 88th Year Senator(s) Zharoff, Taylor, Pearce, Kelly, Hoffman, Green, Lincoln Representative(s) Austerman Honoring - Nancy Norman, Milken Family Foundation 1994 Educator Award Senator(s) Leman, Taylor, Pearce, Kelly, Hoffman, Green, Salo, Lincoln 1995-04-05 Senate Journal Page 0877 Honoring - Nita Yurrliq Rearden, Milken Family Foundation 1994 Educator Award Senator(s) Leman, Taylor, Pearce, Kelly, Green, Salo, Lincoln Honoring - Leslie Sears Gordon, Milken Family Foundation 1994 Educator Award Senator(s) Leman, Taylor, Pearce, Kelly, Green, Salo, Lincoln Honoring - Anthony Barrington Harduar, Milken Family Foundation 1994 Educator Award Senator(s) Leman, Taylor, Pearce, Kelly, Green, Salo, Lincoln Honoring - John A. Rusyniak, Milken Family Foundation 1994 Educator Award Senator(s) Leman, Taylor, Pearce, Kelly, Green, Salo, Lincoln Honoring - Alice "Joanne" Collins, 1995 Anchor Point Chamber of Commerce Citizen of the Year Representative(s) G. Phillips Senator(s) Torgerson, Taylor, Pearce, Kelly, Green, Leman Honoring - David "Scooter" Truman Landrum II, Eagle Scout Representative(s) Grussendorf Senator(s) Taylor, Pearce, Kelly, Green, Leman, Lincoln Honoring - Pet Pride 23rd Anniversary Representative(s) Davies Senator(s) Pearce, Lincoln Senator Halford moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. 1995-04-05 Senate Journal Page 0878 UNFINISHED BUSINESS HB 79 Senator Zharoff moved and asked unanimous consent that he be shown as a cross sponsor on CS FOR HOUSE BILL NO. 79(FIN) "An Act allowing the Department of Natural Resources to quitclaim land or interests in land, including submerged or shore land, to a municipality to correct errors or omissions of the municipality when inequitable detriment would result to a person due to that person's reliance upon the errors or omissions of the municipality." Without objection, it was so ordered. ANNOUNCEMENTS Announcements are at the end of the journal. RECONSIDERATION OF SENATE BILLS SB 122 Senator Taylor requested that the reconsideration on CS FOR SENATE BILL NO. 122(JUD) "An Act excluding certain direct sellers of consumer products from coverage under the state unemployment compensation laws" be taken up. CS FOR SENATE BILL NO. 122(JUD) was before the Senate on reconsideration. Senator Taylor moved and asked unanimous consent the bill be held on reconsideration to the April 6 calendar. Senator Kelly objected, then withdrew his objection. There being no further objections, it was so ordered. ENGROSSMENT SB 67 SENATE BILL NO. 67 "An Act relating to the crime of unlawful evasion" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1995-04-05 Senate Journal Page 0879 SB 85 CS FOR SENATE BILL NO. 85(JUD) am "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date" 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., April 6, 1995. Without objection, the Senate adjourned at 11:31 a.m. Nancy Quinto Secretary of the Senate April 1995 1995-04-05 Senate Journal Page 0880 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 APR 05 WEDNESDAY 1:30 PM NO MEETING SCHEDULED APR 07 FRIDAY 1:30 PM -- TELECONFERENCE -- SJR 18 CREATION OF ARCTIC COUNCIL SJR 21 ANWR SPECIAL REVENUE FUND SB 124 HUMAN SERVICES COMMUNITY MATCHING GRANTS APR 12 WEDNESDAY 1:30 PM -- TELECONFERENCE -- HB 86 MUNICIPAL PERSONAL PROPERTY TAXATION HB 180 LIQUOR LICENSES FOR RESORT/LODGES OTHER BILLS TO BE HEARD MAY BE ADDED NEXT WEEK ---------------------------------------- FINANCE SENATE FINANCE 532 APR 06 THURSDAY 9:00 AM HB 9 DAMAGE TO PROPERTY BY MINORS SB 54 ELECTRIC UTIL & SOLID WASTE REMOVAL SB 87 ALCOHOLIC BEVERAGES: LOCAL OPTION & MISC. <TELECONFERENCE ON ABOVE BILL> SB 96 UNFUNDED MANDATES ON MUNICIPALITIES SB 98 PERSONAL RESPONSIBILITY ACT OF 1995 SB 117 STATEWIDE INDEPENDENT LIVING COUNCIL SB 135 PFD NOTICES AND ELIGIBILTY BELOW BILL PREVIOUSLY HEARD: SB 70 PUBLIC SCHOOL FOUNDATION PROGRAM APR 07 FRIDAY 9:00 AM BILLS PREVIOUSLY HEARD ---------------------------------------- 1995-04-05 Senate Journal Page 0881 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 05 WEDNESDAY 9:00 AM NO MEETING SCHEDULED CAPITOL ROOM 106 APR 06 THURSDAY 2:00 PM **JOINT MEETING WITH HOUSE HESS COMMITTEE** PRESENTATION BY THE "BUILDING BRIDGES CAMPAIGN FOR MENTAL HEALTH" **NOTE DATE, TIME AND LOCATION CHANGES** BUTROVICH ROOM 205 APR 07 FRIDAY 9:00 AM SB 134 ATWOOD CHAIR OF JOURNALISM AT U OF AA <TELECONFERENCE ON ABOVE BILL> HB 124 ABOLISH BD OF NURSING HOME ADMINISTRATORS HB 108 USE PFD'S TO RECOVER WELFARE OVERPAYMENTS HB 215 GROUNDS FOR SUSPENSION OF STUDENTS SB 132 JUDICIAL REVIEW:TEACHER TENURE DECISIONS APR 10 MONDAY 9:00 AM **JOINT MEETING WITH HOUSE HESS COMMITTEE** PRESENTATION BY REBECCA RUFFNER, ARIZONA STATE COORDINATOR, NATIONAL COMMITTEE FOR THE PREVENTION OF CHILD ABUSE SB 103 TAX CREDIT FOR PROVIDING CHILD CARE BILLS PREVIOUSLY HEARD APR 12 WEDNESDAY 9:00 AM SB 138 TUBERCULOSIS CONTROL SB 115 UNIFORM INTERSTATE FAMILY SUPPORT ACT <TELECONFERENCE ON ABOVE BILL> SB 116 PATERNITY; CHILD SUPPORT ENFORCEMENT <TELECONFERENCE ON ABOVE BILL> SB 137 RETIREMENT INCENTIVE PROGRAM BILLS PREVIOUSLY HEARD APR 14 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 05 WEDNESDAY 1:30 PM HB 4 PERMANENT FUND DIVIDEND ELIGIBILITY SJR 14 CONFIRMATION OF MEMBERS OF PUBLIC CORP -- WORK SESSION ON ABOVE BILL -- BELOW BILL PREVIOUSLY HEARD: SB 53 OMNIBUS INSURANCE REFORM 1995-04-05 Senate Journal Page 0882 JUDICIARY CONTINUED APR 07 FRIDAY 1:30 PM SB 145 CHARIT.GAMING:PRIZES,REPORTS,PENALTY SB 102 RELEASE OF JUVENILE RECORDS BELOW BILL PREVIOUSLY HEARD: HB 188 INDECENT PHOTOGRAPHY ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 APR 06 THURSDAY 1:30 PM -- TELECONFERENCE -- HB 116 EXEMPT ASMI FROM PROCUREMENT CODE BELOW BILL RESCHEDULED FROM 4/4: HB 23 REFERRALS INVOLVING DENTAL SERVICES ---------------------------------------- RESOURCES BUTROVICH ROOM 205 APR 05 WEDNESDAY 3:30 PM BELOW BILL PREVIOUSLY HEARD: SJR 20 COMMUNITY DEVELOPMENT FISHING QUOTAS BOARD OF FISH CONFIRMATION HEARING: TREFON ANGASAN AND JOHN WHITE BOARD OF GAME CONFIRMATION HEARING: WALTER SAMPSON AND LARRY HOLMES JR. CONFIRMATION HEARINGS TELECONFERENCED APR 06 THURSDAY 3:30 PM SENATE RESOURCES SUBCOMMITTEE ON: SB 130 MARINE PILOTS APR 07 FRIDAY 3:30 PM HJR 25 BAN TRAWLING IN EASTERN GULF OF ALASKA SB 147 MUNICIPAL RIVER HABITAT TAX CREDIT BELOW BILLS PREVIOUSLY HEARD: SB 112 DISCOVERY ROYALTY CREDIT SB 114 HIGH COST MARGINAL OIL WELLS HB 169 DEPT. NAT RES. IS LEAD AGENCY FOR MINING SOLDOTNA APR 08 SATURDAY 9:00 AM -- TELECONFERENCE SITES MAY LISTEN ONLY -- SJR 19 AMEND ANILCA TO DEFINE PUBLIC LANDS THIS HEARING WILL BE HELD AT THE KENAI PENINSULA BOROUGH ASSEMBLY CHAMBERS, 144 NORTH BINKLEY ST. SOLDOTNA 1995-04-05 Senate Journal Page 0883 RESOURCES CONTINUED BUTROVICH ROOM 205 APR 10 MONDAY 3:30 PM -- TELECONFERENCE -- SJR 19 AMEND ANILCA TO DEFINE PUBLIC LANDS THIS MEETING WILL BE HELD IN BOTH THE BUTROVICH AND FAHRENKAMP ROOMS ---------------------------------------- RULES FAHRENKAMP ROOM 203 APR 05 WEDNESDAY 11:30 AM -- RESCHEDULED FROM 03/30/95 -- HB 128 WASTE DISPOSAL PERMIT EXEMPTION SB 121 APPROP: U OF A DEFERRED MAINTENANCE HB 79 MUNICIPAL LAND ERROR CORRECTIONS HB 146 SLED DOG RACE CLASSIC ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 APR 06 THURSDAY 3:30 PM -- STATEWIDE TELECONFERENCE -- HJR 20 CONFERENCE OF THE STATES APR 11 TUESDAY 3:30 PM SB 136 APPROP: FY 96 CAPITAL PROJECTS BUDGET APR 20 THURSDAY 3:30 PM -- TELECONFERENCE -- SB 141 LEGISLATIVE ETHICS OTHER BILL TO BE HEARD MAY BE ADDED NEXT WEEK ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 APR 06 THURSDAY 1:30 PM SB 64 CONVERT AK RR TO PRIVATE CORPORATION BILLS PREVIOUSLY HEARD FINANCE SUBCOMMITTEES ADMINISTRATION FAHRENKAMP ROOM 203 APR 07 FRIDAY 3:00 PM FY 96 OPERATING BUDGET CLOSE OUT ---------------------------------------- 1995-04-05 Senate Journal Page 0884 FINANCE SUBCOMMITTEES CONTINUED COMMERCE & ECONOMIC DEVELOPMENT BELTZ ROOM 211 APR 07 FRIDAY 8:00 AM DEPARTMENTAL CLOSE OUT IF NEEDED ---------------------------------------- COMMUNITY & REGIONAL AFFAIRS BELTZ ROOM 211 APR 06 THURSDAY 5:00 PM FY 96 OPERATING BUDGET CLOSE OUT ---------------------------------------- CORRECTIONS SENATE FINANCE 532 APR 05 WEDNESDAY 1:30 PM PRESENTATION OF FINAL BUDGET PROPOSAL APR 06 THURSDAY 1:30 PM CLOSE OUT ---------------------------------------- COURT SYSTEM SENATE FINANCE 532 APR 07 FRIDAY 12:30 PM COURT SYSTEM BUDGET CLOSE OUT ---------------------------------------- EDUCATION SENATE FINANCE 532 APR 06 THURSDAY 6:00 PM PRESENTATION OF FINAL BUDGET PROPOSAL APR 07 FRIDAY 6:00 PM CLOSE OUT ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 532 APR 06 THURSDAY 8:00 AM PRESENTATION OF FINAL BUDGET PROPOSAL NOTE TIME AND DATE CHANGE APR 07 FRIDAY 5:00 PM CLOSE OUT NOTE TIME CHANGE ---------------------------------------- 1995-04-05 Senate Journal Page 0885 FINANCE SUBCOMMITTEES CONTINUED FISH & GAME BELTZ ROOM 211 APR 07 FRIDAY 5:00 PM BUDGET CLOSE OUT ---------------------------------------- GOVERNOR SENATE FINANCE 532 APR 05 WEDNESDAY 2:30 PM PRESENTATION OF FINAL BUDGET PROPOSAL APR 06 THURSDAY 2:30 PM CLOSE OUT ---------------------------------------- HEALTH & SOCIAL SERVICES CAPITOL ROOM 408 APR 06 THURSDAY 1:00 PM HEALTH & SOCIAL SERVICES BUDGET APR 10 MONDAY 1:30 PM HEALTH & SOCIAL SERVICES BUDGET CLOSE OUT ---------------------------------------- LABOR BELTZ ROOM 211 APR 06 THURSDAY 12:00 PM FY 96 OPERATING BUDGET CLOSE OUT ---------------------------------------- LAW SENATE FINANCE 532 APR 07 FRIDAY 1:30 PM DEPARTMENT OF LAW BUDGET CLOSE OUT ---------------------------------------- LEGISLATURE SENATE FINANCE 532 APR 06 THURSDAY 5:00 PM PRESENTATION OF FINAL BUDGET PROPOSAL APR 07 FRIDAY 2:30 PM CLOSE OUT ---------------------------------------- 1995-04-05 Senate Journal Page 0886 FINANCE SUBCOMMITTEES CONTINUED MILITARY & VETERANS AFFAIRS BELTZ ROOM 211 APR 05 WEDNESDAY 4:00 PM FY 96 OPERATING BUDGET FINAL CLOSE OUT ---------------------------------------- NATURAL RESOURCES SENATE FINANCE 532 APR 05 WEDNESDAY 7:00 PM PRESENTATION OF FINAL BUDGET PROPOSAL NOTE TIME CHANGE APR 06 THURSDAY 7:00 PM CLOSE OUT NOTE TIME CHANGE ---------------------------------------- PUBLIC SAFETY FAHRENKAMP ROOM 203 APR 06 THURSDAY 3:30 PM -- TELECONFERENCE -- AK STATE TROOPERS, VPSO'S -- NOTE LOCATION CHANGE ---------------------------------------- REVENUE FAHRENKAMP RM 203 APR 06 THURSDAY 8:00 AM DEPARTMENTAL CLOSE OUT BELTZ ROOM 211 APR 07 FRIDAY 8:00 AM DEPARTMENTAL CLOSE OUT IF NEEDED ---------------------------------------- UNIVERSITY OF ALASKA SENATE FINANCE 532 APR 05 WEDNESDAY 4:00 PM UAA, UAF NOTE TIME CHANGE OTHER COMMITTEES LONG RANGE FINANCIAL PLANNING COMMISSION BUTROVICH 205 APR 08 SATURDAY 11:00 AM -- TELECONFERENCED --