Legislature(1995 - 1996)
1995-04-19 Senate Journal
Full Journal pdf1995-04-19 Senate Journal Page 1083 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Wednesday April 19, 1995 Ninety-fourth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:33 p.m. The roll showed fourteen members present. Senators Ellis, Hoffman, Kelly, Lincoln, Rieger, Salo were absent. The prayer was offered by the Chaplain, Senator Leman. Senator Green led the Senate in the pledge of allegiance. The presence of Senators Kelly, Rieger, Salo, Lincoln, Hoffman was noted. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the ninety-third legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Message of April 18 was read, stating the House passed and transmitted for consideration: 1083 1995-04-19 Senate Journal Page 1084 FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 9 CS FOR HOUSE JOINT RESOLUTION NO. 9(JUD) BY THE HOUSE JUDICIARY COMMITTEE, Requesting the governor to file suit in the United States Supreme Court against the United States government alleging violations of the civil rights of Americans listed as prisoners of war or missing in action in Southeast Asia, demanding that documents concerning these individuals be released; and requesting the other states to join in this suit. was read the first time and referred to the State Affairs Committee. FIRST READING AND REFERENCE OF HOUSE BILLS HB 13 CS FOR HOUSE BILL NO. 13(STA) BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: "An Act requiring persons filing for nomination for, or campaigning for election for, state elective office, persons authorized to make or incur political campaign expenditures before formally filing for nomination to state elective office, and groups acting on behalf of any of these, to file certain election campaign finance disclosure reports." was read the first time and referred to the State Affairs and Judiciary Committees. HB 48 CS FOR HOUSE BILL NO. 48(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to motorcycle helmets." was read the first time and referred to the Transportation and Judiciary Committees. 1995-04-19 Senate Journal Page 1085 COMMUNICATIONS Letters dated April 4 and April 10 received from the State of Arizona transmitting the following resolutions: House Concurrent Resolution 2015 - Regarding the Tenth Amendment to the United States Constitution and asserting the sovereignty of the State of Arizona. Senate Concurrent Resolution 1014 - Urging the Congress of the United States to submit to the several states an amendment to the United States Constitution to prohibit federal judges from imposing state and local taxes. Senate Concurrent Resolution 1018 - Requesting the Congress of the United States to propose an amendment to the Constitution of the United States to provide the states with a method of offering amendments to the Constitution of the United States. STANDING COMMITTEE REPORTS SR 2 The Resources Committee considered SENATE RESOLUTION NO. 2 Opposing a proposed international convention classifying coal as a hazardous and noxious material, and recommended it be replaced with CS FOR SENATE RESOLUTION NO. 2(RES) Signing do pass: Senator Leman, Chair, Senators Taylor, Pearce. Signing no recommendation: Senators Hoffman, Lincoln. Zero fiscal note published today from the Senate Resources Committee. The resolution was referred to the Rules Committee. 1995-04-19 Senate Journal Page 1086 SB 28 The Transportation Committee considered SENATE BILL NO. 28 "An Act repealing an additional fee for motor vehicle registration not conducted by mail and limiting motor vehicle emissions inspection to once every two years" and recommended it be replaced with CS FOR SENATE BILL NO. 28(TRA), entitled: "An Act relating to transfer of motor vehicle ownership, motor vehicle registration fees, and motor vehicle emissions inspection; and providing for an effective date." Signing do pass: Senator Rieger, Chair, Senators Taylor, Green. Signing no recommendation: Senator Lincoln. Fiscal notes for the Committee Substitute published today from Department of Environmental Conservation, Department of Public Safety. Fiscal notes for the bill published today from Department of Public Safety, Department of Environmental Conservation. The bill was referred to the Labor and Commerce Committee. SB 130 The Resources Committee considered SENATE BILL NO. 130 "An Act relating to marine pilots and the Board of Marine Pilots; extending the termination date of the Board of Marine Pilots; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 130(RES) Signing do pass: Senator Leman, Chair, Senators Pearce, Taylor. Signing no recommendation: Senators Hoffman, Lincoln. Fiscal note published today from Department of Commerce and Economic Development. The bill was referred to the Finance Committee. 1995-04-19 Senate Journal Page 1087 SB 138 The Health, Education and Social Services Committee considered SENATE BILL NO. 138 "An Act relating to the state's tuberculosis control program, including provisions for certain penalties; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 138(HES), entitled: "An Act relating to the state's tuberculosis control program; and providing for an effective date." Signing do pass: Senator Green, Chair, Senators Miller, Leman. Previous zero fiscal notes. The bill was referred to the Finance Committee. UNFINISHED BUSINESS SB 26 Senator Halford moved and asked unanimous consent that SENATE BILL NO. 26 "An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use firearms to commit criminal offenses and relating to the sealing of the records of those minors" be held to the April 20 calendar. Without objection, it was so ordered. HB 169 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 169(RES) "An Act defining the scope of the responsibility of the Department of Natural Resources for regulating the mineral resources of the state" be held to the April 20 calendar. Without objection, it was so ordered. HB 215 Senator Halford moved and asked unanimous consent that HOUSE BILL NO. 215 am "An Act relating to suspension of a student from a public school" be held to the April 20 calendar. Without objection, it was so ordered. 1995-04-19 Senate Journal Page 1088 SJR 20 Senator Halford moved and asked unanimous consent that SENATE JOINT RESOLUTION NO. 20 Relating to the Western Alaska Community Development Quota Program, the inshore/offshore allocation process, and the North Pacific Fishery Management Council Comprehensive Rationalization Program, be held to the April 20 calendar. Without objection, it was so ordered. SB 53 Senator Halford moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 53(JUD) "An Act relating to regulation of risk retention or purchasing groups; to preemption of the regulation of insurance agents and insurance producers; to the general powers of the director of the division of insurance; to insurance examination hearings; to insurer certificates of authority; to annual and quarterly statements, taxes, and prohibited acts of insurers; to reinsurance credit allowed a domestic insurer; to risk based capital for insurers; to insurer assets and liabilities; to insurer investments; to insurance holding companies; to regulation, licensing, examination, and trade practices of insurance producers, managing general agents, third-party administrators, brokers, independent adjusters, and reinsurance intermediary managers; to surplus lines insurance; to criminal insurance acts; to premium increases in automobile insurance; to insurance rating; to assigned risk pools; to filing and approval of certain insurance policy forms; to required insurance coverage for acupuncture, nurse midwives' services, mammography, and phenylketonuria; to health insurance provided by small employers; to transfer of an insurer's status as a domestic insurer; to quarterly statements of benevolent associations, fraternal benefit societies, and health maintenance organizations; to reciprocal insurers; to the definition of `member insurer' for purposes of the Alaska Life and Disability Insurance Guaranty Association; to electronic insurance data transfer and insurance funds transfer; to the definitions of `managing general agent' and `person' applicable to insurance law; to automobile assigned risk plans; placing a person employed by the division of insurance as an actuary or assistant actuary into the exempt service; amending Alaska Rule of Civil Procedure 45; and providing for an effective date" be held to April 20. Without objection, it was so ordered. 1995-04-19 Senate Journal Page 1089 SB 87 Senator Halford moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 87(FIN) am "An Act relating to the membership of the Alcoholic Beverage Control Board; relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; prohibiting persons from being on premises involving alcoholic beverages under certain circumstances; relating to the definition of `alcoholic beverage'; relating to purchase and sale of alcoholic beverages; relating to alcohol server education courses; relating to taxes on alcoholic beverage sales; relating to regulations limiting the hours during which a licensee may offer live entertainment; and providing for an effective date" be held to April 20. Without objection, it was so ordered. SB 117 Senator Halford moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 117(HES) "An Act establishing a statewide independent living council and clarifying its relationship with existing agencies; and providing for an effective date" be held to April 20. Without objection, it was so ordered. SB 121 Senator Halford moved and asked unanimous consent that the reconsideration on SENATE BILL NO. 121 "An Act making an appropriation for deferred maintenance for the University of Alaska; and providing for an effective date" be held to April 20. Without objection, it was so ordered. SB 135 Senator Halford moved and asked unanimous consent that the reconsideration on SENATE BILL NO. 135 am "An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals; and providing for an effective date" be held to April 20. Without objection, it was so ordered. 1995-04-19 Senate Journal Page 1090 STANDING COMMITTEE REPORTS CONTINUED HB 23 The Judiciary Committee considered HOUSE BILL NO. 23 "An Act relating to referrals involving dental services." Signing do pass: Senator Taylor, Chair, Senators Green, Miller. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 115 The Judiciary Committee considered CS FOR HOUSE BILL NO. 115(JUD) am "An Act relating to settlement and payment of claims for overtime compensation claims and to liquidated damages and attorney fees for overtime compensation claims." Signing no recommendation: Senator Taylor, Chair, Senators Green, Adams. Signing do pass: Senator Miller. Previous House zero fiscal notes. The bill was referred to the Rules Committee. HB 125 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 125(JUD) "An Act relating to disclosures to school officials of information about certain minors; and providing for an effective date." Signing do pass: Senator Green, Chair, Senators Miller, Leman. Previous House zero fiscal notes. The bill was referred to the Rules Committee. HB 150 The Judiciary Committee considered HOUSE BILL NO. 150 "An Act relating to receipts for bail forfeited in satisfaction for certain offenses." Signing do pass: Senator Taylor, Chair, Senators Green, Miller. Previous House zero fiscal note. The bill was referred to the Rules Committee. 1995-04-19 Senate Journal Page 1091 HB 151 The Judiciary Committee considered HOUSE BILL NO. 151 "An Act relating to magistrate jurisdiction in presumptive death proceedings." Signing do pass: Senator Taylor, Chair, Senators Green, Miller. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 153 The Judiciary Committee considered HOUSE BILL NO. 153 "An Act relating to the surety bond for certain judicial officers." Signing do pass: Senator Taylor, Chair, Senators Green, Miller. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 214 The Health, Education and Social Services Committee considered HOUSE BILL NO. 214 am "An Act relating to the maintenance by health care providers of medical records in an electronic format." Signing do pass: Senator Green, Chair, Senators Miller, Leman. Previous House zero fiscal note. The bill was referred to the Rules Committee. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 12:01 a.m. AFTER RECESS The Senate reconvened at 3:06 a.m. 1995-04-19 Senate Journal Page 1092 ANNOUNCEMENTS Announcements are at the end of the journal. ENROLLMENT SB 41 CS FOR SENATE BILL NO. 41(JUD) "An Act relating to reports by fishing vessels that are not licensed under the laws of the state" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 3:30 p.m., April 19. SB 68 HOUSE CS FOR CS FOR SENATE BILL NO. 68(HES) "An Act relating to the donation to a food bank of hatchery salmon, to the donation of food by meat processors, seafood processors, manufacturers, packers, processors, bottlers, and similar entities, and to who qualifies as a food bank; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 3:30 p.m., April 19. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 2:00 p.m., April 20, 1995. Without objection, the Senate adjourned at 3:07 a.m. Nancy Quinto Secretary of the Senate April 1995 1995-04-19 Senate Journal Page 1093 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 19 WEDNESDAY 1:30 PM -- TELECONFERENCE -- SB 79 ADJUSTMENTS FOR DEFECTIVE SURVEY HB 80 DNR APPROVAL OF PLATS IN UNORG BOROUGH APR 21 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 APR 19 WEDNESDAY 8:00 AM ***JOINT SENATE & HOUSE FINANCE MEETING*** SPRING REVENUE FORECAST BY CHUCK LOGSDON, CHIEF PETROLEUM ECONOMIST, OIL & GAS AUDIT DIVISION, DEPARTMENT OF REVENUE APR 19 WEDNESDAY 9:00 AM SB 105 PARENTAL CONSENT BEFORE MINOR'S ABORTION SB 123 POSTSECONDARY EDUCATION PROGRAMS SB 142 HUMAN RESOURCE INVESTMENT COUNCIL <PENDING REFERRAL> SB 152 GEOGRAPHIC PAY DIFFERENTIALS SJR 21 ANWR SPECIAL REVENUE FUND HB 108 USE PFD'S TO RECOVER WELFARE OVERPAYMENTS HB 124 ABOLISH BD OF NURSING HOME ADMINISTRATORS BELOW BILLS PREVIOUSLY SCHEDULED: SB 132 JUDICIAL REVIEW:TEACHER TENURE DECISIONS SB 64 CONVERT AK RR TO PRIVATE CORPORATION CONTINUED ON NEXT PAGE 1995-04-19 Senate Journal Page 1094 FINANCE CONTINUED APR 19 WEDNESDAY 9:00 AM SB 131INVESTMENTS BY FIDUCIARIES SB 148 STATE EMP DEFINED CONTRIB RETIREMENT PROG SJR 14 CONFIRMATION OF MEMBERS OF PUBLIC CORP <PENDING REFERRAL> SB 70 PUBLIC SCHOOL FOUNDATION PROGRAM APR 19 WEDNESDAY 11:00 AM -- RESCHEDULED FROM 04/18/95 -- HB 100 APPROP: FY 96 OPERATING & LOAN BUDGET APR 20 THURSDAY 9:00 AM BILLS PREVIOUSLY SCHEDULED APR 21 FRIDAY 9:00 AM SB 136 APPROP: FY 96 CAPITAL PROJECTS BUDGET BILLS PREVIOUSLY SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 19 WEDNESDAY 9:00 AM -- TELECONFERENCE -- SB 138 TUBERCULOSIS CONTROL HB 125 JUVENILE CRIMINAL RECORDS TO SCHOOLS HB 214 MEDICAL RECORDS IN ELECTRONIC FORM APR 21 FRIDAY 9:00 AM CONFIRMATION HEARING FOR APPOINTMENTS TO THE UNIVERSITY OF ALASKA BOARD OF REGENTS: CHANCY CROFT AND JOE J. THOMAS BILLS PREVIOUSLY HEARD ---------------------------------------- 1995-04-19 Senate Journal Page 1095 JUDICIARY BELTZ ROOM 211 APR 19 WEDNESDAY 1:30 PM HB 115 DAMAGES & ATTY FEES FOR UNPAID WAGES <TELECONFERENCE ON ABOVE BILL> SB 95 INSURANCE AGAINST UNINSURED DRIVERS <TELECONFERENCE ON ABOVE BILL> SJR 14 CONFIRMATION OF MEMBERS OF PUBLIC CORP BILLS PREVIOUSLY HEARD: HB 150 RECEIPTS FOR BAIL FORFEITURES <TELECONFERENCE ON ABOVE BILL> HB 151 MAGISTRATE PRESUMPTIVE DEATH JURISDICTION <TELECONFERENCE ON ABOVE BILL> HB 153 BONDS FOR JUDGES <TELECONFERENCE ON ABOVE BILL> HB 23 REFERRALS INVOLVING DENTAL SERVICES <TELECONFERENCE ON ABOVE BILL> APR 21 FRIDAY 1:30 PM HJR 1 REPEAL OF REGULATIONS BY LEGISLATURE HJR 5 LIMITING TERMS OF STATE LEGISLATORS SB 154 AGGRAVATING FACTORS AT SENTENCING SB 155 DO JAIL TIME BY ELECTRONIC MONITORING HB 42 ABSENTEE VOTING & USE OF FAX ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 APR 20 THURSDAY 1:30 PM -- TELECONFERENCE -- HB 46 ARCHITECT, ENGINEER & SURVEYOR REGULATION SB 28 MOTOR VEHICLE REG FEE/EMISS'N INSPECTIONS HB 220 ALASKA TOURISM MARKETING COUNCIL APR 25 TUESDAY 1:30 PM -- TELECONFERENCE -- CONFIRMATION HEARINGS SB 158 PHARMACISTS AND PHARMACIES HB 231 INTERVIEWS BY THE STATE MEDICAL BOARD HB 168 PERMITS FOR NONRESIDENT OPTOMETRISTS ---------------------------------------- 1995-04-19 Senate Journal Page 1096 RESOURCES BUTROVICH ROOM 205 APR 19 WEDNESDAY 3:30 PM SR 2 OPPOSE COAL AS HAZARDOUS/NOXIOUS SUBSTNCE <ABOVE BILL HELD FROM 4/12/95> SB 130 MARINE PILOTS <ABOVE BILL HELD FROM 4/12/95> MINING OVERVIEW: PRESENTATIONS BY MINING COMPANIES IN ALASKA AND BY THE ALASKA MINERALS COMMISSION ABOUT THE VIABILITY OF THE MINING INDUSTRY HB 197 MINERAL EXPLORATION INCENTIVE CREDITS APR 21 FRIDAY 3:30 PM -- TELECONFERENCE -- HB 140 SMALL FISH PROCESSOR SURETY BONDS HB 141 TERM OF FISH & GAME BOARD MEMBERS HB 107 RESTRICTED LIMITED ENTRY PERMITS HB 102 EXTEND BIG GAME COMMERCIAL SERVICES BOARD HB 207 ADJUSTMENTS TO OIL AND GAS ROYALTIES <PENDING REFERRAL> BILLS PREVIOUSLY HEARD ---------------------------------------- RULES FAHRENKAMP ROOM 203 APR 19 WEDNESDAY 0:00 AM HB 100 APPROP: FY 96 OPERATING & LOAN BUDGET <PENDING REFERRAL> HB 173 REPORTS TO THE LEGISLATURE HB 183 FINANCING IMPROVEMENTS BY LEASE/PURCHASE SB 54 ELECTRIC UTIL & SOLID WASTE REMOVAL TO MEET UPON ADJOURNMENT ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 APR 20 THURSDAY 3:30 PM SB 141 LEGISLATIVE ETHICS <TELECONFERENCE ON ABOVE BILL-INVITATION ONLY> SB 118 TAX CREDIT: GIFTS TO PUBLIC BROADCASTING SB 142 HUMAN RESOURCE INVESTMENT COUNCIL <TELECONFERENCE ON ABOVE BILL-LISTEN ONLY> BELOW BILLS RESCHEDULED FROM 04/18/95: HB 164 ESTABLISH PEARL HARBOR DAY SR 1 DAY OF PRAYER IN ALASKA SB 150 DUTCH HARBOR REMEMBRANCE DAY SJR 18 CREATION OF ARCTIC COUNCIL SB 143 AHFC TRANSFERS TO GENERAL FUND; BONDS SB 144 FINANCING REPAIR/REHAB OF U AK BLDGS BILLS PREVIOUSLY HEARD 1995-04-19 Senate Journal Page 1097 TRANSPORTATION BUTROVICH ROOM 205 APR 20 THURSDAY 1:30 PM -- MEETING CANCELLED -- BILLS PREVIOUSLY HEARD JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 APR 20 THURSDAY 4:00 PM REVIEW OF AUDITS AND RPLS