Legislature(1995 - 1996)

1995-04-30 Senate Journal

Full Journal pdf

1995-04-30                     Senate Journal                      Page 1361
[Page: 1361]                     SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                     NINETEENTH LEGISLATURE - FIRST SESSION                    
                                                                               
                                                                               
Juneau, Alaska                       Sunday             April 30, 1995         
                                                                               
                             One Hundred Fifth Day                             
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 5:16 p.m.                                                            
                                                                               
The roll showed sixteen members present.  Senators Ellis, Hoffman              
were excused from a call of the Senate.  Senators Donley, Salo were            
absent.                                                                        
                                                                               
The prayer was offered by the Chaplain, Senator Green.                         
                                                                               
Senator Sharp led the Senate in the pledge of allegiance.                      
                                                                               
The presence of Senators Salo, Donley was noted.                               
                                                                               
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Halford moved and asked unanimous consent that the journal             
for the one hundred fourth legislative day be approved as certified            
by the Secretary.  Without objection, it was so ordered.                       
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following resolution was received and is on file in the Office             
of the Secretary of the Senate:                                                
                                                                               
Colorado House Joint Resolution 95-1008 - Contract with America                
from Chuck Berry, Speaker of the House, March 23, 1995                         
                                                                               
                                                                               
                                      1361                                     

1995-04-30                     Senate Journal                      Page 1362
                          STANDING COMMITTEE REPORTS                         
                                                                               
SCR 19                                                                       
The Finance Committee considered SENATE CONCURRENT                             
RESOLUTION NO. 19 Establishing the Blue Ribbon Commission on                   
Gaming and Gambling and relating to commission recommendations                 
regarding gaming and gambling in the state.  Signing do pass:                  
Senators Halford, Frank, Cochairs.  Signing no recommendation:                 
Senators Phillips, Rieger, Zharoff, Sharp.                                     
                                                                               
Fiscal note information forthcoming.                                           
                                                                               
The resolution was referred to the Rules Committee.                            
                                                                               
SB 130                                                                       
The Finance 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(FIN)                                               
                                                                               
Signing do pass:  Senator Frank, Cochair.  Signing do not pass:                
Senator Halford, Cochair.  Signing no recommendation:  Senators                
Rieger, Phillips, Donley, Zharoff, Sharp.                                      
                                                                               
Previous fiscal note.                                                          
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 172                                                                       
The Finance Committee considered SENATE BILL NO. 172 "An                       
Act eliminating `monte carlo' nights as an authorized form of                  
charitable gaming; and providing for an effective date."  Signing do           
pass:  Senators Halford, Frank, Cochairs.  Signing no                          
recommendation:  Senators Phillips, Rieger, Sharp.  Signing do not             
pass:  Senator Zharoff.                                                        
                                                                              
Zero fiscal note published today from the Senate Finance Committee.            
                                                                               
The bill was referred to the Rules Committee.                                  

1995-04-30                     Senate Journal                      Page 1363
SB 28                                                                        
The Rules 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."  Signing to calendar:  Senator Miller,               
Chair, Senators Pearce, Duncan, Sharp, Salo.                                   
                                                                               
The bill is on today's calendar.                                               
                                                                               
SB 154                                                                       
The Rules Committee considered SENATE BILL NO. 154 "An Act                     
relating to an aggravating factor at sentencing."  Signing to calendar:        
Senator Miller, Chair, Senators Pearce, Duncan, Salo, Sharp.                   
                                                                               
The bill is on today's calendar.                                               
                                                                               
SB 171                                                                       
The Rules Committee considered SENATE BILL NO. 171 "An Act                     
delaying the repeal of the current law regarding subsistence use of            
fish and game; and providing for an effective date."  Signing to               
calendar:  Senator Miller, Chair, Senators Pearce, Sharp, Duncan,              
Salo.                                                                          
                                                                               
The bill is on today's calendar.                                               
                                                                               
                                                                               
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 28                                                                        
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" was read the             
second time.                                                                   
                                                                               

1995-04-30                     Senate Journal                      Page 1364
SB 28                                                                        
Senator Halford moved and asked unanimous consent for the                      
adoption of the Finance Committee Substitute offered on page 1308.             
Without objection, CS FOR SENATE BILL NO. 28(FIN) "An Act                      
relating to transfer of motor vehicle ownership and motor vehicle              
emissions inspection; and providing for an effective date" was                 
adopted and 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.                                
                                                                               
CS FOR SENATE BILL NO. 28(FIN) was read the third time.                        
                                                                               
The question being:  "Shall CS FOR SENATE BILL NO. 28(FIN)                     
"An Act relating to transfer of motor vehicle ownership and motor              
vehicle emissions inspection; and providing for an effective date"             
pass the Senate?"  The roll was taken with the following result:               
                                                                               
CSSB 28(FIN)                                                                   
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Frank, Green, Halford, Kelly,                    
Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor,         
Torgerson, Zharoff                                                             
                                                                               
Excused:  Ellis, Hoffman                                                       
                                                                               
and so, CS FOR SENATE BILL NO. 28(FIN) 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.                            
                                                                               
Senator Frank gave notice of reconsideration.                                  
                                                                               
SB 154                                                                       
SENATE BILL NO. 154 "An Act relating to an aggravating factor                  
at sentencing" was read the second time.                                       
                                                                               

1995-04-30                     Senate Journal                      Page 1365
SB 154                                                                       
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. 154 was read the third time.                                   
                                                                               
The question being:  "Shall SENATE BILL NO. 154 "An Act                        
relating to an aggravating factor at sentencing" pass the Senate?"             
The roll was taken with the following result:                                  
                                                                               
SB 154                                                                         
Third Reading - Final Passage                                                  
                                                                               
YEAS:  18   NAYS:  0   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Frank, Green, Halford, Kelly,                    
Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor,         
Torgerson, Zharoff                                                             
                                                                               
Excused:  Ellis, Hoffman                                                       
                                                                               
and so, SENATE BILL NO. 154 passed the Senate.                                 
                                                                               
Senator Duncan gave notice of reconsideration.                                 
                                                                               
SB 171                                                                       
SENATE BILL NO. 171 "An Act delaying the repeal of the current                 
law regarding subsistence use of fish and game; and providing for              
an effective date" was read the second time.                                   
                                                                               
Senator Leman moved and asked unanimous consent for the adoption               
of the Resources Committee Substitute offered on page 1335.                    
Without objection, CS FOR SENATE BILL NO. 171(RES) "An Act                     
extending the date for a review of and a report on the current law             
regarding subsistence use of fish and game and delaying the repeal             
of the current law regarding subsistence use of fish and game; and             
providing for an effective date" was adopted and 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.  Senator Adams objected.                                              

1995-04-30                     Senate Journal                      Page 1366
SB 171                                                                       
The question being: "Shall the bill be advanced to third reading?"             
The roll was taken with the following result:                                  
                                                                               
CSSB 171(RES)                                                                  
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  6   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor, Torgerson                                               
                                                                               
Nays:  Adams, Donley, Duncan, Lincoln, Salo, Zharoff                           
                                                                               
Excused:  Ellis, Hoffman                                                       
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
CS FOR SENATE BILL NO. 171(RES) will appear on the May 1                       
calendar.                                                                      
                                                                               
                                                                               
                        THIRD READING OF SENATE BILLS                        
                                                                               
SB 81                                                                        
CS FOR SENATE BILL NO. 81(FIN) "An Act amending the Fish                       
and Game Code by removing 'wolf' from the definition of 'big                   
game'; relating to the classification and taking of wolves; and                
providing for a harvest incentive on wolves taken in areas designated          
by the Board of Game" was read the third time.                                 
                                                                               
The question being:  "Shall CS FOR SENATE BILL NO. 81(FIN)                     
"An Act amending the Fish and Game Code by removing 'wolf'                     
from the definition of 'big game'; relating to the classification and          
taking of wolves; and providing for a harvest incentive on wolves              
taken in areas designated by the Board of Game" pass the Senate?"              
The roll was taken with the following result:                                  
                                                                               
                                                                               

1995-04-30                     Senate Journal                      Page 1367
SB 81                                                                        
                                                                               
CSSB 81(FIN)                                                                   
Third Reading - Final Passage                                                  
                                                                               
YEAS:  13   NAYS:  5   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller,           
Pearce, Salo, Sharp, Taylor, Torgerson                                         
                                                                               
Nays:  Adams, Duncan, Phillips, Rieger, Zharoff                                
                                                                               
Excused:  Ellis, Hoffman                                                       
                                                                               
and so, CS FOR SENATE BILL NO. 81(FIN) passed the Senate.                      
                                                                               
Senator Adams gave notice of reconsideration.                                  
                                                                               
SB 151                                                                       
SENATE BILL NO. 151 "An Act placing the administrative director                
of the court system in the public employees' retirement system" was            
read the third time.                                                           
                                                                               
The question being:  "Shall SENATE BILL NO. 151 "An Act                        
placing the administrative director of the court system in the public          
employees' retirement system" pass the Senate?"  The roll was taken            
with the following result:                                                     
                                                                               
SB 151                                                                         
Third Reading - Final Passage                                                  
                                                                               
YEAS:  9   NAYS:  9   EXCUSED:  2   ABSENT:  0                               
                                                                               
Yeas:  Donley, Frank, Halford, Leman, Miller, Pearce, Salo, Sharp,             
Taylor                                                                         
                                                                               
Nays:  Adams, Duncan, Green, Kelly, Lincoln, Phillips, Rieger,                 
Torgerson, Zharoff                                                             
                                                                               
Excused:  Ellis, Hoffman                                                       
                                                                               
and so, SENATE BILL NO. 151 failed.                                            
                                                                               
Senator Halford gave notice of reconsideration.                                
                                                                               

1995-04-30                     Senate Journal                      Page 1368
                                  CITATIONS                                  
                                                                               
In Memoriam - James Willis Bayne Jr.                                           
Senator(s) Kelly, Pearce, Taylor, Duncan, Zharoff, Lincoln                     
                                                                               
In Memoriam - Verle Gertrude Picha Kramer                                      
Senator(s) Taylor, Duncan, Zharoff, Kelly, 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.                                 
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
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 May 1.  Without                
objection, it was so ordered.                                                  
                                                                               
                                                                               
                       RECONSIDERATION OF SENATE BILLS                       
                                                                               
SB 77                                                                        
Senator Lincoln requested that the reconsideration on CS FOR                   
SENATE BILL NO. 77(FIN) am "An Act relating to management                      
of game populations, to the powers and duties of the commissioner              
of fish and game, and to the division of game" be taken up.                    
                                                                               
CS FOR SENATE BILL NO. 77(FIN) am was before the Senate on                     
reconsideration.                                                               
                                                                               
The question to be reconsidered: "Shall CS FOR SENATE BILL                     
NO. 77(FIN) am "An Act relating to management of game                          
populations, to the powers and duties of the commissioner of fish              
and game, and to the division of game" pass the Senate?"  The roll             
was taken with the following result:                                           
                                                                               
                                                                               

1995-04-30                     Senate Journal                      Page 1369
SB 77                                                                        
                                                                               
CSSB 77(FIN) am                                                                
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  13   NAYS:  5   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
Phillips, Rieger, Sharp, Taylor, Torgerson                                     
                                                                               
Nays:  Adams, Duncan, Lincoln, Salo, Zharoff                                   
                                                                               
Excused:  Ellis, Hoffman                                                       
                                                                               
and so, CS FOR SENATE BILL NO. 77(FIN) am passed the Senate                    
on reconsideration and was referred to the Secretary for engrossment.          
                                                                               
HB 9                                                                         
The reconsideration on SENATE CS FOR CS FOR HOUSE BILL                         
NO. 9(FIN) am S "An Act relating to recovery of damages from a                 
person having legal custody of a minor when property is destroyed              
by the minor, and to recovery from a minor's permanent fund                    
dividend for injury or damage caused by the minor" was not taken               
up this legislative day and the bill was referred to the Secretary for         
engrossment.                                                                   
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
SB 77                                                                      
CS FOR SENATE BILL NO. 77(FIN) am "An Act relating to                          
management of game populations, to the powers and duties of the                
commissioner of fish and game, and to the division of game" was                
engrossed, signed by the President and Secretary and transmitted to            
the House for consideration.                                                   
                                                                               
                                                                               

1995-04-30                     Senate Journal                      Page 1370
HB 9                                                                         
SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S "An                            
Act relating to recovery of damages from a person having legal                 
custody of a minor when property is destroyed by the minor, and to             
recovery from a minor's permanent fund dividend for injury or                  
damage caused by the minor" was engrossed, signed by the President             
and Secretary and returned to the House for consideration.                     
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in adjournment until 11:00 a.m., May 1, 1995.  Without                   
objection, the Senate adjourned at 5:37 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                            April 1995         

1995-04-30                     Senate Journal                      Page 1371
                                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                              
MAY 01                               MONDAY                    1:30 PM         
 	BILLS AS ANNOUNCED BY THE CHAIR UNDER UNIFORM                                
 	RULE 23(D)                                                                   
                                                                               
MAY 03                             WEDNESDAY                   1:30 PM         
 	BILLS AS ANNOUNCED BY THE CHAIR UNDER UNIFORM                                
 	RULE 23(D)                                                                   
                                                                               
MAY 05                               FRIDAY                    1:30 PM         
 	BILLS AS ANNOUNCED BY THE CHAIR UNDER UNIFORM                                
 	RULE 23(D)                                                                   
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
APR 30                               SUNDAY                    1:00 PM         
SCR 19	BLUE RIBBON COMMISSION ON GAMING                                        
SB 172	ELIMINATE MONTE CARLO NIGHTS                                            
                                                                               
MAY 01                               MONDAY                    9:00 AM         
 	-- PREVIOUSLY SCHEDULED BILLS --                                             
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
MAY 01                               MONDAY                    1:30 PM         
HB  38	SENTENCING;3RD SERIOUS FELONY OFFENDER                                  
HB 274	TUBERCULOSIS CONTROL                                                    
 	COMMISSION ON JUDICIAL CONDUCT CONFIRMATION                                  
 	HEARINGS:  PATRICK BROWN, JOANN HOLMES,                                      
 	ARTHUR PETERSON                                                              
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   

1995-04-30                     Senate Journal                      Page 1372
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
MAY 02                              TUESDAY                    1:30 PM         
 	-- TELECONFERENCE --                                                         
HB 180	LIQUOR LICENSES FOR RESORT/LODGES                                       
SB 158	PHARMACISTS AND PHARMACIES                                              
SB 160	EXCLUSIONS FROM UNEMPLOYMENT COVERAGE                                   
                                                                               
MAY 04                              THURSDAY                   1:30 PM         
 	OVERVIEW ON BELOW BILL:                                                      
SB 157	SMALL LOANS & RETAIL INSTALLMENT SALES                                  
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
MAY 01                               MONDAY                    3:30 PM         
 	-- TELECONFERENCE --                                                         
HB 207	ADJUSTMENTS TO OIL AND GAS ROYALTIES                                    
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                               FAHRENKAMP RM 203                               
APR 30                               SUNDAY                    5:40 PM         
SCR 13	100TH YEAR OF WOMEN IN STATE LEGISLATURES                               
SCR 18	ANNIVERSARY OF END OF WORLD WAR II                                      
SJR 22	FISH & MARINE MAMMAL RESEARCH BERING SEA                                
SB  18	REAA ADVISORY VOTES                                                     
SB 166	BUDGET DEADLINE FOR BOROUGH SCHOOL BOARD                                
HB  13	CAMPAIGN FILINGS & DISCLOSURES                                          
HB  39	AUTHORITY TO PRONOUNCE DEATH                                            
SB 105	PARENTAL CONSENT BEFORE MINOR'S ABORTION                                
SB  54	ELECTRIC UTIL & SOLID WASTE REMOVAL                                     
SB 148	STATE EMP DEFINED CONTRIB RETIREMENT PROG                               
 	<PENDING REFERRAL>                                                           
SB 115	UNIFORM INTERSTATE FAMILY SUPPORT ACT                                   
 	<PENDING REFERRAL>                                                           
SB 116	PATERNITY; CHILD SUPPORT ENFORCEMENT                                    
 	<PENDING REFERRAL>                                                           
SB 130	MARINE PILOTS                                                           
SB 172	ELIMINATE MONTE CARLO NIGHTS                                            
SCR 19	BLUE RIBBON COMMISSION ON GAMING                                        
                    ----------------------------------------                   
                                                                               
                                                                               

1995-04-30                     Senate Journal                      Page 1373
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
MAY 02                              TUESDAY                    3:30 PM         
HJR  9	SUIT RE POWS & MIAS AGAINST U.S. & OTHERS                               
 	<TELECONFERENCE ON ABOVE RESOLUTION>                                         
HJR 39	NORTHERN SEA ROUTE DEVELOPMENT                                          
HB  10	PAYMENT OF COSTS OF DWI ACCIDENTS                                       
SB 163	APPROVE U OF A DEBT FOR STUDENT HOUSING                                 
SR   3	CONVERSION OF ADAK NAVAL AIR FACILITY                                   
SCR 18	ANNIVERSARY OF END OF WORLD WAR II                                      
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
MAY 04                              THURSDAY                   3:30 PM         
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                        CONFERENCE COMMITTEE ON HB 100                       
                               SENATE FINANCE 532                              
MAY 01                               MONDAY                    3:00 PM         
 	DISCUSSION ON LABOR, MILITARY AND VETERANS                                   
 	AFFAIRS, REVENUE, AND EDUCATION                                              
                                                                               
                               OTHER COMMITTEES                              
                                                                               
                               MAJORITY CAUCUS                               
                               BUTROVICH ROOM 205                              
APR 30                               SUNDAY                    4:00 PM         
 	-- NOTE TIME CHANGE --