Legislature(1995 - 1996)

1995-05-06 Senate Journal

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1995-05-06                     Senate Journal                      Page 1543
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                     NINETEENTH LEGISLATURE - FIRST SESSION                    
                                                                               
                                                                               
Juneau, Alaska                      Saturday               May 6, 1995         
                                                                               
                            One Hundred Eleventh Day                           
                                                                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 8:14 p.m.                                                            
                                                                               
The roll showed Senators Duncan, Frank, Halford, Leman, Miller,                
Pearce, Zharoff present.                                                       
                                                                               
Senator Frank led the Senate in the pledge of allegiance.                      
                                                                               
Messages of May 5 and 6 were read, stating the House passed and                
transmitted for consideration:                                                 
                                                                               
                                                                               
                        FIRST READING AND REFERENCE OF                        
                               HOUSE RESOLUTIONS                              
                                                                               
HCR 14                                                                       
HOUSE CONCURRENT RESOLUTION NO. 14 BY THE HOUSE                                
STATE AFFAIRS COMMITTEE,                                                       
                                                                               
Suspending Uniform Rules 24(c), 35, 41(b), and                                
42(e) of the Alaska State Legislature concerning                               
Senate Bill No. 5, relating to election administration                         
and the Alaska Election Code.                                                  
                                                                               
was read the first time and will be held on the Secretary's Desk.              
                                                                               
                                                                               
                                      1543                                     

1995-05-06                     Senate Journal                      Page 1544
                  FIRST READING AND REFERENCE OF HOUSE BILLS                 
                                                                               
HB 35                                                                        
CS FOR HOUSE BILL NO. 35(JUD) BY THE HOUSE                                     
JUDICIARY COMMITTEE, entitled:                                                 
                                                                               
"An Act relating to sexual misconduct as grounds                              
for imposing disciplinary sanctions on persons                                 
licensed by the State Medical Board."                                          
                                                                               
was read the first time and referred to the Health, Education and              
Social Services Committee.                                                     
                                                                               
HB 269                                                                       
CS FOR HOUSE BILL NO. 269(FIN) BY THE HOUSE FINANCE                            
COMMITTEE, entitled:                                                           
                                                                               
"An Act relating to credits against certain taxes for                         
contributions to certain public educational radio and                          
television networks and stations and to endowments                             
for public educational radio and television networks                           
and stations, increasing the amounts that may be                               
claimed as credits against certain state taxes, and                            
precluding claims of the contributions as both                                 
credits and deductions against the taxes; amending                             
the manner of computing refunds to local                                       
governments of the fisheries business tax and the                              
fishery resource landing tax; establishing credits                             
against the fishery resource landing tax; and                                  
terminating the public educational radio and                                   
television credits authorized by this Act at the end                           
of five years; and providing for an effective date."                           
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
HB 287                                                                       
HOUSE BILL NO. 287 BY REPRESENTATIVE ROKEBERG BY                               
REQUEST, entitled:                                                             
                                                                               
"An Act relating to outdoor advertising on trash                              
receptacles and restrictions on outdoor advertising."                          
                                                                               

1995-05-06                     Senate Journal                      Page 1545
HB 287                                                                       
was read the first time and referred to the Transportation Committee.          
                                                                               
HB 288                                                                       
CS FOR HOUSE BILL NO. 288(L&C) am BY THE HOUSE                                 
LABOR AND COMMERCE COMMITTEE, entitled:                                        
                                                                               
"An Act relating to procurement preferences and                               
authorizing certain state real property lease                                  
extensions; and providing for an effective date."                              
                                                                               
was read the first time and referred to the Labor and Commerce                 
Committee.                                                                     
                                                                               
HB 291                                                                       
CS FOR HOUSE BILL NO. 291(JUD) BY THE HOUSE                                    
JUDICIARY COMMITTEE, entitled:                                                 
                                                                               
"An Act relating to civil liability for skateboarding;                        
and providing for an effective date."                                          
                                                                               
was read the first time and referred to the Labor and Commerce and             
Judiciary Committees.                                                          
                                                                               
                                                                               
                          STANDING COMMITTEE REPORTS                         
                                                                               
SJR 28                                                                       
The Resources Committee considered SENATE JOINT                                
RESOLUTION NO. 28 Requesting that the Federal Subsistence                      
Board not adopt the proposed subsistence moose hunting regulations             
for the Kenai Peninsula and the customary and traditional use                  
determination for certain communities on the Kenai Peninsula.                  
Signing no recommendation:  Senator Leman, Chair, Senators                     
Lincoln, Hoffman.  Signing do pass:  Senator Taylor.                           
                                                                               
Zero fiscal note published today from Department of Fish and Game.             
                                                                               
The resolution was referred to the State Affairs Committee.                    
                                                                               
                                                                               

1995-05-06                     Senate Journal                      Page 1546
SB 71                                                                        
The Finance Committee considered SENATE BILL NO. 71 "An Act                    
relating to deep freeze classics; and providing for an effective date"         
and recommended it be replaced with                                            
                                                                               
CS FOR SENATE BILL NO. 71(FIN), entitled:                                     
"An Act relating to deep freeze classics, mercury                             
classics, and snow machine classics; and providing                             
for an effective date."                                                        
                                                                               
Signing do pass:  Senator Frank, Cochair, Senators Rieger, Sharp.              
Signing do not pass:  Senator Halford, Cochair.  Signing no                    
recommendation:  Senator Zharoff.                                              
                                                                               
Previous zero fiscal note.                                                     
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HJR 24                                                                       
The Resources Committee considered CS FOR HOUSE JOINT                          
RESOLUTION NO. 24(FSH) Relating to reduction of wanton waste                   
in North Pacific Ocean and Bering Sea fisheries.  Signing do pass:             
Senator Leman, Chair, Senators Pearce, Taylor, Lincoln, Hoffman,               
Halford, Frank.                                                                
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The resolution was referred to the Rules Committee.                            
                                                                               
HJR 38                                                                       
The Resources Committee considered CS FOR HOUSE JOINT                          
RESOLUTION NO. 38(FSH) Relating to reauthorization of the                      
Magnuson Fishery Conservation and Management Act.  Signing do                  
pass: Senator Leman, Chair, Senators Halford, Pearce, Hoffman.                 
Signing no recommendation:  Senators Taylor, Lincoln.                          
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The resolution was referred to the Rules Committee.                            
                                                                               
                                                                               

1995-05-06                     Senate Journal                      Page 1547
HB 32                                                                        
The Finance Committee considered CS FOR HOUSE BILL NO.                         
32(FIN) "An Act relating to administrative proceedings involving a             
determination of eligibility for a permanent fund dividend or                  
authority to claim a dividend on behalf of another; and providing for          
an effective date."  Signing do pass:  Senators Frank, Halford,                
Cochairs, Senator Sharp.  Signing no recommendation:  Senators                 
Rieger, Phillips, Zharoff.                                                     
                                                                               
Previous House fiscal note.                                                    
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HB 44                                                                        
The Finance Committee considered CS FOR HOUSE BILL NO.                         
44(FIN) am "An Act relating to reporting by permittees, licensees,             
and vendors; relating to municipal regulation of charitable gaming;            
providing that a political group is not a qualified organization for           
purposes of charitable gaming, other than raffles, and relating to             
those raffles; relating to identification to the public of each permittee      
that will benefit from the sale of each pull-tab series and each bingo         
session; providing that the proceeds from charitable gaming, other             
than certain raffles conducted by a political organization, may not be         
contributed to a political party or other political group; and providing       
for an effective date" and recommended it be replaced with                     
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
44(FIN)                                                                        
(forthcoming)                                                                 
                                                                               
Signing do pass:  Senators Frank, Halford, Cochairs, Senators                  
Phillips, Sharp, Rieger.  Signing no recommendation:  Senator                  
Zharoff.                                                                       
                                                                               
Fiscal note for the Finance Senate Committee Substitute published              
today from Department of Revenue.                                              
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
                                                                               

1995-05-06                     Senate Journal                      Page 1548
HB 78                                                                        
The Finance Committee considered CS FOR HOUSE BILL NO.                         
78(FIN) am "An Act relating to certain licenses and applications for           
licenses for persons who are not in substantial compliance with                
orders, judgments, or payment schedules for child support; relating            
to the duty to support children of minor parents; relating to the              
program of aid to families with dependent children, including the              
payment of aid in the case of pregnant minors and minors who are               
parents; proposing special demonstration projects within the program           
of aid to families with dependent children and directing the                   
Department of Health and Social Services to seek waivers from the              
federal government to implement the projects; amending Alaska Rule             
of Civil Procedure 90.3; and providing for an effective date" and              
recommended it be replaced with                                                
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
78(FIN)                                                                        
                                                                               
Signing do pass:  Senators Halford, Frank, Cochairs, Senator Sharp.            
Signing no recommendation:  Senators Rieger, Phillips.  Signing do             
not pass:  Senator Zharoff.                                                    
                                                                               
Fiscal notes for the Senate Committee Substitute published today               
from Alaska Court System, Department of Public Safety, Department              
of Education, Department of Revenue, Department of Commerce and                
Economic Development (3), Department of Labor (2).  Zero fiscal                
note for the Senate Committee Substitute published today from                  
Department of Labor.  Previous House fiscal and zero fiscal notes.             
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HB 107                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
107(FSH) "An Act relating to restrictions attached to certain                  
commercial fisheries limited entry permits."  Signing no                       
recommendation:  Senator Halford, Cochair, Senators Phillips, Sharp.           
Signing do pass:  Senators Rieger, Zharoff.                                    
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               

1995-05-06                     Senate Journal                      Page 1549
HB 120                                                                       
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
120(FIN) "An Act relating to public employers defending and                    
indemnifying public employees and former public employees with                 
respect to claims arising out of conduct that is within the scope of           
employment."  Signing no recommendation:  Senator Taylor, Chair.               
Signing do pass: Senators Miller, Green.  Signing do not pass:                 
Senator Adams.                                                                 
                                                                               
Previous House zero fiscal notes.                                              
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
HB 141                                                                       
The Resources Committee considered  CS FOR HOUSE BILL NO.                      
141(FSH) "An Act relating to the appointment of members of the                 
Board of Fisheries" and recommended it be replaced with                        
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
141(RES)                                                                       
                                                                               
Signing do pass:  Senator Leman, Chair.  Signing no                            
recommendation:  Senators Hoffman, Lincoln, Taylor.                            
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
HB 207                                                                       
The Resources Committee considered CS FOR HOUSE BILL NO.                       
207(FIN) am "An Act relating to adjustments to royalty reserved to             
the state to encourage otherwise uneconomic production of oil and              
gas; and providing for an effective date" and recommended it be                
replaced with                                                                  
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
207(RES)                                                                       
                                                                               
Signing do pass: Senator Leman, Chair.  Signing do pass, if not                
amended:  Senator Pearce.  Signing amend:  Senators Hoffman,                   
Lincoln.  Signing no recommendation:  Senators Taylor, Frank.                  
                                                                               

1995-05-06                     Senate Journal                      Page 1550
HB 207                                                                       
Previous House fiscal notes and zero fiscal notes.                             
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
HB 217                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
217(L&C) am(efd fld) "An Act relating to teacher tenure, teacher               
layoff and rehire rights, public access to information on public               
school collective bargaining, and to the right of tenured teachers to          
judicial review of decisions of nonretention or dismissal; and relating        
to retirement for certain employees of school districts, regional              
resource centers, the state boarding school, and regional educational          
attendance areas" and recommended it be replaced with                          
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
217(FIN)                                                                       
(forthcoming)                                                                 
                                                                               
Signing do pass:  Senators Frank, Halford, Cochairs, Senators Rieger,          
Sharp.  Signing no recommendation:  Senator Phillips.  Signing do              
not pass:  Senator Zharoff.                                                    
                                                                               
Fiscal note for the Finance Senate Committee Substitute published              
today from Department of Administration.  Previous House zero                  
fiscal note.                                                                   
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HB 219                                                                       
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
219(FIN) "An Act relating to medical care for prisoners; and                   
authorizing special medical parole for severely medically disabled or          
quadriplegic prisoners."  Signing do pass:  Senator Taylor, Chair,             
Senators Miller, Green.  Signing no recommendation:  Senators                  
Adams, Ellis.                                                                  
                                                                               
Previous House zero fiscal notes.                                              
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
                                                                               

1995-05-06                     Senate Journal                      Page 1551
HB 234                                                                       
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
234(JUD) "An Act relating to administrative adjudication under the             
Administrative Procedure Act."  Signing do pass: Senator Taylor,               
Chair.  Signing no recommendation:  Senators Miller, Adams, Green,             
Ellis.                                                                         
                                                                               
Previous House zero fiscal notes.                                              
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HB 315                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
315(FIN) "An Act relating to the Alaska Science and Technology                 
Foundation and to the financing of technological developments by               
public corporations of the state; relating to the financing of the             
Kodiak launch complex, the Fairbanks satellite ground station space            
park, and a low-rank coal water fuel technology project; and relating          
to a feasibility study to be conducted concerning the establishment            
of a Challenger Learning Center for the study of science and                   
technology."  Signing do pass:  Senator Frank, Cochair, Senators               
Rieger, Zharoff.  Signing no recommendation:  Senator Halford,                 
Cochair, Senator Sharp.                                                        
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
                                                                               
                         INTRODUCTION AND REFERENCE OF                        
                              SENATE RESOLUTIONS                              
                                                                               
SJR 29                                                                       
SENATE JOINT RESOLUTION NO. 29 BY SENATORS                                     
HALFORD, Green, Phillips,                                                      
                                                                               
Requesting the Congress to clarify that the Reindeer                          
Industry Act of 1937 no longer applies in the State                            
of Alaska.                                                                     
                                                                               
was read the first time and referred to the Resources Committee.               

1995-05-06                     Senate Journal                      Page 1552
The presence of Senator Phillips was noted.                                    
                                                                               
                  INTRODUCTION AND REFERENCE OF SENATE BILLS                 
                                                                               
SB 175                                                                       
SENATE BILL NO. 175 BY SENATOR DONLEY, entitled:                               
                                                                               
"An Act relating to correctional institutions and their                       
administration; providing the Department of                                    
Corrections with the authority to require prisoners to                         
assist in paying for medical treatment; relating to                            
the authority of a law enforcement agency to charge                            
a prisoner for medical costs for a preexisting                                 
condition; and relating to service of criminal                                 
sentences."                                                                    
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
SB 176                                                                       
SENATE BILL NO. 176 BY THE SENATE RESOURCES                                    
COMMITTEE, entitled:                                                           
                                                                               
"An Act relating to regulation of certain natural gas                         
exploration facilities for purposes of preparation of                          
discharge prevention and contingency plans and                                 
compliance with financial responsibility                                       
requirements, and amending the duties of the Alaska                            
Oil and Gas Conservation Commission as they relate                             
to natural gas exploration activities; and providing                           
for an effective date."                                                        
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
SB 177                                                                       
SENATE BILL NO. 177 BY SENATOR GREEN, entitled:                                
                                                                               
"An Act relating to permits to carry concealed                                
handguns."                                                                     
                                                                               
was read the first time and referred to the State Affairs and Judiciary        
Committees.                                                                    

1995-05-06                     Senate Journal                      Page 1553
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in adjournment until 2:00 p.m., May 7, 1995.  Without                    
objection, the Senate adjourned at 8:30 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                              May 1995         

1995-05-06                     Senate Journal                      Page 1554
                                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                             
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
MAY 06                              SATURDAY                   9:00 AM         
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
MAY 07                               SUNDAY                   12:00 PM         
HB 207	ADJUSTMENTS TO OIL AND GAS ROYALTIES                                    
HB 268	APPROP: FY 96 CAPITAL PROJECTS BUDGET                                   
 	<PENDING REFERRAL>                                                           
HB 233	EXTENSION OF MISC BOARDS & COMMISSIONS                                  
 	PREVIOUSLY SCHEDULED BILLS                                                   
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
MAY 07                               SUNDAY                    1:00 PM         
 	-- TIME CHANGE --                                                            
HB  35	SEXUAL MISCONDUCT BY MEDICAL PROFESSIONAL                               
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
MAY 08                               MONDAY                    1:30 PM         
HB 201	PRISONER LITIGATION AND APPEALS                                         
HB  10	PAYMENT OF COSTS OF DWI ACCIDENTS                                       
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
MAY 07                               SUNDAY                    1:45 PM         
HB 224	STATE PLUMBING CODE                                                     
                    ----------------------------------------                   
                                                                               
                                                                               

1995-05-06                     Senate Journal                      Page 1555
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
MAY 07                               SUNDAY                    1:30 PM         
SJR 29	REINDEER INDUSTRY ACT OF 1937                                           
SB 176	EXEMPT NAT.GAS FACILITY FROM BOND & PLANS                               
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                              FAHRENKAMP ROOM 203                              
MAY 07                               SUNDAY                    1:00 PM         
 	-- RESCHEDULED FROM 05/06/95 --                                              
HB  17	OFFICERS OF UTILITY COOPERATIVES                                        
HB 116	EXEMPT ASMI FROM PROCUREMENT CODE                                       
HB 130	REGULATION ADOPTION PROCEDURES & REVIEW                                 
HB 140	SMALL FISH PROCESSOR SURETY BONDS                                       
SB 158	PHARMACISTS AND PHARMACIES                                              
 	PROFESSIONAL SERVICES CONTRACT:                                              
 	SARA E. GAY, JAMES E. EASON                                                  
HB  44	GAMING PROCEEDS/DEFINE CHARITABLE ORG'NS                                
HB  78	PUBLIC ASSIST. DEMO PROJECT & DECREASE                                  
HB 217	EMPLOYMENT RIGHTS OF TEACHERS                                           
HB 219	PAROLE OF TERMINALLY ILL PRISONERS                                      
HB 220	ALASKA TOURISM MARKETING COUNCIL                                        
 	<PENDING REFERRAL>                                                           
HB 233	EXTENSION OF MISC BOARDS & COMMISSIONS                                  
 	<PENDING REFERRAL>                                                           
HB 234	ADMINISTRATIVE ADJUDICATIONS                                            
HB 274	TUBERCULOSIS CONTROL                                                    
 	<PENDING REFERRAL>                                                           
HB 315	FINANCING TECHNOLOGICAL PROJECTS                                        
HJR 24	WASTE IN PACIFIC AND BERING SEA FISHERY                                 
HJR 38	MAGNUSON FISHERY CONSERVATION & MGMT ACT                                
SB  71	DEEP FREEZE CLASSIC                                                     
HB 107	RESTRICTED LIMITED ENTRY PERMITS                                        
HB  32	PFD ADMINISTRATIVE PROCEEDINGS                                          
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
MAY 09                              TUESDAY                    3:30 PM         
 	-- AGENDA TO BE ANNOUNCED --                                                 
                                                                               
MAY 11                              THURSDAY                   3:30 PM         
 	-- AGENDA TO BE ANNOUNCED --                                                 
                                                                               
                                                                               

1995-05-06                     Senate Journal                      Page 1556
                               JOINT COMMITTEES                              
                                                                               
                          LEGISLATIVE BUDGET & AUDIT                         
                               HOUSE FINANCE 519                               
MAY 11                              THURSDAY                   9:00 AM         
 	REVIEW OF AUDIT REQUESTS, RPLS, DISCUSSION OF                                
 	DRAFT BILL REPEALING MERGER OF AHFC, DCRA, AND                               
 	ASHA HOUSING PROGRAMS                                                        
                    ----------------------------------------                   
                                                                               
                        CONFERENCE COMMITTEE ON HB 100                       
                               SENATE FINANCE 532                              
MAY 07                               SUNDAY                    3:00 PM         
 	TORTS, UAA, NATURAL RESOURCES, CORRECTIONS