Legislature(1995 - 1996)
1996-01-11 Senate Journal
Full Journal pdf1996-01-11 Senate Journal Page 2101 ªComment: #END ß SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Thursday Fourth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:00 a.m. The roll showed eighteen members present. Senators Ellis, Rieger were absent. The prayer was offered by the Chaplain, Pastor Kermit Wilson of the First Church of God. Senator Duncan moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Our Heavenly Father, We are reminded that, Blessed is the nation whose God is the Lord, the people He chose for His inheritance. (Psalms 33:12) We are grateful that You have blessed us a great nation, may we continue to find Your favor. May we continue to look to You and Your word for the moral compass to guide our families and children. We pray for President Clinton, give him wisdom as he leads. For our congress, may they work together for the good of all Americans. Guide Governor Knowles as he directs the affairs of this state. Bless and give our State Senators unity and collective purpose. May they be able to accomplish meaningful work in this session. Now Father watch over and guide us as we conduct the business of today. Help our State Legislators to see clearly and act responsibly to meet the needs of the people of Alaska. Amen. 2101 1996-01-11 Senate Journal Page 2102 Senator Green led the Senate in the pledge of allegiance. The presence of Senators Ellis, Rieger was noted. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the third legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Message dated January 10 was read, stating: The House of Representatives respectfully invites the Senate to a Joint Session of the Nineteenth Alaska Legislature at 11:00 a.m. on Wednesday, January 17, 1996 for the purpose of hearing an address by the Honorable Frank Murkowski, U.S. Senator. Senator Halford moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. Without objection, it was so ordered. The Secretary was requested to notify the House. COMMUNICATIONS The following report was received and is on file in the Office of the Secretary of the Senate: Alaska Court System Annual Report from Arthur H. Snowden, II, Administrative Director (Distributed to all Senators) INTRODUCTION AND REFERENCE OF SENATE BILLS SB 212 SENATE BILL NO. 212 BY THE SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE BY REQUEST, entitled: 1996-01-11 Senate Journal Page 2103 SB 212 An Act relating to the grounds for revoking or suspending a dental license and for the imposition of other disciplinary sanctions by the Board of Dental Examiners; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Labor and Commerce Committees. CONSIDERATION OF THE CALENDAR CITATIONS In Memoriam - Nicholas Ayaginar Charles Senator(s) Hoffman, Adams, Lincoln, Zharoff, Duncan, Pearce Representative(s) Ivan, Foster, Nicholia In Memoriam - Harold Kehoe Senator(s) Hoffman, Adams, Duncan, Zharoff, Lincoln, Pearce In Memoriam - Donald C. Teeluk Representative(s) Foster; Senator(s) Adams, Hoffman, Duncan, Zharoff, Lincoln, Pearce, Leman 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 HB 191 President Pearce added a Resources Committee referral to CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 191(FIN) An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date. The bill was referred to the Resources and Finance Committees. 1996-01-11 Senate Journal Page 2104 ANNOUNCEMENTS Announcements are at the end of the journal. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to the Joint Session at 6:00 p.m. Without objection, the Senate recessed at 11:07 a.m. AFTER RECESS JOINT SESSION IN THE HOUSE Speaker Phillips called the House to order and in accordance with Uniform Rule 51 turned the gavel over to President Pearce who called the Joint Session to order at 6:10 p.m. The purpose of the Joint Session was to consider the Governors vetoes. The roll of the Senate was called and showed twenty members present. The roll of the House was taken and showed forty members present. SB 14 Senator Halford moved that CS FOR SENATE BILL NO. 14(JUD) An Act relating to criminal mischief become law notwithstanding the Governors veto. Senator Halford called the Joint Session. President Pearce stated the call was satisfied. Senator Halford stated that a yes vote would override the Governors veto and a no vote would sustain the Governors veto. The question being: Shall CS FOR SENATE BILL NO. 14(JUD) become law notwithstanding the Governors veto? The roll of the Senate was called with the following result: 1996-01-11 Senate Journal Page 2105 SB 14 CSSB 14(JUD) Override Governor's Veto? SENATE YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Pearce Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff The roll of the House was taken with the following result: HOUSE YEAS: 25 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Moses, Navarre, Nicholia, Robinson, Willis TOTAL: YEAS: 37 NAYS: 23 and so, the Governors veto of CS FOR SENATE BILL NO. 14(JUD) was sustained. HB 44 Senator Halford moved that SENATE CS FOR CS FOR HOUSE BILL NO. 44(FIN) 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 become law notwithstanding the Governors veto. 1996-01-11 Senate Journal Page 2106 HB 44 The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 44(FIN) become law notwithstanding the Governors veto? The roll of the House was taken with the following result: SCS CSHB 44(FIN) Override Veto HOUSE YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, MacLean, Martin, Masek, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey Nays: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Moses, Mulder, Navarre, Nicholia, Robinson, Sanders, Williams, Willis The roll of the Senate was called with the following result: SENATE YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Pearce Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff, Adams TOTAL: YEAS: 34 NAYS: 26 and so, the Governors veto of SENATE CS FOR CS FOR HOUSE BILL NO. 44(FIN) was sustained. HB 268 Senator Halford moved that in Section 103, page 27, line 29, of SENATE CS FOR CS FOR HOUSE BILL NO. 268(FIN) am S(reengrossed) An Act making and amending appropriations; and providing for an effective date become law notwithstanding the Governors line item reduction by veto. 1996-01-11 Senate Journal Page 2107 HB 268 The question being: Shall Section 103, page 27, line 29, of SENATE CS FOR CS FOR HOUSE BILL NO. 268(FIN) am S(reengrossed) become law notwithstanding the Governors line item reduction by veto? The roll of the Senate was called with the following result: SCS CSHB 268(FIN) am S (reengrossed) Override Governor's line item reduction of Section 103, Page 27? SENATE YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Sharp, Taylor, Torgerson, Donley, Pearce Nays: Duncan, Ellis, Hoffman, Lincoln, Rieger, Salo, Zharoff, Adams The roll of the House was taken with the following result: HOUSE YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Nays: Austerman, Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Moses, Navarre, Nicholia, Robinson, Williams, Willis TOTAL: YEAS: 34 NAYS: 26 and so, the Governors line item reduction by veto of SENATE CS FOR CS FOR HOUSE BILL NO. 268(FIN) am S(reengrossed) was sustained. 1996-01-11 Senate Journal Page 2108 HB 217 Senator Halford moved that 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 become law notwithstanding the Governors veto. President Pearce cautioned members to confine debate to the bill. Representative Davies moved and asked unanimous consent that he be allowed to abstain from voting because of a conflict of interest. Objections were heard and Representative Davies was required to vote. The question being: Shall CS FOR HOUSE BILL NO. 217(L&C) am(efd fld) become law notwithstanding the Governors veto? The roll of the House was taken with the following result: CSHB 217(L&C) am (efd fld) Override Veto HOUSE YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, MacLean, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Nays: Barnes, Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Robinson, Sanders, Willis The roll of the Senate was called with the following result: 1996-01-11 Senate Journal Page 2109 HB 217 SENATE YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Pearce Nays: Ellis, Hoffman, Lincoln, Salo, Zharoff, Adams, Donley, Duncan TOTAL: YEAS: 31 NAYS: 29 and so, the Governors veto of CS FOR HOUSE BILL NO. 217(L&C) am(efd fld) was sustained. SB 16 Senator Halford moved that HOUSE CS FOR CS FOR SENATE BILL NO. 16(FIN) An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaskas endowment trust fund as university receipts subject to prior legislative appropriation become law notwithstanding the Governors veto. Senator Duncan moved and asked unanimous consent that he be allowed to abstain from voting because of a possible conflict of interest. Objections were heard and Senator Duncan was required to vote. The question being: Shall HOUSE CS FOR CS FOR SENATE BILL NO. 16(FIN) become law notwithstanding the Governors veto? The roll of the Senate was called with the following result: HCS CSSB 16(FIN) Override Governor's Veto? SENATE YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Pearce Nays: Hoffman, Lincoln, Salo, Zharoff, Adams, Donley, Duncan, Ellis 1996-01-11 Senate Journal Page 2110 SB 16 The roll of the House was taken with the following result: HOUSE YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Bunde, G.Davis, Foster, Green, Ivan, James, Kelly, Kohring, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Hanley, Kott, Kubina, Mackie, MacLean, Moses, Navarre, Nicholia, Robinson, Willis Barnes changed from "Yea" to "Nay". Kott changed from "Yea" to "Nay". Hanley changed from "Yea" to "Nay". TOTAL: YEAS: 34 NAYS: 26 and so, the Governors veto of HOUSE CS FOR CS FOR SENATE BILL NO. 16(FIN) was sustained. Senator Halford lifted the call. The Joint Session stood at ease. The Joint Session reconvened at 8:07 p.m. for the purpose of hearing the Honorable Tony Knowles, Governor of Alaska, deliver his State of the Budget address. President Pearce introduced the Lieutenant Governor of the State of Alaska, the Honorable Fran Ulmer. President Pearce introduced the First Lady of the State of Alaska, Susan Knowles. President Pearce introduced Jim Ayers, the Governors Chief of Staff. President Pearce introduced Analee McConnell, Director of the Office of Management and Budget. 1996-01-11 Senate Journal Page 2111 President Pearce appointed Representative Hanley and Senator Adams to escort Governor Knowles to the Joint Session. The Senate Sergeant at Arms announced the Governors entrance to the House Chamber. The Honorable Tony Knowles was escorted to the rostrum and introduced by President Pearce. Governor Knowles delivered the State of the Budget address. This address appears in House and Senate Joint Journal Supplement No. 14. Following his address, the Governor received a standing ovation and was escorted from the chamber by Senator Adams and Representative Hanley. Senator Halford moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Pearce adjourned the Joint Session at 8:38 p.m. AFTER RECESS IN THE SENATE The Senate reconvened at 8:39 p.m. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., January 12, 1996. Without objection, the Senate adjourned at 8:40 p.m. Nancy Quinto Secretary of the Senate January 1996 1996-01-11 Senate Journal Page 2112 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. + indicates teleconference STANDING COMMITTEE COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 JAN 15 MONDAY 1:30 PM NO MEETING SCHEDULED JAN 17 WEDNESDAY 1:30 PM NO MEETING SCHEDULED JAN 19 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 JAN 17 WEDNESDAY 9:00 AM FY 97 STATEWIDE BUDGET OVERVIEW; ANALEE MCCONNELL, OFFICE OF MANAGEMENT AND BUDGET DIRECTOR JAN 18 THURSDAY 9:00 AM FY 97 DEPARTMENT BUDGET OVERVIEWS COMMISSIONER MIKE IRWIN, DEPT. OF COMMUNITY AND REGIONAL AFFAIRS DEPUTY COMMISSIONER MICHELE BROWN, DEPT. OF ENVIRONMENTAL CONSERVATION ART SNOWDEN, COURT SYSTEM ADMINISTRATOR 1996-01-11 Senate Journal Page 2113 FINANCE CONTINUED JAN 19 FRIDAY 9:00 AM FY 97 DEPARTMENT BUDGET OVERVIEWS COMMISSIONER WILLIE HENSLEY, DEPT. OF COMMERCE AND ECONOMIC DEVELOPMENT COMMISSIONER TOM CASHEN, DEPT. OF LABOR COMMISSIONER KAREN PERDUE, DEPT. OF HEALTH AND SOCIAL SERVICES ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 JAN 17 WEDNESDAY 9:00 AM + SB 165 PSYCHOLOGISTS & PSYCHOLOGICAL ASSOCIATES + SB 212 DISCIPLINARY SANCTIONS FOR DENTISTS JAN 18 THURSDAY 3:00 PM JOINT HOUSE AND SENATE HESS COMMITTEE MEETING OVERVIEW OF MENTAL HEALTH PROGRAM AND PLANNING EO 97 TRANSFER FUNCTIONS OF THE ALASKA COMM. ON POSTSECONDARY EDUCATION JAN 19 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 JAN 17 WEDNESDAY 1:30 PM SB 194 GANG RELATED CRIMES JAN 19 FRIDAY 1:30 PM HJR 30 AMEND US CONSTIT. TO LIMIT FED. COURTS ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 JAN 11 THURSDAY 1:30 PM SB 119 MANDATORY MEDIATION/DESIGN PROF LAWSUITS JAN 16 TUESDAY 1:30 PM HB 224 STATE PLUMBING CODE JAN 18 THURSDAY 1:30 PM SB 202 ARCHITECTS/ENGINEERS/LAND SURVEYORS ---------------------------------------- 1996-01-11 Senate Journal Page 2114 RESOURCES BUTROVICH ROOM 205 JAN 12 FRIDAY 3:30 PM NO MEETING SCHEDULED JAN 15 MONDAY 3:30 PM NO MEETING SCHEDULED JAN 17 WEDNESDAY 3:30 PM SB 162 AGRICULTURAL LAND SB 128 NONRESIDENT HUNT, SPORT FISH, TRAP FEES JAN 19 FRIDAY 3:30 PM HB 191 MANAGEMENT OF STATE LAND AND RESOURCES ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 JAN 11 THURSDAY 3:30 PM -- MEETING POSTPONED UNTIL JANUARY 16 -- SJR 24 CHANGE TIMING OF VETO OVERRIDE JAN 16 TUESDAY 3:30 PM SJR 24 CHANGE TIMING OF VETO OVERRIDE JAN 18 THURSDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 JAN 11 THURSDAY 1:30 PM NO MEETING SCHEDULED JAN 16 TUESDAY 1:30 PM NO MEETING SCHEDULED JAN 18 THURSDAY 1:30 PM NO MEETING SCHEDULED 1996-01-11 Senate Journal Page 2115 OTHER COMMITTEES JOINT TASK FORCE ON INTERNATIONAL TRADE HOUSE FINANCE 519 JAN 18 THURSDAY 4:00 PM ALASKAS INTERNATIONAL TRADE SUPPORT NETWORK ---------------------------------------- JOINT SESSION HOUSE CHAMBER JAN 17 WEDNESDAY 11:00 AM ADDRESS BY SENATOR FRANK MURKOWSKI ---------------------------------------- JOINT SESSION HOUSE CHAMBER JAN 11 THURSDAY 6:00 PM CONSIDERATION OF GOVERNORS VETOES JAN 11 THURSDAY 8:00 PM JOINT SESSION: STATE OF THE BUDGET ..HONORABLE TONY KNOWLES, GOVERNOR