Legislature(1995 - 1996)

1996-01-31 Senate Journal

Full Journal pdf

1996-01-31                     Senate Journal                      Page 2261
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    NINETEENTH LEGISLATURE - SECOND SESSION                    
                                                                               
Juneau, Alaska                     Wednesday                                   
                                                                               
                               Twenty-fourth Day                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:05 a.m.                                                           
                                                                               
The roll showed twenty members present.                                        
                                                                               
The prayer was offered by the Chaplain, Pastor Greg Lindsay of the             
Northern Light United Church.  Senator Duncan moved and asked                  
unanimous consent that the prayer be spread.  Without objection, it            
was so ordered.                                                                
                                                                               
Respecting the religious tradition of each person                             
here, let us pray:                                                             
                                                                               
God of all time and space, God of infinite love and                           
mercy, may our presence here today symbolize our                               
desire to become better servants of all Your people.                           
In this time given to us may we become patient                                 
listeners, humble speakers and true colleagues;                                
whose goal is to serve with humility, justice and                              
compassion.  Guide the work of our hands, that all                             
people may be served by our work here.      Amen.                              
                                                                               
Senator Zharoff led the Senate in the pledge of allegiance.                    
                                                                               
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Halford moved and asked unanimous consent that the journal             
for the twenty-third legislative day be approved as certified by the           
Secretary.  Without objection, it was so ordered.                              
                                                                               
                                                                               
                                      2261                                     

1996-01-31                     Senate Journal                      Page 2262
                           MESSAGES FROM THE HOUSE                           
                                                                               
Message dated January 31 was read, stating:                                    
                                                                               
The House of Representatives respectfully invites the Senate to a              
Joint Session of the Nineteenth Alaska Legislature at 10:30 a.m. on            
Thursday,  February 15, 1996 for the purpose of hearing an address             
by U.S. Senator Ted Stevens.                                                   
                                                                               
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.                               
                                                                               
                                                                               
                          STANDING COMMITTEE REPORTS                         
                                                                               
SB 165                                                                       
The Labor and Commerce Committee considered SENATE BILL                        
NO. 165 An Act relating to psychologists and psychological                     
associates and recommended it be replaced with                                 
                                                                               
CS FOR SENATE BILL NO. 165(L&C)                                               
                                                                               
Signing do pass: Senator Kelly, Chair, Senator Salo.  Signing no               
recommendation: Senators Miller, Torgerson.                                    
                                                                               
Previous zero fiscal note applies to the Committee Substitute.                 
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 184                                                                       
The Labor and Commerce Committee considered SENATE BILL                        
NO. 184 An Act relating to civil liability for false claims and                
improper allegations or defenses in civil practice; and providing for          
an effective date.  Signing do pass: Senator Kelly, Chair.  Signing            
no recommendation: Senators Miller, Torgerson.  Signing do not                 
pass: Senator Salo.                                                            
                                                                               
                                                                               

1996-01-31                     Senate Journal                      Page 2263
SB 184                                                                       
Zero fiscal note published today from Alaska Court System.                     
                                                                               
The bill was referred to the Judiciary Committee.                              
                                                                               
SB 219                                                                       
The State Affairs Committee considered SENATE BILL NO. 219                     
An Act relating to the disposal of firearms and ammunition by the              
state or a municipality.  Signing do pass: Senator Sharp, Chair,               
Senators Leman, Phillips, Donley.  Signing do not pass: Senator                
Duncan.                                                                        
                                                                               
Zero fiscal notes published today from Department of Community                 
and Regional Affairs, Department of Public Safety.                             
                                                                               
The bill was referred to the Judiciary Committee.                              
                                                                               
HJR 30                                                                       
The Rules Committee considered HOUSE JOINT RESOLUTION                          
NO. 30 Relating to an amendment to the Constitution of the United              
States prohibiting federal courts from ordering a state or a political         
subdivision of a state to increase or impose taxes.  Signing to                
calendar: Senator Miller, Chair, Senators Pearce, Sharp.  Signing no           
recommendation: Senators Duncan, Salo.                                         
                                                                               
The resolution is on todays calendar.                                          
                                                                               
                                                                               
                  INTRODUCTION AND REFERENCE OF SENATE BILLS                 
                                                                               
SB 249                                                                       
SENATE BILL NO. 249 BY SENATOR SHARP, entitled:                                
                                                                               
An Act repealing the resident brown or grizzly                                
bear big game tag; and providing for an effective                              
date.                                                                          
                                                                               
was read the first time and referred to the Resources Committee.               

1996-01-31                     Senate Journal                      Page 2264
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 30                                                                       
HOUSE JOINT RESOLUTION NO. 30 Relating to an amendment                         
to the Constitution of the United States prohibiting federal courts            
from ordering a state or a political subdivision of a state to increase        
or impose taxes, was read the second time.                                     
                                                                               
Senator Halford moved and asked unanimous consent that the                     
resolution be advanced to third reading and placed on final passage.           
Without objection, it was so ordered.                                          
                                                                               
HOUSE JOINT RESOLUTION NO. 30 was read the third time.                         
                                                                               
The question being: Shall HOUSE JOINT RESOLUTION NO. 30                        
Relating to an amendment to the Constitution of the United States              
prohibiting federal courts from ordering a state or a political                
subdivision of a state to increase or impose taxes, pass the Senate?           
The roll was taken with the following result:                                  
                                                                               
HJR 30                                                                         
Third Reading - Final Passage                                                  
                                                                               
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson                             
                                                                               
Nays:  Adams, Duncan, Ellis, Hoffman, Lincoln, Zharoff                         
                                                                               
and so, HOUSE JOINT RESOLUTION NO. 30 passed the Senate.                       
                                                                               
Senator Green moved and asked unanimous consent that she be                    
shown as a cross sponsor on the resolution.  Without objection, it             
was so ordered.                                                                
                                                                               
Senator Duncan gave notice of reconsideration.                                 
                                                                               
                                                                               

1996-01-31                     Senate Journal                      Page 2265
                             UNFINISHED BUSINESS                             
                                                                               
                       RECONSIDERATION OF SENATE BILLS                       
                                                                               
SB 54                                                                        
Senator Donley requested that the reconsideration on CS FOR                    
SENATE BILL NO. 54(RLS)  An Act relating to exclusive service                  
areas for utilities certificated to provide electric utility service and to    
the definition of `general public' for utilities furnishing electric           
service; and relating to employees and terms of members of the                 
Alaska Public Utilities Commission be taken up.                                
                                                                               
CS FOR SENATE BILL NO. 54(RLS) was before the Senate on                        
reconsideration.                                                               
                                                                               
Senator Duncan moved and asked unanimous consent that he be                    
allowed to abstain from voting due to a conflict of interest.                  
Objections were heard and Senator Duncan was required to vote.                 
                                                                               
Senator Halford moved that the bill be returned to second reading for          
the purpose of a specific amendment, that being Amendment No.  1.              
Without objection, it was so ordered.                                          
                                                                               
Senator Halford offered Amendment No. 1 :                                       
                                                                               
	Page 2, lines 1 and 2                                                         
		Delete sentence.                                                             
                                                                               
Senator Halford moved for the adoption of Amendment No. 1.                     
Senator Duncan objected.                                                       
                                                                               
                                                                               

1996-01-31                     Senate Journal                      Page 2266
SB 54                                                                        
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 54(RLS)                                                                   
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo                    
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
CS FOR SENATE BILL NO. 54(RLS) am was automatically in third                   
reading.                                                                       
                                                                               
The question to be reconsidered: Shall CS FOR SENATE BILL                      
NO. 54(RLS) am  An Act relating to exclusive service areas for                 
utilities certificated to provide electric utility service and to the          
definition of `general public' for utilities furnishing electric service;      
and relating to employees and terms of members of the Alaska                   
Public Utilities Commission pass the Senate?  The roll was taken               
with the following result:                                                     
                                                                               
CSSB 54(RLS) am                                                                
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Duncan, Frank, Green, Halford, Kelly, Lincoln, Miller, Pearce,          
R.Phillips, Salo, Sharp, Taylor, Torgerson, Zharoff                            
                                                                               
Nays:  Adams, Donley, Ellis, Hoffman, Leman, Rieger                            
                                                                               
Pearce changed from "Nay" to "Yea".                                            
                                                                               
and so, CS FOR SENATE BILL NO. 54(RLS) am passed the Senate                    
on reconsideration and was referred to the Secretary for engrossment.          
                                                                               
                                                                               

1996-01-31                     Senate Journal                      Page 2267
                                  CITATIONS                                  
                                                                               
Honoring - Seattle Mariners 1995 Alaska Dream Team Tour                        
Representative(s) Willis, Brice                                                
Senator(s) Duncan, Hoffman, Zharoff, Leman, Lincoln, Pearce,                   
Taylor, Green, Kelly, Rieger                                                   
                                                                               
Honoring - The Chugiak-Eagle River Alaska Star - 25th Anniversary              
Representative(s) Willis, Martin                                               
Senator(s) R. Phillips, Halford, Green, Duncan, Hoffman, Zharoff,              
Leman, Donley, Pearce, Miller, Taylor, Kelly, Ellis, Rieger, Lincoln           
                                                                               
Honoring - Georjean Seeliger, Winner of the Milkin Award for                   
Excellence and Involvement in Education                                        
Representative(s) Brice                                                        
Senator(s) Sharp, Miller, Frank, Duncan, Hoffman, Zharoff, Salo,               
Leman, Donley, Lincoln, Pearce, Taylor, Green, Kelly                           
                                                                               
In Memoriam - Okalena Olympic                                                  
Representative(s) Ivan                                                         
Senator(s) Hoffman, Duncan, Zharoff, Lincoln, Pearce, Taylor, Green,           
Kelly, Halford                                                                 
                                                                               
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 231                                                                       
Senator Halford moved and asked unanimous consent that his name                
be withdrawn as a cosponsor on SENATE BILL NO. 231 An Act                      
relating to title insurance; and providing for an effective date.              
Without objection, it was so ordered.                                          
                                                                               
SB 230                                                                       
Senator Donley moved and asked unanimous consent that he be                    
shown as a cosponsor on SENATE BILL NO. 230 An Act                             
providing that state land, water, and land and water may not be                
classified so as to preclude or restrict traditional means of access for       
traditional recreational uses.   Without objection, it was so ordered.         

1996-01-31                     Senate Journal                      Page 2268
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
SB 54                                                                        
CS FOR SENATE BILL NO. 54(RLS) am An Act relating to                           
exclusive service areas for utilities certificated to provide electric         
utility service and to the definition of `general public' for utilities        
furnishing electric service; and relating to employees and terms of            
members of the Alaska Public Utilities Commission was engrossed,               
signed by the President and Secretary and transmitted to the House             
for consideration.                                                             
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in adjournment until 10:00 a.m., February 2, 1996.  Without              
objection, the Senate adjourned at 12:19 p.m.                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                          January 1996         

1996-01-31                     Senate Journal                      Page 2269
                                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 COMMITTEES                             
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                               BUTROVICH ROOM 205                              
JAN 31                         WEDNESDAY  1:30 PM                              
	EO 93 TRANSFERRING RESPONSIBILITY FOR                                        
	..AK REGIONAL ECONOMIC ASSISTANCE PROGRAM                                    
+	SB 206WELFARE REFORM                                                        
                                                                               
FEB 02                          FRIDAY  1:30 PM                                
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
JAN 31                         WEDNESDAY  9:00 AM                              
	FY 97 BUDGET OVERVIEWS:                                                      
	..DEPT. OF EDUCATION                                                         
	..DEPT. OF NATURAL RESOURCES                                                 
                                                                               
FEB 01                         THURSDAY  9:00 AM                               
	HJR  1REPEAL OF REGULATIONS BY LEGISLATURE                                   
	SJR 14CONFIRMATION OF BD MANAGING PERM FUND                                  
	SB  89PERMANENT FUND BOARD MEMBERS & STAFF                                   
	SB 162AGRICULTURAL LAND                                                      
                                                                               
FEB 02                          FRIDAY  1:30 PM                                
	JOINT MEETING WITH HOUSE FINANCE                                             
	SUMMARY OF GOVERNOR'S BUDGET                                                 
                    ----------------------------------------                   
                                                                               

1996-01-31                     Senate Journal                      Page 2270
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
JAN 31                         WEDNESDAY  9:00 AM                              
	NO MEETING SCHEDULED                                                         
                                                                               
FEB 02                          FRIDAY  9:00 AM                                
+	SB 188VIDEOTAPE INTERVIEW OF ABUSED MINOR                                   
	<BILL POSTPONED UNTIL 2/9/96>                                                
                                                                               
FEB 09                          FRIDAY  9:00 AM                                
	--RESCHEDULED FROM 2/2/96--                                                  
+	SB 188VIDEOTAPE INTERVIEW OF ABUSED MINOR                                   
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
JAN 31                         WEDNESDAY  1:30 PM                              
	SJR 30USE OF BUDGET RESERVE FUND                                             
+	HB 127120-DAY JAIL: ASSAULT ON OFFICERS                                     
                                                                               
FEB 02                          FRIDAY  1:30 PM                                
	-- MEETING POSTPONED UNTIL 2/5/96 --                                         
	SJR 31VOTER APPROVAL:AK STATEHOOD ACT AMENDMENT                              
+	SB 238CRUELTY TO ANIMALS                                                    
                                                                               
FEB 05                          MONDAY  1:30 PM                                
	-- RESCHEDULED FROM 2/2/96 --                                                
	SJR 31VOTER APPROVAL:AK STATEHOOD ACT AMENDMENT                              
+	SB 238CRUELTY TO ANIMALS                                                    
                                                                               
FEB 07                         WEDNESDAY  1:30 PM                              
	SB  52CAPITAL PUNISHMENT FOR MURDER                                          
	SB 242USE OF FIREARM IN COMMISSION OF FELONY                                 
                                                                               
FEB 09                          FRIDAY  1:30 PM                                
	HB 158CIVIL LIABILITY                                                        
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
FEB 01                         THURSDAY  1:30 PM                               
	SB 157SMALL LOANS & RETAIL INSTALLMENT SALES                                 
	SB 186LIMITED LIABILITY PARTNERSHIPS                                         
                    ----------------------------------------                   
                                                                               
                                                                               

1996-01-31                     Senate Journal                      Page 2271
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
JAN 31                         WEDNESDAY  3:30 PM                              
+	SB 199ENVIRONMENTAL & HEALTH/SAFETY AUDITS                                  
	BILLS PREVIOUSLY HEARD, IF NECESSARY                                         
                                                                               
FEB 02                          FRIDAY  3:30 PM                                
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                              FAHRENKAMP ROOM 203                              
JAN 31                        WEDNESDAY  12:20 PM                              
	-- UPON ADJOURNMENT --                                                       
	SB 190RESIDENCY REQUIREMENT/STATE LAND AUCTION                               
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
FEB 01                         THURSDAY  3:30 PM                               
	SB 217INCOME LIMITS FOR LONGEVITY BONUS                                      
+	SB 231TITLE INSURANCE                                                       
	SCR  2REIMBURSEMENT FOR TRAVEL TO CAPITAL CITY                               
                                                                               
FEB 06                          TUESDAY  3:30 PM                               
	SB 222AIDEA OPERATIONS/PROJECTS/LOANS                                        
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
FEB 08                         THURSDAY  3:30 PM                               
	-- LOCATION CHANGE, BUTROVICH ROOM 205 --                                    
	JT MEETING WITH (H) STATE AFFAIRS                                            
+	OVERVIEW: LONG RANGE FINANCIAL PLAN                                         
	..COMMISSION'S FINAL REPORT (OCT. 1995)                                      
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                               BUTROVICH ROOM 205                              
FEB 01                         THURSDAY  1:30 PM                               
	NO MEETING SCHEDULED                                                         
                                                                               
                                                                               

1996-01-31                     Senate Journal                      Page 2272
	                             JOINT COMMITTEES                              
                                                                               
                          LEGISLATIVE BUDGET & AUDIT                         
                               HOUSE FINANCE 519                               
FEB 07                         WEDNESDAY  4:30 PM                              
	JOINT WITH HOUSE/SENATE FINANCE                                              
	SUBCOMMITTEES ON REVENUE                                                     
	..PERMANENT FUND DIVIDEND CORPORATION                                        
	OVERVIEW WITH BOARD OF TRUSTEES                                              
	..WORK-SESSION COMPARING INVESTMENT                                          
	STRATEGIES OF THE STATE'S 3 RETIREMENT                                       
	FUNDS AND THE PERMANENT FUND                                                 
                    ----------------------------------------                   
                                                                               
                             LEGISLATIVE COUNCIL                             
                               BUTROVICH ROOM 205                              
FEB 07                         WEDNESDAY 12:15 PM                              
+	WORK SESSION                                                                
                                                                               
                                OTHER MEETINGS                               
                                                                               
                                JOINT SESSION                                
                                 HOUSE CHAMBER                                 
FEB 15                         THURSDAY 10:30 AM                               
	ADDRESS BY U.S. SENATOR TED STEVENS                                          
                    ----------------------------------------                   
                                                                               
                               MAJORITY CAUCUS                               
                               SPEAKER'S CHAMBER                               
FEB 01                          FRIDAY 11:00 AM                                
	JOINT MAJORITY CAUCUS