Legislature(1995 - 1996)
1996-02-19 Senate Journal
Full Journal pdf1996-02-19 Senate Journal Page 2465 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday Forty-third Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:06 a.m. The roll showed twelve members present. Senator Sharp was excused from a call of the Senate. Senators Donley, Frank, Phillips, Rieger were excused until plane time. Senators Ellis, Halford, Kelly were absent. The prayer was offered by the Chaplain, Senator Leman. Senator Zharoff moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Better a poor man whose walk is blameless than a fool whose lips are perverse. It is not good to have zeal without knowledge, nor to be hasty and miss the way. A man's own folly ruins his life, yet his heart rages against the Lord. Wealth brings many friends, but a poor man's friend deserts him. He who is kind to the poor lends to the Lord, and he will reward him for what he has done. Proverbs 19:1-4, 17 Dear God, In this special time of acknowledgment of Your control over our lives, I ask for Your wisdom as we start another legislative week. Thank You for each Senator -- and for the supporting staff that helps this body function. For those who are not able to be with us today, we ask for traveling safety. Help us to recognize that it is only through application of Your wisdom that we can address the many challenges that we face. In Jesus' name, Amen. 2465 1996-02-19 Senate Journal Page 2466 Senator Torgerson led the Senate in the pledge of allegiance. CERTIFICATION Senator Miller, Acting Majority Leader, moved and asked unanimous consent that the journals for the thirty-ninth, fortieth, forty-first and forty-second legislative days and House and Senate Joint Journal Supplement No. 18 be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE GOVERNOR Letters of February 16 and 19 were read, stating in accordance with AS 39.05.080 and Article III Sections 25 and 26 of the Alaska Constitution, I submit the following names for legislative confirmation of appointment to the positions noted: Board of Fisheries Dan K. Coffey, Esq. - Anchorage Appointed: 02/12/96; Expires: 01/31/99 Grant J. Miller - Sitka Appointed: 02/12/96; Expires: 01/31/99 Virgil L. Umphenour - Fairbanks Appointed: 07/22/94; Reappointed: 02/12/96; Expires: 01/31/99 The appointments were referred to the Resources Committee. Alcoholic Beverage Control Board Joseph J. Thomas, Jr. - Juneau Appointed: 02/14/96; Expires: 01/31/99 The appointment was referred to the Labor and Commerce Committee. The resumes for these appointments have been submitted to the Offices of the Senate Secretary and the Chief Clerk. 1996-02-19 Senate Journal Page 2467 MESSAGES FROM THE HOUSE HB 321 CS FOR HOUSE BILL NO. 321(MLV) BY THE HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS, entitled: An Act placing certain persons employed in response to a disaster in the exempt service. was read the first time and referred to the State Affairs Committee. HB 382 CS FOR HOUSE BILL NO. 382(STA) BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: An Act relating to the Board of Dispensing Opticians; and providing for an effective date. was read the first time and referred to the Labor and Commerce and Finance Committees. HB 404 CS FOR HOUSE BILL NO. 404(STA) BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: An Act relating to the Board of Chiropractic Examiners; and providing for an effective date. was read the first time and referred to the Labor and Commerce and Finance Committees. COMMUNICATIONS The following reports were received and are on file in the Office of the Secretary of the Senate: Alaska Labor Relations Agency, Annual Report from Jan Hart DeYoung, Hearing Examiner, Alaska Labor Relations Agency in accordance with AS 23.05.370(4) 1996-02-19 Senate Journal Page 2468 Directory of Approved Alcoholism and Drug Abuse Programs, July 1995 - 1996 from Karen Perdue, Commissioner, Department of Health and Social Services in accordance with AS 47.37.140(c) Public Employees' Retirement System and Teachers' Retirement System, Comprehensive Annual Financial Report from Anselm Staack, Accounting Services Manager, Division of Retirement and Benefits, Department of Administration in accordance with AS 39.35.020(5) and AS 14.25.030(4) STANDING COMMITTEE REPORTS SB 177 The State Affairs Committee considered SENATE BILL NO. 177 An Act relating to permits to carry concealed handguns and recommended it be replaced with CS FOR SENATE BILL NO. 177(STA) Signing do pass: Senator Sharp, Chair, Senators Leman, Donley. Signing no recommendation: Senator Phillips. Fiscal note for the Committee Substitute published today from Department of Public Safety. Zero fiscal note for the Committee Substitute published today from Department of Law. The bill was referred to the Judiciary Committee. SB 254 The Labor and Commerce Committee considered SENATE BILL NO. 254 An Act relating to expert advisory panels in medical malpractice litigation and the definition of health care provider for medical liability. Signing do pass: Senator Kelly, Chair, Senator Salo. Signing no recommendation: Senator Torgerson. Previous zero fiscal notes. The bill was referred to the Judiciary Committee. 1996-02-19 Senate Journal Page 2469 SB 258 The Labor and Commerce Committee considered SENATE BILL NO. 258 An Act relating to the jurisdiction governing a trust, to challenges to trusts or property transfers in trust, to the validity of trust interests, and to transfers of certain trust interests and recommended it be replaced with CS FOR SENATE BILL NO. 258(L&C) Signing do pass: Senator Kelly, Chair, Senators Torgerson, Salo. Zero fiscal note for the Committee Substitute published today from Department of Commerce and Economic Development. The bill was referred to the Judiciary Committee. SB 69 The Rules Committee considered SENATE BILL NO. 69 An Act relating to hazardous chemicals, hazardous materials, and hazardous waste. Signing to calendar: Senator Miller, Chair, Senators Duncan, Pearce, Sharp, Salo. The bill is on today's calendar. HB 292 The Rules Committee considered CS FOR HOUSE BILL NO. 292(JUD) An Act relating to searches by peace officers who enforce fish and game laws, to false statements and omissions in regard to application for fish and game licenses, tags, and permits, and to nonresident hunters and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 292(RLS), entitled: An Act relating to false statements and omissions in regard to application for fish and game licenses, tags, and permits and to nonresident hunters. (Title change authorized by SENATE CONCURRENT RESOLUTION NO. 21) Signing to calendar: Senator Miller, Chair, Senators Sharp, Salo, Duncan, Pearce. 1996-02-19 Senate Journal Page 2470 HB 292 Zero fiscal note for the Senate Committee Substitute published today from from Department of Public Safety. The bill is on today's calendar. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 300 SENATE BILL NO. 300 BY THE SENATE LABOR AND COMMERCE COMMITTEE, entitled: An Act relating to the Uniform Commercial Code, primarily to investment securities; amending Rule 8(d), Alaska Rules of Civil Procedure; and providing for an effective date. was read the first time and referred to the Labor and Commerce Committee. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 69 SENATE BILL NO. 69 An Act relating to hazardous chemicals, hazardous materials, and hazardous waste was read the second time. Senator Leman moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 839. Without objection, CS FOR SENATE BILL NO. 69(RES) was adopted and read the second time. CS FOR SENATE BILL NO. 69(RES) will appear on the February 21 calendar. The presence of Senator Ellis was noted. 1996-02-19 Senate Journal Page 2471 SECOND READING OF HOUSE BILLS HB 292 CS FOR HOUSE BILL NO. 292(JUD) An Act relating to searches by peace officers who enforce fish and game laws, to false statements and omissions in regard to application for fish and game licenses, tags, and permits, and to nonresident hunters was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 2469. Senator Adams objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 292(RLS) An Act relating to false statements and omissions in regard to application for fish and game licenses, tags, and permits and to nonresident hunters was adopted and read the second time. SENATE CS FOR CS FOR HOUSE BILL NO. 292(RLS) will appear on the February 21 calendar. CITATIONS In Memoriam - Mary Anastasia Hofseth Senator(s) Hoffman, Duncan, Zharoff, Donley, Taylor In Memoriam - Richard L. Silberer Senator(s) Leman, Pearce, Duncan, Zharoff, Donley, Green, Rieger, Taylor Representative(s) Toohey Senator Miller, Acting Majority Leader, 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 Senator Ellis moved and asked unanimous consent that he be excused from a call of the Senate on February 28 and March 6. Without objection, Senator Ellis was excused. 1996-02-19 Senate Journal Page 2472 ANNOUNCEMENTS Announcements are at the end of the journal. ADJOURNMENT Senator Miller, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in adjournment until 10:45 a.m., February 21, 1996. Without objection, the Senate adjourned at 11:27 a.m. Nancy Quinto Secretary of the Senate February 1996 1996-02-19 Senate Journal Page 2473 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 FEB 19 MONDAY 1:30 PM <BELOW BILL PREVIOUSLY HEARD> + SB 206WELFARE REFORM BILLS PREVIOUSLY HEARD FEB 21 WEDNESDAY 1:30 PM <BILLS BELOW HAVE BEEN PREVIOUSLY HEARD> + SB 20ALASKA MUNICIPAL BASIC SERVICES PROGRAM + SB 207REVENUE BONDS: WATER & WASTE PROJECTS + SB 229STATE TRAINING & EMPLOYMENT PROGRAM BILLS PREVIOUSLY HEARD FEB 23 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 FEB 20 TUESDAY 9:00 AM HB 127120-DAY JAIL: ASSAULT ON OFFICERS SB 175NO FRILLS PRISON ACT BILLS PREVIOUSLY HEARD FEB 21 WEDNESDAY 9:00 AM SB 157SMALL LOANS & RETAIL INSTALLMENT SALES SB 168FINANCIAL INSTITUTIONS SB 239TELEPHONE SOLICITATIONS/ADS/DIRECTORIES BILLS PREVIOUSLY HEARD 1996-02-19 Senate Journal Page 2474 FINANCE CONTINUED FEB 22 THURSDAY 9:00 AM SJR 31VOTER APPROVAL:AK STATEHOOD ACT AMENDMENT HB 42ABSENTEE VOTING & USE OF FAX SB 134ATWOOD CHAIR OF JOURNALISM AT U OF AA BILLS PREVIOUSLY HEARD ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 FEB 19 MONDAY 9:00 AM NO MEETING SCHEDULED FEB 21 WEDNESDAY 9:00 AM CONFIRMATION HEARING OF GOVERNOR'S APPOINTMENT: STATE BOARD OF EDUCATION, SUSAN STITHAM <JT MEETING WITH (H) HES ON ABOVE ISSUE> + SB 156MANDATORY MEDIATION:CHILD CUSTODY ISSUES SB 185IMMUNIZATION RECORD UPON CHILD'S DEATH BILLS PREVIOUSLY HEARD FEB 23 FRIDAY 9:00 AM HB 104DISCLOSURE OF JUVENILE RECORDS BILLS PREVIOUSLY HEARD ---------------------------------------- JUDICIARY BELTZ ROOM 211 FEB 19 MONDAY 1:30 PM HB 158CIVIL LIABILITY FEB 21 WEDNESDAY 1:00 PM -LOCATION CHANGE TO SENATE FINANCE RM 532- + JOINT WITH (H) JUDICIARY - VENETIE CASE FEB 23 FRIDAY 4:00 PM -- NOTE LOCATION CHANGE TO ANCHORAGE LIO -- + SB 177CONCEALED HANDGUN PERMIT AMENDMENTS + SB 194GANG RELATED CRIMES ---------------------------------------- 1996-02-19 Senate Journal Page 2475 LABOR & COMMERCE FAHRENKAMP RM 203 FEB 20 TUESDAY 1:30 PM + SB 43ARCHITECTS, ENGINEERS, LAND SURVEYORS + SB 119MANDATORY MEDIATION/DESIGN PROF LAWSUITS + SB 202ARCHITECTS/ENGINEERS/LAND SURVEYORS BILLS PREVIOUSLY HEARD FEB 22 THURSDAY 1:30 PM SB 261UNEMPLOYMENT COMPENSATION SB 276CALCULATION OF UNEMPLOYMT INS BENEFITS BILLS PREVIOUSLY HEARD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 FEB 19 MONDAY 3:30 PM + SB 257TAKING FISH OR GAME FOR PUBLIC SAFETY + SB 278CREDITS AGAINST FEES AT ST HISTORICAL PKS BILLS PREVIOUSLY HEARD FEB 21 WEDNESDAY 3:30 PM + SB 180VALUE-ADDED TIMBER SALES; MARKETING + SB 198HOMER AIRPORT CRITICAL HAB. AREA BILLS PREVIOUSLY HEARD FEB 23 FRIDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP RM 203 FEB 19 MONDAY 11:35 AM SB 162AGRICULTURAL LAND SB 250UNIV. OF ALASKA: LAND GRANT & ASSETS HB 38SENTENCING;3RD SERIOUS FELONY OFFENDER ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 FEB 20 TUESDAY 3:30 PM NO MEETING SCHEDULED 1996-02-19 Senate Journal Page 2476 STATE AFFAIRS CONTINUED FEB 22 THURSDAY 3:30 PM HB 58CHICKALOON FLATS CRITICAL HABITAT AREA HB 90CONVENING LEGISLATURE AFTER GOV ELECTION SB 266CREAMER'S FIELD GOOSE CLASSIC SCR 22UNIFORM RULES/HOURS OF DAILY SESSION SJR 24CHANGE TIMING OF VETO OVERRIDE BILLS PREVIOUSLY HEARD ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 FEB 20 TUESDAY 1:30 PM OVERVIEW OF THE THREE YEAR STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) COMMISSIONER JOSEPH L. PERKINS DEPT. OF TRANSPORTATION & PUBLIC FACILITIES FEB 22 THURSDAY 1:30 PM SB 196NAMING FERRY VESSEL KONIAG + HB 57LICENSING REQUIREMENTS FOR DRIVERS FINANCE SUBCOMMITTEES ADMINISTRATION BELTZ ROOM 211 FEB 21 WEDNESDAY 3:30 PM OVERVIEW OF FOLLOWING: OFFICE OF PUBLIC ADVOCACY PUBLIC DEFENDER ALASKA OFFICES COMMISSION ---------------------------------------- COMMERCE & ECONOMIC DEVELOPMENT FAHRENKAMP RM 203 FEB 23 FRIDAY 1:30 PM TRADE & DEVELOPMENT AK SEAFOOD MARKETING INSTITUTE + AK SCIENCE & TECH. FOUNDATION + AK AEROSPACE DEVELOPMENT ---------------------------------------- 1996-02-19 Senate Journal Page 2477 FINANCE SUBCOMMITTEES CONTINUED COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 FEB 20 TUESDAY 8:00 AM JT WITH (H) FINANCE SUBCOMMITTEE DEPT. OF COMMUNITY & REGIONAL AFFAIRS FEB 22 THURSDAY 8:00 AM JT WITH (H) FINANCE SUBCOMMITTEE DEPT. OF COMMUNITY & REGIONAL AFFAIRS ---------------------------------------- CORRECTIONS SENATE FINANCE 532 FEB 19 MONDAY 1:30 PM BRU'S: ADMINISTRATION AND SUPPORT STATEWIDE OPERATIONS PART 1: - INMATE HEALTH CARE - INMATE PROGRAMS - CORRECTIONAL INDUSTRIES ADMINISTRATION - CORRECTIONAL INDUSTRIES PRODUCT COSTS FEB 26 MONDAY 1:30 PM BRU'S: STATEWIDE OPERATIONS PART 2: - CORRECTIONAL CENTERS ...OUT-OF-STATE CONTRACTUAL ...ANVIL MOUNTAIN CORRECTIONAL CENTER ...COMBINED HILAND MT. CORRECTIONAL CENTER ...COOK INLET CORRECTIONAL CENTER ...FAIRBANKS CORRECTIONAL CENTER ...KETCHIKAN CORRECTIONAL CENTER ...LEMON CREEK CORRECTIONAL CENTER ---------------------------------------- EDUCATION SENATE FINANCE 532 FEB 19 MONDAY 2:30 PM ********CANCELLED******** BUDGET COMPONENTS OF K-12 SUPPORT -SCHOOL FOUNDATION FUNDING PROGRAM -BASIC NEEDS ANALYSIS -STATE FOUNDATION AID ANALYSIS 1996-02-19 Senate Journal Page 2478 FINANCE SUBCOMMITTEES CONTINUED EDUCATION CONTINUED FEB 20 TUESDAY 2:00 PM FOUNDATION FORMULA (CONTINUED) - TABLE OF INSTRUCTIONAL UNITS ...VOCATIONAL EDUCATION ...SPECIAL EDUCATION ...BILINGUAL EDUCATION DISPARITY TEST SUPPLEMENTAL EQUALIZATION FEB 22 THURSDAY 2:00 PM BUDGET COMPONENTS OF: K-12 SUPPORT (CONTINUED) - DISTRICT SUPPORT - CIGARETTE TAX - HANDICAP SCHOOLS - PUPIL TRANSPORTATION - CHILD NUTRITION - COMMUNITY SCHOOLS FEB 29 THURSDAY 2:00 PM BRU'S: - TEACHING & LEARNING SUPPORT - EXECUTIVE ADMINISTRATION - SCHOOL FINANCE ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 532 FEB 23 FRIDAY 9:00 AM AIR AND WATER CLEAR AIR FUND MAR 01 FRIDAY 9:00 AM ENVIRONMENTAL HEALTH BRU ---------------------------------------- NATURAL RESOURCES SENATE FINANCE 532 FEB 20 TUESDAY 3:30 PM AGRICULTURAL DEVELOPMENT PARKS MANAGEMENT STATE HISTORIC PRESERVATION 1996-02-19 Senate Journal Page 2479 FINANCE SUBCOMMITTEES CONTINUED NATURAL RESOURCES CONTINUED FEB 27 TUESDAY 3:30 PM LAND DEVELOPMENT MENTAL HEALTH LANDS ADMINISTRATION FOREST MANAGEMENT AND DEVELOPMENT FIRE SUPPRESSION ---------------------------------------- REVENUE BELTZ RM 211 FEB 26 MONDAY 3:30 PM PERMANENT FUND DIVIDEND DIVISION COMMISSIONER'S OFFICE/ADMIN. SERV. DIV. TREASURY DIVISION/AK STATE ..PENSION INVESTMENT BOARD FEB 28 WEDNESDAY 3:30 PM CHILD SUPPORT ENFORCEMENT DIVISION + ALCOHOLIC BEVERAGE CONTROL BOARD JOINT COMMITTEES CONFERENCE COMMITTEE ON SB 123 SPEAKER'S CHAMBER FEB 19 MONDAY 3:00 PM SB 123POSTSECONDARY EDUCATION PROGRAMS (FREE CONFERENCE COMMITTEE) ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS BELTZ ROOM 211 FEB 20 TUESDAY 12:30 PM + 1. ADVISORY OPINION 96-04: MAY LEGISLATIVE EMPLOYEES ENGAGE IN FUNDRAISING ACTIVITIES FOR THE EXPENSES OF HOSTING A MEETING OF THE EXECUTIVE COMMITTEE OF THE NATIONAL CONFERENCE OF STATE LEGISLATURES? 2. ADVISORY OPINION 96-03: MAY A LEGISLATIVE EMPLOYEE ACCEPT A DISCOUNT FROM A LOCAL BUSINESS? 1996-02-19 Senate Journal Page 2480 OTHER MEETINGS CHILDREN'S CAUCUS BUTROVICH ROOM 205 FEB 20 TUESDAY 12:00 PM PRESENTATION: LEGISLATIVE PRIORITIES OF KIDPAC BY LEAH BURTON ---------------------------------------- JOINT SESSION HOUSE CHAMBER FEB 21 WEDNESDAY 11:00 AM STATE OF THE JUDICIARY BY SUPREME COURT CHIEF JUSTICE ALLEN COMPTON ---------------------------------------- TELECOMMUNICATIONS INFORMATION COUNCIL BUTROVICH RM 205 FEB 20 TUESDAY 7:30 AM FEDERAL TELECOMMUNICATIONS BILL BRIEFING ARRANGED BY LT. GOV. FRAN ULMER. PRESENTED BY EARL COMSTOCK WITH SEN. STEVENS' OFFICE AND JOHN KATZ OF THE GOVERNOR'S OFFICE. (ON TELECONFERENCE) GOVERNOR'S CABINET AND CAPITOL PRESS CORPS WILL BE IN ATTENDANCE ---------------------------------------- JT TASK FORCE ON INTERNATIONAL TRADE HOUSE FINANCE 519 FEB 21 WEDNESDAY 4:00 PM DISCUSSION OF INTERNATIONAL TRADE RECOMMENDATIONS TO BE MADE BY TASK FORCE