Legislature(1995 - 1996)
1996-03-27 Senate Journal
Full Journal pdf1996-03-27 Senate Journal Page 2919 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Wednesday Eightieth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:19 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Lt. Hank Derka of the Salvation Army. Senator Zharoff moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Lord in Heaven, grace and honor be unto You. Gracious Lord, we thank You for the beauty that You give us. We honor You for the wisdom You grant us. Now Lord, bestow upon us the knowledge to confront the work day ahead, the patience to stand fast against the task at hand, the courage to speak out against those things which we see improper, the wisdom to know the difference and the stamina to stand behind the decisions we make here today. Lord, we ask You to be with our families and those who support us. We would not be able to accomplish our task without their strength. Bless them and keep us all in good health. In the name of the Father, the Son, and the Holy Spirit. In Christ Jesus name, Amen. Senator Frank led the Senate in the pledge of allegiance. 2919 1996-03-27 Senate Journal Page 2920 CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the seventy-ninth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Message of March 26 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 479 CS FOR HOUSE BILL NO. 479(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: An Act relating to civil liability for injuries or death resulting from equine activities. was read the first time and referred to the Judiciary Committee. HB 539 HOUSE BILL NO. 539 BY THE HOUSE RESOURCES COMMITTEE, entitled: An Act changing the name of the Alaska Soil and Water Conservation Board. was read the first time and referred to the Resources Committee. HB 540 HOUSE BILL NO. 540 am BY THE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: An Act relating to health care data and registration of births. was read the first time and referred to the Health, Education and Social Services Committee. 1996-03-27 Senate Journal Page 2921 STANDING COMMITTEE REPORTS SJR 25 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 25 Proposing an amendment to the Constitution of the State of Alaska limiting the rights of prisoners to those required under the Constitution of the United States. Signing do pass: Senator Sharp, Chair, Senators Leman, Phillips, Duncan, Donley. Zero fiscal notes published today from Department of Corrections, Department of Law. The resolution was referred to the Judiciary Committee. SB 112 The Finance Committee considered SENATE BILL NO. 112 An Act establishing a discovery royalty credit for the lessees of state land drilling exploratory wells and making the first discovery of oil or gas in commercial quantities and recommended that the Resources Committee Substitute offered on page 2802 be adopted. Signing do pass: Senators Frank, Halford, Cochairs, Senators Donley, Zharoff, Sharp. Signing no recommendation: Senators Rieger, Phillips. Previous fiscal note applies. The bill was referred to the Rules Committee. SB 163 The Finance Committee considered SENATE BILL NO. 163 An Act approving the University of Alaska's plans to enter into long- term obligations to borrow money from the Alaska Housing Finance Corporation for the acquisition of student housing facilities; and providing for an effective date and recommended it be replaced with 1996-03-27 Senate Journal Page 2922 SB 163 CS FOR SENATE BILL NO. 163(FIN), entitled: An Act approving the University of Alaska's plans to enter into long-term obligations with the Alaska Housing Finance Corporation to borrow money from the corporation for the construction of new student housing facilities, and authorizing the Alaska Housing Finance Corporation to issue its debt obligations and to make loans to the University of Alaska to finance construction of those student housing facilities; and providing for an effective date. Signing do pass: Senator Halford, Cochair, Senators Rieger, Donley. Signing no recommendation: Senator Frank, Cochair, Senators Phillips, Zharoff, Sharp. Fiscal note for the committee substitute published today from University of Alaska. Previous zero fiscal note applies to the committee substitute. The bill was referred to the Rules Committee. SB 177 Forthcoming Finance Committee Substitute for SENATE BILL NO. 177 An Act relating to permits to carry concealed handguns (page 2899) received today: CS FOR SENATE BILL NO. 177(FIN), entitled: An Act relating to permits to carry concealed handguns; and relating to possession of firearms on state ferries. SB 215 The Health, Education and Social Services Committee considered SENATE BILL NO. 215 An Act streamlining the functions of state government, including authorizing the commissioner of fish and game to award grants for certain resource activities; allowing agents selling fish and game licenses and tags to retain certain compensation; authorizing the Department of Health and Social Services to award grants for certain services for developmentally delayed or disabled 1996-03-27 Senate Journal Page 2923 SB 215 children; relating to rabies control and administration of flour and bread standards by the Department of Environmental Conservation; repealing the Athletic Commission, the regulation of boxing and wrestling, the certification of professional geologists, and the Water Resources Board; repealing certain filing statements and bonds for enforcement and collection of certain taxes; and providing for an effective date and recommended that the Resources Committee Substitute offered on page 2804 be adopted. Signing no recommendation: Senator Green, Chair, Senators Miller, Leman. Signing do pass: Senators Ellis, Salo. Previous fiscal notes and zero fiscal notes. The bill was referred to the Labor and Commerce Committee. SB 273 The State Affairs Committee considered SENATE BILL NO. 273 An Act relating to Native handicrafts and other articles made in the state. Signing no recommendation: Senator Sharp, Chair, Senators Donley, Phillips. Signing do pass: Senators Duncan, Leman. Fiscal note published today from Department of Commerce and Economic Development. Zero fiscal notes published today from Department of Law, Department of Community and Regional Affairs. The bill was referred to the Labor and Commerce Committee. HJR 62 The Labor and Commerce Committee considered HOUSE JOINT RESOLUTION NO. 62 Requesting the federal government to purchase surplus 1995 Alaska canned pink salmon. Signing do pass: Senator Kelly, Chair, Senators Miller, Torgerson, Duncan, Salo. Previous House zero fiscal note. The resolution was referred to the Rules Committee. 1996-03-27 Senate Journal Page 2924 HB 226 The Judiciary Committee considered CS FOR HOUSE BILL NO. 226(FIN) am An Act permitting the provision of different retirement and health benefits to certain employees by differentiating between benefits provided to employees with spouses or children and to other employees and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 226(JUD) Signing do pass: Senator Taylor, Chair, Senators Green, Miller. Signing do not pass: Senator Ellis. Signing no recommendation: Senator Adams. Fiscal note information forthcoming. The bill was referred to the Rules Committee. HB 502 The Labor and Commerce Committee considered HOUSE BILL NO. 502 An Act relating to the auctioning of real estate. Signing do pass: Senator Kelly, Chair, Senators Miller, Torgerson, Duncan, Salo. Previous House zero fiscal note. The bill was referred to the Rules Committee. SB 308 The Rules Committee considered SENATE BILL NO. 308 An Act clarifying a statute relating to persons who may legally marry; relating to same-sex marriages; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Signing no recommendation: Senators Duncan, Salo. The bill is on today's calendar. SB 312 The Rules Committee considered SENATE BILL NO. 312 An Act relating to purchase of an alcoholic beverage from a package store. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. Signing no recommendation: Senator Duncan. 1996-03-27 Senate Journal Page 2925 SB 312 The bill is on today's calendar. HB 179 The Rules Committee considered CS FOR HOUSE BILL NO. 179(FSH) An Act relating to the commissioner of education and the commissioner of fish and game; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. The bill is on today's calendar. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 308 SENATE BILL NO. 308 An Act clarifying a statute relating to persons who may legally marry; relating to same-sex marriages; and providing for an effective date was read the second time. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Adams objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: SB 308 Advance from Second to Third Reading? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, the bill was not advanced to third reading. SENATE BILL NO. 308 will appear on the March 28 calendar. 1996-03-27 Senate Journal Page 2926 SB 312 SENATE BILL NO. 312 An Act relating to purchase of an alcoholic beverage from a package store was read the second time. Senator Donley moved and asked unanimous consent that the bill be held in second reading to the March 28 calendar. Senator Sharp objected, then withdrew his objection. There being no further objections, it was so ordered. SENATE BILL NO. 312 will appear in second reading on the March 28 calendar. SECOND READING OF HOUSE BILLS HB 179 CS FOR HOUSE BILL NO. 179(FSH) An Act relating to the commissioner of education and the commissioner of fish and game; and providing for an effective date was read the second time. Senator Halford moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 179(FSH) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 179(FSH) An Act relating to the commissioner of education and the commissioner of fish and game; and providing for an effective date pass the Senate? The roll was taken with the following result: CSHB 179(FSH) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, CS FOR HOUSE BILL NO. 179(FSH) passed the Senate. 1996-03-27 Senate Journal Page 2927 HB 179 Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. CITATIONS Recognizing - Tartan Day, April 6, 1996 Representative(s) Parnell Senator(s) Green, Pearce, Taylor, Duncan, Halford, Zharoff, Kelly, Frank Commemorating - The National Day of Prayer, May 2, 1996 Representative(s) Parnell, Ogan, Kelly, Kohring Senator(s) Miller, Green, Lincoln, Pearce, Taylor, Duncan, Halford, R. Phillips, Zharoff, Leman, Kelly, Hoffman, Frank Honoring - Charleign Ryals Representative(s) Vezey Senator(s) Sharp, Miller, Frank, Green, Lincoln, Pearce, Taylor, Duncan, Halford, Zharoff, Leman, Rieger, Kelly, Hoffman In Memoriam - Tim Ryals Representative(s) Vezey Senator(s) Sharp, Miller, Frank, Green, Lincoln, Pearce, Taylor, Duncan, Halford, Zharoff, Leman, Rieger, Kelly, Hoffman In Memoriam - Rose G. Woodward Senator(s) Green, Lincoln, Pearce, Taylor, Duncan, Halford, Zharoff, Leman, Kelly, Hoffman, Frank 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. 1996-03-27 Senate Journal Page 2928 UNFINISHED BUSINESS SB 287 Senator Hoffman moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 287 An Act relating to the unincorporated community capital project matching grant program; and providing for an effective date. Without objection, it was so ordered. SB 286 Senator Sharp, Chair, moved and asked unanimous consent that the State Affairs Committee referral be waived on SENATE BILL NO. 286 An Act making an appropriation from the earnings reserve account to the principal of the permanent fund; making an appropriation from the budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska, to the principal of the permanent fund; and providing for an effective date. Without objection, the bill was referred to the Health, Education and Social Services Committee. SB 280 Senator Sharp, Chair, moved and asked unanimous consent that the State Affairs Committee referral be waived on SENATE BILL NO. 280 An Act relating to the mandatory incorporation of certain boroughs in the unorganized borough. Senator Adams objected. The question being: Shall the State Affairs Committee referral be waived? The roll was taken with the following result: SB 280 Waive from STA Committee YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, the State Affairs Committee referral was waived. SENATE BILL NO. 280 was referred to the Finance Committee. 1996-03-27 Senate Journal Page 2929 ANNOUNCEMENTS Announcements are at the end of the journal. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 28, 1996. Without objection, the Senate adjourned at 12:01 p.m. Nancy Quinto Secretary of the Senate March 1996 1996-03-27 Senate Journal Page 2930 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 MAR 27 WEDNESDAY 1:30 PM NO MEETING SCHEDULED MAR 29 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 MAR 27 WEDNESDAY 9:00 AM SB 244CALCULATION OF STATE AID TO EDUCATION SB 230LEG APPROVE PERM'NT RECREAT'NL RESTRICT'N SB 259NO SUNSET FOR COMMISSION ON AGING SB 289MISC. LAWS RELATING TO RUNAWAY MINORS SB 303MANAGEMENT OF CONSTIT BUDGET RESERVE FUND SJR 30USE OF BUDGET RESERVE FUND BILLS PREVIOUSLY HEARD MAR 27 WEDNESDAY 1:30 PM CONTINUATION OF 9:00 A.M. MEETING MAR 28 THURSDAY 9:00 AM SB 253INSURANCE FOR PROSTATE CANCER TESTING SB 198HOMER AIRPORT CRITICAL HAB. AREA SB 51DISPOSITION OF PERMANENT FUND INCOME BILLS PREVIOUSLY HEARD OR SCHEDULED 1996-03-27 Senate Journal Page 2931 FINANCE CONTINUED MAR 29 FRIDAY 9:00 AM SB 265RECEIPTS OF TEST FISHING OPERATIONS BILLS PREVIOUSLY HEARD OR SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 27 WEDNESDAY 9:00 AM PRESENTATIONS BY: ELAINE GRIFFIN (1995 NAT'L TEACHER OF YEAR) BARBARA JEAN RENOUX (1996 AK TEACHER OF YEAR) --JT WITH (H) HES ON ABOVE ISSUE -- SB 215OMNIBUS STATE AGENCY OPERATIONS & PROGRAM MAR 29 FRIDAY 9:00 AM BILLS PREVIOUSLY HEARD SB 301POSTSECONDARY EDUCATION ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAR 27 WEDNESDAY 1:30 PM BILLS PREVIOUSLY HEARD + SB 272SMALL CLAIMS CT JURISDICTION & PROCEDURE + HB 446NUISANCE INJUNCTION BY HOME RULE MUNI + HB 57LICENSING REQUIREMENTS FOR DRIVERS + HB 459TRUSTS & PROPERTY TRANSFERS IN TRUST MAR 29 FRIDAY 1:30 PM BILLS PREVIOUSLY HEARD + SB 186LIMITED LIABILITY PARTNERSHIPS + HB 308UNIFORM PROBATE CODE REVISIONS + HB 75VEHICLE THEFT AND JOYRIDING + HB 25CRIMINAL DISCOVERY RULES ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAR 28 THURSDAY 1:30 PM + SB 282REGULATION OF MANAGED CARE INS. PLANS + SB 288ALASKA HEALTH PURCHASING ALLIANCE BILLS PREVIOUSLY HEARD ---------------------------------------- 1996-03-27 Senate Journal Page 2932 RESOURCES BUTROVICH ROOM 205 MAR 27 WEDNESDAY 3:30 PM + HJR 58REFORM THE ENDANGERED SPECIES ACT + HJR 59NPDES PERMIT FOR COOK INLET OIL & GAS + SB 42LIMITED ENTRY & UNITS OF GEAR BILLS PREVIOUSLY HEARD MAR 29 FRIDAY 3:30 PM + SB 307DUDE CREEK HABITAT AREA LAND EXCHANGE + SB 311MARINE SAFETY EDUCATION PROGRAMS + HB 539NAME CHANGE FOR SOIL AND WATER BOARD BILLS PREVIOUSLY HEARD MAR 30 SATURDAY 9:30 AM -- LOCATION CHANGE TO KETCHIKAN LIO -- + SB 285DISCRETE SALMON STOCK MANAGMNT & ASSESSMT + SB 192TRANSFER OF TONGASS NATL FOREST TO STATE + HB 265EXPORT OF DUNGENESS CRAB + AWRTA LAWSUIT UPDATE ---------------------------------------- RULES FAHRENKAMP RM 203 MAR 27 WEDNESDAY 12:02 PM SB 20ALASKA MUNICIPAL BASIC SERVICES PROGRAM SB 177CONCEALED HANDGUN PERMIT AMENDMENTS SB 181PROHIBITED HIGHWAY ADVERTISING SB 211VULNERABLE PEOPLE:NEGLECT/SUPPORT/ASSAULT HJR 62FED PURCHASE SURPLUS `95 CANNED SALMON HB 226BENEFIT DISCRIM BASED ON SPOUSE OR KIDS HB 502CONDUCTING AUCTIONS OF REAL PROPERTY ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAR 28 THURSDAY 3:30 PM + HB 211VOTER REGISTRATION & ELECTIONS + SB 182ELECTIONS ADMINISTRATION & VOTER REG'N SB 203TASK FORCE ON RECYCLING INDUSTRIES + SB 314RESTAURANT LIQUOR LICENSE OWNERSHIP BILLS PREVIOUSLY SCHEDULED ---------------------------------------- 1996-03-27 Senate Journal Page 2933 TRANSPORTATION BUTROVICH ROOM 205 MAR 28 THURSDAY 1:30 PM + SB 315ALASKA RAILROAD PROCUREMENT HB 210PRIVATE MOTOR VEHICLE LICENSING/TESTING HB 411MOUNTAIN VIEW ROAD - GUSTAVUS FINANCE SUBCOMMITTEES ADMINISTRATION BELTZ ROOM 211 MAR 27 WEDNESDAY 3:30 PM DEPARTMENT OF ADMINISTRATION - OVERVIEW OF PROGRAMS ---------------------------------------- HEALTH & SOCIAL SERVICES SENATE FINANCE 532 MAR 28 THURSDAY 4:00 PM HEALTH & SOCIAL SERVICES (CON'T.) DIV. OF MENTAL HEALTH & DD SERVICES DIV. OF ADMINISTRATIVE SERVICES ADDITIONAL DISCUSSION, AS REQUIRED: DIV. OF PUBLIC ASSISTANCE DIV. OF MEDICAL ASSISTANCE DIV. OF FAMILY & YOUTH SERVICES DIV. OF PUBLIC HEALTH DIV. OF ALCOHOL & DRUG ABUSE SB 214APPROPRIATIONS FOR MENTAL HEALTH OTHER MEETINGS MAJORITY CAUCUS BUTROVICH RM 205 MAR 27 WEDNESDAY 5:00 PM MAJORITY CAUCUS