Legislature(1995 - 1996)
1996-06-04 Senate Journal
Full Journal pdf1996-06-04 Senate Journal Page 4265 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE FIRST SPECIAL SESSION Juneau, Alaska Tuesday Twenty-eighth Day Pursuant to adjournment the Senate was called to order by President Pearce at 6:52 p.m. The roll showed eighteen members present. Senators Ellis, Frank were absent. The prayer was offered by the Chaplain, President Pearce. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear God, we ask You to be with the people valiantly fighting the various fires throughout the state. Keep them safe from harm in their courageous effort. Also, help those who have lost their homes and property to understand and rise above their material losses. We ask Your divine guidance in our affairs of state. We ask You to give us the courage of our convictions. We ask You to give us the wisdom that is Yours. In Your Name, Amen. Senator Halford led the Senate in the pledge of allegiance. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the twenty-seventh legislative day of the First Special Session of the Nineteenth State Legislature be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Ellis was noted. 4265 1996-06-04 Senate Journal Page 4266 MESSAGES FROM THE GOVERNOR Letter of June 4 was received, stating: Dear President Pearce and Speaker Phillips: Enclosed is a copy of the declaration of disaster emergency that I signed today for the Matanuska Susitna Borough and the City of Houston wildland fires. This is in response to the extensive damage being done to homes, utilities, recreational facilities, businesses, as well as surrounding lands. I have also attached a request for $9 million in additional general funds and $5 million in federal receipt authority for fiscal year 1996 for wildland fire fighting and necessary cleanup. The request for additional funds is only an estimate since damage assessment cannot take place until the fire is under control. This amount may not be sufficient to cover fire suppression activities if this fire remains out of control or other fires occur, nor if there is more extensive damage to homes and properties than originally estimated. Because of the uncertainty related to the amount needed for these fires, I am requesting these funds be made available into fiscal year 1997 to address continuing fire and disaster activities. I will continue to keep you apprised of the ongoing situation. Sincerely, /s/ Tony Knowles Governor DECLARATION OF DISASTER EMERGENCY WHEREAS, the Matanuska-Susitna Borough and the City of Houston, are both second class municipalities; and, WHEREAS, beginning on May 8, 1996, extensive wildland fires within the area have caused threats to life and property and extensive damages exceed the capabilities of local government resources for timely response and restoration; and, 1996-06-04 Senate Journal Page 4267 WHEREAS, the severity and magnitude of the emergency is beyond the timely and effective response capability of local resources; and, WHEREAS, there are insufficient regularly appropriated funds to cover these requirements; and, NOW THEREFORE, on this 4th day of June, 1996, under the authority granted by the Alaska Statutes, Section 26.23.020, I hereby declare that a condition of disaster exists in the Matanuska-Susitna Borough and the City of Houston, and that this condition is of sufficient severity and magnitude to warrant a disaster declaration in order to provide assistance. FURTHER, the director, Alaska Division of Emergency Services (ADES), is hereby authorized to utilize funds made available for these purposes which are considered necessary for disaster assistance, and necessary administrative and disaster management expenses. The director of ADES is the designated state coordinating officer; and, is further authorized to task, as necessary, the state departments and agencies in accordance with the State Emergency Plans; and, is further authorized to exercise, as necessary, the provisions provided under Alaska Statutes, Section 26.23.020 (g). /s/ Tony Knowles Governor STANDING COMMITTEE REPORTS SB 1003 The Finance Committee considered SENATE BILL NO. 1003 An Act relating to public employees and recommended it be replaced with CS FOR SENATE BILL NO. 1003(FIN), entitled: An Act relating to public employee compensation, benefits, and labor relations; relating to salaries, geographic and cost-of-living differentials for certain state employees, and to salary surveys and preparation of an annual pay schedule regarding certain state employees; relating to retirement and early retirement incentives for 1996-06-04 Senate Journal Page 4268 SB 1003 certain public employees; relating to pay and benefit programs for public employees; relating to and making conforming amendments concerning certain state aid calculations formerly based on geographic differentials for state employee salaries; and providing for an effective date. Signing do pass: Senators Frank, Halford, Cochairs, Senators Rieger, Phillips, Sharp. Signing do not pass, use separate bills: Senators Zharoff, Donley. The bill was referred to the Rules Committee. SB 1005 The Finance Committee considered SENATE BILL NO. 1005 An Act making, amending, and repealing appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 1005(FIN) An Act making and amending appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; providing for an effective date for versions of HB 412 and SB 136 that were passed by the Nineteenth Alaska State Legislature; and providing for an effective date. Signing do pass: Senators Frank, Halford, Cochairs, Senators Phillips, Sharp. Signing no recommendation: Senators Rieger, Donley, Zharoff. The bill was referred to the Rules Committee. 1996-06-04 Senate Journal Page 4269 SB 1009 The State Affairs Committee considered SENATE BILL NO. 1009 An Act relating to the definition of program receipts; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 1009(STA) Signing do pass: Senator Sharp, Chair, Senators Phillips, Leman. Signing no recommendation: Senators Duncan, Donley. Previous fiscal note applies to the Committee Substitute. The bill was referred to the Rules Committee. SB 1010 The Labor and Commerce Committee considered SENATE BILL NO. 1010 An Act relating to motor vehicle records and hearings of the Department of Public Safety; increasing the period under which a person may drive a motor vehicle under a temporary permit; relating to ownership of certain abandoned motor vehicles; relating to suspension or revocation of a motor vehicle registration or special permit; relating to renewal of a driver's license by mail; relating to procedures applicable to administrative revocation of a driver's license; relating to commercial driver training schools; increasing the property damage amounts for proof of financial responsibility and proof of motor vehicle eligibility in order to lawfully operate a motor vehicle in the state; amending the definition of `commercial motor vehicle'; relating to prohibited operation of a commercial motor vehicle and to disqualification from driving a commercial motor vehicle; relating to certain notifications in accidents involving property damage; relating to motor vehicle registration procedures; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 1010(L&C) Signing do pass: Senator Kelly, Chair, Senators Miller, Torgerson, Salo. Signing no recommendation: Senator Duncan. Previous zero fiscal notes apply to the Committee Substitute. The bill was referred to the Rules Committee. 1996-06-04 Senate Journal Page 4270 SB 1011 The Judiciary Committee considered SENATE BILL NO. 1011 An Act relating to transportation of public school students; relating to school construction grants; relating to state foundation aid and supplementary state aid for education; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 1011(JUD) An Act relating to state foundation aid and supplementary state aid for education; and providing for an effective date. Signing no recommendation: Senator Taylor, Chair. Signing do pass: Senators Green, Miller, Adams. Previous fiscal note applies to the Committee Substitute. The bill was referred to the Rules Committee. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 6:58 p.m. AFTER RECESS The Senate reconvened at 11:16 p.m. The presence of Senator Frank was noted. STANDING COMMITTEE REPORTS CONTINUED SB 1003 The Rules Committee considered SENATE BILL NO. 1003 An Act relating to public employees. Signing to calendar: Senator Miller, Chair, Senator Pearce. Signing to calendar and do pass: Senator Sharp. Signing do not calendar, do not pass: Senator Duncan. Signing do not pass without amendment: Senator Salo. The bill is on today's calendar. 1996-06-04 Senate Journal Page 4271 SB 1005 The Rules Committee considered SENATE BILL NO. 1005 An Act making, amending, and repealing appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senator Pearce. Signing to calendar and do pass: Senator Sharp. Signing needs amendment before passage: Senator Duncan. Signing under other recommendations: Senator Salo. The bill is on today's calendar. SB 1009 The Rules Committee considered SENATE BILL NO. 1009 An Act relating to the definition of program receipts; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Duncan, Pearce, Salo. Signing to calendar and do pass: Senator Sharp. The bill is on today's calendar. SB 1010 The Rules Committee considered SENATE BILL NO. 1010 An Act relating to motor vehicle records and hearings of the Department of Public Safety; increasing the period under which a person may drive a motor vehicle under a temporary permit; relating to ownership of certain abandoned motor vehicles; relating to suspension or revocation of a motor vehicle registration or special permit; relating to renewal of a driver's license by mail; relating to procedures applicable to administrative revocation of a driver's license; relating to commercial driver training schools; increasing the property damage amounts for proof of financial responsibility and proof of motor vehicle eligibility in order to lawfully operate a motor vehicle in the state; amending the definition of `commercial motor vehicle'; relating to prohibited operation of a commercial motor vehicle and to disqualification from driving a commercial motor vehicle; relating to certain notifications in accidents involving property damage; relating to motor vehicle registration procedures; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Signing under other recommendations: Senators Duncan, Salo. 1996-06-04 Senate Journal Page 4272 SB 1010 The bill is on today's calendar. SB 1011 The Rules Committee considered SENATE BILL NO. 1011 An Act relating to transportation of public school students; relating to school construction grants; relating to state foundation aid and supplementary state aid for education; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senator Pearce. Signing to calendar and do pass: Senator Sharp. Signing under other recommendations: Senators Duncan, Salo. The bill is on today's calendar. Senator Halford moved and asked unanimous consent that the Senate return to Introduction and Reference of Senate Resolutions. Without objection, the Senate returned to: INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SR 7 SENATE RESOLUTION NO. 7 BY SENATOR DONLEY, Requesting the Governor to expand the subjects to be considered during the First Special Session of the Nineteenth Alaska State Legislature to include the subjects dealt with in SB 197. was read the first time and referred to the Rules Committee. SR 8 SENATE RESOLUTION NO. 8 BY SENATOR DONLEY, Requesting the Governor to expand the subjects to be considered during the First Special Session of the Nineteenth Alaska State Legislature to include the subjects dealt with in SB 175. was read the first time and referred to the Rules Committee. 1996-06-04 Senate Journal Page 4273 CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 1003 SENATE BILL NO. 1003 An Act relating to public employees was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 4267. Senator Ellis objected. Senator Halford called the Senate. Senator Halford lifted the call. The question being: Shall the Finance Committee Substitute be adopted? The roll was taken with the following result: SB 1003 Second Reading Adopt Finance Committee Substitute? YEAS: 10 NAYS: 6 EXCUSED: 0 ABSENT: 4 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Sharp, Torgerson Nays: Adams, Donley, Duncan, Ellis, Lincoln, Salo Absent: Hoffman, Rieger, Taylor, Zharoff and so, CS FOR SENATE BILL NO. 1003(FIN) An Act relating to public employee compensation, benefits, and labor relations; relating to salaries, geographic and cost-of-living differentials for certain state employees, and to salary surveys and preparation of an annual pay schedule regarding certain state employees; relating to retirement and early retirement incentives for certain public employees; relating to pay and benefit programs for public employees; relating to and making conforming amendments concerning certain state aid calculations formerly based on geographic differentials for state employee salaries; and providing for an effective date was adopted and read the second time. CS FOR SENATE BILL NO. 1003(FIN) will appear on the June 5 calendar. 1996-06-04 Senate Journal Page 4274 SB 1005 SENATE BILL NO. 1005 An Act making, amending, and repealing appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 4268. Senator Duncan objected. The question being: Shall the Finance Committee Substitute be adopted? The roll was taken with the following result: SB 1005 Second Reading Adopt Finance Committee Substitute? 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, CS FOR SENATE BILL NO. 1005(FIN) An Act making and amending appropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; providing for an effective date for versions of HB 412 and SB 136 that were passed by the Nineteenth Alaska State Legislature; and providing for an effective date was adopted and read the second time. CS FOR SENATE BILL NO. 1005(FIN) will appear on the June 5 calendar. SB 1009 SENATE BILL NO. 1009 An Act relating to the definition of program receipts; and providing for an effective date was read the second time. 1996-06-04 Senate Journal Page 4275 SB 1009 Senator Sharp moved and asked unanimous consent for the adoption of the State Affairs Committee Substitute offered on page 4269. Without objection, CS FOR SENATE BILL NO. 1009(STA) was adopted and 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. Without objection, it was so ordered. CS FOR SENATE BILL NO. 1009(STA) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 1009(STA) An Act relating to the definition of program receipts; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 1009(STA) 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 SENATE BILL NO. 1009(STA) passed the Senate. 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. Senator Rieger gave notice of reconsideration. 1996-06-04 Senate Journal Page 4276 SB 1010 SENATE BILL NO. 1010 An Act relating to motor vehicle records and hearings of the Department of Public Safety; increasing the period under which a person may drive a motor vehicle under a temporary permit; relating to ownership of certain abandoned motor vehicles; relating to suspension or revocation of a motor vehicle registration or special permit; relating to renewal of a driver's license by mail; relating to procedures applicable to administrative revocation of a driver's license; relating to commercial driver training schools; increasing the property damage amounts for proof of financial responsibility and proof of motor vehicle eligibility in order to lawfully operate a motor vehicle in the state; amending the definition of `commercial motor vehicle'; relating to prohibited operation of a commercial motor vehicle and to disqualification from driving a commercial motor vehicle; relating to certain notifications in accidents involving property damage; relating to motor vehicle registration procedures; and providing for an effective date was read the second time. Senator Kelly moved and asked unanimous consent for the adoption of the Labor and Commerce Committee Substitute offered on page 4269. Without objection, CS FOR SENATE BILL NO. 1010(L&C) was adopted and read the second time. CS FOR SENATE BILL NO. 1010(L&C) will appear on the June 5 calendar. SB 1011 SENATE BILL NO. 1011 An Act relating to transportation of public school students; relating to school construction grants; relating to state foundation aid and supplementary state aid for education; and providing for an effective date was read the second time. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 4270. Senator Donley objected. The question being: Shall the Judiciary Committee Substitute be adopted? The roll was taken with the following result: 1996-06-04 Senate Journal Page 4277 SB 1011 SB 1011 Second Reading Adopt Judiciary Committee Substitute? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Frank, Green, Hoffman, Kelly, Leman, Miller, Pearce, R.Phillips, Sharp, Taylor, Torgerson Nays: Donley, Duncan, Ellis, Halford, Lincoln, Rieger, Salo, Zharoff and so, CS FOR SENATE BILL NO. 1011(JUD) An Act relating to state foundation aid and supplementary state aid for education; and providing for an effective date was adopted and read the second time. CS FOR SENATE BILL NO. 1011(JUD) will appear on the June 5 calendar. CITATIONS Honoring - Talking Anchorage Representative(s) Finkelstein Senator(s) Ellis, Hoffman, Duncan, Lincoln, Zharoff, Leman, Rieger, Taylor, Kelly, Pearce Honoring - Major Leslie R. Hood Senator(s) Duncan, Hoffman, Lincoln, Zharoff, Leman, Taylor, Kelly, Pearce Representative(s) Elton, Robinson Honoring - Operation Arctic Care 96 Senator(s) Adams, Hoffman, Duncan, Lincoln, Zharoff, Leman, Taylor, Kelly, Pearce In Memoriam - Joseph F. Demientieff Senator(s) Lincoln, Hoffman, Pearce, Duncan, Zharoff, Taylor, Kelly Representative(s) Nicholia 1996-06-04 Senate Journal Page 4278 In Memoriam - Irene Graves Senator(s) Zharoff, Hoffman, Lincoln, Zharoff, Leman, Taylor, Kelly, Pearce Representative(s) Austerman In Memoriam - Lloyd Roundtree Senator(s) Taylor, Hoffman, Duncan, Lincoln, Zharoff, Kelly, Pearce Representative(s) Grussendorf 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. CITATIONS Senator Halford moved and asked unanimous consent that the notice and publication requirements be waived and the following citations be made a special order of business. Without objection, it was so ordered. SPECIAL ORDER OF BUSINESS Honoring - Ben Ellis Representative(s) Mulder Senator(s) Pearce, Halford, Taylor, Kelly, Torgerson Honoring - Colonel James D. Doug Ferry, USAF Ret. Representative(s) Mulder Senator(s) Pearce, Taylor, Kelly, Leman In Memoriam - Janet Ann Forrest Representative(s) Mulder Senator(s) Pearce, Taylor, Kelly, Torgerson, Lincoln 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. 1996-06-04 Senate Journal Page 4279 ANNOUNCEMENTS Announcements are at the end of the journal. ADJOURNMENT Senator Halford moved that the Senate adjourn. President Pearce adjourned the Senate at 12:07 a.m. until 11:00 a.m., June 5, 1996. Nancy Quinto Secretary of the Senate June 1996 1996-06-04 Senate Journal Page 4280 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 FINANCE SENATE FINANCE 532 JUN 04 TUESDAY 9:00 AM SB1006COMPENSATION FOR CERTAIN PUBLIC EMPLOYEES BILLS PREVIOUSLY HEARD OR SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 JUN 04 TUESDAY 1:00 PM SB1011PUB SCHOOL TRANS/CONSTRUCTION/STATE AID ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 JUN 04 TUESDAY 1:00 PM SB1010MISC. MOTOR VEHICLE AMENDMENTS ---------------------------------------- RULES FAHRENKAMP RM 203 JUN 04 TUESDAY 7:00 PM SB1003PUBLIC EMPLOYEES & AGENCY PLANS SB1005APPROP: MISCELLANEOUS SB1009PROGRAM RECEIPTS SB1011PUB SCHOOL TRANS/CONSTRUCTION/STATE AID SB1010MISC. MOTOR VEHICLE AMENDMENTS ---------------------------------------- 1996-06-04 Senate Journal Page 4281 STATE AFFAIRS BELTZ ROOM 211 JUN 04 TUESDAY 1:30 PM SB1009PROGRAM RECEIPTS JOINT COMMITTEES SELECT COMMITTEE ON LEGISLATIVE ETHICS ANCHORAGE LI0 JUN 07 FRIDAY 10:00 AM FULL COMMITTEE MEETING ---------------------------------------- LEGISLATIVE COUNCIL FAHRENKAMP ROOM 203 JUN 04 TUESDAY 12:30 PM LEGISLATIVE COUNCIL OTHER MEETINGS MAJORITY CAUCUS BUTROVICH ROOM 205 JUN 04 TUESDAY 11:00 AM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 JUN 04 TUESDAY 11:30 AM MINORITY CAUCUS