Legislature(1995 - 1996)
1996-06-06 Senate Journal
Full Journal pdf1996-06-06 Senate Journal Page 4315 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE FIRST SPECIAL SESSION Juneau, Alaska Thursday Thirtieth Day Pursuant to adjournment the Senate was called to order by President Pearce at 12:04 p.m. The roll showed fifteen members present. Senators Duncan, Ellis, Halford, Leman, Lincoln were absent. The prayer was offered by the Chaplain, Senator Green. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Heavenly Father, we ask You to be with us on this, the last day of the session. We ask You to give us guidance and keep us in Your will as we consider some of the important issues that we have before us today. We ask that You be with the various people around the state in all the variety of activities they are involved in. We particularly ask Your mercies on those who are in the midst of the fire; the firefighters, the jumpers, the troopers, and all the volunteer personnel who have landed in the Mat-Su valley. We ask You to be with them. Prepare us for what we must do and help us to be available as we must be. We ask You to guide us in the deliberations of this day. In Christ's Name we pray. Amen. Senator Frank led the Senate in the pledge of allegiance. The presence of Senator Leman was noted. 4315 1996-06-06 Senate Journal Page 4316 CERTIFICATION Senator Taylor, Acting Majority Leader, moved and asked unanimous consent that the journal for the twenty-ninth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Lincoln was noted. STANDING COMMITTEE REPORTS HB 1001 The Finance Committee considered CS FOR HOUSE BILL NO. 1001(FIN) An Act making appropriations relating to fire suppression, cleanup, and response and to disaster relief; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 1001(FIN) Signing do pass: Senators Halford, Frank, Cochairs, Senators Rieger, Phillips, Donley, Zharoff, Sharp. The bill was referred to the Rules Committee. RECESS Senator Miller, Acting Majority Leader, moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 12:08 p.m. AFTER RECESS The Senate reconvened at 12:19 p.m. The presence of Senators Duncan, Ellis, Halford was noted. 1996-06-06 Senate Journal Page 4317 STANDING COMMITTEE REPORTS CONTINUED HB 1001 The Rules Committee considered CS FOR HOUSE BILL NO. 1001(FIN) An Act making appropriations relating to fire suppression, cleanup, and response and to disaster relief; 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 HOUSE BILLS HB 1001 CS FOR HOUSE BILL NO. 1001(FIN) An Act making appropriations relating to fire suppression, cleanup, and response and to disaster relief; and providing for an effective date was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 4316. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 1001(FIN) 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. SENATE CS FOR CS FOR HOUSE BILL NO. 1001(FIN) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 1001(FIN) An Act making appropriations relating to fire suppression, cleanup, and response and to disaster relief; and providing for an effective date pass the Senate? The roll was taken with the following result: 1996-06-06 Senate Journal Page 4318 HB 1001 SCS CSHB 1001(FIN) 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, SENATE CS FOR CS FOR HOUSE BILL NO. 1001(FIN) 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 and the bill was referred to the Secretary for engrossment. SB 1011 Senator Halford moved and asked unanimous consent that 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 be returned to the Rules Committee. Without objection, it was so ordered. CITATIONS Honoring - John Sinnok, 1996 Bilingual Educator of the Year Senator(s) Adams, Lincoln, Zharoff, Taylor, Kelly, Pearce, Sharp, Duncan, Ellis Representative(s) Foster Honoring - Berda Willson Senator(s) Adams, Lincoln, Zharoff, Taylor, Kelly, Pearce, Sharp, Duncan Representative(s) Foster 1996-06-06 Senate Journal Page 4319 Honoring - David Finkelstein Representative(s) Brown Senator(s) Ellis, Adams, Pearce, Zharoff, Taylor, Kelly, Salo, Lincoln, Rieger, Sharp, Duncan, R. Phillips Honoring - Palmer High School Wrestling Team State Champions Representative(s) Ogan Senator(s) Green, Leman, Pearce, Zharoff, Taylor, Kelly, Salo, Rieger, Sharp, Duncan, Halford, Lincoln Honoring - Make-A-Wish Foundation Senator(s) Halford, Miller, Leman, Adams, Pearce, Zharoff, Taylor, Kelly, Salo, Green, Sharp, Duncan Honoring - Tom Morgan Representative(s) Mulder Senator(s) Kelly, Leman, Pearce, Zharoff, Taylor, Lincoln, Sharp, Duncan 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 - Ptarmigan Elementary School Senator(s) Leman, Sharp, Duncan, Hoffman, Zharoff, R. Phillips, Lincoln, Salo, Pearce, Taylor, Kelly Honoring - Heartbeat Alaska, Alaska's First Native Owned News Weekly Senator(s) Donley, Sharp, Duncan, Ellis, Hoffman, Rieger, Zharoff, R. Phillips, Lincoln, Salo, Pearce, Taylor, Kelly 1996-06-06 Senate Journal Page 4320 Honoring - Millers Reach Fire Volunteers and Workers Representative(s) Kohring, Masek, Ogan Senator(s) Green, Halford, Sharp, Duncan, Donley, Leman, Rieger, Lincoln, Zharoff, Salo, Pearce, Taylor, Kelly Honoring - Service Boys Baseball Team Representative(s) Green Senator(s) Donley, Salo, Pearce, Lincoln, Leman, Rieger, Green, Taylor, Kelly Honoring - Service Girls Softball Team, State Runners-Up Representative(s) Green Senator(s) Donley, Salo, Pearce, Lincoln, Leman, Rieger, Green, Taylor, Kelly Honoring - Service Girls Soccer Team, State Champions Representative(s) Green Senator(s) Donley, Salo, Pearce, Lincoln, Leman, Donley, Green, Taylor, Kelly Senator Kelly moved and asked unanimous consent to remove the three Service citations with clerical errors from the motion. Without objection, it was so ordered. 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. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 12:39 p.m. AFTER RECESS JOINT SESSION IN THE HOUSE Speaker Phillips called the House to order and in accordance with Uniform Rule 51 turned the gavel over to President Pearce at 4:09 p.m. 1996-06-06 Senate Journal Page 4321 The purpose of the Joint Session was to consider the Governor's vetoes. The roll of the Senate was called and showed twenty members present. The roll of the House was taken and showed thirty-nine members present. Representative Davies was excused from a call of the House. President Pearce called the Joint Session. The call was satisfied. Senator Duncan rose to a point of order regarding art. II, sec. 16 of the Alaska Constitution. President Pearce ruled the point not well taken. Senator Duncan appealed the ruling of the chair. The question being: Shall the ruling of the chair be upheld? The roll of the House was taken with the following result: HOUSE Uphold Ruling of the Chair YEAS: 26 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Excused: Davies 1996-06-06 Senate Journal Page 4322 The roll of the Senate was called with the following result: SENATE Uphold Ruling of Chair YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Kelly, Leman, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Donley, Frank, Green, Halford, Pearce Nays: Hoffman, Lincoln, Salo, Zharoff, Adams, Duncan, Ellis TOTALS: YEAS: 39 NAYS: 20 EXCUSED: 1 and so, the ruling of the chair was upheld. SB 162 Senator Halford moved that CS FOR SENATE BILL NO. 162(FIN) An Act relating to land used for agricultural purposes and to state land classified for agricultural purposes or subject to the restriction of use for agricultural purposes only; and annulling certain program regulations of the Department of Natural Resources that are inconsistent with the amendments made by this Act become law notwithstanding the Governor's veto. The question being: Shall CS FOR SENATE BILL NO. 162(FIN) become law notwithstanding the Governor's veto? The roll of the Senate was called with the following result: CSSB 162(FIN) Override Veto SENATE YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Kelly, Leman, Lincoln, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Adams, Frank, Green, Halford, Pearce Nays: Salo, Zharoff, Donley, Duncan, Ellis, Hoffman 1996-06-06 Senate Journal Page 4323 SB 162 The roll of the House was taken with the following result: CSSB 162(FIN) Override Veto HOUSE YEAS: 26 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Long, Mackie, Moses, Navarre, Nicholia, Robinson, Willis Excused: Davies TOTALS: YEAS: 40 NAYS: 19 EXCUSED: 1 and so, the Governor's veto of CS FOR SENATE BILL NO. 162(FIN) was overriden and the engrossed and enrolled copies were transmitted to the Office of the Governor at 6:50 p.m. on June 6, 1996. HB 459 Senator Halford moved that CS FOR HOUSE BILL NO. 459(JUD) am 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 become law notwithstanding the Governor's veto. The question being: Shall CS FOR HOUSE BILL NO. 459(JUD) am become law notwithstanding the Governor's veto? The roll of the House was taken with the following result: 1996-06-06 Senate Journal Page 4324 HB 459 CSHB 459(JUD) am Override Veto HOUSE YEAS: 26 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Excused: Davies The roll of the Senate was called with the following result: CSHB 459(JUD) am Override Veto SENATE YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Leman, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Donley, Frank, Green, Halford, Kelly, Pearce Nays: Lincoln, Salo, Zharoff, Adams, Duncan, Ellis, Hoffman TOTALS: YEAS: 39 NAYS: 20 EXCUSED: 1 and so, the Governor's veto of CS FOR HOUSE BILL NO. 459(JUD) am was sustained. SB 274 Senator Halford moved that HOUSE CS FOR CS FOR SENATE BILL NO. 274(TRA) An Act relating to the noise levels of airports and sport shooting facilities become law notwithstanding the Governor's veto. The question being: Shall HOUSE CS FOR CS FOR SENATE BILL NO. 274(TRA) become law notwithstanding the Governor's veto? The roll of the Senate was called with the following result: 1996-06-06 Senate Journal Page 4325 SB 274 HCS CSSB 274(TRA) Override Veto SENATE YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Donley, Frank, Green, Halford, Kelly, Leman, Pearce Nays: Lincoln, Salo, Zharoff, Adams, Duncan, Ellis, Hoffman The roll of the House was taken with the following result: HCS CSSB 274(TRA) Override Veto HOUSE YEAS: 25 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Moses, Navarre, Nicholia, Robinson, Willis Excused: Davies TOTALS: YEAS: 38 NAYS: 21 EXCUSED: 1 and so, the Governor's veto of HOUSE CS FOR CS FOR SENATE BILL NO. 274(TRA) was sustained. SB 181 Senator Halford moved that CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 181(FIN) An Act relating to tourist oriented directional signs that are 90 inches in width and 18 inches in height and to penalties for violations related to outdoor advertising become law notwithstanding the Governor's veto. 1996-06-06 Senate Journal Page 4326 SB 181 The question being: Shall CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 181(FIN) become law notwithstanding the Governor's veto? The roll of the House was taken with the following result: CSSSSB 181(FIN) Override Veto HOUSE YEAS: 25 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Moses, Navarre, Nicholia, Robinson, Willis Excused: Davies The roll of the Senate was called with the following result: CSSSSB 181(FIN) Override Veto SENATE YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Adams, Donley, Frank, Green, Halford, Kelly, Leman, Pearce Nays: Salo, Zharoff, Duncan, Ellis, Hoffman, Lincoln Adams changed from "Nay" to "Yea". TOTALS: YEAS: 39 NAYS: 20 EXCUSED: 1 and so, the Governor's veto of CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 181(FIN) was sustained. Senator Halford moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Pearce adjourned the Joint Session at 4:29 p.m. 1996-06-06 Senate Journal Page 4327 AFTER RECESS IN THE SENATE The Senate reconvened at 4:34 p.m. UNFINISHED BUSINESS 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 - Wynoka Baumgartner Senator(s) R. Phillips, Salo, Zharoff, Lincoln, Halford, Rieger, Donley, Green, Taylor, Kelly In Memoriam - Suzan Nightingale Representative(s) Brown, Martin Senator(s) Pearce, Zharoff, Lincoln, R. Phillips, Halford, Rieger, Donley, Green, Taylor, Kelly Honoring - Service Boys Baseball Team Representative(s) Green Senator(s) Donley, Salo, Pearce, Lincoln, Leman, Rieger, Green, Taylor, Kelly Honoring - Service Girls Softball Team, State Runners-Up Representative(s) Green Senator(s) Donley, Salo, Pearce, Lincoln, Leman, Rieger, Green, Taylor, Kelly Honoring - Service Girls Soccer Team, State Champions Representative(s) Green Senator(s) Donley, Salo, Pearce, Lincoln, Leman, Rieger, Donley, Green, Taylor, Kelly 1996-06-06 Senate Journal Page 4328 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. ENGROSSMENT HB 1001 SENATE CS FOR CS FOR HOUSE BILL NO. 1001(FIN) An Act making appropriations relating to fire suppression, cleanup, and response and to disaster relief; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. UNFINISHED BUSINESS CONTINUED MESSAGES FROM THE HOUSE SB 1003 Message of June 6 was received, stating the House passed and returned: CS FOR SENATE BILL NO. 1003(FIN) am An Act relating to public employee compensation, benefits, and labor relations; relating to salaries 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 of and early retirement incentives for certain public employees; relating to pay and benefit programs for public employees; and providing for an effective date. The bill was referred to the Secretary for enrollment. SB 1005 Message of June 6 was received, stating the House passed and returned: 1996-06-06 Senate Journal Page 4329 SB 1005 CS FOR SENATE BILL NO. 1005(FIN) am 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. The bill was referred to the Secretary for enrollment. SB 1010 Message of June 6 was received, stating the House passed and returned: CS FOR SENATE BILL NO. 1010(L&C) am An Act relating to 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 vehicles; relating to suspension or revocation of a vehicle registration, certificate of registration, registration plate, 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 financial responsibility laws related to vehicles and proof of motor vehicle eligibility in order to lawfully operate a motor vehicle in the state; amending the definitions of commercial motor vehicle' and commercial purposes'; relating to prohibitions against operation of a commercial motor vehicle and being on duty to operate a commercial motor vehicle and to disqualification from driving a commercial motor vehicle; relating to certain notifications in accidents involving property damage; relating to vehicle registration procedures; and providing for an effective date. The bill was referred to the Secretary for enrollment. HB 1001 Message of June 6 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 1001(FIN), thus adopting: 1996-06-06 Senate Journal Page 4330 HB 1001 SENATE CS FOR CS FOR HOUSE BILL NO. 1001(FIN) An Act making appropriations relating to fire suppression, cleanup, and response and to disaster relief; and providing for an effective date. ANNOUNCEMENTS Announcements are at the end of the journal. ADJOURNMENT Senator Ellis moved and asked unanimous consent that the Alaska State Senate, First Special Session of the Nineteenth Legislature, stand in adjournment sine die. Without objection, the Senate adjourned at 4:37 p.m. Nancy Quinto Secretary of the Senate June 1996 1996-06-06 Senate Journal Page 4331 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 06 THURSDAY 11:00 AM HB1001APPROP: FIRE AND DISASTER RELIEF ---------------------------------------- RULES FAHRENKAMP RM 203 JUN 06 THURSDAY 12:10 PM HB1001APPROP: FIRE AND DISASTER RELIEF JOINT COMMITTEES SELECT COMMITTEE ON LEGISLATIVE ETHICS ANCHORAGE LI0 JUN 07 FRIDAY 10:00 AM FULL COMMITTEE MEETING OTHER MEETINGS JOINT SESSION HOUSE CHAMBER JUN 06 THURSDAY 12:00 PM FOR THE PURPOSE OF ADDRESSING VETO OVERRIDES