Legislature(1993 - 1994)
1993-04-26 Senate Journal
Full Journal pdf1993-04-26 Senate Journal Page 1753 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Monday April 26, 1993 One Hundred Sixth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:59 a.m. The roll showed nineteen members present. Senator Frank was absent. The prayer was offered by the Chaplain, Reverend David T. Carpenter of the Glacier Valley Baptist Church. Senator Ellis led the Senate in the pledge of allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journals for the one hundred fourth and one hundred fifth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Frank was noted. MESSAGES FROM THE HOUSE SJR 25 Message of April 24 was read, stating the House passed and returned: 1753 1993-04-26 Senate Journal Page 1754 SJR 25 CS FOR SENATE JOINT RESOLUTION NO. 25(CRA) am Urging the federal government to recognize the dire water and sanitation conditions in rural Alaska and to become a full partner with this state in improving this health-threatening situation. CS FOR SENATE JOINT RESOLUTION NO. 25(CRA) am was referred to the Secretary for enrollment. SB 85 Message of April 24 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 85(FIN) am "An Act deleting a requirement that certain members of the board of directors of the Alaska Tourism Marketing Council be substantially involved in a visitor or recreation industry business; relating to the selection of a presiding officer for the Alaska Tourism Marketing Council; requiring that the council's tourism marketing program include promotion of the state as a destination and promotion of all forms of travel to the state, including travel by air, highway, and water; extending the termination date of the Alaska Tourism Marketing Council; requiring the council to consider methods to fund tourism marketing using both public and private assets and to consider methods to provide for the financial self-sufficiency of the council; and providing for an effective date." CS FOR SENATE BILL NO. 85(FIN) am was referred to the Secretary for enrollment. SB 86 Message of April 24 was read, stating the House passed and returned: 1993-04-26 Senate Journal Page 1755 SB 86 SENATE BILL NO. 86 "An Act relating to funds transfers under the Uniform Commercial Code; changing Alaska Rule of Civil Procedure 82; and providing for an effective date." SENATE BILL NO. 86 was referred to the Secretary for enrollment. SB 112 Message of April 24 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 112(JUD) "An Act relating to the Uniform Commercial Code; amending Alaska Rules of Civil Procedure 8 and 82, and Alaska Rule of Evidence 402; and providing for an effective date." CS FOR SENATE BILL NO. 112(JUD) was referred to the Secretary for enrollment. Message of April 24 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 19 HOUSE CONCURRENT RESOLUTION NO. 19 by REPRESENTATIVES PHILLIPS, Barnes, Menard, Relating to the sale of state royalty gas. was read the first time and referred to the Senate Special Committee on Oil and Gas and Judiciary Committee. 1993-04-26 Senate Journal Page 1756 HJR 36 CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) by the HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, Urging the federal Department of Health and Human Services to repeal the "100-hour rule" relating to employment of certain persons receiving AFDC and to replace it with a regulation that will serve as an incentive for AFDC recipients to accept employment of more than 100 hours a month. was read the first time and referred to the Health, Education and Social Services, Judiciary and Finance Committees. HJR 37 HOUSE JOINT RESOLUTION NO. 37 by REPRESENTATIVES HOFFMAN, MacLean, Foster, Olberg, Williams, Davidson, Nicholia, Mackie, Ulmer, Brown, Carney, Brice, Menard, Sanders, Willis, G.Davis, B.Davis, Davies, Toohey, Phillips, Urging the Congress to enact H.R. 1033 or similar legislation authorizing construction grants for publicly-owned treatment works in economically distressed rural communities. was read the first time and referred to the Community and Regional Affairs and Health, Education and Social Services Committees. FIRST READING AND REFERENCE OF HOUSE BILLS HB 81 CS FOR HOUSE BILL NO. 81(FIN) am by the HOUSE FINANCE COMMITTEE, entitled: "An Act relating to the longevity bonus program." was read the first time and referred to the Rules Committee. 1993-04-26 Senate Journal Page 1757 STANDING COMMITTEE REPORTS SB 99 The Finance Committee considered SENATE BILL NO. 99 "An Act relating to the improvement of state finances through reduction of operating costs of certain state agencies and establishment of certain fees; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 99(FIN) (Forthcoming) Signing do pass with a Finance Committee Letter of Intent: Senators Frank, Pearce, Cochairs, Senators Rieger, Jacko, Sharp. Signing no recommendation: Senators Kerttula, Kelly. Letter of Intent for CSSB 99(Fin) It is the intent of the Legislature that the Division of Parks increase the various user fees within its range of public facilities and services to a level as closely as possible reflecting but not exceeding the national average for similar facilities and services. Fiscal notes for the committee substitute published today from Department of Natural Resources, Department of Labor (3) and Department of Education (2). Zero fiscal notes for the committee substitute published today from Department of Administration (4), Department of Labor and Department of Fish and Game. Previous fiscal notes and zero fiscal note apply to the committee substitute. SENATE BILL NO. 99 was referred to the Rules Committee. 1993-04-26 Senate Journal Page 1758 SB 164 The Community and Regional Affairs Committee considered SENATE BILL NO. 164 "An Act relating to municipal incorporation, reclassification, and dissolution" and recommended it be replaced with CS FOR SENATE BILL NO. 164(CRA), entitled: "An Act relating to municipal incorporation, reclassification, and dissolution, and municipal school districts." Signing do pass: Senator Phillips, Chair, Senator Leman. Signing no recommendation: Senators Zharoff, Adams. Zero fiscal note for the bill and the committee substitute published today from Department of Community and Regional Affairs. SENATE BILL NO. 164 was referred to the Judiciary Committee. HJR 11 The Finance Committee considered HOUSE JOINT RESOLUTION NO. 11 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly, Jacko, Rieger, Kerttula, Sharp. Previous House fiscal note. HOUSE JOINT RESOLUTION NO. 11 was referred to the Rules Committee. HB 66 The Finance Committee considered CS FOR HOUSE BILL NO. 66(FIN) am "An Act relating to an exemption from and deferral of municipal property taxes for certain primary residences, to property tax equivalency payments for certain residents, to the determination of full and true value of taxable property in a municipality; and providing for an effective date" and recommended it be replaced with 1993-04-26 Senate Journal Page 1759 HB 66 SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN), entitled: "An Act relating to a municipal option for an exemption from and deferral of municipal property taxes for certain primary residences, to a mandatory exemption from municipal property taxes for certain primary residences, to property tax equivalency payments for certain residents, to the determination of full and true value of taxable property in a municipality; and providing for an effective date." Signing do pass: Senators Frank, Pearce, Cochairs, Senators Rieger, Sharp. Signing do pass - as amended: Senator Kelly. Signing do not pass: Senator Kerttula. Fiscal notes for the Senate committee substitute published today from Department of Community and Regional Affairs (2). Zero fiscal notes for the Senate committee substitute published today from Department of Community and Regional Affairs (2). Previous House zero fiscal notes apply to Senate committee substitute. CS FOR HOUSE BILL NO. 66(FIN) am was referred to the Rules Committee. HB 102 The Finance Committee considered CS FOR HOUSE BILL NO. 102(FIN) "An Act relating to the Alaska Labor Relations Agency; and providing for an effective date" and recommended the Labor and Commerce Senate Committee Substitute offered on page 1355 be adopted. Signing do pass: Senators Frank, Pearce, Cochairs, Senators Rieger, Jacko, Kelly, Sharp. Signing no recommendation: Senator Kerttula. Previous House zero fiscal note. CS FOR HOUSE BILL NO. 102(FIN) was referred to the Rules Committee. 1993-04-26 Senate Journal Page 1760 HB 151 The Finance Committee considered CS FOR HOUSE BILL NO. 151(FIN) "An Act relating to payment by indigent persons for services of representation and court costs; providing for stays of enforcement of a judgment during the pendency of an appeal of a conviction; allowing petitions for remission, reduction, or deferral of judgment; permitting a court to remit or reduce a judgment or to change the method of payment; and providing for an effective date." Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly, Jacko, Sharp. Signing no recommendation: Senators Rieger, Kerttula. Previous House fiscal note and zero fiscal notes. CS FOR HOUSE BILL NO. 151(FIN) was referred to the Rules Committee. HB 178 The Finance Committee considered HOUSE BILL NO. 178 "An Act adding children under the age of 21 who are eligible for adoption assistance because of special needs to the optional Medicaid coverage list and revising the order of priority in which groups eligible for optional Medicaid coverage are eliminated; and providing for an effective date" and recommended the Health, Education and Social Services Senate Committee Substitute offered on page 1473 be adopted. Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly, Jacko, Rieger, Sharp. Previous fiscal notes. HOUSE BILL NO. 178 was referred to the Rules Committee. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 12:12 p.m. AFTER RECESS The Senate reconvened at 1:06 p.m. 1993-04-26 Senate Journal Page 1761 STANDING COMMITTEE REPORTS CONTINUED SB 186 The Rules Committee considered SENATE BILL NO. 186 "An Act relating to state agency publications." Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger, Little. SENATE BILL NO. 186 is on today's calendar. HJR 41 The Rules Committee considered HOUSE JOINT RESOLUTION NO. 41 Relating to consideration of individual fishery quota shares block proposals by the North Pacific Fishery Management Council. Signing to calendar and do pass: Senator Jacko, Chair, Senators Rieger, Halford. Signing no recommendation: Senator Little. Previous House zero fiscal note. HOUSE JOINT RESOLUTION NO. 41 is on today's calendar. HB 66 The Rules Committee considered CS FOR HOUSE BILL NO. 66(FIN) am "An Act relating to an exemption from and deferral of municipal property taxes for certain primary residences, to property tax equivalency payments for certain residents, to the determination of full and true value of taxable property in a municipality; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senators Rieger, Halford. Signing do not pass: Senator Little. CS FOR HOUSE BILL NO. 66(FIN) am is on today's calendar. HB 112 The Rules Committee considered HOUSE BILL NO. 112 "An Act relating to limited partnerships; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senators Rieger, Halford. Signing no recommendation: Senator Little. HOUSE BILL NO. 112 is on today's calendar. 1993-04-26 Senate Journal Page 1762 HB 152 The Rules Committee considered CS FOR HOUSE BILL NO. 152(JUD) "An Act relating to magistrate jurisdiction." Signing to calendar: Senator Jacko, Chair, Senators Rieger, Halford. Signing no recommendation: Senator Little. CS FOR HOUSE BILL NO. 152(JUD) is on today's calendar. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 186 SENATE BILL NO. 186 "An Act relating to state agency publications" was read the second time. Senators Taylor, Frank offered Amendment No. 1 : Page 2, line 15: Delete "contract" Senator Taylor moved for the adoption of Amendment No. 1. Senator Duncan objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senator Adams offered Amendment No. 2 : Page 2, following line 17: Insert a new section to read: *Sec. 3. AS 44.99.240(2) is amended to read: (2) "state agency" means [A] a department, institution, board, commission, division, authority, public corporation, or other administrative unit of the executive branch [, INCLUDING THE UNIVERSITY OF ALASKA] and the Alaska Railroad Corporation[; 1993-04-26 Senate Journal Page 1763 SB 186 (B) A COMMITTEE, DIVISION, OR ADMINISTRATIVE UNIT OF THE LEGISLATIVE BRANCH, INCLUDING THE ALASKA LEGISLATIVE COUNCIL, THE LEADERSHIP OF EACH HOUSE, AND THE OFFICE OF THE OMBUDSMAN; (C) AN ADMINISTRATIVE UNIT OF THE JUDICIAL BRANCH, INCLUDING THE ALASKA JUDICIAL COUNCIL AND THE COMMISSION ON JUDICIAL CONDUCT]." Renumber the following bill section accordingly. Senator Adams moved for the adoption of Amendment No. 2. Senator Frank objected, then withdrew his objection. There being no further objections, Amendment No. 2 was adopted. Senator Donley offered Amendment No. 3 : Page 2, line 13: Delete "eight" Insert "twelve" Page 2, line 14: Delete "one" Insert "two" Senator Donley moved for the adoption of Amendment No. 3. Senator Pearce objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 1993-04-26 Senate Journal Page 1764 SB 186 SB 186 am Second Reading Amendment No. 3 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Taylor, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp and so, Amendment No. 3 was not adopted. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 186 am be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall SENATE BILL NO. 186 am be advanced to third reading?" The roll was taken with the following result: SB 186 am Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, SENATE BILL NO. 186 am failed to be advanced to third reading. 1993-04-26 Senate Journal Page 1765 SECOND READING OF HOUSE BILLS HB 66 CS FOR HOUSE BILL NO. 66(FIN) am "An Act relating to an exemption from and deferral of municipal property taxes for certain primary residences, to property tax equivalency payments for certain residents, to the determination of full and true value of taxable property in a municipality; and providing for an effective date" was read the second time. Senator Pearce moved for the adoption of the Finance Senate Committee Substitute offered on page 1758. Senator Duncan objected. Senator Pearce moved that the following title amendment to the Finance Senate Committee Substitute be adopted: Page 1, lines 1 - 5: Delete all language Insert: "An Act relating to an exemption from and deferral of municipal property taxes for certain primary residences, to property tax equivalency payments for certain residents, to the determination of full and true value of taxable property in a municipality; and providing for an effective date." There being no objection, the title amendment was adopted. Senator Duncan withdrew his objection to the adoption of the Finance Senate Committee Substitute. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S "An Act relating to an exemption from and deferral of municipal property taxes for certain primary residences, to property tax equivalency payments for certain residents, to the determination of full and true value of taxable property in a municipality; and providing for an effective date" was adopted. 1993-04-26 Senate Journal Page 1766 HB 66 SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S was read the second time. Senators Salo, Kerttula offered Amendment No. 1 : Page 2, line 25: After: "obtaining the exemption." Insert: "The determination of the assessor may be appealed to a hearing officer under AS 44.62.350 - AS 44.62.550." Page 2, line 26: Delete: "assessor" Insert: "hearing officer" Page 4, line 28: After: "obtaining the deferral." Insert: "The determination of the assessor may be appealed to a hearing officer under AS 44.62.350 - AS 44.62.550." Page 4, line 28: Delete: "assessor" Insert: "hearing officer" Senator Duncan moved that SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S be held to the April 27 calendar. Senator Taylor objected. Senator Taylor moved and asked unanimous consent that the bill be placed at the bottom of today's calendar. Without objection, it was so ordered. 1993-04-26 Senate Journal Page 1767 HB 67 CS FOR HOUSE BILL NO. 67(FIN)(efd fld) "An Act relating to eligibility for and payments of public assistance" was calendared pending referral to the Rules Committee from the Finance Committee. It was not offered today as it was not reported out of the Finance Committee. HB 112 HOUSE BILL NO. 112 "An Act relating to limited partnerships; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 112 be advanced to third reading and placed on final passage. Senator Little objected, then withdrew her objection. There being no further objections, the bill was advanced to third reading. HOUSE BILL NO. 112 was read the third time. The question being: "Shall HOUSE BILL NO. 112 "An Act relating to limited partnerships; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 112 Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Absent: Frank and so, HOUSE BILL NO. 112 passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Senator Duncan objected. 1993-04-26 Senate Journal Page 1768 HB 112 Senator Duncan called the Senate. The call was satisfied. Senator Duncan withdrew his objection. There being no further objections, the effective date clause was adopted. Senator Ellis gave notice of reconsideration. HB 152 CS FOR HOUSE BILL NO. 152(JUD) "An Act relating to magistrate jurisdiction" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 152(JUD) be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 152(JUD) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 152(JUD) "An Act relating to magistrate jurisdiction" pass the Senate?" The roll was taken with the following result: CSHB 152(JUD) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, CS FOR HOUSE BILL NO. 152(JUD) passed the Senate. Senator Little gave notice of reconsideration. 1993-04-26 Senate Journal Page 1769 THIRD READING OF SENATE BILLS SB 88 CS FOR SENATE BILL NO. 88(FIN) "An Act relating to grants to municipalities, named recipients, and unincorporated communities; establishing capital project matching grant programs for municipalities and unincorporated communities; establishing a local share requirement for capital project grants to municipalities, named recipients, and unincorporated communities; and providing for an effective date" was read the third time. Senator Adams moved that CS FOR SENATE BILL NO. 88(FIN) return to second reading for rescinding action in failing to adopt Amendment No. 1. The question being: "Shall the bill be returned to second reading for rescinding action?" The roll was taken with the following result: CSSB 88(FIN) Third Reading - Final Passage Effective Date Return to Second for Rescinding Action - AM 1 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, the bill failed to return to second reading. Senator Adams moved that CS FOR SENATE BILL NO. 88(FIN) return to second reading for rescinding action in failing to adopt Amendment No. 2. The question being: "Shall the bill be returned to second reading for rescinding action?" The roll was taken with the following result: 1993-04-26 Senate Journal Page 1770 SB 88 CSSB 88(FIN) Third Reading - Final Passage Effective Date Return to Second for Rescinding Action - AM 2 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, the bill failed to return to second reading. Senator Adams moved that CS FOR SENATE BILL NO. 88(FIN) return to second reading for rescinding action in failing to adopt Amendment No. 3. The question being: "Shall the bill be returned to second reading for rescinding action?" The roll was taken with the following result: CSSB 88(FIN) Third Reading - Final Passage Effective Date Return to Second for Rescinding Action - AM 3 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, the bill failed to return to second reading. 1993-04-26 Senate Journal Page 1771 SB 88 Senator Adams moved and asked unanimous consent that CS FOR SENATE BILL NO. 88(FIN) be returned to second reading for a specific amendment, that being Amendment No. 6. Senator Pearce objected. The question being: "Shall CS FOR SENATE BILL NO. 88(FIN) be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: CSSB 88(FIN) Return to Second for Specific Amendment - AM 6 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Phillips, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor and so, the bill failed to return to second reading. Senator Lincoln moved and asked unanimous consent that CS FOR SENATE BILL NO. 88(FIN) be returned to second reading for the purpose of a specific amendment, that being Amendment No. 7. The question being: "Shall CS FOR SENATE BILL NO. 88(FIN) be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: CSSB 88(FIN) Return to Second for Specific Amendment - AM 7 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff 1993-04-26 Senate Journal Page 1772 SB 88 Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, the bill failed to return to second reading. The question being: "Shall CS FOR SENATE BILL NO. 88(FIN) "An Act relating to grants to municipalities, named recipients, and unincorporated communities; establishing capital project matching grant programs for municipalities and unincorporated communities; establishing a local share requirement for capital project grants to municipalities, named recipients, and unincorporated communities; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 88(FIN) Third Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, CS FOR SENATE BILL NO. 88(FIN) passed the Senate. Senator Taylor moved the effective date clause. Senator Donley objected. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 88(FIN) Effective Date 1993-04-26 Senate Journal Page 1773 SB 88 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the effective date clause failed. Senator Pearce gave notice of reconsideration. Senator Duncan moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 88(FIN)(efd fld) be taken up the same legislative day. Objections were heard. The question being: "Shall the reconsideration on CS FOR SENATE BILL NO. 88(FIN)(efd fld) be taken up?" The roll was taken with the following result: CSSB 88(FIN) Shall reconsideration be taken up same day? YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Kerttula changed from "Nay" to "Yea". and so, the motion failed. Senator Duncan lifted his call. 1993-04-26 Senate Journal Page 1774 RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair at 5:00 p.m. Without objection, the Senate recessed at 2:28 p.m. AFTER RECESS The Senate reconvened at 6:04 p.m. Senator Leman called the Senate. SECOND READING OF HOUSE RESOLUTIONS HJR 41 HOUSE JOINT RESOLUTION NO. 41 Relating to consideration of individual fishery quota shares block proposals by the North Pacific Fishery Management Council, was read the second time. Senator Taylor moved and asked unanimous consent that HOUSE JOINT RESOLUTION NO. 41 be advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall HOUSE JOINT RESOLUTION NO. 41 be advanced to third reading?" The roll was taken with the following result: HJR 41 Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff 1993-04-26 Senate Journal Page 1775 HJR 41 and so, the bill failed to advance to third reading. SECOND READING OF HOUSE BILLS CONTINUED HB 66 SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S "An Act relating to an exemption from and deferral of municipal property taxes for certain primary residences, to property tax equivalency payments for certain residents, to the determination of full and true value of taxable property in a municipality; and providing for an effective date" which had been placed at the bottom of today's calendar (page 1766) was before the Senate in second reading. Senator Duncan renewed his motion that SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S be held to the April 27 calendar in second reading. Senator Taylor objected. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S be held to the April 27 calendar in second reading?" The roll was taken with the following result: SCS CSHB 66(FIN) am S Second Reading Hold in Second Reading to 4/27 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Rieger changed from "Yea" to "Nay". and so, the bill was not held. 1993-04-26 Senate Journal Page 1776 HB 66 Senator Salo moved for the adoption of Amendment No. 1 offered on page 1766. Senator Sharp objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 66(FIN) am S Second Reading Amendment No. 1 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 1 failed. Senator Taylor offered Amendment No. 2 : Page 4, line 10: after "homes," Insert "and marine vessels" Page 4, line 30: after "homes," Insert "and marine vessels" Senator Taylor moved for the adoption of Amendment No. 2. Senator Duncan objected. Senator Little moved and asked unanimous consent that Amendment No. 2 be amended as follows: Delete "and" in both places Insert "or" in both places Senator Duncan objected. 1993-04-26 Senate Journal Page 1777 HB 66 Senator Little moved and asked unanimous consent that her motion to amend Amendment No. 2 be withdrawn. Without objection, it was so ordered. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 66(FIN) am S Second Reading Amendment No. 2 YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Jacko, Miller, Pearce, Rieger, Taylor Nays: Adams, Donley, Duncan, Ellis, Frank, Halford, Kelly, Kerttula, Leman, Lincoln, Little, Phillips, Salo, Sharp, Zharoff and so, Amendment No. 2 failed. Amendment No. 3 was not offered. Senator Salo offered Amendment No. 4 : Page 3, following sec. 4: Insert a new bill section to read: "* Sec. 5. AS 29.45 is amended by adding a new section to read: Sec. 29.45.042. MANDATORY DEFERRAL FOR CERTAIN RESIDENCES. (a) Payment of taxes on the first $150,000 of the assessed value of real property is deferred if the property is owned and occupied as the primary residence and permanent place of abode by a resident of the state who is eligible under (b) of this section and is (1) 65 years of age or older; or (2) at least 60 years old and the widow or widower of an individual who qualified for an exemption under former AS29.45.030(e)(1) 1993-04-26 Senate Journal Page 1778 HB 66 or for a deferral under (1) of this subsection. The taxes become due when the property ceases to be owned by the resident who qualified for the deferral or the spouse if the spouse also qualified for a deferral. Only one deferral may be granted for the same property and, if two or more persons are eligible for a deferral for the same property, the parties shall decide between or among themselves who is to receive the benefit of the deferral. Payment of taxes may not be deferred under this section if the assessor determines, after notice and hearing to the parties, that the property was conveyed to the applicant primarily for the purpose of obtaining the deferral. The determination of the assessor may be appealed under AS44.62.560 - 44.62.570. (b) To qualify for a deferral for a year, the adjusted gross income of an individual for the prior year may not exceed $24,000 if the individual filed a single return, or $36,000 if the individual files jointly with another. The determination of adjusted gross income is based upon the federal income tax return filed by the individual. (c) In this section, "real property" includes mobile homes, whether classified as real or personal property for municipal tax purposes." Renumber the following bill sections accordingly. Senator Salo moved for the adoption of Amendment No. 4. Senator Miller objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 1993-04-26 Senate Journal Page 1779 HB 66 SCS CSHB 66(FIN) am S Second Reading Amendment No. 4 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 4 failed. Senator Duncan offered Amendment No. 5 : Page 3, lines 24 and 25: Delete "at least 60 years old" Page 4, line 16: Delete "at least 60 years old" Senator Duncan moved for the adoption of Amendment No. 5. Senator Miller objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SCS CSHB 66(FIN) am S Second Reading Amendment No. 5 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor 1993-04-26 Senate Journal Page 1780 HB 66 and so, Amendment No. 5 failed. Senator Little offered Amendment No. 6 : Page 5, line 1: Delete "1994" Insert "1995" Senator Little moved for the adoption of Amendment No. 6. Senator Sharp objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: SCS CSHB 66(FIN) am S Second Reading Amendment No. 6 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 6 failed. Senator Little offered Amendment No. 7 : Page 3, in AS29.45.052 added by sec. 6: Insert a new subsection to read: "(c) The state shall reimburse a municipality for one-half of the real property tax revenue lost to it as a result of an exemption granted under (a) or (b) of this section. However, reimbursement may be made only to the extent that the loss exceeds an exemption that was granted 1993-04-26 Senate Journal Page 1781 HB 66 by the municipality, or that on proper application by an individual would have been granted, under AS 29.45.050(a), and no reimbursement may be made for revenue lost as a result of an exemption granted for that portion of the assessed value of real property that exceeds $100,000. If appropriations are not sufficient to fully fund reimbursements under this subsection, the amount available shall be distributed pro rata among eligible municipalities." Reletter the following subsections accordingly. Senator Little moved for the adoption of Amendment No. 7. Senator Pearce objected. Senator Duncan called the Senate. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: SCS CSHB 66(FIN) am S Second Reading Amendment No. 7 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 7 failed. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S be considered engrossed, advanced to third reading and placed on final passage. Senator Adams objected. 1993-04-26 Senate Journal Page 1782 HB 66 The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 66(FIN) am S be advanced to third reading?" The roll was taken with the following result: SCS CSHB 66(FIN) am S Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the bill failed to advance to third reading. CITATIONS Honoring - Shannon Thompson, 1992 Youth of the Year, Boys & Girls Clubs of Greater Anchorage by Representative(s) Kott, Willis Senator(s) Phillips, Halford, Leman, Duncan, Donley, Pearce, Salo Honoring - David Winter, L.D. Edwell Award Winner by Representative(s) Larson Senator(s) Kerttula, Duncan, Donley, Pearce, Halford Honoring - The O'Malley E.A.R.T.H. Club by Representative(s) Green Senator(s) Donley, Pearce, Rieger, Salo Honoring - Lynda Adams by Senator(s) Taylor, Leman, Duncan, Donley, Zharoff, Rieger, Halford, Salo Representative(s) Williams 1993-04-26 Senate Journal Page 1783 In Memoriam - Frederick Charles "Nassunuluk" Bradley by Representative(s) Foster Senator(s) Adams, Duncan, Lincoln, Zharoff, Rieger In Memoriam - Lawrence R. "Curly" Ashfield by Representative(s) Navarre Senator(s) Salo, Little, Duncan, Lincoln Senator Taylor 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 HCR 20 Senator Rieger, Chair, moved and asked unanimous consent that the Health, Education and Social Services Committee referral be waived on HOUSE CONCURRENT RESOLUTION NO. 20 Establishing a task force on schools on military bases. Without objection, it was so ordered. HOUSE CONCURRENT RESOLUTION NO. 20 was referred to the Rules Committee. HB 275 Senator Phillips, Chair, moved and asked unanimous consent that the Community and Regional Affairs Committee referral be waived on CS FOR HOUSE BILL NO. 275(FIN) am "An Act relating to the Alaska Seafood Marketing Institute and a salmon marketing tax; and providing for an effective date." Without objection, it was so ordered. CS FOR HOUSE BILL NO. 275(FIN) am was referred to the Finance Committee. 1993-04-26 Senate Journal Page 1784 HB 253 President Halford added a Judiciary Committee referral to HOUSE BILL NO. 253 "An Act amending the basis for determining refunds to local governments under the program of shared fisheries taxes; and providing for an effective date." HOUSE BILL NO. 253 was referred to the Community and Regional Affairs, Judiciary and Finance Committees. HB 196 Senators Leman, Kelly, Phillips, Taylor, Halford moved and asked unanimous consent that they be shown as cross sponsors on SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 "An Act relating to the state employment preference for veterans and prisoners of war." Without objection, it was so ordered. SB 99 Forthcoming committee substitute for SENATE BILL NO. 99 (page 1757): CS FOR SENATE BILL NO. 99(FIN), entitled: "An Act relating to the powers, duties, financial administration, and operations of certain state agencies, including the duration and renewal of licenses issued by the Alcoholic Beverage Control Board, duties of and fees charged by the office of public advocacy, student loan fees, compensation of hunting and fishing license vendors, Department of Labor fees and licensing periods, police standards fees, motor vehicle registration and insurance and the definition of `vehicle', program receipts accounting, risk management administration, proration of state payments, extensions of state leases, receipt of donations and charging of fees by the Department of Natural Resources, coverage of persons under Medicaid, and revising the order of 1993-04-26 Senate Journal Page 1785 SB 99 priority for coverage of optional medical services under Medicaid; amending Alaska Rule of Probate Procedure 16(d); and providing for an effective date." ANNOUNCEMENTS Announcements are at the end of the journal. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., April 27, 1993. Without objection, the Senate adjourned at 7:11 p.m. Nancy Quinto Secretary of the Senate April 1993 1993-04-26 Senate Journal Page 1786 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BELTZ ROOM 211 APR 27 TUESDAY 0:00 AM ****TO MEET AT ADJOURNMENT, TO CALL OF CHAIR HB 71 DISSOLUTION OF NATIVE CORPORATIONS HB 253 FISHERIES BUSINESS TAXES ---------------------------------------- FINANCE SENATE FINANCE 518 APR 26 MONDAY 8:00 AM HB 67 ELIGIBILITY FOR PUBLIC ASSISTANCE HB 102 PANEL MEMBERS ON AK LABOR REL. AGENCY HB 151 PAYMENT BY INDIGENTS FOR LEGAL SERVICES HJR 11 REPEAL OF REGULATIONS BY LEGISLATURE HB 78 TESTIMONY OF MINORS IN CRIMINAL TRIALS <PENDING REFERRAL> SB 99 FINANCIAL ADMINISTRATION OF STATE GOVT. APR 27 TUESDAY 9:00 AM ********CANCELLED*********** HB 67 ELIGIBILITY FOR PUBLIC ASSISTANCE HB 69 SEX OFFENDER REGISTRATION HB 113 CHARITABLE & TELEPHONIC SOLICITING/SALES HB 133 DEFINITION OF VALUE FOR FISHERIES TAX HB 171 MEDICAID COVERAGE FOR HOSPICE CARE HB 225 NOTICE OF APPROPRIATIONS ON PFD'S HB 235 SPECIAL EDUCATION & RELATED SERVICES ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 26 MONDAY 1:30 PM ***CANCELLED - RESCHEDULED TO 04-27-93*** HB 73 ANCSA STATE TAX EXEMPTIONS HB 78 TESTIMONY OF MINORS IN CRIMINAL TRIALS HB 109 BLOOD TESTS ON SEX CRIME PERPETRATORS HB 160 LIABILITY OF DESIGN/CONSTRUCTION PROS HB 170 EXTEND BOARD OF MARINE PILOTS BILLS PREVIOUSLY HEARD 1993-04-26 Senate Journal Page 1787 JUDICIARY CONTINUED APR 27 TUESDAY 1:30 PM **1:30 PM OR UPON ADJOURNMENT OF JOINT SESSION** HB 97 PARENTAL CARE FOR CHILD IN STATE CUSTODY HB 101 NATIONAL ELECTRICAL CODE HB 167 AIR QUALITY CONTROL PROGRAM BILLS PREVIOUSLY HEARD OR SCHEDULED HB 73 ANCSA STATE TAX EXEMPTIONS HB 78 TESTIMONY OF MINORS IN CRIMINAL TRIALS HB 109 BLOOD TESTS ON SEX CRIME PERPETRATORS HB 160 LIABILITY OF DESIGN/CONSTRUCTION PROS HB 170 EXTEND BOARD OF MARINE PILOTS ---------------------------------------- LABOR & COMMERCE FAHRENKAMP ROOM 203 APR 27 TUESDAY 1:30 PM HJR 20 AMEND N. AMERICAN FREE TRADE AGREEMENT HB 54 TELEPHONE CONSUMER PROTECTION HB 158 APPROP: CONTRACT SETTLEMENT COSTS HB 196 STATE EMPLOYMENT VETERANS PREFERENCE HB 249 ELECTRICAL/MECHANICAL TRADESPERSONS BILLS PREVIOUSLY HEARD HB 180 AHFC HOUSING INSPECTION REQUIREMENTS ---------------------------------------- RULES FAHRENKAMP ROOM 203 APR 26 MONDAY 0:00 AM ..TO MEET AT A CALL OF THE CHAIR HB 254 OPEN MEETING ACT HB 81 PHASE OUT LONGEVITY BONUS APR 27 TUESDAY 0:00 AM ..TO MEET AT CALL OF THE CHAIR SB 99 FINANCIAL ADMINISTRATION OF STATE GOVT. HCR 20 MILITARY SCHOOL TASK FORCE SPECIAL COMMITTEES SPECIAL COMMITTEE ON OIL AND GAS FAHRENKAMP ROOM 203 APR 27 TUESDAY 5:00 PM **NOTE LOCATION CHANGE TO FAHRENKAMP ROOM 203** HCR 19 ENCOURAGE SALE OF STATE ROYALTY GAS 1993-04-26 Senate Journal Page 1788 JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 55 SENATE FINANCE 518 APR 26 MONDAY 0:00 AM ***TIME TO BE ANNOUNCED*** ADMINISTRATION TRANSPORTATION & PUBLIC FACILITIES UNIVERSITY CORRECTIONS FISH & GAME APR 27 TUESDAY 0:00 AM ***TIME TO BE ANNOUNCED*** COURTS GOVERNOR'S OFFICE LEGISLATURE APR 28 WEDNESDAY 0:00 AM ***TIME TO BE ANNOUNCED*** OPEN ITEMS, MISCELLANEOUS APR 29 THURSDAY 0:00 AM ***TIME TO BE ANNOUNCED*** FISCAL NOTES FRONT SECTION OTHER COMMITTEES MAJORITY CAUCUS PRESIDENT'S OFFICE APR 26 MONDAY 9:30 AM MAJORITY CAUCUS APR 27 TUESDAY 9:00 AM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 APR 26 MONDAY 9:30 AM MINORITY CAUCUS APR 27 TUESDAY 9:00 AM MINORITY CAUCUS ---------------------------------------- 1993-04-26 Senate Journal Page 1789 JOINT SESSION HOUSE CHAMBER APR 27 TUESDAY 11:00 AM SENATE AND HOUSE WILL MEET IN JOINT SESSION TO CONSIDER CONFIRMATION OF GOVERNOR'S APPOINTMENTS