Legislature(1993 - 1994)
1993-04-29 Senate Journal
Full Journal pdf1993-04-29 Senate Journal Page 1897 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Thursday April 29, 1993 One Hundred Ninth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:21 a.m. The roll showed twenty members present. The prayer was offered by the Chaplain, Kayla Epstein of the Juneau Jewish Community. Senator Duncan led the Senate in the pledge of allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundred eighth legislative day be approved as certified by the Secretary with the following corrections: Page 1892: HOUSE BILL NO. 160 is presently in the Judiciary Committee. Page 1893: CS FOR HOUSE BILL NO. 167(FIN) was referred to the Rules Committee. Without objection, it was so ordered. MESSAGES FROM THE GOVERNOR HJR 18 Message of April 28 was read, stating the Governor signed the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1897 1993-04-29 Senate Journal Page 1898 HJR 18 HOUSE JOINT RESOLUTION NO. 18 Relating to establishment of a fishing community at Adak. Legislative Resolve No. 10 HB 120 Message of April 28 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 120 "An Act changing the date by which jury lists must be prepared; requiring the use of the list of the current year's permanent fund dividend applicants in preparing the jury list; and changing the date by which state departments must submit certain lists to the Alaska Court System." Chapter 7, SLA 1993 Effective Date: July 27, 1993 MESSAGES FROM THE HOUSE SB 71 Message of April 27 was read, stating the House passed and returned for consideration CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71(FIN) am with the following amendment: HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 71(HES) "An Act relating to emergency medical services; and repealing obsolete references to the Statewide Health Coordinating Council and health systems agencies." Senator Taylor moved that the Senate concur in the House amendment. 1993-04-29 Senate Journal Page 1899 SB 71 The question being: "Shall the Senate concur in the House amendment to CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71(FIN) am?" The roll was taken with the following result: HCS CSSS SB 71(HES) Shall the Senate concur in House amendment to CSSS SB 71(FIN) AM? 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, the Senate concurred in the House amendment, thus passing HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71(HES) "An Act relating to emergency medical services; and repealing obsolete references to the Statewide Health Coordinating Council and health systems agencies." The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71(HES) was referred to the Secretary for enrollment. SB 129 Message of April 27 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 129(FIN) am with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 129(STA) "An Act relating to state procurement; and providing for an effective date." Senator Taylor moved that the Senate concur in the House amendment. Senator Adams objected. 1993-04-29 Senate Journal Page 1900 SB 129 The question being: "Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 129(FIN) am?" The roll was taken with the following result: HCS CSSB 129(STA) Shall the Senate concur in House amendment to CSSB 129(FIN) AM? YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Little, Miller, Pearce, Phillips, Salo, Sharp, Taylor, Zharoff Nays: Kerttula, Rieger and so, the Senate concurred in the House amendment, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 129(STA) "An Act relating to state procurement; and providing for an effective date." 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. Without objection, it was so ordered. The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 129(STA) was referred to the Secretary for enrollment. SB 149 Message of April 27 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 149(FIN) with the following amendment: 1993-04-29 Senate Journal Page 1901 SB 149 HOUSE CS FOR CS FOR SENATE BILL NO. 149(JUD) "An Act revising the laws governing financial institutions and relating to trust companies, the Alaska Small Loans Act, and the Premium Financing Act; amending Alaska Rule of Criminal Procedure 17 and Alaska Rule of Civil Procedure 45(b); and providing for an effective date." Senator Taylor moved that the Senate concur in the House amendment. Senator Duncan objected. Senator Taylor withdrew his motion. Senator Duncan moved and asked unanimous consent that the House message concerning HOUSE CS FOR CS FOR SENATE BILL NO. 149(JUD) and CS FOR SENATE BILL NO. 149(FIN) be held to April 30. Without objection, it was so ordered. STANDING COMMITTEE REPORTS HB 253 The Community and Regional Affairs Committee considered 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" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 253(CRA), entitled: "An Act relating to the administration of fisheries business licenses and the fisheries business tax, and amending the basis for determining refunds to local governments under the program of shared fisheries taxes; and providing for an effective date." Signing no recommendation: Senator Phillips, Chair, Senators Adams, Leman, Zharoff. 1993-04-29 Senate Journal Page 1902 HB 253 Fiscal note for the Senate committee substitute published today from Department of Revenue. HOUSE BILL NO. 253 was referred to the Judiciary Committee. SB 89 The Rules Committee considered SENATE BILL NO. 89 "An Act making appropriations for capital project matching grant programs; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger. Signing no recommendation: Senator Little. SENATE BILL NO. 89 is on today's calendar. SB 150 The Rules Committee considered SENATE BILL NO. 150 "An Act providing for oil and gas exploration licenses, and oil and gas leases, in certain areas of the state; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger. Signing no recommendation: Senator Little. SENATE BILL NO. 150 is on today's calendar. SB 175 The Rules Committee considered SENATE BILL NO. 175 "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senator Rieger. Signing no recommendation: Senator Little. SENATE BILL NO. 175 is on today's calendar. 1993-04-29 Senate Journal Page 1903 HB 64 The Rules Committee considered CS FOR HOUSE BILL NO. 64(FIN) "An Act creating the crimes of stalking in the first and second degrees and providing penalties for their violation; providing a peace officer with the authority to arrest without a warrant a person the peace officer has reasonable cause to believe has committed stalking; relating to the release before trial of a person accused of stalking; prohibiting the suspension of imposition of sentence of a person convicted of stalking; relating to the crime of assault in the third degree; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senator Rieger. Signing no recommendation: Senator Little. CS FOR HOUSE BILL NO. 64(FIN) is on today's calendar. HB 67 The Rules Committee considered CS FOR HOUSE BILL NO. 67(FIN)(efd fld) "An Act relating to eligibility for and payments of public assistance." Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger. Signing do not pass: Senator Little. CS FOR HOUSE BILL NO. 67(FIN)(efd fld) is on today's calendar. HB 69 The Rules Committee considered CS FOR HOUSE BILL NO. 69(FIN) "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger, Little. CS FOR HOUSE BILL NO. 69(FIN) is on today's calendar. HB 81 The Rules Committee considered CS FOR HOUSE BILL NO. 81(FIN) am "An Act relating to the longevity bonus program" and recommended it be replaced with 1993-04-29 Senate Journal Page 1904 HB 81 SENATE CS FOR CS FOR HOUSE BILL NO. 81(RLS) Signing to calendar and do pass: Senator Jacko, Chair, Senator Rieger. Signing no recommendation: Senator Halford. Signing do not pass: Senator Little. Fiscal notes for the Senate committee substitute published today from Department of Administration (2) and Department of Health and Social Services. CS FOR HOUSE BILL NO. 81(FIN) am is on today's calendar. HB 102 The Rules Committee considered CS FOR HOUSE BILL NO. 102(FIN) "An Act relating to the Alaska Labor Relations Agency; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger. Signing no recommendation: Senator Little. CS FOR HOUSE BILL NO. 102(FIN) is on today's calendar. HB 116 The Rules Committee considered CS FOR HOUSE BILL NO. 116(FIN)(title am) "An Act amending the manner of determining the royalty received by the state on gas production, and directing the commissioner of natural resources to accept, under certain circumstances, the contract price agreed to between a lessee of federal land and a gas or electric utility as the value of the federal government's royalty share from natural gas production on federal land from which the state is entitled under applicable federal law to receive a share of the royalty on gas production; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senators Rieger, Halford. CS FOR HOUSE BILL NO. 116(FIN)(title am) is on today's calendar. 1993-04-29 Senate Journal Page 1905 HB 148 The Rules Committee considered HOUSE BILL NO. 148 "An Act exempting the University of Alaska from the administrative adjudication provisions of the Administrative Procedure Act; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senators Rieger, Halford. HOUSE BILL NO. 148 is on today's calendar. HB 151 The Rules 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 to calendar: Senator Jacko, Chair, Senators Halford, Rieger. Signing no recommendation: Senator Little. CS FOR HOUSE BILL NO. 151(FIN) is on today's calendar. HB 178 The Rules 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." Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger. Signing no recommendation: Senator Little. HOUSE BILL NO. 178 is on today's calendar. 1993-04-29 Senate Journal Page 1906 HB 196 The Rules Committee considered SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 "An Act relating to the state employment preference for veterans and prisoners of war." Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger. Signing no recommendation: Senator Little. SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 is on today's calendar. HB 213 The Rules Committee considered CS FOR HOUSE BILL NO. 213(RES)(title am) "An Act prohibiting the commissioner of natural resources from permanently classifying state land, water, or land and water so that mining, mineral entry and location, mineral prospecting, and mineral leasing are precluded or are designated an incompatible use without an act of the legislature if the area involved contains more than 640 contiguous acres except in certain situations; 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. 213(RES)(title am) is on today's calendar. HB 236 The Rules Committee considered CS FOR HOUSE BILL NO. 236(RLS) am "An Act relating to notices for the sale of certain real property." Signing to calendar: Senator Jacko, Chair, Senator Rieger. Signing no recommendation: Senator Little. CS FOR HOUSE BILL NO. 236(RLS) am is on today's calendar. HB 293 The Rules Committee considered HOUSE BILL NO. 293 "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault." Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger. Signing no recommendation: Senator Little. 1993-04-29 Senate Journal Page 1907 HB 293 HOUSE BILL NO. 293 is on today's calendar. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 7 SENATE CONCURRENT RESOLUTION NO. 7 by SENATOR PEARCE, Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 76, relating to charitable gaming. was read the first time. Zero fiscal note published today from the Senate Rules Committee. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 89 SENATE BILL NO. 89 "An Act making appropriations for capital project matching grant programs; and providing for an effective date" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1860. Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 89(FIN) was adopted. CS FOR SENATE BILL NO. 89(FIN) was read the second time. 1993-04-29 Senate Journal Page 1908 SB 89 Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 89(FIN) be considered engrossed, advanced to third reading and placed on final passage. Senator Lincoln objected. The question being: "Shall CS FOR SENATE BILL NO. 89(FIN) advanced to third reading?" The roll was taken with the following result: CSSB 89(FIN) 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 be advanced to third reading. SB 150 SENATE BILL NO. 150 "An Act providing for oil and gas exploration licenses, and oil and gas leases, in certain areas of the state; and providing for an effective date" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1860. Senator Duncan objected. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 150 be placed at the bottom of Second Reading of Bills. Without objection, it was so ordered. 1993-04-29 Senate Journal Page 1909 SB 175 SENATE BILL NO. 175 "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1102. Senator Adams objected. Senator Pearce moved and asked unanimous consent that SENATE BILL NO. 175 be returned to the Rules Committee. Without objection, it was so ordered. HB 64 CS FOR HOUSE BILL NO. 64(FIN) "An Act creating the crimes of stalking in the first and second degrees and providing penalties for their violation; providing a peace officer with the authority to arrest without a warrant a person the peace officer has reasonable cause to believe has committed stalking; relating to the release before trial of a person accused of stalking; prohibiting the suspension of imposition of sentence of a person convicted of stalking; relating to the crime of assault in the third degree; and providing for an effective date" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1689. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 64(FIN) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 64(FIN) was read the second time. 1993-04-29 Senate Journal Page 1910 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 12:28 p.m. AFTER RECESS The Senate reconvened at 1:15 p.m. HB 64 Senator Adams offered Amendment No. 1 : Page 2, lines 23 - 27: Delete all material. Senator Taylor called the Senate. The call was satisfied. Senator Adams moved for the adoption of Amendment No. 1. Senator Miller objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 64(FIN) Second Reading Amendment No. 1 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Lincoln, Little, Pearce, Rieger, Salo, Zharoff Nays: Halford, Jacko, Kelly, Kerttula, Leman, Miller, Phillips, Sharp, Taylor and so, Amendment No. 1 was adopted. Amendment No. 2 was not offered. 1993-04-29 Senate Journal Page 1911 HB 64 Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 64(FIN) am S be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected, then withdrew his objection, There being no further objections, the bill was advanced to third reading. SENATE CS FOR CS FOR HOUSE BILL NO. 64(FIN) am S was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 64(FIN) am S "An Act creating the crimes of stalking in the first and second degrees and providing penalties for their violation; providing a peace officer with the authority to arrest without a warrant a person the peace officer has reasonable cause to believe has committed stalking; relating to the release before trial of a person accused of stalking; prohibiting the suspension of imposition of sentence of a person convicted of stalking; relating to the crime of assault in the third degree; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 64(FIN) AM S Third Reading - Final Passage Effective Date 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 Taylor changed from "Nay" to "Yea". Jacko changed from "Nay" to "Yea". Halford changed from "Nay" to "Yea". 1993-04-29 Senate Journal Page 1912 HB 64 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 64(FIN) am S 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. Without objection, it was so ordered. HB 67 CS FOR HOUSE BILL NO. 67(FIN)(efd fld) "An Act relating to eligibility for and payments of public assistance" was read the second time. Senator Frank moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1861. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 67(FIN) "An Act relating to eligibility for and payments of public assistance; and providing for an effective date" was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 67(FIN) was read the second time. Senator Ellis offered Amendment No. 1 : Page 2, lines 13 - 21: Delete all material and insert: "(d) If benefits under 42U.S.C. 1381 - 1383 [42 U.S.C. 1381 - 1385] (Social Security Act Supplemental Security Income Program) are increased because of an increase in the cost of living, the department shall increase the monetary maximums in (a) of this section by a percentage equal to the percentage increase in benefits under 1993-04-29 Senate Journal Page 1913 HB 67 42 U.S.C. 1381 - 1383, except that the department may not increase the monetary maximums based on an increase in benefits under 42U.S.C. 1381 - 1383 that (1) takes effect at any time during the calendar year that begins on January 1, 1994; or (2) took effect on January 1, 1993 [42 U.S.C. 1381 - 1385]." Page 2, line 27, through page 3, line 15: Delete all material and insert: "(b) The department shall determine the amount of assistance with regard to the resources and needs of the person and the conditions existing in each case. Assistance shall be in an amount that will provide the applicant with reasonable subsistence compatible with decency and health in accordance with standards established by the department and with the standards established under 42U.S.C. 1381 - 1383 [42 U.S.C. 1381 - 1385] (Title XVI, Social Security Act Supplemental Security Income Program). When benefit amounts under 42U.S.C. 1381 - 1383 [42 U.S.C. 1381 - 1385] are increased as a result of an increase in the cost of living, the state shall pass along the increase to recipients and shall increase the amount of the state contribution to recipients by a percentage of the state contribution equal to the percentage increase in the benefit amounts under 42U.S.C. 1381 - 1383, except that the department may not increase the amount of the state contribution based on a percentage increase in benefits under 42U.S.C. 1381 - 1383 that (1) takes effect at any time during the calendar year that begins on January 1, 1994; or (2) took effect in the calendar year that began on January 1, 1993 [42 U.S.C. 1381 - 1385]. Direct payments for medical services and remedial care may not be considered in determining the maximum amount payable." 1993-04-29 Senate Journal Page 1914 HB 67 Senator Ellis moved for the adoption of Amendment No. 1. Senator Pearce objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 67(FIN) 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 Ellis offered Amendment No. 2 : Page 2, line 21, after "effect": Insert ". The department shall also increase the monetary maximums in (a) of this section if the department determines during a calendar year that assistance under (a)(2)(A) of this section is less than 75 percent of the federal poverty guideline for Alaska for a family unit with two members as determined by the secretary of the Department of Health and Human Services under 42 U.S.C. 9902(2); if the department makes this determination, the department shall increase all of the monetary maximums under (a) of this section by a percentage that equals the percentage increase in benefits under 42 U.S.C. 1381 - 1383 that takes place the first time that the federal benefits under 42 U.S.C. 1381 - 1383 are increased after the calendar year in which the department makes the determination; this increase takes effect the same day as the federal increase in benefits under 42 U.S.C. 1381 - 1383 takes effect" 1993-04-29 Senate Journal Page 1915 HB 67 Page 3, line 13, after "effect": Insert ". The state shall also increase the state's contribution to recipients other than those receiving a personal needs allowance if the department determines during a calendar year that assistance under this section to an eligible individual living independently, when added to the individual's other countable income as determined under regulations of the department, is less than 100 percent of the federal poverty guideline for Alaska for a family unit with one member as determined by the secretary of the Department of Health and Human Services under 42 U.S.C. 9902(2); if the department makes this determination, the state shall increase the state's contribution to all recipients, other than those receiving a personal needs allowance, by a percentage that equals the percentage increase in benefits under 42 U.S.C. 1381 - 1383 that takes place the first time that the federal benefits under 42 U.S.C. 1381 - 1383 are increased after the calendar year in which the department makes the determination; this increase takes effect the same day as the federal increase in benefits under 42 U.S.C. 1381 - 1383 takes effect" Senator Ellis moved for the adoption of Amendment No. 2. Senator Miller objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 67(FIN) Second Reading Amendment No. 2 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff 1993-04-29 Senate Journal Page 1916 HB 67 Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 2 failed. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 67(FIN) be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 67(FIN) be advanced to third reading?" The roll was taken with the following result: SCS CSHB 67(FIN) 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 be advanced to third reading. The Senate advanced to: UNFINISHED BUSINESS SB 6 Senator Kerttula moved and asked unanimous consent that SENATE BILL NO. 6 "An Act amending and making effective an annuity program and amendments to the longevity bonus program and the permanent fund dividend program provided for in secs. 2 - 18, ch. 99, SLA 1985; and providing for an effective date" be withdrawn. Without objection, it was so ordered. 1993-04-29 Senate Journal Page 1917 HB 64 Senator Ellis gave notice of reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 64(FIN) am S "An Act creating the crimes of stalking in the first and second degrees and providing penalties for their violation; providing a peace officer with the authority to arrest without a warrant a person the peace officer has reasonable cause to believe has committed stalking; relating to the release before trial of a person accused of stalking; prohibiting the suspension of imposition of sentence of a person convicted of stalking; relating to the crime of assault in the third degree; and providing for an effective date" and moved and asked unanimous consent that it be taken up at this time. Senator Pearce objected. The question being: "Shall the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 64(FIN) am S be taken up on the same legislative day?" The roll was taken with the following result: SCS CSHB 64 (FIN) am S Take up reconsideration 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 motion failed. CONSIDERATION OF THE CALENDAR CONTINUED HB 69 CS FOR HOUSE BILL NO. 69(FIN) "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)" was read the second time. 1993-04-29 Senate Journal Page 1918 HB 69 Senator Taylor offered Amendment No. 1 : Page 4, line 27: Delete "$5" Insert "$10" Senator Taylor moved for the adoption of Amendment No. 1. Senator Ellis objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 69(FIN) Second Reading Amendment No. 1 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, Amendment No. 1 was adopted. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 69(FIN) am S be advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall CS FOR HOUSE BILL NO. 69(FIN) am S be advanced to third reading?" The roll was taken with the following result: CSHB 69(FIN) am S Advance from Second to Third Reading? 1993-04-29 Senate Journal Page 1919 HB 69 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 be advanced to third reading. HB 81 CS FOR HOUSE BILL NO. 81(FIN) am "An Act relating to the longevity bonus program" was read the second time. Senator Jacko moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 1904. Senator Little objected. The question being: "Shall the Rules Senate Committee Substitute be adopted?" The roll was taken with the following result: CSHB 81 (FIN) AM Adopt Rules Senate Committee Substitute? 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 CS FOR CS FOR HOUSE BILL NO. 81(RLS) was adopted. Senator Duncan announced a minority caucus. 1993-04-29 Senate Journal Page 1920 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 2:15 p.m. AFTER RECESS The Senate reconvened at 2:55 p.m. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 8 SENATE CONCURRENT RESOLUTION NO. 8 by SENATOR SHARP, Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 106, relating to energy projects, programs, and funds. was read the first time. Zero fiscal note published today from the Senate Rules Committee. SCR 9 SENATE CONCURRENT RESOLUTION NO. 9 by SENATOR SHARP, Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 126, making special appropriations for energy programs, projects, and funds. was read the first time. 1993-04-29 Senate Journal Page 1921 SCR 9 Zero fiscal note published today from the Senate Rules Committee. CONSIDERATION OF THE CALENDAR CONTINUED SECOND READING OF HOUSE BILLS CONTINUED HB 81 SENATE CS FOR CS FOR HOUSE BILL NO. 81(RLS) was read the second time. Senators Kerttula, Donley, Little, Ellis offered Amendment No. 1 : Page 1, line 1, through page 4, line 16: Delete all material and insert: ""An Act amending and making effective an annuity program and amendments to the longevity bonus program and the permanent fund dividend program provided for in secs. 2 - 18, ch. 99, SLA 1985; and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. AS 43.23.005(d), as enacted by sec. 3, ch. 99, SLA 1985, is amended to read: (d) A person who is eligible to receive a permanent fund dividend under this section, or who is authorized to claim a dividend on behalf of another under (c) of this section, may elect to receive the dividend either in cash or as an annuity credit. Alternatively, a person may elect to receive 25 percent, 50 percent, or 75 percent of the dividend in cash and the remainder as an annuity credit. A person who is 65 years of age on or before January 1, 1995, [1988] may only receive the permanent fund dividend in cash and may not elect to receive an annuity credit. * Sec. 2. AS 43.23.110(a), as enacted by sec. 16, ch. 99, SLA 1985, is amended to read: (a) The annuity investment fund is established as a separate fund in the state treasury. The annuity investment fund consists of 1993-04-29 Senate Journal Page 1922 HB 81 money transferred from the dividend fund, cash contributions under AS 43.23.125, and income earned by the annuity investment fund. Notwithstanding AS 37.13.145, an amount equal to the permanent fund dividends taken as annuity credits under this chapter shall be annually transferred from the dividend fund to the annuity investment fund. * Sec. 3. AS 43.23.110(b), as enacted by sec. 16, ch. 99, SLA 1985, is amended to read: (b) Money in the annuity investment fund shall be invested under AS 37.10.071 by the commissioner of revenue [IN INVESTMENTS AUTHORIZED UNDER AS 39.35.110]. The commissioner of administration shall credit the net income of the annuity investment fund to the individual annuity accounts and the annuity reserve account. * Sec. 4. AS 43.23 is amended by adding a new section to read: Sec. 43.23.125. CASH CONTRIBUTIONS. An individual who is eligible to receive the permanent fund dividend as an annuity credit under AS 43.23.005(d) but does not elect to do so or who elects to receive only a portion of the permanent fund dividend as an annuity credit may make a cash contribution to that individual's annuity account. The cash contribution for a dividend year must be received by the Department of Administration before September 30 of the year following that dividend year. The total amount of the annuity credit and the cash contributions to an annuity account for a year may not exceed the amount of the permanent fund dividend for that year. * Sec. 5. AS 43.23.130(a), as enacted by sec. 16, ch. 99, SLA 1985, is amended to read: (a) An individual with one or more annuity credits or cash contributions under AS 43.23.125 may receive an annuity upon reaching the age of 65. * Sec. 6. AS 43.23.130(b), as enacted by sec. 16, ch. 99, SLA 1985, is amended to read: (b) An annuity under this section is a monthly payment based upon the principal and accrued interest in the person's annuity account. Upon appointment to receive an annuity, the account balance shall be transferred to the annuity reserve account. The 1993-04-29 Senate Journal Page 1923 HB 81 [AN] annuity shall be paid from the annuity reserve account as a straight life annuity or other payment plan authorized by the commissioner of administration [THE DEPARTMENT OF ADMINISTRATION]. The size of the annuity may not vary on account of the individual's sex. * Sec. 7. AS 43.23.130(e), as enacted by sec. 16, ch. 99, SLA 1985, is repealed and reenacted to read: (e) If a person elects to credit a permanent fund dividend or make a cash contribution to an annuity account and dies before age 65, a lump sum payment shall be made to that person's designated beneficiary or beneficiaries. The lump sum payment includes all dividends or cash contributions credited to the person's annuity account and interest earned on the account. A person may change or revoke a designation without notice to the beneficiary or beneficiaries at any time. If a person designates more than one beneficiary, each shares equally unless the person specifies a different allocation or preference. The designation, change, or revocation of beneficiary shall be made on a form provided by the commissioner of administration and is not effective until it is filed with the commissioner. If there is no beneficiary designated or surviving, the lump sum payment shall be paid to the (1) surviving spouse; (2) if there is no surviving spouse, in equal parts to the surviving children including adopted children; (3) if there is no surviving spouse or child, in equal parts to the surviving parents; or (4) if there is no surviving spouse, child, or parent, to the estate of the deceased. * Sec. 8. AS 43.23 is amended by adding a new section to read: Sec. 43.23.135. EMERGENCY WITHDRAWALS. An individual may make a withdrawal from that individual's annuity account before reaching the age of 65 if the individual establishes to the satisfaction of the commissioner of administration that the withdrawal is necessary to meet an unforeseeable emergency. The amount withdrawn may not exceed the total amount in the individual's annuity account or the amount actually necessary to meet the emergency, whichever is less. The commissioner shall 1993-04-29 Senate Journal Page 1924 HB 81 define the term "unforeseeable emergency" by regulation. An individual may only make one withdrawal under this section and may pay it back with interest under terms established by the commissioner. An individual who has made a withdrawal under this section may not elect to credit a dividend or make a cash contribution to an annuity account for two years after the withdrawal. * Sec. 9. AS 47.45.015, as enacted by sec. 18, ch. 99, SLA 1985, is amended to read: Sec. 47.45.015. AMOUNT OF BONUS. (a) Except as provided in (b) of this section, the monthly longevity bonus is equal to $250, minus the maximum possible straight life annuity [FOR A PERSON 65 YEARS OF AGE] under the annuity program (AS 43.23.110 - 43.23.130), as determined by the commissioner of administration. The maximum possible straight life annuity equals the amount a person would receive if that person became 65 on January 2, 1995, and contributed 100 percent of all permanent fund dividends or the cash equivalency to the annuity program for every year after December 31, 1993. However, for purposes of this section the maximum possible straight life annuity may not exceed the amount that a person turning 65 in the current year would receive if that person had contributed 100 percent of all permanent fund dividends or the cash equivalency to the annuity program for every year after December 31, 1994. (b) A person who is 65 years of age on or before January 1, 1995 [1988], is entitled to the full longevity bonus payment without reduction for the annuity program. * Sec. 10. AS 43.23.110(c), as enacted by sec. 16, ch. 99, SLA 1985, and sec. 1, ch. 99, SLA 1985, are repealed. * Sec. 11. Chapter 99, SLA 1985, and secs. 1 - 10 of this Act apply only to permanent fund dividends for years beginning after December 31, 1993. Notwithstanding the amendments to AS 43.23 made by ch. 99, SLA 1985, and this Act, permanent fund dividends for 1993 and prior years shall be made under the law as it existed before the effective date of this Act. * Sec. 12. Nothing in this Act repeals or amends by implication amendments to AS 43.23 or AS 47.45 enacted after 1985. 1993-04-29 Senate Journal Page 1925 HB 81 * Sec. 13. This Act takes effect immediately under AS 01.10.070(c)." Senator Kerttula moved for the adoption of Amendment No. 1. Senator Taylor objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 81(RLS) 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 moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 81(RLS) be considered engrossed, advanced to third reading and placed on final passage. Senator Little objected. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 81(RLS) be advanced to third reading?" The roll was taken with the following result: SCS CSHB 81(RLS) Advance from Second to Third Reading? 1993-04-29 Senate Journal Page 1926 HB 81 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 CS FOR CS FOR HOUSE BILL NO. 81(RLS) failed to be advanced to third reading. HB 102 CS FOR HOUSE BILL NO. 102(FIN) "An Act relating to the Alaska Labor Relations Agency; 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 Senate Committee Substitute offered on page 1355. Senator Little objected, then withdrew her objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 102(L&C) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 102(L&C) was read the second time. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 102(L&C) be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. Senator Lincoln offered Amendment No. 1 : Page 1, line 7: add after "governor" "and at least one from each judicial district" Senator Lincoln moved for the adoption of Amendment No. 1. Senator Kelly objected. 1993-04-29 Senate Journal Page 1927 HB 102 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 102(L&C) 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. Objections to the advancement motion were maintained. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 102(L&C) be advanced to third reading?" The roll was taken with the following result: SCS CSHB 102(L&C) Advance from Second to Third Reading? YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Leman, Miller, Pearce, Phillips, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Jacko, Kelly, Kerttula, Lincoln, Little, Rieger, Salo, Zharoff and so, the bill failed to be advanced to third reading. 1993-04-29 Senate Journal Page 1928 HB 116 CS FOR HOUSE BILL NO. 116(FIN)(title am) "An Act amending the manner of determining the royalty received by the state on gas production, and directing the commissioner of natural resources to accept, under certain circumstances, the contract price agreed to between a lessee of federal land and a gas or electric utility as the value of the federal government's royalty share from natural gas production on federal land from which the state is entitled under applicable federal law to receive a share of the royalty on gas production; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 116(FIN)(title am) be advanced to third reading and placed on final passage. Senator Adams objected. The question being: "Shall CS FOR HOUSE BILL NO. 116(FIN)(title am) be advanced to third reading?" The roll was taken with the following result: CSHB 116(FIN)(TITLE 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, the bill failed to advance to third reading. HB 148 HOUSE BILL NO. 148 "An Act exempting the University of Alaska from the administrative adjudication provisions of the Administrative Procedure Act; and providing for an effective date" was read the second time. 1993-04-29 Senate Journal Page 1929 HB 148 Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 148 be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 148 was read the third time. Senator Leman moved and asked unanimous consent that the State Affairs Committee Letter of Intent (page 1651) be adopted. Senator Kerttula objected, then withdrew his objection. There being no further objections, the Senate Letter of Intent was adopted. The question being: "Shall HOUSE BILL NO. 148 "An Act exempting the University of Alaska from the administrative adjudication provisions of the Administrative Procedure Act; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 148 Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Donley, Kerttula, Little, Phillips and so, HOUSE BILL NO. 148 passed the Senate with a Senate Letter of Intent. 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. Without objection, it was so ordered. Senator Donley gave notice of reconsideration. 1993-04-29 Senate Journal Page 1930 HB 151 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" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 151(FIN) be advanced to third reading and placed on final passage. Senator Little objected. The question being: "Shall CS FOR HOUSE BILL NO. 151(FIN) be advanced to third reading?" The roll was taken with the following result: CSHB 151(FIN) 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. HB 178 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" was read the second time. 1993-04-29 Senate Journal Page 1931 HB 178 Senator Rieger moved and asked unanimous consent for the adoption of the Health, Education and Social Services Senate Committee Substitute offered on page 1473. Without objection, SENATE CS FOR HOUSE BILL NO. 178(HES) was adopted. SENATE CS FOR HOUSE BILL NO. 178(HES) was read the second time. Senator Adams offered Amendment No. 1 : Page 3, after line 29: Insert new bill sections to read: "* Sec. 2. AS 47.07.030(b) is amended to read: (b) In addition to the mandatory services specified in (a) of this section, the department may offer only the following optional services: case management and nutrition services for pregnant women; personal care services in a recipient's home; emergency hospital services; long-term care noninstitutional services; medical supplies and equipment; advanced nurse practitioner services; clinic services; rehabilitative services for substance abusers and emotionally disturbed or chronically mentally ill adults; targeted case management services for substance abusers, chronically mentally ill adults, and severely emotionally disturbed persons under the age of 21; inpatient psychiatric facility services for individuals age 65 or older and individuals under age 21; psychologists' services; clinical social workers' services; home and community care for functionally disabled individuals age 65 or older; prescribed drugs; physical therapy; occupational therapy; chiropractic services; low-dose mammography screening, as defined in AS 21.42.375(e); treatment of speech, hearing, and language disorders; adult dental services; prosthetic devices and eyeglasses; optometrists' services; intermediate care facility services, including intermediate care facility services for the mentally retarded; skilled nursing facility services for individuals under age 21; and reasonable transportation to and from the point of medical care. * Sec. 3. AS 47.07.030(b) is amended to read: (b) In addition to the mandatory services specified in (a) of 1993-04-29 Senate Journal Page 1932 HB 178 this section, the department may offer only the following optional services: case management and nutrition services for pregnant women; personal care services in a recipient's home; emergency hospital services; long-term care noninstitutional services; medical supplies and equipment; advanced nurse practitioner services; clinic services; rehabilitative services for substance abusers and emotionally disturbed or chronically mentally ill adults; targeted case management services for substance abusers, chronically mentally ill adults, and severely emotionally disturbed persons under the age of 21; inpatient psychiatric facility services for individuals age 65 or older and individuals under age 21; psychologists' services; clinical social workers' services; [HOME AND COMMUNITY CARE FOR FUNCTIONALLY DISABLED INDIVIDUALS AGE 65 OR OLDER;] prescribed drugs; physical therapy; occupational therapy; chiropractic services; low-dose mammography screening, as defined in AS 21.42.375(e); treatment of speech, hearing, and language disorders; adult dental services; prosthetic devices and eyeglasses; optometrists' services; intermediate care facility services, including intermediate care facility services for the mentally retarded; skilled nursing facility services for individuals under age 21; and reasonable transportation to and from the point of medical care." Renumber the following bill sections accordingly. Page 4, line 31, after "(19)": Insert "home and community care for functionally disabled individuals age 65 or older; (20)" Renumber the following paragraphs accordingly. Page 5, after line 25: Insert new bill sections to read: "* Sec. 6. AS 47.07.900 is amended by adding a new subsection to read: (18) "home and community care for functionally disabled individuals" means services of the type and under the 1993-04-29 Senate Journal Page 1933 HB 178 circumstances described in 42 U.S.C. 1396t and applicable federal regulations. * Sec. 7. AS 47.07.035(19) and 47.07.900(18) are repealed September 30, 1995. * Sec. 8. Section 3 of this Act takes effect September 30, 1995." Renumber the following bill sections accordingly. Page 5, line 26: Delete "AS 47.07.035(23)" Insert "AS 47.07.035(24)" Page 5, line 27: Delete "3" Insert "5" Page 6, line 4: Delete "2" Insert "4" Page 6, line 5: Delete "4 and 5" Insert "8 - 10" Senator Adams moved for the adoption of Amendment No. 1. Senator Taylor objected. Senator Adams moved and asked unanimous consent that Amendment No. 1 be withdrawn. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that SENATE CS FOR HOUSE BILL NO. 178(HES) be considered engrossed, advanced to third reading and placed on final passage. Senator Little objected. 1993-04-29 Senate Journal Page 1934 HB 178 The question being: "Shall SENATE CS FOR HOUSE BILL NO. 178(HES) be advanced to third reading?" The roll was taken with the following result: SCS HB 178(HES) Advance from Second to Third Reading? 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, the bill was advanced to third reading. SENATE CS FOR HOUSE BILL NO. 178(HES) was read the third time. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 178(HES) "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" pass the Senate?" The roll was taken with the following result: SCS HB 178(HES) Third Reading - Final Passage Effective Date 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, SENATE CS FOR HOUSE BILL NO. 178(HES) passed the Senate. 1993-04-29 Senate Journal Page 1935 HB 178 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. Without objection, it was so ordered. Senator Taylor gave notice of reconsideration. HB 196 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 "An Act relating to the state employment preference for veterans and prisoners of war" was read the second time. Senator Taylor moved and asked unanimous consent that SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 be advanced to third reading and placed on final passage. Senator Adams objected. The question being: "Shall SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 be advanced to third reading?" The roll was taken with the following result: SSHB 196 Advance from Second to Third Reading? YEAS: 10 NAYS: 9 EXCUSED: 0 ABSENT: 1 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Absent: Sharp and so, SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 failed to be advanced to third reading. 1993-04-29 Senate Journal Page 1936 HB 213 CS FOR HOUSE BILL NO. 213(RES)(title am) "An Act prohibiting the commissioner of natural resources from permanently classifying state land, water, or land and water so that mining, mineral entry and location, mineral prospecting, and mineral leasing are precluded or are designated an incompatible use without an act of the legislature if the area involved contains more than 640 contiguous acres except in certain situations; and providing for an effective date" was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 1628. Senator Duncan objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 213(RES) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 213(RES) was read the second time. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 213(RES) be considered engrossed, advanced to third reading and placed on final passage. Senator Little objected. Senator Little offered Amendment No. 1 : Page 3, line 2: Delete "approves" Insert "disapproves" Page 3, line 4: Delete "expires" Insert "becomes final" 1993-04-29 Senate Journal Page 1937 HB 213 Page 3, line 5: Delete "Approval by the Legislature of" Insert "Failure of the Legislature to disapprove" Senator Little moved for the adoption of Amendment No. 1. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 213(RES) Second Reading Amendment No. 1 YEAS: 8 NAYS: 11 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Absent: Kerttula and so, Amendment No. 1 failed. Objections to the advancement motion were maintained. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 213(RES) be advanced to third reading?" The roll was taken with the following result: SCS CSHB 213(RES) Advance from Second to Third Reading? YEAS: 11 NAYS: 8 EXCUSED: 0 ABSENT: 1 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Lincoln, Little, Salo, Zharoff Absent: Kerttula 1993-04-29 Senate Journal Page 1938 HB 213 and so, the bill failed to advance to third reading. HB 236 CS FOR HOUSE BILL NO. 236(RLS) am "An Act relating to notices for the sale of certain real property" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 236(RLS) am be advanced to third reading and placed on final passage. Senator Donley objected. Senator Donley offered Amendment No. 1 : Page 1, line 12, after "property": Insert ", including the property's street address if there is a street address for the property," Page 2, line 1, after "sale": Insert "; an inaccuracy in the street address may not be used to set aside a sale if the legal description is correct" Page 2, after line 23: Insert a new bill section to read: "* Sec. 3. AS 34.20.070(b) is amended to read: (b) Not less than 30 days after the default and not less than three months before the sale the trustee shall record in the office of the recorder of the recording district in which the trust property is located a notice of default setting out (1) the name of the trustor, (2) the book and page where the trust deed is recorded, (3) a description of the trust property, including the property's street address if there is a street address for the property, (4) a statement that a breach of the obligation for which the deed of trust is security has occurred, (5) the nature of the breach, (6) the sum owing on the obligation, (7) the election 1993-04-29 Senate Journal Page 1939 HB 236 by the trustee to sell the property to satisfy the obligation, and (8) the date, time, and place of the sale. An inaccuracy in the street address may not be used to set aside a sale if the legal description is correct. At any time before the sale, if the default has arisen by failure to make payments required by the trust deed, the default may be cured by payment of the sum in default other than the principal which would not then be due if no default had occurred, plus attorney fees or court costs actually incurred by the trustee due to the default. If under the same trust deed notice of default under this subsection has been recorded two or more times previously and the default has been cured under this subsection, the trustee may elect to refuse payment and continue the sale." Senator Donley moved for the adoption of Amendment No. 1. Senator Miller objected. Senator Taylor called the Senate. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 236(RLS) AM Second Reading Amendment No. 1 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Rieger, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Sharp, Taylor and so, Amendment No. 1 failed. Senator Taylor renewed his advancement motion. Senator Little objected. 1993-04-29 Senate Journal Page 1940 HB 236 The question being: "Shall CS FOR HOUSE BILL NO. 236(RLS) am be advanced to third reading?" The roll was taken with the following result: CSHB 236(RLS) 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, the bill failed to advance to third reading. HB 293 HOUSE BILL NO. 293 "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault" was read the second time. Senators Kerttula, Pearce, Taylor, Lincoln, Donley, Ellis, Little, Sharp, Rieger, Duncan, Frank, Zharoff, Leman moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1864. Without objection, SENATE CS FOR HOUSE BILL NO. 293(FIN) was adopted. SENATE CS FOR HOUSE BILL NO. 293(FIN) was read the second time. Senator Taylor moved and asked unanimous consent that SENATE CS FOR HOUSE BILL NO. 293(FIN) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. 1993-04-29 Senate Journal Page 1941HB 293 SENATE CS FOR HOUSE BILL NO. 293(FIN) was read the third time. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 293(FIN) "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault" pass the Senate?" The roll was taken with the following result: SCS HB 293(FIN) 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, SENATE CS FOR HOUSE BILL NO. 293(FIN) passed the Senate. Senator Taylor gave notice of reconsideration. SB 150 SENATE BILL NO. 150 "An Act providing for oil and gas exploration licenses, and oil and gas leases, in certain areas of the state; and providing for an effective date" which had been placed at the bottom of Second Reading of Bills was before the Senate at this time with a motion pending to adopt the Finance Committee Substitute. 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 4:27 p.m. 1993-04-29 Senate Journal Page 1942 AFTER RECESS The Senate reconvened at 5:10 p.m. Senator Pearce called the Senate. SB 150 Senator Ellis maintained his objection to the adoption of the Finance Committee Substitute. The question being: "Shall the Finance Committee Substitute be adopted?" The roll was taken with the following result: SB 150 Adopt Finance CS? 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. 150(FIN) "An Act relating to the exploration and production of oil and gas and related hydrocarbons, to oil and gas exploration licenses and to oil and gas leases in certain areas of the state, and to the proof of financial responsibility required for the operation of facilities for the production of crude oil and associated hydrocarbons and facilities for exploration for oil and gas and related hydrocarbons; and extending the period in which a sale on the five-year oil and gas lease sale schedule may be delayed; and providing for an effective date" was adopted. CS FOR SENATE BILL NO. 150(FIN) was read the second time. Fiscal note for the Finance committee substitute published today from Department of Natural Resources. 1993-04-29 Senate Journal Page 1943 SB 150 Senators Little, Kerttula offered Amendment No. 1 : Page 12, line 5: Delete "1,000,000" Insert "5,000,000" Senator Little moved for the adoption of Amendment No. 1. Senator Taylor objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 150(FIN) Second Reading Amendment No. 1 YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Halford, Kerttula, Leman, Lincoln, Little, Pearce, Rieger, Salo, Zharoff Nays: Frank, Jacko, Kelly, Miller, Phillips, Sharp, Taylor and so, Amendment No. 1 was adopted. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 150(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 150(FIN) am was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 150(FIN) am "An Act relating to the exploration and production of oil and gas and related hydrocarbons, to oil and gas exploration licenses and to oil and gas leases in certain areas of the state, and to the proof of 1993-04-29 Senate Journal Page 1944 SB 150 financial responsibility required for the operation of facilities for the production of crude oil and associated hydrocarbons and facilities for exploration for oil and gas and related hydrocarbons; and extending g the period in which a sale on the five-year oil and gas lease sale schedule may be delayed; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 150(FIN) am Third Reading - Final Passage Effective Date YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Halford, Jacko, Leman, Pearce, Phillips, Rieger, Salo, Taylor Nays: Adams, Duncan, Ellis, Frank, Kelly, Kerttula, Lincoln, Little, Miller, Sharp, Zharoff and so, CS FOR SENATE BILL NO. 150(FIN) am failed. Senator Salo gave notice of reconsideration. THIRD READING OF SENATE BILLS SB 183 CS FOR SENATE BILL NO. 183(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 183(FIN) "An Act making special appropriations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 183 (FIN) Third Reading - Final Passage Effective Date 1993-04-29 Senate Journal Page 1945 SB 183 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Duncan, Jacko, Kelly, Leman, Little, Phillips, Rieger, Salo, Sharp Nays: Adams, Donley, Ellis, Frank, Halford, Kerttula, Lincoln, Miller, Pearce, Taylor, Zharoff Taylor changed from "Yea" to "Nay". Jacko changed from "Nay" to "Yea". and so, CS FOR SENATE BILL NO. 183(FIN) failed. Senator Little gave notice of reconsideration. SB 165 CS FOR SENATE BILL NO. 165(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 165(FIN) "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 165(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Kerttula, Zharoff and so, CS FOR SENATE BILL NO. 165(FIN) passed the Senate. 1993-04-29 Senate Journal Page 1946 SB 165 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. Without objection, it was so ordered. Senator Salo gave notice of reconsideration. SB 99 CS FOR SENATE BILL NO. 99(FIN) am "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, moving expenses for legislators, 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 optional medical services under Medicaid; amending Alaska Rules of Probate Procedure 16(d); and providing for an effective date" was read the third time. Senator Pearce moved and asked unanimous consent that the Finance Committee Letter of Intent (page 1757) be adopted. Without objection, the Senate Letter of Intent was adopted. Senator Taylor moved that CS FOR SENATE BILL NO. 99(FIN) am be returned to second reading for the purpose of a specific amendment, that being Amendment No. 6. Senator Little objected. Senator Taylor called the Senate. Senator Little withdrew her objection. Senator Taylor lifted the call. Senator Duncan called the Senate. 1993-04-29 Senate Journal Page 1947 SB 99 There being no further objections, the bill was returned to second reading. Senator Taylor offered Amendment No. 6 : Page 1, line 5, after "vendors,": Insert "king salmon tags and fees," Page 13, after line 6: Insert new bill sections to read: "* Sec. 44. AS16.05.340(a)(23) is amended to read: (23) Resident anadromous king salmon tag $ 5 [10] A resident may not engage in sport fishing for anadromous king salmon without having a valid anadromous [THE CURRENT YEAR'S] king salmon tag in the resident's actual possession, unless that person (A) qualifies for a 25 cent license fee under (1) of this subsection; (B) is under the age of 16; (C) is 60 years of age or older and has been a resident of the state for at least one year; (D) is a disabled veteran eligible for a free license under AS16.05.341; or (E) qualifies for a $5 license fee under (6) of this subsection. * Sec. 45. AS16.05.340(a)(24) is amended to read: (24) Nonresident anadromous king salmon tag -- valid for the period inscribed on the tag (A) for a one-day tag $10 (B) for a three-day tag 15 (C) for a 14-day or annual tag 35 [$20]. 1993-04-29 Senate Journal Page 1948 SB 99 A nonresident may not engage in sport fishing for anadromous king salmon without having a valid anadromous [THE CURRENT YEAR'S] king salmon tag in the person's actual possession, unless that person is under the age of 16. However, members of the military service on active duty who are permanently stationed in the state, and their dependents, who do not qualify as residents under AS16.05.940, may obtain an annual nonresident military anadromous king salmon tag for $20. * Sec. 46. AS16.05.350 is amended to read: Sec. 16.05.350. EXPIRATION OF LICENSES AND TAGS. Licenses and tags required under AS16.05.330- 16.05.430, except biennial licenses, the nonresident special sport fishing license, the resident trapping license, the one, three, or 14-day nonresident anadromous king salmon tag, and the waterfowl conservation tag, expire at the close of December31 following issuance. Biennial licenses expire after December 31 of the year following the year of issuance. The resident trapping license expires at the close of September30 of the year following the year in which the license is issued. The waterfowl conservation tag expires at the close of January31 of the year following the year of issue of the tag." Renumber following bill sections accordingly. Page 20, line 27: Delete "46" Insert "49" Page 20, line 30: Delete "46" Insert "49" 1993-04-29 Senate Journal Page 1949 SB 99 Page 21, line 23: Delete "65" Insert "68" Page 22, line 5: Delete "77 - 79" Insert "80 - 82" Page 22, line 13: Delete "52 and 53" Insert "55 and 56" Page 22, line 17: Delete "63 and 69 - 73" Insert "66 and 72 - 76" Page 22, line 19: Delete "44 - 62, 64 - 68, 74, and 75" Insert "47 - 65, 67 - 71, 77, and 78" Page 22, line 21, after "32": Insert "and 44 - 46" Senator Taylor moved and asked unanimous consent for the adoption of Amendment No. 6. Senator Adams objected. Senator Donley moved to divide the question, Part A being * Sec. 44 and Part B being the balance of the amendment. Senator Taylor objected. The question being: "Shall Amendment No. 6 be divided?" The roll was taken with the following result: 1993-04-29 Senate Journal Page 1950 SB 99 CSSB 99(FIN) AM Second Reading Amendment No. 6 Divide question? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Kerttula, Lincoln, Little, Phillips, Salo, Taylor, Zharoff Nays: Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp and so, the motion passed. The question being: "Shall Amendment No. 6, Part A, be adopted?" The roll was taken with the following result: CSSB 99(FIN) AM Second Reading Amendment No. 6 Part A YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Halford, Jacko, Leman, Miller, Salo, Sharp, Taylor, Zharoff Nays: Adams, Ellis, Frank, Kelly, Kerttula, Lincoln, Little, Pearce, Phillips, Rieger and so, Amendment No. 6, Part A, failed. The question being: "Shall Amendment No. 6, Part B, be adopted?" The roll was taken with the following result: CSSB 99(FIN) AM Second Reading Amendment No. 6 Part B 1993-04-29 Senate Journal Page 1951 SB 99 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kerttula, Leman, Miller, Pearce, Phillips, Sharp, Taylor, Zharoff Nays: Adams, Donley, Duncan, Ellis, Kelly, Lincoln, Little, Rieger, Salo and so, Amendment No. 6, Part B, was adopted. CS FOR SENATE BILL NO. 99(FIN) am was automatically in third reading. The question being: "Shall CS FOR SENATE BILL NO. 99(FIN) am "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 priority for coverage of optional medical services under Medicaid; amending Alaska Rule of Probate Procedure 16(d); and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 99(FIN) AM Third Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor 1993-04-29 Senate Journal Page 1952 SB 99 Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, CS FOR SENATE BILL NO. 99(FIN) am passed the Senate with a Senate Letter of Intent. Senator Taylor moved the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: CSSB 99(FIN) AM Third Reading - Final Passage Effective Date Clauses 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, the effective date clauses were adopted. Senator Taylor moved the Court Rule change. The question being: "Shall the Court Rule change be adopted?" The roll was taken with the following result: CSSB 99(FIN) AM Third Reading - Final Passage Court Rule Change YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff 1993-04-29 Senate Journal Page 1953 SB 99 Nays: Adams and so, the Court Rule change was adopted. Senator Kelly gave notice of reconsideration. THIRD READING OF HOUSE BILLS HB 211 HOUSE BILL NO. 211 "An Act relating to the municipal tax exemption for inventories intended for export" was read the third time. Senator Kelly moved and asked unanimous consent that HOUSE BILL NO. 211 be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Kelly offered Amendment No. 1 : Page 2, line 3: After "application" Insert "which shall be a public document" Senator Kelly moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. HOUSE BILL NO. 211 am S was automatically in third reading. The question being: "Shall HOUSE BILL NO. 211 am S "An Act relating to the municipal tax exemption for inventories intended for export" pass the Senate?" The roll was taken with the following result: 1993-04-29 Senate Journal Page 1954 HB 211 HB 211 AM S Third Reading - Final Passage YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Kerttula and so, HOUSE BILL NO. 211 am S passed the Senate. Senator Kerttula gave notice of reconsideration. SENATE BILLS IN THIRD READING Senator Taylor moved and asked unanimous consent that the balance of today's calendar be held to the April 30 calendar. Without objection, it was so ordered. SB 88 CS FOR SENATE BILL NO. 88(FIN)(efd fld) "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 held in third reading on reconsideration to the April 30 calendar. SB 153 CS FOR SENATE BILL NO. 153(RES) "An Act relating to the exchange of certain fish for seafood products, custom processing of certain fish, and use of certain fish for charitable purposes" was held in third reading to the April 30 calendar. 1993-04-29 Senate Journal Page 1955 CITATIONS Honoring - Juneau-Douglas High School Drill Team by Senator(s) Duncan, Pearce, Zharoff, Leman Representative(s) Ulmer, Hudson Honoring - Juneau-Douglas High School Men's Basketball Team by Senator(s) Duncan, Pearce, Donley, Zharoff, Leman, Frank Representative(s) Ulmer, Hudson Honoring - George Houston, Alaska High School Basketball Coach of the Year by Senator(s) Duncan, Pearce, Donley, Zharoff, Leman, Frank Representative(s) Ulmer, Hudson Honoring - The University of Alaska Fairbanks Mathematics Team by Representative(s) Davies, Brice Senator(s) Ellis, Pearce, Zharoff, Leman, Duncan, Rieger, Frank, Lincoln Honoring - Dr. Jane Feisthamel, "Dr. J", Educator of the Year, 1993 by Representative(s) Menard, Larson, Carney Senator(s) Kerttula, Halford, Pearce, Donley, Little, Zharoff, Leman, Duncan, Lincoln Honoring - Rose Palmquist, Denali Award for Community Service by Representative(s) Menard, Larson, Carney Senator(s) Kerttula, Halford, Phillips, Ellis, Pearce, Donley, Little, Adams, Zharoff, Leman, Duncan, Taylor, Lincoln Honoring - Pat Hjellen, Wasilla Citizen of the Year, 1993 by Representative(s) Menard, Larson, Carney Senator(s) Kerttula, Halford, Pearce, Donley, Zharoff, Leman, Duncan, Lincoln 1993-04-29 Senate Journal Page 1956 Honoring - Alexis Dalsfoist, 1993 Alaska Spelling Bee Winner by Representative(s) Green Senator(s) Pearce, Donley, Little, Zharoff, Leman, Duncan, Rieger, Lincoln Honoring - Emma Walton, National Science Teachers Association, Distinguished Service to Science Award by Senator(s) Ellis, Pearce, Donley, Little, Zharoff, Leman, Duncan, Rieger, Lincoln In Memoriam - Helen E. Rhode by Senator(s) Little, Leman, Duncan, Lincoln Representative(s) Navarre 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 SCR 7 President Halford referred SENATE CONCURRENT RESOLUTION NO. 7, Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 76, relating to charitable gaming, to the Rules Committee. SCR 8 President Halford referred SENATE CONCURRENT RESOLUTION NO. 8, Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 106, relating to energy projects, programs, and funds, to the Rules Committee. SCR 9 President Halford referred SENATE CONCURRENT RESOLUTION NO. 9, Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 126, making special appropriations for energy programs, projects, and funds, to the Rules Committee. 1993-04-29 Senate Journal Page 1957 HB 65 President Halford added a Judiciary Committee referral to CS FOR HOUSE BILL NO. 65(FIN) "An Act relating to licenses, certificates, and permits administered and fees charged by the Alcoholic Beverage Control Board, the office of public advocacy, the Alaska Commission on Postsecondary Education, the Department of Fish and Game, the Department of Labor, the Alaska Police Standards Council, the Department of Natural Resources, and the Department of Environmental Conservation; relating to the administration of the state insurance catastrophe reserve account; relating to the provision of group life or group health insurance for state employees; authorizing the Department of Natural Resources to accept certain donations for parks and recreation; relating to fiscal reporting and accounting by the Department of Administration; extending the suspension of certain tax credit provisions; and amending Alaska Rule of Probate Procedure 16(d); and providing for an effective date." CS FOR HOUSE BILL NO. 65(FIN) which is presently in the Finance Committee was referred to the Judiciary Committee then the Finance Committee. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., April 30, 1993. Without objection, the Senate adjourned at 6:51 p.m. Nancy Quinto Secretary of the Senate April 1993 1993-04-29 Senate Journal Page 1958 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 APR 29 THURSDAY 9:00 AM HB 253 FISHERIES BUSINESS TAXES ---------------------------------------- FINANCE SENATE FINANCE 518 APR 29 THURSDAY 0:00 AM ********CANCELLED*********** ...TO MEET AT CALL OF THE CHAIR... SB 50 FY 94 CAPITAL BUDGET HB 82 SCHOOL CONSTRUCTION & MAINTENANCE GRANTS HB 109 BLOOD TESTS ON SEX CRIME PERPETRATORS HB 113 CHARITABLE & TELEPHONIC SOLICITING/SALES HB 124 CAPITAL PROJECT GRANTS HB 133 DEFINITION OF VALUE FOR FISHERIES TAX HB 136 DRUNK DRIVING & BREATH TEST OFFENSES HB 158 APPROP: CONTRACT SETTLEMENT COSTS HB 171 MEDICAID COVERAGE FOR HOSPICE CARE HB 179 MOTOR VEHICLE REGISTRATION, FEES, ETC. HB 209 COMMUNITY HEALTH AIDE GRANTS HB 225 NOTICE OF APPROPRIATIONS ON PFD'S HB 235 SPECIAL EDUCATION & RELATED SERVICES HB 249 ELECTRICAL/MECHANICAL TRADESPERSONS HB 252 REFINANCING COMMERCIAL FISHING LOANS HB 264 FISHERY RESOURCE LANDING TAX HB 275 SALMON MARKETING AND ENHANCEMENT TAXES HJR 27 DESECRATION OF U.S. FLAG APR 30 FRIDAY 0:00 AM ...TO MEET AT CALL OF CHAIR... SB 50 FY 94 CAPITAL BUDGET HB 82 SCHOOL CONSTRUCTION & MAINTENANCE GRANTS HB 109 BLOOD TESTS ON SEX CRIME PERPETRATORS HB 113 CHARITABLE & TELEPHONIC SOLICITING/SALES HB 124 CAPITAL PROJECT GRANTS HB 133 DEFINITION OF VALUE FOR FISHERIES TAX HB 136 DRUNK DRIVING & BREATH TEST OFFENSES HB 158 APPROP: CONTRACT SETTLEMENT COSTS HB 171 MEDICAID COVERAGE FOR HOSPICE CARE HB 179 MOTOR VEHICLE REGISTRATION, FEES, ETC. 1993-04-29 Senate Journal Page 1959 FINANCE CONTINUED SENATE FINANCE 518 APR 30 FRIDAY CONTINUED 0:00 AM ...TO MEET AT CALL OF CHAIR... HB 209 COMMUNITY HEALTH AIDE GRANTS HB 225 NOTICE OF APPROPRIATIONS ON PFD'S HB 235 SPECIAL EDUCATION & RELATED SERVICES HB 249 ELECTRICAL/MECHANICAL TRADESPERSONS HB 252 REFINANCING COMMERCIAL FISHING LOANS HB 264 FISHERY RESOURCE LANDING TAX HB 275 SALMON MARKETING AND ENHANCEMENT TAXES HJR 27 DESECRATION OF U.S. FLAG ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 29 THURSDAY 1:30 PM ********CANCELLED*********** PREVIOUSLY SCHEDULED BILLS HB 97 PARENTAL CARE FOR CHILD IN STATE CUSTODY HB 101 NATIONAL ELECTRICAL CODE HB 73 ANCSA STATE TAX EXEMPTIONS HB 78 TESTIMONY OF MINORS IN CRIMINAL TRIALS HB 160 LIABILITY OF DESIGN/CONSTRUCTION PROS HB 170 EXTEND BOARD OF MARINE PILOTS SB 139 FORFEITURE OF CERTAIN PROPERTY APR 30 FRIDAY 1:30 PM HB 93 VILLAGE PUBLIC SAFETY OFFICERS PROGRAM HCR 7 ALCOHOL-RELATED BIRTH DEFECTS AWARENESS HCR 19 ENCOURAGE SALE OF STATE ROYALTY GAS HB 187 INTERCEPTION OF PRIVATE COMMUNICATIONS ..BILLS PREVIOUSLY HEARD OR SCHEDULED.. HB 97 PARENTAL CARE FOR CHILD IN STATE CUSTODY HB 101 NATIONAL ELECTRICAL CODE HB 73 ANCSA STATE TAX EXEMPTIONS HB 78 TESTIMONY OF MINORS IN CRIMINAL TRIALS HB 160 LIABILITY OF DESIGN/CONSTRUCTION PROS HB 170 EXTEND BOARD OF MARINE PILOTS SB 139 FORFEITURE OF CERTAIN PROPERTY <PENDING REFERRAL> ---------------------------------------- 1993-04-29 Senate Journal Page 1960 RULES FAHRENKAMP ROOM 203 APR 30 FRIDAY 0:00 AM ..TO MEET AT CALL OF THE CHAIR.. HB 283 BOARD OF ARCH/ENGINEERS/SURVEYORS EXT. HB 284 PHYSICAL/OCCUPATIONAL THERAPY BOARDS EXT. JOINT COMMITTEES LEGISLATIVE BUDGET AND AUDIT TO BE ANNOUNCED MAY 11 TUESDAY 0:00 AM END OF SESSION MEETING ..TO BE HELD THE DAY FOLLOWING FINAL ADJOURNMENT OF 1993 LEGISLATIVE SESSION ---------------------------------------- CONFERENCE COMMITTEE ON HB 55 SENATE FINANCE 518 APR 29 THURSDAY 0:00 AM ***TIME TO BE ANNOUNCED*** FISCAL NOTES FRONT SECTION OTHER COMMITTEES MAJORITY CAUCUS BUTROVICH ROOM 205 APR 29 THURSDAY 2:15 PM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 APR 29 THURSDAY 2:15 PM MINORITY CAUCUS APR 30 FRIDAY 9:00 AM MINORITY CAUCUS