Legislature(1993 - 1994)

1993-05-06 Senate Journal

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1993-05-06                     Senate Journal                      Page 2083
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                     EIGHTEENTH LEGISLATURE - FIRST SESSION                    
                                                                               
                                                                               
Juneau, Alaska                      Thursday               May 6, 1993         
                                                                               
                            One Hundred Sixteenth Day                          
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Halford at 11:29 a.m.                                                          
                                                                               
                                                                               
The roll showed eighteen members present.  Senators Pearce, Rieger             
were absent.                                                                   
                                                                               
                                                                               
The prayer was offered by the Chaplain, Pastor Richard Green of the            
Glacier Valley Church of God.                                                  
                                                                               
                                                                               
Senator Frank led the Senate in the pledge of allegiance.                      
                                                                               
                                                                               
The presence of Senator Pearce was noted.                                      
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journal              
for the one hundred fifteenth legislative day be approved as certified         
by the Secretary.  Without objection, it was so ordered.                       
                                                                               
                                                                               
The presence of Senator Rieger was noted.                                      
                                                                               
                                                                               
                                      2083                                     

1993-05-06                     Senate Journal                      Page 2084
                          STANDING COMMITTEE REPORTS                         
                                                                               
HJR 27                                                                     
The Finance Committee considered HOUSE JOINT RESOLUTION                        
NO. 27 Relating to an amendment to the Constitution of the United              
States prohibiting desecration of the Flag of the United States.               
Signing do pass: Senator Frank, Cochair, Senators Sharp, Jacko,                
Kelly, Kerttula.  Signing no recommendation: Senator Pearce,                   
Cochair, Senator Rieger.                                                       
                                                                               
Previous House zero fiscal note.                                               
                                                                               
HOUSE JOINT RESOLUTION NO. 27 was referred to the Rules                        
Committee.                                                                     
                                                                               
HB 109                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
109(JUD) "An Act relating to blood tests for persons charged with              
sex offenses; and providing for an effective date."  Signing do pass:          
Senators Frank, Pearce, Cochairs, Senators Rieger, Sharp.  Signing             
no recommendation: Senators Jacko, Kerttula.                                   
                                                                               
Previous House fiscal and zero fiscal notes.                                   
                                                                               
CS FOR HOUSE BILL NO. 109(JUD) was referred to the Rules                       
Committee.                                                                     
                                                                               
HB 113                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
113(FIN) "An Act regulating the solicitation of contributions by               
charitable organizations and paid solicitors and the solicitation of           
sales by telephonic means; and amending Alaska Rules of Civil                  
Procedure 79 and 82."  Signing do pass: Senators Frank, Pearce,                
Cochairs, Senators Sharp, Rieger, Jacko, Kelly, Kerttula.                      
                                                                               
Previous House zero fiscal note.                                               
                                                                               
CS FOR HOUSE BILL NO. 113(FIN) was referred to the Rules                       
Committee.                                                                     
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2085
HB 133                                                                       
The Finance Committee considered HOUSE BILL NO. 133 "An Act                    
amending the definition of `value' for purposes of administration of           
fisheries taxes; and providing for an effective date."  Signing do             
pass: Senators Frank, Pearce, Cochairs, Senators Rieger, Jacko,                
Sharp.                                                                         
                                                                               
Previous House fiscal note.                                                    
                                                                               
HOUSE BILL NO. 133 was referred to the Rules Committee.                        
                                                                               
HB 136                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
136(FIN) "An Act relating to revocation of and limitations on a                
driver's license; to the offenses of driving while intoxicated and             
refusal to submit to a breath test; imposing a limited license fee;            
amending Alaska Rule of Civil Procedure 32(b); and providing for               
an effective date" and recommended the Health, Education and                   
Social Services Senate Committee Substitute offered on page 1626               
be adopted.  Signing do pass: Senators Frank, Pearce, Cochairs,                
Senators Rieger, Sharp.  Signing no recommendation: Senator Jacko.             
                                                                               
Zero fiscal note for the Senate Committee Substitute published today           
from Department of Public Safety.  Previous House fiscal notes and             
House zero fiscal notes apply to the Senate Committee Substitute.              
                                                                               
CS FOR HOUSE BILL NO. 136(FIN) was referred to the Rules                       
Committee.                                                                     
                                                                               
HB 171                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
171(FIN) "An Act providing coverage for hospice care under the                 
Medicaid program; reordering the priorities given to optional services         
under the Medicaid program; and providing for an effective date."              
Signing no recommendation: Senators Frank, Pearce, Cochairs,                   
Senators Kelly, Rieger, Sharp.  Signing do pass: Senators Jacko,               
Kerttula.                                                                      
                                                                               
Previous House fiscal note.                                                    
                                                                               
CS FOR HOUSE BILL NO. 171(FIN) was referred to the Rules                       
Committee.                                                                     

1993-05-06                     Senate Journal                      Page 2086
HB 225                                                                       
The Finance Committee considered HOUSE BILL NO. 225 "An Act                    
relating to notice of certain appropriations from the dividend fund."          
Signing do pass: Senators Frank, Pearce, Cochairs, Senators Rieger,            
Jacko, Sharp.                                                                  
                                                                               
Previous House zero fiscal note.                                               
                                                                               
HOUSE BILL NO. 225 was referred to the Rules Committee.                        
                                                                               
HB 235                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
235(FIN) "An Act relating to educational programs and services for             
children with disabilities and other exceptional children and to               
persons with a handicap; and providing for an effective date" and              
recommended the Health, Education and Social Services Senate                   
Committee Substitute offered on page 1651 be adopted.  Signing do              
pass: Senators Frank, Pearce, Cochairs, Senators Rieger, Jacko,                
Sharp.                                                                         
                                                                               
Previous House and Senate zero fiscal notes apply to the Senate                
Committee Substitute.                                                          
                                                                               
CS FOR HOUSE BILL NO. 235(FIN) was referred to the Rules                       
Committee.                                                                     
                                                                               
HB 249                                                                       
The Finance Committee considered CS FOR SPONSOR                                
SUBSTITUTE FOR HOUSE BILL NO. 249(STA) am "An Act                              
reestablishing the Board of Electrical Examiners and extending the             
termination date of the Board of Mechanical Examiners; relating to             
electrical and mechanical administrators; and providing for an                 
effective date" and recommended the Labor and Commerce Senate                  
Committee Substitute offered on page 1864 be adopted.  Signing do              
pass: Senator Frank, Cochair, Senators Sharp, Kelly, Jacko, Rieger,            
Kerttula.  Signing do not pass: Senator Pearce, Cochair.                       
                                                                               
Fiscal note for the Senate Committee Substitute published today from           
Department of Commerce and Economic Development.  Previous                     
fiscal note.                                                                   
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2087
HB 249                                                                       
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                   
249(STA) am was referred to the Rules Committee.                               
                                                                               
HB 252                                                                       
The Finance Committee considered HOUSE BILL NO. 252 "An Act                    
amending the Commercial Fishing Loan Act to authorize refinancing              
of existing loans made under that Act" and recommended it be                   
replaced with                                                                  
                                                                               
	SENATE CS FOR HOUSE BILL NO. 252(FIN)                                         
                                                                               
and further attaches a Senate Finance Letter of Intent.  Signing do            
pass: Senators Frank, Pearce, Cochairs, Senators Sharp, Jacko, Kelly,          
Rieger, Kerttula.                                                              
                                                                               
                                Letter of Intent                               
                                      for                                      
                              SCS for HB 252(FIN)                              
                                                                               
It is the intent of the Legislature that refinanced                           
loans under the terms of this bill are to be                                   
accomplished with as little paperwork and time as                              
possible.                                                                      
                                                                               
Fiscal note for the Senate Committee Substitute published today from           
Senate Finance Committee.                                                      
                                                                               
HOUSE BILL NO. 252 was referred to the Rules Committee.                        
                                                                               
HJR 11                                                                       
The Rules 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, and               
recommended calendar.  Signing to calendar:  Senator Jacko, Chair,             
Senators Halford, Rieger.                                                      
                                                                               
HOUSE JOINT RESOLUTION NO. 11 is on today's calendar.                          
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2088
HB 98                                                                        
The Rules Committee considered HOUSE BILL NO. 98 "An Act                       
naming the Black Veterans Recognition Bridge on the Alaska                     
Highway over the Gerstle River" and recommended calendar.                      
Signing to calendar:  Senator Jacko, Chair, Senators Halford, Rieger.          
                                                                               
HOUSE BILL NO. 98 is on today's calendar.                                      
                                                                               
HB 158                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
158(L&C) "An Act making appropriations for contract settlement                 
costs and cost-of-living adjustments for public employees who are              
members of certain collective bargaining units; and providing for an           
effective date" and recommended calendar.  Signing to calendar:                
Senator Jacko, Chair, Senators Halford, Rieger, Little.                        
                                                                               
CS FOR HOUSE BILL NO. 158(L&C) is on today's calendar.                         
                                                                               
HB 209                                                                       
The Rules Committee considered HOUSE BILL NO. 209 "An Act                      
relating to community health aide grants" and recommended calendar.            
Signing to calendar:  Senator Jacko, Chair, Senators Halford, Rieger.          
Signing no recommendation: Senator Little.                                     
                                                                               
HOUSE BILL NO. 209 is on today's calendar.                                     
                                                                               
HB 264                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
264(FIN) "An Act levying and providing for the collection of and               
disposition of the proceeds of a fishery resource landing tax; and             
providing for an effective date" and recommended calendar.  Signing            
to calendar and do pass:  Senator Jacko, Chair.  Signing to calendar:          
Senators Halford, Rieger.                                                      
                                                                               
CS FOR HOUSE BILL NO. 264(FIN) is on today's calendar.                         
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2089
HB 275                                                                       
The Rules Committee considered 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" and recommended calendar.  Signing do not pass:  Senator                 
Jacko, Chair.  Signing to calendar:  Senators Halford, Rieger.                 
Signing no recommendation: Senator Little.                                     
                                                                               
CS FOR HOUSE BILL NO. 275(FIN) am is on today's calendar.                      
                                                                               
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 158                                                                       
Senator Jacko moved that CS FOR HOUSE BILL NO. 158(L&C) be                     
returned to the Rules Committee.  Senator Duncan objected.                     
                                                                               
Senator Adams called the Senate.                                               
                                                                               
Senator Jacko moved and asked unanimous consent that his motion                
be withdrawn.  Without objection, it was so ordered.                           
                                                                               
CS FOR HOUSE BILL NO. 158(L&C) "An Act making                                  
appropriations for contract settlement costs and cost-of-living                
adjustments for public employees who are members of certain                    
collective bargaining units; and providing for an effective date"  was         
read the second time.                                                          
                                                                               
Senator Kelly moved and asked unanimous consent for the adoption               
of the Senate Committee Substitute offered on page 1863.  Without              
objection, SENATE CS FOR CS FOR HOUSE BILL NO. 158(L&C)                        
was adopted.                                                                   
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 158(L&C) was read                          
the second time.                                                               
                                                                               
Senator Taylor moved and asked unanimous consent that SENATE                   
CS FOR CS FOR HOUSE BILL NO. 158(L&C) be considered                            
engrossed, advanced to third reading and placed on final passage.              
Without objection, it was so ordered.                                          
                                                                               

1993-05-06                     Senate Journal                      Page 2090
HB 158                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 158(L&C) was read                          
the third time.                                                                
                                                                               
The question being:  "Shall SENATE CS FOR CS FOR HOUSE                         
BILL NO. 158(L&C) "An Act making appropriations for contract                   
settlement costs and cost-of-living adjustments for public employees           
who are members of certain collective bargaining units; and                    
providing for an effective date" pass the Senate?"  The roll was               
taken with the following result:                                               
                                                                               
SCS CSHB 158(L&C)                                                              
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 CS FOR HOUSE BILL NO. 158(L&C)                           
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.                                 
                                                                               
Senator Pearce gave notice of reconsideration.                                 
                                                                               
HB 275                                                                       
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" was read the second time.                     
                                                                               
Senator Pearce moved and asked unanimous consent for the adoption              
of the Finance Senate Committee Substitute offered on page 2075.               
Senator Duncan objected.                                                       
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2091
HB 275                                                                       
The question being: "Shall the Finance Senate Committee Substitute             
be adopted?"  The roll was taken with the following result:                    
                                                                               
CSHB 275(FIN) AM                                                               
Adopt Finance 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, the Finance Senate Committee Substitute was adopted.                   
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 275(FIN) was read                          
the second time.                                                               
                                                                               
Senators Salo, Kelly offered Amendment No. 1 :                                  
                                                                               
Page 2, lines 1-3:                                                             
Delete  "A majority of the members of the board engaged                     
in commercial fishing must be engaged in commercial                            
fishing in the Bristol Bay, Alaska Peninsula, Bering Sea,                      
or Yukon-Kuskokwim region."                                                  
                                                                               
Senator Salo moved for the adoption of Amendment No. 1.  Senator               
Jacko objected.                                                                
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2092
HB 275                                                                       
                                                                               
SCS CSHB 275(FIN)                                                              
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kelly, Kerttula, Leman,                   
Lincoln, Little, Rieger, Salo, Taylor, Zharoff                                 
                                                                               
Nays:  Frank, Halford, Jacko, Miller, Pearce, Phillips, Sharp                  
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
Senator Adams offered Amendment No. 2 :                                         
                                                                               
Page 1, line 2, after "tax;":                                                
	Insert "relating to membership in the Alaska State                           
Legislature;"                                                                 
                                                                               
Page 6, following line 3:                                                      
	Insert a new bill section to read:                                            
   "* Sec. 7.  AS24.05.020 is amended to read:                               
	Sec. 24.05.020.  COMPOSITION.  The legislature                               
is composed of two houses: a senate consisting of 20                           
members and a house of representatives consisting of 40                        
members.  Membership in the senate and house of                              
representatives shall be apportioned among areas of the                        
state based on the contribution of each area to natural                        
resource revenues of the state.  The North Slope Borough                       
shall be apportioned 16 members in the senate and 32                           
members in the house of representatives."                                    
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 6, line 18:                                                               
	Delete "Section 6 of this Act takes"                                          
	Insert "Sections 6 and 7 of this Act take"                                    

1993-05-06                     Senate Journal                      Page 2093
HB 275                                                                       
Senator Adams moved for the adoption of Amendment No. 2.                       
Objections were heard.  Senator Adams moved and asked unanimous                
consent that Amendment No. 2 be withdrawn.  Senator Frank                      
objected.                                                                      
                                                                               
President Halford ruled Amendment No. 2 out of order.                          
                                                                               
Senator Taylor moved and asked unanimous consent that SENATE                   
CS FOR CS FOR HOUSE BILL NO. 275(FIN) am S be considered                       
engrossed, advanced to third reading and placed on final passage.              
Senator Jacko objected, then withdrew his objection.  There being no           
further objections, it was so ordered.                                         
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 275(FIN) am S was                          
read the third time.                                                           
                                                                               
Senators Adams, Leman, Jacko, Lincoln moved and asked unanimous                
consent that they be allowed to abstain from voting due to a conflict          
of interest.  Objections were heard.                                           
                                                                               
The question being:  "Shall SENATE CS FOR CS FOR HOUSE                         
BILL NO. 275(FIN) am S "An Act relating to the Alaska Seafood                  
Marketing Institute and a salmon marketing tax; and providing for              
an effective date" pass the Senate?"  The roll was taken with the              
following result:                                                              
                                                                               
SCS CSHB 275(FIN) am S                                                         
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2094
HB 275                                                                       
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Kelly, Lincoln, Miller, Pearce, Phillips, Rieger, Salo,          
Sharp                                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Halford, Jacko, Kerttula,                 
Leman, Little, Taylor, Zharoff                                                 
                                                                               
Ellis changed from "Yea" to "Nay".                                             
Duncan changed from "Yea" to "Nay".                                            
Donley changed from "Yea" to "Nay".                                            
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 275(FIN)                           
am S failed.                                                                   
                                                                               
Senator Duncan gave notice of reconsideration.                                 
                                                                               
                                                                               
HB 264                                                                       
CS FOR HOUSE BILL NO. 264(FIN) "An Act levying and                             
providing for the collection of and disposition of the proceeds of a           
fishery resource landing tax; and providing for an effective date" was         
read the second time.                                                          
                                                                               
Senator Duncan offered Amendment No. 1 :                                        
                                                                               
Page 6, following line 28:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 4.  SUSPENSION OF PAYMENT IN EVENT OF CIVIL                       
LITIGATION.  If a civil action is filed that challenges or seeks to            
invalidate the tax imposed by this Act as violative of a provision of          
the United States Constitution, for the duration of the pendency of            
the civil action, notwithstanding AS43.77.050 and 43.77.060, added             
by sec.1 of this Act, authorizing the appropriation of a portion of            
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2095
HB 264                                                                       
the amount received from the tax, the commissioner of revenue shall            
withhold the amounts required to be deposited in separate accounts             
in the general fund, place the respective account balances in escrow,          
and invest them as other state funds are invested.  A payment may              
not be made under AS43.77.050 or 43.77.060 until entry of a final              
order concluding the civil action and the expiration of any time for           
appeal.  If the state prevails in the civil action, the commissioner of        
revenue shall terminate the escrow and, subject to appropriation,              
promptly pay the account balances, with the interest earned on them,           
as authorized by AS43.77.050 and 43.77.060."                                   
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Senator Duncan moved for the adoption of Amendment No. 1.                      
Senator Frank objected.                                                        
                                                                               
Senator Pearce called the Senate.  The call was satisfied.                     
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSHB 264(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 Zharoff offered Amendment No. 2 :                                       
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2096
HB 264                                                                       
Page 1, line 10, after "landing":                                              
	Insert "unless the place of landing is within a municipality                  
that, under AS43.77.080(a), has approved an ordinance requesting               
the department to suspend the collection of the tax."                          
                                                                               
Page 3, line 27, after "section":                                              
	Insert "and AS43.77.080(e)"                                                   
                                                                               
Page 5, following line 19:                                                     
	Insert a new bill section to read:                                            
	"Sec. 43.77.080.  SUSPENDED COLLECTION OF                                    
STATE LEVY AT MUNICIPAL OPTION.  (a)  A                                        
municipality may request the department to suspend the                         
collection within the municipality of the tax on fishery                       
resources under this chapter.  To request suspension of the                    
collection, the municipality shall adopt an ordinance asking                   
the department to suspend the collection of the tax.                           
	(b)  A municipality that has approved an ordinance                           
under (a) of this section may seek to have the collection of                   
the tax reinstated.  The procedures set out in (a) of this                     
section apply to reinstatement of collection of the tax under                  
this subsection.                                                               
	(c)  The municipal clerk shall immediately advise                            
the department of the adoption of an ordinance under (a) or                    
(b) of this section.                                                           
	(d)  If a municipality adopts an ordinance under (a)                         
or (b) of this section, the department shall suspend collection                
of the tax imposed by this chapter in the municipality                         
effective on the earlier of January1 or July 1 next following                  
the ordinance's approval.                                                      
	(e)  A municipality in which the collection of the                           
tax imposed by this chapter has been suspended by (a) of                       
this section is not entitled to a payment authorized under                     
AS43.77.060."                                                                  
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 2.                     
Senator Jacko objected.                                                        

1993-05-06                     Senate Journal                      Page 2097
HB 264                                                                       
The question being:  Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSHB 264(FIN)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Lincoln, Little, Salo, Zharoff                    
                                                                               
Nays:  Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman,                  
Miller, Pearce, Phillips, Rieger, Sharp, Taylor                                
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 3 :                                        
                                                                               
Page 3, line 1, after "(b)"                                                    
                                                                               
	Insert "A taxpayer other than a taxpayer who is eligible for                  
a credit under (a) of this section may claim as a credit, against not          
more than 11.37% of the tax under this chapter that is due on the              
value of the fishery resource harvested, the taxpayer's contributions          
made during the tax year to a nonprofit corporation incorporated               
under the laws of the state that are used by the recipient for one or          
more of the purposes set out in (a) of this section.                           
                                                                               
	(c)"                                                                          
                                                                               
Reletter the following subsections accordingly.                                
                                                                               
Page 3, line 2, after "(a)"                                                    
                                                                               
	Insert "or (b)"                                                               
                                                                               
Page 3, line 10, after "(a)"                                                   
                                                                               
	Insert "or (b)"                                                               

1993-05-06                     Senate Journal                      Page 2098
HB 264                                                                       
Page 3, line 24:                                                               
                                                                               
	Delete "AS 43.77.040(b)"                                                      
	Insert  "AS 43.77.040(c)"                                                     
                                                                               
Senator Duncan 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:                                      
                                                                               
CSHB 264(FIN)                                                                  
Second Reading                                                                 
Amendment No. 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, Amendment No. 3 failed.                                                
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 264(FIN) be advanced to third reading and                       
placed on final passage.  Senator Duncan objected.                             
                                                                               
The question being:  "Shall CS FOR HOUSE BILL NO. 264(FIN)                     
be advanced to third reading?"  The roll was taken with the                    
following result:                                                              
                                                                               
CSHB 264(FIN)                                                                  
Advance from Second to Third Reading?                                          
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2099
HB 264                                                                       
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Frank, Halford, Jacko, Leman, Miller, Pearce, Phillips, Rieger,         
Sharp, Taylor                                                                  
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kelly, Kerttula, Lincoln,                 
Little, Salo, Zharoff                                                          
                                                                               
and so, the bill failed to be advanced.                                        
                                                                               
                             UNFINISHED BUSINESS                             
HB 275                                                                       
Senator Duncan moved and asked unanimous consent that the                      
reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO.                         
275(FIN) am S "An Act relating to the Alaska Seafood Marketing                 
Institute and a salmon marketing tax; and providing for an effective           
date" be taken up the same legislative day.  Senator Taylor objected.          
                                                                               
The question being:  "Shall the reconsideration on SENATE CS FOR               
CS FOR HOUSE BILL NO. 275(FIN) am S be taken up the same                       
legislative day?"  The roll was taken with the following result:               
                                                                               
SCS CSHB 275(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.                                                     
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2100
                   CONSIDERATION OF THE CALENDAR CONTINUED                   
                                                                               
HB 98                                                                        
HOUSE BILL NO. 98 "An Act naming the Black Veterans                            
Recognition Bridge on the Alaska Highway over the Gerstle River"               
was read the second time.                                                      
                                                                               
Senator Taylor moved and asked unanimous consent that HOUSE                    
BILL NO. 98 be advanced to third reading and placed on final                   
passage.  Without objection, it was so ordered.                                
                                                                               
HOUSE BILL NO. 98 was read the third time.                                     
Senator Taylor moved and asked unanimous consent that the                      
remainder of today's calendar, with the exception of Citations, be             
held to the May 7 calendar.  Senator Duncan objected.                          
                                                                               
The question being:  "Shall the remainder of today's calendar be               
held to the May 7 calendar?"  The roll was taken with the following            
result:                                                                        
                                                                               
Hold remaining items on today's calendar                                       
until 5/7?                                                                     
                                                                               
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 bills will be held to the May 7 calendar.                          
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2101
HB 98                                                                        
HOUSE BILL NO. 98 "An Act naming the Black Veterans                            
Recognition Bridge on the Alaska Highway over the Gerstle River."              
(held to the May 7 calendar)                                                   
                                                                               
HB 209                                                                       
HOUSE BILL NO. 209 "An Act relating to community health aide                   
grants." (held to the May 7 calendar)                                          
                                                                               
SB 89                                                                        
CS FOR SENATE BILL NO. 89(FIN) "An Act making                                  
appropriations for capital project matching grant programs; and                
providing for an effective date." (held to the May 7 calendar)                 
                                                                               
HB 102                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 102(L&C) "An Act                           
relating to the Alaska Labor Relations Agency; and providing for an            
effective date." (held to the May 7 calendar)                                  
                                                                               
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." (held to the May 7 calendar)             
                                                                               
HB 69                                                                        
CS FOR HOUSE BILL NO. 69(FIN) am S "An Act relating to                         
registration of and information about sex offenders and amending               
Alaska Rules of Criminal Procedure 11(c) and 32(b)." (held to the              
May 7 calendar)                                                                
                                                                               
HJR 11                                                                       
HOUSE JOINT RESOLUTION NO. 11 Proposing an amendment to                        
the Constitution of the State of Alaska relating to repeal of                  
regulations by the legislature. (held to the May 7 calendar)                   

1993-05-06                     Senate Journal                      Page 2102
                                  CITATIONS                                  
                                                                               
Honoring - House and Senate Sergeants-at-Arms, Assistant Sergeants-            
	at-Arms and House and Senate Pages                                            
by Representative(s) Moses                                                     
Senator(s) Jacko, Halford, Phillips, Duncan, Pearce, Rieger, Donley,           
Ellis, Zharoff, Little, Adams, Lincoln                                         
                                                                               
Honoring - Alaska's First City Chapter, ABWA                                   
by Senator(s) Taylor, Duncan, Pearce, Zharoff, Donley                          
Representative(s) Williams                                                     
                                                                               
Honoring - National Correctional Officers' Week                                
by Senator(s) Little, Salo, Duncan, Pearce, Donley, Lincoln, Ellis,            
Zharoff, Halford, Taylor, Leman                                                
Representative(s) Navarre                                                      
                                                                               
Honoring - Jack B. Townshend                                                   
by Representative(s) Davies                                                    
Senator(s) Miller, Sharp, Duncan                                               
                                                                               
In Memoriam - George Herbert Beck                                              
by Senator(s) Taylor, Duncan, Zharoff                                          
Representative(s) Williams, Grussendorf                                        
                                                                             
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.                                 
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2103
                                 ADJOURNMENT                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., May 7, 1993.  Without                   
objection, the Senate adjourned at 2:14 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                              May 1993         
                                                                               
                                                                               

1993-05-06                     Senate Journal                      Page 2104
                                ANNOUNCEMENTS                                
                                                                               
                             STANDING COMMITTEES                             
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 518                              
MAY 06                              THURSDAY                   0:00 AM         
 	...TO MEET AT CALL OF CHAIR...                                               
SB  67	MENTAL HEALTH TRUST AMENDMENTS                                          
HB 124	CAPITAL PROJECT GRANTS                                                  
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
MAY 06                              THURSDAY                   2:30 PM         
 	...TO MEET AT THE CALL OF THE CHAIR...                                       
HB 119	AUTHORIZE USE OF DAY FINES IN MISD. CASES                               
HB 137	PAROLE OF TERMINALLY ILL PRISONERS                                      
HCR  7	ALCOHOL-RELATED BIRTH DEFECTS AWARENESS                                 
HCR 19	ENCOURAGE SALE OF STATE ROYALTY GAS                                     
HB  93	VILLAGE PUBLIC SAFETY OFFICERS PROGRAM                                  
HB 101	NATIONAL ELECTRICAL CODE                                                
HB 160	LIABILITY OF DESIGN/CONSTRUCTION PROS                                   
HB 170	EXTEND BOARD OF MARINE PILOTS                                           
HB 187	INTERCEPTION OF PRIVATE COMMUNICATIONS                                  
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
MAY 07                               FRIDAY                    3:30 PM         
HCR 21	ENVIRONMENTAL MISINFORMATION RE ALASKA                                  
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                              FAHRENKAMP ROOM 203                              
MAY 06                              THURSDAY                   2:30 PM         
 	RULES                                                                        
                                                                               
                               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                                      

1993-05-06                     Senate Journal                      Page 2105
                        CONFERENCE COMMITTEE ON HB 55                        
                               SENATE FINANCE 518                              
MAY 06                              THURSDAY                   2:30 PM         
HB  55	FY 94 OPERATING BUDGET & LOAN PROGRAMS                                  
                                                                               
                               OTHER COMMITTEES                              
                                                                               
                               MINORITY CAUCUS                               
                                 BELTZ ROOM 211                                
MAY 06                              THURSDAY                  10:00 AM         
 	MINORITY CAUCUS                                                              
                                                                               
MAY 06                              THURSDAY                   2:15 PM         
 	MINORITY CAUCUS                                                              
                    ----------------------------------------                   
                                                                               
                          HOUSE/SENATE WORKING GROUP                         
                               GOVERNOR'S CONF RM                              
MAY 06                              THURSDAY                   4:00 PM         
 	DISCUSSION OF CAPITAL BUDGET AND RELATED ITEMS