Legislature(1993 - 1994)

1993-05-07 Senate Journal

Full Journal pdf

1993-05-07                     Senate Journal                      Page 2107
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                     EIGHTEENTH LEGISLATURE - FIRST SESSION                    
                                                                               
                                                                               
Juneau, Alaska                       Friday                May 7, 1993         
                                                                               
                           One Hundred Seventeenth Day                         
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Halford at 12:15 p.m.                                                          
                                                                               
                                                                               
The roll showed eighteen members present.  Senators Jacko, Pearce              
were absent.                                                                   
                                                                               
                                                                               
The prayer was offered by the Chaplain, Pastor Richard Green of the            
Glacier Valley Church of God.                                                  
                                                                               
                                                                               
Senator Kelly led the Senate in the pledge of allegiance.                      
                                                                               
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journal              
for the one hundred sixteenth legislative day be approved as certified         
by the Secretary.  Senator Duncan objected.                                    
                                                                               
                                                                               
Senator Duncan called the Senate.  The call was satisfied.                     
                                                                               
                                                                               
Senator Duncan withdrew his objection.  There being no further                 
objections, the journal was approved as certified by the Secretary.            
                                                                               
                                                                               
                                      2107                                     

1993-05-07                     Senate Journal                      Page 2108
                          STANDING COMMITTEE REPORTS                         
                                                                               
SB 67                                                                      
The Finance Committee considered SENATE BILL NO. 67 "An Act                    
amending provisions of ch. 66, SLA 1991, that relate to                        
reconstitution of the corpus of the mental health trust, the                   
management of trust assets, and to the manner of enforcement of the            
obligation to compensate the trust; and providing for an effective             
date" and recommended it be replaced with                                      
                                                                               
	CS FOR SENATE BILL NO. 67(FIN), entitled:                                     
"An Act amending provisions of ch. 66, SLA 1991,                              
that relate to reconstitution of the corpus of the                             
mental health trust and to the manner of                                       
enforcement of the obligation to compensate the                                
trust; and providing for an effective date."                                   
                                                                               
Signing do pass: Senators Frank, Pearce, Cochairs.  Signing no                 
recommendation: Senators Rieger, Kerttula, Kelly, Jacko, Sharp.                
                                                                               
Fiscal note for the Committee Substitute published today from                  
Alaska Court System.  Zero fiscal notes for the Committee Substitute           
published today from Department of Law, Department of Fish and                 
Game and Department of Natural Resources.                                      
                                                                               
SENATE BILL NO. 67 was referred to the Rules Committee.                        
                                                                               
HCR 7                                                                        
The Judiciary Committee considered HOUSE CONCURRENT                            
RESOLUTION NO. 7 Relating to Alcohol-Related Birth Defects                     
Awareness Week and recommended the Health, Education and Social                
Services Senate Committee Substitute offered on page 912 be                    
adopted.  Signing do pass: Senator Taylor, Chair, Senators Little,             
Jacko.                                                                         
                                                                               
Previous House zero fiscal note.                                               
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 7 was referred to the                          
Rules Committee.                                                               
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2109
HB 93                                                                        
The Judiciary Committee considered CS FOR HOUSE BILL NO. 93                    
(CRA) "An Act relating to the village public safety officers                   
program."  Signing do pass: Senator Taylor, Chair, Senators Little,            
Jacko.                                                                         
                                                                               
Previous House zero fiscal note.                                               
                                                                               
CS FOR HOUSE BILL NO. 93(CRA) was referred to the Finance                      
Committee.                                                                     
                                                                               
HB 97                                                                        
The Judiciary Committee considered HOUSE BILL NO. 97 "An Act                   
clarifying the responsibilities of the Department of Health and Social         
Services and parents for children who are committed to the custody             
of the department and are placed by the department with the parents;           
and providing for an effective date."  Signing do pass: Senator                
Taylor, Chair.  Signing no recommendation: Senators Little, Jacko.             
                                                                               
Previous House zero fiscal note.                                               
                                                                               
HOUSE BILL NO. 97 was referred to the Rules Committee.                         
                                                                               
HB 119                                                                       
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
119(JUD) am "An Act authorizing a sentencing court to impose a                 
sentence of a day fine instead of a sentence of imprisonment on a              
defendant convicted of a misdemeanor; directing the Alaska Supreme             
Court to develop and implement a day fine plan; requiring the                  
Alaska Court System to report to the legislature on the use of day             
fines; amending Alaska Rule of Criminal Procedure 32; and                      
providing for an effective date."  Signing do pass: Senator Taylor,            
Chair, Senators Little, Jacko.  The committee further recommended              
the House Letter of Intent offered on page 1413 (House Journal) be             
adopted.                                                                       
                                                                               
Previous House fiscal and House zero fiscal notes.                             
                                                                               
CS FOR HOUSE BILL NO. 119(JUD) am was referred to the                          
Finance Committee.                                                             
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2110
HB 124                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
124(FIN) "An Act establishing capital project matching grant                   
programs for municipalities and unincorporated communities; and                
providing for an effective date" and recommended it be replaced                
with                                                                           
                                                                               
	SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN)                                  
                                                                               
Signing do pass: Senators Frank, Pearce, Cochairs.  Signing no                 
recommendation: Senators Kelly, Rieger, Jacko, Sharp.  Signing do              
not pass: Senator Kerttula.                                                    
                                                                               
Previous House fiscal notes apply to the Senate Committee                      
Substitute.                                                                    
                                                                               
CS FOR HOUSE BILL NO. 124(FIN) was referred to the Rules                       
Committee.                                                                     
                                                                               
HB 137                                                                       
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
137(JUD) "An Act authorizing special medical parole for terminally             
ill prisoners."   Signing do pass: Senator Taylor, Chair, Senator              
Jacko.  Signing no recommendation: Senator Little.                             
                                                                               
Previous House zero fiscal notes.                                              
                                                                               
CS FOR HOUSE BILL NO. 137(JUD) was referred to the Finance                     
Committee.                                                                     
                                                                               
HB 160                                                                       
The Judiciary Committee considered HOUSE BILL NO. 160(title                    
am) "An Act relating to the time for filing certain civil actions based        
on a defect in an improvement to real property; and providing for              
an effective date" and recommended it be replaced with                         
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2111
HB 160                                                                       
	SENATE CS FOR HOUSE BILL NO. 160(JUD),                                        
	entitled:                                                                     
"An Act relating to the time for filing certain civil                         
actions based on a defect in an improvement to real                            
property; to apportionment of damages in a civil                               
action; and providing for an effective date."                                  
(Title change authorized by Senate Concurrent                                 
Resolution No. 10)                                                             
                                                                               
Signing no recommendation: Senator Taylor, Chair, Senator Little.              
Signing do pass: Senator Jacko.                                                
                                                                               
Previous House zero fiscal notes apply to the Senate Committee                 
Substitute.                                                                    
                                                                               
HOUSE BILL NO. 160(title am) was referred to the Rules                         
Committee.                                                                     
                                                                               
HB 187                                                                       
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
187(FIN) am "An Act authorizing the interception of private                    
communications related to the commission of certain criminal                   
offenses; relating to pen registers, trap devices, and communications          
in electronic storage; amending statutes relating to eavesdropping and         
wiretapping; relating to the penalty for violation of statutes relating        
to eavesdropping and unauthorized interception, publication, or use            
of private communications; and providing for an effective date."               
Signing do pass: Senator Taylor, Chair.  Signing no recommendation:            
Senators Little, Jacko.                                                        
                                                                               
Previous House fiscal notes and House zero fiscal notes.                       
                                                                               
CS FOR HOUSE BILL NO. 187(FIN) am was referred to the                          
Finance Committee.                                                             
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2112
SB 67                                                                        
The Rules Committee considered SENATE BILL NO. 67 "An Act                      
amending provisions of ch. 66, SLA 1991, that relate to                        
reconstitution of the corpus of the mental health trust, the                   
management of trust assets, and to the manner of enforcement of the            
obligation to compensate the trust; and providing for an effective             
date."  Signing to calendar:  Senator Jacko, Chair, Senators Halford,          
Rieger.  Signing pass Judiciary version:  Senator Little.                      
                                                                               
SENATE BILL NO. 67 is on today's calendar.                                     
                                                                               
SB 124                                                                       
The Rules Committee considered SENATE BILL NO. 124 "An Act                     
relating to the powers and finances of the Alaska Energy Authority;            
and providing for an effective date."  Signing to calendar:  Senator           
Jacko, Chair, Senators Halford, Rieger.  Signing no recommendation:            
Senator Little.                                                                
                                                                               
SENATE BILL NO. 124 is on today's calendar.                                    
                                                                               
HB 124                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
124(FIN) "An Act establishing capital project matching grant                   
programs for municipalities and unincorporated communities; 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. 124(FIN) is on today's calendar.                         
                                                                               
                         INTRODUCTION AND REFERENCE OF                        
                              SENATE RESOLUTIONS                              
                                                                               
SCR 10                                                                       
SENATE CONCURRENT RESOLUTION NO. 10 by the SENATE                              
JUDICIARY COMMITTEE,                                                           
                                                                               
Suspending Uniform Rules 24(c), 35, 41(b), and                                
42(e) of the Alaska State Legislature concerning                               
House Bill No. 160, relating to the time for filing                            
certain civil actions.                                                         
                                                                               

1993-05-07                     Senate Journal                      Page 2113
SCR 10                                                                       
was read the first time and referred to the Judiciary Committee.               
                                                                               
                  INTRODUCTION AND REFERENCE OF SENATE BILLS                 
                                                                               
SB 212                                                                       
SENATE BILL NO. 212 by the SENATE LABOR AND                                    
COMMERCE COMMITTEE BY REQUEST OF THE SENATE                                    
ECONOMIC TASK FORCE, entitled:                                                 
                                                                               
"An Act relating to publications produced by state                            
agencies and to the procurement of property,                                   
property interests, and services by state agencies."                           
                                                                               
was read the first time and referred to the Labor and Commerce and             
Finance Committees.                                                            
                                                                               
SB 213                                                                       
SENATE BILL NO. 213 by the SENATE LABOR AND                                    
COMMERCE COMMITTEE, entitled:                                                  
                                                                               
"An Act extending the Alaska Public Utilities                                 
Commission and the regulatory cost charge."                                    
                                                                               
was read the first time and referred to the Labor and Commerce,                
Judiciary and Finance Committees.                                              
                                                                               
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 67                                                                        
Senator Taylor moved and asked unanimous consent that the first                
item on today's calendar, SENATE BILL NO. 67 "An Act amending                  
provisions of ch. 66, SLA 1991, that relate to reconstitution of the           
corpus of the mental health trust, the management of trust assets, and         
to the manner of enforcement of the obligation to compensate the               
trust; and providing for an effective date", be returned to the                
Judiciary Committee.  Senator Ellis objected.                                  
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2114
SB 67                                                                        
Senator Taylor moved and asked unanimous consent that his motion               
be withdrawn.  Without objection, it was so ordered.                           
                                                                               
Senator Taylor moved and asked unanimous consent that SENATE                   
BILL NO. 67 be returned to the Rules Committee.  Senator Kerttula              
objected.                                                                      
                                                                               
The question being:  "Shall SENATE BILL NO. 67 be returned to                  
the Rules Committee?"  The roll was taken with the following result:           
                                                                               
SB 67                                                                          
Return to Rules Committee?                                                     
                                                                               
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Little,             
Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff                       
                                                                               
Nays:  Donley, Kerttula, Leman, Lincoln, Salo                                  
                                                                               
and so, SENATE BILL NO. 67 was returned to the Rules                           
Committee.                                                                     
                                                                               
SB 124                                                                       
SENATE BILL NO. 124 "An Act relating to the powers and                         
finances of the Alaska Energy Authority; and providing for an                  
effective date"  was read the second time.                                     
                                                                               
Senator Taylor moved and asked unanimous consent that SENATE                   
BILL NO. 124 be returned to the Finance Committee.  Without                    
objection, it was so ordered.                                                  
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 124                                                                       
CS FOR HOUSE BILL NO. 124(FIN) "An Act establishing capital                    
project matching grant programs for municipalities and                         
unincorporated communities; and providing for an effective date" was           
read the second time.                                                          
                                                                               

1993-05-07                     Senate Journal                      Page 2115
HB 124                                                                       
Senator Pearce moved and asked unanimous consent for the adoption              
of the Finance Senate Committee Substitute offered on page 2110.               
                                                                               
Senator Duncan objected, then withdrew his objection.  There being             
no further objections, SENATE CS FOR CS FOR HOUSE BILL                         
NO. 123(FIN) was adopted.                                                      
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) was read                          
the second time.                                                               
                                                                               
Senator Adams offered Amendment No. 1 :                                         
                                                                               
Page 3, line 31:                                                               
	After "section.":                                                             
	Insert "A city located in a borough may list a borough                        
project to which it plans to contribute."                                      
                                                                               
Page 4, line 1:                                                                
	After "AS 37.06.030.":                                                        
	Insert "If a city lists a borough project, the local share                    
attributable to the city's contribution may be paid by either                  
municipality or shared between them as they agree."                            
                                                                               
Page 4, line 8:                                                                
	Delete "to the municipality"                                                  
                                                                               
Page 4, line 9:                                                                
	After "section.":                                                             
	Insert "An appropriation shall be paid to the municipality or,                
if a city has elected to contribute to a borough project, to the               
borough."                                                                      
                                                                               
Page 4, line 11:                                                               
	After "account":                                                              
	Insert "or, if a city has elected to contribute to a borough                  
project, from the city's account,"                                             
                                                                               

1993-05-07                     Senate Journal                      Page 2116
HB 124                                                                       
Senator Adams 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 124(FIN)                                                              
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.                                                
                                                                               
Senators Donley, Ellis offered Amendment No. 2 :                                
                                                                               
	Page 8, line 17:                                                              
                                                                               
		Delete "30"                                                                  
		Insert  "25"                                                                 
                                                                               
Senator Donley moved for the adoption of Amendment No. 2.                      
Objections were heard.                                                         
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
SCS CSHB 124(FIN)                                                              
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2117
HB 124                                                                       
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. 2 failed.                                                
                                                                               
Senator Taylor moved and asked unanimous consent that SENATE                   
CS FOR CS FOR HOUSE BILL NO. 124(FIN) be considered                            
engrossed, advanced to third reading and placed on final passage.              
Objections were heard.                                                         
                                                                               
The question being: "Shall SENATE CS FOR CS FOR HOUSE                          
BILL NO. 124(FIN) be advanced to third reading?"  The roll was                 
taken with the following result:                                               
                                                                               
SCS CSHB 124(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.                       
Senator Taylor moved and asked unanimous consent that the                      
following bills be placed at the bottom of today's calendar:                   
                                                                               
HB 209                                                                       
HOUSE BILL NO. 209 "An Act relating to community health aide                   
grants." (bottom of today's calendar)                                          
                                                                               

1993-05-07                     Senate Journal                      Page 2118
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." (bottom of today's calendar)                 
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
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 third time.                                                           
                                                                               
The question being:  "Shall 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" pass the Senate?"  The roll was taken with the              
following result:                                                              
                                                                               
CSHB 264(FIN)                                                                  
Third Reading - Final Passage                                                  
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Little, Miller, Phillips,          
Rieger, Salo, Sharp, Taylor                                                    
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Pearce,                
Zharoff                                                                        
                                                                               
Salo changed from "Nay" to "Yea".                                              
Donley changed from "Yea" to "Nay".                                            
                                                                               
and so, CS FOR HOUSE BILL NO. 264(FIN) passed the Senate.                      
                                                                               
Senator Taylor moved the effective date clause.                                
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2119
HB 264                                                                       
The question being:  "Shall the effective date clause be adopted?"             
The roll was taken with the following result:                                  
                                                                               
CSHB 264(FIN)                                                                  
Effective Date                                                                 
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce,          
Phillips, Rieger, Sharp, Taylor                                                
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Lincoln, Little, Salo, Zharoff            
                                                                               
and so, the effective date clause failed.                                      
                                                                               
Senator Duncan gave notice of reconsideration.                                 
Senator Taylor moved and asked unanimous consent that the                      
following bills be placed at the bottom of today's 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." (bottom of today's 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." (bottom of today's 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)." (bottom of                
today's calendar)                                                              

1993-05-07                     Senate Journal                      Page 2120
HB 98                                                                        
HOUSE BILL NO. 98 "An Act naming the Black Veterans                            
Recognition Bridge on the Alaska Highway over the Gerstle River."              
(bottom of today's 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. (bottom of today's calendar)                   
                                                                               
                                                                               
                                  CITATIONS                                  
                                                                               
Honoring - Sergeant William E. Crim                                            
by Senator(s) Phillips, Halford, Kelly, Leman, Duncan, Zharoff,                
Pearce, Little                                                                 
Representative(s) Mulder                                                       
                                                                               
Honoring - Leslie Viereck and William Pruitt                                   
by Representative(s) Davies                                                    
Senator(s) Miller, Duncan, Zharoff, Little                                     
                                                                               
Honoring - Kimberly Gregory                                                    
by Senator(s) Lincoln, Duncan, Zharoff, Pearce, Little, Leman                  
Representative(s) Nicholia                                                     
                                                                               
Honoring - Clark Junior High "Falcon Flash" Newspaper Staff                    
by Representative(s) Martin, Barnes                                            
Senator(s) Leman, Kelly, Phillips, Ellis, Duncan, Zharoff, Pearce,             
Little, Donley, Halford                                                        
                                                                               
Honoring - Ronald D. Kinman, Broken Wing Award                                 
by Senator(s) Sharp, Miller, Duncan, Zharoff, Pearce, Leman                    
                                                                               
In Memoriam - Virginia Mae Moore                                               
by Representative(s) Nicholia                                                  
Senator(s) Lincoln, Duncan, Zharoff, Pearce, Little                            
                                                                               

1993-05-07                     Senate Journal                      Page 2121
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.                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the                      
following bills which had been placed at the bottom of today's                 
calendar be held to the May 8 calendar:                                        
                                                                               
HB 209                                                                       
HOUSE BILL NO. 209 "An Act relating to community health aide                   
grants." (held to May 8 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 May 8 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 May 8 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 May 8 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 May              
8 calendar)                                                                    
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2122
HB 98                                                                        
HOUSE BILL NO. 98 "An Act naming the Black Veterans                            
Recognition Bridge on the Alaska Highway over the Gerstle River."              
(held to May 8 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 May 8 calendar)                       
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
SB 106                                                                       
Senator Taylor moved and asked unanimous consent that the Senate               
rescind its previous action in passing CS FOR SENATE BILL NO.                  
106(FIN) "An Act establishing the energy authority revolving fund;             
repealing the rural electrification revolving loan fund and the bulk           
fuel revolving loan fund; relating to procurements for certain                 
transmission lines; authorizing power transmission interties between           
Anchorage and the Kenai Peninsula, between Healy and Fairbanks,                
between the Swan Lake and Tyee Lake hydroelectric projects, and                
between Sutton and Glennallen and approving the design and                     
construction costs of the interties; and providing for an effective            
date."  Without objection, it was so ordered.                                  
                                                                               
CS FOR SENATE BILL NO. 106(FIN) was before the Senate in                       
third reading on reconsideration.                                              
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
return to second reading for the purpose of a specific amendment,              
that being Amendment No. 9.  Senator Duncan objected.                          
Senator Duncan lifted the call.                                                
                                                                               
Senator Duncan announced a minority caucus.                                    
                                                                               
Senator Taylor announced a majority caucus.                                    
                                                                               

1993-05-07                     Senate Journal                      Page 2123
                                   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 2:35 p.m.                                                          
                                                                               
                                AFTER RECESS                                 
                                                                               
The Senate reconvened at 3:55 p.m.                                             
                                                                               
SB 106                                                                       
Senator Duncan called the Senate.  The call was satisfied.                     
                                                                               
The Senate stood at ease.                                                      
                                                                               
President Halford called the Senate back to order at 4:55 p.m.                 
                                                                               
The call of the Senate was maintained.  The call was satisfied.                
                                                                               
The question being:  "Shall CS FOR SENATE BILL NO. 106(FIN)                    
be returned to second reading for the purpose of a specific                    
amendment?"  The roll was taken with the following result:                     
                                                                               
CSSB 106(FIN)                                                                  
Return to Second for Specific Amendment                                        
                                                                               
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 was returned to second reading.                               
                                                                               
Senators Sharp, Taylor offered Amendment No. 9 :                                
                                                                               
                                                                               

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Page 1, line 1, through page 17, line 27:                                      
	Delete all material.                                                          
	Insert a new title and bill sections to read:                                 
                                                                               
""An Act transferring certain projects of and amending and                    
transferring programs of the Alaska Energy Authority to the                    
Department of Community and Regional Affairs; relating to the                  
Alaska Energy Authority; permitting the Alaska Industrial                      
Development and Export Authority to issue revenue bonds for                    
certain plants or facilities for energy resources; permitting                  
utilities to form joint action agencies; authorizing the Alaska                
Industrial Development and Export Authority to issue revenue                   
bonds for power transmission interties; relating to rates for a                
public utility that sends or receives power over certain power                 
transmission interties; relating to the power cost equalization and            
capital improvement fund; amending the purpose of the Railbelt                 
energy fund; and providing for an effective date.""                           
                                                                               
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                               
ALASKA:                                                                        
                                                                               
   * Section 1.  FINDINGS.  The legislature finds that adequate,           
reliable, electric service at affordable rates is a necessary ingredient       
of a modern society and a prosperous developing economy.  The                  
legislature further finds that at the current stage of social and              
economic development in the state, direct participation by the state           
is necessary to assist in the development of a regional electric               
transmission infrastructure and to assist in holding rates in high cost        
service areas to affordable levels.                                            
   * Sec. 2.  AS 37.05.520 is amended to read:                               
	Sec. 37.05.520.  RAILBELT ENERGY FUND.                                       
There is established in the general fund the Railbelt energy                   
fund.  The fund consists of money appropriated to it by the                    
legislature.  The Department of Revenue shall manage the                       
fund.  Interest received on money in the fund shall be                         
accounted for separately and may be appropriated into the                      
fund annually.  The legislature may appropriate money from                     

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SB 106                                                                       
	 the fund for programs,  projects, and other expenditures                 
	to assist in meeting Railbelt energy needs, including                       
	projects for retrofitting state-owned buildings and                           
	facilities for energy conservation.                                         
   * Sec. 3.  AS42.05.141(b) is amended to read:                             
	(b)  The commission shall perform the duties                                 
assigned to it under AS42.45.100- 42.45.190 [AS                            
44.83.162].                                                                    
   * Sec. 4.  AS 42.05.431 is amended by adding a new subsection             
to read:                                                                       
	(h)  When setting or reviewing rates for a public                            
utility that sends or receives power over the power                            
transmission interties between Fairbanks and Healy or                          
between Anchorage and the Kenai Peninsula, the commission                      
shall consider those costs that have not been directly                         
assigned to other individual generating utilities by the utility               
responsible for the construction of the intertie to have been                  
incurred for the system existing on the effective date of this                 
subsection.                                                                    
   * Sec. 5.  AS 42 is amended by adding a new chapter to read:              
	CHAPTER 45.  RURAL AND STATEWIDE ENERGY                                       
PROGRAMS.                                                                      
                     ARTICLE 1.  POWER ASSISTANCE PROGRAMS.                    
Sec. 42.45.010.  POWER PROJECT FUND.  (a)                                     
The power project fund is established as a separate fund.                      
The fund shall be distinct from any other money or funds                       
of the department and includes only money appropriated by                      
the legislature and money deposited under (g) of this                          
section.                                                                       
(b)  Subject to AS42.45.060, the department may                               
make loans from the power project fund                                         
(1)  to electric utilities, regional electric                                 
authorities, municipalities, regional and village corporations,                
village councils, independent power producers, and nonprofit                   
marketing cooperatives to pay the costs of                                     
                                                                               
                                                                               

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(A)  reconnaissance studies,                                                 
feasibility studies, license and permit applications,                          
preconstruction engineering, and design of power                               
projects;                                                                      
(B)  constructing, equipping,                                                
modifying, improving, and expanding small-scale                                
power production facilities that are designed to                               
produce less than 10 megawatts of power,                                       
conservation facilities, bulk fuel storage facilities,                         
and transmission and distribution facilities, including                        
energy production, transmission and distribution, and                          
waste energy conservation facilities that depend on                            
fossil fuel, wind power, tidal, geothermal, biomass,                           
hydroelectric, solar, or other nonnuclear energy                               
sources; and                                                                   
(C)  reconnaissance studies,                                                 
preconstruction engineering, design, construction,                             
equipping, modification, and expansion of potable                              
water supply including surface storage and                                     
groundwater sources and transmission of water from                             
surface storage to existing distribution systems;                              
(2)  to a borrower for a power project if                                     
(A)  the loan is entered into under                                          
a leveraged lease financing arrangement;                                       
(B)  the party that will be                                                  
responsible for the power project is an electric                               
utility, regional electric authority, municipality,                            
regional or village corporation, village council,                              
independent power producer, or nonprofit marketing                             
cooperative; and                                                               
(C)  the borrower seeking the loan                                           
demonstrates to the department that the financing                              
arrangement for the power project will reduce                                  
project financing costs below costs of comparable                              
public power projects.                                                         
(c)  Before making a loan from the power project                              
	fund,  the department  shall, by  regulation, specify                         

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SB 106                                                                       
(1)  standards for the eligibility of borrowers                               
and the types of projects to be financed with loans;                           
(2)  standards regarding the technical and                                    
economic viability and revenue self-sufficiency of eligible                    
projects;                                                                      
(3)  collateral or other security required for                                
loans;                                                                         
(4)  the terms and conditions of loans;                                       
(5)  criteria to establish financial feasibility                              
and to measure the amount of state assistance necessary for                    
particular projects to meet the financial feasibility criteria;                
and                                                                            
(6)  other relevant criteria, standards, or                                   
procedures.                                                                    
(d)  A loan made by the department shall be made                              
according to the standards, criteria, and procedures                           
established by regulation under this section.                                  
(e)  Repayment of the loans shall be secured in any                           
manner that the department determines is feasible to assure                    
prompt repayment under a loan agreement entered into with                      
the borrower. The department may make an unsecured loan                        
from the power project fund to a borrower regulated by the                     
Alaska Public Utilities Commission under AS42.05 if the                        
borrower has a substantial history of repaying long-term                       
loans and the capacity to repay the loan. Under a loan                         
agreement, repayment may be deferred for 10 years or until                     
the project for which the loan is made has achieved earnings                   
from its operations sufficient to pay the loan, whichever is                   
earlier.                                                                       
(f)  Power projects are subject to the following                              
limitations on interest and specific restrictions:                             
(1)  power projects for which loans are                                       
outstanding from the former water resources revolving loan                     
fund (former AS45.86) on July 13, 1978, may receive                            
additional financing from the power project fund; if granted,                  
(A)  the term of the additional                                              
financing may not exceed 50 years;                                             

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(B)  the interest of the additional                                          
financing must be at a rate of not less than three or                          
more than five percent a year on the unpaid bal-                               
ance;                                                                          
(C)  the grant of the additional                                             
financing must be conditioned on the repayment of                              
loan principal and interest to begin on the earlier of                         
(i)  the date of the start of                                               
commercial operation of the project; or                                        
(ii)  10 years from the date                                                
the loan is granted;                                                           
(2)  a loan for a power project                                               
(A)  may not be granted for a term                                           
that exceeds 50 years; and                                                     
(B)  shall be granted at an interest                                         
rate that is not less than zero percent and that is the                        
lesser of                                                                      
(i)  a rate equal to the                                                    
percentage that is the average weekly yield                                    
of municipal bonds for the 12 months                                           
preceding the date of the loan, as                                             
determined by the department from                                              
municipal bond yield rates reported in the                                     
30-year revenue index of the Weekly Bond                                       
Buyer; or                                                                      
(ii)  a rate determined by                                                  
the department that allows the project to                                      
meet criteria of financial feasibility                                         
established under (c) of this section.                                         
(g)  Loan repayments and interest earned by loans                             
from the power project fund shall be deposited in the power                    
project fund unless an appropriation to fund the loan directs                  
otherwise.                                                                     
                                                                               
                                                                               

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(h)  The legislature may forgive the repayment of a                           
loan made from the power project fund for a reconnaissance                     
study or a feasibility study when the department finds that                    
the power project for which the loan was made is not                           
feasible.                                                                      
	(i)  Money in the power project fund may be used                             
by the legislature to make appropriations for costs of                         
administering the fund.                                                        
Sec. 42.45.020.  RURAL ELECTRIFICATION                                        
REVOLVING LOAN FUND.  (a)  The rural electrification                           
revolving loan fund is established in the department.  The                     
fund consists of                                                               
(1)  appropriations made to the fund; and                                     
(2)  repayments of principal and interest on                                  
loans made under this section.                                                 
(b)  Subject to AS42.45.060, the department may                               
make loans from the rural electrification revolving loan fund                  
to electric utilities certified by the Alaska Public Utilities                 
Commission.  A loan from the fund may be made only for                         
the purpose of extending new electric service into an area of                  
the state that an electric utility may serve under a certificate               
of public convenience and necessity issued by the Alaska                       
Public Utilities Commission.  A loan may be made from the                      
fund to an electric utility if the utility invests the money                   
necessary to provide one pole, one span of line, one                           
transformer, and one service drop for each consumer for                        
whom immediate service would be provided by the                                
extension of electric service.  However, a loan may not be                     
made from the fund unless                                                      
(1)  the loan is recommended by a loan                                        
advisory committee appointed under AS42.45.030; and                            
(2)  the extension of electric service would                                  
provide immediate service to at least three consumers.                         
(c)  A loan from the rural electrification revolving                          
loan fund shall bear an annual rate of interest of two percent                 
of the unpaid balance of the loan.                                             
                                                                               

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(d)  When the department makes a loan under this                              
section, the electric utility receiving the loan shall,                        
(1)  in addition to the rates that it is                                      
authorized to charge, charge the consumers served by the                       
electric service extended with the loan proceeds an amount                     
sufficient to pay the interest costs of the loan;                              
(2)  pay to the department annually an                                        
amount equal to                                                                
(A)  interest of two percent on the                                          
unpaid balance of the loan; and                                                
(B)  payments on the unpaid                                                  
balance of the principal of the loan for each new                              
consumer served by the electric service extended                               
with the loan proceeds; payments on the unpaid                                 
balance of the principal of the loan shall be made                             
at a rate equal to the difference between the actual                           
cost of making the service connection to the                                   
consumers and the minimum investment per                                       
consumer required of the utility before a loan is                              
made under (b) of this section.                                                
(e)  The department shall                                                     
(1)  adopt regulations necessary to carry out                                 
the provisions of this section;                                                
(2)  administer the rural electrification                                     
revolving loan fund; and                                                       
(3)  submit to the legislature within the first                               
10 days of each regular legislative session a report of                        
actions taken by the department under this section and an                      
accounting of the rural electrification revolving loan fund.                   
(f)  Money in the rural electrification revolving loan                        
fund may be used by the legislature to make appropriations                     
for costs of administering the fund.                                           
	(g)  On June 30 of each fiscal year the unexpended                           
and unobligated cash balance of the fund that is attributable                  
to loans owned by the fund lapses into the general fund.                       
	(h)  In this section,                                                        
                                                                               

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SB 106                                                                       
(1)  "consumer" means a person or a                                           
governmental agency, if the person or governmental agency                      
requests and offers to pay for electrical service to a facility                
or part of a facility; the department shall consider a person                  
who, or a governmental agency that, offers to pay for                          
electrical service to several facilities to be a separate                      
consumer for each facility, if each facility is physically                     
separate from another facility, other than through electric                    
service lines, and if the person or governmental agency                        
requests and offers to pay for electrical service to each                      
facility;                                                                      
(2)  "facility" means a structure capable of                                  
receiving and using electrical energy; and                                     
(3)  "governmental agency" includes, with                                     
respect to the state or federal government or a municipal                      
government, a legislative body, board of regents,                              
administrative body, board, commission, committee,                             
subcommittee, authority, council, agency, public corporation,                  
school board, department, division, bureau, or other                           
subordinate unit, whether advisory or otherwise, of the state,                 
federal, or municipal government.                                              
Sec. 42.45.030.   LOAN ADVISORY                                               
COMMITTEE.  When an application for a rural                                    
electrification loan is submitted to the department under                      
AS42.45.020, the department shall appoint a local advisory                     
committee from persons residing in the area that the                           
applicant utility is certified to serve.  The loan advisory                    
committee shall consider the loan application and shall                        
recommend whether the loan application is to be approved                       
or disapproved.  The loan advisory committee may make a                        
favorable recommendation only if it determines that                            
development in the area of the proposed extension of electric                  
service is likely to provide for full repayment of the loan                    
under AS42.45.020(d) within 10 years.   In making that                         
determination, the committee shall consider                                    
                                                                               
                                                                               

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(1)  permanence of the premises to be                                         
served by the extension;                                                       
(2)  land use patterns in the area;                                           
(3)  access for the line that would be                                        
installed with loan proceeds;                                                  
(4)  availability of other utility service in                                 
the area; and                                                                  
(5)  the economic feasibility of the extension                                
of electric service with the proceeds of the loan.                             
	Sec. 42.45.040.  SOUTHEAST ENERGY FUND.                                      
The Southeast energy fund is established as a separate fund.                   
The fund consists of money transferred to it under AS                          
42.45.050.  The department may make grants from the                            
Southeast energy fund to utilities participating in the power                  
transmission intertie between the Swan Lake and Tyee Lake                      
hydroelectric projects for power projects, for repayment of                    
loans, and for payments on bonds.                                              
	Sec. 42.45.050.  FOUR DAM POOL TRANSFER                                      
FUND.  (a)  The four dam pool transfer fund is established                     
in the department.  The fund consists of repayments of                         
principal and income that would have been deposited in the                     
former power development revolving loan fund under former                      
AS 44.83.500.                                                                  
	(b)  Subject to appropriation, the department shall                          
transfer the balance of the four dam pool transfer fund each                   
month in accordance with this subsection.  Subject to                          
appropriation                                                                  
		(1)  30 percent of the balance in the four                                  
dam pool transfer fund shall be transferred to the power cost                  
equalization and rural electric capitalization fund to be used                 
for power cost equalization and rural electric projects;                       
		(2)  40 percent of the balance in the four                                  
dam pool transfer fund shall be transferred to the Southeast                   
energy fund to be used for power projects for utilities                        
participating in the power transmission intertie between the                   
Swan Lake and Tyee Lake hydroelectric projects; and                            
                                                                               

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		(3)  30 percent of the balance in the four                                  
dam pool transfer fund shall be transferred to the power                       
project fund to be used for statewide utility projects.                        
	Sec. 42.45.060.  APPROVAL BY LOAN                                            
COMMITTEE AND LEGISLATURE.  (a)  A loan                                        
committee consisting of seven members is established.  The                     
committee is composed of the commissioner of community                         
and regional affairs, the commissioner of commerce and                         
economic development, the director of management and                           
budget, or the designees of the commissioners or the                           
director, and four public members.                                             
	(b)  The public members of the committee are                                 
appointed by and serve at the pleasure of the governor.                        
Public members serve staggered four-year terms.  Only one                      
public member may be appointed from each judicial district                     
described in AS22.10.010.  Public members of the                               
committee serve without compensation but are entitled to                       
travel and per diem as provided for members of boards and                      
commissions under AS39.20.180.  A public member of the                         
committee serves until a successor is appointed.  An                           
appointment to fill a vacancy among the public members on                      
the committee is for the remainder of the unexpired term.                      
	(c)  The commissioner of community and regional                              
affairs serves as chair of the committee.  The committee                       
may elect other officers as necessary.  A majority of the                      
members of the committee constitute a quorum and may                           
exercise the powers of the committee.                                          
  	(d)  A meeting by an electronic medium as provided                         
in this subsection has the same legal effect as a meeting in                   
person.  The committee may meet and transact business by                       
an electronic medium if                                                        
 		(1)  public notice of the time and locations                               
where the meeting will be held by an electronic medium has                     
been given in the same manner as if the meeting were held                      
in a single location;                                                          
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2134
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		(2)  participants and members of the public                                 
in attendance can hear and have the same right to participate                  
in the meeting as if the meeting were conducted in person;                     
and                                                                            
		(3)  copies of pertinent reference materials,                               
statutes, regulations, and audio-visual materials are                          
reasonably available to participants and to the public.                        
	(e)  A member of the committee may not vote on                               
a resolution of the committee relating to a lease or contract                  
to be entered into by the department under this chapter if                     
the member is a party to the lease or contract or has a                        
direct ownership or equity interest in a firm, partnership,                    
corporation, or association that is a party to the contract or                 
lease.  When abstaining from voting, the member must                           
disclose the reason for the abstention.  A member who is a                     
member of an electric cooperative that is organized under or                   
subject to AS10.25 (Electric and Telephone Cooperative                         
Act) may vote on a resolution relating to a contract or lease                  
to which that cooperative is a party. The member shall                         
disclose the cooperative membership at the time of voting.                     
A resolution of the committee that is approved by a majority                   
of the members present who are not barred from voting                          
under this subsection is a valid action of the committee for                   
all purposes.                                                                  
	(f)  Except for loans from the bulk fuel revolving                           
loan fund (AS 42.45.250), the department shall submit the                      
loans that the department proposes to approve under this                       
chapter to the committee for the committee's review.  The                      
department may not enter into a loan for an amount equal                       
to or greater than $500,000 unless the committee approves                      
the loan or unless the loan has received legislative approval                  
under (g) of this section.  The department may not enter                       
into a loan for an amount less than $500,000 for a period                      
of 30 days after submission of the proposal to the                             
committee.  If, within the 30 days, the committee notifies                     
the department that it intends to review a loan for less than                  
                                                                               

1993-05-07                     Senate Journal                      Page 2135
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	$500,000, the department may not enter into the loan unless                   
	it is approved by the committee.                                              
	(g)  The department may not enter into a loan for                            
a major project unless it has legislative approval of the                      
project and the amount.  An appropriation for the loan that                    
names the project subject to this subsection constitutes                       
approval under this subsection.  Projects subject to                           
legislative approval under this subsection include                             
		(1)  a project in which the cumulative state                                
monetary involvement, through loans, grants, and bonds, is                     
at least $5,000,000; or                                                        
		(2)  a project for which a loan of more than                                
$5,000,000 has been requested.                                                 
                    ARTICLE 2.  POWER COST EQUALIZATION AND                    
                         RURAL ELECTRIC CAPITALIZATION.                        
Sec. 42.45.100.  POWER COST EQUALIZATION                                      
AND RURAL ELECTRIC CAPITALIZATION FUND.  (a)                                   
The power cost equalization and rural electric capitalization                  
fund is established as a separate fund for the purpose of                      
		(1)  equalizing power cost per kilowatt-hour                                
statewide at a cost close to or equal to the mean of the cost                  
per kilowatt-hour in Anchorage, Fairbanks, and Juneau by                       
paying money from the fund to eligible electric utilities in                   
the state; and                                                                 
		(2)  to make grants to eligible utilities under                             
AS42.45.180 to improve the performance of the utility.                         
	(b)  The fund shall be administered by the                                   
department as a fund distinct from the other funds of the                      
department.  The fund is composed of                                           
		(1)  money appropriated to provide power                                    
cost equalization to eligible electric utilities and to provide                
grants for utility improvements; and                                           
		(2)  interest earned on those appropriations.                               
	(c)  The fund is not a dedicated fund.                                       
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2136
SB 106                                                                       
Sec. 42.45.110.  ENTITLEMENT TO POWER                                         
COST EQUALIZATION.  (a)  The costs used to calculate                           
the amount of power cost equalization for all electric utilities               
eligible under AS42.45.100-42.45.150 include all                               
allowable costs, except return on equity, used by the Alaska                   
Public Utilities Commission to determine the revenue                           
requirement for electric utilities subject to rate regulation                  
under AS42.05.  The costs used in determining the power                        
cost equalization per kilowatt-hour shall exclude any other                    
type of assistance that reduces the customer's costs of power                  
on a kilowatt-hour basis and that is provided to the electric                  
utility within 60 days before the commission determines the                    
power cost equalization per kilowatt-hour of the electric                      
utility.  In calculating power cost equalization, the                          
commission may not consider validated costs or kilowatt-                       
hour sales associated with a United States Department of                       
Defense facility.                                                              
(b)  An eligible electric utility is entitled to receive                      
power cost equalization                                                        
(1)  for sales of power to local community                                    
facilities, calculated in the aggregate for each community                     
served by the electric utility, for actual consumption of not                  
more than 70 kilowatt-hours per month for each resident of                     
the community; the number of community residents shall be                      
determined under AS29.60.020; and                                              
(2)  for actual consumption of not more                                       
than 700 kilowatt-hours per month sold to each customer in                     
all classes served by the electric utility except                              
		(A)  customers of the utility under                                        
(1) of this subsection; and                                                    
		(B)  customers that are state or                                           
federal offices or state or federal facilities other than                      
public schools.                                                                
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2137
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(c)  The amount of power cost equalization provided                           
per kilowatt-hour under (b) of this section may not exceed                     
95 percent of the power costs, or the average rate per                         
eligible kilowatt-hour sold, whichever is less, as determined                  
by the department.  However,                                                   
(1)  during the state fiscal year that began                                  
July1, 1993, the power costs for which power cost                              
equalization were paid to an electric utility were limited to                  
minimum power costs of more than 9.5 cents per kilowatt-                       
hour and less than 52.5 cents per kilowatt-hour;                               
		(2)  during each following state fiscal year,                               
the department shall adjust the power costs for which power                    
cost equalization may be paid to an electric utility based on                  
the weighted average retail residential rate in Anchorage,                     
Fairbanks, and Juneau; and                                                     
(3)  the power cost equalization per                                          
kilowatt-hour may be determined for a utility without                          
historical kilowatt-hour sales data by using kilowatt-hours                    
generated.                                                                     
(d)  An electric utility whose customers receive                              
power cost equalization under AS42.45.100-42.45.150                            
shall set out in its tariff the rates without the power cost                   
equalization and the amount of power cost equalization per                     
kilowatt-hour sold.  The rate charged to the customer shall                    
be the difference between the two amounts.  Power cost                         
equalization paid under AS42.45.100-42.45.150 shall be                         
used to reduce the cost of all power sold to local                             
community facilities, in the aggregate, to the extent of 70                    
kilowatt-hours per month per resident of the community, and                    
to reduce the cost of the first 700 kilowatt-hours per                         
customer per month for all other classes served by the                         
electric utility except state and federal offices and state and                
federal facilities other than public schools.                                  
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2138
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(e)  The power cost equalization program shall be                             
administered by the department based on a determination by                     
the department under (a) and (c) of this section of power                      
cost equalization per kilowatt-hour for each eligible electric                 
utility.                                                                       
(f)  The department may not deny an eligible                                  
electric utility power cost equalization because complete cost                 
information is not available.  The department shall assist an                  
eligible electric utility that is exempt from rate regulation                  
under AS42.05 to provide the cost information the                              
department considers necessary to comply with                                  
AS42.45.100-42.45.150.  Only power costs that are                              
supportable may be considered in calculating power cost                        
equalization. Each electric utility is responsible for keeping                 
records that provide the information necessary to comply                       
with AS42.45.100- 42.45.150 including records of monthly                       
kilowatt-hour sales or generation, monthly fuel balances, fuel                 
purchases, and monthly utility fuel consumption.                               
(g)  The department shall determine the cost of fuel                          
for each eligible electric utility using the procedure for                     
approving fuel cost rate adjustments of electric utilities                     
subject to rate regulation under AS 42.05.                                     
(h)  Each electric utility receiving power cost                               
equalization approved by the department shall                                  
(1)  report monthly to the department within                                  
the time and in the form the department requires; and                          
(2)  use operational equipment designed to                                    
meter individual utility customer power consumption and to                     
determine and record the utility's overall fuel consumption.                   
(i)  The department shall review the report required                          
under (h) of this section.  After review and approval of the                   
report, the department shall, subject to appropriation, pay to                 
each eligible electric utility an amount equal to the power                    
cost equalization per kilowatt-hour determined under (a) and                   
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2139
SB 106                                                                       
	(c) of this section, multiplied by the number of kilowatt-                    
	hours eligible for power cost equalization that were sold                     
	during the preceding month to all customers of the utility                    
	under (b) of this section.  Payment shall be made by the                      
	department within 30 days after receipt from the utility of                   
	the report required under (h) of this section.  If                            
	appropriations are insufficient for payment in full, the                      
	amount paid to each electric utility is reduced on a pro rata                 
	basis.                                                                        
Sec. 42.45.120.  NOTICE TO CUSTOMERS.   If                                    
an electric utility receives power cost equalization under                     
AS42.45.100- 42.45.150, the utility shall either give to its                   
electric service customers eligible under this program, for                    
each period for which the payment is received,                                 
(1)  the following notice:                                                    
                               NOTICE TO CUSTOMER                              
For the current billing period the                                           
utility will be paid under the State                                           
of Alaska's power cost equalization                                            
program (AS42.45.100) to assist                                                
the utility and its customers in                                               
reducing the high cost of generation                                           
of electric energy.  Your total                                                
electrical service cost	$. . . . . .                                           
Less state equalization	$. . . . . .                                         
 Your charge		$ . . . . . ;                                                  
or                                                                             
(2)  a notice approved by the department that                                 
provides electric service customers the same information                       
provided by the notice in (1) of this section.                                 
Sec. 42.45.130.  COST MINIMIZATION.  (a)  In                                  
order to qualify for power cost equalization, each electric                    
utility shall make every reasonable effort to minimize                         
administrative, operating, and overhead costs, including using                 
the best available technology consistent with sound utility                    
management practices.  In reviewing applications for power                     
                                                                               

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	cost equalization, the department may require the elimination                 
	of unnecessary operating expenses.  Each eligible electric                    
	utility shall cooperate with appropriate state agencies to                    
	implement cost-effective energy conservation measures and                     
	to plan for and implement feasible alternatives to diesel                     
	generation.                                                                   
(b)  In this section, "energy conservation measures"                          
include weatherization and other insulating methods,                           
utilization of waste heat, appropriate sizing of new                           
generating equipment, and other programs of the state or                       
federal government intended and available for energy                           
conservation.                                                                  
Sec. 42.45.140.  CUSTOMER PETITIONS.  If the                                  
department receives a petition requesting power cost                           
equalization, signed by at least 25 percent of the customers                   
of an electric utility that is subject to rate regulation under                
AS42.05 and that has not applied for power cost                                
equalization under AS42.45.100- 42.45.150, the department                      
shall require the utility to submit a power cost equalization                  
application.  Upon a determination of eligibility for power                    
cost equalization, the utility, as a part of its service, shall                
receive power cost equalization and pass power cost                            
equalization benefits to its customers under AS42.45.100-                      
42.45.150.                                                                     
Sec. 42.45.150.  DEFINITIONS FOR                                              
AS42.45.100- 42.45.150.  In AS42.45.100- 42.45.150,                            
(1)  "community facility" means a water and                                   
sewer facility, public outdoor lighting, charitable educational                
facility, or community building whose operations are not                       
paid for by the state, the federal government, or private                      
commercial interests;                                                          
(2)  "eligible electric utility" or "electric                                 
utility" means a public, cooperative, or other corporation,                    
company, individual, or association of individuals, and                        
includes the lessees, trustees, or receivers appointed by a                    
court, that                                                                    
                                                                               

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(A)  owns, operates, manages, or                                             
controls a plant or system for the furnishing, by                              
generation, transmission or distribution, of electric                          
service to the public for compensation;                                        
(B)  during calendar year 1983, had                                          
a residential consumption level of power eligible for                          
power cost equalization under former AS44.83 of                                
less than 7,500 megawatt hours or had a residential                            
consumption level of power eligible for power cost                             
equalization under former AS44.83 of less than                                 
15,000 megawatt hours if the utility served two or                             
more municipalities or unincorporated communities;                             
and                                                                            
(C)  during calendar year 1984,                                              
used diesel fired generators to produce more than 75                           
percent of the electrical consumption of the utility;                          
an electric utility that is a subsidiary of another                            
electric utility is an "eligible electric utility" if the                      
operations of the subsidiary, considered separately,                           
meet the eligibility requirements of AS42.45.100-                              
42.45.150; if an electric utility did not receive                              
power cost assistance in 1983 but is otherwise                                 
eligible for power cost equalization under                                     
AS42.45.100- 42.45.150, the utility is an "eligible                            
electric utility";                                                             
(3)  "power costs" means costs used in                                        
determining power cost equalization under AS42.45.110(a)                       
and (c).                                                                       
Sec. 42.45.160.  ADJUSTMENTS TO POWER                                         
COST EQUALIZATION.  (a)  The commission may adjust                             
the power cost equalization per kilowatt-hour, determined                      
under AS42.45.100-42.45.150, payable to an electric                            
utility that is subject to rate regulation under AS42.05 if                    
the                                                                            
(1)  commission has approved a fuel cost                                      
rate adjustment caused by  an increase or decrease in the                      
electric utility's cost of fuel;                                               

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(2)  commission has approved a permanent                                      
or interim rate increase or decrease that establishes a higher                 
or lower power cost;                                                           
(3)  authority has discovered, in reviewing                                   
the monthly data submitted by the electric utility,                            
discrepancies that require adjustment of the power cost                        
equalization; or                                                               
(4)  authority determines that appropriations                                 
are insufficient to finance full payments to eligible electric                 
utilities.                                                                     
(b)  An electric utility that is eligible to receive                          
power cost equalization under this section and that receives                   
power cost equalization per kilowatt-hour approved by the                      
department shall report monthly to the department within the                   
time and in the form the department requires.  An electric                     
utility shall report                                                           
(1)  the power cost equalization per                                          
kilowatt-hour approved by the department;                                      
(2)  the total kilowatt-hours sold to each                                    
class of customer during the preceding month;                                  
(3)  the total kilowatt-hours eligible for                                    
power cost equalization under this section sold to each class                  
of customer during the preceding month;                                        
(4)  the total kilowatt-hours generated during                                
the preceding month, if available;                                             
(5)  any department approved amendments                                       
to the schedule of rates in effect during the preceding                        
month; and                                                                     
(6)  an increase or decrease in the current                                   
unit price of fuel from the base price used by the                             
department in determining power costs if the change is                         
expected to result in a subsequent power cost equalization                     
adjustment.                                                                    
(c)  The provisions of AS42.45.100-42.45.150                                  
relating to the determination of the amount of power cost                      
equalization and payment of the equalization assistance apply                  
to equalization assistance under this section.                                 

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Sec. 42.45.170.   EQUALIZATION ASSISTANCE                                     
TO UNREGULATED UTILITIES.  (a)  An electric utility                            
that is not subject to rate regulation by the Alaska Public                    
Utilities Commission under AS42.05 may receive power                           
cost equalization if the utility is otherwise eligible for                     
equalization assistance under AS42.45.100-42.45.150 and                        
if the utility                                                                 
(1)  files with the department financial data                                 
necessary to determine the power cost equalization per                         
kilowatt-hour as prescribed by the department and that is in                   
compliance with AS42.45.100-42.45.150;                                         
(2)  reports monthly to the department,                                       
within the time and in the form required, the information                      
required in (b) of this section;                                               
(3)  sets rates                                                               
(A)  that consider the power cost                                            
equalization provided under AS42.45.100-                                       
42.45.150 by subtracting from its revenue                                      
requirements for electric services the power cost                              
equalization per kilowatt-hour that it is eligible to                          
receive; and                                                                   
(B)  under which the power cost                                              
equalization provided in AS42.45.060- 42.45.110                                
is applied as a credit only against the cost of                                
kilowatt-hours eligible for equalization assistance                            
under AS42.45.100- 42.45.150 that are consumed                                 
by each customer in any month;                                                 
(4)  allows audits that the department                                        
determines are necessary to ensure compliance with this                        
section; and                                                                   
(5)  furnishes its electric service customers                                 
eligible under this program a notice as specified in                           
AS42.45.120.                                                                   
(b)  An electric utility that is eligible to receive                          
power cost equalization under this section shall report in                     
accordance with (a)(2) of this section                                         
                                                                               

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(1)  the power cost equalization per                                          
kilowatt-hour approved by the department;                                      
(2)  the total kilowatt-hours sold to each                                    
class of customer during the preceding month;                                  
(3)  the total kilowatt-hours eligible for                                    
power cost equalization under this section sold to each class                  
of customer during the preceding month;                                        
(4)  the total kilowatt-hours generated during                                
the preceding month, if available;                                             
(5)  any amendments to the schedule of                                        
rates in effect during the preceding month; and                                
(6)  an increase or decrease in the current                                   
unit price of fuel from the base price used by the                             
department in determining power costs if the change is                         
expected to result in a subsequent equalization assistance                     
level adjustment.                                                              
(c)  An electric utility that is eligible to receive                          
power cost equalization under this section may have its                        
power cost equalization per kilowatt-hour determination                        
changed by the department if the department                                    
(1)  has verified an increase or decrease in                                  
the electric utility's cost of fuel;                                           
(2)  has verified an increase in rates based                                  
on an increase in costs;                                                       
(3)  has discovered, in reviewing the                                         
monthly data submitted by the electric utility, discrepancies                  
that require adjustment of the power cost equalization; or                     
(4)  determines that appropriations are                                       
insufficient to finance full payments to eligible electric                     
utilities.                                                                     
(d)  The provisions of AS42.45.100- 42.45.150                                 
relating to the determination of the amount of power cost                      
equalization and payment of the equalization assistance apply                  
to equalization assistance under this section.                                 
                                                                               
                                                                               

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(e)  An application for power cost equalization by                            
an electric utility that is eligible to receive power cost under               
this section does not extend the jurisdiction of the Alaska                    
Public Utilities Commission beyond that established by                         
AS42.05.                                                                       
	Sec. 42.45.180.  GRANTS FOR UTILITY                                          
IMPROVEMENTS.  (a)  The department may make a grant                            
from the fund for an eligible utility for a small power                        
project that will reduce the cost of generating or transmitting                
power to the customers of the utility.  The amount of the                      
grant may not exceed 75 percent of the cost of the project.                    
The department may not make a grant under this section                         
unless the eligible utility has secured financing for 25                       
percent of the cost of the project from a source other than                    
the power cost equalization and rural electric capitalization                  
fund, as provided under (c) of this section.                                   
	(b)  The department may not allocate more than                               
three percent of the balance in the fund to grants under this                  
section in a fiscal year.                                                      
	(c)  In determining whether an eligible utility has                          
secured financing for 25 percent of the cost of the project                    
from a source other than the power cost equalization and                       
rural electric capitalization fund, the department shall accept                
solicited and unsolicited proposals for third party financing                  
or for a joint venture between the utility and an entity from                  
the private sector provided that the private sector participant                
has                                                                            
		(1)  a valid state business license;                                        
		(2)  a resolution or letter of agreement                                    
executed by the eligible utility agreeing to participation by                  
the private sector participant;                                                
		(3)  a business plan that illustrates how the                               
proposed project will reduce the cost of generating or                         
transmitting power to the customers of the utility.                            
                                                                               
                                                                               

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	(d)  In this section,                                                        
		(1)  "eligible utility" has the meaning given                               
in AS 42.45.150;                                                               
		(2)  "project" includes                                                     
		(A)  power generation systems;                                             
		(B)  transmission systems;                                                 
		(C)  distribution systems;                                                 
		(D)  metering systems;                                                     
		(E)  energy store systems;                                                 
		(F)  energy conservation programs;                                         
and                                                                            
		(G)  bulk fuel storage facilities;                                         
		(3)  "small power project" means a new or                                   
modified project that will either generate, store, or conserve                 
no more than 1.5 megawatts of power or provide a metering                      
system, transmission system, distribution system, or bulk fuel                 
storage facility that has an estimated cost of less than                       
$3,000,000.                                                                    
	Sec. 42.45.190.  DEFINITION FOR AS42.45.100 -                                
 42.45.190.  In AS42.45.100 - 42.45.190, "fund" means the                      
power cost equalization and rural electric capitalization fund                 
established under AS42.45.100.                                                 
                 ARTICLE 3.  ELECTRICAL SERVICE EXTENSION FUND.                
	Sec. 42.45.200.  ELECTRICAL SERVICE                                          
EXTENSION FUND ESTABLISHED. (a)  The electrical                                
service extension fund is established as a separate fund in                    
the department.  The fund consists only of money                               
appropriated to it by the legislature.                                         
	(b)  The department may make grants from the                                 
electrical service extension fund to certificated electric                     
utilities and to electric utilities exempt from certification                  
under AS42.05.711, as a first priority, to pay for costs of                    
site preparation and construction for the extension of                         
electrical service to private residences and small businesses                  
not currently served by an electric utility and, as a second                   
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2147
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	priority, for making improvements to existing utilities.  The                 
	amount of a grant made under this section may not exceed                      
	60 percent of the total cost of construction of the project.                  
	The costs considered in making a grant may not include                        
	costs of planning, feasibility studies, or design.                            
	(c)  An electric utility that has received a grant                           
under this section may charge a connection fee for initial                     
connection to the electrical service made available because                    
of the construction.  The connection fee for each residential                  
or commercial structure shall conform to the line extension                    
policy of the utility.                                                         
	(d)  The department shall adopt regulations under                            
AS44.62 (Administrative Procedure Act) to implement this                       
section.                                                                       
	(e)  In this section, "certificated" means holding a                         
certificate of public convenience and necessity issued by the                  
Alaska Public Utilities Commission under AS42.05.                              
                   ARTICLE 4.  BULK FUEL REVOLVING LOAN FUND.                  
	Sec. 42.45.250.  BULK FUEL REVOLVING LOAN                                    
FUND.  (a)  The bulk fuel revolving loan fund is                               
established in the department to assist communities in                         
purchasing bulk fuel.  A community, or a private individual                    
who has written endorsement from the governing body of                         
the community, is eligible for a loan from the bulk fuel                       
revolving loan fund for a bulk fuel purchase.                                  
	(b)  Money in the fund may be used by the                                    
legislature to make appropriations for costs of administering                  
this section.                                                                  
	(c)  The foreclosure expense account is established                          
as a special account within the bulk fuel revolving loan                       
fund.  This account is established as a reserve from fund                      
equity.                                                                        
	(d)  The department may spend money credited to                              
the foreclosure expense account when necessary to protect                      
the state's security interest in collateral on loans made under                
this section or to defray expenses incurred during foreclosure                 
proceedings after a default by an obligor.                                     

1993-05-07                     Senate Journal                      Page 2148
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	(e)  Loans made from the bulk fuel revolving loan                            
fund to one borrower in any fiscal year are not subject to                     
AS42.45.060 and                                                                
		(1)  may not exceed $100,000;                                               
		(2)  shall be repaid in one year or less; and                               
		(3)  may not exceed 90 percent of the                                       
wholesale price of the fuel purchased.                                         
	(f)  Interest may be charged on a loan made from                             
the bulk fuel revolving loan fund. Interest shall be charged                   
on a loan at a rate equal to the percentage of the average                     
weekly yield of municipal bonds for the 12 months                              
preceding the date of the loan, as determined by the                           
department from municipal bond yield rates reported in the                     
30-year revenue index of the Weekly Bond Buyer.                                
However, if the department finds that a community cannot                       
afford to repay a portion of interest on a loan, and makes                     
a determination in writing, the department may reduce or                       
eliminate the interest rate applicable to the loan.                            
	(g)  Repayments of the principal, the interest, and                          
the money chargeable to principal or interest that is                          
collected through liquidation by foreclosure or other process                  
on a loan made under this section shall be paid into the                       
bulk fuel revolving loan fund.  The fund is not a dedicated                    
fund.                                                                          
	(h)  The department may contract for the                                     
administration of the bulk fuel loan program established in                    
this section.                                                                  
	(i)  The department shall dispose of property                                
acquired through default or foreclosure of a loan made under                   
this section.  Disposal shall be made in a manner that serves                  
the best interests of the state, and may include the                           
amortization of payments over a period of years.                               
	(j)  The department may adopt regulations necessary                          
to carry out the provisions of this section, including                         
regulations to establish reasonable fees for services provided                 
and charges for collecting the fees.                                           
                                                                               

1993-05-07                     Senate Journal                      Page 2149
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	(k)  The department may collect the fees and                                 
collection charges established under (i) of this section and                   
shall deposit the money in the general fund.                                   
	(l)  In this section,                                                        
		(1)  "bulk fuel storage facility" means a                                   
storage tank capable of holding at least 10,000 gallons of                     
petroleum fuel; and                                                            
		(2)  "community" means an organized                                         
municipality or an unincorporated village that is a social                     
unit, with a population of less than 2,000 people.                             
                       ARTICLE 5.  JOINT ACTION AGENCIES.                      
	Sec. 42.45.300.  JOINT ACTION AGENCIES.  Two                                 
or more public utilities may form a joint action agency for                    
the purpose of participation in the design, construction,                      
operation, and maintenance of a generating or transmission                     
facility and to secure financing for carrying out the design,                  
construction, operation, and maintenance of the facility.  A                   
joint action agency may request the Alaska Industrial                          
Development and Export Authority to issue revenue bonds                        
for projects of the agency.  A joint action agency has the                     
powers of a public utility under AS42.05.                                      
                     ARTICLE 6.  MISCELLANEOUS PROVISIONS.                     
	Sec. 42.45.400.  ASSISTANCE TO RURAL                                         
UTILITIES.  The department shall provide technical                             
assistance to rural utilities including catastrophe prevention                 
programs and other training programs for utility projects.                     
The department shall provide rural utilities with the technical                
assistance and training that the utilities need to improve the                 
efficiency, safety, and reliability of their power systems and                 
to prevent emergency situations from developing.  At a                         
minimum, the assistance and training must include                              
information on                                                                 
		(1) reducing distribution line losses;                                      
		(2) installation of generators that are more                                
fuel efficient;                                                                
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2150
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		(3) preventative maintenance programs;                                      
		(4) safety inspections;                                                     
		(5) installing and maintaining waste heat                                   
systems;                                                                       
		(6) improved metering systems;                                              
		(7) improved management and                                                 
administration; and                                                            
		(8) coordinating regional activities, including                             
circuit rider maintenance programs.                                            
	(b)  In providing rural utilities with technical                             
assistance and training, the department shall give priority to                 
contracting with the private sector for these services.                        
	Sec. 42.45.410.  RELATIONSHIP WITH PRIVATE                                   
SECTOR.  The department shall, to the maximum extent                           
feasible, carry out its powers and duties under this chapter                   
by entering into contracts with appropriate entities in the                    
private sector.                                                                
                        ARTICLE 7.  GENERAL PROVISIONS.                        
	Sec. 42.45.990.  DEFINITIONS.  In this chapter,                              
unless the context otherwise requires,                                         
		(1) "department" means the Department of                                    
Community and Regional Affairs;                                                
(2)  "feasibility study"                                                      
(A)  means a study conducted to                                              
establish the economic and environmental                                       
practicality of completing a proposed power project;                           
                                                                               
(B)  includes engineering and design                                         
work to meet the requirements for submission of a                              
license application for a proposed new project to the                          
Federal Energy Regulatory Commission;                                          
(3)  "power" includes electrical energy                                       
generated, distributed, bought, or sold for lighting, heating,                 
power, and every other useful purpose;                                         
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2151
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(4)  "power project" or "project" means a                                     
plant, works, system, or facility, together with related or                    
necessary facilities and appurtenances, including a divided or                 
undivided interest in or a right to the capacity of a power                    
project or project, that is used or is useful for the purpose                  
of                                                                             
(A)  electrical or thermal energy                                            
production other than nuclear energy production;                               
(B)  waste energy utilization and                                            
energy conservation; or                                                        
(C)  transmission, purchase, sale,                                           
exchange, and interchange of electrical or thermal                             
energy, including district heating or interties;                               
(5)  "reconnaissance study" means a study                                     
conducted to assess the present and future electrical and                      
thermal energy needs of an area.                                               
   * Sec. 6.  AS 44.47.050 is amended to read:                               
	(a)   The department may                                                     
		(1)  advise and assist local governments;                                   
		(2)  serve as staff for the Local Boundary                                  
Commission;                                                                    
		(3)  conduct studies and carry out                                          
experimental and pilot projects for the purpose of developing                  
solutions to community and regional problems;                                  
		(4)  promote cooperative solutions to                                       
problems affecting more than one community or region,                          
including joint service agreements, regional compacts, and                     
other forms of cooperation;                                                    
		(5)  serve as a clearinghouse for information                               
useful in solution of community and regional problems, and                     
channel to the appropriate authority requests for information                  
and services;                                                                  
		(6)  advise and assist community and                                        
regional governments on matters of finance, including but                      
not limited to bond marketing and procurement of federal                       
funds;                                                                         
                                                                               

1993-05-07                     Senate Journal                      Page 2152
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		(7)  prepare suggested guidelines relating to                               
the content of notice of bond sale advertisements,                             
prospectuses, and other bonding matters issued by local                    
governments;                                                                   
		(8)  administer state funds appropriated for                                
the benefit of unorganized regions within the state, allowing                  
for maximum participation by local advisory councils and                       
similar bodies;                                                                
		(9)  carry out those administrative functions                               
in the unorganized borough that the legislature may                            
prescribe;                                                                     
		(10)  study existing and proposed laws and                                  
state activities that affect community and regional affairs and                
submit to the governor recommended changes in those laws                       
and activities;                                                                
		(11)  coordinate activities of the state that                               
affect community and regional affairs;                                         
		(12)  assist in the development of new                                      
communities and serve as the agent of the state for purposes                   
of participation in federal programs relating to new                           
communities;                                                                   
		(13)  supervise planning, management, and                                   
other activities required for local eligibility for financial aid              
under those federal and state programs that [WHICH]                        
provide assistance to community and regional governments;                      
		(14)  administer state and, as appropriate,                                 
federal programs for revenue sharing, grants, and other forms                  
of financial assistance to community and regional                              
governments;                                                                   
		(15)  provide staff assistance, as requested,                               
to the Rural Affairs Commission;                                               
		(16)  apply for, receive, and use funds from                            
federal and other sources, public or private, for use in                       
carrying out the powers and duties of the department;                          
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2153
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		(17)  request and utilize the resources of                                  
other agencies of state government in carrying out the                         
purposes of this chapter to the extent such utilization is                     
more efficient than maintaining departmental staff,                            
reimbursing the other agencies when appropriate;                               
		(18)    [REPEALED                                                           
		(19)]  advise and assist municipalities on                                  
procedures of assessment, valuation, and taxation, and notify              
municipalities of major errors in those procedures;                            
		(19)  carry out the powers and duties                                     
assigned it under AS42.45;                                                   
		(20)  carry out other functions and duties,                                 
consistent with law, necessary or appropriate to accomplish                    
the purpose of this chapter.                                                   
   * Sec. 7.  AS 44.83.030 is repealed and reenacted to read:                
	Sec. 44.83.030.  MEMBERSHIP OF THE                                           
AUTHORITY.  The directors of the Alaska Energy                                 
Authority are the members of the Alaska Industrial                             
Development and Export Authority.                                              
   * Sec. 8.  AS 44.83.040(a) is amended to read:                            
	(a)  The chair and vice-chair of the Alaska                                
Industrial Development and Export Authority shall serve                        
as officers of the Alaska Energy Authority [DIRECTORS                        
SHALL ELECT ONE OF THEIR NUMBER AS                                             
CHAIRMAN AND MAY ELECT OTHER OFFICERS                                          
THEY DETERMINE DESIRABLE].  The powers of the                                  
Alaska Energy Authority [AUTHORITY] are vested in the                      
directors, and three [FOUR] directors of the authority                     
constitute a quorum.  Action may be taken and motions and                      
resolutions adopted by the Alaska Energy Authority                         
[AUTHORITY] at a meeting by the affirmative vote of a                          
majority of the directors.  The directors of the Alaska                      
Energy Authority [AUTHORITY] serve without                                   
compensation, but they shall receive the same travel pay and                   
per diem as provided by law for board members under                          
AS39.20.180.                                                                 
                                                                               

1993-05-07                     Senate Journal                      Page 2154
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   * Sec. 9.  AS 44.83.070 is amended to read:                               
	Sec. 44.83.070.  PURPOSE OF THE AUTHORITY.                                   
The purpose of the authority is to promote, develop, and                   
advance the general prosperity and economic welfare of the                     
people of the state by providing a means of                                    
[CONSTRUCTING, ACQUIRING,] financing and operating                             
power projects and facilities that recover and use waste                       
energy.                                                                        
   * Sec. 10.  AS 44.83.080 is amended to read:                              
	Sec. 44.83.080.  POWERS OF THE AUTHORITY.                                    
In furtherance of its corporate purposes, the authority has the                
following powers in addition to its other powers:                              
		(1)  to sue and be sued;                                                    
		(2)  to have a seal and alter it at pleasure;                               
		(3)  to make and alter bylaws for its                                       
organization and internal management;                                          
		(4)  to adopt regulations governing the                                     
exercise of its corporate powers;                                              
 		(5)  to [ACQUIRE, WHETHER BY                                               
CONSTRUCTION, PURCHASE, GIFT OR LEASE, AND                                     
TO] improve, equip, operate, and maintain power projects;                      
		(6)  to issue bonds to carry out any of its                                 
corporate purposes and powers, including [THE                                  
ACQUISITION OR CONSTRUCTION OF A PROJECT TO                                    
BE OWNED OR LEASED, AS LESSOR OR LESSEE, BY                                    
THE AUTHORITY, OR BY ANOTHER PERSON, OR THE                                    
ACQUISITION OF ANY INTEREST IN A PROJECT OR                                    
ANY RIGHT TO CAPACITY OF A PROJECT,] the                                       
establishment or increase of reserves to secure or to pay the                  
bonds or interest on them, and the payment of all other                        
costs or expenses of the authority incident to and necessary                   
or convenient to carry out its corporate purposes and                          
powers;                                                                        
                                                                               
                                                                               

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		(7)  to sell, lease as lessor or lessee,                                    
exchange, donate, convey, or encumber in any manner by                     
mortgage or by creation of any other security interest, real                   
or personal property owned by it, or in which it has an                        
interest, when, in the judgment of the authority, the action                   
is in furtherance of its corporate purposes;                                   
		(8)  to accept gifts, grants, or loans from,                            
and enter into contracts or other transactions regarding them,                 
with any person;                                                               
		(9)  to deposit or invest its funds, subject to                             
agreements with bondholders;                                                   
		(10)  to enter into contracts with the United                               
States or any person and, subject to the laws of the United                    
States and subject to concurrence of the legislature, with a                   
foreign country or its agencies, for the financing,                            
[CONSTRUCTION, ACQUISITION,] operation, and                                
maintenance of all or any part of a power project, either                      
inside or outside the state, and for the sale or transmission                  
of power from a project or any right to the capacity of it or                  
for the security of any bonds of the authority issued or to                    
be issued for the project;                                                     
		(11)  to enter into contracts with any person                               
and with the United States, and, subject to the laws of the                    
United States and subject to the concurrence of the                            
legislature, with a foreign country or its agencies for the                    
purchase, sale, exchange, transmission, or use of power from                   
a project, or any right to the capacity of it;                                 
		(12)  to apply to the appropriate agencies of                               
the state, the United States, and to a foreign country and                 
any other proper agency for the permits, licenses, or                          
approvals as may be necessary, and to [CONSTRUCT,]                             
maintain and operate power projects in accordance with the                     
licenses or permits, and to obtain, hold, and use the licenses             
and permits in the same manner as any other person or                          
operating unit;                                                                
                                                                               
                                                                               

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		(13)  [TO PERFORM RECONNAISSANCE                                            
STUDIES, FEASIBILITY STUDIES, AND ENGINEERING                                  
AND DESIGN WITH RESPECT TO POWER PROJECTS;                                     
		(14)]  to enter into contracts or agreements                                
with respect to the exercise of any of its powers, and do all                  
things necessary or convenient to carry out its corporate                      
purposes and exercise the powers granted in this chapter;                      
		(14) [(15)  TO EXERCISE THE POWER                                       
OF EMINENT DOMAIN IN ACCORDANCE WITH                                           
AS09.55.240 - 09.55.460;                                                       
		(16)]  to recommend to the legislature                                      
		(A) [THE ISSUANCE OF                                                       
GENERAL OBLIGATION BONDS OF THE                                                
STATE TO FINANCE THE CONSTRUCTION OF                                           
A POWER PROJECT IF THE AUTHORITY FIRST                                         
DETERMINES THAT THE PROJECT CANNOT                                             
BE FINANCED BY REVENUE BONDS OF THE                                            
AUTHORITY AT REASONABLE RATES OF                                               
INTEREST;                                                                      
		(B)]  the pledge of the credit of the                                      
state to guarantee repayment of all or any portion of                          
revenue bonds issued to assist in construction of                              
power projects;                                                                
		(B) [(C)]  an appropriation from the                                   
general fund                                                                   
		(i)  for debt service on                                                  
bonds or other project purposes; or                                            
		(ii)  to reduce the amount                                                
of debt financing for the project;                                             
		[(D)  AN APPROPRIATION TO                                                  
THE POWER PROJECT FUND FOR A POWER                                             
PROJECT;                                                                       
		(E)   REPEALED                                                             
		(F)  DEVELOPMENT OF A                                                      
PROJECT UNDER FINANCING                                                        
                                                                               
                                                                               

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		ARRANGEMENTS WITH OTHER ENTITIES                                             
		USING LEVERAGED LEASES OR OTHER                                              
		FINANCING METHODS;                                                           
		(G)  AN APPROPRIATION FOR A                                                
POWER PROJECT ACQUIRED OR                                                      
CONSTRUCTED UNDER AS44.83.380 -                                                
44.83.425 (ENERGY PROGRAM FOR ALASKA)].                                        
   * Sec. 11.  AS 44.83.090(a) is amended to read:                           
	(a)  The authority shall, in addition to the other                           
methods that [WHICH] it may find advantageous, provide                     
a method by which municipal electric, rural electric,                          
cooperative electric, or private electric utilities and regional               
electric authorities, or other persons authorized by law to                    
engage in the distribution of electricity may secure a                         
reasonable share of the power generated by a project, or any                   
interest in a project, or for any right to the power and shall                 
sell the power or cause the power to be sold at the lowest                     
reasonable prices that [WHICH] cover the full cost of the                  
electricity or services, including capital and operating costs,                
debt coverage as considered appropriate by the authority,                      
and other charges that may be authorized by this chapter.                      
Except for a contract or lease entered into under former                   
AS44.83.380 - 44.83.425, a contract or lease for the sale,                     
transmission, and distribution of power generated by a                     
project or any right to the capacity of it shall provide:                      
		(1)  for payment of all operating and                                       
maintenance expenses of a project and costs of renewals,                       
replacements, and improvements of it;                                      
		(2)  for interest on and amortization charges                               
sufficient to retire bonds of the authority issued for the                     
project and reserves for them, plus a debt service coverage                    
factor as may be determined by the authority to be                             
necessary for the marketability of its bonds;                                  
		(3)  for monitoring of the project by the                                   
authority or its agents;                                                       
                                                                               
                                                                               

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		(4)  for full and complete disclosure to the                                
authority of all factors of costs in the transmission and                      
distribution of power, so that rates to any persons may be                     
fixed initially in the contract or lease and may be adjusted                   
from time to time on the basis of true cost data;                              
		(5)  for periodic revisions of the service and                              
rates to persons on the basis of accurate cost data obtained                   
by the accounting methods and systems approved by the                          
directors and in furtherance and effectuation of the policy                    
declared in this chapter;                                                      
		(6)  for the cancellation and termination of                                
a contract or lease upon violation of its terms by any                         
person;                                                                        
		(7)  for security for performance as the                                    
authority may consider practicable and advisable, including                    
provisions assuring the continuance of the distribution and                    
transmission of power generated by a project and the use of                    
its facilities for these purposes; and                                         
		(8)  other terms not inconsistent with the                                  
provisions and policy of this chapter as the authority may                     
consider advisable.                                                            
   * Sec. 12.  AS 44.83.110(b) is amended to read:                           
	(b)  Notwithstanding any other provisions of this                            
chapter, the trust indenture, trust agreement, secured loan                    
agreement, or other instrument or the resolution constituting                  
a contract with bondholders shall contain a covenant by the                    
authority that it will at all times maintain rates, fees, or               
charges sufficient to pay, and that a contract entered into by                 
the authority for the sale, transmission, or distribution of               
power shall contain rates, fees, or charges sufficient to pay              
the costs of operation and maintenance of the project, the                     
principal of and interest on bonds issued under the trust                      
agreement as the same severally become due and payable,                        
to provide for debt service coverage as considered necessary                   
by the authority for the marketing of its bonds and to                         
provide for renewals, replacements, and improvements of the                
                                                                               

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	project, and to maintain reserves required by the terms of the                
	trust agreement.  This subsection does not require a covenant                 
	that varies from a covenant entered into in accordance with                   
	the provisions of former AS44.83.380 - 44.83.425.                         
   * Sec. 13.  AS 44.83.382(a) is amended to read:                           
	(a)  A power development fund is established in the                          
Alaska Energy Authority to carry out the purposes of                           
former AS44.83.380 - 44.83.425.                                            
   * Sec. 14.  AS 44.83.384(a) is amended to read:                           
	(a) The fund may be used by the authority to                                 
provide money for                                                              
		(1)  [RECONNAISSANCE AND                                                    
FEASIBILITY STUDIES AND POWER PROJECT                                          
FINANCE PLANS PREPARED UNDER AS44.83.177 -                                     
44.83.181;                                                                     
		(2)  THE COST OF A POWER PROJECT,                                           
INCLUDING BUT NOT LIMITED TO COSTS OF                                          
ACQUIRING NECESSARY LICENSES, PREPARING                                        
ENGINEERING DESIGNS, OBTAINING LAND, AND                                       
CONSTRUCTING THE POWER PROJECT;                                                
		(3)]  the defeasance of bonds, or the                                       
payment of debt service on loans for or on an issue of                         
bonds sold in connection with a power project constructed                    
or acquired before the effective date of this section;                       
		(2) [(4)]  the cost of operating and                                    
maintaining power projects constructed or acquired before                    
the effective date of this section; and                                      
		(3) [(5)]  debt service on power projects                               
constructed or acquired before the effective date of this                    
section.                                                                     
   * Sec. 15.  AS 44.83.388(a) is amended to read:                           
	(a)  The authority shall maintain records of power                           
project allocations from the fund for each power project                       
		(1)  approved in accordance with former                                 
AS44.83.185; and                                                               
                                                                               
                                                                               

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		(2)  for which an allocation is made from                                   
an appropriation made by the legislature without specifying                    
an appropriation to a project.                                                 
   * Sec. 16.  AS 44.83.396(a) is amended to read:                           
	(a)  A power project that was [IS] acquired or                           
constructed as part of the former energy program for Alaska                
is owned, and shall be administered, by the authority.                         
   * Sec. 17.  AS 44.83.398(a) is amended to read:                           
	(a)  The authority shall sell power produced from                            
power projects acquired or constructed under the former                    
energy program for Alaska.  For purposes of this section,                      
Tyee Lake, Swan Lake, Solomon Gulch, and Terror Lake                           
hydroelectric facilities are considered to be one power                        
project.  This power project is referred to as the initial                     
project.                                                                       
   * Sec. 18.  AS 44.83.398(f) is amended to read:                           
	(f)  The provisions of (b) of this section do not                            
apply to an intertie that is authorized as a separate project                  
under former AS44.83.380. The authority shall establish                    
and maintain separate power rate schedules applicable to                       
each intertie that it has acquired or constructed as a separate                
power project under the energy program for Alaska.  The                        
power rate schedules shall produce sufficient revenue from                     
utilities connected by the intertie to pay (1) operation,                      
maintenance, and equipment replacement costs of the                            
intertie; (2) debt service of the intertie; and (3) safety                     
inspections and investigations of the intertie by the authority.               
If the authority determines that an intertie has ceased to                     
function as a separate project and has become a part of one                    
or more other power projects as a transmission line, the                       
power rate schedules established under this subsection shall                   
be terminated and a wholesale power rate applicable to the                     
former intertie shall be calculated under (b) of this section                  
for the project or projects of which it has become a part.                     
   * Sec. 19.  AS 44.83.510(a) is amended to read:                           
                                                                               
                                                                               

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	(a)  [THE AUTHORITY MAY BORROW FROM                                          
THE FUND FOR THE PURPOSE OF FINANCING A                                    
POWER PROJECT ACQUIRED OR CONSTRUCTED BY                                       
THE AUTHORITY UNDER THE ENERGY PROGRAM                                     
FOR ALASKA (AS44.83.380 - 44.83.425).]  Repayment of                           
a loan from the former power development revolving loan                    
fund must be made with the proceeds from the sale of                           
power from projects in the former energy program for                       
Alaska.  Except as provided in AS44.83.398(i), the                             
payments required to be made by the authority on a loan                        
from the fund constitute debt service for the purpose of                       
calculating the wholesale power rate in AS44.83.398(b)(1).                     
   * Sec. 20.  AS 44.83.530 is amended to read:                              
	Sec. 44.83.530.  DEFINITIONS.  In AS44.83.500                                
- 44.83.530,                                                               
		(1)  "fund" means the former power                                      
development revolving loan fund; and                                           
		(2)  "power project" means a project                                        
acquired or constructed under the former energy program                    
for Alaska, AS44.83.380 - 44.83.425.                                           
   * Sec. 21.  AS 44.83.930(a) is amended to read:                           
	(a)  When a project is operated by the authority, the                        
authority shall enter into one or more contracts for the sale                  
of electrical power, energy, transmission capacity, or service                 
from the project.  Unless the contract is entered into under                   
former AS44.83.380 - 44.83.425, a contract entered into                    
under this section must meet all requirements of                               
AS44.83.090.                                                                   
   * Sec. 22.  AS 44.83.990(3) is amended to read:                           
		(3)  "feasibility study"                                                    
		(A)  means a study conducted for                                           
the purpose of establishing the economic and                                   
environmental practicality of completing a proposed                            
power project under former AS44.83.181;                                    
                                                                               
                                                                               

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		(B)  includes engineering and design                                       
work to meet the requirements for submission of a                              
license application for a proposed new project to the                          
Federal Energy Regulatory Commission;                                          
   * Sec. 23.  AS 44.88.155(d) is amended  to read:                          
	(d)  A loan participation purchased by the authority                         
with assets of the enterprise development account or with                      
proceeds of bonds secured by assets of the enterprise                          
development account                                                            
		(1)  may not exceed $10,000,000;  however,                                
in the case of a loan participation for a power                                
transmission intertie, the loan participation may exceed                       
$10,000,000 with legislative approval;                                       
		(2)  may not be purchased unless                                            
		(A)  the project applicant is not, or,                                     
if the applicant is not a single proprietorship, all                           
members of the business enterprise or enterprises                              
constituting the project applicant are not, in default                         
on another loan made by the state or by a public                               
corporation of the state; and                                                  
		(B)  at least 20 percent of the                                            
principal amount of the loan is retained by the loan                           
originator;                                                                    
		(3)  may not be purchased if the loan to be                                 
purchased exceeds the cost of the project or 75 percent of                     
the appraised value of the project, whichever is less, unless                  
the amount of the loan in excess of this limit is federally                    
insured or guaranteed or is insured by a qualified mortgage                    
insurance company;                                                             
		(4)  may not be purchased if the                                            
participation in the loan to be purchased is for a term longer                 
than three-quarters of the authority's estimate of the life of                 
the project or 25 years from the date the loan is made,                        
whichever is earlier; however, in the case of a loan                         
participation for a power transmission intertie, the term                      
may not be longer than 50 years from the date the loan                         
is made;                                                                     

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		(5)  may be made only if the participation                                  
in the loan to be purchased contains amortization provisions;                  
the amortization provisions                                                    
		(A)  must be complete and                                                  
satisfactory to the authority and require periodic                             
payments by the borrower;                                                      
		(B)  may allow the loan originator                                         
to amortize the portion of the loan retained by the                            
loan originator using a shorter amortization schedule                          
than the amortization schedule for the portion of the                          
loan held by the authority if                                                  
		(i)  in the authority's                                                   
opinion, the project financed can support                                      
the increased debt service; and                                                
		(ii)  the accelerated                                                     
amortization schedule is required to induce                                    
the originator to make the loan;                                               
		(6)  may be made only if the participation                                  
in the loan to be purchased is in the form and contains the                    
terms and provisions with respect to insurance, repairs,                       
alterations, payment of taxes and assessments, default                         
reserves, delinquency charges, default remedies, acceleration                  
of maturity, secondary liens, and other matters the authority                  
prescribes; and                                                                
		(7)  may be made only if the participation                                  
in the loan to be purchased is secured as to repayment by                      
a mortgage or other security instrument in the manner the                      
authority determines is feasible to assure timely repayment                    
under a loan agreement entered into with the borrower.                         
   * Sec. 24.  AS 44.88.155(g) is amended  to read:                          
	(g)  Notwithstanding any other provision of this                             
section, the authority may waive or modify the requirements                    
of this section as it considers appropriate and prudent in                     
order to finance a project if the authority intends to own the                 
project or in order to finance a power transmission                          
intertie project.                                                            
   * Sec. 25.  AS 44.88.900(10) is amended to read:                          

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SB 106                                                                      
			(10)  "project" means                                                       
		(A)  a plant or facility used or                                           
intended for use in connection with making,                                    
processing, preparing, transporting, or producing in                           
any manner, goods, products, or substances of any                              
kind or nature or in connection with developing or                             
utilizing a natural resource, or extracting, smelting,                         
transporting, converting, assembling, or producing in                          
any manner, minerals, raw materials, chemicals,                                
compounds, alloys, fibers, commodities and                                     
materials, products, or substances of any kind or                              
nature;                                                                        
		(B)  a plant or facility used or                                           
intended for use in connection with a business                                 
enterprise;                                                                    
		(C)  commercial activity by a small                                        
enterprise;                                                                    
		(D)  a plant or facility                                                   
demonstrating technological advances of new                                    
methods and procedures and prototype commercial                                
applications for the exploration, development,                                 
production, transportation, conversion, and use of                             
energy resources;                                                              
		(E)  infrastructure for a new tourism                                      
destination facility or for the expansion of a tourism                         
destination facility;                                                          
		(F)  a plant or facility, other than                                     
a plant or facility described in (D) of this                                   
paragraph, for the generation, transmission,                                   
development, transportation, conversion, or use of                             
energy resources;                                                            
   * Sec. 26.  AS39.50.200(b)(46) and AS44.83.045 are repealed.              
   * Sec. 27.  AS39.50.200(b)(46); AS44.83.010, 44.83.105,                   
44.83.162, 44.83.163, 44.83.164, 44.83.165, 44.83.170, 44.83.177,              
44.83.179, 44.83.181, 44.83.183, 44.83.185, 44.83.187, 44.83.189,              
44.83.300, 44.83.310, 44.83.320, 44.83.325, 44.83.330, 44.83.340,              
                                                                               

1993-05-07                     Senate Journal                      Page 2165
SB 106                                                                       
44.83.350, 44.83.360, 44.83.361, 44.83.363, 44.83.370, 44.83.380,              
44.83.384(b), 44.83.384(c), 44.83.390, 44.83.392, 44.83.400,                   
44.83.410, 44.83.500, 44.83.510(b), 44.83.520, 44.83.600, 44.83.605.           
44.83.610, 44.83.615, 44.83.620, 44.83.625, 44.83.630, 44.83.650,              
44.83.990(8), and 44.83.990(9) are repealed.                                   
   * Sec. 28.  The Alaska Industrial Development and Export                  
Authority may issue bonds to finance the acquisition, design, and              
construction of a power transmission intertie of at least 138 kilovolts        
between Healy and Fairbanks and owned, for the benefit of all of               
the utilities participating in the intertie, by Golden Valley Electric         
Association, Inc.  The principal amount of the bonds may not exceed            
$60,000,000.                                                                   
   * Sec. 29.  The Alaska Industrial Development and Export                  
Authority may issue bonds to finance the acquisition, design, and              
construction of a power transmission intertie of at least 138 kilovolts        
between Anchorage and the Kenai Peninsula to be owned, for the                 
benefit of all of the utilities participating in the interties, by Chugach     
Electric Association, Inc.  The principal amount of the bonds may              
not exceed $60,000,000.                                                        
   * Sec. 30.  The Alaska Industrial Development and Export                  
Authority may issue bonds to finance the acquisition, design, and              
construction of a power transmission intertie of at least 115 kilovolts        
between the Swan Lake and Tyee Lake hydroelectric projects and                 
owned, for the benefit of all of the utilities participating in the            
intertie, by Ketchikan Public Utilities.  The principal amount of the          
bonds may not exceed $40,000,000.                                              
   * Sec. 31.  The Alaska Industrial Development and Export                  
Authority may issue bonds to finance the acquisition, design, and              
construction of a power transmission intertie of at least 138 kilovolts        
between Sutton and Glennallen and owned, for the benefit of all of             
the utilities participating in the intertie, by Copper Valley Electric         
Association.  The principal amount of the bonds may not exceed                 
$25,000,000.                                                                   
   * Sec. 32.  APPLICABILITY.  The repeal of statutes by sec. 27             
of this Act does not affect existing bonds or actions that have been           
taken under the repealed provisions.                                           
                                                                               

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   * Sec. 33.  TRANSITION.  All litigation, hearings, investigations,        
and other proceedings pending under a law amended or repealed by               
this Act, or in connection with functions transferred by this Act,             
continue in effect and may be continued and completed by the                   
Alaska Energy Authority or the Department of Community and                     
Regional Affairs, as appropriate, notwithstanding a transfer or                
amendment or repeal provided for in this Act.  Certificates, orders,           
and regulations issued or adopted under authority of a law amended             
or repealed by this Act remain in effect for the term issued, or until         
revoked, vacated, or otherwise modified under the provisions of this           
Act.  All contracts, rights, liabilities, bonds, notes, or other               
obligations created by or under a law amended or repealed by this              
Act, and in effect on the effective date of this Act remain in effect          
notwithstanding this Act's taking effect.  The Department of                   
Community and Regional Affairs shall assume, for those programs                
and projects transferred to it, the licenses, contracts, rights, liabilities,  
notes, or other obligations of the former Alaska Energy Authority              
with the same limitations and provisions as under a license, contract,         
right, liability, note, or other obligation of the former Alaska Energy        
Authority.  Real property, records, equipment, and other property of           
the Alaska Energy Authority related to the programs and projects               
transferred to the department shall be transferred to the Department           
of Community and Regional Affairs.                                             
   * Sec. 34.  TRANSITIONAL PROVISION CONCERNING                             
EMPLOYEES OF THE ALASKA ENERGY AUTHORITY.  When                                
the Department of Community and Regional Affairs determines that               
continued employment of certain employees of the Alaska Energy                 
Authority is necessary to continue uninterrupted service to programs,          
facilities, and power projects formerly owned by the Alaska Energy             
Authority that have been transferred to the department under this              
Act, the department may continue the employment of those                       
employees.                                                                     
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2167
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   * Sec. 35.  INITIAL TERMS OF LOAN COMMITTEE.                              
Notwithstanding AS42.45.060(b), enacted by sec.5 of this Act, the              
initial terms of two of the public members of the loan committee               
established under AS42.45.060 shall be for two years.  The                     
remaining two public members shall serve four-year terms as                    
provided in AS42.45.060.                                                       
   * Sec. 36.  CONTRACTS WITH PRIVATE SECTOR.  The                           
Alaska Energy Authority shall, to the maximum extent feasible, enter           
into contracts with public utilities and other entities to carry out its       
duties with respect to the maintenance and operation of power                  
projects owned by the Alaska Energy Authority.                                 
   * Sec. 37.  ORDERLY TRANSFER OF FUNCTIONS.  (a)                           
Notwithstanding the effective date of this Act, the governor, the              
Department of Community and Regional Affairs, the Alaska Energy                
Authority, and the office of management and budget shall implement             
this Act in an orderly fashion.  The transfer of rural programs                
operated by the Alaska Energy Authority to the Department of                   
Community and Regional Affairs must be completed no later than                 
September 30, 1993.  Until a program is transferred under this                 
section, the Alaska Energy Authority may continue to administer that           
program under the provisions of former AS44.83, notwithstanding                
the repeal of AS44.83 in sec. 27 of this Act.                                  
	(b)  The Alaska Energy Authority shall assist the members                     
of the Alaska Industrial Development and Export Authority to                   
prepare for the powers and duties granted to them under this Act.              
   * Sec. 38.  In accordance with AS01.10.030, if a provision of             
this Act, or the application of a provision of this Act to a person or         
circumstance, is held invalid, the remainder of this Act and the               
application to other persons or circumstances shall not be affected            
thereby.                                                                       
   * Sec. 39.  Sections 7, 8, and 26 of this Act take effect                 
December 31, 1993.                                                             
   * Sec. 40.  Except as provided in sec. 39 of this Act, this Act           
takes effect July1, 1993."                                                     
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2168
SB 106                                                                       
Senator Taylor moved for the adoption of Amendment No. 9.                      
Senator Lincoln objected.                                                      
                                                                               
Senator Duncan moved that CS FOR SENATE BILL NO. 106(FIN)                      
be returned to the Finance Committee.  Senators Taylor, Pearce                 
objected.                                                                      
                                                                               
The question being:  "Shall CS FOR SENATE BILL NO. 106(FIN)                    
be returned to the Finance Committee?"  The roll was taken with the            
following result:                                                              
                                                                               
CSSB 106 (FIN)                                                                 
Second Reading                                                                 
Return to Finance Committee?                                                   
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, the bill was not returned to the Finance Committee.                    
                                                                               
The question being: "Shall Amendment No. 9 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 106 (FIN)                                                                 
Second Reading                                                                 
Amendment No. 9                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               

1993-05-07                     Senate Journal                      Page 2169
SB 106                                                                       
and so, Amendment No. 9 was adopted.                                           
                                                                               
CS FOR SENATE BILL NO. 106(FIN) am was automatically in                        
third reading.                                                                 
                                                                               
Senator Adams moved and asked unanimous consent that CS FOR                    
SENATE BILL NO. 106(FIN) am be returned to second reading for                  
the purpose of a specific amendment, that being Amendment No. 10.              
Senator Kelly objected.                                                        
                                                                               
The question being: "Shall CS FOR SENATE BILL NO. 106(FIN)                     
am be returned to second reading for the purpose of a specific                 
amendment?"  The roll was taken with the following result:                     
                                                                               
CSSB 106(FIN) am                                                               
Return to Second for Specific Amendment                                        
                                                                               
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Leman,                   
Lincoln, Little, Rieger, Salo, Sharp, Taylor, Zharoff                          
                                                                               
Nays:  Frank, Halford, Kelly, Miller, Pearce, Phillips                         
                                                                               
and so, the bill was returned to second reading.                               
                                                                               
Senator Adams offered Amendment No. 10 :                                        
                                                                               
	Page 36, line 3:                                                              
		Delete "September 30"                                                        
		Insert  "December 31"                                                        
                                                                               
Senator Adams moved for the adoption of Amendment No. 10.                      
Senator Kerttula asked unanimous consent.  Without objection,                  
Amendment No. 10 was adopted.                                                  
                                                                               
CS FOR SENATE BILL NO. 106(FIN) am was automatically in                        
third reading.                                                                 

1993-05-07                     Senate Journal                      Page 2170
SB 106                                                                       
The question to be reconsidered:  "Shall CS FOR SENATE BILL                    
NO. 106(FIN) am "An Act transferring certain projects of and                   
amending and transferring programs of the Alaska Energy Authority              
to the Department of Community and Regional Affairs; relating to               
the Alaska Energy Authority; permitting the Alaska Industrial                  
Development and Export Authority to issue revenue bonds for certain            
plants or facilities for energy resources; permitting utilities to form        
joint action agencies; authorizing the Alaska Industrial Development           
and Export Authority to issue revenue bonds for power transmission             
interties; relating to rates for a public utility that sends or receives       
power over certain power transmission interties; relating to the power         
cost equalization and capital improvement fund; amending the                   
purpose of the Railbelt energy fund; and providing for an effective            
date" pass the Senate?"  The roll was taken with the following                 
result:                                                                        
                                                                               
CSSB 106(FIN) AM                                                               
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Halford, Jacko, Kelly, Leman, Little, Miller,            
Pearce, Phillips, Rieger, Salo, Sharp, Taylor                                  
                                                                               
Nays:  Adams, Duncan, Ellis, Kerttula, Lincoln, Zharoff                        
                                                                               
Donley changed from "Nay" to "Yea".                                            
Salo changed from "Nay" to "Yea".                                              
                                                                               
and so, CS FOR SENATE BILL NO. 106(FIN) am 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           
clauses.  Objections were heard.                                               
                                                                               
The question being:  "Shall the effective date clauses be adopted?"            
The roll was taken with the following result:                                  

1993-05-07                     Senate Journal                      Page 2171
SB 106                                                                       
                                                                               
CSSB 106(FIN) AM                                                               
Effective Dates                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
and so, the effective date clauses failed.                                     
                                                                               
CS FOR SENATE BILL NO. 106(FIN) am(efd fld) was referred to                    
the Secretary for engrossment.                                                 
                                                                               
SB 126                                                                       
Senator Taylor moved and asked unanimous consent that the Senate               
rescind its previous action in passing CS FOR SENATE BILL NO.                  
126(RLS) "An Act making special appropriations to fund the energy              
authority revolving fund; making special appropriations for design             
and construction of power transmission interties between Anchorage             
and the Kenai Peninsula, between Healy and Fairbanks, between the              
Swan Lake and Tyee Lake hydroelectric projects, and between                    
Sutton and Glennallen; making special appropriations for energy                
project assistance, repair, improvements, acquisition, and development         
and for renewal and replacement funds at facilities owned by the               
Alaska Energy Authority; and providing for an effective date."                 
Senator Duncan objected.                                                       
                                                                               
The question being:  "Shall the Senate rescind its previous action in          
passing CS FOR SENATE BILL NO. 126(RLS)?"  The roll was                        
taken with the following result:                                               
                                                                               
CSSB 126(RLS)                                                                  
Rescind Previous Action                                                        
                                                                               

1993-05-07                     Senate Journal                      Page 2172
SB 126                                                                       
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 Senate rescinded its previous action.                              
                                                                               
CS FOR SENATE BILL NO. 126(RLS) was before the Senate in                       
third reading on reconsideration.                                              
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
return to second reading for the purpose of a specific amendment,              
that being Amendment No. 2.  Senator Duncan objected.                          
                                                                               
The question being:  "Shall CS FOR SENATE BILL NO. 126(RLS)                    
be returned to second reading for the purpose of a specific                    
amendment?"  The roll was taken with the following result:                     
                                                                               
CSSB 126(RLS)                                                                  
Return to Second for Specific Amendment                                        
                                                                               
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 was returned to second reading.                               
                                                                               
Senators Sharp, Taylor offered Amendment No. 2 :                                
                                                                               
Page 1, line 1, through page 4, line 17:                                       
	Delete all material.                                                          
	Insert a new title and bill sections to read:                                 

1993-05-07                     Senate Journal                      Page 2173
SB 126                                                                       
""An Act making appropriations for grants and loans for                       
hydroelectric projects including power transmission interties, to              
capitalize certain funds for energy grant and loan programs in                 
the state, including the power cost equalization and rural electric            
capitalization fund, to the Department of Community and                        
Regional Affairs for operating costs related to power projects and             
programs and to capitalize the Railbelt energy fund; and                       
providing for an effective date."                                             
                                                                               
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                               
ALASKA:                                                                        
   * Section 1.  (a)  Subject to the conditions set out in (b) and (c)       
of this section, the sum of $43,200,000 is appropriated from the               
Railbelt intertie reserve (sec. 159, ch. 208, SLA 1990) to the                 
Department of Administration for payments as a grant under                     
AS37.05.316 to Golden Valley Electric Association for the benefit              
of all the utilities participating in the intertie for design and              
construction of a power transmission intertie of at least 138 kilovolts        
between Healy and Fairbanks.                                                   
	(b)  The appropriation made by (a) of this section is                         
contingent upon the execution of a written agreement between the               
electric utilities participating in the Healy-Fairbanks power                  
transmission intertie and the Department of Administration that                
provides that the participating utility or utilities agree to                  
		(1)  pay the design and construction costs for the                           
Healy-Fairbanks power transmission intertie that exceed $43,200,000;           
		(2)  pay the operation and maintenance costs of the                          
Healy-Fairbanks power transmission intertie; and                               
		(3)  allocate, in proportion to the system peak                              
demands of the utilities participating in the intertie, less a 1.5 mill        
per kilowatt hour charge for all energy assessed to the line paid by           
the receiving utility,                                                         
		(A)  the costs of construction that exceed                                  
the amount of the grant under this section;                                    
		(B)  the operation and maintenance costs;                                   
and                                                                            

1993-05-07                     Senate Journal                      Page 2174
SB 126                                                                       
		(C)  the costs that may reasonably be                                       
charged for services provided, including transmission to the                   
intertie.                                                                      
	(c)  The appropriation made by (a) of this section is                         
contingent upon the execution of a written agreement between the               
electric utilities participating in the intertie and the department in         
which Golden Valley Electric Association agrees to provide the other           
participating utilities access to the intertie for the purpose of assured      
access to resources, economy energy transactions, and other similar            
uses.                                                                          
   * Sec. 2.  (a)  Subject to the conditions set out in (b) and (c) of       
this section, the sum of $46,800,000 is appropriated from the                  
Railbelt intertie reserve (sec. 159, ch. 208, SLA 1990) to the                 
Department of Administration for payment as a grant under                      
AS37.05.316 to Chugach Electric Association for the benefit of all             
the utilities participating in the intertie for design and construction        
of a power transmission intertie of at least 138 kilovolts between             
Anchorage and the Kenai Peninsula.                                             
	(b)  The appropriation made by (a) of this section is                         
contingent upon the execution of a written agreement between the               
electric utilities participating in the Anchorage-Kenai Peninsula power        
transmission intertie and the Department of Community and Regional             
Affairs that provides that the participating utility or utilities agree to     
		(1)  pay the design and construction costs for the                           
Anchorage-Kenai Peninsula power transmission intertie that exceed              
$46,800,000;                                                                   
		(2)  pay the operation and maintenance costs of the                          
Anchorage-Kenai Peninsula power transmission intertie; and                     
		(3)  allocate, in proportion to the system peak                              
demands of the utilities participating in the intertie less a 1.5 mill         
per kilowatt hour charge for all energy generated by the Bradley               
Lake hydroelectric project purchased by the receiving utility,                 
		(A)  the costs of construction that exceed                                  
the amount of the grant under this section;                                    
		(B)  the operation and maintenance costs;                                   
and                                                                            

1993-05-07                     Senate Journal                      Page 2175
SB 126                                                                       
		(C)  the costs that may reasonably be                                       
charged for services provided, including transmission to the                   
intertie.                                                                      
	(c)  The appropriation made by (a) of this section is                         
contingent upon the execution of a written agreement between the               
electric utilities participating in the intertie and the department in         
which Chugach Electric Association agrees to provide the other                 
participating utilities access to the intertie for the purpose of assured      
access to resources, economy energy transactions, and other similar            
uses.                                                                          
   * Sec. 3.  The balance in the Railbelt intertie reserve, after the        
appropriations made by secs.1 and 2 of this Act are paid, is                   
appropriated to the Railbelt energy fund (AS37.05.520).                        
   * Sec. 4.  (a)  Subject to the conditions set out in (b) - (d) of f       
this section, the sum of $35,000,000 is appropriated from the                  
Railbelt energy fund (AS37.05.520) for deposit in the power project            
fund (AS42.45.010) for payment as a loan under AS42.45.010 to                  
the participating utilities for the design and construction of a power         
transmission intertie of at least 138 kilovolts between Sutton and             
Glennallen.                                                                    
	(b)  Notwithstanding AS42.45.010(g), repayments of                            
principal and interest on the loan for which an appropriation is made          
under (a) of this section are appropriated to the Railbelt energy fund         
(AS37.05.520).                                                                 
	(c)  The appropriation made by (a) of this section is                         
contingent on the participating utility or utilities and the Department        
of Community and Regional Affairs entering into an agreement for               
a loan at zero interest for a term of 50 years.                                
	(d)  The appropriation made by (a) of this section is                         
contingent upon the completion of a feasibility study and finance              
plan satisfactory to the Department of Community and Regional                  
Affairs as set out in former AS44.83.181.                                      
	(e) In this section, "participating utilities" means the utility              
or utilities participating in the design, construction, operation, and         
maintenance of the power transmission intertie between Sutton and              
Glennallen.                                                                    

1993-05-07                     Senate Journal                      Page 2176
SB 126                                                                       
   * Sec. 5.  (a)  Subject to the conditions set out in (b) and (c) o of     
this section, the sum of $20,000,000 is appropriated from the                  
Railbelt energy fund (AS37.05.520) for deposit in the power project            
fund (AS42.45.010) for payment as a loan under AS42.45.010 to                  
the participating utilities for design and construction of a power             
transmission intertie of at least 115 kilovolts between the Swan Lake          
and Tyee Lake hydroelectric projects.                                          
	(b)  Notwithstanding AS42.45.010(g), repayments of                            
principal and interest on the loan for which an appropriation is made          
under (a) of this section are appropriated to the Railbelt energy fund         
(AS37.05.520).                                                                 
	(c)  The appropriation made by (a) of this section is                         
contingent on the participating utility or utilities and the Department        
of Community and Regional Affairs entering into an agreement for               
a loan at three percent interest for a term of 15 years.                       
	(d)  In this section, "participating utilities" mean the utilities            
participating in the design, construction, operation, and maintenance          
of the power transmission intertie between the Swan Lake and Tyee              
Lake hydroelectric projects.                                                   
   * Sec. 6.  The sum of $3,900,000 is appropriated from the                 
general fund to the Department of Community and Regional Affairs               
for operating costs for carrying out its powers and duties under               
AS42.45 and AS44.47.050(19) and (20).                                          
   * Sec. 7.  The unexpended and unobligated balances of the               
following appropriations are repealed and reappropriated to the                
Railbelt energy fund (AS37.05.520):                                          
		(1)  that portion of the appropriation made by sec.                          
25, ch. 80, SLA 1979, page 66, line 38, as amended by sec. 448(a),             
ch. 105, SLA 1985, and sec. 275(a), ch. 130, SLA 1986, that is                 
allocated by sec. 25, ch. 80, SLA 1979, page 67, line 5 (Bradley               
Lake hydro project- $80,000);                                                  
		(2)  that portion of the appropriation made by sec.                          
1(a), ch. 90, SLA 1981, as amended by sec. 69, ch. 92, SLA 1981,               
and sec. 236, ch. 141, SLA 1982, that is allocated by sec. 1(a)(1),            
ch. 90, SLA 1981, as amended by sec. 69, ch. 92, SLA 1981                      
(Bradley Lake- $5,000,000);                                                    

1993-05-07                     Senate Journal                      Page 2177
SB 126                                                                       
		(3)  that portion of the appropriation made by sec.                          
1(b), ch. 90, SLA 1981, as amended by sec. 69, ch. 92, SLA 1981,               
and sec. 236, ch. 141, SLA 1982, that is allocated by sec. 1(b)(1),            
ch. 90, SLA 1981, as amended by sec. 69, ch. 92, SLA 1981                      
(Bradley Lake- $10,000,000);                                                   
		(4)  sec. 241, ch. 141, SLA 1982 (Bradley Lake                               
hydroelectric project- $3,000,000);                                            
		(5)  AS44.83.420, repealed by sec. 318, ch. 171,                             
SLA 1984 (Bradley Lake hydroelectric project);                                 
		(6)  sec. 5, ch. 41, SLA 1986 (Bradley Lake                                  
hydroelectric project- $50,000,000);                                           
		(7)  sec. 3, ch. 128, SLA 1986, page 8, line 7, as                           
amended by sec. 1, ch. 96, SLA 1987 (Alaska Power Authority,                   
Bradley Lake hydroelectric project- $50,000,000);                              
		(8)  sec. 6, ch. 172, SLA 1988 (Bradley Lake power                           
project- $7,000,000).                                                          
   * Sec. 8.  (a)  The sum of $13,200,000 is appropriated from the           
general fund to the Railbelt energy fund (AS37.05.520).                        
	(b)  The sum of $66,900,000 is appropriated from the                          
general fund to the Railbelt energy fund (AS37.05.520).                        
	(c)  The sum of $66,900,000 is appropriated from the                          
Railbelt energy fund (AS37.05.520) to the power cost equalization              
and rural electric capitalization fund (AS42.45.060) to capitalize the         
fund.                                                                          
   * Sec. 9.  The sum of $5,000,000 is appropriated from the                 
general fund to the Department of Community and Regional Affairs               
for payment as a grant under AS37.05.316 to the Iliamna-New                    
Halen-Nondalton Electric Cooperative for the design and construction           
of a 700 kilowatt hydroelectric power project on the Tazimina River            
and for the associated distribution system.                                    
   * Sec. 10.  The balances in the following funds on the effective          
date of this section are appropriated from the named former funds              
or accounts under the Alaska Energy Authority to the named funds               
established in the Department of Community and Regional Affairs                
to capitalize the funds:                                                       
                                                                               

1993-05-07                     Senate Journal                      Page 2178
SB 126                                                                       
                                                                               
ALASKA ENERGY FUND OR ACCOUNT	DEPARTMENTAL FUND                                
Power cost equalization fund		Power cost equalization and rural electric       
  (AS44.83.162)			  capitalization fund (AS42.45.060)                          
Power project fund (AS44.83.170)  	Power project fund (AS42.45.010)            
Rural electrification revolving	Rural electrification revolving                
  loan fund (AS44.83.361)	    	 loan fund (AS42.45.020)                        
Power development revolving loan	Four dam pool transfer fund                   
  (AS44.83.500)			   (AS42.45.050)                                             
Bulk fuel revolving loan fund	Bulk fuel revolving loan fund                    
  (AS44.83.600)			  (AS42.45.250)                                              
   * Sec. 11.  The sum of $3,000,000 is appropriated from the                
general fund to the power project fund (AS42.45.010) for payment               
as a loan to the City of Seward for completion of the electric                 
transmission line from Seward to the Lawing substation.                        
   * Sec. 12.  A sum equal to the amounts deposited in the                   
Southeast energy fund (AS42.45.040) beginning on the effective                 
date of this Act and ending on June 30, 1994, is appropriated from             
the Southeast energy fund to the Department of Administration for              
payment as a grant under AS37.05.316 to the Ketchikan Public                   
Utilities for expenses related to the power transmission intertie              
between the Swan Lake and Tyee Lake hydroelectric projects.                    
   * Sec. 13.  The sum of $126,600 is appropriated from federal              
receipts to the Department of Community and Regional Affairs for               
federally authorized energy programs and projects.                             
   * Sec. 14.  A sum equal to the retained money held by the                 
Alaska Energy Authority that is related to the authority's rural               
programs is transferred and appropriated to the Department of                  
Community and Regional Affairs for the purposes originally intended            
and for other energy-related purposes and projects.                            
   * Sec. 15.  (a)  This Act takes effect only if the Eighteenth             
Alaska State Legislature enacts an Act that gives the Department of            
Community and Regional Affairs responsibility for rural power                  
projects and programs.                                                         
	(b)  If this Act takes effect under (a) of this section, it takes             
effect on the effective date of those sections of an Act that give the         
Department of Community and Regional Affairs responsibility for                
rural power projects and programs."                                            
                                                                               

1993-05-07                     Senate Journal                      Page 2179
SB 126                                                                       
Senator Taylor moved for the adoption of Amendment No. 2.                      
Senator Duncan objected.                                                       
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 126(RLS)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
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. 2 was adopted.                                           
                                                                               
CS FOR SENATE BILL NO. 126(RLS) am was automatically in                        
third reading.                                                                 
                                                                               
The question to be reconsidered:  "Shall CS FOR SENATE BILL                    
NO. 126(RLS) am "An Act making appropriations for grants and                   
loans for hydroelectric projects including power transmission interties,       
to capitalize certain funds for energy grant and loan programs in the          
state, including the power cost equalization and rural electric                
capitalization fund, to the Department of Community and Regional               
Affairs for operating costs related to power projects and programs             
and to capitalize the Railbelt energy fund; and providing for an               
effective date" pass the Senate?"  The roll was taken with the                 
following result:                                                              
                                                                               
CSSB 126(RLS) AM                                                               
Third Reading - On Reconsideration                                             
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2180
SB 126                                                                       
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Halford, Jacko, Kelly, Leman, Little, Miller,            
Pearce, Phillips, Rieger, Sharp, Taylor                                        
                                                                               
Nays:  Adams, Duncan, Ellis, Kerttula, Lincoln, Salo, Zharoff                  
                                                                               
Donley changed from "Nay" to "Yea".                                            
                                                                               
and so, CS FOR SENATE BILL NO. 126(RLS) am passed the                          
Senate on reconsideration.                                                     
                                                                               
Senator Taylor moved the effective date clause.                                
                                                                               
The question being:  "Shall the effective date clause be adopted?"             
The roll was taken with the following result:                                  
                                                                               
CSSB 126(RLS) AM                                                               
Effective Date                                                                 
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
and so, the effective date clause failed.                                      
                                                                               
CS FOR SENATE BILL NO. 126(RLS) am(efd fld) was referred to                    
the Secretary for engrossment.                                                 
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2181
                             UNFINISHED BUSINESS                             
                                                                               
HB 148                                                                       
Senator Taylor moved and asked unanimous consent that the                      
reconsideration on 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" which had been placed in the Pending File on the Secretary's             
desk (page 2017) be taken up at this time.  Without objection, it              
was so ordered.                                                                
                                                                               
                         HOUSE BILLS IN THIRD READING                        
HB 148                                                                       
HOUSE BILL NO. 148 was before the Senate on reconsideration.                   
                                                                               
Senator Leman moved and asked unanimous consent that the Letter                
of Intent (page 1651) be adopted.  Without objection, the Senate               
Letter of Intent was adopted.                                                  
                                                                               
Senator Duncan called the Senate.  The call was satisfied.                     
                                                                               
The question to be reconsidered:  "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 - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Frank, Halford, Jacko, Kelly, Kerttula,                  
Leman, Lincoln, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff           
                                                                               
Nays:  Donley, Ellis, Little, Phillips                                         
                                                                               
and so, HOUSE BILL NO. 148 passed the Senate on reconsideration                
with a Senate Letter of Intent.                                                

1993-05-07                     Senate Journal                      Page 2182
HB 148                                                                       
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.                                 
                                                                               
HOUSE BILL NO. 148 was signed by the President and Secretary                   
and returned to the House with a Senate Letter of Intent.                      
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 236                                                                       
Senator Taylor moved and asked unanimous consent that the                      
reconsideration on CS FOR HOUSE BILL NO. 236(RLS) am "An                       
Act relating to notices for the sale of certain real property" which           
had been placed in the Pending File on the Secretary's desk (page              
2037) be taken up at this time.  Without objection, it was so                  
ordered.                                                                       
                         HOUSE BILLS IN THIRD READING                        
HB 236                                                                       
CS FOR HOUSE BILL NO. 236(RLS) am was before the Senate on                     
reconsideration.                                                               
                                                                               
Senator Phillips moved that CS FOR HOUSE BILL NO. 236(RLS)                     
am be returned to second reading for the purpose of a specific                 
amendment, that being Amendment No. 2.  Senator Duncan objected.               
                                                                               
The question being:  "Shall CS FOR HOUSE BILL NO. 236(RLS)                     
am be returned to second reading for the purpose of a specific                 
amendment?"  The roll was taken with the following result:                     
                                                                               
CSHB 236(RLS) AM                                                               
Return to Second for Specific Amendment                                        
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Halford, Jacko, Kelly, Leman, Little, Miller,            
Pearce, Phillips, Rieger, Sharp, Taylor                                        
                                                                               
Nays:  Adams, Duncan, Ellis, Kerttula, Lincoln, Salo, Zharoff                  
                                                                               

1993-05-07                     Senate Journal                      Page 2183
HB 236                                                                       
and so, the bill was returned to second reading.                               
                                                                               
Senator Phillips offered Amendment No. 2 :                                      
                                                                               
Page 2, Section 1, line 4:  After "(B)"                                        
                                                                               
	Delete	"contains, in at least 25 percent of                                 
each issue, editorial comments and news content                               
that is of general interest in the judicial district,                          
not just to a particular part of the judicial                                  
district; has more than an insignificant                                       
circulation througout the judicial district;"                                
                                                                               
Senator Phillips moved for the adoption of Amendment No. 2.                    
Objections were heard.                                                         
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSHB 236(RLS) AM                                                               
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Halford, Jacko, Kerttula, Lincoln, Little, Miller,              
Phillips, Rieger, Sharp, Taylor                                                
                                                                               
Nays:  Adams, Duncan, Ellis, Frank, Kelly, Leman, Pearce, Salo,                
Zharoff                                                                        
Jacko changed from "Nay" to "Yea".                                             
                                                                               
and so, Amendment No. 2 was adopted.                                           
                                                                               
CS FOR HOUSE BILL NO. 236(RLS) am S was automatically in                       
third reading.                                                                 
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2184
HB 236                                                                       
Senator Donley moved that CS FOR HOUSE BILL NO. 236(RLS)                       
am S be returned to second reading for the purpose of rescinding               
action in failing to adopt Amendment No. 1 (page 1939).                        
                                                                               
The question being:  "Shall CS FOR HOUSE BILL NO. 236(RLS)                     
am S be returned to second reading for rescinding action?"  The roll           
was taken with the following result:                                           
                                                                               
CSHB 236(RLS) AM S                                                             
Rescind Previous Action                                                        
                                                                               
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                                           
                                                                               
Sharp changed from "Nay" to "Yea".                                             
Kelly changed from "Nay" to "Yea".                                             
                                                                               
and so, the bill was returned to second reading.                               
                                                                               
Senator Donley moved that the Senate rescind its previous action in            
failing to adopt Amendment No. 1.  Senator Kelly objected.                     
                                                                               
The question being:  "Shall the Senate rescind its previous action in          
failing to adopt Amendment No. 1?"  The roll was taken with the                
following result:                                                              
                                                                               
CSHB 236(RLS) AM S                                                             
Second Reading                                                                 
Rescind action on Amendment No. 1                                              
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2185
HB 236                                                                       
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Kerttula, Leman,                   
Lincoln, Little, Miller, Pearce, Phillips, Salo, Taylor, Zharoff               
                                                                               
Nays:  Halford, Jacko, Kelly, Rieger, Sharp                                    
                                                                               
and so, the Senate rescinded its previous action.                              
                                                                               
The question being?  "Shall Amendment No. 1 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSHB 236(RLS) AM S                                                             
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Kerttula, Leman,                   
Lincoln, Little, Miller, Pearce, Phillips, Salo, Taylor, Zharoff               
                                                                               
Nays:  Halford, Jacko, Kelly, Rieger, Sharp                                    
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
CS FOR HOUSE BILL NO. 236(RLS) am S was automatically in                       
third reading.                                                                 
                                                                               
The question to be reconsidered:  "Shall CS FOR HOUSE BILL NO.                 
236(RLS) am S "An Act relating to notices for the sale of certain              
real property" pass the Senate?"  The roll was taken with the                  
following result:                                                              
                                                                               
CSHB 236(RLS) AM S                                                             
Third Reading - On Reconsideration                                             
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2186
HB 236                                                                       
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Frank, Halford, Jacko, Kelly, Leman,                    
Lincoln,                                                                       
Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff                       
                                                                               
Nays:  Adams, Ellis, Kerttula, Little, Salo                                    
                                                                               
and so, CS FOR HOUSE BILL NO. 236(RLS) am S passed the                         
Senate on reconsideration.                                                     
                                                                               
CS FOR HOUSE BILL NO. 236(RLS) am S was referred to the                        
Secretary for engrossment.                                                     
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 119                                                                       
Senator Pearce, Cochair, moved and asked unanimous consent that                
the Finance Committee referral be waived on CS FOR HOUSE BILL                  
NO. 119(JUD) am "An Act authorizing a sentencing court to impose               
a sentence of a day fine instead of a sentence of imprisonment on              
a defendant convicted of a misdemeanor; directing the Alaska                   
Supreme Court to develop and implement a day fine plan; requiring              
the Alaska Court System to report to the legislature on the use of             
day fines; amending Alaska Rule of Criminal Procedure 32; and                  
providing for an effective date."   Without objection, it was so               
ordered.                                                                       
                                                                               
CS FOR HOUSE BILL NO. 119(JUD) am was referred to the Rules                    
Committee.                                                                     
                                                                               
HB 93                                                                        
Senator Pearce, Cochair, moved and asked unanimous consent that                
the Finance Committee referral be waived on CS FOR HOUSE BILL                  
NO. 93 (CRA) "An Act relating to the village public safety officers            
program."  Without objection, it was so ordered.                               
                                                                               

1993-05-07                     Senate Journal                      Page 2187
HB 93                                                                        
CS FOR HOUSE BILL NO. 93(CRA) was referred to the Rules                        
Committee.                                                                     
                                                                               
                             UNFINISHED BUSINESS                             
HB 275                                                                       
Senator Pearce requested 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 at this time.            
                                                                               
                         HOUSE BILLS IN THIRD READING                        
                                                                               
HB 275                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 275(FIN) am S was                          
before the Senate in third reading on reconsideration.                         
                                                                               
Senator Jacko moved that SENATE CS FOR CS FOR HOUSE BILL                       
NO. 275(FIN) am S be returned to second reading for the purpose                
of a specific amendment, that being Amendment No. 3.  Senator                  
Adams objected.                                                                
                                                                               
The question being: "Shall SENATE CS FOR CS FOR HOUSE                          
BILL NO. 275(FIN) am S be returned to second reading for the                   
purpose of a specific amendment?"  The roll was taken with the                 
following result:                                                              
                                                                               
SENATE CS CSHB 275(FIN) AM S                                                   
Return to Second for Specific Amendment                                        
                                                                               
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                                                           
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2188
HB 275                                                                       
Rieger changed from "Nay" to "Yea".                                            
                                                                               
and so, the bill was not returned to second reading.                           
                                                                               
Senator Jacko moved that SENATE CS FOR CS FOR HOUSE BILL                       
NO. 275(FIN) am S be returned to second reading for the purpose                
of a specific amendment, that being Amendment No. 4.                           
                                                                               
The question being: "Shall SENATE CS FOR CS FOR HOUSE                          
BILL NO. 275(FIN) am S be returned to second reading for the                   
purpose of a specific amendment?"  The roll was taken with the                 
following result:                                                              
                                                                               
SENATE CS CSHB 275(FIN) AM S                                                   
Return to Second for Specific Amendment                                        
                                                                               
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                                                                        
Rieger changed from "Nay" to "Yea".                                            
                                                                               
and so, the bill was returned to second reading.                               
                                                                               
Senator Jacko offered Amendment No. 4 :                                         
                                                                               
Page 1, line 10 - Page 2, line 4:                                              
                                                                               
	Delete all material                                                           
	Insert new bill sections to read:                                             
   "* Sec. 2.  AS 16.51.020(b) is amended to read:                           
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2189
HB 275                                                                       
	(b)  Twelve members of the board shall be seafood                            
processors: eight of the seafood processors must have an                       
annual payroll in the state of more than $2,500,000                        
[$1,000,000 OR MORE]; four of the seafood processors                           
must have an annual payroll in the state of $50,000 -                          
$2,500,000.  Twelve [$1,000,000.  FIVE] members of the                     
board must be engaged in commercial fishing.  The                            
governor, to the extent practicable, shall appoint as                          
commercial fishing members of the board persons                                
engaged in commercial fishing in a fishery management                          
region of the state in the same proportion that the region                     
contributes, or is expected to contribute during the next                      
year, to the total salmon marketing tax collected under                        
AS43.76.110 - 43.76.130.  One member of the board shall                      
be a lay person selected by the governor.                                      
   * Sec. 3.  AS 16.51.020(b) is repealed and reenacted to read:             
	(b)  Twelve members of the board shall be seafood                            
processors:  eight of the seafood processors must have an                      
annual payroll in the state of more than $2,500,000; four of                   
the seafood processors must have an annual payroll in the                      
state of $50,000 - $2,500,000.  Twelve members of the                          
board must be engaged in commercial fishing.  One member                       
of the board shall be a lay person selected by the governor."                  
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 6, following line 15:                                                     
Insert a new subsection to read:                                              
	"(c)  Notwithstanding AS16.51.020(b), as amended by sec.                      
3 of this Act, a person who is serving as a member of the board of             
directors of the Alaska Seafood Marketing Institute on the day before          
the effective date of sec. 3 of this Act may continue to serve as a            
member of the board for the remainder of the term to which the                 
person was appointed."                                                         
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2190
HB 275                                                                       
Page 6, line 18:                                                               
	Delete "Section 6"                                                            
	Insert "Section 7"                                                            
                                                                               
Page 6, following line 18:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 12.  Section 3 of this Act takes effect upon the repeal of        
AS43.76.110, 43.76.120, and 43.76.130."                                        
                                                                               
Senator Jacko moved for the adoption of Amendment No. 4.                       
Senator Duncan objected.                                                       
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
SENATE CS CSHB 275(FIN) AM S                                                   
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
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. 4 was adopted.                                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 275(FIN) am S was                          
automatically in third reading.                                                
                                                                               
The question to be reconsidered:  "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:                                               
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2191
HB 275                                                                       
                                                                               
SENATE CS CSHB 275(FIN) AM S                                                   
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Frank, Kelly, Kerttula, Little, Miller, Pearce,         
Rieger, Salo, Sharp                                                            
                                                                               
Nays:  Adams, Ellis, Halford, Jacko, Leman, Lincoln, Phillips,                 
Taylor, Zharoff                                                                
                                                                               
Ellis changed from "Yea" to "Nay".                                             
Phillips changed from "Yea" to "Nay".                                          
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 275(FIN)                           
am S passed the Senate on reconsideration.                                     
                                                                               
Senator Taylor moved the effective date clause.                                
                                                                               
The question being:  "Shall the effective date clause be adopted?"             
The roll was taken with the following result:                                  
                                                                               
SENATE CS CSHB 275(FIN) AM S                                                   
Effective Date                                                                 
                                                                               
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Halford, Kelly, Kerttula,                 
Leman,                                                                         
Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp,                
Taylor                                                                         
                                                                               
Nays:  Adams, Jacko, Zharoff                                                   
                                                                               
                                                                               
and so, the effective date clause was adopted.                                 
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2192
HB 275                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 275(FIN) am S was                          
referred to the Secretary for engrossment.                                     
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 158                                                                       
The reconsideration on 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" was not taken up this legislative day         
and the bill was referred to the Secretary for engrossment.                    
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
SB 106                                                                       
CS FOR SENATE BILL NO. 106(FIN) am(efd fld) "An Act                            
transferring certain projects of and amending and transferring                 
programs of the Alaska Energy Authority to the Department of                   
Community and Regional Affairs; relating to the Alaska Energy                  
Authority; permitting the Alaska Industrial Development and Export             
Authority to issue revenue bonds for certain plants or facilities for          
energy resources; permitting utilities to form joint action agencies;          
authorizing the Alaska Industrial Development and Export Authority             
to issue revenue bonds for power transmission interties; relating to           
rates for a public utility that sends or receives power over certain           
power transmission interties; relating to the power cost equalization          
and capital improvement fund; amending the purpose of the Railbelt             
energy fund" was engrossed, signed by the President and Secretary              
and transmitted to the House for consideration.                                
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2193
SB 126                                                                       
CS FOR SENATE BILL NO. 126(RLS) am(efd fld) "An Act making                     
appropriations for grants and loans for hydroelectric projects                 
including power transmission interties, to capitalize certain funds for        
energy grant and loan programs in the state, including the power               
cost equalization and rural electric capitalization fund, to the               
Department of Community and Regional Affairs for operating costs               
related to power projects and programs and to capitalize the Railbelt          
energy fund" was engrossed, signed by the President and Secretary              
and transmitted to the House for consideration.                                
                                                                               
HB 158                                                                       
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" was          
engrossed, signed by the President and Secretary and returned to the           
House for consideration.                                                       
                                                                               
HB 236                                                                       
CS FOR HOUSE BILL NO. 236(RLS) am S "An Act relating to                        
notices for the sale of certain real property" was engrossed, signed           
by the President and Secretary and returned to the House for                   
consideration.                                                                 
                                                                               
HB 275                                                                       
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" was engrossed,             
signed by the President and Secretary and returned to the House for            
consideration.                                                                 
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2194
                                  ENROLLMENT                                 
                                                                               
SB 57                                                                      
SENATE BILL NO. 57 "An Act relating to employment                              
contributions and to extending the pilot project for the state training        
and employment program; and providing for an effective date" was               
enrolled, signed by the President and Secretary, Speaker and Chief             
Clerk and the engrossed and enrolled copies transmitted to the Office          
of the Governor at 9:15 a.m., May 7, 1993.                                     
                                                                               
SB 86                                                                        
SENATE BILL NO. 86 "An Act relating to funds transfers under the               
Uniform Commercial Code; changing Alaska Rule of Civil Procedure               
82; and providing for an effective date" was enrolled, signed by the           
President and Secretary, Speaker and Chief Clerk and the engrossed             
and enrolled copies transmitted to the Office of the Governor at 9:15          
a.m., May 7, 1993.                                                             
                                                                               
SB 112                                                                       
CS FOR SENATE BILL NO. 112(JUD) "An Act relating to the                        
Uniform Commercial Code; amending Alaska Rules of Civil                        
Procedure 8 and 82, and Alaska Rule of Evidence 402; and                       
providing for an effective date" was enrolled, signed by the President         
and Secretary, Speaker and Chief Clerk and the engrossed and                   
enrolled copies transmitted to the Office of the Governor at 9:15              
a.m., May 7, 1993.                                                             
                                                                               
SJR 31                                                                       
SENATE JOINT RESOLUTION NO. 31 am H Relating to the                            
minimum federal criteria for municipal solid waste landfills, was              
enrolled, signed by the President and Secretary, Speaker and Chief             
Clerk and the engrossed and enrolled copies transmitted to the Office          
of the Governor at 11:40 a.m., May 7, 1993.                                    
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2195
SB 71                                                                        
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" was enrolled, signed by the President and             
Secretary, Speaker and Chief Clerk and the engrossed and enrolled              
copies transmitted to the Office of the Governor at 11:40 a.m., May            
7, 1993.                                                                       
                                                                               
SB 129                                                                        
HOUSE CS FOR CS FOR SENATE BILL NO. 129(STA) "An Act                          
relating to state procurement; and providing for an effective date"            
was enrolled, signed by the President and Secretary, Speaker and               
Chief Clerk and the engrossed and enrolled copies transmitted to the           
Office of the Governor at 11:40 a.m., May 7, 1993.                             
                                                                               
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"            
was enrolled, signed by the President and Secretary, Speaker and               
Chief Clerk and the engrossed and enrolled copies transmitted to the           
Office of the Governor at 11:40 a.m., May 7, 1993.                             
                                                                               
SB 156                                                                       
SENATE BILL NO. 156 "An Act amending the definition of                         
`municipality' for purposes of the human services community                    
matching grant program" was enrolled, signed by the President and              
Secretary, Speaker and Chief Clerk and the engrossed and enrolled              
copies transmitted to the Office of the Governor at 11:40 a.m., May            
7, 1993.                                                                       
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2196
SB 162                                                                       
CS FOR SENATE BILL NO. 162(FIN) "An Act relating to the                        
implementation of the federal emergency unemployment                           
compensation program; making changes relating to unemployment                  
compensation under the extended benefits program and the                       
supplemental state benefits program; and providing for an effective            
date" was enrolled, signed by the President and Secretary, Speaker             
and Chief Clerk and the engrossed and enrolled copies transmitted              
to the Office of the Governor at 12:00 p.m., May 7, 1993.                      
                                                                               
SB 171                                                                       
CS FOR SENATE BILL NO. 171(FIN) "An Act relating to the                        
contracting and financing authority of the Alaska Industrial                   
Development and Export Authority; authorizing the authority to issue           
bonds in a principal amount not to exceed $40,000,000 to finance               
the acquisition, design, and construction of public use aircraft fueling       
facilities, to issue bonds in a principal amount not to exceed                 
$50,000,000 to finance the acquisition, design, and construction of            
port facilities related to the development and operation of a direct           
reduction iron ore processing facility located at Point MacKenzie,             
and to issue bonds not to exceed $50,000,000 for an Anchorage                  
seafood processing, storage, and loading project; delaying the                 
termination date of the authority's business assistance program; and           
providing for an effective date" was enrolled, signed by the President         
and Secretary, Speaker and Chief Clerk and the engrossed and                   
enrolled copies transmitted to the Office of the Governor at 12:00             
p.m., May 7, 1993.                                                             
                                                                               
SB 173                                                                       
CS FOR SENATE BILL NO. 173(FIN) "An Act relating to health                     
insurance for small employers; and providing for an effective date"            
was enrolled, signed by the President and Secretary, Speaker and               
Chief Clerk and the engrossed and enrolled copies transmitted to the           
Office of the Governor at 12:00 p.m., May 7, 1993.                             
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2197
                                 ADJOURNMENT                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., May 8, 1993.  Without                   
objection, the Senate adjourned at 8:30 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                              May 1993         
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2198
                                ANNOUNCEMENTS                                
                                                                               
                                                                               
                             STANDING COMMITTEES                             
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
MAY 07                               FRIDAY                    0:00 AM         
 	...TO MEET AT CALL OF CHAIR...                                               
 	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
 	******POSTPONED TO 5/8/93******                                              
                                                                               
MAY 08                              SATURDAY                   0:00 AM         
 	...TO MEET AT CALL OF CHAIR...                                               
SCR 10	SUSPEND UNIFORM RULES FOR HB 160                                        
 	<PENDING REFERRAL>                                                           
 	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
MAY 07                               FRIDAY                    3:30 PM         
HCR 21	ENVIRONMENTAL MISINFORMATION RE ALASKA                                  
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                              FAHRENKAMP ROOM 203                              
MAY 08                              SATURDAY                   0:00 AM         
 	...TO MEET AT CALL OF CHAIR...                                               
                                                                               
                               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                                      
                                                                               
                                                                               

1993-05-07                     Senate Journal                      Page 2199
                               OTHER COMMITTEES                              
                                                                               
                               MAJORITY CAUCUS                               
                               BUTROVICH ROOM 205                              
MAY 07                               FRIDAY                    2:40 PM         
 	MAJORITY CAUCUS                                                              
                    ----------------------------------------                   
                                                                               
                               MINORITY CAUCUS                               
                                 BELTZ ROOM 211                                
MAY 07                               FRIDAY                    2:40 PM         
 	MINORITY CAUCUS