Legislature(1993 - 1994)

1993-05-10 Senate Journal

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1993-05-10                     Senate Journal                      Page 2263
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                     EIGHTEENTH LEGISLATURE - FIRST SESSION                    
                                                                               
                                                                               
Juneau, Alaska                       Monday               May 10, 1993         
                                                                               
                            One Hundred Twentieth Day                          
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Halford at 11:41 a.m.                                                          
                                                                               
The roll showed seventeen members present.  Senators Donley, Ellis,            
Frank were absent.                                                             
                                                                               
The prayer was offered by the Chaplain, Kayla Epstein of the Juneau            
Jewish Community.                                                              
                                                                               
Senator Sharp led the Senate in the pledge of allegiance.                      
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journal              
for the one hundred nineteenth legislative day be approved as                  
certified by the Secretary.  Without objection, it was so ordered.             
                                                                               
                           MESSAGES FROM THE HOUSE                           
                                                                               
HB 67                                                                        
Message of May 9 was read, stating the House concurred in the                  
Senate amendment to CS FOR HOUSE BILL NO. 67(FIN)(efd fld),                    
thus passing:                                                                  
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
67(FIN)(efd fld)                                                               
"An Act relating to eligibility for and payments of                           
public assistance."                                                            
                                                                               
                                                                               
                                      2263                                     

1993-05-10                     Senate Journal                      Page 2264
HB 158                                                                       
Message of May 9 was read, stating the House concurred in the                  
Senate amendment to CS FOR HOUSE BILL NO. 158(L&C), thus                       
passing:                                                                       
                                                                               
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."                                                               
                                                                               
HB 236                                                                       
Message of May 9 was read, stating the House concurred in the                  
Senate amendment to CS FOR HOUSE BILL NO. 236(RLS) am,                         
thus passing:                                                                  
                                                                               
CS FOR HOUSE BILL NO. 236(RLS) am S                                           
"An Act relating to notices for the sale of certain                           
real property."                                                                
                                                                               
SB 198                                                                       
Message of May 9 was read, stating the House passed and returned:              
                                                                               
SENATE BILL NO. 198                                                           
"An Act exempting certain activities of the                                   
Department of Transportation and Public Facilities                             
from the regulation provisions of the Administrative                           
Procedure Act and allowing other procedures for                                
those activities; and providing for an effective date."                        
                                                                               
SENATE BILL NO. 198 was referred to the Secretary for                          
enrollment.                                                                    
                                                                               
SB 106                                                                       
Message of May 9 was read, stating the House passed and returned               
for consideration CS FOR SENATE BILL NO. 106(FIN) am(efd fld)                  
with the following amendment:                                                  
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2265
SB 106                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO.                                           
106(FIN)                                                                       
"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 a House Letter of Intent.                                                  
                                                                               
Senator Taylor moved that the Senate concur in the House                       
amendment and recommended the body vote yes.                                   
                                                                               
Senator Taylor called the Senate.                                              
                                                                               
The question being:  "Shall the Senate concur in the House                     
amendment to CS FOR SENATE BILL NO. 106(FIN) am(efd fld)?"                     
The roll was taken with the following result:                                  
                                                                               
HCS CSSB 106(FIN)                                                              
Shall the Senate concur in House amendment                                     
to CSSB 106(FIN)?                                                              
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2266
SB 106                                                                       
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Jacko, Kelly, Kerttula,            
Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp,         
Taylor, Zharoff                                                                
                                                                               
Nays:  Halford                                                                 
                                                                               
Halford changed from "Yea" to "Nay".                                           
                                                                               
and so, the Senate concurred in the House amendment, thus passing              
HOUSE CS FOR CS FOR SENATE BILL NO. 106(FIN) "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."                                                                  
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 106(FIN) was                               
referred to the Secretary for enrollment.                                      
                                                                               
SB 126                                                                       
Message of May 9 was read, stating the House passed and returned               
for consideration CS FOR SENATE BILL NO. 126(RLS) am(efd fld)                  
with the following amendment:                                                  
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2267
SB 126                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO.                                           
126(FIN)                                                                       
"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."                                          
                                                                               
Senator Taylor moved that the Senate concur in the House                       
amendment.                                                                     
                                                                               
The question being:  "Shall the Senate concur in the House                     
amendment to CS FOR SENATE BILL NO. 126(RLS) am(efd fld)?"                     
The roll was taken with the following result:                                  
                                                                               
HCS CSSB 126(FIN)                                                              
Shall the Senate concur in House amendment                                     
to CSSB 126(RLS)?                                                              
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Jacko, Kelly, Kerttula,            
Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp,         
Taylor, Zharoff                                                                
                                                                               
Nays:  Halford                                                                 
                                                                               
Kerttula changed from "Nay" to "Yea".                                          
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2268
SB 126                                                                       
and so, the Senate concurred in the House amendment, thus passing              
HOUSE CS FOR CS FOR SENATE BILL NO. 126(FIN) "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."                                                                  
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 126(FIN) was                               
referred to the Secretary for enrollment.                                      
                                                                               
SB 106                                                                       
Senator Taylor moved and asked unanimous consent that the House                
Letter of Intent (page 1813) be adopted as a Senate Letter of Intent.          
Objections were heard.                                                         
                                                                               
The question being: "Shall the House Letter of Intent be adopted?"             
The roll was taken with the following result:                                  
                                                                               
HCS CSSB 106(FIN)                                                              
Shall the Senate concur in House amendment                                     
to CSSB 106(FIN)?                                                              
Letter of Intent                                                               
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Sharp, Zharoff                                                                 
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Taylor                                                                 
                                                                               
and so, the House Letter of Intent failed to be adopted.                       
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2269
Senator Duncan announced a minority caucus.                                    
                                                                               
Senator Taylor lifted the call.                                                
                                                                               
                                   RECESS                                    
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in recess to a call of the Chair.  Without objection, the Senate         
recessed at 12:04 p.m.                                                         
                                                                               
                                AFTER RECESS                                 
                                                                               
The Senate reconvened at 12:56 p.m.                                            
                                                                               
                          STANDING COMMITTEE REPORTS                         
SCR 10                                                                     
The Rules Committee considered SENATE CONCURRENT                               
RESOLUTION NO. 10 "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 action."  Signing to        
calendar: Senator Jacko, Chair, Senator Rieger.  Signing no                    
recommendation: Senator Little.                                                
                                                                               
Zero fiscal note published today from the Senate Rules Committee.              
                                                                               
SENATE CONCURRENT RESOLUTION NO. 10 is on today's                              
calendar.                                                                      
                                                                               
HB 136                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
136(FIN) "An Act relating to revocation of and limitations on a                
driver's license; to the offenses of driving while intoxicated and             
refusal to submit to a breath test; imposing a limited license fee;            
amending Alaska Rule of Civil Procedure 32(b); and providing for               
an effective date."  Signing to calendar: Senator Jacko, Chair,                
Senators Rieger, Halford.  Signing no recommendation: Senator                  
Little.                                                                        
                                                                               
CS FOR HOUSE BILL NO. 136(FIN) is on today's calendar.                         

1993-05-10                     Senate Journal                      Page 2270
HB 187                                                                       
The Rules 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 to calendar: Senator Jacko, Chair, Senator Rieger.  Signing            
no recommendation: Senator Little.                                             
                                                                               
CS FOR HOUSE BILL NO. 187(FIN) am is on today's calendar.                      
                                                                               
HB 235                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
235(FIN) "An Act relating to educational programs and services for             
children with disabilities and other exceptional children and to               
persons with a handicap; and providing for an effective date."                 
Signing to calendar: Senator Jacko, Chair, Senators Rieger, Halford.           
Signing no recommendation: Senator Little.                                     
                                                                               
CS FOR HOUSE BILL NO. 235(FIN) is on today's calendar.                         
                                                                               
HB 283                                                                       
The Rules Committee considered HOUSE BILL NO. 283 "An Act                      
extending the termination date of the State Board of Registration for          
Architects, Engineers, and Land Surveyors; and providing for an                
effective date."  Signing to calendar and do pass:  Senator Jacko,             
Chair, Senators Rieger, Little.  Signing no recommendation: Senator            
Halford.                                                                       
                                                                               
Previous House zero fiscal note.                                               
                                                                               
HOUSE BILL NO. 283 is on today's calendar.                                     
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2271
HB 284                                                                       
The Rules Committee considered HOUSE BILL NO. 284 "An Act                      
extending the termination date of the State Physical Therapy and               
Occupational Therapy Board; and providing for an effective date."              
Signing to calendar and do pass: Senator Jacko, Chair, Senators                
Rieger, Little.  Signing no recommendation: Senator Halford.                   
                                                                               
Previous House zero fiscal note.                                               
                                                                               
HOUSE BILL NO. 284 is on today's calendar.                                     
                                                                               
                          SPECIAL COMMITTEE REPORTS                          
                                                                               
HB 55                                                                        
The following report was received at 2:45 a.m. May 10.                         
                                                                               
May 9, 1993                                                                    
                                                                               
Mr. President:                                                                 
Madam Speaker:                                                                 
                                                                               
The Conference Committee considered CS FOR HOUSE BILL NO.                      
55(FIN) "An Act making appropriations for the operating and loan               
program expenses of state government and to capitalize funds; and              
providing for an effective date" and SENATE CS FOR CS FOR                      
HOUSE BILL NO. 55(RLS) am S(efd fld S) "An Act making                          
appropriations for the operating and loan program expenses of state            
government and to capitalize funds" and recommends                             
                                                                               
CONFERENCE CS FOR HOUSE BILL NO. 55                                           
"An Act making appropriations for the operating                               
and loan program expenses of state government and                              
to capitalize funds; and providing for an effective                            
date."                                                                         
                                                                               
be adopted.                                                                    
                                                                               
Signing the report:  Senator Frank, Chair, Senators Pearce, Kerttula.          
Senator Kerttula further signed no recommendation.  Representative             
Larson, Chair, Representatives Hanley, Grussendorf.                            

1993-05-10                     Senate Journal                      Page 2272
Senator Taylor called the Senate.  The call was satisfied.                     
                                                                               
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
HB 136                                                                       
CS FOR HOUSE BILL NO. 136(FIN) "An Act relating to revocation                  
of and limitations on a driver's license; to the offenses of driving           
while intoxicated and refusal to submit to a breath test; imposing a           
limited license fee; amending Alaska Rule of Civil Procedure 32(b);            
and providing for an effective date" was read the second time.                 
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 136(FIN) be considered engrossed, advanced to                   
third reading and placed on final passage.  Senator Duncan objected,           
then withdrew his objection.  There being no further objections, the           
bill was advanced to third reading.                                            
                                                                               
CS FOR HOUSE BILL NO. 136(FIN) was read the third time.                        
                                                                               
The question being:  "Shall CS FOR HOUSE BILL NO. 136(FIN)                     
"An Act relating to revocation of and limitations on a driver's                
license; to the offenses of driving while intoxicated and refusal to           
submit to a breath test; imposing a limited license fee; amending              
Alaska Rule of Civil Procedure 32(b); and providing for an effective           
date" pass the Senate?"  The roll was taken with the following                 
result:                                                                        
                                                                               
CSHB 136(FIN)                                                                  
Third Reading - Final Passage                                                  
Effective Date                                                                 
Court Rule                                                                     
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2273
HB 136                                                                       
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly,             
Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips,                    
Rieger, Salo, Sharp, Taylor, Zharoff                                           
                                                                               
and so, CS FOR HOUSE BILL NO. 136(FIN) passed the Senate.                      
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clause.  Without objection, it was so ordered.                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the Court Rule               
change.  Without objection, it was so ordered.                                 
                                                                               
CS FOR HOUSE BILL NO. 136(FIN) was signed by the President                     
and Secretary and returned to the House.                                       
                                                                               
HB 235                                                                       
CS FOR HOUSE BILL NO. 235(FIN) "An Act relating to                             
educational programs and services for children with disabilities and           
other exceptional children and to persons with a handicap; and                 
providing for an effective date" was read the second time.                     
                                                                               
Senator Rieger moved and asked unanimous consent for the adoption              
of the Health, Education and Social Services Senate Committee                  
Substitute offered on page 1651.  Senator Kerttula objected, then              
withdrew his objection.  There being no further objections, SENATE             
CS FOR CS FOR HOUSE BILL NO. 235(HES) was adopted.                             
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 235(HES) was read                          
the second time.                                                               
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2274
HB 235                                                                       
Senator Taylor moved and asked unanimous consent that SENATE                   
CS FOR CS FOR HOUSE BILL NO. 235(HES) be considered                            
engrossed, advanced to third reading and placed on final passage.              
Without objection, it was so ordered.                                          
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 235(HES) was read                          
the third time.                                                                
                                                                               
The question being:  "Shall SENATE CS FOR CS FOR HOUSE                         
BILL NO. 235(HES) "An Act relating to educational programs and                 
services for children with disabilities and other exceptional children         
and to persons with a handicap; and providing for an effective date"           
pass the Senate?"  The roll was taken with the following result:               
                                                                               
SCS CSHB 235(HES)                                                              
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly,             
Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips,                    
Rieger, Salo, Sharp, Taylor, Zharoff                                           
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 235(HES)                           
passed the Senate.                                                             
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clause.  Without objection, it was so ordered.                                 
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 235(HES) was                               
referred to the Secretary for engrossment.                                     
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2275
HB 283                                                                       
HOUSE BILL NO. 283 "An Act extending the termination date of                   
the State Board of Registration for Architects, Engineers, and Land            
Surveyors; and providing for an effective date" was read the second            
time.                                                                          
                                                                               
Senator Taylor moved and asked unanimous consent that HOUSE                    
BILL NO. 283 be advanced to third reading and placed on final                  
passage.  Without objection, it was so ordered.                                
                                                                               
HOUSE BILL NO. 283 was read the third time.                                    
                                                                               
The question being:  "Shall HOUSE BILL NO. 283 "An Act                         
extending the termination date of the State Board of Registration for          
Architects, Engineers, and Land Surveyors; and providing for an                
effective date" pass the Senate?"  The roll was taken with the                 
following result:                                                              
                                                                               
HB 283                                                                         
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly,             
Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips,                    
Rieger, Salo, Sharp, Taylor, Zharoff                                           
                                                                               
Zharoff changed from "Nay" to "Yea".                                           
                                                                               
and so, HOUSE BILL NO. 283 passed the Senate.                                  
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clause.  Without objection, it was so ordered.                                 
                                                                               
HOUSE BILL NO. 283 was signed by the President and Secretary                   
and returned to the House.                                                     
                                                                               

1993-05-10                     Senate Journal                      Page 2276
HB 284                                                                       
HOUSE BILL NO. 284 "An Act extending the termination date of                   
the State Physical Therapy and Occupational Therapy Board; and                 
providing for an effective date" was read the second time.                     
                                                                               
Senator Taylor moved and asked unanimous consent that HOUSE                    
BILL NO. 284 be advanced to third reading and placed on final                  
passage.  Without objection, it was so ordered.                                
                                                                               
HOUSE BILL NO. 284 was read the third time.                                    
                                                                               
The question being:  "Shall HOUSE BILL NO. 284 "An Act                         
extending the termination date of the State Physical Therapy and               
Occupational Therapy Board; and providing for an effective date"               
pass the Senate?"  The roll was taken with the following result:               
                                                                               
HB 284                                                                         
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly,             
Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips,                    
Rieger, Salo, Sharp, Taylor, Zharoff                                           
                                                                               
and so, HOUSE BILL NO. 284 passed the Senate.                                  
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clause.  Without objection, it was so ordered.                                 
                                                                               
HOUSE BILL NO. 284 was signed by the President and Secretary                   
and returned to the House.                                                     
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2277
HB 187                                                                       
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" was read the second time.                                      
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 187(FIN) am be advanced to third reading and                    
placed on final passage.  Senator Adams objected.                              
                                                                               
Senator Adams offered Amendment No. 1 :                                         
                                                                               
	Page 8, lines 20 - 29:  Delete                                                
                                                                               
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:                                           
                                                                               
CSHB 187(FIN) AM                                                               
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Rieger,                
Salo, Zharoff                                                                  
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Little, Miller, Pearce,            
Phillips, Sharp, Taylor                                                        
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2278
HB 187                                                                       
Senator Taylor renewed his advancement motion.  Senator Duncan                 
objected.                                                                      
                                                                               
The question being: "Shall CS FOR HOUSE BILL NO. 187(FIN) be                   
advanced to third reading?"  The roll was taken with the following             
result:                                                                        
                                                                               
CSHB 187(FIN) AM                                                               
Second Reading                                                                 
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, CS FOR HOUSE BILL NO. 187(FIN) failed to be advanced                   
to third reading.                                                              
                                                                               
                             UNFINISHED BUSINESS                             
HB 252                                                                       
Senator Kelly requested that the reconsideration on SENATE CS                  
FOR HOUSE BILL NO. 252(FIN) "An Act amending the                               
Commercial Fishing Loan Act to authorize refinancing of existing               
loans made under that Act" be taken up at this time.                           
                                                                               
                         HOUSE BILLS IN THIRD READING                        
                                                                               
HB 252                                                                       
SENATE CS FOR HOUSE BILL NO. 252(FIN) was before the                           
Senate in third reading on reconsideration.                                    
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2279
HB 252                                                                       
Senator Kelly moved and asked unanimous consent that the Finance               
Committee Letter of Intent (page 2087) be adopted.  Without                    
objection, the Senate Letter of Intent was adopted.                            
                                                                               
The question to be reconsidered:  "Shall SENATE CS FOR HOUSE                   
BILL NO. 252(FIN) "An Act amending the Commercial Fishing                      
Loan Act to authorize refinancing of existing loans made under that            
Act" pass the Senate?"  The roll was taken with the following result:          
                                                                               
SCS HB 252(FIN)                                                                
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly,             
Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips,                    
Rieger, Salo, Sharp, Taylor, Zharoff                                           
                                                                               
and so, SENATE CS FOR HOUSE BILL NO. 252(FIN) passed the                       
Senate on reconsideration with a Senate Letter of Intent.                      
                                                                               
SENATE CS FOR HOUSE BILL NO. 252(FIN) was referred to the                      
Secretary for engrossment.                                                     
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 69                                                                        
Senator Taylor moved and asked unanimous consent that 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)" be held to the May 11 calendar.            
Without objection, it was so ordered.                                          
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2280
                             UNFINISHED BUSINESS                             
HB 93                                                                        
Senator Kelly requested that the reconsideration on CS FOR HOUSE               
BILL NO. 93 (CRA) "An Act relating to the village public safety                
officers program" be taken up at this time.                                    
                                                                               
                         HOUSE BILLS IN THIRD READING                        
                                                                               
HB 93                                                                        
CS FOR HOUSE BILL NO. 93(CRA) was before the Senate in third                   
reading on reconsideration.                                                    
                                                                               
The question to be reconsidered:  "Shall CS FOR HOUSE BILL NO.                 
93 (CRA) "An Act relating to the village public safety officers                
program" pass the Senate?"  The roll was taken with the following              
result:                                                                        
                                                                               
CSHB 93(CRA)                                                                   
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly,             
Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips,                    
Rieger, Salo, Sharp, Taylor, Zharoff                                           
                                                                               
and so, CS FOR HOUSE BILL NO. 93(CRA) passed the Senate on                     
reconsideration.                                                               
                                                                               
CS FOR HOUSE BILL NO. 93(CRA) was signed by the President                      
and Secretary and returned to the House.                                       
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2281
                        SENATE BILLS IN THIRD READING                        
                                                                               
SB 89                                                                        
CS FOR SENATE BILL NO. 89(FIN) am which had been held on                       
reconsideration to the May 10 calendar (page 2241) was before the              
Senate.                                                                        
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
SENATE BILL NO. 89(FIN) am "An Act making appropriations for                   
capital project matching grant programs; and providing for an                  
effective date." be held to the May 11 calendar.  Without objection,           
it was so ordered.                                                             
                                                                               
                         HOUSE BILLS IN THIRD READING                        
                                                                               
HB 124                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) which had                         
been held in third reading on reconsideration to May 10 (page 2259)            
was before the Senate.                                                         
                                                                               
The question to be reconsidered:  "Shall SENATE CS FOR 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" pass the Senate?"            
The roll was taken with the following result:                                  
                                                                               
SCS CSHB 124(FIN)                                                              
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula,          
Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp,         
Taylor, Zharoff                                                                
                                                                               
Nays:  Adams                                                                   
                                                                               
Ellis changed from "Nay" to "Yea".                                             
Kerttula changed from "Nay" to "Yea".                                          
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN)                           
passed the Senate on reconsideration.                                          

1993-05-10                     Senate Journal                      Page 2282
HB 124                                                                       
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.                                 
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) was                               
referred to the Secretary for engrossment.                                     
                                                                               
                             UNFINISHED BUSINESS                             
HJR 11                                                                       
Senator Taylor requested that the reconsideration on HOUSE JOINT               
RESOLUTION NO. 11 Proposing an amendment to the Constitution                   
of the State of Alaska relating to repeal of regulations by the                
legislature, be taken up at this time.                                         
                                                                               
                                                                               
                      HOUSE RESOLUTIONS IN THIRD READING                     
                                                                               
HJR 11                                                                       
HOUSE JOINT RESOLUTION NO. 11 was before the Senate in                         
third reading on reconsideration.                                              
                                                                               
The question to be reconsidered:  "Shall HOUSE JOINT                           
RESOLUTION NO. 11 Proposing an amendment to the Constitution                   
of the State of Alaska relating to repeal of regulations by the                
legislature, pass the Senate?"  The roll was taken with the following          
result:                                                                        
                                                                               
HJR 11                                                                         
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Miller, Pearce, Phillips, Rieger,         
Sharp, Taylor                                                                  
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Leman, Lincoln,                 
Little, Salo, Zharoff                                                          
                                                                               

1993-05-10                     Senate Journal                      Page 2283
HJR 11                                                                       
and so, HOUSE JOINT RESOLUTION NO. 11 failed.                                  
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
rescind its previous action in failing HOUSE JOINT RESOLUTION                  
NO. 11.  Senator Duncan objected, then withdrew his objection.                 
There being no further objections, the Senate rescinded its previous           
action.                                                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 11 was before the Senate in                         
third reading on reconsideration.                                              
                                                                               
Senator Taylor moved and asked unanimous consent that HOUSE                    
JOINT RESOLUTION NO. 11 be returned to the Rules Committee.                    
Without objection, it was so ordered.                                          
                                                                               
                             UNFINISHED BUSINESS                             
HJR 27                                                                       
Senator Adams requested that the reconsideration on HOUSE JOINT                
RESOLUTION NO. 27 Relating to an amendment to the Constitution                 
of the United States prohibiting desecration of the Flag of the United         
States, be taken up at this time.                                              
                                                                               
                      HOUSE RESOLUTIONS IN THIRD READING                     
                                                                               
HJR 27                                                                       
HOUSE JOINT RESOLUTION NO. 27 was before the Senate in                         
third reading on reconsideration.                                              
                                                                               
The question to be reconsidered:  "Shall HOUSE JOINT                           
RESOLUTION NO. 27 Relating to an amendment to the Constitution                 
of the United States prohibiting desecration of the Flag of the United         
States, pass the Senate?"  The roll was taken with the following               
result:                                                                        
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2284
HJR 27                                                                       
                                                                               
HJR 27                                                                         
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Frank, Halford, Jacko, Kelly, Kerttula,                 
Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp,         
Taylor, Zharoff                                                                
                                                                               
Nays:  Adams, Ellis                                                            
                                                                               
Little changed from "Nay" to "Yea".                                            
                                                                               
and so, HOUSE JOINT RESOLUTION NO. 27 passed the Senate on                     
reconsideration.                                                               
                                                                               
HOUSE JOINT RESOLUTION NO. 27 was signed by the President                      
and Secretary and returned to the House.                                       
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SCR 10                                                                       
SENATE CONCURRENT RESOLUTION NO. 10 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 was read the second time.                         
                                                                               
SENATE CONCURRENT RESOLUTION NO. 10 was before the                             
Senate on final passage.                                                       
                                                                               
The question being:  "Shall SENATE CONCURRENT                                  
RESOLUTION NO. 10 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 pass the            
Senate?"  The roll was taken with the following result:                        
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2285
SCR 10                                                                       
                                                                               
SCR 10                                                                         
Final Passage                                                                  
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
and so, SENATE CONCURRENT RESOLUTION NO. 10 failed.                            
                                                                               
                                                                               
                                  CITATIONS                                  
                                                                               
Honoring - Shannon Mallory                                                     
by Senator(s) Lincoln, Duncan, Zharoff, Little, Leman                          
                                                                               
Honoring - His Holiness Aleksy II, Patriarch of Moscow                         
by Senator(s) Zharoff, Kelly, Pearce, Duncan, Lincoln, Leman,                  
Donley                                                                         
Representative(s) Davidson                                                     
                                                                               
Honoring - Kake Thunderbird Girls Basketball Team                              
by Representative(s) Mackie                                                    
Senator(s) Zharoff, Pearce, Duncan, Lincoln, Leman                             
                                                                               
Honoring - Klawock Chieftains Girls Basketball Team                            
by Representative(s) Mackie                                                    
Senator(s) Zharoff, Pearce, Duncan, Lincoln, Leman                             
                                                                               
Honoring - Skagway Panthers Basketball Team                                    
by Representative(s) Mackie                                                    
Senator(s) Zharoff, Pearce, Duncan, Lincoln, Leman                             
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2286
Honoring - Craig Panthers Boys Basketball Team                                 
by Representative(s) Mackie                                                    
Senator(s) Zharoff, Pearce, Duncan, Lincoln, Leman                             
                                                                               
In Memoriam - Robert Kulstad                                                   
by Senator(s) Lincoln, Duncan, Zharoff                                         
Representative(s) Olberg                                                       
                                                                             
Senator Taylor moved and asked unanimous consent that the                      
citations be adopted.  Without objection, the citations were adopted           
and referred to the Secretary for transmittal.                                 
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 160                                                                       
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" was before the             
Senate in second reading with a motion pending to rescind its                  
previous action in returning the bill to the Rules Committee.                  
                                                                               
The question being: "Shall the Senate rescind its previous action in           
returning HOUSE BILL NO. 160(title am) to the Rules Committee?"                
The roll was taken with the following result:                                  
                                                                               
HB 160(TITLE AM)                                                               
Second Reading                                                                 
Shall the Senate rescind its previous                                          
motion in returning the bill to the Rules Committee?                           
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Salo, Sharp                                                            
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Taylor, Zharoff                                                                
                                                                               
and so, the Senate rescinded its action.                                       

1993-05-10                     Senate Journal                      Page 2287
HB 160                                                                       
The question being: "Shall HOUSE BILL NO. 160(title am) be                     
returned to the Rules Committee?"  The roll was taken with the                 
following result:                                                              
                                                                               
HB 160(TITLE AM)                                                               
Shall the bill be returned to the                                              
Rules Committee?                                                               
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Taylor, Zharoff                                                                
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Salo, Sharp                                                            
                                                                               
and so, the bill was not returned to the Rules Committee.                      
                                                                               
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" was before the             
Senate in second reading.                                                      
                                                                               
Senator Donley offered Amendment No. 2 :                                        
                                                                               
	Page 3, lines 2 & 6:	Delete  "10"                                             
				Insert  "20"                                                               
                                                                               
	Page 3, line 9:		Delete  "10th"                                               
				Insert  "20th"                                                             
                                                                               
Senator Donley moved for the adoption of Amendment No. 2.                      
Senator Kelly objected.                                                        
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2288
HB 160                                                                       
                                                                               
HB 160(TITLE AM)                                                               
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Taylor, Zharoff                                                                
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Salo, Sharp                                                            
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Senator Donley offered Amendment No. 1 :                                        
                                                                               
	Page 3, lines 2 & 6:	Delete  "10"                                             
				Insert  "15"                                                               
                                                                               
	Page 3, line 9:		Delete  "10th"                                               
				Insert  "15th"                                                             
                                                                               
Senator Donley moved for the adoption of Amendment No. 1.                      
Senator Kelly objected.                                                        
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
HB 160(TITLE AM)                                                               
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Miller, Salo, Taylor, Zharoff                                                  
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Pearce, Phillips, Rieger,          
Sharp                                                                          
                                                                               

1993-05-10                     Senate Journal                      Page 2289
HB 160                                                                       
and so, Amendment No. 1 was adopted.                                           
                                                                               
Amendment No. 3 was not offered.                                               
                                                                               
Senator Taylor offered Amendment No. 4 :                                        
                                                                               
Page 1, line 1, after "actions":                                             
	Insert "and to apportionment of damages in a civil action"                  
                                                                               
Page 3, after line 25:                                                         
	Insert new bill sections to read:                                             
   "* Sec. 4.  AS09.17.080(a) is amended to read:                            
	(a)  In all actions involving fault of more than one                         
party to the action, including third-party defendants and                      
persons who have been released under AS09.16.040 or                          
determined to be immune under AS09.10.055, the court,                        
unless otherwise agreed by all parties, shall instruct the jury                
to answer special interrogatories or, if there is no jury, shall               
make findings, indicating                                                      
		(1)  the amount of damages each claimant                                    
would be entitled to recover if contributory fault and                       
immunity under AS09.10.055 are [IS] disregarded; and                         
		(2)  the percentage of the total fault of all                               
of the parties to each claim that is allocated to each                         
claimant, defendant, third-party defendant, and person who                     
has been released from liability under AS09.16.040 or                        
found to be immune under AS09.10.055.                                        
   * Sec. 5.  AS09.17.080(c) is amended to read:                             
	(c)  The court shall determine the award of damages                          
to each claimant in accordance with the findings, subject to                   
a reduction under AS09.16.040, and enter judgment against                      
each party liable.  The court also shall determine and state                   
in the judgment each party's equitable share of the                            
obligation to each claimant in accordance with the respective                  
percentages of fault, and (e) of this section if applicable.               
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2290
HB 160                                                                       
   * Sec. 6.  AS09.17.080(d) is amended to read:                             
	(d)  Except as provided under (e) of this section,                         
the [THE] court shall enter judgment against each party                      
liable on the basis of several liability in accordance with                    
that party's percentage of fault.                                              
   * Sec. 7.  AS09.17.080 is amended by adding a new subsection              
to read:                                                                       
 	(e)  In an action in which the amount of damages                            
determined under (a)(1) of this section includes an allocation                 
to a party that is immune under AS09.10.055, the court                         
may not enter judgment against the immune party but shall                      
add the damages allocated to the immune party to each                          
other party's liability in proportion to the relative                          
percentages of fault of the other parties and enter judgment                   
accordingly."                                                                  
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Taylor moved for the adoption of Amendment No. 4.                      
                                                                               
Senator Duncan rose to a point of order.                                       
                                                                               
Senator Taylor moved and asked unanimous consent that Amendment                
No. 4 be withdrawn.  Without objection, it was so ordered.                     
                                                                               
Senator Taylor moved and asked unanimous consent that HOUSE                    
BILL NO. 160 am S be considered engrossed, advanced to third                   
reading and placed on final passage.  Senator Donley objected.                 
                                                                               
The question being: "Shall HOUSE BILL NO. 160 am S be                          
advanced to third reading?"  The roll was taken with the following             
result:                                                                        
                                                                               
HB 160 AM S                                                                    
Second Reading                                                                 
Advance from Second to Third Reading?                                          
                                                                               

1993-05-10                     Senate Journal                      Page 2291
HB 160                                                                       
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Salo, Sharp, Taylor                                                    
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Zharoff                                                                        
                                                                               
and so, HOUSE BILL NO. 160 am S failed to be advanced to third                 
reading.                                                                       
Senator Taylor lifted the call.                                                
                                                                               
                                   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 3:41 p.m.                                                          
                                                                               
                                AFTER RECESS                                 
                                                                               
The Senate reconvened at 9:50 p.m.                                             
                                                                               
The Senate returned to:                                                        
                                                                               
                           MESSAGES FROM THE HOUSE                           
                                                                               
Message of May 10 was read, stating the House passed and                       
transmitted for consideration:                                                 
                                                                               
                  FIRST READING AND REFERENCE OF HOUSE BILLS                 
                                                                               
HB 168                                                                       
CS FOR HOUSE BILL NO. 168(FIN) am by the HOUSE FINANCE                         
COMMITTEE, entitled:                                                           
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2292
HB 168                                                                       
"An Act establishing a testing program for charitable gaming                   
permittees and operators; relating to the duties of a member in                
charge; requiring regulations relating to pull-tabs to be consistent           
with North American Gaming Regulators Association standards on                 
pull-tabs to the extent permitted by charitable gaming laws; allowing          
permittees to contract with vendors to sell pull-tabs on behalf of the         
permittee at an establishment holding a package store license and              
certain establishments holding a beverage dispensary license;                  
allowing municipalities to prohibit vendors from conducting gaming             
activities within the municipality; restricting the purchase of pull-tabs      
by permittees, licensees, and vendors and their owners, managers,              
and employees; requiring receipts before prizes of $50 or more may             
be awarded in pull-tab games; prohibiting distributors from supplying          
pull-tabs to vendors; relating to the distribution of pull-tabs from one       
distributor to another distributor; requiring the registration of vendors      
and regulating activities involving them; requiring the licensing of           
out-of-state pull-tab manufacturers and increasing the annual licensing        
fee for pull-tab manufacturers; requiring the department regulating            
charitable gaming to approve contracts between permittees and                  
operators before gaming may occur; preventing persons with felony              
convictions or convictions for crimes involving theft or dishonesty            
or a violation of gambling laws from being involved in charitable              
gaming activities as a permittee, licensee, vendor, person responsible         
for the operation of an activity, fund raiser or consultant of a               
licensee or vendor, or employee in a managerial or supervisory                 
capacity, and providing exceptions for certain persons whose                   
convictions are at least 10 years old and are not for violation of an          
unclassified felony described in AS 11, a class A felony, or                   
extortion; relating to multiple-beneficiary charitable gaming permits          
and door prizes for charitable gaming; requiring operators to pay              
permittees at least 30 percent of the adjusted gross income from a             
pull-tab activity and limiting operators to expenses of not more than          
70 percent of the adjusted gross income from that activity; requiring          
operators to pay permittees at least 10 percent of the adjusted gross          
income from a charitable gaming activity other than pull-tabs and              
limiting operators to expenses of not more than 90 percent of the              
adjusted gross income from that activity; requiring a permittee who            

1993-05-10                     Senate Journal                      Page 2293
HB 168                                                                       
uses a pull-tab vendor to enter into a contract with that vendor;              
requiring a vendor contracting with a permittee to pay the permittee           
at least 70 percent of the ideal net for each pull-tab series delivered        
to the vendor by the permittee; requiring that operators report an             
adjusted gross income of at least 15 percent of gross income;                  
allowing the commissioner regulating charitable gaming to issue                
orders prohibiting violations of state gaming laws; relating to the            
authority of the commissioner regulating charitable gaming to                  
suspend or revoke a permit, license, or registration; prohibiting the          
payment of any portion of the net proceeds of a bingo or pull-tab              
game to a registered lobbyist; providing a penalty for false                   
statements in gaming license applications; providing communities               
with the authority by local option election to prohibit charitable             
gaming within the community; and providing for an effective date."             
                                                                               
was read the first time and referred to the Finance Committee.                 
The Senate advanced to:                                                        
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
SB 165                                                                       
Senator Taylor moved and asked unanimous consent that the                      
reconsideration on CS FOR SENATE BILL NO. 165(FIN) "An Act                     
making an appropriation to the Alyeska Settlement Fund and making              
appropriations from the Alyeska Settlement Fund; and providing for             
an effective date" which had been placed in the Pending File on the            
Secretary's desk (page 2036) be taken up at this time.  Without                
objection, it was so ordered.                                                  
                                                                               
                        SENATE BILLS IN THIRD READING                        
                                                                               
SB 165                                                                       
CS FOR SENATE BILL NO. 165(FIN) was before the Senate on                       
reconsideration.                                                               
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2294
SB 165                                                                       
Senator Taylor moved and asked unanimous consent that CS FOR                   
SENATE BILL NO. 165(FIN) be returned to second reading for the                 
purpose of specific amendments, those being Amendments 1 - 4.                  
Senator Duncan objected.                                                       
                                                                               
Senator Duncan called the Senate.                                              
                                                                               
The question being:  "Shall CS FOR SENATE BILL NO. 165 (FIN)                   
be returned to second reading for the purpose of a specific                    
amendments?"  The roll was taken with the following result:                    
                                                                               
CSSB 165(FIN)                                                                  
Return to Second for Specific Amendments                                       
                                                                               
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.                               
                                                                               
Senator Frank offered Amendment No. 1 :                                         
                                                                               
Page 1, line 1, through Page 2, line 27:                                       
                                                                               
	Delete all material and insert:                                               
                                                                               
The text contained in CS FOR SENATE BILL NO.                                  
165(FIN) am is Amendment No. 1 and will be                                     
published in Senate Supplement No. 7 at a later                                
date.                                                                          
                                                                               
Senator Frank moved for the adoption of Amendment No. 1.                       
Senator Donley objected.                                                       
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           

1993-05-10                     Senate Journal                      Page 2295
SB 165                                                                       
                                                                               
CSSB 165(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
Senator Pearce offered Amendment No. 2 :                                        
                                                                               
Page 26, following line 10, add new section as follows and renumber            
subsequent sections accordingly:                                               
                                                                               
"The unexpended and unobligated balance of the appropriations made             
in sec. 604, ch 130, SLA 86, page 116, line 25 to the Alaska Power             
Authority for payment as a grant to the City of Nikolai; sec. 1, ch.           
10, SLA 88, page 6, line 14 to the Alaska Power Authority for                  
Tatitlek Electrification Project; and sec. 162, ch. 173, SLA 88, page          
46, line 15 to the Alaska Power Authority for rural electrification are        
repealed and reappropriated to the Alaska Energy Authority for                 
Snettisham Acquisition."                                                       
                                                                               
Senator Pearce moved and asked unanimous consent for the adoption              
of Amendment No. 2.  Without objection, Amendment No. 2 was                    
adopted.                                                                       
                                                                               
Senator Rieger offered Amendment No. 3 :                                        
                                                                               
Page 24, lines 27 - 31:  Delete all material.                                  
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2296
SB 165                                                                       
Page 24, line 26, after "1993"                                                 
                                                                               
	Insert  "(b)  It  is  the  intent  of  the  legislature                       
that the appropriation made in this section be held                           
for future use, subject to appropriation by the                                
legislature, for construction of a replacement facility                        
or facilities for the Alaska Psychiatric Institute."                           
                                                                               
Senator Rieger moved for the adoption of Amendment No. 3.                      
Senator Duncan objected, then withdrew his objection.  There being             
no further objections, Amendment No. 3 was adopted.                            
                                                                               
Senator Pearce offered Amendment No. 4 :                                        
                                                                               
Page 23, line 24(Sec. 132):                                                    
                                                                               
		Delete  "$100,000"                                                           
		Insert   "$200,000"                                                          
                                                                               
Senator Pearce 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:                                           
                                                                               
CSSB 165(FIN) AM                                                               
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman,           
Miller, Phillips, Rieger, Sharp, Taylor                                        
                                                                               
Nays:  Adams, Duncan, Lincoln, Little, Pearce, Salo, Zharoff                   
                                                                               
and so, Amendment No. 4 was adopted.                                           
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2297
SB 165                                                                       
CS FOR SENATE BILL NO. 165(FIN) am was automatically in                        
third reading.                                                                 
                                                                               
Senator Salo moved and asked unanimous consent that CS FOR                     
SENATE BILL NO. 165(FIN) am be returned to second reading for                  
the purpose of a specific amendment, that being Amendment No. 5.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senators Salo, Kerttula offered Amendment No. 5 :                               
                                                                               
	Page 15, line 32:                                                             
                                                                               
		Delete    "309,800"                                                          
		Insert   "1,126,800"                                                         
                                                                               
Senator Salo moved for the adoption of Amendment No. 5.  Senator               
Pearce objected.                                                               
                                                                               
Senator Donley moved and asked unanimous consent that he be                    
allowed to abstain from voting due to a conflict of interest.                  
Objections were heard.                                                         
                                                                               
The question being: "Shall Amendment No. 5 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 165(FIN) AM                                                               
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 5 failed.                                                
                                                                               

1993-05-10                     Senate Journal                      Page 2298
SB 165                                                                       
CS FOR SENATE BILL NO. 165(FIN) am was automatically in                        
third reading.                                                                 
                                                                               
The question to be reconsidered: "Shall CS FOR SENATE BILL                     
NO. 165(FIN) am "An Act making an appropriation to the Alyeska                 
Settlement Fund and making appropriations from the Alyeska                     
Settlement Fund; making, amending, and repealing operating and                 
capital appropriations; and providing for an effective date" pass the          
Senate?"  The roll was taken with the following result:                        
                                                                               
CSSB 165(FIN) AM                                                               
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
and so, CS FOR SENATE BILL NO. 165(FIN) 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 165 (FIN) AM                                                              
Effective Date                                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly,             
Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger,            
Salo, Sharp, Taylor, Zharoff                                                   
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2299
SB 165                                                                       
and so, the effective date clause was adopted.                                 
                                                                               
CS FOR SENATE BILL NO. 165(FIN) am was referred to the                         
Secretary for engrossment.                                                     
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 116                                                                       
Senator Kelly moved and asked unanimous consent that the                       
reconsideration on CS FOR HOUSE BILL NO. 116(FIN)(title am)                    
which had been placed in the Pending File on the Secretary's desk              
(page 2078) be taken up at this time.  Without objection, it was so            
ordered.                                                                       
                                                                               
                         HOUSE BILLS IN THIRD READING                        
                                                                               
HB 116                                                                       
CS FOR HOUSE BILL NO. 116(FIN)(title am) was before the                        
Senate on reconsideration.                                                     
                                                                               
Senator Pearce moved and asked unanimous consent that the Letter               
of Intent offered on page 2057 be adopted.  Without objection, the             
Senate Letter of Intent was adopted.                                           
                                                                               
Senators Donley, Kerttula moved and asked unanimous consent that               
they be allowed to abstain from voting due to conflicts of interest.           
Objections were heard.                                                         
                                                                               
The question to be reconsidered:  "Shall CS FOR HOUSE BILL NO.                 
116(FIN)(title am) "An Act amending the manner of determining the              
royalty received by the state on gas production, and directing the             
commissioner of natural resources to accept, under certain                     
circumstances, the contract price agreed to between a lessee of                
federal land and a gas or electric utility as the value of the federal         
government's royalty share from natural gas production on federal              
land from which the state is entitled under applicable federal law to          
receive a share of the royalty on gas production; and providing for            
an effective date" pass the Senate?"  The roll was taken with the              
following result:                                                              
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2300
HB 116                                                                       
                                                                               
CSHB 116(FIN)(TITLE AM)                                                        
Third Reading - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula,          
Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp,         
Taylor, Zharoff                                                                
                                                                               
Nays:  Adams                                                                   
                                                                               
Kerttula changed from "Nay" to "Yea".                                          
                                                                               
and so, CS FOR HOUSE BILL NO. 116(FIN)(title am) passed the                    
Senate on reconsideration with a Senate Letter of Intent.                      
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clause.  Without objection, it was so ordered.                                 
                                                                               
CS FOR HOUSE BILL NO. 116(FIN)(title am) was signed by the                     
President and Secretary and returned to the House.                             
                                                                               
HB 264                                                                       
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 264(FIN) "An Act levying and providing for the                  
collection of and disposition of the proceeds of a fishery resource            
landing tax; and providing for an effective date" and the rescinding           
motion which had been held to the May 10 calendar (page 2237) be               
held to the May 11 calendar.  Without objection, it was so ordered.            
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2301
                             UNFINISHED BUSINESS                             
                                                                               
SR 2                                                                         
Senator Donley moved that the Senate order SENATE                              
RESOLUTION NO. 2 Urging the Environmental Protection Agency                    
to suspend the oxygenated fuels program in Anchorage, Alaska, in               
the possession of the Rules Committee, be placed on the calendar for           
the next legislative day under Uniform Rule 18.  Senator Taylor                
objected.                                                                      
                                                                               
The question being: "Shall SENATE RESOLUTION NO. 2 be taken                    
from the Rules Committee and placed on the calendar?"  The roll                
was taken with the following result:                                           
                                                                               
Place SR 2 on 5/11 calendar?                                                   
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Leman, Lincoln,                 
Little, Salo, Zharoff                                                          
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Miller, Pearce, Phillips, Rieger,         
Sharp, Taylor                                                                  
                                                                               
and so, the motion failed.                                                     
                                                                               
HB 249                                                                       
Senator Little moved that the Senate order CS FOR SPONSOR                      
SUBSTITUTE FOR HOUSE BILL NO. 249(STA) am "An Act                              
reestablishing the Board of Electrical Examiners and extending the             
termination date of the Board of Mechanical Examiners; relating to             
electrical and mechanical administrators; and providing for an                 
effective date" in the possession of the Rules Committee, be placed            
on the calendar for the next legislative day under Uniform Rule 18.            
                                                                               
The question being: "Shall CS FOR SPONSOR SUBSTITUTE FOR                       
HOUSE BILL NO. 249(STA) am be taken from the Rules                             
Committee and placed on the calendar?"  The roll was taken with                
the following result:                                                          
                                                                               

1993-05-10                     Senate Journal                      Page 2302
HB 249                                                                       
                                                                               
Place HB 249 on 5/11 calendar?                                                 
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, the motion failed.                                                     
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
SB 165                                                                       
CS FOR SENATE BILL NO. 165(FIN) am "An Act making an                           
appropriation to the Alyeska Settlement Fund and making                        
appropriations from the Alyeska Settlement Fund; making, amending,             
and repealing operating and capital appropriations; and providing for          
an effective date" was engrossed, signed by the President and                  
Secretary and transmitted to the House for consideration.                      
                                                                               
HB 124                                                                       
SENATE CS FOR 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 engrossed, signed by the President and Secretary           
and returned to the House for consideration.                                   
                                                                               
                                                                               

1993-05-10                     Senate Journal                      Page 2303
HB 235                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 235(HES) "An Act                           
relating to educational programs and services for children with                
disabilities and other exceptional children and to persons with a              
handicap; and providing for an effective date" was engrossed, signed           
by the President and Secretary and returned to the House for                   
consideration.                                                                 
                                                                               
HB 252                                                                       
SENATE CS FOR HOUSE BILL NO. 252(FIN) "An Act amending                         
the Commercial Fishing Loan Act to authorize refinancing of existing           
loans made under that Act" was engrossed, signed by the President              
and Secretary and returned to the House for consideration with a               
Senate Letter of Intent.                                                       
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in adjournment until 10:00 a.m., May 11, 1993.  Without                  
objection, the Senate adjourned at 11:39 p.m.                                  
                                                                               
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                              May 1993         
                                                                               

1993-05-10                     Senate Journal                      Page 2304
                                ANNOUNCEMENTS                                
                                                                               
                             STANDING COMMITTEES                             
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 518                              
MAY 10                               MONDAY                    0:00 AM         
 	********CANCELLED***********                                                 
 	...TO MEET AT CALL OF CHAIR...                                               
HB 168	MULTIPLE PERMITTEE GAMING; PRIZE AMOUNTS                                
                                                                               
MAY 11                              TUESDAY                    9:00 AM         
HB 168	MULTIPLE PERMITTEE GAMING; PRIZE AMOUNTS                                
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                              FAHRENKAMP ROOM 203                              
MAY 10                               MONDAY                    3:50 PM         
 	...TO MEET AT CALL OF THE CHAIR                                              
                                                                               
MAY 11                              TUESDAY                    0:00 AM         
 	...TO MEET AT CALL OF CHAIR...                                               
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                         LEGISLATIVE BUDGET AND AUDIT                        
                               HOUSE FINANCE 519                               
MAY 12                             WEDNESDAY                   1:30 PM         
 	MEETING TO INCLUDE APPROVAL OF MINUTES & RPL'S,                              
 	PRELIMINARY SPECIAL AUDITS, FINAL AUDITS,                                    
 	DISCUSSION OF INTERIM PLANS & SCHEDULING OF                                  
 	MEETINGS.                                                                    
                                                                               
                               OTHER COMMITTEES                              
                                                                               
                               MINORITY CAUCUS                               
                                 BELTZ ROOM 211                                
MAY 10                               MONDAY                   12:00 PM         
 	MINORITY CAUCUS