Legislature(1993 - 1994)

1994-04-06 Senate Journal

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1994-04-06                     Senate Journal                      Page 3459
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    EIGHTEENTH LEGISLATURE - SECOND SESSION                    
                                                                               
                                                                               
Juneau, Alaska                     Wednesday             April 6, 1994         
                                                                               
                               Eighty-seventh Day                              
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Halford at 11:19 a.m.                                                          
                                                                               
The roll showed sixteen members present.  Senators Donley, Ellis,              
Sharp, Zharoff were absent.                                                    
                                                                               
The prayer was offered by the Chaplain, The Reverend Wilson                    
Valentine of St. Brendan's Episcopal Church.  Senator Taylor moved             
and asked unanimous consent that the prayer be spread.  Without                
objection, it was so ordered.                                                  
                                                                               
Be present with us this day, O Lover of Humanity,                             
in the beauty of earth, sky and sea, as we work our                            
way through the tasks before us; give us the                                   
opportunity to hear each other, open our eyes to the                           
needs of those around us, and strengthen us to make                            
the important decisions that face us, keeping us ever                          
mindful of those who depend upon our actions; by                               
allowing us to be the instruments of change and                                
protectors of that which is necessary, for we are                              
Your servants who depend upon Your direction and                               
support and receive Your gracious favor at the day's                           
end.                                           Amen.                           
                                                                               
Senator Salo led the Senate in the pledge of allegiance.                       
                                                                               
The presence of Senator Sharp was noted.                                       
                                                                               
                                                                               
                                      3459                                     

1994-04-06                     Senate Journal                      Page 3460
                                CERTIFICATION                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journal              
for the eighty-sixth legislative day be approved as certified by the           
Secretary.  Without objection, it was so ordered.                              
                                                                               
The presence of Senators Zharoff, Ellis, Donley was noted.                     
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
HB 529                                                                       
Message of April 5 was read, stating the Governor signed the                   
following bill and transmitted the engrossed and enrolled copies to            
the Lieutenant Governor's Office for permanent filing:                         
                                                                               
HOUSE BILL NO. 529                                                            
"An Act amending the medical assistance and                                   
community developmental disabilities grants                                    
appropriations in sec. 38, ch. 65, SLA 1993; and                               
providing for an effective date."                                              
                                                                               
		Chapter 6, SLA 1994                                                          
		Effective Date: 4/6/94                                                       
                                                                               
HJR 36                                                                       
Message of April 5 was read, stating the Governor signed the                   
following resolution and transmitted the engrossed and enrolled                
copies to the Lieutenant Governor's Office for permanent filing:               
                                                                               
CS FOR HOUSE JOINT RESOLUTION                                                 
NO. 36(HES)                                                                   
Urging the federal Department of Health and Human                             
Services to  repeal the "100-hour rule" relating to                            
employment of certain persons receiving AFDC and                               
to replace it with a regulation that will serve as an                          
incentive for AFDC recipients to accept employment                             
of more than 100 hours a month.                                                
                                                                               
	Legislative Resolve No. 27                                                   
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3461
SJR 17                                                                       
Message of April 5 was read, stating the Governor signed the                   
following resolution and transmitted the engrossed and enrolled                
copies to the Lieutenant Governor's Office for permanent filing:               
                                                                               
CS FOR SENATE JOINT RESOLUTION                                                
	NO. 17(JUD) am H                                                              
Relating to reauthorization of the Magnuson Fishery                           
Conservation and Management Act.                                               
                                                                               
		Legislative Resolve No. 28                                                   
                                                                               
                                                                               
                           MESSAGES FROM THE HOUSE                           
                                                                               
Message of April 5 was read, stating the House passed and                      
transmitted for consideration:                                                 
                                                                               
                        FIRST READING AND REFERENCE OF                        
                               HOUSE RESOLUTIONS                              
                                                                               
HJR 54                                                                       
SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO.                              
54 BY REPRESENTATIVES KOTT, B.Davis,                                           
                                                                               
Relating to medical savings account legislation.                              
                                                                               
was read the first time and referred to the Health, Education and              
Social Services Committee.                                                     
                                                                               
HJR 61                                                                       
HOUSE JOINT RESOLUTION NO. 61 BY THE HOUSE RULES                               
COMMITTEE BY REQUEST OF THE HOUSE ECONOMIC TASK                                
FORCE,                                                                         
                                                                               
Relating to the Western Alaska Community                                      
Development Quota Program and the North Pacific                                
Fishery Management Council Comprehensive                                       
Rationalization Program.                                                       
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               

1994-04-06                     Senate Journal                      Page 3462
                  FIRST READING AND REFERENCE OF HOUSE BILLS                 
                                                                               
HB 358                                                                       
CS FOR HOUSE BILL NO. 358(STA) BY THE HOUSE STATE                              
AFFAIRS COMMITTEE, entitled:                                                   
                                                                               
"An Act allowing a mobile home owner to obtain                                
a certificate of title from the Department of Public                           
Safety."                                                                       
                                                                               
was read the first time and referred to the Labor and Commerce and             
Finance Committees.                                                            
                                                                               
HB 459                                                                       
CS FOR HOUSE BILL NO. 459(JUD) am BY THE HOUSE                                 
JUDICIARY COMMITTEE, entitled:                                                 
                                                                               
"An Act relating to settlement and payment of                                 
claims for minimum wage and overtime                                           
compensation claims and to liquidated damages and                              
attorney fees for minimum wage and overtime                                    
compensation claims."                                                          
                                                                               
was read the first time and referred to the Labor and Commerce and             
Judiciary Committees.                                                          
                                                                               
HB 505                                                                       
CS FOR HOUSE BILL NO. 505(FIN)(brf fld)(efd fld) BY THE                        
HOUSE FINANCE COMMITTEE, entitled:                                             
                                                                               
"An Act making appropriations to the constitutional                           
budget reserve fund established under art. IX, sec.                            
17, Constitution of the State of Alaska; and making                            
an appropriation to the Department of Education for                            
school construction debt retirement."                                          
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3463
                          STANDING COMMITTEE REPORTS                         
                                                                               
SB 190                                                                     
The Finance Committee considered SENATE BILL NO. 190 "An                       
Act relating to income withholding and other methods of                        
enforcement for orders of support; and providing for an effective              
date" and recommended it be replaced with                                      
                                                                               
CS FOR SENATE BILL NO. 190(FIN)                                               
	(Forthcoming)                                                                
                                                                               
and further attached a Finance Committee Letter of Intent.  Signing            
do pass: Senator Frank, Cochair.  Signing no recommendation:                   
Senators Jacko, Rieger, Sharp.                                                 
                                                                               
                                Letter of Intent                               
                                      for                                      
                               CS for SB 190(FIN)                              
                                                                               
Apart from the statutory changes enacted in this bill,                        
the legislature wishes to convey its intent that the                           
Child Support Enforcement Division distinguish                                 
between obligors, employers and others who                                     
voluntarily meet their support, withholding or other                           
obligations under this chapter and those who do not.                           
To the extent allowed by this chapter and federal                              
law, this distinction should be actively reflected in                          
all agency communications as well as in the nature,                            
extent and timing of enforcement actions, subject to                           
reasonable precautions to avoid uncollectability of                            
funds necessary for support.                                                   
                                                                               
Fiscal notes for the committee substitute published today from                 
Department of Revenue, Alaska Court System.                                    
                                                                               
SENATE BILL NO. 190 was referred to the Rules Committee.                       
                                                                               
SB 366                                                                       
The Finance Committee considered SENATE BILL NO. 366 "An                       
Act relating to medical support for children; allowing a member of             
the teachers' retirement system or the public employees' retirement            
                                                                               

1994-04-06                     Senate Journal                      Page 3464
SB 366                                                                       
system to assign to a Medicaid-qualifying trust the member's right             
to receive a monetary benefit from the system; relating to the effect          
of a Medicaid-qualifying trust on the eligibility of a person for              
Medicaid; relating to the recovery of certain Medicaid payments from           
estates and trusts; requiring persons who receive Medicaid services            
to be liable for sharing in the cost of those services to the extent           
allowed under federal law and regulations; and providing for an                
effective date" and recommended it be replaced with                            
                                                                               
CS FOR SENATE BILL NO. 366(FIN)                                               
(Forthcoming)                                                                 
                                                                               
and further attached a Finance Committee Letter of Intent.  Signing            
do pass: Senator Frank, Cochair, Senator Rieger.  Signing no                   
recommendation: Senators Sharp, Jacko, Kelly, Kerttula.                        
                                                                               
                                Letter of Intent                               
                                      for                                      
                               CS for SB 366(FIN)                              
                                                                               
It is the intent of the Legislature that the Department of Health and          
Social Services shall impose cost sharing charges on eligible persons          
under the state Medicaid plan to the maximum extent allowed under              
federal law and regulations; however, if the department has clear and          
compelling reason to believe that application of this policy to a              
specific Medicaid service would not promote the purpose of reducing            
state expenditures or would generate savings that are insignificant in         
relation to the total cost containment possible, then the department           
shall have minimal flexibility to waive application of this policy.            
Furthermore, it is the intent of the Legislature that the department           
present a report to the first session of the Nineteenth Legislature,           
describing the status of implementation of this cost sharing policy,           
indicating any specific Medicaid service for which this policy was             
waived, and presenting the rationale for such a waiver.  The report            
shall include a listing of waivers sought from the federal government          
and an indication of those granted.                                            
                                                                               
Fiscal notes for the bill and committee substitute published today             
from Department of Health and Social Services (3).                             
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3465
SB 366                                                                       
SENATE BILL NO. 366 was referred to the Rules Committee.                       
                                                                               
                                                                               
HB 330                                                                       
The Transportation Committee considered CS FOR HOUSE BILL                      
NO. 330(TRA) "An Act relating to the use of natural gas as a motor             
vehicle fuel in state-owned vehicles and to the Department of                  
Transportation and Public Facilities' authority to participate in joint        
ventures related to natural gas."  Signing do pass: Senator Sharp,             
Chair, Senators Phillips, Kelly.                                               
                                                                               
Previous House zero fiscal note.                                               
                                                                               
CS FOR HOUSE BILL NO. 330(TRA) was referred to the Labor                       
and Commerce Committee.                                                        
                                                                               
                                                                               
HB 450                                                                       
The Finance Committee considered HOUSE BILL NO. 450 "An Act                    
relating to investment pools for public entities; and providing for an         
effective date."  Signing do pass: Senator Frank, Cochair, Senators            
Kerttula, Jacko, Kelly, Rieger, Sharp.                                         
                                                                               
Previous House zero fiscal note.                                               
                                                                               
HOUSE BILL NO. 450 was referred to the Rules Committee.                        
                                                                               
                                                                               
SB 217                                                                       
The Rules Committee considered SENATE BILL NO. 217 "An Act                     
relating to land of the University of Alaska and authorizing the               
University of Alaska to select additional state public domain land."           
Signing to calendar: Senator Halford, Chair, Senator Jacko.  Signing           
no recommendation: Senator Zharoff.                                            
                                                                               
SENATE BILL NO. 217 is on today's calendar.                                    
                                                                               

1994-04-06                     Senate Journal                      Page 3466
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 217                                                                       
SENATE BILL NO. 217 "An Act relating to land of the University                 
of Alaska and authorizing the University of Alaska to select                   
additional state public domain land" was read the second time.                 
                                                                               
Senator Frank moved and asked unanimous consent for the adoption               
of the Finance Committee Substitute offered on page 3145.  Senator             
Adams objected, then withdrew his objection.  There being no                   
further objections, CS FOR SENATE BILL NO. 217(FIN) "An Act                    
relating to the University of Alaska and university land, authorizing          
the University of Alaska to select additional state public domain              
land, and defining net income from the University of Alaska's                  
endowment trust fund as `university receipts' subject to prior                 
legislative appropriation; and providing for an effective date" was            
adopted.                                                                       
                                                                               
CS FOR SENATE BILL NO. 217(FIN) was read the second time.                      
                                                                               
Senators Kerttula, Adams offered Amendment No. 1:                              
                                                                               
	Page 1, line 2, after "select"                                              
	Insert "the surface estate of"                                              
                                                                               
	Page 2, line 17:                                                              
                                                                               
		Delete "a significant and substantial portfolio                              
	of income producing"                                                          
                                                                               
		Insert "the surface estate of state"                                         
                                                                               
	Page 4, line 10, after "the conveyance of"                                    
	                                                                              
		Insert "the surface estate to"                                               
                                                                               
	Page 4, line 31:                                                              
                                                                               
		Delete "Notwithstanding AS 38.05.125(a),"                                    
		Insert "AS 38.05.125(a) applies to"                                          

1994-04-06                     Senate Journal                      Page 3467
SB 217                                                                       
	Page 5, line 2, after "section"                                               
                                                                               
		Delete "includes the interest of the state in                                
the oil, gas, coal, ores, minerals, fissionable                               
materials, geothermal resources, and fossils which                             
may be in or on the land"                                                      
                                                                               
Senator Kerttula moved for the adoption of Amendment No. 1.                    
Senator Frank objected.                                                        
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 217(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Halford, Kerttula, Lincoln,               
Little, Pearce, Phillips, Salo, Zharoff                                        
                                                                               
Nays:  Frank, Jacko, Kelly, Leman, Miller, Rieger, Sharp, Taylor               
                                                                               
Taylor changed from "Yea" to "Nay".                                            
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
Senator Adams offered Amendment No. 2:                                         
                                                                               
	Page 1, line 1, after the word "to"                                           
	                                                                              
	Insert "general grant land municipal entitlements,"                           
                                                                               
	Page 11, after line 13, insert the following and                              
	renumber bill sections accordingly and effective                              
	dates accordingly:                                                            
                                                                               
	*Sec. 11. AS 29.65.010 is repealed.                                           
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3468
SB 217                                                                       
		[SEC. 29.65.010.  DETERMINATION OF                                           
ENTITLEMENT OF BOROUGHS AND UNIFIED                                            
MUNICIPALITIES.  (a)  THE GENERAL GRANT LAND                                   
ENTITLEMENT OF EACH OF THE MUNICIPALITIES IN THIS                              
SECTION IS THE AMOUNT SET OUT OPPOSITE EACH:                                   
		(1)	MUNICIPALITY OF ANCHORAGE - 44,                                          
	893 ACRES;                                                                    
		(2)	CITY AND BOROUGH OF JUNEAU -                                             
	19,584 ACRES;                                                                 
		(3)	CITY AND BOROUGH OF SITKA - 10,500                                       
	ACRES;                                                                        
		(4)	BRISTOL BAY BOROUGH - 2,898                                              
	ACRES;                                                                        
		(5)	FAIRBANKS NORTH STAR BOROUGH -                                           
	 112, 000 ACRES;                                                              
		(6)	HAINES BOROUGH - 2,800 ACRES;                                            
		(7)	KENAI PENINSULA BOROUGH - 155, 780                                       
	ACRES;                                                                        
		(8)	KETCHIKAN GATEWAY BOROUGH - 11,                                          
	593 ACRES;                                                                    
		(9)	KODIAK ISLAND BOROUGH - 56,500                                           
	ACRES;                                                                        
		(10)	MATANUSKA-SUSITNA BOROUGH - 355,                                        
	210 ACRES;                                                                    
		(11)	NORTH SLOPE BOROUGH - 89,850                                            
	ACRES.]                                                                       
                                                                               
	*Sec. 12.	AS 29.65.020 is repealed.                                           
		[SEC. 29.65.020.  DETERMINATION OF                                           
ENTITLEMENT FOR CITIES.  (a)  THE GENERAL GRANT                                
LAND ENTITLEMENT OF A CITY FORMERLY ELIGIBLE TO                                
RECEIVE GRANT LAND UNDER THE PROVISIONS OF                                     
FORMER AS 29.18.190 AND 29.18.200 IS TEN PERCENT OF                            
THE MAXIMUM TOTAL ACREAGE OF VACANT,                                           
UNAPPROPRIATED, UNRESERVED LAND IN THE                                         
BOUNDARIES OF EACH CITY AT ANY TIME BETWEEN THE                                
INITIAL DATE OF ELIGIBILITY UNDER FORMER AS 29.18.190                          
AND 29.18.200 AND JANUARY 1, 1988.  WITHIN SIX MONTHS                          
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3469
SB 217                                                                       
AFTER JANUARY 1, 1988, THE DIRECTOR SHALL                                      
DETERMINE THE ENTITLEMENT FOR EACH CITY ELIGIBLE                               
TO RECEIVE GENERAL GRANT LAND UNDER THIS SECTION                               
AND CERTIFY THAT ENTITLEMENT TO THE CITY.]                                     
	*Sec. 13.  AS 29.65.030 is repealed.                                          
		[SEC. 29.65.030.  DETERMINATION OF                                           
ENTITLEMENT FOR NEWLY INCORPORATED                                             
MUNICIPALITIES.  (a)  THE GENERAL GRANT LAND                                   
ENTITLEMENT OF A MUNICIPALITY INCORPORATED AFTER                               
JULY 1, 1978, THAT DOES NOT QUALIFY FOR AN                                     
ENTITLEMENT UNDER AS 29.65.010 OR 29.65.020 IS 10                              
PERCENT OF THE MAXIMUM TOTAL ACREAGE OF VACANT,                                
UNAPPROPRIATED, UNRESERVED LAND WITHIN THE                                     
BOUNDARIES OF THE MUNICIPALITY BETWEEN THE DATE                                
OF ITS INCORPORATION AND TWO YEARS AFTER THAT                                  
DATE.                                                                          
		(b)  WITHIN TWO YEARS AND SIX MONTHS                                         
AFTER THE DATE OF INCORPORATION OF THE                                         
MUNICIPALITY, THE DIRECTOR SHALL DETERMINE THE                                 
ENTITLEMENT OF EACH MUNICIPALITY ELIGIBLE TO                                   
RECEIVE GENERAL GRANT LAND UNDER (a) OF THIS                                   
SECTION AND CERTIFY THE ENTITLEMENT TO THE                                     
MUNICIPALITY.  HOWEVER, THE GOVERNING BODY OF A                                
CITY MAY, BY RESOLUTION, REQUEST THE DIRECTOR TO                               
CERTIFY THE ENTITLEMENT TO THE CITY ON AN                                      
EXPEDITIOUS BASIS.  THE DIRECTOR SHALL DETERMINE                               
AND CERTIFY THE ENTITLEMENT WITHIN SIX MONTHS                                  
AFTER RECEIPT OF THE RESOLUTION.]                                              
	*Sec. 14.  AS 29.65 is amended by adding a new section to                     
read:                                                                          
		Sec. 29.65.035.  DETERMINATION OF                                            
ENTITLEMENT FOR MUNICIPALITIES.  The general grant land                        
entitlement of a municipality is 10 percent of the maximum total               
acreage of vacant, unappropriated, unreserved land within the                  
boundaries of the municipality, or amount equal to the acreage                 
contained in former AS 29.65.010, whichever is greater.                        
	*Sec. 15.  AS 29.65.040 is amended to read:                                   
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3470
SB 217                                                                       
		Sec. 29.65.040.  (a) After July 1, 1978, general grant                       
land entitlements provided in former AS 29.18.201 and 29.18.202 are            
vested property rights that must be fulfilled as provided in AS                
29.65.050 or 29.65.080. After January 1, 1988, general grant land              
entitlements provided in former AS 29.65.010 are vested property             
rights that must be fulfilled as provided in AS 29.65.050 or                   
29.65.080.                                                                     
	(b) General grant land entitlements provided by former AS                   
29.65.030 are property rights that vest on the date of incorporation           
of the municipality.  The entitlement must be fulfilled as provided            
in AS 29.65.050.                                                               
	(c)  General grant land entitlements provided by AS                          
29.65.035 are vested property rights that must be fulfilled as                 
provided in AS 29.65.050. [LAND MAY BE SELECTED OR                            
NOMINATED FOR SELECTION BY A MUNICIPALITY TO                                   
SATISFY A GENERAL GRANT LAND ENTITLEMENT UNDER                                 
FORMER AS 29.18.201 AND 29.18.202 AT ANY TIME BEFORE                           
OCTOBER 1, 1980.  LAND MAY BE SELECTED OR                                      
NOMINATED FOR SELECTION BY A MUNICIPALITY TO                                   
SATISFY A GENERAL GRANT LAND ENTITLEMENT UNDER                                 
AS 29.65.010 AT ANY TIME BEFORE OCTOBER 1, 1990.]                              
However, if a municipal selection or nomination or a part of a                 
municipal selection or nomination is rejected by the director, the             
municipality may, not later than 90 days after receipt of the rejection        
or final decision on an appeal filed under AS 29.65.050(d), select             
additional state land as necessary to satisfy its entitlement.                 
	[(d) LAND MAY BE SELECTED BY A MUNICIPALITY                                   
TO SATISFY A GENERAL GRANT LAND ENTITLEMENT                                    
UNDER AS 29.65.030 AT ANY TIME WITHIN ONE YEAR                                 
AFTER THE DIRECTOR CERTIFIES THE ENTITLEMENT TO                                
THE MUNICIPALITY.                                                              
	(e) THE TIME LIMITATIONS IMPOSED BY (c) AND (d)                               
OF THIS SECTION FOR EXERCISING A VESTED GENERAL                                
GRANT LAND ENTITLEMENT DO NOT APPLY TO                                         
	(1) THE PORTION OF AN ENTITLEMENT THAT                                       
CANNOT BE SATISFIED BY THAT DATE BECAUSE OF                                    
A SHORTAGE OF LAND SUITABLE FOR                                                
RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL                                        
PROPOSES THAT IS VACANT, UNAPPROPRIATED,                                       
UNRESERVED LAND;                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3471
SB 217                                                                       
	(2) PAYMENTS FOR LAND DEFICIENCY                                             
UNDER AS 29.65.080;                                                            
	(3) THE PORTION OF AN ENTITLEMENT THAT                                       
CANNOT BE SATISFIED BECAUSE THE LAND                                           
SELECTED BY A MUNICIPALITY HAS BEEN                                            
SELECTED BY A PARTY ENTITLED TO SELECT LAND                                    
OWNED BY THE UNITED STATES OR THE STATE; OR                                    
	(4) THE PORTION OF AN ENTITLEMENT THAT                                       
CANNOT BE SATISFIED BECAUSE THE LAND                                           
NOMINATED FOR SELECTION BY THE                                                 
MUNICIPALITY IS NOT TENTATIVELY APPROVED                                       
FOR PATENT TO THE STATE.]                                                      
	* Sec. 16.  AS 29.65.050 is amended to read:                                  
		Sec. 29.65.050.  FULFILLMENT OF LAND                                         
ENTITLEMENTS.  (a) The acreage of each municipality's land                     
selections for which patent has been issued before July 1, 1978, shall         
be credited toward fulfillment of the entitlement of that municipality.        
	(b) All approved selections under former AS 29.18.190 and                     
29.18.200 for which patent has not been issued to a municipality on            
July 1, 1978, shall be reviewed by the director within nine months             
after July 1, 1978.  Any approved selection of land that was vacant,           
unappropriated, or unreserved on the date of selection is valid as of          
the date of the approval under former AS 29.18.190, 29.18.200,                 
29.18.201, 29.18.202, and 29.18.203 and a patent shall be issued to            
the municipality within three months after approval by the director            
of a plat of survey.  The acreage shall be credited toward fulfillment         
of the municipality's entitlement.  A municipality is not entitled to          
receive patent under this chapter to more than its entitlement                 
determined under AS 29.65.010 - 29.65.035 [AS 29.65.010 -                    
29.65.030]. Any prior approval by the director of municipal                    
selections for land that was not vacant, unappropriated, or unreserved         
on the date of selection shall be rescinded, and patent may not be             
issued except when disposal to a third party by sale or lease has              
occurred. Transfers of land to municipalities under this chapter are           
subject to AS 38.05.321.  Classification actions as reflected on the           
land status records of the Department of Natural Resources are                 
determinative of land classification status for purposes of this               
chapter.                                                                       
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3472
SB 217                                                                       
	(c) The director shall approve or disapprove each selection                   
for patent within nine months of its selection by a municipality.              
Before a decision is issued the Department of Community and                    
Regional Affairs shall review the selection and recommend approval             
or disapproval of it. The director may disapprove a selection only             
upon a finding that the public interest in retaining state ownership           
of the land outweighs the municipality's interest in obtaining the             
land. A patent shall be issued to the municipality for land selected           
in satisfaction of a general grant land entitlement vested under ASAS         
29.65.010 - 29.65.035 [AS 29.65.010 - 29.65.030] within three                 
months after approval by the director of a plat of survey.                     
	(d) Before disapproving a selection, the director shall notify                
the municipality in writing of the decision and set out reasons for it.        
The municipality may submit a written response within 30 days after            
receipt of the notice. Within 30 days after the period for responding          
has expired, the director shall affirm, modify, or reverse the decision        
and supply the municipality with written notice of that action. If the         
selection is disapproved, the municipality may file notice of an               
appeal with the director. The appeal shall be heard under procedures           
adopted by regulation of the Department of Natural Resources.                  
Before reaching a decision on an appeal the Department of Natural              
Resources shall request the Department of Community and Regional               
Affairs to review the matter and submit a recommendation. After                
reviewing the recommendation, a decision on the appeal shall be                
submitted by the Department of Natural Resources to the                        
municipality in writing within 30 days after the notice of appeal was          
filed with the director. A municipality may appeal an adverse                  
decision to the superior court under AS 44.62.560 - 44.62.570.                 
	* Sec. 17.  AS 29.65.129 is amended to read:                                  
		Sec. 29.65.129.  POLICY.  Consistent with the best                           
interest of the state, it is the policy of the state to provide a              
[NEWLY FORMED] municipality with a general grant land                          
entitlement that is no less than 10 percent of vacant, unappropriated,         
unreserved land located within its boundaries. It is the policy of the         
state to provide for expeditious transfer and patent of land to a              
municipality in fulfilling its entitlement.                                    
	* Sec. 18.  AS 29.65.130(10) is amended to read:                              
		(10)  "vacant, unappropriated, unreserved land"                              
means general grant land as defined in (3) of this section, excluding          
minerals as required by Sec. 6(i) of the Alaska Statehood Act, that            
                                                                               

1994-04-06                     Senate Journal                      Page 3473
SB 217                                                                       
	(A) has not been set aside by statute for                                   
one or more particular uses or purposes;                                       
	(B) has not been approved for patent to a                                   
municipality under this chapter or former AS                                   
29.18.190 and 29.18.200;                                                       
		[(C) IS UNCLASSIFIED OR, IF                                                  
	CLASSIFIED UNDER as 38.05.300, IS CLASSIFIED FOR                              
	AGRICULTURAL, GRAZING, MATERIAL, PUBLIC                                       
	RECREATION, OR SETTLEMENT PURPOSES, OR IS                                     
	CLASSIFIED IN ACCORDANCE WITH AN AGREEMENT                                    
	BETWEEN A MUNICIPALITY AND THE STATE                                          
	PROVIDING FOR STATE MANAGEMENT OF LAND OF                                     
	THE MUNICIPALITY; OR                                                          
		(D)  WAS CLASSIFIED NO EARLIER THAN                                          
	SEPTEMBER 1, 1983, AS RESOURCE MANAGEMENT                                     
	AND IS STILL CLASSIFIED AS RESOURCE                                           
	MANAGEMENT UNDER AS 38.05.300.]                                               
                                                                               
Senator Adams moved for the adoption of Amendment No. 2.                       
Senator Taylor objected.                                                       
                                                                               
Senator Adams called the Senate.                                               
                                                                               
Senator Frank moved the question of whether Amendment No. 2 was                
germane.                                                                       
                                                                               
President Halford stated in Mason's Manual, Section 402, the                   
question of whether the proposed amendment is germane is to be                 
decided by the body.                                                           
                                                                               
Senator Adams moved and asked unanimous consent that                           
Amendment No. 2 be withdrawn.  Without objection, it was so                    
ordered.                                                                       
                                                                               
Senator Ellis offered Amendment No. 3:                                         
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3474
SB 217                                                                       
	Page 4, line 10:                                                              
                                                                               
		Delete "1,000,000"                                                           
		Insert "  500,000"                                                           
                                                                               
Senator Ellis moved for the adoption of Amendment No. 3.  Senator              
Frank objected.                                                                
                                                                               
The question being: "Shall Amendment No. 3 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 217(FIN) am                                                               
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Halford, Kelly, Kerttula,                 
Lincoln, Little, Salo, Zharoff                                                 
                                                                               
Nays:  Frank, Jacko, Leman, Miller, Pearce, Phillips, Rieger, Sharp,           
Taylor                                                                         
                                                                               
and so, Amendment No. 3 was adopted.                                           
                                                                               
Senator Lincoln offered Amendment No. 4:                                       
                                                                               
	Page 4, line 28:                                                              
                                                                               
		Delete "or"                                                                  
		                                                                             
	Page 4, line 30 following "agreement"                                         
                                                                               
		Insert "; or                                                                 
		(7) does not negatively impact traditional uses"                             
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 4.                     
Senator Frank objected.                                                        
                                                                               
The question being: "Shall Amendment No. 4 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               

1994-04-06                     Senate Journal                      Page 3475
SB 217                                                                       
CSSB 217(FIN) am                                                               
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Leman,                   
Lincoln, Little, Salo, Zharoff                                                 
                                                                               
Nays:  Frank, Halford, Kelly, Miller, Pearce, Phillips, Rieger, Sharp,         
Taylor                                                                         
                                                                               
and so, Amendment No. 4 was adopted.                                           
                                                                               
Senator Frank moved that the Senate rescind its previous action in             
adopting Amendment No. 1.  Senator Adams objected.                             
                                                                               
The question being:  "Shall the Senate rescind its previous action in          
adopting Amendment No. 1?"  The roll was taken with the following              
result:                                                                        
                                                                               
CSSB 217(FIN) am                                                               
Rescind Previous Action                                                        
Amendment No. 1                                                                
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Duncan, Frank, Jacko, Kelly, Leman, Miller, Pearce, Rieger,             
Sharp, Taylor                                                                  
                                                                               
Nays:  Adams, Donley, Ellis, Halford, Kerttula, Lincoln, Little,               
Phillips, Salo, Zharoff                                                        
                                                                               
and so, the Senate failed to rescind its previous action.                      
                                                                               
Senator Taylor moved that the Senate rescind its previous action in            
adopting Amendment No. 4.                                                      
                                                                               
Senator Adams lifted his call of the Senate.                                   
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3476
SB 217                                                                       
Senator Taylor moved and asked unanimous consent that his motion               
to rescind action in adopting Amendment No. 4 be withdrawn.                    
Without objection, it was so ordered.                                          
                                                                               
                                    RECESS                                   
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in recess to 3:30 p.m.   Without objection, the Senate recessed          
at 12:55 p.m.                                                                  
                                                                               
                                 AFTER RECESS                                
                                                                               
The Senate reconvened at 3:45 p.m.                                             
                                                                               
                   CONSIDERATION OF THE CALENDAR CONTINUED                   
                                                                               
SB 217                                                                       
Senator Taylor moved and asked unanimous consent that CS FOR                   
SENATE BILL NO. 217(FIN) am "An Act relating to the University                 
of Alaska and university land, authorizing the University of Alaska            
to select the surface estate of additional state public domain land,           
and defining net income from the University of Alaska's endowment              
trust fund as `university receipts' subject to prior legislative               
appropriation; and providing for an effective date" be held in second          
reading to the April 7 calendar.  Without objection, it was so                 
ordered.                                                                       
                                                                               
SB 310                                                                       
SENATE BILL NO. 310 "An Act relating to the management and                     
sale of state timber; relating to the classification of state land that        
would preclude harvesting of timber or would designate harvesting              
of timber as an incompatible use; relating to the administration of            
forest land, proposals for state forest, and the determination of              
sustained yield; and providing for an effective date" which had been           
held to the April 6 calendar (page 3449) was read the second time.             
                                                                               
Senator Miller moved for the adoption of the Resources Committee               
Substitute offered on page 3406.  Senator Duncan objected.                     
                                                                               
Senator Duncan rose to a point of order on Rule 24(d).                         
                                                                               

1994-04-06                     Senate Journal                      Page 3477
SB 310                                                                       
President Halford stated that the point of order was not well taken.           
                                                                               
Senator Duncan withdrew his objection.                                         
                                                                               
There being no further objections, CS FOR SENATE BILL NO.                      
310(RES) "An Act relating to the management and sale of state                  
timber and relating to the administration of forest land" was adopted.         
                                                                               
CS FOR SENATE BILL NO. 310(RES) was read the second time.                      
                                                                               
Senator Little offered Amendment No. 1:                                        
                                                                               
	Page 5, line 2, following "agreement."                                        
                                                                               
	Insert "If a tentatively successful proposed agreement                        
includes land within a municipality, the commissioner shall submit             
the tentatively successful proposed agreement to the municipality to           
determine if the agreement is consistent with municipal land use               
plans.  The municipality shall make a consistency determination                
within 60 days of receipt of the tentatively successful proposed               
agreement and, if the agreement is not consistent with municipal               
land use plans, specifically set forth the provisions of the agreement         
that are not consistent."                                                      
                                                                               
	Page 5, following line 8:                                                     
	                                                                              
	Insert a new paragraph to read:                                               
		"(2)  must be consistent to the maximum                                     
extent practicable with municipal land use plans if the                        
agreement includes land within a municipality;"                                
                                                                               
	Renumber the following paragraph accordingly.                                 
                                                                               
Senator Little moved for the adoption of Amendment No. 1.  Senator             
Taylor objected.                                                               
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3478
SB 310                                                                       
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
Kelly changed from "Yea" to "Nay".                                             
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
Senator Little offered Amendment No. 2:                                        
                                                                               
	Page 7, following line 3:                                                     
	                                                                              
	Insert a new subsection to read:                                              
                                                                               
	"(l)  At least every five years during the term of an                        
agreement under this section, the commissioner shall review                    
the operator's performance under the agreement and, if the                     
operator has not complied with the agreement's terms and                       
conditions, the commissioner shall impose fines and penalties                  
as permitted under the agreement or shall cancel the                           
agreement if violations are substantial or environmental or                    
other considerations warrant the cancellation."                                
                                                                               
	Reletter the following subsections accordingly.                               
                                                                               
Senator Little moved for the adoption of Amendment No. 2.  Senator             
Taylor objected.                                                               
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                

1994-04-06                     Senate Journal                      Page 3479
SB 310                                                                      
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                               
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Amendment No. 3 was not offered.                                               
                                                                               
Senator Little offered Amendment No. 4:                                        
                                                                               
	Page 8, lines 8 - 15:                                                         
	                                                                              
		Delete all material.                                                         
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Senator Little moved for the adoption of Amendment No. 4.  Senator             
Taylor objected.                                                               
                                                                               
The question being: "Shall Amendment No. 4 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 4 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 5:                                        
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3480
SB 310                                                                       
	Page 5, line 13:                                                              
                                                                               
		Delete "regarding compensation from the proposer"                            
		Insert "requiring the proposer to compensate the state                       
		for full costs incurred"                                                     
                                                                               
Senator Duncan moved for the adoption of Amendment No. 5.                      
Senator Taylor objected.                                                       
                                                                               
The question being: "Shall Amendment No. 5 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Salo, Sharp, Taylor                                                    
                                                                               
and so, Amendment No. 5 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 6:                                        
                                                                               
	Page 5, lines 15 - 16:                                                        
                                                                               
		Delete all material and insert:                                              
	"(D) provisions requiring the                                              
proposer to pay the state's cost of                                            
administering, monitoring, and enforcing the                                   
terms and conditions of the agreement and                                      
other requirements of state law;"                                              
                                                                               
Senator Duncan moved for the adoption of Amendment No. 6.                      
Senator Miller objected.                                                       
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3481
SB 310                                                                       
The question being: "Shall Amendment No. 6 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 6 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 7:                                        
                                                                               
	Page 5, line 17:                                                              
                                                                               
		Delete "regarding responsibilities for"                                      
		Insert "making the proposer responsible for all costs                        
	of"                                                                           
                                                                               
	Page 5, line 22, following "agreement;"                                       
                                                                               
	Insert "provisions under this paragraph must provide                         
that the proposer shall pay fair market value for all material                 
purchased from the state;"                                                     
                                                                               
Senator Duncan moved for the adoption of Amendment No. 7.                      
Senator Frank objected.                                                        
                                                                               
The question being: "Shall Amendment No. 7 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3482
SB 310                                                                       
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
and so, Amendment No. 7 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 8:                                        
                                                                               
	Page 6, line 2, following "agreement":                                        
                                                                               
	Insert ", including provisions for fines and penalties                       
for violations of the agreement by the proposer"                               
                                                                               
Senator Duncan moved for the adoption of Amendment No. 8.                      
Senator Frank objected.                                                        
                                                                               
The question being: "Shall Amendment No. 8 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
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. 8 failed.                                                
                                                                               
Senator Lincoln offered Amendment No. 9:                                       
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3483
SB 310                                                                       
	Page 4, line 4:                                                               
                                                                               
		Delete "and"                                                                 
                                                                               
	Page 4, line 5: after "management"                                            
		Insert "and                                                                  
		(H) adjacent landowners;"                                                    
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 9.                     
Senator Frank objected.                                                        
                                                                               
The question being: "Shall Amendment No. 9 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 9                                                                
                                                                               
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. 9 failed.                                                
                                                                               
Senator Zharoff offered Amendment No. 10:                                      
                                                                               
	Page 2, line 20:                                                              
                                                                               
		Delete "1,000,000"                                                       
		Insert  " 500,000"                                                       
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 10.                    
Senator Taylor objected.                                                       
                                                                               
The question being: "Shall Amendment No. 10 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3484
SB 310                                                                       
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 10                                                               
                                                                               
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. 10 failed.                                               
                                                                               
Senator Zharoff offered Amendment No. 11:                                      
                                                                               
	Page 6, line 4, following "years":                                            
                                                                               
		Insert ", including provisions to adjust harvest plans                       
	under the agreement due to information received from the                      
	inventory"                                                                    
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 11.                    
Senator Miller objected.                                                       
                                                                               
The question being: "Shall Amendment No. 11 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 11                                                               
                                                                               
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                                                          
Duncan changed from "Nay" to "Yea".                                            
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3485
SB 310                                                                       
and so, Amendment No. 11 failed.                                               
                                                                               
Senator Lincoln offered Amendment No. 12:                                      
                                                                               
	Page 8, line 7:                                                               
                                                                               
		Delete "allowance"                                                           
		Insert "protection"                                                          
                                                                               
		Delete "made for"                                                            
		Insert "given to"				                                                        
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 12.                    
Senator Sharp objected.                                                        
                                                                               
The question being: "Shall Amendment No. 12 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 12                                                               
                                                                               
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, Amendment No. 12 failed.                                               
                                                                               
Senator Zharoff offered Amendment No. 13:                                      
                                                                               
	Page 5, lines 15 - 16:                                                        
                                                                               
		Delete all material.                                                         
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3486
SB 310                                                                       
		Insert "(D) provisions requiring the proposer                                
to pay any additional state's cost of administering,                          
monitoring, and enforcing the terms and conditions                             
of the agreement and other requirements of state                               
law;"                                                                          
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 13.                    
Senator Taylor objected.                                                       
                                                                               
The question being: "Shall Amendment No. 13 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 13                                                               
                                                                               
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. 13 failed.                                               
                                                                               
Senator Adams offered Amendment No. 14:                                        
                                                                               
	Page 2, line 29:  after "yield."                                              
                                                                               
	Insert "A forest management agreement under this                              
section may not provide for the harvesting of more                            
than 20 million board feet per forest management                               
agreement."                                                                    
                                                                               
Senator Adams moved for the adoption of Amendment No. 14.                      
Senator Frank objected.                                                        
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3487
SB 310                                                                       
The question being: "Shall Amendment No. 14 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSSB 310(RES)                                                                  
Second Reading                                                                 
Amendment No. 14                                                               
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff          
                                                                               
Nays:  Donley, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce,            
Phillips, Rieger, Sharp, Taylor                                                
                                                                               
Kerttula changed from "Nay" to "Yea".                                          
                                                                               
and so, Amendment No. 14 failed.                                               
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
SENATE BILL NO. 310(RES) be considered engrossed, advanced to                  
third reading and placed on final passage.                                     
                                                                               
Senator Adams objected.                                                        
                                                                               
The question being:  "Shall CS FOR SENATE BILL NO. 310(RES)                    
be advanced to third reading?"  The roll was taken with the                    
following result:                                                              
                                                                               
CSSB 310(RES)                                                                  
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3488
                                  CITATIONS                                  
                                                                               
Honoring - Mat-Su Alternative School                                           
by Representative(s) Carney, Menard, Larson                                    
Senator(s) Halford, Kerttula, Little, Duncan, Rieger, Zharoff, Salo,           
Pearce, Lincoln                                                                
                                                                               
Honoring - Peter Butteri                                                       
by Representative(s) Nicholia                                                  
Senator(s) Lincoln, Kerttula, Duncan, Rieger, Zharoff, Pearce                  
                                                                               
Honoring - Valdez Academic Decathlon Winners                                   
by Senator(s) Lincoln, Kerttula, Little, Duncan, Rieger, Zharoff,              
Leman, Pearce                                                                  
Representative(s) Olberg                                                       
                                                                               
Honoring - The Armed Services YMCA                                             
by Representative(s) Mulder                                                    
Senator(s) Kelly, Donley, Kerttula, Duncan, Rieger, Zharoff, Leman,            
Pearce                                                                         
                                                                               
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                             
                                                                               
Senator Zharoff moved and asked unanimous consent that he be                   
excused from the Senate, not subject to a call, on April 8. Senator            
Kelly objected, then withdrew his objection.  There being no further           
objections, Senator Zharoff was excused.                                       
                                                                               
Senator Salo moved and asked unanimous consent that she be                     
excused from a call of the Senate on April 7 and 8.  Without                   
objection, Senator Salo was excused.                                           
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3489
                                 ENROLLMENT                                  
                                                                               
SCR 15                                                                     
SENATE CONCURRENT RESOLUTION NO. 15 Relating to the                            
twenty-eighth annual Boys' State, was enrolled, signed by the                  
President and Secretary, Speaker and Chief Clerk and the engrossed             
and enrolled copies transmitted to the Office of the Governor at 4:09          
p.m., April 5, 1994.                                                           
                                                                               
SCR 17                                                                       
CS FOR SENATE CONCURRENT RESOLUTION NO. 17(STA) am                             
Honoring Alaskan Tommy Moe for winning gold and silver medals                  
at the 1994 Winter Olympic Games in Lillehammer, Norway, was                   
enrolled, signed by the President and Secretary, Speaker and Chief             
Clerk and the engrossed and enrolled copies transmitted to the Office          
of the Governor at 4:09 p.m., April 5, 1994.                                   
                                                                               
SB 152                                                                       
SENATE BILL NO. 152 "An Act changing the frequency of certain                  
state inspections of weights and measures and relating to the                  
issuance of citations for weights and measures violations" was                 
enrolled, signed by the President and Secretary, Speaker and Chief             
Clerk and the engrossed and enrolled copies transmitted to the Office          
of the Governor at 4:09 p.m., April 5, 1994.                                   
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in adjournment until 9:55 a.m., April 7, 1994.  Without                  
objection, the Senate adjourned at 5:35 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                            April 1994         
                                                                               

1994-04-06                     Senate Journal                      Page 3490
                                ANNOUNCEMENTS                                
                                                                               
                             STANDING COMMITTEES                             
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                               BUTROVICH ROOM 205                              
APR 07                              THURSDAY                   9:00 AM         
HB 446	ENVIRONMENTAL CONSERVATION AGREEMENTS                                   
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 518                              
APR 06                             WEDNESDAY                   8:00 AM         
 	** TIME CHANGE **                                                            
SB 363	APPROP: FY 95 CAPITAL PROJECTS AND GRANTS                               
 	<CONTINUATION OF ADMINISTRATION OVERVIEWS>                                   
SB 190	ENFORCEMENT OF SUPPORT ORDERS                                           
SB 359	INVESTMENT POOLS FOR PUBLIC ENTITIES                                    
HB 450	INVESTMENT POOLS FOR PUBLIC ENTITIES                                    
SB 369	STATE BLDG MAINTENANCE;REPEAL ART PROGRAM                               
SJR 36	GOV & LT GOV MUST RECEIVE MAJORITY VOTE                                 
SB 366	MEDICAID AND MEDICAL SUPPORT ORDERS                                     
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 07                              THURSDAY                   8:00 AM         
 	** TIME CHANGE **                                                            
 	***  8:00 AM  -  8:30 AM  ***                                                
SJR 36	GOV & LT GOV MUST RECEIVE MAJORITY VOTE                                 
 	<BILL HELD OVER FROM 04/06/94>                                               
 	***  8:30 AM  -  9:00 AM  ***                                                
 	PRESENTATION BY RAVEN COMMISSION                                             
 	<LISTEN ONLY TELECONFERENCE>                                                 
 	***  9:00 AM  ***                                                            
SB 215	OIL/HAZARDOUS SUBS. RELEASE RESPONSE FUND                               
SB 311	CREDIT TO FISHERY RESOURCE LANDING TAX                                  
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 08                               FRIDAY                    8:30 AM         
 	** TIME CHANGE **                                                            
SB 203	MUNICIPAL POLICE SERVICES                                               
SB 308	ADMIN ACTION RE LAND/RESOURCES/PROPERTY                                 
SB 368	HUMAN SERVICES COMMUNITY MATCHING GRANTS                                
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 09                              SATURDAY                  10:00 AM         
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3491
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
APR 06                             WEDNESDAY                   1:30 PM         
SB 367	HEALTH CARE REFORM COMMITTEES                                           
 	<LISTEN ONLY TELECONFERENCE>                                                 
 	BILLS PREVIOUSLY HEARD                                                       
 	*** RECESSED TO 04/07/94 ***                                                 
                                                                               
APR 07                              THURSDAY                   0:00 AM         
 	**TO RECONVENE UPON ADJOURNMENT OF                                           
 	JOINT SESSION**                                                              
SB 367	HEALTH CARE REFORM COMMITTEES                                           
 	<CONTINUED FROM 04/07/94>                                                    
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 08                               FRIDAY                    1:30 PM         
SB 268	COMMUNITY CARE FACILITIES                                               
HB 331	USE PFD'S TO RECOVER WELFARE OVERPAYMENTS                               
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
APR 06                             WEDNESDAY                   1:30 PM         
 	BILLS PREVIOUSLY HEARD                                                       
SB 370	ALLOW GAMBLING ON CRUISE SHIPS                                          
HB 373	PERMANENT FUND INVESTMENTS IN REAL ESTATE                               
SB 333	DISCLOSURE OF EXEC.BR. CLOSE ASSOCIATIONS                               
SB 342	RISK BASED CAPITAL FOR INSURERS                                         
SB 293	NATIVE ALLOTMENTS ON STATE LAND                                         
                                                                               
APR 08                               FRIDAY                    1:30 PM         
 	BILLS PREVIOUSLY HEARD                                                       
SB 113	APPROP: BP SETTLEMENT TO BUDGET RESERVE                                 
SB 306	ANTITRUST EXEMPTION FOR FISHERMEN                                       
SB 275	DISPOSAL OF REAL PROPERTY BY DOTPF                                      
SB 367	HEALTH CARE REFORM COMMITTEES                                           
 	<PENDING REFERRAL>                                                           
SB 347	LIMITED LIABILITY COMPANIES                                             
 	<PENDING REFERRAL>                                                           
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                              FAHRENKAMP ROOM 203                              
APR 07                              THURSDAY                   1:30 PM         
SB 305	LICENSING OF LANDSCAPE ARCHITECTS                                       
SB 347	LIMITED LIABILITY COMPANIES                                             
SB 185	LIMITATIONS PERIOD FOR TAX ASSESSMENTS                                  
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3492
                       LABOR AND COMMERCE CONTINUED                       
                                                                              
APR 12                              TUESDAY                    1:30 PM         
SB 313	HEALTH INS. FOR HIGH RISK RESIDENTS                                     
HB  54	TELEPHONE CONSUMER PROTECTION                                           
HB 403	AUTOMOTIVE LIABILITY INSURANCE COVERAGE                                 
HB 439	UNIFORM FRAUDULENT TRANSFER ACT                                         
                                                                               
APR 19                              TUESDAY                    1:30 PM         
 	CONFIRMATION OF APPOINTMENTS                                                 
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
APR 06                             WEDNESDAY                   3:30 PM         
SCR 14	NAME HATCHERY AT MAIN BAY: H.Z. HANSEN                                  
SCR 18	PURCHASE FEDERAL LAND FROM THE U.S.                                     
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 08                               FRIDAY                    3:30 PM         
SB 328	TEMP TRANSFER OF ENTRY PERMITS                                          
HB 239	RAFFLE OR AUCTION OF BIG GAME PERMITS                                   
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                              FAHRENKAMP ROOM 203                              
APR 07                              THURSDAY                   9:00 AM         
SJR 51	SUPPORT FOR SITKA FIBERBOARD PLANT                                      
SB 227	MOTOR VEHICLE RENTAL TERMS                                              
SB 255	STATE POLICY ON HUMAN RESOURCE DEVELOPMT                                
SB 312	SCHOOL CONSTRUCTION GRANT REVIEW                                        
SB 355	ADJUSTMENTS FOR DEFECTIVE SURVEY                                        
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                               BUTROVICH ROOM 205                              
APR 06                             WEDNESDAY                   9:00 AM         
SB 365	GOVERNOR'S OMNIBUS BILL                                                 
SB 358	ELIMINATE SOME STATE MULTIMEMBER BODIES                                 
SB 357	REQUIRED REPORTS OF STATE AGENCIES                                      
HB 315	THEFT OF SUBSCRIPTION TV SERVICES                                       
HB 323	RELEASE OF CERTAIN DEATH CERT. INFO                                     
HB 402	PROOF OF MOTOR VEHICLE INSURANCE                                        
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3493
                           STATE AFFAIRS CONTINUED                           
                                                                               
APR 08                               FRIDAY                    9:00 AM         
 	******CANCELLED******                                                        
SJR 50	SUIT RE POWS & MIAS AGAINST U.S. & OTHERS                               
SCR 19	SUSPEND UNIFORM RULES FOR HJR 43                                        
HB 491	REPORTS BY SCIENCE & TECH FOUNDATION                                    
HB 299	DRIVER'S LIC REVOCATION;ALCOHOL/DRUGS                                   
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 11                               MONDAY                    9:00 AM         
SJR 50	SUIT RE POWS & MIAS AGAINST U.S. & OTHERS                               
SCR 19	SUSPEND UNIFORM RULES FOR HJR 43                                        
HB 491	REPORTS BY SCIENCE & TECH FOUNDATION                                    
HB 299	DRIVER'S LIC REVOCATION;ALCOHOL/DRUGS                                   
HB 497	OFFICERS OF UTILITY COOPERATIVES                                        
HB 504	SALE OF ALCOHOL IN CLUBS                                                
                                                                               
APR 13                             WEDNESDAY                   9:00 AM         
SB 199	ELECTIONS EMPLOYEES IN CLASSIFIED SERVICE                               
SB 244	PERMANENT FUND INVESTMENTS - LTD PARTNERS                               
HB 347	STATE LONG-TERM PLANNING                                                
HB 277	INDEMNIFICATION OF PUBLIC EMPLOYEES                                     
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 15                               FRIDAY                    9:00 AM         
HB 494	ALASKA PENSION INVESTMENT AUTHORITY                                     
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                                 BELTZ ROOM 211                                
APR 07                              THURSDAY                   3:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
                            FINANCE SUBCOMMITTEES                            
                                                                               
                      TRANSPORTATION & PUBLIC FACILITIES                     
                                 BELTZ ROOM 211                                
APR 07                              THURSDAY                   3:30 PM         
 	******CANCELLED******                                                        
 	BUDGET CLOSEOUT <TENTATIVE>                                                  
 	<RESCHEDULED FROM 03/31/94>                                                  
                                                                               
                                                                               

1994-04-06                     Senate Journal                      Page 3494
                               JOINT COMMITTEES                              
                                                                               
                      SELECT CMTE ON LEGISLATIVE ETHICS                      
                                 BELTZ ROOM 211                                
APR 14                              THURSDAY                   1:00 PM         
 	COMMITTEE OF THE WHOLE                                                       
 	..OPEN SESSION                                                               
 	..EXECUTIVE SESSION                                                          
 	..OPEN SESSION                                                               
                                                                               
APR 15                               FRIDAY                    8:00 AM         
 	COMMITTEE OF THE WHOLE                                                       
 	..OPEN SESSION                                                               
 	HOUSE SUBCOMMITTEE                                                           
 	..EXECUTIVE SESSION                                                          
 	LEGAL SERVICES SUBCOMMITTEE                                                  
 	..EXECUTIVE SESSION                                                          
                    ----------------------------------------                   
                                                                               
                             LEGISLATIVE COUNCIL                             
                                CAPITOL ROOM 30                                
APR 06                             WEDNESDAY                   4:00 PM         
 	STATUTE PUBLICATION RFP EVALUATION SUBCOMMITTEE                              
 	..WILL MEET IN EXECUTIVE SESSION TO DISCUSS                                  
 	..EVALUATION OF RFP NO. 240                                                  
                                                                               
                               OTHER COMMITTEES                              
                                                                               
                              CHILDREN'S CAUCUS                              
                               BUTROVICH ROOM 205                              
APR 13                             WEDNESDAY                  12:00 PM         
 	CHILDREN'S CAUCUS                                                            
                                                                               
APR 27                             WEDNESDAY                  12:00 PM         
 	CHILDREN'S CAUCUS                                                            
                    ----------------------------------------                   
                                                                               
                                JOINT SESSION                                
                                 HOUSE CHAMBER                                 
APR 07                              THURSDAY                  10:00 AM         
 	HONORABLE TED STEVENS                                                        
 	UNITED STATES SENATE