Legislature(1993 - 1994)
1994-04-22 Senate Journal
Full Journal pdf1994-04-22 Senate Journal Page 3867 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Friday April 22, 1994 One Hundred Third Day Pursuant to adjournment the Senate was called to order by President Halford at 11:26 a.m. The roll showed sixteen members present. Senator Donley was excused from a call of the Senate. Senators Duncan, Frank, Leman were absent. The prayer was offered by the Chaplain, the Reverend Wilson Valentine of St. Brendan's Episcopal Church. Senator Lincoln moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Gracious and merciful God, Receive our thanks for all that has been done this week, the splendor and beauty of the world in which we live, for the miracle of life and mystery of love. We thank You for those who surround and support us in our work, and the loving care of family and friends. We thank You for placing before us responsibilities that demand our best efforts and which bring us the feeling of satisfaction in accomplishment. We offer our thanks also for the disappointments and failures that remind us of our need for other people and upon You. At this day's end, give us time to rest and refresh ourselves, to ponder the unknown and the unsettled, and to savor and admire our life and the world so that we may readily return to this place to meet new demands of a new week. Amen. 3867 1994-04-22 Senate Journal Page 3868 Senator Ellis led the Senate in the pledge of allegiance. The presence of Senators Frank, Leman was noted. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundred second legislative day be approved as certified by the Secretary. Without objection, it was so ordered. COMMUNICATIONS The following report was received and is on file in the Office of the Secretary of the Senate: Charitable Gaming Division Preliminary Annual Report for the Calendar Year Ended December 31, 1993 from Darrel J. Rexwinkel, Commissioner, Department of Revenue in accordance with AS 05.15.090 (A revised final report should be available by July 1, 1994) STANDING COMMITTEE REPORTS SB 67 The Finance Committee considered SENATE BILL NO. 67 "An Act amending provisions of ch. 66, SLA 1991, that relate to reconstitution of the corpus of the mental health trust, the management of trust assets, and to the manner of enforcement of the obligation to compensate the trust; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 67(2d FIN), entitled: "An Act relating to the mental health land trust and the mental health land trust litigation, Weiss v. State, 4FA-82-2208 Civil; and providing for an effective date." Signing do pass: Senator Frank, Cochair, Senators Sharp, Jacko. Signing no recommendation: Senator Pearce, Cochair, Senators Rieger, Kerttula. 1994-04-22 Senate Journal Page 3869 SB 67 Fiscal notes and zero fiscal notes forthcoming. SENATE BILL NO. 67 was referred to the Rules Committee. The presence of Senator Donley was noted. SB 367 Fiscal note for SENATE BILL NO. 367 "An Act relating to health care and insurance for health care; to review and approval of health insurance rates and rating factors; relating to certain civil actions against health care providers; to coordination of insurance benefits and to determination and disclosure of fees paid to an insured or health care provider; to the rate of interest on certain judgments and decrees; to excise taxes on cigarettes; amending Alaska Rules of Civil Procedure 26, 27, 68, 79, and 82 and Alaska Rules of Evidence 802, 803, and 804; repealing Alaska Rule of Civil Procedure 72.1; and providing for an effective date" and the Health, Education and Social Services Committee Substitute (new title) (page 3523) published today from Alaska Court System. SB 357 The Rules Committee considered SENATE BILL NO. 357 "An Act relating to certain study, publication, and reporting requirements by and to state agencies; relating to certain fees for reports; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senator Rieger. Signing no recommendation: Senators Little, Zharoff. SENATE BILL NO. 357 is on today's calendar. SB 365 The Rules Committee considered SENATE BILL NO. 365 "An Act relating to the improvement of state finances and fiscal accountability by increasing fees, by collecting additional revenue, by reducing certain program expenditures by changing services or eligibility requirements for programs, by changing certain statutory limitation periods, by providing for use of certain electronic records, by making 1994-04-22 Senate Journal Page 3870 SB 365 changes to state agency functions or procedures including certain reporting and planning procedures, and by authorizing extensions for state leases for real property if certain savings can be achieved; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senator Rieger. Signing no recommendation: Senators Little, Zharoff. SENATE BILL NO. 365 is on today's calendar. SB 376 The Rules Committee considered SENATE BILL NO. 376 "An Act relating to fees charged by state agencies for certain services and to reimbursement for expenses incurred by the state in providing certain services; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff. Signing no recommendation: Senator Little. SENATE BILL NO. 376 is on today's calendar. SB 377 The Rules Committee considered SENATE BILL NO. 377 "An Act relating to state agency fiscal procedures; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff. Signing no recommendation: Senator Little. SENATE BILL NO. 377 is on today's calendar. HB 370 The Rules Committee considered CS FOR HOUSE BILL NO. 370(FIN)(brf fld) "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senator Rieger. Signing no recommendation: Senators Little, Zharoff. CS FOR HOUSE BILL NO. 370(FIN)(brf fld) is on today's calendar. 1994-04-22 Senate Journal Page 3871 INTRODUCTION AND REFERENCE OF SENATE BILLS SB 379 SENATE BILL NO. 379 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act extending the termination date of the Board of Marine Pilots; and delaying the repeal of a statute relating to tariffs for pilotage services." was read the first time and referred to the Finance Committee. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 357 SENATE BILL NO. 357 "An Act relating to certain study, publication, and reporting requirements by and to state agencies; relating to certain fees for reports; and providing for an effective date" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 3836. Without objection, CS FOR SENATE BILL NO. 357(FIN) was adopted. CS FOR SENATE BILL NO. 357(FIN) was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 357(FIN) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 357(FIN) was read the third time. Senator Little called the Senate, then lifted the call. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 11:43 a.m. 1994-04-22 Senate Journal Page 3872 AFTER RECESS The Senate reconvened at 1:46 p.m. CONSIDERATION OF THE CALENDAR CONTINUED SB 357 Senator Duncan moved that CS FOR SENATE BILL NO. 357(FIN) be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Duncan offered Amendment No. 1 : Page 5: Delete Section 13 Renumber following sections accordingly. Senator Duncan moved for the adoption of Amendment No. 1. Senator Taylor objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 357(FIN) Second Reading Amendment No. 1 YEAS: 8 NAYS: 11 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Absent: Zharoff and so, Amendment No. 1 failed. CS FOR SENATE BILL NO. 357(FIN) was automatically in third reading. 1994-04-22 Senate Journal Page 3873 SB 357 The question being: "Shall CS FOR SENATE BILL NO. 357(FIN) "An Act relating to certain study, publication, and reporting requirements by and to state agencies; relating to certain fees for reports; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 357(FIN) Third Reading - Final Passage Effective Date YEAS: 14 NAYS: 5 EXCUSED: 0 ABSENT: 1 Yeas: Donley, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Ellis, Kerttula, Salo Absent: Zharoff and so, CS FOR SENATE BILL NO. 357(FIN) passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. CS FOR SENATE BILL NO. 357(FIN) was referred to the Secretary for engrossment. SB 365 SENATE BILL NO. 365 "An Act relating to the improvement of state finances and fiscal accountability by increasing fees, by collecting additional revenue, by reducing certain program expenditures by changing services or eligibility requirements for programs, by changing certain statutory limitation periods, by providing for use of certain electronic records, by making changes to state agency functions or procedures including certain reporting and planning procedures, and by authorizing extensions for state leases for real property if certain savings can be achieved; and providing for an effective date" was read the second time. 1994-04-22 Senate Journal Page 3874 SB 365 Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 3838. Senator Duncan objected. Senator Kelly called the Senate. The call was satisfied. The question being: "Shall the Finance Committee Substitute be adopted?" The roll was taken with the following result: SB 365 Second Reading Adopt Finance Committee Substitute? YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Jacko, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Ellis, Halford, Kelly, Kerttula, Lincoln, Little, Salo, Zharoff and so, the Finance Committee Substitute failed to be adopted. Senator Pearce moved and asked unanimous consent that SENATE BILL NO. 365 be placed at the bottom of today's calendar. Without objection, it was so ordered. Senator Pearce called the Senate on the balance of today's calendar. SB 376 SENATE BILL NO. 376 "An Act relating to fees charged by state agencies for certain services and to reimbursement for expenses incurred by the state in providing certain services; and providing for an effective date" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 3838. Without objection, CS FOR SENATE BILL NO. 376(FIN) was adopted. CS FOR SENATE BILL NO. 376(FIN) was read the second time. 1994-04-22 Senate Journal Page 3875 SB 376 Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 376(FIN) be considered engrossed, advanced to third reading and placed on final passage. Senator Donley objected. Senator Taylor moved and asked unanimous consent that his motion to advance to third reading be withdrawn. Without objection, it was so ordered. Senators Halford, Frank offered Amendment No. 1 : Page 5, lines 2 - 5: Delete "(9)" and "(10)" in their entirety. Renumber following sections accordingly. Senator Frank moved for the adoption of Amendment No. 1. Senator Duncan objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 376(FIN) Second Reading Amendment No. 1 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Jacko, Kelly, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Ellis, Kerttula, Leman, Lincoln, Little, Salo, Zharoff and so, Amendment No. 1 was adopted. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 376(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. 1994-04-22 Senate Journal Page 3876 SB 376 CS FOR SENATE BILL NO. 376(FIN) am was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 376(FIN) am "An Act relating to fees charged by state agencies for certain services and to reimbursement for expenses incurred by the state in providing certain services; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 376(FIN) am Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Donley, Ellis, Lincoln, Little and so, CS FOR SENATE BILL NO. 376(FIN) am passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. CS FOR SENATE BILL NO. 376(FIN) am was referred to the Secretary for engrossment. SB 377 SENATE BILL NO. 377 "An Act relating to state agency fiscal procedures; and providing for an effective date" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 3839. Senator Adams objected. The question being: "Shall the Finance Committee Substitute be adopted?" The roll was taken with the following result: 1994-04-22 Senate Journal Page 3877 SB 377 SB 377 Second Reading Adopt Finance Committee Substitute? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Lincoln, Little, Salo, Zharoff and so, CS FOR SENATE BILL NO. 377(FIN) was adopted. CS FOR SENATE BILL NO. 377(FIN) was read the second time. Senator Kerttula offered Amendment No. 1 : Page 1, line 1, after "procedures": Insert ", including procedures related to the assessment and collection of certain taxes" Page 1, after line 3: Insert a new bill section to read: "* Section 1. LEGISLATIVE FINDINGS AND PURPOSE RELATED TO SECTIONS 8 AND 9. (a) The legislature finds that (1) with respect to income taxes imposed under former AS43.21 and oil and gas production taxes imposed by AS43.55, (A) the Department of Revenue has interpreted AS43.05.260 to permit it to issue an amended assessment at any time during the administrative consideration of an appeal or of a claim for credit or refund; (B) the department's interpretation of AS43.05.260 and 43.05.270 are correct; and (C) it is in the public interest that AS43.05.260 and 43.05.270 be clarified by amendment, effective from the date of enactment of those sections, to reflect these longstanding administrative interpretations; 1994-04-22 Senate Journal Page 3878 SB 377 (2) the legal and factual issues arising out of the separate accounting methods used in the levy and collection of income taxes imposed under former AS43.21 and oil and gas production taxes imposed by AS43.55 are complex and require lengthy audits by the Department of Revenue to accurately determine the amount of the taxes that are due the state from the respective levies; (3) two other factors have contributed to the lengthy period required to issue accurate tax assessments for the taxes imposed by former AS43.21 and AS43.55: (A) throughout the 1970's and the 1980's, the Department of Revenue's ability to audit these tax returns effectively was constrained by its audit resources; and (B) subsequent to the enactment of former AS43.21 in 1978, taxpayers requested suspension of action on assessments pending the outcome of a challenge to the constitutionality of the separate accounting method as applied to the levy and collection of the income tax; litigation arising out of this challenge was filed in 1979 and concluded in 1986; (4) the six-year limitation on the collection of taxes, as applicable to income taxes imposed by former AS43.21 and production taxes imposed by AS43.55, should be amended retroactively to clarify that the limitation on collections is tolled during any administrative or judicial consideration of an assessment; the adoption of the amendment embodies the interpretation by and practice of the Department of Revenue since the enactment of AS43.05.270 by sec.1, ch.94, SLA 1976; (5) often a tax levy cannot be made or a proceeding in court cannot be initiated for the collection of unpaid taxes within six years after the assessment of that tax because (A) the protest of an assessment begins a process that often takes several years to complete; (B) after a final administrative decision on a protest has issued, judicial resolution of the protest often lasts several more years; and 1994-04-22 Senate Journal Page 3879 SB 377 (C) commencement of a separate collection action while an administrative or judicial appeal of a taxpayer's protest of an assessment is pending is impractical and an inefficient use of the resources of the executive and judicial branches of the state government; (6) substantial taxes assessed under former AS43.21 and under AS43.55 remain uncollected; (7) these uncollected taxes are in large part the result of disputes over value at the point of production for oil and gas produced in the state; (8) substantial public revenue is at risk in the litigation to which reference is made in (b)(2) of this section, and it is contrary to the public interest to allow these revenues to go uncollected; (9) because the department has had difficulties in obtaining information and completing audits within the three-year period set out in AS43.05.260(a) and has had to amend assessments based on information developed during taxpayer appeals to reflect the correct amount of tax due, a longer statutory period for assessments should be provided for tax periods beginning after December 31, 1993; (10) taxpayers also have an interest in finality and certainty with respect to the amount of taxes due the state, and that interest will be promoted by having a five-year statute of limitations on assessments, except as otherwise authorized by AS43.05.260(c), after which time no increases in the amount due the state will be allowed; and (11) it is in the public interest to amend AS43.05.260(a) prospectively to provide for the issuance and amendment of assessments within five years from the date the taxpayer's return is filed, except as provided in AS43.05.260(c). (b) The purposes of the amendment of AS43.05.260(a), made by sec.8 of this Act, and of AS43.05.270(a), made by sec.9 of this Act, are (1) to validate and affirm the longstanding administrative interpretation and practices of the Department of Revenue in assessing and collecting taxes; 1994-04-22 Senate Journal Page 3880 SB 377 (2) to make clear specific existing law that resulted in the inconsistent decisions of the state Superior Court reached in Tesoro Petroleum Corporation, et al., v. State of Alaska, Department of Revenue, Superior Court No. 3AN-89-7130 Civ., and State of Alaska, Department of Revenue v. Exxon Corporation, et al., Superior Court No. 3AN-89-5215 Civ. (3) to make prospective changes to the statute of limitations for assessments in AS43.05.260 to allow the Department of Revenue five years from the date the taxpayer's return is filed to complete its audit and issue or amend an assessment, for tax periods beginning after December 31, 1993." Page 1, line 4: Delete "* Section 1." Insert "* Sec. 2." Renumber the following bill sections accordingly. Page 3, after line 30: Insert new bill sections to read: "* Sec. 8. AS43.05.260(a) is amended to read: (a) Except as provided in (c) of this section and AS43.20.200(b), the amount of a tax imposed by this title must be assessed (1) for tax periods ending before January 1, 1994, within three years after the return was filed, whether or not a return was filed on or after the date prescribed by law; however, at any time during the administrative consideration of a taxpayer grievance or of a claim for credit or refund, based upon a tax imposed by former AS43.21 or by AS43.55, the department may increase or decrease the amount of tax due by issuing or amending an assessment; (2) for tax periods beginning after December 31, 1993, within five years after the return was filed, whether or not a return was filed on or after the date prescribed by law; the department may increase or decrease the amount of tax due by issuing or amending an assessment within the five-year period; after that five- year period, the department may not increase an assessment under this subsection. [IF THE TAX IS NOT 1994-04-22 Senate Journal Page 3881 SB 377 ASSESSED BEFORE THE EXPIRATION OF THE THREE-YEAR PERIOD, PROCEEDINGS MAY NOT BE INSTITUTED IN COURT FOR THE COLLECTION OF THE TAX.] * Sec. 9. AS43.05.270(a) is amended to read: (a) When the assessment of a tax imposed by this title has been made within the period of limitation under AS43.05.260, the tax may be collected by levy or by a proceeding in court [, BUT ONLY] if the levy is made or the proceeding is begun: (1) within six years after the latest of any of the following: (A) the assessment of the tax; (B) the final administrative determination of the grievance, if the taxpayer files a grievance from an assessment; or (C) the final judicial resolution of an appeal, if the taxpayer appeals from a final adjudicative determination of a grievance; or (2) before the expiration of a period for collection agreed upon in writing by the department and the taxpayer before the expiration of the six-year period; a period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon [; THE PERIOD PROVIDED BY THIS PARAGRAPH DURING WHICH A TAX MAY BE COLLECTED BY LEVY MAY NOT BE EXTENDED OR CURTAILED BECAUSE OF A JUDGMENT AGAINST THE TAXPAYER]." Renumber the following bill sections accordingly. Page 5, after line 6: Insert new bill sections to read: "* Sec. 13. Under the provisions of AS01.10.030, if any provisions of this Act, or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application to other persons or circumstances shall not be affected thereby. 1994-04-22 Senate Journal Page 3882 SB 377 * Sec. 14. Sections 8 and 9 of this Act are retroactive to January1, 1976. * Sec. 15. Sections 8, 9, 13, and 14 of this Act take effect immediately under AS01.10.070(c)." Renumber the following bill section accordingly. Page 5, line 7: Delete "This" Insert "Except as provided in sec. 15 of this Act, this" Senator Kerttula moved for the adoption of Amendment No. 1. Senator Kelly objected. Senator Pearce moved the question of whether Amendment No. 1 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 Duncan announced a minority caucus. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 4:42 p.m. AFTER RECESS The Senate reconvened at 4:57 p.m. SB 377 The question being: "Is Amendment No. 1 germane?" The roll was taken with the following result: 1994-04-22 Senate Journal Page 3883 SB 377 CSSB 377(FIN) Second Reading Amendment No. 1 Is Amendment No. 1 germane? YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Kerttula, Leman, Lincoln, Little, Miller, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Jacko, Kelly, Pearce and so, Amendment No. 1 was germane to the bill. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 377(FIN) Second Reading Amendment No. 1 YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Kerttula, Leman, Lincoln, Little, Miller, Sharp, Taylor, Zharoff Nays: Jacko, Kelly, Pearce, Phillips, Rieger, Salo and so, Amendment No. 1 was adopted. Senators Donley, Ellis, Little offered Amendment No. 2 : Page 2, line 30: Delete "*Sec. 4" Senator Donley moved for the adoption of Amendment No. 2 Senator Pearce objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 1994-04-22 Senate Journal Page 3884 SB 377 CSSB 377(FIN) am Second Reading Amendment No. 2 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Jacko, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 2 failed. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 377(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 377(FIN) am was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 377(FIN) am "An Act relating to state agency fiscal procedures, including procedures related to the assessment and collection of certain taxes; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 377(FIN) am Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Kerttula, Leman, Lincoln, Little, Miller, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Jacko, Kelly, Pearce, Salo and so, CS FOR SENATE BILL NO. 377(FIN) am passed the Senate. 1994-04-22 Senate Journal Page 3885 SB 377 Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Senator Kelly objected. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 377(FIN) am Effective Date Vote YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Kerttula, Leman, Lincoln, Little, Miller, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Jacko, Kelly, Pearce and so, the effective date clause was adopted. Senator Pearce gave notice of reconsideration. Senator Taylor moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 377(FIN) am be taken up at this time. Senator Pearce objected. Senator Taylor moved and asked unanimous consent that his motion to take up the reconsideration be withdrawn. Without objection, it was so ordered. SECOND READING OF HOUSE BILLS HB 370 CS FOR HOUSE BILL NO. 370(FIN)(brf fld) "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date" was read the second time. 1994-04-22 Senate Journal Page 3886 HB 370 Senator Frank moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3840. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) was read the second time. Senator Salo offered Amendment No. 1 : Page 15, line 22: Delete "8,500,800" Insert "8,410,000" Page 15, line 25: Delete "16,077,800" Insert "15,087,800" Page 15, line 14: Delete "11,498,700" Insert "11,588,700" Page 15, line 17: Delete "5,733,200" Insert "5,823,200" Senator Salo 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: SCS CSHB 370(FIN) Second Reading Amendment No. 1 1994-04-22 Senate Journal Page 3887 HB 370 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 1 failed. Senator Salo offered Amendment No. 2 : Page 35, line 21: Delete "10,834,900" Insert "9,834,900" Page 35, line 21: Delete "5,761,200" Insert "4,761,200" Page 31, line 5: Delete "38,813,700" Insert "39,813,700" Page 31, line 8: Delete "3,776,500" Insert "4,776,500" Senator Salo 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: SCS CSHB 370(FIN) Second Reading Amendment No. 2 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 1994-04-22 Senate Journal Page 3888 HB 370 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 2 failed. Senator Salo offered Amendment No. 3 : Page 13, line 12: Delete "7,802,500" Insert "7,448,800" Page 13, line 17: Delete "353,700" Page 15, line 14: Delete "11,498,700" Insert 11,374,400" Page 14, line 18: Delete "14,518,500" Insert "14,996,800" Page 14, line 23: Delete "3,669,000" Insert "4,147,000" Senator Salo moved for the adoption of Amendment No. 3. Senator Taylor objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) Second Reading Amendment No. 3 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 1994-04-22 Senate Journal Page 3889 HB 370 Yeas: Adams, Donley, Duncan, Ellis, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 3 failed. Senator Little offered Amendment No. 4 : Page 33, lines 32 - 34: Delete "69,820,200" Insert "71,107,500" 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: SCS CSHB 370(FIN) Second Reading Amendment No. 4 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 and so, Amendment No. 4 failed. Senator Little offered Amendment No. 5 : Page 34, line 12: Delete "-1,141,200" Insert "-224,900" Senator Little moved for the adoption of Amendment No. 5. Senator Miller objected. 1994-04-22 Senate Journal Page 3890 HB 370 The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) Second Reading Amendment No. 5 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 and so, Amendment No. 5 failed. Senator Frank offered Amendment No. 6 : Page 35, line 16: Delete "4,447,600" Insert "4,841,200" Delete "3,327,700" Insert "3,721,300" Page 35, line 20: Delete "1,658,300" Insert "2,051,900" Page 35, line 21: Delete "34,228,400" Insert "34,262,500" Delete "23,393,500" Insert "23,427,600" Page 35, line 37: Delete "3,897,200" Insert "3,931,300" Senator Frank moved and asked unanimous consent for the adoption of Amendment No. 6. Without objection, Amendment No. 6 was adopted. 1994-04-22 Senate Journal Page 3891 HB 370 Senator Little offered Amendment No. 7 : Page 27, line 35: Delete "89,400" Senator Little 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: SCS CSHB 370(FIN) am S Second Reading Amendment No. 7 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Lincoln, Little, Salo Nays: Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff and so, Amendment No. 7 failed. Senator Little offered Amendment No. 8 : Page 13, line 17: Delete "353,700" Insert "121.0 Page 27, line 35: Delete "89,400" Page 42, line 15: Delete "1,247,300" Insert "1,569.4" Senator Little moved for the adoption of Amendment No. 8. Senator Taylor objected. 1994-04-22 Senate Journal Page 3892 HB 370 The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Second Reading Amendment No. 8 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Adams, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 8 failed. Senators Lincoln, Donley, Little offered Amendment No. 9 : Page 23, line 32: Delete "18,585,100" Insert "19,385,100" Page 25, line 35: Delete "1,341,500" Insert " 541,500" Senator Lincoln moved for the adoption of Amendment No. 9. Senator Miller objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Second Reading Amendment No. 9 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff 1994-04-22 Senate Journal Page 3893 HB 370 Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 9 failed. Senators Lincoln, Little, Kelly, Kerttula, Jacko offered Amendment No. 10 : Page 13, line 17: Delete "353,700" Insert "153,700" Page 15, line 7: Delete "5,904,800" Insert "6,104,800" Senator Lincoln moved for the adoption of Amendment No. 10. Senator Frank objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S 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 Lincoln offered Amendment No. 11 : Page 25, line 8: Delete "2,884,400" Insert "3,020,700" 1994-04-22 Senate Journal Page 3894 HB 370 Page 25, line 35: Delete "1,341,500" Insert "1,105,200" Senator Lincoln moved for the adoption of Amendment No. 11. Senator Taylor objected. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S 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 and so, Amendment No. 11 failed. Senator Frank offered Amendment No. 12 : Page 10, after line 20: Insert new subsections to read: "(d) All residual right, title, and interest in the loan and note portfolio appropriated to the economic development fund of the former Alaska Industrial Development Authority under sec.1, ch.67, SLA 1985, that would lapse into the general fund upon release of any pledge or interest arising in connection with the financing or development of the DeLong Mountain Transportation Project are transferred from the general fund to the Alaska Industrial Development and Export Authority revolving fund (AS44.88.060) for the purposes described in AS44.88. 1994-04-22 Senate Journal Page 3895 HB 370 (e) Any interest in money generated by the DeLong Mountain Transportation Project required to be transferred to the Department of Revenue under sec.3, ch.68, SLA 1985, is transferred to the Alaska Industrial Development and Export Authority revolving fund (AS44.88.060) for the purposes described in AS44.88." Senator Frank moved for the adoption of Amendment No. 12. Senator Duncan objected, then withdrew his objection. There being no further objections, Amendment No. 12 was adopted. Senator Lincoln offered Amendment No. 13 : Page 25, line 35: Delete "1,341,500" Insert "1,268,600" Page 30, line 26: Delete "1,466,700" Insert "1,539,600" Senator Lincoln moved for the adoption of Amendment No. 13. Senator Pearce objected. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S 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. 1994-04-22 Senate Journal Page 3896 HB 370 Senator Lincoln offered Amendment No. 14 : Page 42, line 8: Delete "2,085,500" Insert "2,097,500" Page 13, line 17: Delete "353,700" Insert "341,700" Senator Lincoln moved for the adoption of Amendment No. 14. Senator Frank objected. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Second Reading Amendment No. 14 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. 14 failed. Senator Lincoln offered Amendment No. 15 : Page 26, following line 12: Insert: It is the intent of the Legislature that funding from this allocation be utilized by the Division of Tourism for the development of tourism in rural/bush Alaska. Senator Lincoln moved for the adoption of Amendment No. 15. Senator Frank objected. 1994-04-22 Senate Journal Page 3897 HB 370 The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Second Reading Amendment No. 15 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. 15 failed. Senator Ellis offered Amendment No. 16 : Page 13, line 12: Delete "8,053,500" Insert "7,699,800" Delete "7,802,000" Insert "7,448,800" Page 13, line 17: Delete "353,700" Page 15, line 35: Under Appropriation Items Delete "630,100" Insert "710,100" Under General Fund Delete "630,100" Insert "710,100" Senator Ellis moved for the adoption of Amendment No. 16. Senator Sharp objected. 1994-04-22 Senate Journal Page 3898 HB 370 The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Second Reading Amendment No. 16 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. 16 failed. Senator Ellis offered Amendment No. 17 : Page 6, line 18: Delete "15,265,000" Insert "18,258,400" Page 6, line 23: Delete "3,750,000" Insert "4,500,000" Page 6, line 26: Delete "11,250,000" Insert "13,500,000" Page 6, line 28: Delete "265,000" Insert "258,400" Page 35, line 21: Delete "34,228,400" Insert "31,234,000" Delete "23,393,500" Insert "20,400,100" 1994-04-22 Senate Journal Page 3899 HB 370 Page 35, line 35: Delete "5,761,200" Insert "2,767,800" Senator Ellis moved for the adoption of Amendment No. 17. Senator Taylor objected. The question being: "Shall Amendment No. 17 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Second Reading Amendment No. 17 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 17 failed. Senator Ellis offered Amendment No. 18 : Page 25, line 37: Under Appropriation Items Delete "9,747,600" Insert "10,747,600" Under General Fund Delete "9,747,600" Insert "10,747,600" Page 26, line 13: Delete "6,492,900" Insert "7,492,900" 1994-04-22 Senate Journal Page 3900 HB 370 Page 35, line 21: Delete "34,228,400" Insert "33,228,400" Delete "23,393,500" Insert "22,393,500" Page 35, line 35: Delete "5,761,200" Insert "4,761,200" Senator Ellis moved for the adoption of Amendment No. 18. Senator Kelly objected. The question being: "Shall Amendment No. 18 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Second Reading Amendment No. 18 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Lincoln, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 18 failed. Senator Ellis offered Amendment No. 19 : Page 35, line 21: Delete "34,228,400" Insert "32,048,400" Delete "23,393,500" Insert "21,213,500" Page 35, line 35: Delete "5,761,200" Insert "3,581,200" 1994-04-22 Senate Journal Page 3901 HB 370 Page 36, line 27: Under Appropriation Items Delete "2,000,000" Insert "4,180,000" Under General Fund Delete "2,000,000" Insert "4,180,000" Page 36, line 29: Delete "1,551,800" Insert "3,480,000" Page 36, line 31: Delete "448,200" Insert "700,000" Senator Ellis moved for the adoption of Amendment No. 19. Senator Miller objected. The question being: "Shall Amendment No. 19 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Second Reading Amendment No. 19 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. 19 failed. Senator Donley offered Amendment No. 20 : 1994-04-22 Senate Journal Page 3902 HB 370 Page 16, line 33: Delete "54,266,200" Insert "53,302,000" Delete "3,654,300" Insert "2,690,100" Page 16, line 38: Delete "451,900" Page 17, line 11: Delete "322,300" Page 17, line 13: Delete "190,000" Page 18, line 11: Delete "7,312,100" Insert "7,191,200" Delete "6,034,000" Insert "5,913,100" Page 18, line 16: Delete "120,900" Page 24, line 31: Delete "45,061,500" Insert "44,925,200" Delete "1,192,900" Insert "1,056,600" Page 25, line 6: Delete "2,688,600" Insert "2,552,300" Page 25, line 9: Delete "14,309,600" Insert "13,999,000" 1994-04-22 Senate Journal Page 3903 HB 370 Delete "8,273,100" Insert "7,962,500" Page 25, line 10: Delete "706,400" Insert "546,000" Page 25, line 13: Delete "5,194,800" Insert "5,119,700" Page 25, line 16: Delete "3,335,000" Insert "3,259,900" Page 27, line 23: Delete "5,395,400" Insert "5,306,000" Delete "4,935,100" Insert "4,329,200" Page 27, line 24: Delete "605,900" Insert "516,500" Page 27, line 36: Delete "36,986,700" Insert "36,871,700" Delete "29,263,800" Insert "29,148,800" Page 28, line 7: Delete "3,843,500" Insert "3,828,500" Page 28, line 9: Delete "1,541,900" Insert "1,441,900" 1994-04-22 Senate Journal Page 3904 HB 370 Senator Donley moved for the adoption of Amendment No. 20. Senator Miller objected. The question being: "Shall Amendment No. 20 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Second Reading Amendment No. 20 YEAS: 2 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis Nays: Adams, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, Amendment No. 20 failed. Senator Donley offered Amendment No. 21 : Page 15, line 6: Under Appropriation Items: Delete "1,239,700" Under General Fund: Delete "1,239,700" Page 15, line 7: Under Appropriation Items: Delete "5,904,800" Insert "4,904,800" Under General Fund: Delete "5,904,800" Insert "4,904,800" Senator Donley moved for the adoption of Amendment No. 21. Senator Miller objected. 1994-04-22 Senate Journal Page 3905 HB 370 The question being: "Shall Amendment No. 21 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Second Reading Amendment No. 21 YEAS: 2 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Phillips Nays: Adams, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff and so, Amendment No. 21 failed. Senator Donley offered Amendment No. 22 : Page 14, line 18: Delete "25,718,100" Insert "25,601,540" Delete "14,518,500" Insert "14,401,940" Page 14, line 20: Delete "582,800" Insert "466,240" Page 15, line 22: Delete "18,905,900" Insert "18,684,020" Delete "8,500,800" Insert "8,278,920" Page 15, line 28: Delete "1,109,400" Insert "887,520" 1994-04-22 Senate Journal Page 3906 HB 370 Page 16, line 17: Delete "2,154,000" Insert "1,984,860" Delete "1,525,000" Insert "1,355,860" Page 16, line 18: Delete "845,700" Insert "676,560" Page 17, line 15: Delete "3,442,700" Insert "3,382,800" Delete "2,688,900" Insert "2,629,000" Page 17, line 17: Delete "599,000" Insert "539,100" Page 24, line 18: Delete "6,210,300" Insert "6,036,720" Delete "4,250,500" Insert "4,076,920" Page 24, line 19: Delete "867,900" Insert "694,320" Page 25, line 9: Delete "14,309,600" Insert "14,238,960" Delete "8,273,100" Insert "8,202,460" Page 25, line 10: Delete "706,400" Insert "635,760" 1994-04-22 Senate Journal Page 3907 HB 370 Page 25, line 30: Delete "6,136,600" Insert "6,006,840" Delete "5,397,200" Insert "5,267,440" Page 25, line 32: Delete "648,800" Insert "519,040" Page 26, line 30: Delete "17,686,200" Insert "17,374,900" Delete "4,658,000" Insert "4,346,700" Page 26, line 31: Delete "1,556,500" Insert "1,245,200" Page 27, line 23: Delete "5,395,400" Insert "5,334,810" Delete "4,935,100" Insert "4,874,510" Page 27, line 24: Delete "605,900" Insert "545,310" Page 29, line 23: Delete "5,669,100" Insert "5,454,660" Delete "2,369,900" Insert "2,155,460" Page 29, line 24: Delete "1,072,200" Insert "857,760" 1994-04-22 Senate Journal Page 3908 HB 370 Page 32, line 7: Delete "13,151,500" Insert "13,013,340" Delete "12,422,300" Insert "12,284,140" Page 32, line 9: Delete "690,800" Insert "552,640" Page 32, line 26: Delete "191,329,000" Insert "191,131,570" Delete "98,240,400" Insert "98,042,970" Page 32, line 27: Delete "658,100" Insert "460,670" Page 35, line 16: Delete "4,447,600" Insert "4,288,120" Delete "1,119,900" Insert "960,420" Page 35, line 17: Delete "797,400" Insert "637,920" Page 36, line 22: Delete "4,053,500" Insert "3,887,460" Delete "3,757,300" Insert "3,591,260" Page 36, line 23: Delete "830,200 Insert "664,160" 1994-04-22 Senate Journal Page 3909 HB 370 Page 38, line 25: Delete "5,534,400" Insert "5,310,420" Delete "5,398,400" Insert "5,174,420" Page 38, line 26: Delete "1,119,900" Insert "895,920" Senator Donley moved for the adoption of Amendment No. 22. Senator Pearce objected. The question being: "Shall Amendment No. 22 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Second Reading Amendment No. 22 YEAS: 2 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis Nays: Adams, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, Amendment No. 22 failed. Senator Donley offered Amendment No. 23 : Page 13, line 12: Delete "8,053,500" Insert "7,699,800" Delete "7,802,500" Insert "7,448,800" Page 13, line 17: Delete "353,700" 1994-04-22 Senate Journal Page 3910 HB 370 Page 17, line 21: Delete "1,900,600" Insert " 900,600" Delete "1,192,800" Insert " 192,800" Page 17, line 24: Delete "1,712,400" Insert " 712,400" Page 25, line 30: Delete "6,136,600" Insert "4,795,100" Delete "5,397,200" Insert 4,055,700" Page 25, line 35: Delete "1,341,500" Page 28, line 27: Delete "3,218,300" Delete "1,519,400" Delete "1,698,900" Page 28, line 28: Delete "3,129,800" Page 28, line 29: Delete "88,500" Page 28, line 30: Under Appropriation Items: Delete "8,928,400" Insert "6,928,400" 1994-04-22 Senate Journal Page 3911 HB 370 Under Other Funds: Delete "8,928,400" Insert "6,928,400" Page 35, line 21: Delete "34,228,400" Insert "29,346,200" Delete "10,834,900" Insert "5,952,700" Page 35, line 35: Delete "5,761,200" Insert "879,000" Page 36, line 4: Delete "4,926,700" Insert "3,594,100" Delete "4,076,800" Insert "2,744,200" Page 36, line 8: Delete "561,700" Page 36, line 5: Delete "199,800" Page 36, line 11: Delete "1,142,200" Insert "571,100" Page 37, line 31: Delete "20,043,900" Insert "18,448,700" Delete "3,555,100" Insert "1,959,900" Page 38, line 4: Delete "1,595,200" 1994-04-22 Senate Journal Page 3912 HB 370 Page 38, line 5: Delete "22,213,700" Insert "18,486,700" Delete "19,459,300" Insert "15,732,300" Page 38, line 16: Delete "18,635,000" Insert "14,908,000" Page 36, line 22: Delete "4,053,500" Insert "3,578,500" Delete "3,757,300" Insert "3,282,300" Page 36, line 22: Insert "It is the intent of the legislature that the department make no grants to the Alaska Legal Services Corporation. Page 36, line 23: Delete "830,200" Insert "355,200" Page 14, line 18: Delete "25,718,100" Insert "24,995,900" Delete "14,518,500" Insert "13,796,300" Page 14, line 25: Delete "722,200" Senator Donley moved for the adoption of Amendment No. 23. Senator Pearce objected. 1994-04-22 Senate Journal Page 3913 HB 370 The question being: "Shall Amendment No. 23 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Second Reading Amendment No. 23 YEAS: 1 NAYS: 19 EXCUSED: 0 ABSENT: 0 Yeas: Donley Nays: Adams, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, Amendment No. 23 failed. Senators Frank, Pearce offered Amendment No. 24 : Page 8, after Sec. 32. New Section 33: "*Sec. 33. The amount available in the four dam pool transfer fund (AS 42.45.050) during fiscal year 1995 is appropriated to the following funds in the following percentages for the purposes set out in AS 42.45.050: Power cost equalization and rural 40 percent electric capitalization fund (AS 42.45.100) Southeast energy fund (AS 42.45.040) 40 percent Power project fund (AS 42.45.010) 20 percent Renumber remaining sections as required. Page 10, Sec. 42. Delete "and 27: Insert "27, and 33" Senator Frank moved for the adoption of Amendment No. 24. Senator Duncan objected. 1994-04-22 Senate Journal Page 3914 HB 370 The question being: "Shall Amendment No. 24 be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Second Reading Amendment No. 24 YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Halford and so, Amendment No. 24 was adopted. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) am S be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) am S was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Third Reading - Final Passage YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Lincoln, Little, Salo, Zharoff 1994-04-22 Senate Journal Page 3915 HB 370 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) am S passed the Senate. Senator Taylor moved the budget reserve fund section. The question being: "Shall the budget reserve fund section be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Budget Reserve Fund YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little, Miller, Pearce, Rieger, Salo, Sharp, Taylor Nays: Donley, Ellis, Lincoln, Phillips, Zharoff and so, the budget reserve fund section was adopted. Senator Taylor moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Effective Date Vote YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Donley changed from "Nay" to "Yea" and so, the effective date clause was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) am S was referred to the Secretary for engrossment. 1994-04-22 Senate Journal Page 3916 SB 365 SENATE BILL NO. 365 "An Act relating to the improvement of state finances and fiscal accountability by increasing fees, by collecting additional revenue, by reducing certain program expenditures by changing services or eligibility requirements for programs, by changing certain statutory limitation periods, by providing for use of certain electronic records, by making changes to state agency functions or procedures including certain reporting and planning procedures, and by authorizing extensions for state leases for real property if certain savings can be achieved; and providing for an effective date" which had been placed at the bottom of today's calendar (page 3874) was before the Senate in second reading. Senator Pearce offered Amendment No. 3 : Page 1, line 1 through page 17, line 19: Delete all material and insert the following: "An Act amending, and repealing laws providing for state agency functions and services related to transportation and capital improvement planning, workers' compensation, motor vehicles and motor vehicle insurance, medical care for prisoners, state building leases, and review and approval of water and sewer systems, for the purpose of reducing state government expenditures; and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. AS19.10.140 is amended to read: Sec. 19.10.140. LONG-RANGE PROGRAM FOR HIGHWAY CONSTRUCTION [AND MAINTENANCE]. The [GOVERNOR SHALL REQUIRE THE] department shall [TO] establish a continuing, long-range program for highway construction [AND MAINTENANCE]. The program must annually project proposed construction [AND MAINTENANCE] of highways in a priority format for not less than the next succeeding five years. A statement of the program shall be submitted by the governor to the legislature annually [, AND THE LONG-RANGE PROGRAM SHALL INCLUDE IN DETAIL THE PROGRAM PREPARED UNDER AS19.10.150]. 1994-04-22 Senate Journal Page 3917 SB 365 * Sec. 2. AS19.10.150 is amended to read: Sec. 19.10.150. CONSTRUCTION PROGRAM. Before February2 of each year, the department shall prepare a statement showing what construction work has been requested and proposed and may be undertaken by the department during the following construction season. The statement must set out [FORTH A GENERAL ITEMIZATION OF] the estimated cost for each project and the total estimates of all projects. [THE DEPARTMENT SHALL ADOPT A CONSTRUCTION PROGRAM WHICH MUST INCLUDE THE PROJECTS TO BE UNDERTAKEN BY IT DURING THE FOLLOWING CONSTRUCTION SEASON AND MUST ESTABLISH PROJECT PRIORITIES.] The department may increase, decrease, amend, or revise the construction program from time to time as circumstances warrant. * Sec. 3. AS19.10.160 is amended to read: Sec. 19.10.160. STANDARD DRAWINGS [PLANS] AND SPECIFICATIONS. The department may [SHALL] prepare and adopt uniform standard drawings [PLANS] and specifications for the establishment and [,] construction [, AND MAINTENANCE] of highways in the state. The department may amend the drawings [PLANS] and specifications as it considers advisable. [THE STANDARDS MUST CONFORM AS CLOSELY AS PRACTICABLE TO THOSE ADOPTED BY THE AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS.] * Sec. 4. AS 23.30.041(e) is amended to read: (e) An employee shall be eligible for benefits under this section upon the employee's written request and by having a physician predict that the employee will have permanent physical capacities that are less than the physical demands of the employee's job as described in the United States Department of Labor's "Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles" for (1) the employee's job at the time of injury; or 1994-04-22 Senate Journal Page 3918 SB 365 (2) other jobs that exist in the labor market that the employee has held or received training for within 10 years before the injury or that the employee has held following the injury for a period long enough to obtain the skills to compete in the labor market, according to specific vocational preparation codes as described in the United States Department of Labor's "Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles." * Sec. 5. AS 23.30.095(k) is amended to read: (k) In the event of a medical dispute regarding determinations of causation, medical stability, ability to enter a reemployment plan, degree of impairment, functional capacity, the amount and efficacy of the continuance of or necessity of treatment, or compensability between the employee's attending physician and the employer's independent medical evaluation, a second independent medical evaluation shall be conducted by a physician or physicians selected by the board or its designee from a list established and maintained by the board and its designee. The cost of the examination and medical report shall be paid by the employer. The report of the independent medical examiner shall be furnished to the board and to the parties within 14 days after the examination is concluded. A person may not seek damages from an independent medical examiner caused by the rendering of an opinion or providing testimony under this subsection, except in the event of fraud or gross incompetence. * Sec. 6. AS 23.30.190(b) is amended to read: (b) All determinations of the existence and degree of permanent impairment shall be made strictly and solely under the whole person determination as set out in the current edition of the American Medical Association Guides to the Evaluation of Permanent Impairment at the time of the impairment rating, except that an impairment rating may not be rounded to the next five percent. The board shall adopt a supplementary recognized schedule for injuries that cannot be rated by use of the American Medical Association Guides. 1994-04-22 Senate Journal Page 3919 SB 365 * Sec. 7. AS28.05.061(c) is amended to read: (c) The commissioner and officers and employees of the department designated by the commissioner shall, upon request, prepare under the seal of the department and deliver, unless otherwise prohibited by law, a certified copy of any record of the department maintained under this title or regulations adopted under this title, charging a fee for each certified copy. A certified copy, or an electronic record certified by the department, is admissible in a proceeding in a court in the same manner as the original document. * Sec. 8. AS28.05.121 is amended to read: Sec. 28.05.121. GIVING OF NOTICE. When the department is authorized or required to give notice under this title or regulations adopted under this title, unless a different method of giving notice is otherwise expressly provided, notice shall be given by a qualified person, either by personal delivery to the person to be notified or by first class [REGISTERED OR CERTIFIED] mail, [RETURN RECEIPT REQUESTED,] addressed to the person at the address of the person as shown in the electronic records of the department. The giving of notice by mail is considered complete upon placing the notice in a United States Post Office receptacle, with appropriate postage [THE RETURN OF THE RECEIPT OR UPON RETURN OF THE NOTICE ASUNDELIVERABLE, REFUSED, OR UNCLAIMED]. Proof of the giving of notice in either manner may be made by the affidavit of the person giving the notice by personal delivery or by mail, naming the person to whom the notice was given and specifying the time, place, and manner of giving the notice. * Sec. 9. AS28.05.141(b) is amended to read: (b) A hearing ordered under (a) of this section shall be held telephonically at a time and date set by [AT THE OFFICE OF] the department, except that if the department determines that an in-person hearing is necessary to determine factual issues, the department may order that the hearing be conducted in person at a place, time, and date set by the department [NEAREST TO THE 1994-04-22 Senate Journal Page 3920 SB 365 RESIDENCE OF THE PERSON REQUESTING THE HEARING UNLESS THE DEPARTMENT AND THE PERSON AGREE THAT THE HEARING IS TO BE HELD ELSEWHERE]. The department may [SHALL] grant a hearing delay only if the person shows, to the satisfaction of the department, [PRESENTS] good cause for the delay that is beyond the control of the person. If a person fails to appear for the hearing at the time and place stated by the department and if a hearing delay has not been granted, the person's failure to appear is considered a waiver of the hearing and the department may take appropriate action with respect to the person. * Sec. 10. AS28.10.031(b) is amended to read: (b) A licensed vehicle dealer may issue to the purchaser of a vehicle sold by the dealer a temporary permit to drive the vehicle. A permit is effective for a period not to exceed 60 [30] days. The commissioner shall adopt regulations governing the issuance of permits under this section. * Sec. 11. AS28.10.108(c) is amended to read: (c) A vehicle subject to registration [AND NOT DESCRIBED IN (b) OF THIS SECTION] shall have its initial registration, and may have its annual registration, renewed in the month of initial registration in the state, subject to the provisions of (f) of this section. * Sec. 12. AS28.15.166(e) is amended to read: (e) The [NOTWITHSTANDING AS28.05.141(b), THE] hearing under this section shall be held telephonically at a time and date set by [AT THE OFFICE OF] the department, except that if the department determines that an in-person hearing is necessary to determine factual issues, the department may order that the hearing be conducted in person at a place, time, and date set by the department [NEAREST TO THE RESIDENCE OF THE PERSON REQUESTING THE HEARING UNLESS (1) A DISTRICT COURT JUDGE OR A MAGISTRATE HASBEEN DESIGNATED ASA HEARING OFFICER IN THE MATTER BY THE COMMISSIONER; OR 1994-04-22 Senate Journal Page 3921 SB 365 (2) THE DEPARTMENT AND THE PERSON AGREE THAT THE HEARING IS TO BE HELD ELSEWHERE]. * Sec. 13. AS28.15.166(f) is amended to read: (f) A review under this section shall be held before a hearing officer designated by the commissioner. [UPON THE CONSENT OF THE ADMINISTRATIVE DIRECTOR OF THE STATE COURT SYSTEM, THE COMMISSIONER MAY DESIGNATE A DISTRICT COURT JUDGE OR A MAGISTRATE TO SERVE ASTHE HEARING OFFICER.] The hearing officer shall have authority to (1) administer oaths and affirmations; (2) examine witnesses and take testimony; (3) receive relevant evidence; (4) issue subpoenas, take depositions, or cause depositions or interrogatories to be taken; (5) regulate the course and conduct of the hearing; (6) make a final ruling on the issue. * Sec. 14. AS28.20.050(a) is amended to read: (a) The provisions of this chapter requiring deposit of security and suspension for failure to deposit security apply to the driver and owner of a vehicle subject to registration under the laws of this state that is involved in any manner in an accident in this state resulting in bodily injury to or death of a person or damage to the property of any one person exceeding $1,000 [$500]. * Sec. 15. AS28.20.050(e) is amended to read: (e) A peace officer investigating an accident that results in bodily injury to or the death of a person or damage to the property of a person exceeding $1,000 [$500] shall inform persons involved in the accident in writing of the requirements of this chapter as they apply to suspension of an operator's license or driving privileges. * Sec. 16. AS28.20.100(c) is amended to read: 1994-04-22 Senate Journal Page 3922 SB 365 (c) If the department evaluates the injuries or damage to a minor in an amount not more than $1,000 [$500], the department may accept, for the purposes of this chapter only, evidence of a release from liability executed by a natural or legal guardian on behalf of the minor without court approval. * Sec. 17. AS28.20.230(a) is amended to read: (a) The provisions of this chapter requiring the deposit of proof of financial responsibility for the future apply to persons who are convicted of or forfeit bail for certain offenses under motor vehicle laws or who, by ownership or operation of a vehicle of a type subject to registration under AS28.10, are involved in an accident in this state that results in bodily injury or death of a person or damage to the property of any one person exceeding $1,000 [$500]. * Sec. 18. AS28.20.260(a) is amended to read: (a) Upon receipt by the department of the report of an accident resulting in bodily injury or death, or property damage to any one person exceeding $1,000 [$500], the department shall suspend the license of the driver of a motor vehicle involved in the accident unless the driver or owner (1) has previously furnished or immediately furnishes security required by this chapter, or is excepted from furnishing security under AS28.20.060; [,] and (2) maintains proof of financial responsibility for three years following the accident. * Sec. 19. AS28.22.021 is amended to read: Sec. 28.22.021. REQUIREMENT OF PROOF OF MOTOR VEHICLE LIABILITY INSURANCE. The owner or operator of a motor vehicle required to have motor vehicle liability insurance that complies with this chapter or a certificate of self-insurance that complies with AS28.20.400, shall show proof of this insurance when that person is involved in an accident that results in bodily injury to or death of a person, or damage to the property of a person exceeding $1,000 [$500]. 1994-04-22 Senate Journal Page 3923 SB 365 * Sec. 20. AS28.22.041(a) is amended to read: (a) If [EXCEPT ASPROVIDED IN (h) OF THIS SECTION, IF] a person fails to provide proof required under AS28.22.021 and 28.22.031, the department shall suspend the driver's license of that person for the following periods: (1) not less than 90 days if, within the preceding 10 years, the person has not had a driver's license suspended for violation of AS28.22.011 or former AS28.22.200; (2) not less than one year if, within the preceding 10 years, the person has had a driver's license suspended one or more times for violation of AS28.22.011 or former AS28.22.200. * Sec. 21. AS28.35.080(a) is amended to read: (a) The driver of a vehicle involved in an accident resulting in bodily injury to or death of a person or total property damage to an apparent extent of $1,000 [$500] or more shall immediately by the quickest means of communication give notice of the accident to the local police department if the accident occurs within a municipality, otherwise to the Department of Public Safety. * Sec. 22. AS28.35.080(b) is amended to read: (b) The driver of a vehicle involved in an accident resulting in bodily injury to or death of a person or total property damage to an apparent extent of $1,000 [$500] or more shall, within 10 days after the accident, forward a written report of the accident to the Department of Public Safety and to the local police department if the accident occurs within a municipality. A report is not required under this subsection if the accident is investigated by a peace officer. * Sec. 23. AS33.30.011 is amended to read: Sec. 33.30.011. DUTIES OF COMMISSIONER. The commissioner shall (1) establish, maintain, operate, and control correctional facilities suitable for the custody, care, and discipline of persons charged or convicted of offenses against the state or held under authority of state law; (2) classify prisoners; 1994-04-22 Senate Journal Page 3924 SB 365 (3) for persons committed to the custody of the commissioner, establish programs, including furlough programs that are reasonably calculated to (A) protect the public; (B) maintain health; (C) create or improve occupational skills; (D) enhance educational qualifications; (E) support court-ordered restitution; and (F) otherwise provide for the rehabilitation and reformation of prisoners, facilitating their reintegration into society; (4) provide necessary medical services for prisoners in state correctional facilities or to fulfill duties under AS33.30.071 [WHO ARE COMMITTED BY A COURT TO THE CUSTODY OF THE COMMISSIONER], including examinations for communicable and infectious diseases, if a physician or other health care provider, exercising ordinary skill and care at the time of observation, concludes that (A) a prisoner exhibits symptoms of a serious disease or injury that is curable or may be substantially alleviated; and (B) the potential for harm to the prisoner by reason of delay or denial of care is substantial; (5) provide necessary psychological or psychiatric treatment if a physician or other health care provider, exercising ordinary skill and care at the time of observation, concludes that (A) a prisoner exhibits symptoms of a serious disease or injury that is curable or may be substantially alleviated; and (B) the potential for harm to the prisoner by reason of delay or denial of care is substantial; and 1994-04-22 Senate Journal Page 3925 SB 365 (6) establish minimum standards for sex offender treatment programs offered to persons who are committed to the custody of the commissioner. * Sec. 24. AS36.30 is amended by adding a new section to read: Sec. 36.30.085. LEASE EXTENSIONS AUTHORIZED. (a) Notwithstanding AS36.30.080, the department may extend for up to a maximum of 10 years a real property lease that is entered into under this chapter or was entered into under former AS37.05.220 - 37.05.280 and that is in existence as of June30, 1994 if a minimum cost savings of (1) 10 percent can be achieved on the rent due under the lease; or (2) five percent can be achieved on the rent due under the lease and the lessor agrees to make modifications to the leased real property to bring the real property into compliance with the requirements of 42 U.S.C. 12101 - 12213 (Americans with Disabilities Act of 1990). (b) The cost savings under (a) of this section shall be calculated on the remaining term of the lease and any renewals, including extensions allowed under (a) of this section. (c) In accordance with AS36.30.005, the Board of Regents may extend leases for the University of Alaska to the same extent as the department under this section. (d) In accordance with AS36.30.030, the court system may extend leases for the court system to the same extent as the department under this section. * Sec. 25. AS36.30.320(a) is amended to read: (a) A procurement for (1) supplies, services, or construction that does not exceed an aggregate dollar amount of $25,000, or (2) lease of space that does not exceed 2,500 square feet with a monthly lease amount that does not exceed $5,000, may be made in accordance with regulations adopted by the commissioner for small procurements. 1994-04-22 Senate Journal Page 3926 SB 365 * Sec. 26. AS37.07.040 is amended to read: Sec. 37.07.040. OFFICE OF MANAGEMENT AND BUDGET. The Alaska office of management and budget shall (1) assist the governor in the preparation and explanation of the proposed comprehensive program and financial plan, including the coordination and analysis of state agency goals and objectives, plans, and budget requests; (2) prepare for submission to the governor an annually updated [SIX-YEAR] capital improvements program in fiscal year format covering the current fiscal year plus three succeeding fiscal years and the proposed capital improvements budget for the coming fiscal year, the latter to include individual project justification with documentation of estimated project cost; (3) develop procedures to produce the information needed for effective policy decision making, including procedures to provide for the dissemination of information about plans, programs, and budget requests to be included in the annual budget and opportunity for public review and comment during the period of budget preparation; (4) assist state agencies in their statement of goals and objectives, preparation of plans, budget requests, and reporting of program performance; all documents forwarded by the office to a state agency containing instructions for the preparation of program plans and budget requests and the reporting of program performance are public information after the date they are forwarded; (5) administer its responsibilities under the program execution provisions of this chapter so that the policy decisions and budget determinations of the governor and the legislature are implemented; (6) provide the legislative finance division with the budget information it may request; 1994-04-22 Senate Journal Page 3927 SB 365 (7) provide the legislative finance division with an advance copy of the governor's budget workbooks by the first Monday in January of each year, except that following a gubernatorial election year the advance copy shall be provided by the second Monday in January; (8) prepare the proposed capital improvements budget for the coming fiscal year evaluating both state and local requests from the standpoint of need, equity, and priorities of the jurisdiction; other factors such as project amounts, population, local financial match, federal funds being used for local match, municipality or unincorporated community acceptance of the facility, and all associated costs of the facility may be considered. * Sec. 27. AS37.07.060 is amended by adding a new subsection to read: (c) The reporting requirements of (b)(3) of this section are modified with respect to the Department of Transportation and Public Facilities. The governor's report must contain, for that department, the governor's construction program for the succeeding construction season, budget recommendations for the succeeding fiscal year, and capital improvements construction program for the succeeding six fiscal years, which must include (1) a general description of each project and the source of financing for the project; and (2) the information required by (b)(3)(B) - (H) of this section. * Sec. 28. AS44.42.050(a) is amended to read: (a) The commissioner shall develop annually a comprehensive, intermodal, long-range transportation priority list and plan for the state consistent with applicable federal laws. [IN DEVELOPING AND REVISING THE STATE PLAN, THE COMMISSIONER SHALL CONSIDER MEANS AND COSTS OF IMPROVING EXISTING MODES AND FACILITIES, STATE AND FEDERAL SUBSIDIES, AND THE COSTS AND BENEFITS OF NEW TRANSPORTATION MODES AND FACILITIES. THE COMMISSIONER SHALL ALSO CONSIDER THE RECOMMENDATION OF THE ALASKA TRANSPORTATION PLANNING COUNCIL.] The plan 1994-04-22 Senate Journal Page 3928 SB 365 shall be submitted to the governor for review and approval and submitted by the governor to the legislature. * Sec. 29. AS44.42.050(b) is amended to read: (b) In developing and revising the plan, the commissioner shall seek public review and evaluation consistent with applicable federal statutes and regulations and by any reasonable means and may (1) consult and cooperate with officials and representatives of the federal government, other governments, interstate commissions and authorities, local agencies and authorities, interested corporations and other organizations concerning problems affecting transportation in the state; and (2) request from an agency or other unit of the state government or of a political subdivision of it, or from a public authority, the assistance and data that may be necessary to enable the commissioner to carry out responsibilities under this section; every such entity shall provide the assistance and data requested. * Sec. 30. AS46.03 is amended by adding a new section to read: Sec. 46.03.026. ON-SITE WATER AND SEWER SYSTEM CERTIFICATION AND AUDIT PROGRAM. (a) Notwithstanding any provision of this chapter to the contrary, for bank loans for homes in this state, the department may establish, by regulation, a program to delegate the review and certification of on-site drinking water and sewer systems. Under standards adopted by the department by regulation, the department may delegate the review and certification to engineers who are registered under AS08.48. (b) If the department establishes a program under (a) of this section, the department shall establish an audit system for the department to monitor and review a statistically significant number of systems certified under that program. An audit must determine compliance with departmental standards for design, installation, and operation in effect at the time of the certification. 1994-04-22 Senate Journal Page 3929 SB 365 (c) If the department establishes a program under (a) of this section, the department shall, by regulation, establish fees for services sufficient to make the program self-supporting. * Sec. 31. AS46.03.720 is amended by adding a new subsection to read: (d) Notwithstanding (a) of this section, department review and approval of plans is not required for the functions specified in (a) of this section if (1) the sewerage system or treatment works, or a part of either, is located in a community or major military facility that has the power or legal authority to review and approve sewerage system or treatment works plans; (2) the community or major military facility has established ordinances or other law to regulate domestic sewerage that the department has determined are substantially equivalent to department standards in effect at the time of the determination; (3) the community or major military facility has employed an engineer registered under AS08.48 who will review and approve domestic sewerage plans under those ordinances or other law; (4) the community or major military facility commits adequate funding or other resources to administer plan review and approvals under this subsection; and (5) the department and the community or major military facility have entered into an agreement under this subsection for delegation of the review and approval of plans under the standards described in this subsection. * Sec. 32. AS28.10.108(b) and AS28.22.041(h) are repealed. * Sec. 33. TRANSITION. Notwithstanding sec. 35 of this Act, an agency of the state that has regulation adoption authority or that is authorized by this Act to adopt regulations, may proceed to adopt regulations necessary to implement that agency's respective provisions in this Act. The regulations take effect under AS44.62 (Administrative Procedure Act), but not before July1, 1994. * Sec. 34. Section 33 of this Act takes effect immediately under AS01.10.070(c). 1994-04-22 Senate Journal Page 3930 SB 365 * Sec. 35. Except as provided in sec. 34 of this Act, this Act takes effect July1, 1994. Senator Pearce moved and asked unanimous consent for the adoption of Amendment No. 3. Without objection, Amendment No. 3 was adopted. Senator Donley offered Amendment No. 2 A: Page 1, line 3: Delete "workers' compensation," Page 2, line 28 through page 3, line 31: Delete all material. Renumber the following bill sections accordingly. Page 15, line 13: Delete "sec. 37" Insert "sec. 34" Page 15, line 18: Delete "Section 35" Insert "Section 32" Page 15, line 19: Delete "sec. 36" Insert "sec. 33" Senator Donley moved for the adoption of Amendment No. 2A. Objections were heard. The question being: "Shall Amendment No. 2A be adopted?" The roll was taken with the following result: SB 365 am Second Reading Amendment No. 2(a) YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 1994-04-22 Senate Journal Page 3931 SB 365 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Rieger, Salo, Taylor, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Sharp Salo changed from "Nay" to "Yea" and so, Amendment No. 2A was adopted. Senator Taylor moved and asked unanimous consent that the Senate rescind its previous action in adopting Amendment No. 2A. Without objection, it was so ordered. The question being: "Shall the Senate rescind its previous action in adopting Amendment No. 2A?" The roll was taken with the following result: SB 365 am Rescind Previous Action YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the Senate rescinded its previous action. Senator Donley moved for the adoption of Amendment No. 2A. The question being: "Shall Amendment No. 2A be adopted?" The roll was taken with the following result: SB 365 am Second Reading Amendment No. 2(a) YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 1994-04-22 Senate Journal Page 3932 SB 365 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. 2A failed. Senator Rieger offered Amendment No. 4 : Page 1, line 1, after "Act" Insert "enacting," Page 1, line 3, after "insurance," Insert "police protection service areas established subject to voter approval in unified municipalities for services provided by the Department of Public Safety," Page 8, after line 11: Insert the following new bill sections to read: "* Sec. 23. AS 29.10.200 is amended by adding a new paragraph to read: (53) AS 29.35.495 (police protection service areas) * Sec. 24. AS 29.35 is amended by adding a new section to article 7 to read: Sec. 29.35.495. POLICE PROTECTION SERVICE AREAS. (a) The residents of an area in a unified municipality may file a petition with the municipal clerk for formation of a police protection service area for services to be provided by the Department of Public Safety if the area is (1) contiguous; and (2) includes at least 50 residents or three percent of the municipal population, whichever is greater. (b) The petition form shall be supplied by the clerk at the request of a voter. The petition must describe the boundaries of the proposed service area and the additional police protection services to be provided by the Department of Public Safety in the 1994-04-22 Senate Journal Page 3933 SB 365 area. It shall be signed by a number of voters residing in the proposed service area equal to at least 10 percent of the number of residents in the area who voted in the last regular election. (c) Upon receipt of a petition that meets the requirements of (a) of this section, the municipal clerk shall submit the petition to the commissioner of public safety. Within 30 days after receipt of the petition the commissioner shall notify the clerk of what the estimated total cost of providing the services in the proposed service area each month will be for a three-year period. The estimate shall be based on the direct costs of troopers to be assigned to the area. If a trooper is expected to routinely cover an area larger than the proposed service area, the cost of that trooper shall be prorated proportionally to the amount of duty time spent within the service area. In addition to the direct costs of troopers, the estimate shall include an amount to cover administrative costs incurred by the department not to exceed 15 percent of the direct costs. The sum of the direct costs and administrative costs equals the estimated total cost for purposes of this section. (d) Upon receipt by the clerk of the estimated total cost prepared by the commissioner of public safety under (c) of this section, during the next regular or special election held in the unified municipality the question of forming the proposed police protection service area and of levying assessments to cover that estimated total cost, plus costs of collection incurred by the municipality not to exceed four percent of the estimated total cost, shall be placed before the voters residing in the proposed service area. If the question is approved by a majority of those voting on the question, the service area is formed and the commissioner of public safety shall provide the additional services in that area. (e) The governing body shall levy assessments in the service area to finance the additional police protection services in an amount equal to the estimated total cost provided by the commissioner of public safety plus the amount for administrative or other costs incurred by the unified municipality approved by the voters. Payments shall be made to the commissioner within 60 days of receipt of assessments by the municipality. The municipality may retain from assessments the amount levied for administrative of other costs incurred by the municipality. 1994-04-22 Senate Journal Page 3934 SB 365 (f) At least once every three years an election shall be held by the unified municipality in a police protection service area formed under this section on the question of continuation of the service area. The commissioner of public safety shall submit a revised notice of the estimated total cost of providing the services during the next three years prepared in accordance with (c) of this section for inclusion with the question, and the municipality shall indicate the amount for costs of collection incurred by the municipality not to exceed four percent of the revised estimated total cost. If the question is not approved by a majority of the residents voting on the question, the service area is dissolved 120 days after certification of the election. If the question is approved, the rate of assessments shall be adjusted accordingly by the municipality. (g) This section applies to unified municipalities, but not to other home rule or general law municipalities." Senator Rieger moved for the adoption of Amendment No. 4. Senator Ellis objected. The question being: "Shall Amendment No. 4 be adopted? " The roll was taken with the following result: SB 365 am Second Reading Amendment No. 4 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Frank, Jacko, Kerttula, Leman, Miller, Pearce, Rieger, Taylor Nays: Donley, Duncan, Ellis, Halford, Kelly, Lincoln, Little, Phillips, Salo, Sharp, Zharoff and so, Amendment No. 4 failed. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 365 am be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. 1994-04-22 Senate Journal Page 3935 SB 365 SENATE BILL NO. 365 am was read the third time. The question being: "Shall SENATE BILL NO. 365 am "An Act amending and repealing laws providing for state agency functions and services related to transportation and capital improvement planning, workers' compensation, motor vehicles and motor vehicle insurance, medical care for prisoners, state building leases, and review and approval of water and sewer systems, for the purpose of reducing state government expenditures; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SB 365 am Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Donley, Ellis, Little and so, CS FOR SENATE BILL NO. 365(FIN) am passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Taylor gave notice of reconsideration. Senator Taylor moved and asked unanimous consent that the reconsideration on SENATE BILL NO. 365 am be taken up at this time. Without objection, it was so ordered. SENATE BILLS IN THIRD READING SB 365 SENATE BILL NO. 365 am was before the Senate in third reading on reconsideration. 1994-04-22 Senate Journal Page 3936 SB 365 The question to be reconsidered: "Shall SENATE BILL NO. 365 am "An Act amending, and repealing laws providing for state agency functions and services related to transportation and capital improvement planning, workers' compensation, motor vehicles and motor vehicle insurance, medical care for prisoners, state building leases, and review and approval of water and sewer systems, for the purpose of reducing state government expenditures; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SB 365 am Third Reading - On Reconsideration Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Donley, Ellis, Little and so, SENATE BILL NO. 365 am passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. SENATE BILL NO. 365 am was referred to the Secretary for engrossment. UNFINISHED BUSINESS SB 377 Senator Taylor moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 377(FIN) am "An Act relating to state agency fiscal procedures, including procedures related to the assessment and collection of certain taxes; and providing for an effective date" be taken up at this time. Senator Kelly objected. 1994-04-22 Senate Journal Page 3937 SB 377 The question being: "Shall the reconsideration on CS FOR SENATE BILL NO. 377(FIN) am be taken up at this time.?" The roll was taken with the following result: CSSB 377(FIN) am Take up Reconsideration YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kerttula, Leman, Lincoln, Little, Miller, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Kelly, Pearce and so, the motion passed. SENATE BILLS IN THIRD READING SB 377 CS FOR SENATE BILL NO. 377(FIN) am was before the Senate in third reading on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 377(FIN) am "An Act relating to state agency fiscal procedures, including procedures related to the assessment and collection of certain taxes; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 377(FIN) am Third Reading - On Reconsideration Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Kerttula, Leman, Lincoln, Little, Miller, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Jacko, Kelly, Pearce, Salo 1994-04-22 Senate Journal Page 3938 SB 377 and so, CS FOR SENATE BILL NO. 377(FIN) am passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. CS FOR SENATE BILL NO. 377(FIN) am was referred to the Secretary for engrossment. CITATIONS Honoring - Jack and Steve Foster, Foster Construction by Representative(s) G. Davis, Phillips Senator(s) Little, Zharoff, Pearce, Leman Honoring - Commander Dennis D. "Buzz" Rome by Representative(s) Hudson, Ulmer Senator(s) Duncan, Zharoff, Pearce, Lincoln Honoring - Major General David A. Bramlett by Representative(s) Mulder Senator(s) Phillips, Leman, Zharoff, Pearce, Halford, Kelly, Sharp, Frank Honoring - George Ritz by Representative(s) Willis, Carney Senator(s) Phillips, Halford, Zharoff, Pearce, Rieger Recognizing and Honoring Crime Victims Rights Week and Victims for Justice by Representative(s) Porter, Phillips Senator(s) Donley, Leman, Zharoff, Ellis, Pearce, Halford, Kelly, Taylor Honoring - D. John Witteveen by Representative(s) Davidson Senator(s) Zharoff, Pearce 1994-04-22 Senate Journal Page 3939 In Memoriam - Fennish Gardner by Representative(s) B. Davis Senator(s) Kelly, Kerttula, Zharoff, 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 SB 290 Senator Leman, Chair, moved and asked unanimous consent that the State Affairs Committee referral be waived on SENATE BILL NO. 290 "An Act making appropriations to satisfy the monetary terms of certain collective bargaining agreements for certain public safety employees under an arbitrator's decision; and providing for an effective date." Without objection, it was so ordered. SENATE BILL NO. 290 was referred to the Labor and Commerce, Judiciary and Finance Committees. SB 368 The reconsideration on SENATE BILL NO. 368 "An Act relating to the human services community matching grant program; and providing for an effective date" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. HCR 29 The reconsideration on HOUSE CONCURRENT RESOLUTION NO. 29 am Relating to the military operations areas environmental impact statement of the United States Air Force, was not taken up this legislative day and the resolution was signed by the President and Secretary and returned to the House. HJR 63 The reconsideration on HOUSE JOINT RESOLUTION NO. 63 Relating to the membership of the Republic of China on Taiwan in the United Nations, was not taken up this legislative day and the resolution was signed by the President and Secretary and returned to the House. 1994-04-22 Senate Journal Page 3940 HB 132 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 132(RES) "An Act extending the time period of permits issued by the Department of Environmental Conservation, the Department of Fish and Game, and the Department of Natural Resources relating to the extraction or removal of resources if the permittee, or an agency issuing a permit to the permittee, is involved in administrative or judicial proceedings concerning the issuance or validity of a permit related to the extraction or removal of resources, and the permittee is unwilling to engage in the resource extraction or removal activity due to the proceedings" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 357 CS FOR SENATE BILL NO. 357(FIN) "An Act relating to certain study, publication, and reporting requirements by and to state agencies; relating to certain fees for reports; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 365 SENATE BILL NO. 365 am "An Act amending, and repealing laws providing for state agency functions and services related to transportation and capital improvement planning, workers' compensation, motor vehicles and motor vehicle insurance, medical care for prisoners, state building leases, and review and approval of water and sewer systems, for the purpose of reducing state government expenditures; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1994-04-22 Senate Journal Page 3941 SB 368 SENATE BILL NO. 368 "An Act relating to the human services community matching grant program; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 376 CS FOR SENATE BILL NO. 376(FIN) am "An Act relating to fees charged by state agencies for certain services and to reimbursement for expenses incurred by the state in providing certain services; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 377 CS FOR SENATE BILL NO. 377(FIN) am "An Act relating to state agency fiscal procedures, including procedures related to the assessment and collection of certain taxes; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 132 SENATE CS FOR CS FOR HOUSE BILL NO. 132(RES) "An Act extending the time period of permits issued by the Department of Environmental Conservation, the Department of Fish and Game, and the Department of Natural Resources relating to the extraction or removal of resources if the permittee, or an agency issuing a permit to the permittee, is involved in administrative or judicial proceedings concerning the issuance or validity of a permit related to the extraction or removal of resources, and the permittee is unwilling to engage in the resource extraction or removal activity due to the proceedings" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 370 SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. 1994-04-22 Senate Journal Page 3942 ENROLLMENT SCR 13 SENATE CONCURRENT RESOLUTION NO. 13 Relating to the Gold Rush Centennial Decade, 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 8:25 a.m., April 22, 1994. SCR 16 SENATE CONCURRENT RESOLUTION NO. 16 am H Relating to release of nonproprietary geographic information system files in possession of the 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 12:00 p.m., April 22, 1994. SB 141 HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) "An Act relating to workers' compensation coverage for certain high school students in uncompensated work-study programs" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 12:00 p.m., April 22, 1994. SB 178 HOUSE CS FOR CS FOR SENATE BILL NO. 178(FIN)(efd fld H)(crt rule fld H) "An Act relating to civil nuisance actions" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:30 a.m., April 22, 1994. SB 266 CS FOR SENATE BILL NO. 266(L&C) "An Act extending the termination date of the Board of Certified Direct-Entry Midwives" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 12:00 p.m., April 22, 1994. 1994-04-22 Senate Journal Page 3943 ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 25, 1994. Without objection, the Senate adjourned at 7:31 p.m. Nancy Quinto Secretary of the Senate April 1994 1994-04-22 Senate Journal Page 3944 ANNOUNCEMENTS NOTICE - AMERICANS WITH DISABILITIES ACT Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 APR 26 TUESDAY 9:00 AM HB 543 UNVENTED GAS HEATERS IN RESIDENTIAL BLDGS <REMOVED FROM AGENDA> HB 259 GENERAL GRANT LAND ENTITLEMENT SB 375 GENERAL GRANT LAND ENTITLEMENTS APR 28 THURSDAY 9:00 AM HB 543 UNVENTED GAS HEATERS IN RESIDENTIAL BLDGS <REMOVED FROM AGENDA> HB 259 GENERAL GRANT LAND ENTITLEMENT SB 375 GENERAL GRANT LAND ENTITLEMENTS HB 467 AHFC HOUSING LOANS HB 427 COMPENSATION; LOCAL BOUNDARY COMMISSION ---------------------------------------- FINANCE SENATE FINANCE 518 APR 22 FRIDAY 9:00 AM ** NO MEETING SCHEDULED ** SB 378 NO PFD:PERSONS JAILED FOR FELONY OR MISD. <PENDING REFERRAL> <BILL POSTPONED> BILLS PREVIOUSLY HEARD APR 23 SATURDAY 10:00 AM NO MEETING SCHEDULED 1994-04-22 Senate Journal Page 3945 FINANCE CONTINUED APR 25 MONDAY 9:00 AM SB 56 ADMINISTRATION OF BUDGET RESERVE FUND SB 166 DRIVER'S LICENSE REVOCATION SB 256 INCREASE AVIATION FUEL TAX SB 268 COMMUNITY CARE FACILITIES SB 320 OCCUPATIONAL LICENSING SB 339 MANAGEMENT OF STATE LAND AND RESOURCES SB 341 EXTEND TOURISM MARKETING COUNCIL SB 358 ELIMINATE SOME STATE MULTIMEMBER BODIES SB 370 ALLOW GAMBLING ON CRUISE SHIPS SJR 52 BUDGET RESERVE FUND AMENDMENT BILLS PREVIOUSLY HEARD APR 26 TUESDAY 9:00 AM SB 161 INTEREST RATES: JUDGMENTS/TAXES/ROYALTIES SB 372 ALCOHOLIC BEVERAGES: LOCAL OPTION & MISC. <ABOVE BILLS PENDING REFERRAL> HB 421 GRANTS FOR HOUSING DURING DISASTER HJR 34 FED FISH RESEARCH & DEVELOPMENT GRANTS BILLS PREVIOUSLY HEARD APR 27 WEDNESDAY 9:00 AM HB 191 CONTRACTOR OPERATED STATE HATCHERIES HB 347 STATE LONG-TERM PLANNING HB 356 LIVING WILLS AND MEDICAL CARE ORDERS <PENDING REFERRAL> HB 373 PERMANENT FUND INVESTMENTS IN REAL ESTATE HB 392 PERMANENT FUND DIVIDEND PROGRAM HB 358 MOBILE HOME CERTIFICATES OF TITLE BILLS PREVIOUSLY HEARD APR 28 THURSDAY 9:00 AM HB 397 TAXING POWER OF SECOND CLASS CITIES HB 442 CRIMINAL JUSTICE INFORMATION BILLS PREVIOUSLY HEARD APR 29 FRIDAY 9:00 AM *** TO BE ANNOUNCED *** ---------------------------------------- 1994-04-22 Senate Journal Page 3946 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 22 FRIDAY 1:30 PM ***** CANCELLED - RESCHEDULED TO 04/25/94 ***** SB 346 REPORT CHARITABLE GAMING WINNERS SB 304 AHFC BONDS FOR UNIV. OF ALASKA USES HB 472 REFERRALS INVOLVING DENTAL SERVICES HB 478 AUTHORITY TO PRONOUNCE DEATH HB 507 LICENSING OF OPTOMETRISTS AND PHYSICIANS HJR 54 SUPPORT MEDICAL SAVINGS ACCT LEGIS BILLS PREVIOUSLY HEARD APR 25 MONDAY 1:30 PM CONFIRMATION HEARING: ..BOARD OF EDUCATION - JOHN HOTZFIELD HB 506 STUDENT LOAN PROGRAM BILLS RESCHEDULED FROM 04/22/94: SB 346 REPORT CHARITABLE GAMING WINNERS SB 304 AHFC BONDS FOR UNIV. OF ALASKA USES HB 472 REFERRALS INVOLVING DENTAL SERVICES HB 478 AUTHORITY TO PRONOUNCE DEATH HB 507 LICENSING OF OPTOMETRISTS AND PHYSICIANS HJR 54 SUPPORT MEDICAL SAVINGS ACCT LEGIS BILLS PREVIOUSLY HEARD APR 27 WEDNESDAY 1:30 PM HB 409 AFDC DEMO PROJECT AND DECREASE HJR 47 FUNDS TO UPGRADE MILITARY BASE SCHOOLS APR 29 FRIDAY 1:30 PM BILLS PREVIOUSLY HEARD ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 22 FRIDAY 1:30 PM ***** CANCELLED - RESCHEDULED TO 04/23/94 ***** BILLS PREVIOUSLY HEARD HB 299 DRIVER'S LIC REVOCATION;ALCOHOL/DRUGS HB 302 WORKERS COMP FOR RECREATIONAL ACTIVITIES <TELECONFERENCE ON ABOVE BILLS> HB 410 REAL ESTATE APPRAISERS BILLS RESCHEDULED FROM 04/20/94: HB 367 PROHIBITED HIGHWAY ADVERTISING HB 315 THEFT OF SUBSCRIPTION TV SERVICES HB 333 MINING LOCATIONS ON STATE SELECTED LAND 1994-04-22 Senate Journal Page 3947 JUDICIARY CONTINUED APR 23 SATURDAY 8:00 AM BILLS RESCHEDULED FROM 04/22/94: BILLS PREVIOUSLY HEARD HB 299 DRIVER'S LIC REVOCATION;ALCOHOL/DRUGS HB 302 WORKERS COMP FOR RECREATIONAL ACTIVITIES <TELECONFERENCE ON ABOVE BILLS> HB 410 REAL ESTATE APPRAISERS HB 367 PROHIBITED HIGHWAY ADVERTISING HB 315 THEFT OF SUBSCRIPTION TV SERVICES HB 333 MINING LOCATIONS ON STATE SELECTED LAND APR 25 MONDAY 4:00 PM ** TIME CHANGE ** BILLS PREVIOUSLY HEARD SB 237 WEAPONS POSSESSION/SALE BY/TO MINORS HB 362 CHILD SUPPORT:CRIMINAL/CIVIL REMEDIES APR 26 TUESDAY 4:00 PM ** TIME AND LOCATION CHANGES ** BILLS PREVIOUSLY HEARD HB 319 ALASKA POLICE STNDS TRAINING FUND APR 27 WEDNESDAY 4:00 PM ** TIME CHANGE ** BILLS PREVIOUSLY HEARD HB 420 LIMITED LIABILITY COMPANIES APR 28 THURSDAY 4:00 PM ** TIME AND LOCATION CHANGES ** BILLS PREVIOUSLY HEARD HB 277 INDEMNIFICATION OF PUBLIC EMPLOYEES <PENDING REFERRAL> APR 29 FRIDAY 4:00 PM ** TIME CHANGE ** BILLS PREVIOUSLY HEARD HJR 43 RIGHTS OF CRIME VICTIMS ---------------------------------------- LABOR & COMMERCE FAHRENKAMP ROOM 203 APR 26 TUESDAY 1:30 PM HB 277 INDEMNIFICATION OF PUBLIC EMPLOYEES HB 353 CONDOMINIUM ASSOCIATION MANAGEMENT HB 365 EXTEND BOARD OF BARBERS & HAIRDRESSERS HB 468 FOSTER CARE REVIEW PANEL HB 497 OFFICERS OF UTILITY COOPERATIVES HJR 64 PROJECTS OF ALASKA AEROSPACE DEV. CORP. ---------------------------------------- 1994-04-22 Senate Journal Page 3948 RESOURCES BUTROVICH ROOM 205 APR 22 FRIDAY 3:30 PM ****** CANCELLED ****** HJR 55 TONGASS NATIONAL FOREST TIMBER HARVESTS HJR 56 EXEMPT ALASKA FROM "PACFISH" REGS <TELECONFERENCE ON ABOVE BILLS> HB 218 REPEAL 58 FT. LIMIT FOR SEINE VESSELS HB 230 VESSEL FEES <ABOVE TWO BILLS RESCHEDULED FROM 04/22/94> HJR 59 WANTON WASTE OF FISH N.PACIFIC/BERING SEA APR 23 SATURDAY 8:00 AM ** RESCHEDULED FROM 04/21/94 ** CONFIRMATION HEARING: ..BOARD OF FISHERIES APPOINTMENTS ..KAY ANDREW, DICK BOWER, LARRY ENGEL APR 25 MONDAY 3:30 PM HB 446 ENVIRONMENTAL CONSERVATION AGREEMENTS HJR 61 COMMUNITY DEVELOPMENT FISHING QUOTAS <BILLS HELD OVER OR PREVIOUSLY HEARD> APR 27 WEDNESDAY 3:30 PM BILLS HELD OVER OR PREVIOUSLY HEARD APR 29 FRIDAY 3:30 PM BILLS HELD OVER OR PREVIOUSLY HEARD ---------------------------------------- RULES FAHRENKAMP ROOM 203 APR 25 MONDAY 10:00 AM ***** AGENDA TO BE ANNOUNCED ***** ---------------------------------------- STATE AFFAIRS BUTROVICH ROOM 205 APR 22 FRIDAY 9:00 AM NO MEETING SCHEDULED APR 25 MONDAY 9:00 AM HB 351 PERMIT TO CARRY CONCEALED WEAPONS HB 153 GOOD TIME: PT. MACKENZIE REHAB PROJECT HB 47 ABSENTEE BALLOTS - PRIMARY ELECTIONS HB 400 PFD ADMINISTRATIVE PROCEEDINGS 1994-04-22 Senate Journal Page 3949 STATE AFFAIRS CONTINUED APR 27 WEDNESDAY 9:00 AM HB 417 POSSESSION OF FIREARMS IN SCHOOL LOCKERS HCR 34 ALASKA GARDEN WEEK HB 518 EXTEND ALASKA BAR ASSOCIATION BILLS PREVIOUSLY HEARD APR 29 FRIDAY 9:00 AM BILLS PREVIOUSLY HEARD ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 APR 26 TUESDAY 3:30 PM HB 301 BAN SALE OF SOME STUDDED TIRES AND STUDS BILLS PREVIOUSLY HEARD APR 28 THURSDAY 3:30 PM NO MEETING SCHEDULED JOINT COMMITTEES LEGISLATIVE BUDGET AND AUDIT GOVERNOR'S CONF RM APR 27 WEDNESDAY 3:30 PM ---------------------------------------- LEGISLATIVE COUNCIL GOVERNOR'S CONF RM APR 22 FRIDAY 3:30 PM ** NOTE LOCATION CHANGE ** OTHER COMMITTEES CHILDREN'S CAUCUS BUTROVICH ROOM 205 APR 27 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 APR 22 FRIDAY 11:45 AM MINORITY CAUCUS APR 22 FRIDAY 4:45 PM MINORITY CAUCUS ---------------------------------------- 1994-04-22 Senate Journal Page 3950 CONFERENCE COMMITTEE HB 370 SENATE FINANCE 518 APR 27 WEDNESDAY 3:00 PM HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET <PENDING REFERRAL>