Legislature(1993 - 1994)
1994-04-29 Senate Journal
Full Journal pdf1994-04-29 Senate Journal Page 4097 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Friday April 29, 1994 One Hundred Tenth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:53 a.m. The roll showed fourteen members present. Senators Ellis, Jacko, Pearce, Salo, Sharp, Taylor were absent. The prayer was offered by the Chaplain, Pastor Richard Tuff of the Resurrection Lutheran Church. Senator Zharoff led the Senate in the pledge of allegiance. The presence of Senators Ellis, Jacko, Salo, Sharp was noted. CERTIFICATION Senator Rieger moved and asked unanimous consent that the journal for the one hundred ninth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senators Pearce, Taylor was noted. MESSAGES FROM THE HOUSE HB 294 Message of April 28 was read, stating the House concurred in the Senate amendment to HOUSE BILL NO. 294 "An Act extending the termination date of the Board of Pharmacy" thus passing: SENATE CS FOR HOUSE BILL NO. 294(L&C) "An Act extending the termination date of the Board of Pharmacy; and providing for an effective date." 4097 1994-04-29 Senate Journal Page 4098 SB 151 Message of April 28 was read, stating the House passed and returned for consideration SENATE BILL NO. 151 with the following amendments: HOUSE CS FOR SENATE BILL NO. 151(FIN) am H "An Act providing for oil and gas exploration incentive credits for certain activities on certain land in the state; and providing for an effective date." Senator Taylor moved that the Senate concur in the House amendments. Senator Duncan objected. The question being: "Shall the Senate concur in the House amendments to SENATE BILL NO. 151?" The roll was taken with the following result: HCS SB 151(FIN) am H Shall the Senate Concur in the House Amendments to SB 151? Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, the Senate concurred in the House amendments, thus passing HOUSE CS FOR SENATE BILL NO. 151(FIN) am H "An Act providing for oil and gas exploration incentive credits for certain activities on certain land in the state; and providing for an effective date." 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. The Secretary was requested to notify the House. 1994-04-29 Senate Journal Page 4099 SB 151 HOUSE CS FOR SENATE BILL NO. 151(FIN) am H was referred to the Secretary for enrollment. SB 251 Message of April 28 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 251(FIN) am with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 251(FIN) "An Act relating to the commercial fishing revolving loan fund and the fisheries enhancement revolving loan fund; and providing for an effective date." Senator Taylor moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 251(FIN) am?" The roll was taken with the following result: HCS CSSB 251(FIN) Shall the Senate Concur in the House Amendment to CSSB 251(FIN) am? Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, the Senate concurred in the House amendment, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 251(FIN) "An Act relating to the commercial fishing revolving loan fund and the fisheries enhancement revolving loan fund; and providing for an effective date." 1994-04-29 Senate Journal Page 4100 SB 251 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. The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 251(FIN) was referred to the Secretary for enrollment. SB 252 Message of April 28 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 252(JUD) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 252(JUD) "An Act prohibiting the possession of child pornography." Senator Taylor moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 252(JUD)?" The roll was taken with the following result: HCS CSSB 252(JUD) Shall the Senate Concur in the House Amendment to CSSB 252(JUD)? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, the Senate concurred in the House amendment, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 252(JUD) "An Act prohibiting the possession of child pornography." 1994-04-29 Senate Journal Page 4101 SB 252 The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 252(JUD) was referred to the Secretary for enrollment. HB 407 Message of April 28 was read, stating the House failed to concur in the Senate amendments to HOUSE BILL NO. 407 "An Act relating to issuance of commemorative gold rush motor vehicle license plates" and respectfully requests the Senate to recede from its amendments, namely: SENATE CS FOR HOUSE BILL NO. 407(FIN) am S "An Act relating to issuance of commemorative gold rush motor vehicle license plates; and providing for an effective date." In the event the Senate fails to recede, the Speaker has appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the bills: Representative Foster, Chair Representative Phillips Representative Grussendorf Senator Taylor moved that the Senate recede from its amendments. The question being: "Shall the Senate recede from its amendments to HOUSE BILL NO. 407?" The roll was taken with the following result: HB 407 Shall the Senate Recede from its Amendments to SCS HB 407(FIN) am S? YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Leman, Lincoln, Little, Zharoff Nays: Frank, Halford, Jacko, Kelly, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor 1994-04-29 Senate Journal Page 4102 HB 407 and so, the Senate failed to recede from its amendments. The President appointed the following members to a Conference Committee to meet with the like committee from the House to consider the bills: Senator Sharp, Chair Senator Salo Senator Jacko The Secretary was requested to notify the House. Message of April 28 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 337 CS FOR HOUSE BILL NO. 337(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers; and permitting municipalities to install `drug-free recreation and youth center zone' signs." was read the first time and referred to the Judiciary Committee. HB 412 CS FOR HOUSE BILL NO. 412(HES) am BY THE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES, entitled: "An Act relating to facilities for the care of children; to child placement agencies; to maternity homes; to certain residential facilities for adults; and to foster homes for adults; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. 1994-04-29 Senate Journal Page 4103 STANDING COMMITTEE REPORTS Reports dated April 28 were read stating: In accordance with AS 39.05.080, the Senate Labor and Commerce Committee reviewed the following with regard to confirmation of the Governor's appointments: Board of Barbers and Hairdressers Lawrence R. Krupa Occupational Safety and Health Review James J. Ginnaty Board of Pharmacy Kendal L. Kaihoi, R.Ph. The forwarding of these appointments does not reflect an intent by any of the members to vote for or against the individuals during any further sessions. Signing the report: Senator Kelly, Chair, Senators Salo, Rieger, Lincoln, Sharp. In accordance with AS 39.05.080, the Senate Judiciary Committee reviewed the following with regard to confirmation of the Governor's appointments: Board of Governors of the Alaska Bar Ethel Staton Commission on Judicial Conduct Jeffrey M. Feldman Judicial Council Janice Leinhart There were no stated objections to the confirmation of any of the named individuals by committee members. This does not reflect an intent by any of the members to vote for or against the individuals during any further sessions. 1994-04-29 Senate Journal Page 4104 Signing the reports: Senator Taylor, Chair, Senators Halford, Jacko, Little, Donley. SB 161 Forthcoming (page 4069) Finance Committee Substitute for SENATE BILL NO. 161 "An Act relating to interest rates and calculation of interest under certain judgments and decrees and on refunds of certain taxes, royalties, or net profit shares; and providing for an effective date" (same title) received today. Zero fiscal note for the committee substitute published today from Department of Administration. Forthcoming zero fiscal notes for the committee substitute published today from Department of Administration, Department of Revenue. SB 363 The Finance Committee considered SENATE BILL NO. 363 "An Act making appropriations for capital project matching grant funds and for capital projects; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 363(FIN), entitled: "An Act making appropriations for capital project matching grant funds and for capital projects; making an appropriation for the continuation of federal litigation; and providing for an effective date." Signing do pass: Senators Frank, Pearce, Cochairs, Senators Rieger, Sharp, Kelly. Signing no recommendation: Senator Kerttula. SENATE BILL NO. 363 was referred to the Rules Committee. SB 367 The Finance Committee considered 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 1994-04-29 Senate Journal Page 4105 SB 367 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 recommended it be replaced with CS FOR SENATE BILL NO. 367(FIN), entitled: "An Act prohibiting a civil action based on professional negligence against a health care provider by a person who on the date of the negligent act or omission is less than two years of age, unless the action is brought before the person's eighth birthday; relating to health insurance fees, charges, premiums, rates, and rating factors; relating to disclosure of health care provider prices, a health care data system, and uniform data and procedures for health care billing and payment of claims; relating to coordination of insurance benefits and to determination and disclosure of fees paid to an insured or health care provider; establishing an advisory committee on a health care plan and an advisory committee on public health; and providing for an effective date." Signing do pass: Senator Pearce, Cochair, Senators Rieger, Kelly. Signing no recommendation: Senator Frank, Cochair, Senator Sharp. Fiscal notes for the committee substitute published today from Department of Commerce and Economic Development, Office of the Governor. SENATE BILL NO. 367 was referred to the Rules Committee. HJR 60 The Judiciary Committee considered HOUSE JOINT RESOLUTION NO. 60 Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes. Signing do pass: Senator Taylor, Chair, Senators Halford, Jacko. Signing no recommendation: Senators Little, Donley. Previous House zero fiscal note. 1994-04-29 Senate Journal Page 4106 HJR 60 HOUSE JOINT RESOLUTION NO. 60 was referred to the Rules Committee. HB 2 The Judiciary Committee considered CS FOR HOUSE BILL NO. 2(RLS) "An Act requiring drug and alcohol tests for school bus drivers." Signing do pass: Senator Taylor, Chair, Senators Halford, Jacko. Signing no recommendation: Senators Little, Donley. Previous fiscal note. CS FOR HOUSE BILL NO. 2(RLS) was referred to the Finance Committee. HB 78 The Judiciary Committee considered HOUSE BILL NO. 78 "An Act relating to the testimony of children in certain criminal proceedings; and providing for an effective date." Signing no recommendation: Senator Taylor, Chair, Senators Little, Donley. Signing do pass: Senators Jacko, Halford. Fiscal note information forthcoming. HOUSE BILL NO. 78 was referred to the Rules Committee. HB 79 The Judiciary Committee considered CS FOR HOUSE BILL NO. 79(FIN) am "An Act relating to recovery from a parent or legal guardian of wilful or malicious destruction of property by a minor" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 79(JUD) Signing do pass: Senator Taylor, Chair, Senator Jacko. Signing no recommendation: Senators Donley, Little. Previous zero fiscal notes. CS FOR HOUSE BILL NO. 79(FIN) am was referred to the Rules Committee. 1994-04-29 Senate Journal Page 4107 HB 128 The Judiciary Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) "An Act relating to paternity determinations and acknowledgements." Signing do pass: Senator Taylor, Chair, Senators Little, Jacko, Halford. Signing no recommendation: Senator Donley. Senator Taylor further signed: conclusively do pass. Previous fiscal note and previous House zero fiscal note. CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) was referred to the Finance Committee. HB 277 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 277(JUD) "An Act relating to public employers defending and indemnifying public employees and former public employees with respect to claims arising out of conduct that is within the scope of employment" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 277(L&C) Signing no recommendation: Senator Kelly, Chair, Senators Lincoln, Sharp, Rieger. Signing do pass: Senator Salo. Previous House zero fiscal notes apply to the Senate Committee Substitute. CS FOR HOUSE BILL NO. 277(JUD) was referred to the Judiciary Committee. HB 331 The Judiciary Committee considered HOUSE BILL NO. 331 am "An Act relating to claims on permanent fund dividends for defaulted public assistance overpayments." Signing do pass: Senator Taylor, Chair, Senator Halford. Signing no recommendation: Senators Little, Donley, Jacko. Previous House zero fiscal note and previous House fiscal notes. HOUSE BILL NO. 331 am was referred to the Finance Committee. 1994-04-29 Senate Journal Page 4108 HB 394 The Labor and Commerce Committee considered HOUSE BILL NO. 394 "An Act relating to limited partnerships; and providing for an effective date." Signing do pass: Senator Kelly, Chair, Senator Rieger. Signing no recommendation: Senators Sharp, Lincoln, Salo. Zero fiscal note published today from Department of Law. Previous House fiscal note. HOUSE BILL NO. 394 was referred to the Rules Committee. HB 410 The Judiciary Committee considered CS FOR HOUSE BILL NO. 410(STA) "An Act relating to real estate appraisers and the Board of Certified Real Estate Appraisers." Signing do pass: Senator Taylor, Chair, Senators Jacko, Halford. Signing no recommendation: Senators Little, Donley. Previous House zero fiscal note. CS FOR HOUSE BILL NO. 410(STA) was referred to the Rules Committee. HB 429 The Judiciary Committee considered HOUSE BILL NO. 429 "An Act relating to the special education service agency." Signing do pass: Senator Taylor, Chair, Senators Jacko, Halford. Signing no recommendation: Senators Little, Donley. Previous House zero fiscal note. HOUSE BILL NO. 429 was referred to the Rules Committee. SJR 36 The Rules Committee considered SENATE JOINT RESOLUTION NO. 36 Proposing amendments to the Constitution of the State of Alaska requiring that candidates for governor and candidates for lieutenant governor receive more than 50 percent of the votes cast to be elected and changing the term of office of the governor and the lieutenant governor. Signing to calendar: Senator Halford, Chair, Senators Little, Jacko. 1994-04-29 Senate Journal Page 4109 SJR 36 SENATE JOINT RESOLUTION NO. 36 is on today's calendar. SB 213 The Rules Committee considered SENATE BILL NO. 213 "An Act extending the Alaska Public Utilities Commission and the regulatory cost charge." Signing to calendar: Senator Halford, Chair, Senator Rieger. Signing no recommendation: Senators Little, Zharoff. SENATE BILL NO. 213 is on today's calendar. SB 256 The Rules Committee considered SENATE BILL NO. 256 "An Act increasing the tax on transfers and consumption of aviation fuel." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko, Zharoff. Signing no recommendation: Senator Little. SENATE BILL NO. 256 is on today's calendar. SB 313 The Rules Committee considered SENATE BILL NO. 313 "An Act relating to the Comprehensive Health Insurance Association and to health insurance provided to residents of the state who are high risks; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff. Signing no recommendation: Senator Little. SENATE BILL NO. 313 is on today's calendar. SB 320 The Rules Committee considered SENATE BILL NO. 320 "An Act relating to occupational licensing boards and commissions; and relating to architects, engineers, and land surveyors." Signing to calendar: Senator Halford, Chair, Senators Little, Jacko. SENATE BILL NO. 320 is on today's calendar. HJR 50 The Rules Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) Relating to the North Pacific Fishery Management Council comprehensive rationalization plan. Signing to calendar: Senator Halford, Chair, Senators Little, Zharoff, Rieger. 1994-04-29 Senate Journal Page 4110 HJR 50 CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) is on today's calendar. HB 365 The Rules Committee considered HOUSE BILL NO. 365 "An Act extending the termination date of the Board of Barbers and Hairdressers; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Little, Jacko, Rieger, Zharoff. HOUSE BILL NO. 365 is on today's calendar. HB 442 The Rules Committee considered CS FOR HOUSE BILL NO. 442(FIN) "An Act relating to criminal justice information; providing procedural requirements for obtaining certain criminal justice information; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senators Little, Zharoff. CS FOR HOUSE BILL NO. 442(FIN) is on today's calendar. SPECIAL COMMITTEE REPORTS SB 54 The following report was received and distributed at 10:50 a.m., April 29, 1994. April 20, 1994 Mr. President: Madam Speaker: The CONFERENCE COMMITTEE considered CS FOR SENATE BILL NO. 54(FIN) "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to records of those offenses, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; 1994-04-29 Senate Journal Page 4111 SB 54 and providing for an effective date" and HOUSE CS FOR CS FOR SENATE BILL NO. 54(FIN) am H "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to juvenile records, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date" and recommends CONFERENCE CS FOR SENATE BILL NO. 54, entitled: "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to juvenile records, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date." be adopted. Signing the report: Senator Taylor, Chair, Senators Leman, Donley, Representative Porter, Chair, Representative Mackie. Fiscal notes for the Conference Committee Substitute published today from Alaska Court System, Department of Corrections, Department of Administration (2). Previous zero fiscal notes apply to the Conference Committee Substitute. Senator Taylor moved that the Senate adopt CONFERENCE CS FOR SENATE BILL NO. 54. Senator Taylor moved and asked unanimous consent that consideration of the adoption of CONFERENCE CS FOR SENATE BILL NO. 54 be held to the bottom of today's calendar. Without objection, it was so ordered. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 22 SENATE CONCURRENT RESOLUTION NO. 22 BY THE SENATE JUDICIARY COMMITTEE, 1994-04-29 Senate Journal Page 4112 SCR 22 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 445, relating to operating a motor vehicle, aircraft, or watercraft. was read the first time and referred to the Rules Committee. Senator Duncan announced a minority caucus. Senator Taylor announced a majority 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 1:10 p.m. AFTER RECESS The Senate reconvened at 3:22 p.m. The Senate returned to: STANDING COMMITTEE REPORTS SB 363 The Rules Committee considered SENATE BILL NO. 363 "An Act making appropriations for capital project matching grant funds and for capital projects; and providing for an effective date" and recommended it be placed on today's supplemental calendar. Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senators Little, Zharoff. SENATE BILL NO. 363 is on today's supplemental calendar. 1994-04-29 Senate Journal Page 4113 Senator Taylor moved and asked unanimous consent that the First Supplemental Calendar be adopted. Without objection, it was so ordered. Senator Pearce called the Senate. The President stated the call was satisfied. FIRST SUPPLEMENTAL CALENDAR SB 363 SENATE BILL NO. 363 "An Act making appropriations for capital project matching grant funds and for capital projects; 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 4104. Senator Ellis objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 363(FIN) "An Act making appropriations for capital project matching grant funds and for capital projects; making an appropriation for the continuation of federal litigation; and providing for an effective date" was adopted. CS FOR SENATE BILL NO. 363(FIN) was read the second time. Senator Pearce offered Amendment No. 1 : Page 4, line 3, after "AS 37.25.020": Insert "unless otherwise noted" Page 6, line 25: Delete "665,000" in both places. Insert "400,000" in both places. Page 8, line 12: Delete "400,000" in both places. Insert "300,000" in both places. Page 8, after line 16: Insert the following new material to read: 1994-04-29 Senate Journal Page 4114 SB 363 Approp. General Items Fund State Land Acquisition Classification/ 265,000 265,000 Assessment (operating appropriation) Forest Practices Act Effectiveness 200,000 200,000 Research (operating appropriation) Page 8, line 20: Delete "500,000" in both places. Insert "300,000" in both places. Page 8, after line 36: Insert the following new material to read: "Approp. General Other Items Fund Funds Assert/Protect State's Right to Manage the State's Resources under ANILCA (operating appropriation) p400,000 200,000 200,000" Page 9, line 21: Delete "86,141,800" Insert "86,041,800" Delete "22,771,800" Insert "22,671,800" Page 10, line 25: Delete "168,648,000" Insert "168,623,000" Delete "1,705,000" Insert "1,680,000" Page 15, line 9: Delete "1,705,000" Insert "1,680,000" 1994-04-29 Senate Journal Page 4115 SB 363 Page 15, line 11: Delete "171,336,000" Insert "171,286,000" Delete "2,550,000" Insert "2,500,000" Page 19, line 16: Delete "915,000" Insert "890,000" Page 19, line 18: Delete "1,635,000" Insert "1,610,000" Page 19, line 23: Delete "40,510,000" Insert "40,485,000" Delete "3,710,000" Insert "3,685,000" Page 21, line 27: Delete "1,110,000" Insert "1,085,000" Adjust funding information in sec. 10 accordingly. Renumber the following bill section accordingly. Page 3, line 11, after "Authority" Insert "or from another lender" Page 5, lines 16-17: Approp. Other Items Funds Delete "Federal Grants and Special 17,079.0 17,079.0 Needs Housing Program" 1994-04-29 Senate Journal Page 4116 SB 363 Insert "HUD Federal HOME Grant 3,750.0 3,750.0 Fed Comp Grants/ 7,076.0 7,076.0 Public Housing Fed Comp Grants 4,953.0 4,953.0 Other Comp Grants 1,300.0 1,300.0" Page 5, lines 18-19: Delete "Affordable Housing and 16,200.0 16,200.0 Energy Efficiency Programs" Insert "Low Income Weatherization 5,700.0 5,700.0 Warm Homes for Alaskans 300.0 300.0 Oil Overcharge Settlmnt Rec. 2,000.0 2,000.0 Supp. & Senior Housing 8,200.0 8,200.0" Page 10, line 25: Delete "168,648,000" Insert "168,961,000" Delete "166,943,000" Insert "167,256,000" Page 14, line 4: Delete "394,000" Insert "707,000" Page 19, line 23: Delete "40,510,000" Insert "41,710,000" Delete "36,800,000" Insert "38,000,000" Page 19, after line 33: Insert the following new material to read: "ALLOCATIONS Sitka Airport 1,200,000 Electrical and Lighting Improvements" 1994-04-29 Senate Journal Page 4117 SB 363 Adjust funding information accordingly. Page 25, lines 34 & 35: Delete "in the next fiscal year" Insert "before grant funds are released" Page 25, line 38 and Page 26, line 7: Delete "has provided" Insert "will provide" Page 28, line 18: Delete "25,000" in both places. Insert "33,265" in both places. Page 32, lines 15-16: Delete "Old City Hall Renovation" Insert "Construction of City Offices in the Old Recreation Center Building" Page 34, line 21: Delete "9,500" in both places. Insert "10,000" in both places. Page 34, lines 21 - 22: Delete "Computer System" Insert "City Drainage System Upgrade" Page 34, line 23: Delete "9,500" in both places. Insert "15,000" in both places. Page 34, lines 23 - 24: Delete "City Drainage/Transportation System" Insert "Village Equipment Procurement and Upgrade" Page 34, line 25: Delete "25,000" in both places. Insert "30,000" in both places. 1994-04-29 Senate Journal Page 4118 SB 363 Page 34, line 29: Delete "25,000" in both places. Insert "30,000" in both places. Page 37, after line 23: Insert the following new material to read: "Appropriation Other Items Funds City of Anvik Water/Sewer 25,000 25,000 City of Bettles Road Grader 25,000 25,000 Purchase - Phase I City of Brevig Mission 25,000 25,000 Public Transportation System City of Hughes Multipurpose 25,000 25,000 Building City of Koyukuk Clinic/ 25,000 25,000 Library Building Improvements City of Kwethluk Washeteria 15,000 15,000 Upgrade City of Kwethluk City Office 10,000 10,000 Renovation City of Old Harbor Road 23,684 23,684 Construction City of Port Alexander 25,000 25,000 Waterline Repairs and Upgrade City of Shageluk Road 25,000 25,000 Improvements City of Lower Kalskag 25,000 25,000 Water/Sewer City of Upper Kalskag 25,000 25,000 Multi/purpose Building City of Gambell Sanitation 25,000 25,000" Services - Phase II Page 37, line 33: Delete "25,000" in both places. Insert "27,725" in both places. 1994-04-29 Senate Journal Page 4119 SB 363 Page 37, lines 33 - 34: Delete "Construct Road Access/Apply Topping Material" Insert "State Dock Engineering/Construction of Breakwater and Land Access to Dock" Page 38, line 18: Delete "25,000" in both places. Insert "40,000" in both places. Page 39, line 15: Delete "25,000" Insert "25,661" Page 40, lines 6 - 7: Delete "Fuel Tank Upgrade and Generator Replacement" Insert "Boardwalk Renovation" Page 40, after line 15: Insert the following new material to read: "APPROPRIATION OTHER ITEMS FUNDS Beaver Multipurpose Building 25,000 25,000 Design and Construction Chistochina Community Hall 25,000 25,000 Upgrade/Repairs Chitina Washeteria 25,000 25,000 Evansville Bulk Fuel Storage 25,000 25,000 Koliganek Health Clinic Design 25,000 25,000 and Construction Minto Search and Rescue Supplies/Equipment/Training 25,000 25,000 Northway Community Hall 25,000 25,000 Water/Sewer Hook-up Rampart Water Plant Building 25,000 25,000 Venetie Back-up Generator Purchase 25,000 25,000 Sleetmute Road Improvements 25,000 25,000" Adjust funding information accordingly. 1994-04-29 Senate Journal Page 4120 SB 363 Page 1, line 6: Delete "sec. 9" Insert "sec. 10" Page 3, after line 16: Insert a new bill section to read: "* Sec. 9. (a) Subject to the conditions set out in (c) of this section, the sum of $1,017,547 is appropriated from the municipal capital project matching fund (AS37.06.010) to the Department of Administration for payment as grants under AS37.05.315 to the following municipalities in the amounts and for the purposes stated: PURPOSE: Community facilities and equipment: MUNICIPALITY APPROPRIATION City of Akhiok $25,000 City of Akiak 25,000 City of Ambler 25,000 City of Anaktuvuk Pass 25,000 City of Atmautluak 25,000 City of Atqasuk 25,000 City of Chevak 25,000 City of Clark's Point 25,000 City of Hoonah 39,339 City of Huslia 25,000 City of Kachemak 25,000 City of Kaktovik 25,000 City of Kasigluk 25,000 City of Ketchikan 278,208 City of Kiana 25,000 City of Kivalina 25,000 City of Kupreanof 25,000 City of Mekoryuk 25,000 City of Napakiak 25,000 City of Newtok 25,000 City of Nightmute 25,000 City of Nondalton 25,000 City of Russian Mission 25,000 1994-04-29 Senate Journal Page 4121 SB 363 City of Saint Michael 25,000 City of Shungnak 25,000 City of Stebbins 25,000 City of Tuluksak 25,000 City of Tununak 25,000 City of Wales 25,000 City of White Mountain 25,000 (b) Subject to the conditions set out in (c) of this section, the sum of $425,000 is appropriated from the unincorporated community capital project matching grant fund (AS37.06.010) to the Department of Community and Regional Affairs for payment as grants under AS37.05.317 to the following unincorporated communities in the amounts and for the purposes stated: PURPOSE: Community facilities and equipment: UNINCORPORATED APPROPRIATION COMMUNITY Central $25,000 Chenega Bay 25,000 Circle 25,000 Dot Lake Services 25,000 Gakona 25,000 Kongiganak 25,000 Kwigillingok 25,000 Lake Minchumina 25,000 Lime Village 25,000 Nikolski 25,000 Oscarville 25,000 Paxson 25,000 Pitka's Point 25,000 Red Devil 25,000 Stony River 25,000 Tatitlek 25,000 Twin Hills 25,000 (c) The appropriations made by (a) and (b) of this section are made contingent on the municipality or unincorporated community complying before July1, 1995, with the requirements, other than the deadlines, set out in 6 AAC 45 for capital project matching grants. 1994-04-29 Senate Journal Page 4122 SB 363 (d) The appropriations made under (b) of this section are for capital projects and lapse under AS37.25.020." Renumber the following bill section accordingly. Page 3, line 17: Delete "SECTION 9" Insert "SECTION 10" Delete "PAGE 4" Insert "PAGE 6" Page 6, after line 18: Insert "The sum of $100,000 in corporate receipts is appropriated to the Alaska Commission on Post Secondary Education to contract with a private firm of national reputation in the student loan industry to conduct a cost/benefit analysis to determine the feasibility of either contracting with a third-party loan servicer to use their software and hardware in a service bureau arrangement or to contract out all loan servicing of the Alaska Student Loan Program to a third-party private loan servicer." Page 33, lines 19-25 is amended to read: APPROPRIATION OTHER FUNDS 32,600 32,600 City of Mountain Village [17,100] [17,100] Community Facilities repair [11,400] [11,400] and renovations/equipment Page 34, lines 4-5: APPROPRIATION OTHER FUNDS 30,700 30,700 [22,500] [22,500] Unalakleet - City Facilities Repairs and Renovations/ADA Compliance 1994-04-29 Senate Journal Page 4123 SB 363 Page 11, line 27, Page 12, lines 24-25, Page 15, line 30, Page 17, lines 27 and 29, and Page 15, line 13: change to "ED 99" Page 11, line 23: change to "ED 8" Page 13, line 16: change to "ED 10-25" Page 36, line 33: After "School" Insert "Roof" Page 40, line 14: Delete "Tanana" Insert "Nenana" Page 26, line 13: Delete "Small Utility Improvements (ED 99) $2,000,000" Insert "Small Utility Improvements (ED 99) $ 500,000" Page 26, after line 27: Insert the following material to read: "APPROPRIATION OTHER ITEMS FUNDS University of Alaska, 12,500,000 12,500,000 Fairbanks Elvey Complex Construction" Adjust funding information accordingly. Senator Pearce moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Kerttula offered Amendment No. 2 : 1994-04-29 Senate Journal Page 4124 SB 363 Page 4, after line 18: Insert "APBC - Public Broadcasting Matching Grants 590.6 GF" Senator Kerttula moved for the adoption of Amendment No. 2. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 363(FIN) am Second Reading Amendment No. 2 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. 2 failed. Senator Lincoln offered Amendment No. 3 : Page 8, line 22: Delete "300,000" Insert "500,000" Senator Lincoln moved for the adoption of Amendment No. 3. Senator Pearce objected. Senator Jacko offered amendment to Amendment No. 3: Page 23, line 20: Delete "250,000" Insert " 50,000" Senator Jacko moved amendment to Amendment No. 3. Senator Pearce objected. 1994-04-29 Senate Journal Page 4125 SB 363 Senator Jacko moved and asked unanimous consent that amendment to Amendment No. 3 be withdrawn. Without objection, it was so ordered. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 363(FIN) am Second Reading Amendment No. 3 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Zharoff Nays: Donley, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor and so, Amendment No. 3 failed. Senator Pearce offered Amendment No. 4 : Page 14, line 36, after "Control": Insert "and Runway Reconstruction" Senator Pearce moved for the adoption of Amendment No. 4. Senator Duncan objected, then withdrew his objection. There being no further objections, Amendment No. 4 was adopted. Senator Little offered Amendment No. 5 : Page 26, line 34: Insert New Section "Grants to Municipalities AS 37.05.315 Appropriation General Fund City of Homer-"South Peninsula $50,000 Hospital-SANE/SART Project (ED7)" Senator Little moved for the adoption of Amendment No. 5. Senator Pearce objected. 1994-04-29 Senate Journal Page 4126 SB 363 The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSSB 363(FIN) am 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 Little offered Amendment No. 6 : Page 26, line 34: Insert New Section "Grants to Municipalities AS 37.05.315 Appropriation General Fund City of Soldotna-Soldotna 35,000 Senior Center Van (ED 8)" Senator Little moved for the adoption of Amendment No. 6. Senator Pearce objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSSB 363(FIN) am Second Reading Amendment No. 6 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Donley, Ellis, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor 1994-04-29 Senate Journal Page 4127 SB 363 and so, Amendment No. 6 failed. Senator Little offered Amendment No. 7 : Page 26, line 34: Insert New Section "Grants to Municipalities AS 37.05.315 Appropriation General Fund City of Seward-Replacement 85,000 of Rescue Truck (ED 8)" Senator Little moved for the adoption of Amendment No. 7. Senator Pearce objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSSB 363(FIN) am Second Reading Amendment No. 7 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Donley, Ellis, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 7 failed. Senator Adams offered Amendment No. 8 : Page 32, line 36: Delete "Erosion Control" Insert "Community Facilities and equipment" Senator Adams moved and asked unanimous consent for the adoption of Amendment No. 8. Without objection, Amendment No. 8 was adopted. 1994-04-29 Senate Journal Page 4128 SB 363 Senator Salo offered Amendment No. 9 : Page 26, line 34: Insert New Section "Grants to Municipalities AS 37.05.315 Appropriation General Fund City of Kenai-Roof replacement 40,000 Kenai CARE Center Senator Salo moved for the adoption of Amendment No. 9. Senator Sharp objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSSB 363(FIN) am Second Reading Amendment No. 9 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Little, Salo, Zharoff Nays: Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 9 failed. Senator Salo offered Amendment No. 10 : Page 26, line 34: Insert new section "Grants to Municipalities AS 37.05.315 Appropriation General Fund Kenai Peninsula Borough 350,000 Nikiski Escape Route Upgrade Senator Salo moved for the adoption of Amendment No. 10. Senator Kelly objected. 1994-04-29 Senate Journal Page 4129 SB 363 The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSSB 363(FIN) am Second Reading Amendment No. 10 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Donley, Ellis, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 10 failed. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 363(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. 363(FIN) am was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 363(FIN) am "An Act making appropriations for capital project matching grant funds and for capital projects; making an appropriation for the continuation of federal litigation; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 363(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, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Donley, Ellis, Little, Zharoff and so, CS FOR SENATE BILL NO. 363(FIN) am passed the Senate. 1994-04-29 Senate Journal Page 4130 SB 363 Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Pearce gave notice of reconsideration. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 213 SENATE BILL NO. 213 "An Act extending the Alaska Public Utilities Commission and the regulatory cost charge" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 3777. Senator Adams objected. The question being: "Shall the Finance Committee Substitute be adopted?" The roll was taken with the following result: SB 213 Second Reading Adopt Finance Committee Substitute? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Halford, Jacko, Kerttula, Lincoln, Little, Salo, Zharoff and so, CS FOR SENATE BILL NO. 213(FIN) "An Act extending the Alaska Public Utilities Commission; relating to regulation of public utilities and to regulatory cost charges; and providing for an effective date" was adopted. CS FOR SENATE BILL NO. 213(FIN) was read the second time. 1994-04-29 Senate Journal Page 4131 SB 213 Senator Kelly offered Amendment No. 1 : Page 4, line 6: Delete "Rates" Insert "For telephone utilities, rates" Page 4, line 8, after "for" Insert "telephone" Page 4, line 11, after "owned" Insert "telephone" Page 4, line 12, after "regulated" Insert "telephone" Senator Kelly moved for the adoption of Amendment No. 1. Senator Duncan objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 213(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Senator Adams objected. The question being: "Shall CS FOR SENATE BILL NO. 213(FIN) am be advanced to third reading?" The roll was taken with the following result: CSSB 213(FIN) am Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the bill failed to be advanced to third reading. 1994-04-29 Senate Journal Page 4132 SB 256 SENATE BILL NO. 256 "An Act increasing the tax on transfers and consumption of aviation fuel" was read the second time. Senator Sharp moved and asked unanimous consent for the adoption of the Transportation Committee Substitute offered on page 2613. Without objection, CS FOR SENATE BILL NO. 256(TRA) "An Act relating to the tax on transfers and consumption of aviation fuel; and providing for an effective date" was adopted. CS FOR SENATE BILL NO. 256(TRA) was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 256(TRA) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 256(TRA) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 256(TRA) "An Act relating to the tax on transfers and consumption of aviation fuel; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 256(TRA) Third Reading - Final Passage Effective Date YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Jacko, Kelly, Lincoln, Rieger, Taylor, Zharoff Nays: Donley, Halford, Kerttula, Leman, Little, Miller, Pearce, Phillips, Salo, Sharp Pearce changed from "Yea" to "Nay". Kerttula changed from "Yea" to "Nay". and so, CS FOR SENATE BILL NO. 256(TRA) failed. Senator Sharp gave notice of reconsideration. 1994-04-29 Senate Journal Page 4133 SB 313 SENATE BILL NO. 313 "An Act relating to the Comprehensive Health Insurance Association and to health insurance provided to residents of the state who are high risks; and providing for an effective date" was read the second time. Senator Ellis offered Amendment No. 1 : Page 1, line 2, after "risks;": Insert "relating to disability insurance coverage;" Page 1, after line 4: Insert new bill sections to read: "* Section 1. AS 21.51 is amended by adding a new section to read: Sec. 21.51.350. PROHIBITED PROVISIONS. Disability insurance issued for delivery or delivered in this state shall provide coverage without exclusion, reduction, or higher rates for preexisting conditions and the policy may not provide for cancellation of coverage due to the health of the insured or due to the claims experience of an insured. * Sec. 2. AS21.54 is amended by adding a new section to read: Sec. 21.54.035. PROHIBITED PROVISIONS. A group or blanket disability insurance policy shall provide coverage without exclusion, reduction, or higher rates for preexisting conditions, and the policy may not provide for cancellation of coverage due to the health of a member of the insured group or due to the claims experience of a member of the group." Page 1, line 5: Delete "* Section 1." Insert "* Sec. 3." Renumber the following bill sections accordingly. Page 4, after line 23: Insert a new bill section to read: "* Sec. 14. Sections 1 and 2 of this Act apply to disability insurance contracts entered into on or after the effective date of this Act." 1994-04-29 Senate Journal Page 4134 SB 313 Renumber the following bill section accordingly. Senator Ellis 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: SB 313 Second Reading Amendment No. 1 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Halford, Jacko, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Adams, Frank, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 1 failed. 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 5:40 p.m. AFTER RECESS The Senate reconvened at 6:05 p.m. SB 313 Senators Rieger, Kelly offered Amendment No. 2 : Page 1, line 1, after "Act": Insert "prohibiting a civil action based on professional negligence against a health care provider by a person who on the date of the negligent act or omission is less than two years of age, unless the action is brought before the person's eighth birthday;" 1994-04-29 Senate Journal Page 4135 SB 313 Page 1, line 2, after "risks;": Insert "relating to health insurance fees, charges, premiums, rates, and rating factors; relating to disclosure of health care provider prices, a health care data system, and uniform data and procedures for health care billing and payment of claims; relating to coordination of insurance benefits and to determination and disclosure of fees paid to an insured or health care provider; establishing an advisory committee on a health care plan and an advisory committee on public health;" Page 1, after line 4: Insert new bill sections to read: "* Section 1. AS09.10 is amended by adding a new section to read: Sec. 09.10.065. LIMITATION ON ACTIONS BY CERTAIN MINORS AGAINST HEALTH CARE PROVIDERS. (a) Notwithstanding AS09.10.140, an action based on professional negligence may not be brought against a health care provider by a person who is, on the date of the alleged negligent act or omission less than two years of age, unless the action is brought before the person's eighth birthday. (b) The limitation imposed under (a) of this section is tolled during any period in which there exists (1) fraud, including fraud or collusion by a parent, guardian, insurer, or health care provider, resulting in the failure to bring an action on behalf of an injured minor; (2) intentional concealment; or (3) the undiscovered presence of a foreign body, that has no therapeutic or diagnostic purpose or effect, in the body of the injured person and the action is based on the presence of the foreign body. (c) In this section, (1) "health care provider" has the meaning given in AS21.58.400; (2) "professional negligence" means a negligent act or omission by a physician in rendering professional services; 1994-04-29 Senate Journal Page 4136 SB 313 (3) "professional services" means services provided by a health care provider that are within the scope of services for which the health care provider is licensed, and that are not prohibited under the health care provider's license or by a hospital in which the health care provider practices. * Sec. 2. AS21.51 is amended by adding a new section to read: Sec. 21.51.350. PREMIUM RATES AND RATING FACTORS. A disability insurer (1) shall file with the director rates or rating factors for disability insurance before the intended effective date of the rate or rating factor; (2) may not use a rate or rating factor that has not been filed with the director; and (3) may file a new rate or rating factor at any time." Page 1, line 5: Delete "* Section 1." Insert "* Sec. 3." Renumber the following bill sections accordingly. Page 4, after line 22: Insert new bill sections to read: "* Sec. 14. AS21 is amended by adding a new chapter to read: CHAPTER 58. HEALTH CARE. Sec. 21.58.010. REQUIRED AVAILABILITY OF PRICE LIST. A health care provider shall prepare a list of the provider's prices that includes the dates during which the prices will be applicable. The price list shall be made available either by posting the price list in a conspicuous location in the health care provider's office or by similarly posting a notice that the price list is available for review upon request. The contents of the price list required under this section must include the provider's 40 most commonly provided health care services or those health care services provided more than five times in a calendar year, whichever would result in a shorter price list of health care services. 1994-04-29 Senate Journal Page 4137 SB 313 Sec. 21.58.020. HEALTH CARE DATA SYSTEM. (a) The Department of Commerce and Economic Development shall develop and may, subject to appropriation, periodically update a health care data system. To the extent practicable, the data system base year shall be calendar year 1995 and the system may include (1) health care expenditures, including capital expenditures associated with receiving health care; (2) demographic data; (3) clinical information in a format that does not identify individual patients, including diagnosis, type of provider, type of service, location and length of care, referral patterns, quality of care, and result of care; (4) billing and payment data in a format that does not identify individual patients; and (5) public health data, including vital statistics and health status. (b) The commissioner may request health care data necessary to develop or update the data system required under (a) of this section from a health care provider or insurer. A health care provider or insurer who receives a request from the commissioner under this subsection may, but is not required to, comply with the request. (c) Information and data obtained or produced by the director under this section, except as provided under (d) of this section, shall be kept confidential as a matter of law. A person who wrongfully discloses or who uses or permits the use of confidential information or data in violation of this subsection is guilty of a class B misdemeanor. (d) Information or data regarding health care services (1) may be disclosed in an aggregate form that does not identify an individual recipient or health care provider; and (2) that identify an individual recipient may be disclosed to a health care provider, if the individual recipient has agreed to release the information or data. 1994-04-29 Senate Journal Page 4138 SB 313 Sec. 21.58.030. UNIFORM DATA AND PROCEDURES FOR HEALTH CLAIMS. (a) The director shall adopt by regulation uniform claims forms, uniform standards, and uniform procedures for the processing of data relating to billing for and payment of health care services provided to residents of the state. A health insurance company shall comply with the uniform claims forms, standards, and procedures established under this section. (b) The director shall ensure that other regulations adopted by the director under this title that apply to a health insurer are not in conflict or inconsistent with regulations adopted under (a) of this section. Sec. 21.58.040. APPROPRIATIONS. The legislature may appropriate a portion of the proceeds of the tax on insurance premiums collected under AS21.09.210 to pay the administrative costs of this chapter. Sec. 21.58.400. DEFINITIONS. In this chapter, (1) "commissioner" means the commissioner of commerce and economic development; (2) "health care provider" means an acupuncturist licensed under AS08.06; an audiologist licensed under AS08.11; a chiropractor licensed under AS08.20; a dental hygienist licensed under AS08.32; a dentist licensed under AS08.36; a marital or family therapist licensed under AS08.63; a direct-entry midwife certified under AS08.65; a nurse licensed under AS08.68; a dispensing optician licensed under AS08.71; a naturopath licensed under AS08.45; an optometrist licensed under AS08.72; a pharmacist licensed under AS08.80; a physical therapist or occupational therapist licensed under AS08.84; or a physician's assistant certified under AS08.64; a physician licensed under AS08.64; a podiatrist; a psychologist and a psychological associate licensed under AS08.86; a clinical social worker licensed under AS08.95; an emergency medical technician certified under AS18.08.082; a mobile intensive care paramedic trained as required under AS18.08.082; a health maintenance organization as defined in AS21.86.900; a hospital or medical service corporation as defined in AS21.87.330; a 1994-04-29 Senate Journal Page 4139 SB 313 hospital as defined in AS18.20.130, including a governmentally owned or operated hospital; and an employee of a health care provider acting within the course and scope of employment; (3) "health care services" means preventive, diagnostic, medical, surgical, reproductive, psychiatric, psychologic, rehabilitative, health maintenance, dental, podiatric, optometric, optical, audiologic, nutritive, and chiropractic care; prescription drugs, laboratory and radiologic services, medical supplies, durable medical equipment and devices; personal assistance services; inpatient and outpatient care; home health care; hospice care; and long-term or institutional care; (4) "health insurance" means an individual or group contract or other plan providing coverage of health care services that is issued by the corporation or by a health insurance company, a hospital service corporation, a medical service corporation, or a health maintenance organization; "health insurance" includes disability insurance under AS21.12.050; (5) "health insurance company" means an insurer that is authorized to transact health insurance. * Sec. 15. AS21.86.070(g) is amended to read: (g) The director may require that additional relevant material considered necessary by the director be submitted in order to determine the acceptability of a filing made under [EITHER] (b) [OR (e)] of this section. * Sec. 16. AS21.86 is amended by adding a new section to read: Sec. 21.86.075. PREMIUM RATES AND CHARGES. A health maintenance organization (1) shall file with the director rates, rating factors, premiums, fees for services, and enrollee fees, including a change to a rate, rating factor, premium, or fee, used in providing health care services to enrollees of the health maintenance organization; (2) may not use a rate, rating factor, premium, or fee that has not been filed with the director; and (3) may use a new rate, rating factor, premium, or fee at any time. 1994-04-29 Senate Journal Page 4140 SB 313 * Sec. 17. AS21.86.260(a) is amended to read: (a) Except as provided in AS21.56, AS21.89.100 - 21.89.120, and in this chapter, this title does not apply to a health maintenance organization that obtains a certificate of authority under this chapter. This subsection does not apply to an insurer licensed under AS21.09 or a hospital or medical service corporation licensed under AS21.87 except with respect to its health maintenance organization activities authorized by and regulated under this chapter. * Sec. 18. AS21.87.190 is repealed and reenacted to read: Sec. 21.87.190. RATES AND CHARGES. A service corporation (1) shall file with the director subscription rates, rating factors, fees, and payment charges, including a change to a rate, rating factor, fee, or payment charge, to be charged to or on account of the service corporation's subscribers; (2) may not use a rate, rating factor, fee, or payment charge that has not been filed with the director; and (3) may file a new rate, rating factor, fee, or payment charge at any time. * Sec. 19. AS21.87.340 is amended to read: Sec. 21.87.340. OTHER PROVISIONS APPLICABLE. In addition to the provisions contained or referred to previously in this chapter, the following chapters and provisions of this title also apply with respect to service corporations to the extent applicable and not in conflict with the express provisions of this chapter and the reasonable implications of the express provisions, and for the purposes of the application the corporations shall be considered to be mutual "insurers": (1) AS21.03; (2) AS21.06; (3) AS21.09, except AS21.09.090; (4) AS21.18.010; (5) AS21.18.030; (6) AS21.18.040; (7) AS21.18.120; 1994-04-29 Senate Journal Page 4141 SB 313 (8) AS21.21.321; (9) AS21.36; (10) AS21.42.345 - 21.42.365, 21.42.375, 21.42.380, and 21.42.385; (11) AS21.51.120; (12) AS21.53; (13) AS21.54.020; (14) AS21.56; (15) AS21.69.400; (16) AS21.69.520; (17) AS21.69.600, 21.69.620, and 21.69.630; (18) AS21.78; (19) AS21.89.040; (20) AS21.89.060 and 21.89.100 - 21.89.120; (21) AS21.90. * Sec. 20. AS21.89 is amended by adding new sections to read: Sec. 21.89.100. REQUIRED PROVISIONS REGARDING COORDINATION OF BENEFITS. (a) When an insured has coverage under two or more plans that provide for coordination of benefits, the coverage from those plans must be coordinated so that the insured receives the maximum allowable benefit from each plan. The aggregate benefit should be more than that offered by any of the plans individually, but the insured may not receive more than the total of the charges for the health care services received. (b) A plan that provides for coordination of benefits must contain a provision that (1) discloses that coordination of benefits applies when the insured has health care coverage under more than one plan; (2) states what benefits from the plan and other sources are recognized under the coordinating provision and that indicates if one or more plan benefits are exempt from the coordinating provision; (3) states what health care expenses are allowable and what health care expenses are excluded under the coordinating provision; 1994-04-29 Senate Journal Page 4142 SB 313 (4) states the claim period to be used in applying the coordinating benefits provision; a claim period may not be less than 12 months, but may exclude a period before coverage starts or after coverage ends; (5) indicates the manner in which benefits are reduced by coordination; a reduction in benefits is subject to the following order of benefit provisions: (A) plan benefits applicable to an insured as an employee, member, or subscriber, and also as a dependent, are first determined as benefits applicable to the insured as employee, member, or subscriber; (B) if a minor is eligible for benefits as a dependent of more than one insured, the plan of the insured whose date of birth falls earlier in the year is applied first, unless a different order of application is required by a court; (C) benefits not determined under this paragraph that are applicable under more than one plan are determined under that plan applicable to the insured for the longer period of time; (D) when one of the plans is a medical plan and the other is a dental plan, and a determination cannot be made under the provisions of (A) -(C) of this paragraph, the medical plan shall be considered as the primary coverage; (E) if under the provisions of (A) - (D) of this paragraph the plan is secondary to another source of benefits, the benefits of the plan may not be reduced unless the sum of benefits payable for allowable expenses and the benefits payable for allowable expenses under the other source exceed the allowable expenses in a claim determination period; (6) provides that the insurer has the right to receive and to release information necessary to expedite a claim payment when coordinating benefits; (7) allows the insurer to make a payment necessary to repay another insurer for a payment that should have been made under the policy applicable to the insured; and 1994-04-29 Senate Journal Page 4143 SB 313 (8) gives the insurer the right to recover excess payments from the insured paid to another insurer providing benefits to the insured. (c) In coordinating benefits from a plan that contractually reduces the fees for services that participating health care providers accept as payment in full, the following rules apply: (1) when the reduced fee plan is the primary coverage and treatment is provided by a participating health care provider, the reduced fee is that health care provider's full fee; a secondary plan shall pay the lesser of its allowed benefit or the difference between the primary plan's benefit and the reduced fee; (2) when the reduced fee plan is the primary coverage and treatment is provided by a nonparticipating health care provider, the reduced fee plan shall provide its allowed amount for nonparticipating health care providers and the secondary plan shall pay the lesser of (A) its allowed benefit for the service; (B) the difference between the primary plan's benefits for the service and the health care provider's full fee; (3) when a full fee plan is the primary coverage and a reduced fee plan is secondary coverage, the full fee plan shall provide its allowed amount for the service and the secondary plan shall pay the lesser of its allowed benefit for the service or the difference between the primary plan's benefits and the health care provider's full fee. (d) In coordinating benefits between an indemnity and a capitation plan, the following rules apply: (1) when the capitation plan is the primary coverage, the capitation payments to the treating health care provider remain the capitation plan's usual benefits; the indemnity plan shall pay benefits for the patient's surcharges or copayments up to the indemnity plan's allowable benefit; (2) when the indemnity plan is the primary coverage and treatment is received from a health care provider who is participating in a capitation plan, the indemnity plan shall pay its allowable benefits; the capitation payments to the health care provider are secondary coverage; 1994-04-29 Senate Journal Page 4144 SB 313 (3) when the indemnity plan or policy is the primary coverage, and treatment is received from a health care provider who is not participating in a capitation plan , the indemnity plan shall pay its allowable benefits; the capitation plan shall pay benefits, in keeping with the capitation plan's allowed amount for treatment by nonparticipating health care providers; (4) a plan may not contractually direct a health care provider to charge a secondary insurer for more than the amount that would be charged to the insured absent secondary coverage. (e) A certificate indicating insurance coverage must contain a summary of the provisions in this section regarding coordination of benefits. Sec. 21.89.110. DETERMINATION AND DISCLOSURE OF USUAL, CUSTOMARY, AND REASONABLE FEES. An insurer who pays a claim under a disability policy or an indemnity under a group or blanket disability insurance policy, a health maintenance organization that adopts a schedule of charges, or a hospital or medical service corporation that pays a subscriber or compensates a health care provider on the basis of a usual, customary, or reasonable fee or charge shall (1) maintain and use a statistically credible profile of fees of health care providers in this state on which to base payment of the claim; the profile must (A) be updated at least once every six months and may not contain fees for services performed more than one year before the date of the most recent profile; (B) contain fees for the geographic area in which a claimant might receive treatment; and (C) may not include fees clearly marked "DO NOT PROFILE"; if statistically credible data for a particular health care service in a certain geographic area does not exist, the insurer may include in the profile a sufficient number of fees for that service from another geographic area in order to establish a reliable data base; however, the final basis for payment must be adjusted to reflect the general cost difference between the geographic area where the service was performed and the other geographic area used 1994-04-29 Senate Journal Page 4145 SB 313 in establishing the statistically credible profile; the adjustment may be based upon the Consumer Price Index, the medical care component of the Consumer Price Index, or a reasonable basis stated in writing and determined acceptable by the director; (2) respond within 15 working days after receiving a written request from an insured, a health care provider with a valid assignment of payments, or a health care provider engaged to provide services under a professional services contract, with a full written disclosure of the methods employed under (1) of this section that resulted in the difference between the amount paid on a claim for benefits and the actual charges submitted; and (3) disclose in a proposal for insurance, a policy of insurance, a certificate of insurance, an employee benefit description or supplemental document, or a professional service contract between an insurer and a health care provider (A) the frequency with which the insurer determines the usual, customary, and reasonable fee; (B) a general description of the methodology used to determine the usual, customary, and reasonable fee; (C) the percentile of usual, customary, and reasonable fees at which the insurer will reimburse the insured, or the contract health care provider. Sec. 21.89.120. DEFINITIONS FOR AS21.89.100 - 21.89.120. In AS21.89.100 - 21.89.120, (1) "health care provider" has the meaning given in AS21.58.400; (2) "health care service" has the meaning given in AS21.87.330; (3) "plan" means a group or blanket disability policy issued under AS21.54, small employer coverage issued under AS21.56, evidence of coverage issued under AS21.86, or a subscriber contract issued under AS21.87; 1994-04-29 Senate Journal Page 4146 SB 313 (4) "professional services contract" includes a contract for professional services between a health care provider and insurer or health maintenance corporation, and a service contract between a health care provider and a hospital or medical service corporation; (5) "service corporation" has the meaning given in AS21.87.330. * Sec. 21. Section 7, ch. 39, SLA 1993, is amended to read: Sec. 7. AS21.86.260(a) is repealed and reenacted to read: (a) Except as provided in AS21.89.100 - 21.89.120 and this chapter, this title does not apply to a health maintenance organization that obtains a certificate of authority under this chapter. This subsection does not apply to an insurer licensed under AS21.09 or a hospital or medical service corporation licensed under AS21.87 except with respect to its health maintenance organization activities authorized by and regulated under this chapter. * Sec. 22. Section 9, ch. 39, SLA 1993, is amended to read: Sec. 9. AS21.87.340 is repealed and reenacted to read: Sec. 21.87.340. OTHER PROVISIONS APPLICABLE. In addition to the provisions contained or referred to previously in this chapter, the following chapters and provisions of this title also apply with respect to service corporations to the extent applicable and not in conflict with the express provisions of this chapter and the reasonable implications of the express provisions, and for the purposes of the application the corporations shall be considered to be mutual "insurers": (1) AS21.03 (2) AS21.06 (3) AS21.09, except AS21.09.090 (4) AS21.18.010 (5) AS21.18.030 (6) AS21.18.040 (7) AS21.18.120 (8) AS21.21.321 (9) AS21.36 (10) AS21.42.345 - 21.42.365, 21.42.375, 21.42.380, and 21.42.385 1994-04-29 Senate Journal Page 4147 SB 313 (11) AS21.51.120 (12) AS21.53 (13) AS21.54.020 (14) AS21.69.400 (15) AS21.69.520 (16) AS21.69.600, 21.69.620, and 21.69.630 (17) AS21.78 (18) AS21.89.040 (19) AS21.89.060 and 21.89.100 - 21.89.120 (20) AS21.90. * Sec. 23. AS21.86.070(e) and 21.86.070(f) are repealed. * Sec. 24. APPLICABILITY. Sections 17, 19, and 20 of this Act apply to a policy of insurance, evidence of coverage under AS21.86, or a service agreement or subscriber's contract under AS21.87, issued or renewed on or after the effective date of this Act. * Sec. 25. HEALTH CARE PLAN ADVISORY COMMITTEE. (a) The legislature finds that it is necessary to have reliable information on the specific content and cost of any proposed mandatory health care plan, before it can be taken to the public for review. The legislature further finds that questions of a single payer system versus a multi payer system for any mandatory coverage, and questions regarding inclusion or exclusion of certain groups of Alaskans who are covered by other federal health insurance, are not prejudiced by the direction given to the advisory committee created in this section. (b) The Health Care Plan Advisory Committee is established in the Office of the Governor. The committee consists of seven members who are appointed by the governor as follows: (1) one person with experience in providing health care services on an inpatient basis; (2) one person with experience in providing health care services on an outpatient basis; (3) one person with experience as a health care provider; (4) one person who has experience in health care insurance; and 1994-04-29 Senate Journal Page 4148 SB 313 (5) three persons who represent the public. (c) Notwithstanding any other provision of law, a committee member is subject to the provisions of AS39.50 as if the committee member were a member of a state commission or board described under AS39.50.200(b). (d) A committee member is entitled to receive compensation at the rate of $250 a day for each day spent in performing duties as a committee member and to travel and per diem expenses authorized by law for boards and commissions under AS39.20.180. (e) The committee may (1) establish subcommittees; (2) conduct hearings; (3) employ personnel necessary to complete assigned duties; (4) enter into contracts; (5) subject to appropriation, expend money. (f) By December 15, 1994, the committee shall report to the legislature on the scope of the health care insurance coverage and the cost of providing health care insurance if health care insurance were to be offered under the following conditions: (1) participation is mandatory by all state residents; coverage shall include a spouse and dependent children; (2) health care services that are covered must include preventive care and immunizations, prenatal care, children's health care, and catastrophic medical expense coverage; (3) coverage shall be designed to impose a family deductible of $3,000 for all covered health care services other than prenatal care, preventive care, and immunizations, and to allow reimbursement in a calendar year at not more than 80 percent for all covered health care services, other than prenatal care, preventive care, and immunizations, after the first $3,000 in covered expenses; prenatal care, preventive care, and immunizations may be reimbursed at more than 80 percent for a covered expense; coverage for health care services that are offered on an outpatient basis shall provide reimbursement for outpatient health care services at a rate equal to or higher than the rate for inpatient services; (4) premiums shall be set at a single rate for all covered individuals, except 1994-04-29 Senate Journal Page 4149 SB 313 (A) a surcharge for coverage of each dependent child or spouse may be imposed; a surcharge may not exceed 50 percent of the individual premium; it is the intent of the legislature that the premium be set at a rate that does not exceed $100 per month or 14 percent of the individual's monthly gross income, whichever is lower; (B) premium rates are allowed to vary depending on whether the individual smokes or any other factors within the control of an individual, and depending on whether the individual is less than 30 years of age; a premium may not vary under a community rating system, other than as specified in this section; (5) a one-year exclusion for preexisting conditions for new enrollees is imposed; this paragraph does not apply to a person who has resided in the state for at least one year, or who is less than one year old and was born in this state. (g) By December 15, 1995, the committee shall report to the legislature on (1) the cost of providing health insurance coverage under the following conditions: (A) coverage shall meet the conditions set out under (f)(1) - (5) of this section; (B) additional medical benefits are included as recommended by the committee; (C) it is the intent of the legislature that the premium be set at a rate that does not exceed $150 per month or 14 percent of the individual's monthly gross income, whichever is lower; (2) the effect of the following conditions assuming that insurance coverage as specified under (f) of this section is provided: (A) premium payment is by payroll deduction, employer contribution, or a combination of employer contribution and payroll deduction; (B) premium payment by an unemployed or self-employed person is by direct payment; (3) assuming that the state requires all residents to participate in a state health insurance plan, changes necessary in existing provisions of law to 1994-04-29 Senate Journal Page 4150 SB 313 (A) allow integration of optional health insurance plans with the mandatory insurance plan; the integration should allow an individual or group to purchase supplemental insurance coverage without duplication of coverage; and (B) discourage health insurance that reimburses covered benefits at a rate greater than 80 percent of the cost of the benefits; (4) recommended legislation regarding public health issues; (5) recommended legislation to simplify health care administration; (6) recommended legislation regarding antitrust changes necessary to allow the use of pooled purchasing to reduce the cost of health care if required under federal law; (7) recommended legislation to enact tort reform measures intended to reduce the cost of health care, including changes to statutes of limitation, contingent fee agreements, and to the Alaska Rules of Civil Procedure; (8) recommended legislation regarding long-term health care, including methods to encourage individual savings for the cost of long-term health care; (9) recommended legislation regarding how the state should educate residents on health care, including how to be a prudent consumer, increasing awareness of provider charges, and a curriculum that should be used in public schools in the state. (h) By December 15, 1995, the committee shall recommend to the legislature legislation necessary to improve data collection used to control health care expenditures or to improve the efficiency of the health care system in the state. (i) In this section, "health care provider" has the meaning given in AS21.58.400. * Sec. 26. PUBLIC HEALTH ADVISORY COMMITTEE. (a) The Public Health Advisory Committee is established in the Office of the Governor. The committee consists of nine members with significant public health expertise who are appointed by the governor. The governor shall consider public and private health care professionals, labor organizations, businesses, the education system, the Alaska Public Health Association, the Alaska Mental Health Board, and the Alaska Native Health Board for service on the Public 1994-04-29 Senate Journal Page 4151 SB 313 Health Advisory Committee, as well as recognizing the need for geographic, ethnic, and cultural diversity. (b) A committee member is entitled to travel and per diem expenses authorized by law for boards and commissions under AS39.20.180. (c) The committee may (1) establish subcommittees; (2) conduct hearings; (3) employ personnel necessary to complete assigned duties; (4) enter into contracts; (5) subject to appropriation, expend money. (d) The committee shall (1) advise the commissioner of health and social services, the commissioner of administration, and the commissioner of commerce and economic development on public health matters; (2) develop a public health improvement plan as described under (e) of this section. (e) The plan developed by the committee may (1) recognize the need for (A) community involvement in health care planning and delivery; (B) attention to local needs that may vary from place to place; (C) accountability for the use of public funds; (D) equity and stability in the distribution of public funds; (E) shared responsibility of all levels of government for administering and financing public health care delivery; and (F) coordination of basic public health services; and (2) include (A) an analysis of the health status of the residents of the state; (B) an assessment of the most appropriate role for various levels of government to play in addressing the health care needs of the residents of the state; 1994-04-29 Senate Journal Page 4152 SB 313 (C) a delineation of the standards that should be used in assessment, policy development, and quality assurance in the delivery of public health services; (D) documentation of the extent to which the current public health system implements or achieves the standards identified under (C) of this paragraph; (E) identification of interjurisdictional issues involved in health care access and delivery; (F) recommendations, including recommendations for specific legislative action when necessary, pertaining to the following: (i) strategies, time lines, financial needs, and specific sources of stable revenue for bringing the state public health care system up to standards identified by the committee; (ii) appropriate sharing of the responsibility of local, regional, state, and federal government entities to deliver public health care services efficiently and effectively, including recommendations for organization within state government; (iii) integration of the public health care system with state and national health care reform efforts; (iv) the committee's estimate of the optimal share that public health should represent in the total health care delivery system of the state, expressed in terms of a percentage of health care dollars spent or in terms of public dollars per state resident; (v) a program designed to give incentives to a primary health care provider to practice in the state, especially in rural and underserved areas of the state. (f) In this section, "health care provider" has the meaning given in AS21.58.400. * Sec. 27. Sections 25 and 26 of this Act are repealed June30, 1996." Renumber the following bill section accordingly. 1994-04-29 Senate Journal Page 4153 SB 313 Senator Rieger moved for the adoption of Amendment No. 2. Senator Duncan objected. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 313 "An Act relating to the Comprehensive Health Insurance Association and to health insurance provided to residents of the state who are high risks; and providing for an effective date" and all pending amendments be held in second reading to the May 2 calendar. Without objection, it was so ordered. SB 320 SENATE BILL NO. 320 "An Act relating to occupational licensing boards and commissions; and relating to architects, engineers, and land surveyors" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 3967. Without objection, CS FOR SENATE BILL NO. 320(FIN) "An Act relating to membership on the Board of Registration for Architects, Engineers, and Land Surveyors; relating to registration by the board; clarifying the meaning of practicing or offering to practice architecture, engineering, or land surveying; deleting teachers of postsecondary land surveying courses from a registration exemption; and amending the definition of `practice of land surveying'" was adopted. CS FOR SENATE BILL NO. 320(FIN) was read the second time. Senator Little offered Amendment No. 1 : Page 1, line 4, after "surveying;": Insert "relating to registration of landscape architects;" Page 1, lines 8 - 13: Delete all material. Insert new bill sections to read: "* Section 1. AS08.01.010(2) is amended to read: (2) State Board of Registration for Architects, Engineers, [AND] Land Surveyors, and Landscape Architects (AS08.48.011); * Sec. 2. AS08.03.010(c)(3) is amended to read: 1994-04-29 Senate Journal Page 4154 SB 320 (3) State Board of Registration for Architects, Engineers, [AND] Land Surveyors, and Landscape Architects (AS08.48.011) - June 30, 1997; * Sec. 3. AS08.48.011 is amended to read: Sec. 08.48.011. BOARD CREATED. (a) There is created the State Board of Registration for Architects, Engineers, [AND] Land Surveyors, and Landscape Architects. The board shall administer the provisions of this chapter and comply with AS44.62 ( [THE] Administrative Procedure Act [(AS44.62]). (b) The board consists of nine voting members appointed by the governor having the qualifications as set out in AS08.48.031 and one nonvoting member appointed by the governor from persons recommended by the Alaska Chapter of the American Society of Landscape Architects and having the qualifications set out in AS08.48.031. The voting members of the board consist [CONSISTS] of two civil engineers, three [ONE LAND SURVEYOR, ONE MINING ENGINEER, TWO] engineers from other branches of the profession of engineering, two architects, one land surveyor, and one public member. * Sec. 4. AS08.48.031 is amended to read: Sec. 08.48.031. QUALIFICATIONS. Each member of the board must have been a resident in the state for three consecutive years immediately preceding appointment and, except for the public member and the nonvoting member, must be registered and have a minimum of five years of professional practice in the member's respective field. * Sec. 5. AS08.48.061(b) is amended to read: (b) Each voting member of the board is entitled to receive per diem and travel expenses as authorized by law for other boards and commissions. The nonvoting member of the board is not entitled to receive either per diem or travel expenses. * Sec. 6. AS08.48.061(c) is amended to read: (c) The board may make expenditures from appropriated funds for any purpose that is reasonably necessary for the proper performance of its duties under this 1994-04-29 Senate Journal Page 4155 SB 320 chapter. This may include the expenses of the board delegates to meetings of councils of architect examiners, engineering examiners, [OR] land surveyor examiners, or landscape architect examiners, or any of their subdivisions. The total amount of warrants issued in payment of the expenses incurred under this chapter may not exceed the amount of money appropriated by the legislature. * Sec. 7. AS08.48.071(f) is amended to read: (f) The Department of Commerce and Economic Development shall assemble statistics relating to the performance of its staff and the performance of the board, including but not limited to, (1) the number of architects, engineers, [AND] land surveyors, and landscape architects registered over a five-year period; (2) the rate of passage of examinations administered by the board; (3) the number of persons making application for registration as a professional architect, engineer, [OR] land surveyor, or landscape architect over a five-year period; (4) an account of registration fees collected under AS08.01.065; (5) a measure of the correspondence workload of any licensing examiner employed by the department to carry out this chapter. * Sec. 8. AS08.48.091 is amended to read: Sec. 08.48.091. WRITTEN EXAMINATIONS [AND EXAMINATION FEES]. Except as provided in (b) of this section, written [WRITTEN] examinations shall be held at least twice each year at places determined by the board unless the examination administered by the board is a national examination prepared only once each year, in which case the examination shall be held at least once each year. A candidate failing an examination may apply for reexamination. * Sec. 9. AS 08.48.091 is amended by adding a new subsection to read: 1994-04-29 Senate Journal Page 4156 SB 320 (b) The board shall administer a written examination at least once each year for applicants who are seeking to be registered as landscape architects. * Sec. 10. AS08.48.111 is amended to read: Sec. 08.48.111. POWER TO REVOKE, SUSPEND, OR REISSUE CERTIFICATE. The board may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant or corporation who is found guilty of (1) fraud or deceit in obtaining a certificate; (2) gross negligence, incompetence, or misconduct in the practice of architecture, engineering, [OR] land surveying, or landscape architecture; or (3) a violation of this chapter, a regulation adopted under this chapter, or the code of ethics or professional conduct as adopted by the board. The code of ethics or professional conduct shall be distributed in writing to every registrant and applicant for registration under this chapter. This publication and distribution of the code of ethics or professional conduct constitutes due notice to all registrants. The board may revise and amend its code and, upon doing so, shall immediately notify each registrant in writing of the revisions or amendments. The board may, upon petition of the registrant or corporation, reissue a certificate if a majority of the members of the board vote in favor of the reissuance. * Sec. 11. AS08.48.171 is amended to read: Sec. 08.48.171. GENERAL REQUIREMENTS AND QUALIFICATIONS FOR REGISTRATION. An applicant for registration as an architect, engineer, [OR] land surveyor, or landscape architect must be of good character and reputation and shall submit evidence satisfactory to the board of the applicant's education, training, and experience. However, an applicant for registration as a land surveyor may not be required to submit evidence of more than eight years of any combination of education, experience, or training. * Sec. 12. AS08.48.181 is amended to read: Sec. 08.48.181. REGISTRATION UPON EXAMINATION. Except as provided in AS08.48.191, for registration as a professional architect, professional engineer, [OR] professional land surveyor, or professional landscape architect, a person shall be examined in this state in 1994-04-29 Senate Journal Page 4157 SB 320 accordance with the regulations of procedure and standards adopted by the board under AS44.62 ( [THE] Administrative Procedure Act [(AS44.62]). The procedure and standards shall at least meet the requirements adopted by recognized national examining councils for these professions." Renumber the following bill sections accordingly. Page 2, line 11, through page 3, line 31: Delete all material. Insert new bill sections to read: "* Sec. 14. AS08.48.191 is amended by adding a new subsection to read: (d) A person holding a certificate of registration authorizing the person to practice landscape architecture in a state, territory, or possession of the United States, the District of Columbia, or a foreign country, that in the opinion of the board meets the requirements of this chapter, based on verified evidence, may upon application, be registered under the regulations of the board. A person holding a certificate of qualification issued by the Council of Landscape Architectural Registration Boards may upon application be registered under regulations of the board. * Sec. 15. AS08.48.201(a) is amended to read: (a) Application for registration as a professional architect, a professional engineer, [OR] a professional land surveyor, or a professional landscape architect shall (1) be on a form prescribed and furnished by the board; (2) contain statements made under oath, showing the applicant's education and a detailed summary of the applicant's technical experience; and (3) contain five references, three of whom must be architects for architectural registration, engineers for engineering registration, [AND] land surveyors for land surveying registration, and landscape architects for landscape architectural registration, having personal knowledge of the applicant's architectural, engineering, [OR] land surveying, or landscape architectural education, training, or experience. 1994-04-29 Senate Journal Page 4158 SB 320 * Sec. 16. AS08.48.211 is amended to read: Sec. 08.48.211. CERTIFICATE OF REGISTRATION. (a) An applicant who fulfills the requirements set out by the board shall be awarded a certificate of registration as a professional architect, engineer, [OR] land surveyor, or landscape architect, authorizing the holder to offer or perform architectural, engineering, [OR] land surveying, or landscape architectural services or work for the public, or to certify or sign architectural, engineering, [OR] land surveying, or landscape architectural documents. Certificates of registration issued under this section shall be inscribed on their face in a manner determined by the board. (b) The certificate of registration sealed by the board is prima facie evidence that the person named in it is entitled to all rights and privileges of a professional architect, professional engineer, [OR] professional land surveyor, or professional landscape architect while the certificate remains unrevoked or unexpired. * Sec. 17. AS08.48.221 is amended to read: Sec. 08.48.221. SEALS. Each registrant may obtain a seal of the design authorized by the board, bearing the registrant's name, registration number, and the legend, "Registered Professional Architect," "Registered Professional Engineer," [OR] "Registered Professional Land Surveyor," or "Registered Professional Landscape Architect," as appropriate. Final drawings, specifications, surveys, plats, plates, reports, and other similar documents shall, when issued, be signed and stamped with the seal. The board shall adopt regulations governing the use of seals by the registrant. An architect, engineer, [OR] land surveyor, or landscape architect may not affix or permit a seal and signature to be affixed to an instrument after the expiration of a certificate or for the purpose of aiding or abetting another person to evade or attempt to evade a provision of this chapter. The registrant, by affixing the registrant's seal to final drawings, specifications, surveys, plats, plates, reports, and other similar documents, and signing them, certifies that these documents were prepared by or under the registrant's direct supervision, unless the registrant certifies on the face of the document to the extent of the registrant's responsibility. 1994-04-29 Senate Journal Page 4159 SB 320 * Sec. 18. AS08.48.241(a) is amended to read: (a) This chapter does not prevent a corporation from offering architectural, engineering, [OR] land surveying, or landscape architectural services; however, the corporation shall file with the board (1) an application for a certificate of authorization upon a form to be prescribed by the board and containing information required to enable the board to determine whether the corporation is qualified in accordance with the provisions of this chapter to offer to practice architecture, engineering, [OR] land surveying, or landscape architecture in this state; (2) a certified copy of a resolution of the board of directors of the corporation designating persons holding certificates of registration under this chapter as responsible for the practice of architecture, engineering, [OR] land surveying, or landscape architecture by the corporation in this state and providing that full authority to make all final architectural, engineering, [OR] land surveying, or landscape architectural decisions on behalf of the corporation with respect to work performed by the corporation in this state is granted by the board of directors to the persons designated in the resolution; however, the filing of this resolution does not relieve the corporation of any responsibility or liability imposed upon it by law or by contract; (3) a designation in writing setting out the name of one or more persons holding certificates of registration under this chapter who are in responsible charge of each major branch of the architectural, engineering, [OR] land surveying, or landscape architectural activities in which the corporation specializes in this state; if a change is made in the person in responsible charge of a major branch of the architectural, engineering, [OR] land surveying, or landscape architectural activities, the change shall be designated in writing and filed with the board within 30 days after the effective date of the change. * Sec. 19. AS08.48.241(b) is amended to read: 1994-04-29 Senate Journal Page 4160 SB 320 (b) Upon filing with the board the application for certificate of authorization, certified copy of resolution, affidavit, and designation of persons specified in this section, the board shall, subject to (c) of this section, issue to the corporation a certificate of authorization to practice architecture, engineering, [OR] land surveying, or landscape architecture in this state upon a determination by the board that (1) the bylaws of the corporation contain provisions that all architectural, engineering, [OR] land surveying, or landscape architectural decisions pertaining to architectural, engineering, [OR] land surveying, or landscape architectural activities in this state will be made by the specified architect, engineer, [OR] land surveyor, or landscape architect in responsible charge, or other registered architects, engineers, [OR] land surveyors, or landscape architects under the direction or supervision of the architect, engineer, [OR] land surveyor, or landscape architect in responsible charge; (2) the application for certificate of authorization states the type of architecture, engineering, [OR] land surveying, or landscape architecture practiced or to be practiced by the corporation; (3) the applicant corporation has the ability to provide architectural, engineering, [OR] land surveying, or landscape architectural services; (4) the application for certificate of authorization states the professional records of the designated person who is in responsible charge of each major branch of architectural, engineering, [OR] land surveying, or landscape architectural activities in which the corporation specializes; (5) the application for certificate of authorization states the experience of the corporation, if any, in furnishing architectural, engineering, [OR] land surveying, or landscape architectural services during the preceding five-year period; 1994-04-29 Senate Journal Page 4161 SB 320 (6) the applicant corporation meets other requirements related to professional competence in the furnishing of architectural, engineering, [OR] land surveying, or landscape architectural services as may be adopted by the board in furtherance of the objectives and provisions of this chapter. * Sec. 20. AS08.48.241(d) is amended to read: (d) The certificate of authorization shall specify the major branches of architecture, engineering, [OR] land surveying, or landscape architecture of which the corporation has designated a person in responsible charge as provided in this section. The certificate of authorization shall be conspicuously displayed in the place of business of the corporation, together with the names of persons designated as being in responsible charge of the professional activities. * Sec. 21. AS08.48.241(e) is amended to read: (e) If a corporation, organized solely by either a group of architects, a group of engineers, [OR] a group of land surveyors, or a group of landscape architects, each holding a certificate of registration under this chapter, applies for a certificate of authorization, the board may, in its discretion, grant a certificate of authorization to the corporation based on a review of the professional records of the incorporators, in place of the required qualifications set out in this section. If the ownership of the corporation is altered, the corporation shall apply for a revised certificate of authorization, based upon the professional records of the owners, if exclusively architects, engineers, [OR] land surveyors, or landscape architects, or otherwise under the qualifications required by (b)(1) - (4) of this section. * Sec. 22. AS08.48.241(f) is amended to read: (f) A corporation authorized to offer architectural, engineering, [OR] land surveying, or landscape architectural services under this chapter, together with its directors and officers for their own individual acts, is responsible to the same degree as the designated individual 1994-04-29 Senate Journal Page 4162 SB 320 registered architect, engineer, [OR] land surveyor, or landscape architect, and shall conduct its business without misconduct or malpractice in the practice of architecture, engineering, [OR] land surveying, or landscape architecture as defined in this chapter. * Sec. 23. AS08.48.241(g) is amended to read: (g) If the board, after a proper hearing, finds that a corporation holding a certificate of authorization has committed misconduct or malpractice, the board shall suspend or revoke the certificate of authorization. The board shall also suspend or revoke the certificate of registration of any registered individual architect, engineer, [OR] land surveyor, or landscape architect who, after a proper hearing, is found by the board to have participated in committing the misconduct or malpractice. * Sec. 24. AS08.48.251 is amended to read: Sec. 08.48.251. PARTNERSHIPS. This chapter does not prevent the practice of architecture, engineering, [OR] land surveying, or landscape architecture by partnership if all of the members of the partnership are architects, engineers, [OR] land surveyors, or landscape architects legally registered under this chapter. * Sec. 25. AS08.48.281 is amended to read: Sec. 08.48.281. PROHIBITED PRACTICE. A person may not practice or offer to practice the profession of architecture, engineering, [OR] land surveying, or landscape architecture in the state, or use in connection with the person's name or otherwise assume or advertise a title or description tending to convey the impression that the person is a registered architect, engineer, [OR] land surveyor, or landscape architect unless the person has been registered under the provisions of this chapter or is a person to whom these provisions do not apply, or, in the case of a corporation, unless it has been authorized under this chapter. * Sec. 26. AS08.48.281 is amended by adding new subsections to read: 1994-04-29 Senate Journal Page 4163 SB 320 (b) Notwithstanding (a) of this section, this chapter does not prohibit the practice of landscape architecture by a person who is not registered to practice landscape architecture if the services being performed by the person are within the scope of practice authorized by another license that is held by the person. (c) Notwithstanding the definition of the "practice of landscape architecture" in AS08.48.341, a registered landscape architect may not perform or offer to perform a service described in AS08.48.341(17) if that service also requires registration as an architect or engineer unless the landscape architect is also registered as an architect or engineer, as applicable. * Sec. 27. AS08.48.291 is amended to read: Sec. 08.48.291. VIOLATIONS AND PENALTIES. A person who practices or offers to practice architecture, engineering, [OR] land surveying, or landscape architecture in the state without being registered or authorized to practice in accordance with the provisions of this chapter, or a person presenting or attempting to use the certificate or the seal of another, or a person who gives false or forged evidence of any kind to the board or to a member of the board in obtaining or attempting to obtain a certificate, or a person who impersonates a registrant, or a person who uses or attempts to use an expired or revoked or nonexistent certificate, knowing of the certificate's status, or a person who falsely claims to be registered and authorized to practice under this chapter, or a person who violates any of the provisions of this chapter, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $10,000, or by imprisonment for not more than one year, or by both. * Sec. 28. AS08.48.311 is amended to read: Sec. 08.48.311. RIGHTS NOT TRANSFERABLE. The right to engage in the practice of architecture, engineering, [OR] land surveying, or landscape architecture is considered a personal and individual right, based on the qualifications of the individual as evidenced by the individual's certificate of registration, which is not transferable. 1994-04-29 Senate Journal Page 4164 SB 320 * Sec. 29. AS08.48.321 is amended to read: Sec. 08.48.321. EVIDENCE OF PRACTICE. A person practices or offers to practice architecture, engineering, [OR] land surveying, or landscape architecture who (1) practices a branch of the profession of architecture, engineering, [OR] land surveying, or landscape architecture as defined in AS08.48.341; (2) by verbal claim, sign, advertisement, letterhead, card, or other means represents to be an architect, engineer, [OR] land surveyor, or landscape architect, or through the use of some other title implies that the person is an architect, engineer, [OR] land surveyor, or landscape architect; or (3) holds out as able to perform or who does perform an architectural, engineering, [OR] land surveying, or landscape architectural service recognized by the professions covered by this chapter, and specified in regulations of the board, as an architectural, engineering, [OR] land surveying, or landscape architectural service. * Sec. 30. AS08.48.331 is amended to read: Sec. 08.48.331. EXEMPTIONS. This chapter does not apply to (1) a contractor performing work designed by a professional architect, [OR] engineer, or landscape architect or the supervision of the construction of the work as a supervisor or superintendent for a contractor; (2) workers in building trades crafts, superintendents, supervisors, or inspectors in the performance of their customary duties; (3) an officer or employee of the United States government practicing architecture, engineering, [OR] land surveying, or landscape architecture as required by the person's official capacity; (4) an employee or a subordinate of a person registered under this chapter if the work or service is done under the direct supervision of a person registered under this chapter; 1994-04-29 Senate Journal Page 4165 SB 320 (5) associates, consultants, or specialists retained by a registered individual, a partnership of registered individuals, or a corporation authorized to practice architecture, engineering, [OR] land surveying, or landscape architecture under this chapter, in the performance of professional services if responsible charge of the work remains with the individual, the partnership, or a designated representative of the corporation; (6) a person preparing drawings or specifications for (A) a building for the person's own use and occupancy as a single family residence and related site work for that building; (B) farm or ranch buildings, unless the public health, safety, or welfare is involved; (C) a building that is intended to be used only as a residence by not more than four families and that is not more than two stories high; (D) a garage, workshop, or similar building that contains less than 2,000 square feet of floor space to be used for a private noncommercial purpose; (7) a specialty contractor licensed under AS08.18 while engaged in the business of construction contracting or designing systems for work within the specialty to be performed or supervised by the specialty contractor, or a contractor preparing shop or field drawings for work that the specialty contractor has contracted to perform; (8) a person furnishing drawings, specifications, instruments of service, or other data for alterations or repairs to a building that do not change or affect the structural system or the safety of the building, or that do not affect the public health, safety, or welfare; (9) a person who is employed by a postsecondary educational institution to teach engineering, architectural, or [LAND SURVEYING] landscape architectural courses; in this paragraph, "postsecondary educational institution" has the meaning given in AS14.48.210. 1994-04-29 Senate Journal Page 4166 SB 320 * Sec. 31. AS08.48.341(2) is amended to read: (2) "board" means the State Board of Registration for Architects, Engineers, [AND] Land Surveyors, and Landscape Architects; * Sec. 32. AS08.48.341(4) is amended to read: (4) "certificate of authorization" means a certificate issued by the board authorizing a corporation to provide professional services in architecture, engineering, [OR] land surveying, or landscape architecture through individuals legally registered by the board;" Renumber the following bill section accordingly. Page 4, after line 13: Insert new bill sections to read: "* Sec. 34. AS08.48.341 is amended by adding new paragraphs to read: (16) "landscape architect" means a professional landscape architect; (17) "practice of landscape architecture" (A) means, except as provided in (B) of this paragraph, consultative, investigative, reconnaissance, research, planning, design, and preparation services relating to drawings and construction documents, observation of construction, and location, arrangement, and design of incidental and necessary tangible objects and features for the purpose of (i) preservation and enhancement of land uses and natural land features; (ii) location and construction of aesthetically pleasing and functional approaches for structures, roadways, and walkways; (iii) establishing or maintaining trails, plantings, landscape irrigation, landscape lighting, and landscape grading; or 1994-04-29 Senate Journal Page 4167 SB 320 (iv) generalized planning of the development of land areas in a manner that is sensitive to the area's natural and cultural resources; (B) does not include revegetation, restoration, reclamation, rehabilitation, or erosion control on land disturbed by mining activities or oil and gas exploration, production, or transportation activities; (18) "professional landscape architect" means a person registered as a professional landscape architect by the board. * Sec. 35. AS08.48.351 is amended to read: Sec. 08.48.351. SHORT TITLE. This chapter may be cited as the Architects, Engineers, [AND] Land Surveyors, and Landscape Architects Registration Act. * Sec. 36. AS14.43.310(b) is amended to read: (b) To assist the administering authority in selecting eligible applicants for award of each of the memorial scholarship loans under AS14.43.250 - 14.43.325 and in reviewing the memorial scholarship loan program, the following advisory committees are established: (1) three Alaska state troopers, each one to be selected from and to represent a state trooper region of the state by the regional commander to serve for three years, for the Michael Murphy memorial scholarship; (2) three members of the Governor's Commission on the Administration of Justice selected annually by the commission from among its membership, for the Carroll L. "Butch" Swartz memorial scholarship; (3) three members of the state Board of Registration for Architects, Engineers, [AND] Land Surveyors, and Landscape Architects selected annually by the board from among its engineer members, for the Harvey Golub memorial scholarship; and (4) three members of the state Board of Education, or of the staff of the Department of Education, or any combination of these, selected annually by the board, for the Robert L. Thomas memorial scholarship. 1994-04-29 Senate Journal Page 4168 SB 320 * Sec. 37. AS44.62.330(a)(4) is amended to read: (4) State Board of Registration for Architects, Engineers, [AND] Land Surveyors, and Landscape Architects; * Sec. 38. TERMS OF NEW MEMBERS. Notwithstanding AS08.01.035, the initial term of the new nonvoting member appointed under AS08.48.011(b), as amended by sec.3 of this Act, is one year. * Sec. 39. TRANSITION. Notwithstanding this Act, a person may practice landscape architecture without a certificate of registration issued under AS08.48 until 60 days after the first examination for landscape architects administered in the state under AS08.48.181, as amended by this Act, has been graded." Senator Little moved for the adoption of Amendment No. 1. Senator Leman objected. Senator Leman offered amendment to Amendment No. 1: Delete "Secs. 1, 2, 31, 35, 36, 37" *Sec. 3., lines 3 and 4: Delete "and landscape architects" Senator Leman moved and asked unanimous consent for the adoption of amendment to Amendment No. 1. Senator Kelly objected, then withdrew his objection. There being no further objections, amendment to Amendment No. 1 was adopted. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: CSSB 320(FIN) Second Reading Amendment No. 1 as amended YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp, Zharoff 1994-04-29 Senate Journal Page 4169 SB 320 Nays: Halford, Jacko, Phillips, Taylor and so, Amendment No. 1 as amended was adopted. Senator Taylor offered Amendment No. 2 : Page 3, line 31, after "AS 14.48.210" Insert "; (10) an officer or employee of a political subdivision or public corporation, which officer or employee practices architecture, engineering, or land surveying when required by that person's official capacity or work duties connected with that person's employment, if the political subdivision or public corporation is not engaged in the business of offering architectural, engineering, or land surveying services to the public" Senator Taylor moved for the adoption of Amendment No. 2. Senator Leman objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 320(FIN) am Second Reading Amendment No. 2 YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Miller, Pearce, Rieger, Sharp, Taylor, Zharoff Nays: Adams, Ellis, Leman, Lincoln, Little, Phillips, Salo and so, Amendment No. 2 was adopted. Senator Rieger offered Amendment No. 3 : Page 3, line 29: Delete "or" [,] Insert "," 1994-04-29 Senate Journal Page 4170 SB 320 Delete "[, OR LAND SURVEYING] Insert ", or land surveying" Page 4, lines 2 & 3: Delete "the teaching of land surveying courses at an institution of higher learning, or" Senator Rieger moved for the adoption of Amendment No. 3. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 320(FIN) am Second Reading Amendment No. 3 YEAS: 10 NAYS: 9 EXCUSED: 0 ABSENT: 1 Yeas: Frank, Halford, Jacko, Kelly, Kerttula, Miller, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Leman, Lincoln, Little, Salo, Zharoff Absent: Pearce and so, Amendment No. 3 was adopted. Senator Rieger offered Amendment No. 4 : Page 1, line 4: Delete "deleting teachers of postsecondary land surveying courses from a registration exemption" Senator Rieger moved and asked unanimous consent for the adoption of Amendment No. 4. Without objection, Amendment No. 4 was adopted. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 320(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. 1994-04-29 Senate Journal Page 4171 SB 320 CS FOR SENATE BILL NO. 320(FIN) am was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 320(FIN) am "An Act relating to membership on the Board of Registration for Architects, Engineers, and Land Surveyors; relating to registration by the board; clarifying the meaning of practicing or offering to practice architecture, engineering, or land surveying; relating to registration of landscape architects; and amending the definition of `practice of land surveying'" pass the Senate?" The roll was taken with the following result: CSSB 320(FIN) am Third Reading - Final Passage YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Kelly, Kerttula, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp Nays: Halford, Jacko, Leman, Taylor, Zharoff and so, CS FOR SENATE BILL NO. 320(FIN) am passed the Senate. Senator Zharoff gave notice of reconsideration. SECOND READING OF HOUSE BILLS HB 365 HOUSE BILL NO. 365 "An Act extending the termination date of the Board of Barbers and Hairdressers; and providing for an effective date" was read the second time. Senator Duncan called the Senate. The call was satisfied. Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 365 be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 365 was read the third time. 1994-04-29 Senate Journal Page 4172 HB 365 The question being: "Shall HOUSE BILL NO. 365 "An Act extending the termination date of the Board of Barbers and Hairdressers; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 365 Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Kelly changed from "Nay" to "Yea". and so, HOUSE BILL NO. 365 passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. HOUSE BILL NO. 365 was signed by the President and Secretary and returned to the House. HB 442 CS FOR HOUSE BILL NO. 442(FIN) "An Act relating to criminal justice information; providing procedural requirements for obtaining certain criminal justice information; and providing for an effective date" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 4071. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 442(FIN) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 442(FIN) was read the second time. 1994-04-29 Senate Journal Page 4173 HB 442 Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 442(FIN) be considered engrossed, advanced to third reading and placed on final passage. Senator Adams objected. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 442(FIN) be advanced to third reading?" The roll was taken with the following result: SCS CSHB 442(FIN) Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Kelly changed from "Yea" to "Nay". and so, the bill was not advanced to third reading. THIRD READING OF SENATE BILLS SB 56 CS FOR SENATE BILL NO. 56(FIN) "An Act relating to repayment of money appropriated from the budget reserve fund" was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 56(FIN) "An Act relating to repayment of money appropriated from the budget reserve fund" pass the Senate?" The roll was taken with the following result: CSSB 56(FIN) Third Reading - Final Passage YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 1994-04-29 Senate Journal Page 4174 SB 56 Yeas: Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Salo, Zharoff Halford changed from "Nay" to "Yea". and so, CS FOR SENATE BILL NO. 56(FIN) failed. Senator Kelly gave notice of reconsideration. SB 101 CS FOR SENATE BILL NO. 101(FIN)(title am) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 101(FIN)(title am) "An Act relating to interim assistance under the adult public assistance program; requiring the Department of Health and Social Services to consult with the Department of Education in order to develop an application process and disability determination system to implement the adult public assistance program" pass the Senate?" The roll was taken with the following result: CSSB 101(FIN)(TITLE AM) Third Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Donley changed from "Yea" to "Nay". Jacko changed from "Nay" to "Yea". and so, CS FOR SENATE BILL NO. 101(FIN)(title am) passed the Senate. Senator Donley gave notice of reconsideration. 1994-04-29 Senate Journal Page 4175 SB 339 CS FOR SENATE BILL NO. 339(RES) was read the third time. Senator Duncan moved and asked unanimous consent that CS FOR SENATE BILL NO. 339(RES) be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Senator Frank objected. The question being: "Shall CS FOR SENATE BILL NO. 339(RES) be returned to second reading?" The roll was taken with the following result: CSSB 339(RES) Return to Second for Specific Amendment No. 1 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Phillips, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor and so, the bill was not returned to second reading. The question being: "Shall CS FOR SENATE BILL NO. 339(RES) "An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 339(RES) Third Reading - Final Passage Effective Date YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff 1994-04-29 Senate Journal Page 4176 SB 339 and so, CS FOR SENATE BILL NO. 339(RES) passed the Senate. Senator Taylor moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 339(RES) Effective Date Vote YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Little, Salo, Zharoff and so, the effective date clause failed. Senator Duncan gave notice of reconsideration. THIRD READING OF HOUSE BILLS HB 333 CS FOR HOUSE BILL NO. 333(RES) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 333(RES) "An Act amending the Alaska Land Act to define the term `state selected land' for the purpose of recognizing mining locations, and giving retrospective effect to the amendment; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 333(RES) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff 1994-04-29 Senate Journal Page 4177 HB 333 and so, CS FOR HOUSE BILL NO. 333(RES) 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 HOUSE BILL NO. 333(RES) was signed by the President and Secretary and returned to the House. HOUSE BILLS IN THIRD READING HB 49 SENATE CS FOR CS FOR HOUSE BILL NO. 49(STA) "An Act relating to absentee voting, to electronic transmission of absentee ballot applications, to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term `state election' for purposes of absentee voting; and providing for an effective date" which had been held on reconsideration (page 4087) was before the Senate. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 49(STA) be held in third reading on reconsideration to the May 2 calendar. Without objection, it was so ordered. HB 323 SENATE CS FOR CS FOR HOUSE BILL NO. 323(STA) "An Act relating to requests for anatomical gifts and to the release of certain information for the purpose of facilitating anatomical gifts" which had been held on reconsideration (page 4087) was before the Senate. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 323(STA) be held in third reading on reconsideration to the May 2 calendar. Without objection, it was so ordered. 1994-04-29 Senate Journal Page 4178 SECOND READING OF SENATE RESOLUTIONS SJR 36 SENATE JOINT RESOLUTION NO. 36 Proposing amendments to the Constitution of the State of Alaska requiring that candidates for governor and candidates for lieutenant governor receive more than 50 percent of the votes cast to be elected and changing the term of office of the governor and the lieutenant governor, was read the second time. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 3340. Without objection, CS FOR SENATE JOINT RESOLUTION NO. 36(JUD) Proposing amendments to the Constitution of the State of Alaska requiring a runoff election when the candidates for governor and lieutenant governor obtaining the greatest number of votes at the general election do not receive more than 40 percent of the votes cast, and changing the term of office of the governor and the lieutenant governor, was adopted. CS FOR SENATE JOINT RESOLUTION NO. 36(JUD) was read the second time. Senator Zharoff moved and asked unanimous consent that his name be withdrawn as a co-sponsor on CS FOR SENATE JOINT RESOLUTION NO. 36(JUD). Without objection, it was so ordered. SECOND READING OF HOUSE RESOLUTIONS HJR 50 CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) Relating to the North Pacific Fishery Management Council comprehensive rationalization plan, was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) was read the third time. 1994-04-29 Senate Journal Page 4179 HJR 50 Senators Little, Leman, Zharoff, Jacko, Taylor, Salo moved and asked unanimous consent that they be shown as cross sponsors on the resolution. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) Relating to the North Pacific Fishery Management Council comprehensive rationalization plan, pass the Senate?" The roll was taken with the following result: CSHJR 50(RES) Third Reading - Final Passage YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Ellis and so, CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) passed the Senate. Senator Ellis gave notice of reconsideration. CITATIONS Honoring - Pamela Kott, 1993 Miss Chugiak-Eagle River by Representative(s) Willis Senator(s) Halford, Zharoff, Duncan, Kelly, Pearce, Lincoln, Sharp, Leman Honoring - Trajan Shaka Langdon, Outstanding Achievements by Representative(s) B. Davis Senator(s) Kelly, Zharoff, Little, Ellis, Duncan, Pearce, Lincoln, Donley, Leman, Adams Honoring - Ron Gleason by Representative(s) Ulmer, Hudson Senator(s) Duncan, Zharoff, Little, Pearce, Lincoln, Leman 1994-04-29 Senate Journal Page 4180 Honoring - National Canine Good Citizen Awareness Month by Representative(s) Ulmer, Hudson Senator(s) Duncan, Zharoff, Pearce, Lincoln Honoring - The American Legion, Department of Alaska, 75th Anniversary by Representative(s) Mulder, Willis Senator(s) Little, Phillips, Zharoff, Ellis, Duncan, Kelly, Pearce, Lincoln, Sharp, Donley, Leman Honoring - Captain Max R. Miller, Jr., United States Coast Guard Commanding Officer, Western Alaska Port and Marine Safety Office by Senator(s) Salo, Zharoff, Duncan, Pearce, Lincoln, Leman Representative(s) Navarre, Green Honoring - Sergeant Lyle Haugsven by Senator(s) Adams, Zharoff, Duncan, Pearce, Lincoln Representative(s) MacLean Honoring - Alaska Sweet Adelines by Senator(s) Salo, Leman, Zharoff, Little, Ellis, Duncan, Kelly, Pearce, Lincoln, Sharp, Donley Honoring - Master Sergeant Marvin Jackson, Citizen of the Year by Senator(s) Leman, Zharoff, Duncan, Pearce, Donley Representative(s) Martin, Kott In Memoriam - Sergeant Major Charles T. Phillips by Representative(s) B. Davis Senator(s) Kelly, Zharoff, Duncan, Pearce, Lincoln, Donley, Leman 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. SPECIAL COMMITTEE REPORTS SB 54 The consideration of CONFERENCE CS FOR SENATE BILL NO. 54 "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to 1994-04-29 Senate Journal Page 4181 SB 54 juvenile records, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date" which had been moved to the bottom of today's calendar (page 4111) was before the Senate. The question being: "Shall CONFERENCE CS FOR SENATE BILL NO. 54 pass the Senate?" The roll was taken with the following result: CCS SB 54 Adopt Conference Committee Report? Effective Date YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, CONFERENCE CS FOR SENATE BILL NO. 54 "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to juvenile records, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date" passed the Senate. 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: CCS SB 54 Effective Date Vote YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Ellis, Kerttula, Salo, Zharoff and so, the effective date clause was adopted. 1994-04-29 Senate Journal Page 4182 SB 54 The Secretary was requested to notify the House. CONFERENCE CS FOR SENATE BILL NO. 54 was referred to the Secretary for engrossment and enrollment. UNFINISHED BUSINESS MESSAGES FROM THE HOUSE SB 255 Message of April 29 was read stating, the House has failed to recede from its amendment to CS FOR SENATE BILL NO. 255(STA), namely: CS FOR SENATE BILL NO. 255(STA) am H "An Act establishing a comprehensive policy relating to human resource development in the state." The Speaker has appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the bills: Representative Sanders, Chair Representative Kott Representative Menard The President appointed the following members to a Conference Committee to meet with the like committee from the House to consider the bills: Senator Phillips, Chair Senator Leman Senator Zharoff The Secretary was requested to notify the House. 1994-04-29 Senate Journal Page 4183 UNFINISHED BUSINESS SB 166 Senator Pearce requested that the reconsideration on CS FOR SENATE BILL NO. 166(FIN) "An Act relating to registration of a motor vehicle and suspension of a driver's license for failure to appear in court or failure to pay a fine; and to municipal parking authorities" be taken up. SENATE BILLS IN THIRD READING SB 166 CS FOR SENATE BILL NO. 166(FIN) was before the Senate on reconsideration. Senator Pearce offered Title Amendment No. 1: Page 1, lines 2-3: Delete "and to municipal parking authorities" Insert "allowing a municipality to establish a parking authority and the powers and duties of a parking authority; prohibiting a municipal parking authority from enforcing parking restrictions except parking restrictions established by ordinance" Senator Pearce moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 166(FIN)(title am) "An Act relating to registration of a motor vehicle and suspension of a driver's license for failure to appear in court or failure to pay a fine; allowing a municipality to establish a parking authority and the powers and duties of a parking authority; prohibiting a municipal parking authority from enforcing parking restrictions except parking restrictions established by ordinance" pass the Senate?" The roll was taken with the following result: CSSB 166(FIN) Third Reading - On Reconsideration YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 1994-04-29 Senate Journal Page 4184 SB 166 Yeas: Adams, Donley, Ellis, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Duncan, Kerttula, Salo and so, CS FOR SENATE BILL NO. 166(FIN)(title am) passed the Senate on reconsideration. CS FOR SENATE BILL NO. 166(FIN)(title am) was referred to the Secretary for engrossment. UNFINISHED BUSINESS HB 454 Senator Duncan requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 454(RLS) "An Act making a supplemental appropriation to the Department of Law to pay costs of certain continuing legal proceedings; and providing for an effective date" be taken up at this time. HOUSE BILLS IN THIRD READING HB 454 SENATE CS FOR CS FOR HOUSE BILL NO. 454(RLS) was before the Senate in third reading on reconsideration. Senator Duncan moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 454(RLS) be held to the May 2 calendar. Without objection, it was so ordered. HB 491 Senator Taylor requested that the reconsideration on SENATE CS FOR HOUSE BILL NO. 491(STA) "An Act relating to reports by the Alaska Science and Technology Foundation" be taken up at this time. 1994-04-29 Senate Journal Page 4185 HOUSE BILLS IN THIRD READING HB 491 SENATE CS FOR HOUSE BILL NO. 491(STA) was before the Senate in third reading on reconsideration. Senator Taylor moved and asked unanimous consent that SENATE CS FOR HOUSE BILL NO. 491(STA) be held to the May 2 calendar. Without objection, it was so ordered. HB 331 Senator Pearce, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on HOUSE BILL NO. 331 am "An Act relating to claims on permanent fund dividends for defaulted public assistance overpayments." Without objection, it was so ordered. HOUSE BILL NO. 331 am was referred to the Rules Committee. SB 370 Senator Little requested that the reconsideration on CS FOR SENATE BILL NO. 370(FIN) "An Act providing an exemption from gambling laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining `cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; and providing for an effective date" be taken up. SENATE BILLS IN THIRD READING SB 370 CS FOR SENATE BILL NO. 370(FIN) was before the Senate on reconsideration. Senator Little moved and asked unanimous consent that the reconsideration be held to the May 2 calendar. Senator Taylor objected. Senator Kelly called the Senate, then lifted the call. 1994-04-29 Senate Journal Page 4186 SB 370 The question being: "Shall the reconsideration be held to the May 2 calendar?" The roll was taken with the following result: CSSB 370(FIN) Hold for Monday calendar? YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Halford, Kerttula, Leman, Lincoln, Little, Salo, Zharoff Nays: Duncan, Frank, Jacko, Kelly, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, the motion failed. Senator Adams moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 370(FIN) be held to the May 3 calendar. The question being: "Shall the reconsideration be held to the May 3 calendar?" The roll was taken with the following result: CSSB 370(FIN) Hold for Tuesday calendar YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Halford, Kerttula, Leman, Lincoln, Little, Salo, Zharoff Nays: Duncan, Ellis, Frank, Jacko, Kelly, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, the motion failed. 1994-04-29 Senate Journal Page 4187 SB 370 Senator Duncan moved that the Senate rescind its previous action in failing to hold the reconsideration on CS FOR SENATE BILL NO. 370(FIN) to the May 2 calendar. The question being: "Shall the Senate rescind its previous action?" The roll was taken with the following result: CSSB 370(FIN) Rescind action YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Halford, Kerttula, Leman, Lincoln, Little, Salo, Zharoff Nays: Frank, Jacko, Kelly, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, the Senate rescinded its previous action. The question being: "Shall the reconsideration be held to the May 2 calendar?" The roll was taken with the following result: CSSB 370(FIN) Hold for Monday calendar YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Halford, Kerttula, Leman, Lincoln, Little, Salo, Zharoff Nays: Frank, Jacko, Kelly, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, the reconsideration on the bill will be held to the May 2 calendar. 1994-04-29 Senate Journal Page 4188 HB 353 The reconsideration on HOUSE BILL NO. 353 "An Act repealing the requirement of an annual audit of the receipts and expenditures applicable to certain property managed under the Horizontal Property Regimes Act" was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 166 CS FOR SENATE BILL NO. 166(FIN)(title am) "An Act relating to registration of a motor vehicle and suspension of a driver's license for failure to appear in court or failure to pay a fine; allowing a municipality to establish a parking authority and the powers and duties of a parking authority; prohibiting a municipal parking authority from enforcing parking restrictions except parking restrictions established by ordinance" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 2, 1994. Without objection, the Senate adjourned at 8:55 p.m. Nancy Quinto Secretary of the Senate April 1994 1994-04-29 Senate Journal Page 4189 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 MAY 03 TUESDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 518 APR 29 FRIDAY 9:00 AM SB 363 APPROP: FY 95 CAPITAL PROJECTS AND GRANTS HB 351 PERMIT TO CARRY CONCEALED WEAPONS APR 30 SATURDAY 9:00 AM NO MEETING SCHEDULED MAY 01 SUNDAY 12:00 PM ***** AFTERNOON MEETING ***** *** TIME AND AGENDA TO BE ANNOUNCED *** ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 29 FRIDAY 1:30 PM *** CANCELLED - RESCHEDULED TO 04/30/94 *** BILLS PREVIOUSLY HEARD HB 409 AFDC DEMO PROJECT AND DECREASE <TELECONFERENCE ON ABOVE BILL> HJR 47 FUNDS TO UPGRADE MILITARY BASE SCHOOLS HB 506 STUDENT LOAN PROGRAM SB 346 REPORT CHARITABLE GAMING WINNERS 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 HJR 52 DETERMINING FEDERAL SHARE OF MEDICAID 1994-04-29 Senate Journal Page 4190 HEALTH, EDUCATION AND SOCIAL SERVICES CONTINUED APR 30 SATURDAY 2:00 PM BILLS PREVIOUSLY HEARD HB 409 AFDC DEMO PROJECT AND DECREASE HJR 47 FUNDS TO UPGRADE MILITARY BASE SCHOOLS HB 506 STUDENT LOAN PROGRAM SB 346 REPORT CHARITABLE GAMING WINNERS 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 HJR 52 DETERMINING FEDERAL SHARE OF MEDICAID HB 324 EXTEND BOARD OF DENTAL EXAMINERS ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 29 FRIDAY 4:00 PM ***** CANCELLED - RESCHEDULED TO 04/30/94 ***** ** TIME CHANGE ** BILLS PREVIOUSLY HEARD CONFIRMATION HEARING <TELECONFERENCE>: ..VIOLENT CRIMES COMPENSATION BOARD HB 334 SENTENCING;3RD SERIOUS FELONY OFFENDER HB 316 RULE AGAINST PERPETUITIES HB 277 INDEMNIFICATION OF PUBLIC EMPLOYEES <PENDING REFERRAL> HB 420 LIMITED LIABILITY COMPANIES <TELECONFERENCE ON ABOVE BILL> HB 445 DWI LAWS HB 214 DISCLOSURE OF MINOR'S RECORDS BY PARENT HB 362 CHILD SUPPORT:CRIMINAL/CIVIL REMEDIES HJR 43 RIGHTS OF CRIME VICTIMS APR 30 SATURDAY 10:30 AM CONFIRMATION HEARING: ..VIOLENT CRIMES COMPENSATION BOARD BILLS PREVIOUSLY HEARD HB 334 SENTENCING;3RD SERIOUS FELONY OFFENDER HB 316 RULE AGAINST PERPETUITIES HB 277 INDEMNIFICATION OF PUBLIC EMPLOYEES HB 420 LIMITED LIABILITY COMPANIES HB 445 DWI LAWS HB 214 DISCLOSURE OF MINOR'S RECORDS BY PARENT HB 362 CHILD SUPPORT:CRIMINAL/CIVIL REMEDIES HJR 43 RIGHTS OF CRIME VICTIMS ---------------------------------------- 1994-04-29 Senate Journal Page 4191 RESOURCES BUTROVICH ROOM 205 APR 29 FRIDAY 3:30 PM ****** CANCELLED ****** BILLS HELD OVER OR PREVIOUSLY HEARD HJR 55 TONGASS NATIONAL FOREST TIMBER HARVESTS HJR 56 EXEMPT ALASKA FROM "PACFISH" REGS HJR 59 WANTON WASTE OF FISH N.PACIFIC/BERING SEA HJR 61 COMMUNITY DEVELOPMENT FISHING QUOTAS HB 218 REPEAL 58 FT. LIMIT FOR SEINE VESSELS HB 232 BOW HUNTING STAMP & BOW HUNTING SAFETY HB 239 RAFFLE OR AUCTION OF BIG GAME PERMITS HB 462 MINING REQUIREMENTS:RECORDING/LABOR/SIZE APR 30 SATURDAY 11:00 PM ** NOTE DATE AND TIME CHANGES ** HJR 55 TONGASS NATIONAL FOREST TIMBER HARVESTS HJR 56 EXEMPT ALASKA FROM "PACFISH" REGS HJR 59 WANTON WASTE OF FISH N.PACIFIC/BERING SEA HJR 61 COMMUNITY DEVELOPMENT FISHING QUOTAS HB 218 REPEAL 58 FT. LIMIT FOR SEINE VESSELS HB 232 BOW HUNTING STAMP & BOW HUNTING SAFETY HB 239 RAFFLE OR AUCTION OF BIG GAME PERMITS HB 266 ELIGIBILITY FOR GUIDE-OUTFITTER LICENSE HB 462 MINING REQUIREMENTS:RECORDING/LABOR/SIZE HB 443 FISH & WILDLIFE CONFIDENTIAL RECORDS <PENDING REFERRAL> HB 398 LAND CONVEYED TO & FROM MUNICIPALITIES SB 375 GENERAL GRANT LAND ENTITLEMENTS HB 446 ENVIRONMENTAL CONSERVATION AGREEMENTS HB 448 WASTE & USE OF SALMON; HATCHERIES ---------------------------------------- RULES FAHRENKAMP ROOM 203 APR 30 SATURDAY 10:00 AM HJR 60 AMEND US CONSTIT. TO LIMIT FED. COURTS HB 78 TESTIMONY OF MINORS IN CRIMINAL TRIALS HB 79 DAMAGE TO PROPERTY BY MINORS HB 153 GOOD TIME: PT. MACKENZIE REHAB PROJECT HB 180 AHFC HOUSING INSPECTION REQUIREMENTS HB 191 CONTRACTOR OPERATED STATE HATCHERIES HB 299 DRIVER'S LIC REVOCATION;ALCOHOL/DRUGS HB 313 IMPOSITION/REVOCATION,SUSPENDED SENTENCES HB 373 PERMANENT FUND INVESTMENTS IN REAL ESTATE HB 386 RETIREMENT RTS:HRLY LEGISLATIVE EMPLOYEES HB 394 UNIFORM LIMITED PARTNERSHIP ACT UPDATE HB 410 REAL ESTATE APPRAISERS HB 429 SPECIAL EDUCATION SERVICE AGENCY HB 518 EXTEND ALASKA BAR ASSOCIATION 1994-04-29 Senate Journal Page 4192 RULES CONTINUED SB 21 MISC. GRANDPARENT VISITATION RIGHTS HB 249 ELECTRICAL/MECHANICAL TRADESPERSONS <SUBSTANTIVE HEARING ON ABOVE BILL> ---------------------------------------- STATE AFFAIRS BUTROVICH ROOM 205 APR 29 FRIDAY 9:00 AM BILLS PREVIOUSLY HEARD OTHER COMMITTEES MAJORITY CAUCUS APR 29 FRIDAY 1:30 PM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 APR 29 FRIDAY 1:30 PM MINORITY CAUCUS APR 29 FRIDAY 5:40 PM MINORITY CAUCUS ---------------------------------------- CONFERENCE COMMITTEE ON HB 370 SENATE FINANCE 518 APR 29 FRIDAY 3:00 PM ****** CANCELLED ****** HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET APR 30 SATURDAY 10:30 AM SB 255 STATE POLICY ON HUMAN RESOURCE DEVELOPMT APR 30 SATURDAY 3:00 PM HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET ..DEPT OF ENVIRONMENTAL CONSERVATION ..DEPT OF COMMUNITY & REGIONAL AFFAIRS ..DEPT OF TRANSPORTATION & PUBLIC FACILITIES ..DEPT OF REVENUE MAY 01 SUNDAY 3:00 PM HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET MAY 02 MONDAY 8:00 AM HB 407 COMMEMORATIVE GOLD RUSH LICENSE PLATES 1994-04-29 Senate Journal Page 4193 CONFERENCE COMMITTEE ON HB 370 MAY 02 MONDAY 3:00 PM HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET