Legislature(1993 - 1994)

1994-05-03 Senate Journal

Full Journal pdf

1994-05-03                     Senate Journal                      Page 4265
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    EIGHTEENTH LEGISLATURE - SECOND SESSION                    
                                                                               
                                                                               
Juneau, Alaska                      Tuesday                May 3, 1994         
                                                                               
                           One Hundred Fourteenth Day                          
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Halford at 11:41 a.m.                                                          
                                                                               
The roll showed nineteen members present.  Senator Kelly was                   
absent.                                                                        
                                                                               
The prayer was offered by the Chaplain, Pastor Mike Rose of the                
Bethel Assembly of God.                                                        
                                                                               
Senator Salo led the Senate in the pledge of allegiance.                       
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journal              
for the one hundred thirteenth legislative day be approved as                  
certified by the Secretary.  Senator Duncan objected.                          
                                                                               
Senator Duncan called the Senate, then lifted the call.                        
                                                                               
Senator Duncan withdrew his objection.  There being no further                 
objections, the journal was approved as certified.                             
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
SB 213                                                                       
Senator Pearce requested that the reconsideration on CS FOR                    
SENATE BILL NO. 213(FIN) am "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"           
be taken up.                                                                   
                                                                               
                                      4265                                     

1994-05-03                     Senate Journal                      Page 4266
                        SENATE BILLS IN THIRD READING                        
                                                                             
SB 213                                                                       
CS FOR SENATE BILL NO. 213(FIN) am was before the Senate                       
on reconsideration.                                                            
                                                                               
The question to be reconsidered: "Shall CS FOR SENATE BILL                     
NO. 213(FIN) am "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" pass the         
Senate?"  The roll was taken with the following result:                        
                                                                               
CSSB 213(FIN) am                                                               
Third Reading - On Reconsideration                                             
                                                                               
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) am passed the                          
Senate on reconsideration.                                                     
                                                                               
Senator Taylor moved the effective date clause.                                
                                                                               
The question being:  "Shall the effective date clause be adopted?"             
The roll was taken with the following result:                                  
                                                                               
CSSB 213(FIN) am                                                               
Effective Date Vote                                                            
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Ellis, Frank, Halford, Jacko, Kelly, Leman, Miller,             
Pearce, Phillips, Rieger, Sharp, Taylor                                        
                                                                               
Nays:  Adams, Duncan, Kerttula, Lincoln, Little, Salo, Zharoff                 
                                                                               
Zharoff changed from "Yea" to "Nay".                                           
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4267
SB 213                                                                       
and so, the effective date clause failed.                                      
                                                                               
CS FOR SENATE BILL NO. 213(FIN) am(efd fld) was referred to                    
the Secretary for engrossment.                                                 
                                                                               
                                                                               
                           MESSAGES FROM THE HOUSE                           
                                                                               
SB 249                                                                       
Message of May 2 was read, stating the House passed and returned:              
                                                                               
CS FOR SENATE BILL NO. 249(HES) am                                            
"An Act relating to assisted living homes; relating                           
to the conversion of an assisted living home to a                              
nursing home; repealing references to residential                              
facilities for dependent adults; abolishing the                                
authority of certain municipalities to license or                              
supervise institutions caring for dependent adults;                            
and providing for an effective date."                                          
                                                                               
CS FOR SENATE BILL NO. 249(HES) am was referred to the                         
Secretary for enrollment.                                                      
                                                                               
SB 349                                                                       
Message of May 2 was read, stating the House passed CS FOR                     
SENATE BILL NO. 349(JUD) with the following amendment:                         
                                                                               
Page 2, line 26:                                                               
	After: "officer"                                                          
	Insert: "involved in the investigation"                                   
                                                                               
Page 2, line 29:                                                               
	Delete: "."                                                               
	Insert:  "; and"                                                          
                                                                               
following line 29:                                                             
	Insert:  "(iii) additional evidence is introduced to                        
corroborate the statement."                                                  
                                                                               
and so,                                                                        
                                                                               

1994-05-03                     Senate Journal                      Page 4268
SB 349                                                                       
CS FOR SENATE BILL NO. 349(JUD) am H                                          
"An Act amending Alaska Rule of Criminal                                      
Procedure 6(r) relating to admissibility of hearsay                            
evidence by peace officers before the grand jury."                             
                                                                               
is returned for consideration.                                                 
                                                                               
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. 349(JUD) am H?"  The                       
roll was taken with the following result:                                      
                                                                               
CSSB 349(JUD) am H                                                             
Shall the Senate Concur in the House                                           
Amendment to CSSB 349(JUD)?                                                    
Court Rule                                                                     
                                                                               
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman,           
Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor,        
Zharoff                                                                        
                                                                               
Nays:  Adams, Duncan                                                           
                                                                               
and so, the Senate concurred in the House amendment, thus passing              
CS FOR SENATE BILL NO. 349(JUD) am H "An Act amending                          
Alaska Rule of Criminal Procedure 6(r) relating to admissibility of            
hearsay evidence by peace officers before the grand jury."                     
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the court rule               
change.  Without objection, it was so ordered.                                 
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
CS FOR SENATE BILL NO. 349(JUD) am H was referred to the                       
Secretary for enrollment.                                                      
                                                                               

1994-05-03                     Senate Journal                      Page 4269
Message of May 2 was read, stating the House passed and                        
transmitted for consideration:                                                 
                                                                               
                  FIRST READING AND REFERENCE OF HOUSE BILLS                 
                                                                               
HB 456                                                                       
HOUSE BILL NO. 456 am BY THE HOUSE RULES COMMITTEE                             
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
"An Act making appropriations to satisfy the                                  
agreed-upon monetary terms of certain collective                               
bargaining agreements for certain public employees;                            
and providing for an effective date."                                          
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
HB 510                                                                       
HOUSE BILL NO. 510 BY THE HOUSE RULES COMMITTEE                                
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
"An Act making appropriations to satisfy the                                  
agreed-upon monetary terms of a collective                                     
bargaining agreement for certain employees of the                              
University of Alaska; and providing for an effective                           
date."                                                                         
                                                                               
was read the first time and referred to the Health, Education and              
Social Services and Finance Committees.                                        
                                                                               
                                                                               
                          STANDING COMMITTEE REPORTS                         
                                                                               
SB 244                                                                     
The Labor and Commerce Committee considered SENATE BILL                        
NO. 244 "An Act relating to investments of the permanent fund in               
certain limited partnerships each of whose principal purpose is                
investment in securities of public or private companies; and                   
providing for an effective date" and recommended it be replaced                
with                                                                           
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4270
SB 244                                                                       
CS FOR SENATE BILL NO. 244(L&C), entitled:                                    
"An Act relating to equity investments of the                                 
permanent fund; and providing for an effective                                 
date."                                                                         
                                                                               
Signing no recommendation: Senator Kelly, Chair, Senators Lincoln,             
Salo.  Signing do pass: Senator Rieger.  Signing do not pass:                  
Senator Sharp.                                                                 
                                                                               
Previous fiscal note applies to the committee substitute.                      
                                                                               
SENATE BILL NO. 244 was referred to the Judiciary Committee.                   
                                                                               
SB 279                                                                       
Forthcoming fiscal note for the bill and the Judiciary Committee               
Substitute for SENATE BILL NO. 279 "An Act relating to operating               
or driving a motor vehicle, commercial motor vehicle, aircraft, or             
watercraft" and zero fiscal note for the committee substitute                  
published today from Department of Public Safety.                              
                                                                               
HB 128                                                                       
The Finance Committee considered CS FOR SPONSOR                                
SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) "An Act relating                        
to paternity determinations and acknowledgements."  Signing do                 
pass: Senator Pearce, Cochair, Senators Kelly, Jacko.  Signing no              
recommendation: Senator Frank, Cochair, Senators Sharp, Kerttula,              
Rieger.                                                                        
                                                                               
Previous House zero fiscal note and previous fiscal note.                      
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                   
128(FIN) was referred to the Rules Committee.                                  
                                                                               
HB 232                                                                       
The Finance Committee considered HOUSE BILL NO. 232 "An Act                    
relating to a bow hunting tag and bow hunting safety; and providing            
for an effective date" and recommended the Resources Senate                    
Committee Substitute offered on page 4217 be adopted.  Signing do              
pass: Senator Pearce, Cochair, Senators Sharp, Jacko.  Signing no              
recommendation: Senators Kelly, Rieger, Kerttula.                              
                                                                               

1994-05-03                     Senate Journal                      Page 4271
HB 232                                                                       
Previous fiscal note.                                                          
                                                                               
HOUSE BILL NO. 232 was referred to the Rules Committee.                        
                                                                               
HB 234                                                                       
The Health, Education and Social Services Committee considered                 
HOUSE BILL NO. 234 "An Act relating to endowments and                          
donations of the University of Alaska and the University of Alaska             
endowment trust fund; and providing for an effective date."  Signing           
do pass: Senator Rieger, Chair, Senators Miller, Ellis, Leman, Salo.           
                                                                               
Previous House fiscal note and zero fiscal note.                               
                                                                               
HOUSE BILL NO. 234 was referred to the Finance Committee.                      
                                                                               
HB 239                                                                       
Fiscal note for the Resources Senate Committee Substitute (page                
4217) and CS FOR HOUSE BILL NO. 239(RES) am "An Act                            
relating to raffles and auctions of certain permits to take big game;          
and providing for an effective date" published today from                      
Department of Fish and Game.                                                   
                                                                               
The Finance Committee considered CS FOR HOUSE BILL NO.                         
239(RES) am "An Act relating to raffles and auctions of certain                
permits to take big game; and providing for an effective date" and             
recommended that the Resources Senate Committee Substitute offered             
on page 4217 be adopted.  Signing do pass: Senators Frank, Pearce,             
Cochairs, Senators Sharp, Rieger, Kelly, Jacko.  Signing no                    
recommendation: Senator Kerttula.                                              
                                                                               
Previous fiscal note.                                                          
                                                                               
CS FOR HOUSE BILL NO. 239(RES) am was referred to the Rules                    
Committee.                                                                     
                                                                               
HB 266                                                                       
The Resources Committee considered CS FOR HOUSE BILL NO.                       
266(L&C) "An Act relating to guide-outfitter and master                        
guide-outfitter licenses; extending the termination date of the Big            
Game Commercial Services Board; and providing for an effective                 
date" and recommended it be replaced with                                      

1994-05-03                     Senate Journal                      Page 4272
HB 266                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
266(RES)                                                                       
                                                                               
Signing do pass: Senator Miller, Chair, Senator Leman.  Signing no             
recommendation: Senators Adams, Zharoff, Donley, Pearce.  Senator              
Donley further signed: no good reasons given for repeal of insurance           
requirements.                                                                  
                                                                               
Previous House zero fiscal note applies to the Senate Committee                
Substitute.                                                                    
                                                                               
CS FOR HOUSE BILL NO. 266(L&C) was referred to the Judiciary                   
Committee.                                                                     
                                                                               
HB 328                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
328(FIN) "An Act allowing motor vehicle registration and licensing             
fees to be paid by credit card" and recommended it be replaced with            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
328(FIN)                                                                       
                                                                               
Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly,             
Jacko, Rieger, Sharp.  Signing no recommendation: Senator Kerttula.            
                                                                               
Fiscal note information forthcoming.                                           
                                                                               
CS FOR HOUSE BILL NO. 328(FIN) was referred to the Rules                       
Committee.                                                                     
                                                                               
HB 342                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
342(FIN) am "An Act relating to the Alaska Tourism Marketing                   
Council; increasing to at least 25 percent the share of the council's          
expenses that must be paid through contributions by an association             
that contracts to jointly manage the council; required disclosures in          
promotions on board tourism cruise ships; and providing for an                 
effective date" and recommended it be replaced with                            
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4273
HB 342                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
342(FIN)                                                                       
                                                                               
Signing do pass: Senators Frank, Pearce, Cochairs, Senator Rieger.             
Signing no recommendation: Senators Sharp, Kelly, Jacko, Kerttula.             
                                                                               
Previous House zero fiscal note applies to the Senate Committee                
Substitute.                                                                    
                                                                               
CS FOR HOUSE BILL NO. 342(FIN) am was referred to the Rules                    
Committee.                                                                     
                                                                               
HB 392                                                                       
Fiscal note for the Finance Senate Committee Substitute for CS FOR             
HOUSE BILL NO. 392(FIN) am "An Act relating to the                             
confidentiality of permanent fund dividend application information;            
relating to the permanent fund dividend program; and providing for             
an effective date" published today from Alaska Court System.  Zero             
fiscal note for the Finance Senate Committee Substitute published              
today from Department of Corrections.                                          
                                                                               
HB 398                                                                       
The Resources Committee considered CS FOR HOUSE BILL NO.                       
398(RES) "An Act relating to conveyance of certain land to                     
municipalities" and recommended it be replaced with                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
398(RES)                                                                       
                                                                               
Signing do pass: Senator Miller, Chair, Senators Leman, Adams,                 
Pearce.                                                                        
                                                                               
Previous House zero fiscal note applies to the Senate Committee                
Substitute.                                                                    
                                                                               
CS FOR HOUSE BILL NO. 398(RES) was referred to the Rules                       
Committee.                                                                     
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4274
HB 412                                                                       
The Health, Education and Social Services Committee considered CS              
FOR HOUSE BILL NO. 412(HES) am "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."  Signing no                  
recommendation: Senator Rieger, Chair, Senators Miller, Ellis, Salo.           
Signing do pass: Senator Leman.                                                
                                                                               
Previous House fiscal note.                                                    
                                                                               
CS FOR HOUSE BILL NO. 412(HES) am was referred to the                          
Finance Committee.                                                             
                                                                               
HB 443                                                                       
The Resources Committee considered CS FOR HOUSE BILL NO.                       
443(RES) am(efd fld) "An Act relating to the confidentiality of                
certain records relating to fish and wildlife."  Signing do pass:              
Senator Miller, Chair, Senators Leman, Pearce.  Signing no                     
recommendation: Senator Donley.                                                
                                                                               
Previous House zero fiscal note.                                               
                                                                               
CS FOR HOUSE BILL NO. 443(RES) am(efd fld) was referred to                     
the Rules Committee.                                                           
                                                                               
HB 445                                                                       
Forthcoming fiscal notes (page 4223) for the Judiciary Senate                  
Committee Substitute for HOUSE BILL NO. 445 am "An Act                         
relating to administrative or court revocation of a driver's license           
resulting from operation of a motor vehicle, commercial motor                  
vehicle, or aircraft; relating to chemical testing of a person's breath,       
urine, or blood if the person is involved in a motor vehicle accident          
that causes death or serious physical injury; relating to definitions          
applicable to commercial motor vehicle laws; relating to chemical              
testing of a person's breath, urine, or blood without the person's             
consent; and relating to the use in a civil or criminal action of the          
refusal of a person to submit to a chemical test" published today              
from Department of Law, Department of Administration.                          
Forthcoming zero fiscal note for the Judiciary Senate Committee                
Substitute published today from Department of Administration.                  
                                                                               

1994-05-03                     Senate Journal                      Page 4275
HB 446                                                                       
The Resources Committee considered HOUSE BILL NO. 446 "An                      
Act relating to community agreements for environmental conservation            
purposes; and providing for an effective date"  and recommended it             
be replaced with                                                               
                                                                               
SENATE CS FOR HOUSE BILL NO. 446(RES)                                         
                                                                               
Signing no recommendation: Senator Miller, Chair, Senators Adams,              
Zharoff, Frank.  Signing do pass: Senator Pearce.                              
                                                                               
Previous House zero fiscal note applies to the Senate Committee                
Substitute.                                                                    
                                                                               
HOUSE BILL NO. 446 was referred to the Rules Committee.                        
                                                                               
HB 448                                                                       
The Resources Committee considered CS FOR HOUSE BILL NO.                       
448(RES) "An Act relating to waste and use of salmon and parts of              
salmon; relating to permits for and operation of a salmon hatchery;            
and providing for an effective date" and recommended it be replaced            
with                                                                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
448(RES)                                                                       
                                                                               
and further attaches a Resources Committee Letter of Intent.                   
                                                                               
Signing no recommendation: Senator Miller, Chair, Senators Leman,              
Frank, Pearce.  Signing do pass: Senators Adams, Donley.                       
                                                                               
                                Letter of Intent                               
                                      for                                      
                     SCS for CS for HOUSE BILL NO. 448(RES)                    
                                                                               
It is the intent of the Legislature that regulations                          
adopted by the Department of Fish and Game                                     
implementing this legislation set out standards which                          
must be met before a permit is issued for roe                                  
harvest as authorized by SCS CSHB 448(RES).                                    
These  standards  shall include assurances that there                          
                                                                               

1994-05-03                     Senate Journal                      Page 4276
HB 448                                                                       
are no other feasible options for utilization of                              
salmon prior to the issuance of a permit for                                   
harvesting roe.                                                                
                                                                               
It is also the intent of the Legislature that hatchery                        
operators explore all options for utilizing the                                
maximum amount of the carcasses of all returning                               
fish.                                                                          
                                                                               
Previous House zero fiscal note applies to the Senate Committee                
Substitute.                                                                    
                                                                               
CS FOR HOUSE BILL NO. 448(RES) was referred to the Rules                       
Committee.                                                                     
                                                                               
HCR 32                                                                       
The Rules Committee considered HOUSE CONCURRENT                                
RESOLUTION NO. 32 Establishing the Joint Task Force on Military                
Bases in Alaska.  Signing to calendar: Senator Halford, Chair,                 
Senators Rieger, Zharoff, Jacko.                                               
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 32 is on today's                               
calendar.                                                                      
                                                                               
HB 78                                                                        
The Rules 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 to calendar: Senator            
Halford, Chair, Senators Little, Rieger, Zharoff, Jacko.                       
                                                                               
Zero fiscal notes published today from Department of Administration            
(2), Department of Public Safety, Department of Law.                           
                                                                               
HOUSE BILL NO. 78 is on today's calendar.                                      
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4277
HB 222                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
222(FIN) "An Act relating to landlords and tenants and to the                  
applicability of the Uniform Residential Landlord and Tenant Act, to           
termination of tenancies and recovery of rental premises, to tenant            
responsibilities, and to the civil remedies of forcible entry and              
detainer and nuisance abatement; and amending Rule 62(a) of the                
Alaska Rules of Civil Procedure and Rule 24(a) of the Alaska                   
District Court Rules of Civil Procedure."  Signing to calendar:                
Senator Halford, Chair, Senators Rieger, Jacko.  Signing no                    
recommendation: Senator Zharoff.                                               
                                                                               
CS FOR HOUSE BILL NO. 222(FIN) is on today's calendar.                         
                                                                               
HB 299                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
299(FIN) am "An Act relating to revocation of a driver's license for           
illegal possession or use of a controlled substance or illegal                 
possession or consumption of alcohol by a person at least 14 but not           
yet 21 years of age; to fees for reinstatement of a driver's license;          
and providing for an effective date."  Signing to calendar: Senator            
Halford, Chair, Senators Little, Zharoff, Rieger, Jacko.                       
                                                                               
CS FOR HOUSE BILL NO. 299(FIN) am is on today's calendar.                      
                                                                               
HB 351                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
351(FIN) am(efd add) "An Act relating to permits for the carrying              
of a concealed handgun; providing for local option elections in                
municipalities and established villages to prohibit the possession of          
a concealed handgun under a permit; and relating to the possession             
of weapons; and providing for an effective date."  Signing to                  
calendar: Senator Halford, Chair, Senators Rieger, Jacko.  Signing no          
recommendation: Senator Zharoff.                                               
                                                                               
CS FOR HOUSE BILL NO. 351(FIN) am(efd add) is on today's                       
calendar.                                                                      
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4278
                          SPECIAL COMMITTEE REPORTS                          
                                                                               
HB 407                                                                       
	Date: May 2, 1994                                                             
Mr. President:                                                                 
Madam Speaker:                                                                 
                                                                               
The Conference Committee considering HOUSE BILL NO. 407 and                    
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" requests limited          
powers of free conference on the following specific points:                    
                                                                               
	(1)	Making the Gold Rush Commemoration license plate                          
a special issue plate as authorized by HB 407 instead of the new               
general issue plate as authorized by SCS HB 407(FIN) am S.                     
                                                                               
	(2)	Providing for issuance on one registration plate for                      
all vehicles as authorized by SCS HB 407(FIN) am S.  No                        
comparable section exists in HB 407.                                           
                                                                               
	(3)	Making an appropriate descriptive title change.                           
                                                                               
Signing the report: Senator Sharp, Chair, Representative Foster,               
Chair.                                                                         
                                                                               
President Halford granted the Senate members limited powers of free            
conference as requested.                                                       
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
                                                                               
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 78                                                                        
Senator Taylor moved and asked unanimous consent that HOUSE                    
BILL NO. 78 "An Act relating to the testimony of children in                   
certain criminal proceedings; and providing for an effective date" be          
held in second reading to the May 4 calendar.  Without objection,              
it was so ordered.                                                             

1994-05-03                     Senate Journal                      Page 4279
HB 222                                                                       
CS FOR HOUSE BILL NO. 222(FIN) "An Act relating to landlords                   
and tenants and to the applicability of the Uniform Residential                
Landlord and Tenant Act, to termination of tenancies and recovery              
of rental premises, to tenant responsibilities, and to the civil remedies      
of forcible entry and detainer and nuisance abatement; and amending            
Rule 62(a) of the Alaska Rules of Civil Procedure and Rule 24(a)               
of the Alaska District Court Rules of Civil Procedure" was read the            
second time.                                                                   
                                                                               
Senator Pearce moved and asked unanimous consent for the adoption              
of the Finance Senate Committee Substitute offered on page 4216.               
                                                                               
Senator Pearce called the Senate, then lifted the call.                        
                                                                               
Without objection, SENATE CS FOR CS FOR HOUSE BILL NO.                         
222(FIN) was adopted.                                                          
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) was read                          
the second time.                                                               
                                                                               
Senator Pearce offered Amendment No. 1 :                                        
                                                                               
Page 16, lines 23 - 24:                                                        
	Delete "or in premises used as temporary housing, public                    
or private,"                                                                 
                                                                               
Page 17, line 8, after "purposes"                                              
	Insert ";                                                                 
				(8) occupancy under a rental                                             
agreement covering premises used as part of a transitional or                  
supportive housing program that is sponsored or operated by a                  
public corporation or by a nonprofit corporation and that                      
provides shelter and related support services intended to improve              
the occupant's opportunity to obtain permanent housing"                      
                                                                               
Senator Pearce moved for the adoption of Amendment No. 1.                      
Senator Adams objected, then withdrew his objection.  There being              
no further objections, Amendment No. 1 was adopted.                            
                                                                               
Senator Leman offered Amendment No. 2 :                                         
                                                                               

1994-05-03                     Senate Journal                      Page 4280
HB 222                                                                       
Page 16, following line 19:                                                    
Insert a new bill section to read:                                             
   "* Sec. 30.  AS 34.03 is amended by adding a new section to               
read:                                                                          
	Sec. 34.03.325.  LANDLORD'S REFUSAL TO                                       
RENT TO UNMARRIED PERSONS.  Notwithstanding AS                                 
18.80.240(1) - (3) and (5), a landlord may refuse to lease or                  
rent a dwelling unit to a prospective tenant, or, if so                        
provided in the rental agreement, may terminate the rental                     
agreement for a dwelling unit occupied by a tenant, if                         
		(1)  the landlord reasonably believes that                                  
		(A)  the tenant occupies, or the                                           
prospective tenant will occupy, the dwelling unit                              
with another person who is not married to the                                  
tenant or prospective tenant; and                                              
		(B)  the tenant or the prospective                                         
tenant and the other person have a sexual                                      
relationship with each other; and                                              
		(2)  the personal religious beliefs of the                                  
landlord prevent the landlord from leasing or renting                          
premises to persons who have a sexual relationship but are                     
not married to each other."                                                    
                                                                               
	Renumber the following bill sections accordingly.                             
                                                                               
Page 19, line 21:                                                              
	Delete "sec. 36"                                                              
	Insert  "sec. 37"                                                             
                                                                               
Senator Leman moved for the adoption of Amendment No. 2.                       
Senator Little objected.                                                       
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
SCS CSHB 222(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  5   NAYS:  15   EXCUSED:  0   ABSENT:  0                              
                                                                               

1994-05-03                     Senate Journal                      Page 4281
HB 222                                                                       
Yeas:  Halford, Leman, Miller, Pearce, Taylor                                  
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Frank, Jacko, Kelly, Kerttula,            
Lincoln, Little, Phillips, Rieger, Salo, Sharp, Zharoff                        
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Senator Ellis offered Amendment No. 3 :                                         
                                                                               
Page 2, line 3 and                                                             
Page 3, line 24: after "within"                                                
	                                                                              
	Delete "five"                                                                 
	Insert  "7"                                                                   
                                                                               
Page 14, line 8:                                                               
	Delete "five" [10]                                                        
	Insert  "7"                                                                   
                                                                               
Senator Ellis moved and asked unanimous consent for the adoption               
of Amendment No. 3.  Without objection, Amendment No. 3 was                    
adopted.                                                                       
                                                                               
Senator Donley offered Amendment No. 4 :                                        
                                                                               
Insert a new bill section:                                                     
"AS 34.03.220 is amended by adding a new subsection to read:	                  
	(e) A person whose use of premises is based solely on rights                  
acquired by a tenant, and who has not individually acquired the                
rights of a tenant under this chapter, does not acquire rights under           
this chapter as a result of being present on the premises."                    
                                                                               
Senator Donley moved and asked unanimous consent for the                       
adoption of Amendment No. 4.  Senator Taylor objected, then                    
withdrew his objection.  There being no further objections,                    
Amendment No. 4 was adopted.                                                   
                                                                               
Senator Donley offered Amendment No. 5 :                                        
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4282
HB 222                                                                       
Insert a new bill section:                                                     
"AS 34.03.100(c) is amended to read:                                           
	(c) The landlord and tenant of a one- or two-family                           
residence may agree in writing that the tenant perform the landlord's          
duties specified in (a)(4), (5), (6), and (7) of this section.  A tenant     
may agree to perform the duties specified in (a)(3) of this section            
in rental units where the rent exceeds $2,000 a month.  They may             
also agree in writing that the tenant perform specified repairs,               
maintenance tasks, alterations, and remodeling , but the tenant may          
not agree to maintain elevators in good and safe working order.              
Agreements are allowed under this subsection only if the transaction           
is entered into in good faith and not for the purpose of evading the           
obligations of the landlord."                                                  
                                                                               
Senator Donley moved and asked unanimous consent for the                       
adoption of Amendment No. 5.  Without objection, Amendment No.                 
5 was adopted.                                                                 
                                                                               
Senator Little offered Amendment No. 6 :                                        
                                                                               
Page 13, line 27:                                                              
	Delete "10"                                                                   
	Insert  "15"                                                                  
                                                                               
Senator Little moved for the adoption of Amendment No. 6.  Senator             
Taylor objected.                                                               
                                                                               
The question being: "Shall Amendment No. 6 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
SCS CSHB 222(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Salo            
                                                                               
Nays:  Donley, Frank, Halford, Kelly, Leman, Miller, Pearce,                   
Phillips, Rieger, Sharp, Taylor, Zharoff                                       
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4283
HB 222                                                                       
and so, Amendment No. 6 failed.                                                
                                                                               
Senator Donley offered Amendment No. 7 :                                        
                                                                               
Add a new section to read:                                                     
"AS 34.03.070(a) is amended to read:                                           
		(a) A landlord may not demand or receive prepaid                             
rent or a security deposit, however denominated, in an amount or               
value in excess of two month's periodic rent.  This section does not         
apply to rental units where the rent exceeds $2,000 a month."                
                                                                               
Senator Donley moved for the adoption of Amendment No. 7.                      
Senator Kelly objected, then withdrew his objection.  There being no           
further objections, Amendment No. 7 was adopted.                               
                                                                               
Senator Taylor moved and asked unanimous consent that SENATE                   
CS FOR CS FOR HOUSE BILL NO. 222(FIN) am S be considered                       
engrossed, advanced to third reading and placed on final passage.              
Senator Duncan objected.                                                       
                                                                               
The question being:  "Shall SENATE CS FOR CS FOR HOUSE                         
BILL NO. 222(FIN) am S be advanced to third reading?"  The roll                
was taken with the following result:                                           
                                                                               
SCS CSHB 222(FIN) am S                                                         
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger,         
Sharp, Taylor                                                                  
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Lincoln,                 
Little, Salo, Zharoff                                                          
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4284
HB 299                                                                       
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 299(FIN) am "An Act relating to revocation of                   
a driver's license for illegal possession or use of a controlled               
substance or illegal possession or consumption of alcohol by a                 
person at least 14 but not yet 21 years of age; to fees for                    
reinstatement of a driver's license; and providing for an effective            
date" be held in second reading to the May 4 calendar.  Without                
objection, it was so ordered.                                                  
                                                                               
                                   RECESS                                    
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in recess to a call of the Chair.  Without objection, the Senate         
recessed at 12:54 p.m.                                                         
                                                                               
                                AFTER RECESS                                 
                                                                               
The Senate reconvened at 3:18 p.m.                                             
                                                                               
                   CONSIDERATION OF THE CALENDAR CONTINUED                   
                                                                               
HB 351                                                                       
CS FOR HOUSE BILL NO. 351(FIN) am(efd add) "An Act relating                    
to permits for the carrying of a concealed handgun; providing for              
local option elections in municipalities and established villages to           
prohibit the possession of a concealed handgun under a permit; and             
relating to the possession of weapons; and providing for an effective          
date" was read the second time.                                                
                                                                               
Senator Leman moved and asked unanimous consent for the adoption               
of the State Affairs Senate Committee Substitute offered on page               
4014.  Senator Duncan objected.                                                
                                                                               
Senator Lincoln called the Senate.  The call was satisfied.                    
                                                                               
Senator Duncan withdrew his objection.  There being no further                 
objections, SENATE CS FOR CS FOR HOUSE BILL NO.                                
351(STA) was adopted.                                                          
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4285
HB 351                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) was read                          
the second time.                                                               
                                                                               
Senator Leman offered Amendment No. 1 :                                         
                                                                               
Page 6, lines 18 - 19:                                                         
	Delete "the personal protection course offered by the                         
	National Rifle Association and any other handgun course                       
that;                                                                         
                                                                               
	Insert "a handgun course, including the personal protection                   
course offered by the National Rifle Association, if the                      
course"                                                                        
                                                                               
Page 7, line 13:                                                               
	Delete "$50"                                                                  
	Insert  "$60"                                                                 
                                                                               
Senator Leman moved for the adoption of Amendment No. 1.                       
Senator Duncan objected.                                                       
                                                                               
Senator Taylor moved and asked unanimous consent that Senator                  
Halford be shown as a cross sponsor on the bill.  Without objection,           
it was so ordered.                                                             
                                                                               
Senators Taylor, Leman, Miller, Sharp moved and asked unanimous                
consent that they be shown as cross sponsors on the bill.  Without             
objection, it was so ordered.                                                  
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
SCS CSHB 351(STA)                                                              
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4286
HB 351                                                                       
Yeas:  Donley, Frank, Halford, Kelly, Leman, Miller, Pearce,                   
Phillips, Rieger, Sharp, Taylor                                                
                                                                               
Nays:  Adams, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Salo,           
Zharoff                                                                        
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
Senator Lincoln offered Amendment No. 2 :                                       
                                                                               
Page 1, line 2:                                                                
	Delete "prohibit"                                                             
	Insert  "allow"                                                               
                                                                               
Page 2, line 3:                                                                
	Delete "prohibited"                                                       
	Insert  "not allowed"                                                     
                                                                               
Page 11, line 8:                                                               
	Delete "prohibited"                                                           
	Insert  "not allowed"                                                         
                                                                               
Page 12, line 16:                                                              
	Delete "PROHIBITION OF"                                                       
	Insert  "ALLOWING"                                                            
                                                                               
Page 12, line 20:                                                              
	Delete "prohibited"                                                           
	Insert  "allowed"                                                             
                                                                               
Page 12, line 24:                                                              
	Delete "prohibition"                                                          
	Insert  "allowance"                                                           
	Delete "not"                                                                  
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 2.                     
Senator Miller objected.                                                       
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               

1994-05-03                     Senate Journal                      Page 4287
HB 351                                                                       
                                                                               
SCS CSHB 351(STA) am S                                                         
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Jacko, Lincoln, Little, Rieger, Salo,             
Zharoff                                                                        
                                                                               
Nays:  Donley, Frank, Halford, Kelly, Kerttula, Leman, Miller,                 
Pearce, Phillips, Sharp, Taylor                                                
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Senator Kerttula offered Amendment No. 3 :                                      
                                                                               
Page 9, line 8:                                                                
	Delete "two"                                                                  
	Insert  "one"                                                                 
                                                                               
Page 9, line 9:                                                                
	After "period"                                                                
	Insert "."                                                                    
	Delete balance of sentence.                                                   
                                                                               
Senator Kerttula  moved for the adoption of Amendment No. 3.                   
Senator Leman objected.                                                        
Senator Salo announced a minority caucus.                                      
                                                                               
HB 351                                                                       
The question being: "Shall Amendment No. 3 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
SCS CSHB 351(STA) am S                                                         
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4288
HB 351                                                                       
Yeas:  Donley, Duncan, Ellis, Kerttula, Little, Pearce, Phillips,              
Rieger, Salo, Zharoff                                                          
                                                                               
Nays:  Adams, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Miller,            
Sharp, Taylor                                                                  
                                                                               
Donley changed from "Nay" to "Yea".                                            
Jacko changed from "Yea" to "Nay".                                             
Adams changed from "Yea" to "Nay".                                             
                                                                               
and so, Amendment No. 3 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 4 :                                        
                                                                               
Page 4, line 26:                                                               
	Delete "the 90 days"                                                          
	Insert  "one year"                                                            
                                                                               
Senator Duncan moved and asked unanimous consent for the                       
adoption of Amendment No. 4.  Senator Taylor objected, then                    
withdrew his objection.  There being no further objections,                    
Amendment No. 4 was adopted.                                                   
                                                                               
Senator Little offered Amendment No. 5 :                                        
                                                                               
Page 2, following line 17:                                                     
	Insert new bill sections to read:                                             
   "* Sec. 4.  AS11.61 is amended by adding new sections to read:            
	Sec. 11.61.260. CRIMINALLY NEGLIGENT                                         
STORAGE OF A FIREARM IN THE FIRST DEGREE.  (a)                                 
A person commits the crime of criminally negligent storage                     
of a firearm in the first degree if the person with criminal                   
negligence keeps a loaded firearm within premises under the                    
person's custody or control and the person knows or                            
reasonably should know that a minor under the age of 16 is                     
likely to gain access to the firearm without the permission                    
of the minor's parent or legal guardian, a minor obtains the                   
firearm, and death or serious physical injury to the minor or                  
to another person results from the minor's having obtained                     
the firearm.                                                                   
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4289
HB 351                                                                       
	(b)  For the purposes of this section, a firearm is                          
loaded if the firing chamber, magazine, clip, or cylinder of                   
the firearm contains a cartridge.                                              
	(c)  Criminally negligent storage of a firearm is a                          
class A misdemeanor.                                                           
	Sec. 11.61.270. CRIMINALLY NEGLIGENT                                         
STORAGE OF A FIREARM IN THE SECOND DEGREE.                                     
(a)  A person commits the crime of criminally negligent                        
storage of a firearm in the second degree if the person with                   
criminal negligence keeps a loaded firearm within premises                     
under the person's custody or control and the person knows                     
or reasonably should know that a minor under the age of 16                     
is likely to gain access to the firearm without the permission                 
of the minor's parent or legal guardian, a minor obtains the                   
firearm, and                                                                   
		(1)  the minor exhibits the firearm in a                                    
public place;                                                                  
		(2)  the minor violates AS11.41.220(a)(1)                                   
or AS11.61.220(a)(4) as a result of obtaining the firearm;                     
or                                                                             
		(3)  physical injury to the minor or to                                     
another person results from the minor's having obtained the                    
firearm.                                                                       
	(b)  For purposes of this section, a firearm is loaded                       
if the firing chamber, magazine, clip, or cylinder of the                      
firearm contains a cartridge.                                                  
	(c)  Criminally negligent storage of a firearm in the                        
second degree is a class B misdemeanor.                                        
	Sec. 11.61.280. DEFENSES TO CRIMINALLY                                       
NEGLIGENT STORAGE OF A FIREARM;                                                
PROSECUTORIAL CONSIDERATION.  (a)  In a                                        
prosecution under AS11.61.260 or 11.61.270, it is a defense                    
that                                                                           
		(1)  the minor obtained the firearm as a                                    
result of an illegal entry to any premises by the minor or                     
another person;                                                                
		(2)  the firearm is kept in a locked container                              
or in a location that a reasonable person would believe to be                  
secure;                                                                        
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4290
HB 351                                                                       
		(3)  the firearm was equipped with a trigger                                
lock, gun lock, or other locking device that was engaged so                    
that the firearm could not be fired;                                           
		(4)  the firearm is carried on the person or                                
within such close proximity that the person can readily                        
retrieve and use the firearm as if carried on the person;                      
		(5)  the minor obtains the firearm in a                                     
lawful act of self-defense or defense of another person; or                    
		(6)  the physical injury, serious physical                                  
injury, or death resulted from an accident that was incident                   
to lawful target shooting, sport shooting, or hunting.                         
	(b)  The provisions of AS11.61.260 or 11.61.270                              
do not apply to a peace officer or member of the armed                         
forces acting within the scope and authority of the officer's                  
or member's employment.                                                        
	(c)  In deciding whether to prosecute a person for                           
violation of AS11.61.260 or 11.61.270, the district attorney                   
shall consider the effect the minor's injury or death has on                   
the person.                                                                    
   * Sec. 5.  AS12.25 is amended by adding a new section to read:            
	Sec. 12.25.015. ARREST OF PERSONS FOR                                        
CRIMINALLY NEGLIGENT STORAGE OF FIREARMS.                                      
Notwithstanding any other provision of law,                                    
		(1)  a peace officer may not arrest, nor may                                
a court order the arrest of, a person for violating                            
AS11.61.260 or 11.61.270 if the person is the parent or                        
legal guardian of a minor who is injured or killed after                       
obtaining a firearm, until at least seven days have elapsed                    
from the date of the incident resulting in injury or death;                    
		(2)  before arresting a person for violating                                
AS11.61.260 or 11.61.270, if the person is the parent or                       
legal guardian of a minor that has suffered serious physical                   
injury, the peace officer shall consider the condition of the                  
minor and the need for the parent or legal guardian to be                      
with the minor while the minor is on life-support equipment                    
or is in a similarly critical medical condition."                              
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4291
HB 351                                                                       
Page 14, line 12:                                                              
	Delete "sec. 4"                                                               
	Insert  "sec. 6"                                                              
                                                                               
Page 14, line 13:                                                              
	Delete "sec. 5"                                                               
	Insert  "sec. 7"                                                              
                                                                               
Senator Little moved for the adoption of Amendment No. 5.  Senator             
Kelly objected.                                                                
                                                                               
The question being:  "Shall Amendment No. 5 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
SCS CSHB 351(STA) am S                                                         
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Lincoln, Little, Rieger, Salo                     
                                                                               
Nays:  Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman,                  
Miller, Pearce, Phillips, Sharp, Taylor, Zharoff                               
                                                                               
and so, Amendment No. 5 failed.                                                
                                                                               
Senator Taylor moved and asked unanimous consent that SENATE                   
CS FOR CS FOR HOUSE BILL NO. 351(STA) am S be considered                       
engrossed, advanced to third reading and placed on final passage.              
Senator Duncan objected.                                                       
                                                                               
The question being:  "Shall the bill be advanced to third reading?"            
The roll was taken with the following result:                                  
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4292
HB 351                                                                       
                                                                               
SCS CSHB 351(STA) am S                                                         
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 was not advanced to third reading.                            
                                                                               
                        HOUSE BILLS IN SECOND READING                        
                                                                               
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 in second reading on reconsideration with Amendment              
No. 2 pending (page 4246) was before the Senate.                               
                                                                               
Senator Rieger moved and asked unanimous consent for the adoption              
of the following amendment to Amendment No. 2:                                 
                                                                               
	Delete "or embryo"                                                            
                                                                               
Senator Taylor moved and asked unanimous consent that SENATE                   
CS FOR CS FOR HOUSE BILL NO. 323(STA) be returned to the                       
Rules Committee.  Without objection, it was so ordered.                        
                                                                               
                        SENATE BILLS IN THIRD READING                        
                                                                               
SB 56                                                                        
CS FOR SENATE BILL NO. 56(FIN) "An Act relating to repayment                   
of money appropriated from the budget reserve fund" which had                  
been held on reconsideration (page 4256) was before the Senate.                
                                                                               
Senator Taylor moved and asked unanimous consent that the bill be              
held on reconsideration to the May 4 calendar.  Without objection,             
it was so ordered.                                                             

1994-05-03                     Senate Journal                      Page 4293
SB 363                                                                       
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" which had been held           
on reconsideration (page 4256) was before the Senate.                          
                                                                               
Senator Taylor moved and asked unanimous consent that the bill be              
held on reconsideration to the May 4 calendar.  Without objection,             
it was so ordered.                                                             
                                                                               
                         HOUSE BILLS IN THIRD READING                        
                                                                               
HB 454                                                                       
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" which had been held on reconsideration (page                
4246) was before the Senate.                                                   
                                                                               
Senator Taylor moved and asked unanimous consent that the bill be              
held on reconsideration to the May 4 calendar.  Without objection,             
it was so ordered.                                                             
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HCR 32                                                                       
HOUSE CONCURRENT RESOLUTION NO. 32 Establishing the                            
Joint Task Force on Military Bases in Alaska, was read the second              
time.                                                                          
                                                                               
Senator Kelly offered Amendment No. 1 :                                         
                                                                               
Page 2, line 7:                                                                
	After "President of the Senate"                                               
	Insert "of the Eighteenth and Nineteenth Alaska State                         
	Legislatures"                                                                 
                                                                               
Page 2, line 9:                                                                
	After "house"                                                                 
	Insert "of the Eighteenth and Nineteenth Alaska State                         
	Legislatures"                                                                 

1994-05-03                     Senate Journal                      Page 4294
HCR 32                                                                       
Page 2, line 11:                                                               
	After "Eighteenth"                                                            
	Insert "and Nineteenth"                                                       
                                                                               
	Delete "Legislature"                                                          
	Insert  "Legislatures"                                                        
                                                                               
Page 2, lines 17 - 18:                                                         
	Following "date"                                                              
	Delete "of the convening of the First Session of the                          
	Nineteenth Alaska State Legislature"                                          
                                                                               
Insert  "the BRAC 95 Commission presents its                                  
recommendations to the President of the United States, on                      
July 1, 1995"                                                                  
                                                                               
Senator Kelly moved for the adoption of Amendment No. 1.                       
Senator Adams objected.                                                        
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
HCR 32                                                                         
Second Reading - Final Passage                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Halford, Jacko, Kelly, Leman, Little, Miller,            
Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff                               
                                                                               
Nays:  Adams, Duncan, Ellis, Kerttula, Lincoln, Salo                           
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 32 am S was before                             
the Senate on final passage.                                                   
                                                                               
The question being:  "Shall HOUSE CONCURRENT RESOLUTION                        
NO. 32 am S  Establishing the Joint Task Force on Military Bases               
in Alaska, pass the Senate?"  The roll was taken with the following            
result:                                                                        

1994-05-03                     Senate Journal                      Page 4295
HCR 32                                                                       
                                                                               
HCR 32 am S                                                                    
Second Reading - Final Passage                                                 
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce,            
Phillips, Rieger, Sharp, Taylor, Zharoff                                       
                                                                               
Nays:  Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Salo                   
                                                                               
and so, HOUSE CONCURRENT RESOLUTION NO. 32 am S                                
passed the Senate.                                                             
                                                                               
Senator Duncan gave notice of reconsideration.                                 
                                                                               
                                                                               
                                  CITATIONS                                  
                                                                               
In Memoriam - President Richard Milhous Nixon                                  
by Senator(s) Taylor, Leman, Pearce, Phillips, Zharoff, Sharp,                 
Lincoln, Adams, Halford                                                        
Representative(s) Barnes, Phillips                                             
                                                                               
Honoring - Jennifer Baxter, National Arbor Day Poster Contest                  
Winner                                                                         
by Senator(s) Duncan, Little, Pearce, Zharoff, Lincoln                         
Representative(s) Ulmer, Hudson                                                
                                                                               
Commemorating - Police Memorial Day, May 13, 1994                              
by Senator(s) Leman, Halford, Miller, Phillips, Pearce, Little, Ellis,         
Zharoff, Lincoln, Salo, Donley, Kelly, Duncan                                  
Representative(s) James, Hanley, Martin, Kott, Green, Phillips,                
Sanders, Vezey, Barnes, Mackie, Porter, Parnell                                
                                                                               
Honoring - Mary Shields                                                        
by Representative(s) Ulmer, Hudson                                             
Senator(s) Duncan, Pearce, Little, Zharoff, Kelly, Lincoln, Rieger             
                                                                               
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.                                 

1994-05-03                     Senate Journal                      Page 4296
                             UNFINISHED BUSINESS                             
HB 497                                                                       
Senator Zharoff requested that the reconsideration on SENATE CS                
FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                               
497(L&C) "An Act relating to the titles that describe the two                  
principal executive officers of electric and telephone cooperatives" be        
taken up at this time.                                                         
                                                                               
                         HOUSE BILLS IN THIRD READING                        
                                                                               
HB 497                                                                       
SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE                              
BILL NO. 497(L&C) was before the Senate in third reading on                    
reconsideration.                                                               
                                                                               
Senator Zharoff moved and asked unanimous consent that the bill be             
returned to second reading for the purpose of a specific amendment,            
that being Amendment No. 1.  Without objection, it was so ordered.             
                                                                               
Senator Zharoff offered Amendment No. 1 :                                       
                                                                               
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1994-05-03                     Senate Journal                      Page 4297
HB 497                                                                       
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1994-05-03                     Senate Journal                      Page 4298
HB 497                                                                       
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1994-05-03                     Senate Journal                      Page 4299
HB 497                                                                       
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Senator Zharoff moved for the adoption of Amendment No. 1.                     
Senator Leman objected.                                                        
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
SCS CS SSHB 497(L&C)                                                           
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  17   NAYS:  2   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula,          
Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Taylor, Zharoff       
                                                                               
Nays:  Leman, Sharp                                                            
                                                                               
Absent:  Adams                                                                 
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE                              
BILL NO. 497(L&C) am S was automatically in third reading.                     
                                                                               
The question to be reconsidered:  "Shall SENATE CS FOR CS FOR                  
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 497(L&C) am S                            
"An Act relating to the titles that describe the two principal                 
executive officers of electric and telephone cooperatives" pass the            
Senate?"  The roll was taken with the following result:                        
                                                                               
SCS CS SSHB 497(L&C) am S                                                      
Third Reading - On Reconsideration                                             
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4300
HB 497                                                                       
                                                                               
YEAS:  9   NAYS:  10   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Lincoln, Phillips, Sharp, Taylor,         
Zharoff                                                                        
                                                                               
Nays:  Donley, Duncan, Ellis, Kerttula, Leman, Little, Miller, Pearce,         
Rieger, Salo                                                                   
                                                                               
Absent:  Adams                                                                 
                                                                               
and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR                            
HOUSE BILL NO. 497(L&C) am S failed.                                           
                                                                               
SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE                              
BILL NO. 497(L&C) am S(fld S) was returned to the House.                       
                                                                               
HB 442                                                                       
Senator Duncan requested that the reconsideration on SENATE CS                 
FOR 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" be taken up at this time.                                      
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 442(FIN) was before                        
the Senate in third reading on reconsideration.                                
                                                                               
Senator Duncan moved and asked unanimous consent that the bill be              
held on reconsideration to the May 4 calendar.  Without objection,             
it was so ordered.                                                             
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
SB 313                                                                       
Senator Rieger requested that the reconsideration on SENATE BILL               
NO. 313 am "An Act relating to the Comprehensive Health                        
Insurance Association and to health insurance provided to residents            
of the state who are high risks; relating to health insurance fees,            
charges, premiums, rates, and rating factors; relating to disclosure of        
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4301
SB 313                                                                       
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" be taken up.                                                             
                                                                               
                        SENATE BILLS IN THIRD READING                        
                                                                             
SB 313                                                                       
SENATE BILL NO. 313 am was before the Senate on                                
reconsideration.                                                               
                                                                               
Senator Rieger called the Senate, then lifted his call.                        
                                                                               
Senator Rieger moved and asked unanimous consent that the bill be              
held on reconsideration to the May 4 calendar.  Without objection,             
it was so ordered.                                                             
                                                                               
                                                                               
                        UNFINISHED BUSINESS CONTINUED                        
                                                                               
Senator Kelly moved and asked unanimous consent that he be                     
excused from a call of the Senate from 11:00 a.m. through 12:00                
p.m. on May 4.  Without objection, Senator Kelly was excused.                  
                                                                               
HB 231                                                                       
President Halford added a Finance Committee referral to CS FOR                 
HOUSE BILL NO. 231(FIN) "An Act relating to when previous                      
conduct constituting a sexual offense may be used as an aggravating            
factor at sentencing."                                                         
                                                                               
CS FOR HOUSE BILL NO. 231(FIN) was taken from the Rules                        
Committee and returned to the Finance Committee.                               
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4302
SB 346                                                                       
Senator Taylor, Chair, moved and asked unanimous consent that the              
Judiciary Committee referral be waived on SENATE BILL NO. 346                  
"An Act requiring that charitable gaming permittees, operators, and            
vendors may not turn over a pull tab or bingo prize of $50 or more             
to a person entitled to that prize unless the person provides certain          
information to the permittee, operator, or vendor and signs a receipt          
for the prize; requiring the reporting of winners of prizes of $50 or          
more to the Department of Health and Social Services to ensure that            
recipients of services provided by the Department of Health and                
Social Services are reporting charitable gaming winnings and are               
eligible for those services."  Without objection, it was so ordered.           
                                                                               
SENATE BILL NO. 346 was referred to the Finance Committee.                     
                                                                               
HB 472                                                                       
Senator Taylor, Chair, moved and asked unanimous consent that the              
Judiciary Committee referral be waived on HOUSE BILL NO. 472                   
"An Act relating to referrals involving dental services."  Without             
objection, it was so ordered.                                                  
                                                                               
HOUSE BILL NO. 472 was referred to the Rules Committee.                        
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
SB 213                                                                       
CS FOR SENATE BILL NO. 213(FIN) am(efd fld) "An Act                            
extending the Alaska Public Utilities Commission; relating to                  
regulation of public utilities and to regulatory cost charges" was             
engrossed, signed by the President and Secretary and transmitted to            
the House for consideration.                                                   
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4303
                                 ENROLLMENT                                  
                                                                               
SB 33                                                                        
HOUSE CS FOR CS FOR SENATE BILL NO. 33(FIN) am H "An                           
Act relating to emergency planning and response; transferring the              
Hazardous Substance Spill Technology Review Council to the                     
Department  of  Environmental Conservation; transferring the Alaska            
State Emergency Response Commission, including its duty to                     
designate local emergency planning districts and appoint local                 
emergency planning committees, to the Department of Military and               
Veterans' Affairs; and eliminating a requirement that the state and            
regional oil discharge prevention and contingency plans be revised             
annually" was enrolled, signed by the President and Secretary,                 
Speaker and Chief Clerk and the engrossed and enrolled copies                  
transmitted to the Office of the Governor at 10:00 a.m., May 3,                
1994.                                                                          
                                                                               
SB 45                                                                        
HOUSE CS FOR CS FOR SENATE BILL NO. 45(FIN) "An Act                            
relating to persons under 21 years of age; relating to programs for            
runaway minors; providing for designation of shelters for runaway              
minors; and relating to the detention and incarceration of minors"             
was enrolled, signed by the President and Secretary, Speaker and               
Chief Clerk and the engrossed and enrolled copies transmitted to the           
Office of the Governor at 10:00 a.m., May 3, 1994.                             
                                                                               
SB 210                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 210(FIN) "An Act                           
relating to disposals of state land within five miles of the                   
right-of-way of the Dalton Highway to a licensed public utility or a           
licensed common carrier; relating to disposals of state land for               
nonresidential development in nodes of development along the Dalton            
Highway; requiring licensed public utilities to pay the costs of               
change, relocation, or removal of a utility facility due to construction       
of a highway project; and allowing state leases and materials sales            
for reconstruction and maintenance of state highways and                       
construction or maintenance of airports" was enrolled, signed by the           
President and Secretary, Speaker and Chief Clerk and the engrossed             
and enrolled copies transmitted to the Office of the Governor at               
10:00 a.m., May 3, 1994.                                                       
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4304
                                 ADJOURNMENT                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., May 4, 1994.  Without                   
objection, the Senate adjourned at 6:00 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                              May 1994         
                                                                               

1994-05-03                     Senate Journal                      Page 4305
                                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                              
MAY 03                              TUESDAY                    9:00 AM         
HB 128	EARLY ACKNOWLEDGEMENT OF PATERNITY                                      
HB 232	BOW HUNTING STAMP & BOW HUNTING SAFETY                                  
HB 239	RAFFLE OR AUCTION OF BIG GAME PERMITS                                   
HB 328	PAY MOTOR VEHICLE FEES BY CREDIT CARD                                   
HB 342	TOURISM MARKETING COUNCIL;FINANCES/EXTEND                               
HB 409	AFDC DEMO PROJECT AND DECREASE                                          
HB 445	DWI LAWS                                                                
SB 381	ALASKA ORBITAL LAUNCH COMPLEX                                           
HB 506	STUDENT LOAN PROGRAM                                                    
                                                                               
MAY 04                             WEDNESDAY                   9:00 AM         
HB 231	AGGRAVATING/MITIGATING FACTORS;SEX CRIMES                               
 	BILLS HELD OVER FROM 05/03/94:                                               
HB 409	AFDC DEMO PROJECT AND DECREASE                                          
HB 445	DWI LAWS                                                                
HB 506	STUDENT LOAN PROGRAM                                                    
SB 381	ALASKA ORBITAL LAUNCH COMPLEX                                           
 	NEW BILLS:                                                                   
HB 234	UNIVERSITY OF AK ENDOWMENT TRUST FUND                                   
HB 412	COMMUNITY CARE FACILITIES                                               
HB 507	LICENSING OF OPTOMETRISTS AND PHYSICIANS                                
SB 301	REVISE FOUNDATION FORMULA, SMALL SCHOOLS                                
 	BILLS PREVIOUSLY HEARD:                                                      
HB  73	ANCSA STATE TAX EXEMPTIONS                                              

1994-05-03                     Senate Journal                      Page 4306
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
MAY 03                              TUESDAY                    0:00 AM         
 	***** CANCELLED - RESCHEDULED TO 05/04/94 *****                              
 	** TIME & LOCATION TO BE ANNNOUNCED **                                       
HB 538	UNIFORM HEALTH CARE CLAIMS PROCEDURES                                   
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
MAY 04                             WEDNESDAY                   1:30 PM         
HB 538	UNIFORM HEALTH CARE CLAIMS PROCEDURES                                   
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                               BUTROVICH ROOM 205                              
MAY 03                              TUESDAY                    6:30 PM         
 	** NOTE TIME CHANGE - TO MEET AFTER RULES **                                 
HB 403	AUTOMOTIVE LIABILITY INSURANCE COVERAGE                                 
HB 356	LIVING WILLS AND MEDICAL CARE ORDERS                                    
HB 439	UNIFORM FRAUDULENT TRANSFER ACT                                         
HB 417	POSSESSION OF FIREARMS IN SCHOOL LOCKERS                                
HB 122	CHILD CUSTODY PROCEDURES                                                
                                                                               
MAY 04                             WEDNESDAY                   4:00 PM         
 	** NOTE TIME CHANGE **                                                       
 	BILLS PREVIOUSLY HEARD                                                       
HB  54	TELEPHONE CONSUMER PROTECTION                                           
HB 253	FISHERIES BUSINESS TAXES                                                
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                              FAHRENKAMP ROOM 203                              
MAY 03                              TUESDAY                    1:30 PM         
HB 301	BAN SALE OF SOME STUDDED TIRES AND STUDS                                
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
MAY 04                             WEDNESDAY                   3:30 PM         
HB 218	REPEAL 58 FT. LIMIT FOR SEINE VESSELS                                   
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                              FAHRENKAMP ROOM 203                              
MAY 03                              TUESDAY                    6:15 PM         
 	RULES                                                                        
                                                                               
                                                                               

1994-05-03                     Senate Journal                      Page 4307
                               OTHER COMMITTEES                              
                                                                               
                               MINORITY CAUCUS                               
                                 BELTZ ROOM 211                                
MAY 03                              TUESDAY                    4:15 PM         
 	MINORITY CAUCUS                                                              
                    ----------------------------------------                   
                                                                               
                            CONFERENCE COMMITTEES                            
                               SENATE FINANCE 518                              
MAY 03                              TUESDAY                    3:00 PM         
 	****** CANCELLED ******                                                      
HB 370	APPROP: FY 95 OPERATING AND LOAN BUDGET                                 
                                                                               
MAY 04                             WEDNESDAY                   8:00 AM         
SB 248	ASSIST & PROTECT VULNERABLE ADULTS                                      
                                                                               
MAY 04                             WEDNESDAY                   3:00 PM         
HB 370	APPROP: FY 95 OPERATING AND LOAN BUDGET                                 
                                                                               
MAY 05                              THURSDAY                   3:00 PM         
HB 370	APPROP: FY 95 OPERATING AND LOAN BUDGET