Legislature(1993 - 1994)

1994-05-05 Senate Journal

Full Journal pdf

1994-05-05                     Senate Journal                      Page 4341
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    EIGHTEENTH LEGISLATURE - SECOND SESSION                    
                                                                               
                                                                               
Juneau, Alaska                      Thursday               May 5, 1994         
                                                                               
                           One Hundred Sixteenth Day                           
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Halford at 11:47 a.m.                                                          
                                                                               
The roll showed fifteen members present.  Senators Frank, Miller,              
Pearce, Rieger, Taylor were absent.                                            
                                                                               
The prayer was offered by the Chaplain, Pastor Mike Rose of the                
Bethel Assembly of God.  Senator Kelly moved and asked                         
unanimous consent that the prayer be spread.  Without objection, it            
was so ordered.                                                                
                                                                               
Heavenly Father, thank You for this day.  Thank                               
You for the privilege of living in this great country.                         
                                                                               
On this National Day of Prayer, we pray for our                               
country and the urgent needs before us.  Your word                             
tells us that righteousness exalts a nation, but sin is                        
a reproach to any people.  Our society's rejection of                          
biblical principles and truth has placed our country                           
in spiritual and moral jeopardy.  Our need for                                 
revival and renewal is great, but you said in Your                             
word, "If my people who are called by my name                                  
shall humble themselves and pray, and seek my face                             
and turn from their wicked ways, then will I hear                              
from heaven and will forgive their sins, and will                              
heal their land."                                                              
                                                                               
Lord, we call out to You today, asking You to heal                            
our land; help us restore our trust, faith and                                 
confidence in You and Your power.  Help us to be                               
able to truly say once again "In God we Trust".                                
                                                                               
                                      4341                                     

1994-05-05                     Senate Journal                      Page 4342
Senator Sharp led the Senate in the pledge of allegiance.                      
                                                                               
Senator Kelly called the Senate, then lifted the call.                         
                                                                               
The presence of Senators Frank, Miller, Pearce, Rieger, Taylor was             
noted.                                                                         
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journal              
for the one hundred fifteenth legislative day be approved as certified         
by the Secretary.  Without objection, it was so ordered.                       
                                                                               
                                                                               
                           MESSAGES FROM THE HOUSE                           
                                                                               
SB 308                                                                       
Message of May 4 was read, stating the House passed and returned:              
                                                                               
CS FOR SENATE BILL NO. 308(FIN) am                                             
"An Act modifying administrative procedures and decisions by state             
agencies that relate to uses and dispositions of state land, property,         
and resources, and to the interests within them; and modifying                 
administrative procedures and decisions by state agencies that relate          
to uses and activities involving land, property, and resources, and to         
the interests within them, that are subject to the coastal management          
program when the use or activity is to be authorized or developed              
in phases; and providing for an effective date."                               
                                                                               
with the following:                                                            
                                                                               
CS FOR SENATE BILL NO. 308(FIN) am(efd fld H)                                  
"An Act modifying administrative procedures and decisions by state             
agencies that relate to uses and dispositions of state land, property,         
and resources, and to the interests within them; and modifying                 
administrative procedures and decisions by state agencies that relate          
to uses and activities involving land, property, and resources, and to         
the interests within them, that are subject to the coastal management          
program when the use or activity is to be authorized or developed              
in phases."                                                                    
                                                                               
with a House Judiciary Letter of Intent and a Senate Letter of Intent.         

1994-05-05                     Senate Journal                      Page 4343
SB 308                                                                       
CS FOR SENATE BILL NO. 308(FIN) am(efd fld H) was referred                     
to the Secretary for enrollment.                                               
                                                                               
SJR 39                                                                       
Message of May 4 was read, stating the House passed and returned:              
                                                                               
SENATE JOINT RESOLUTION NO. 39                                                
Proposing an amendment to the Constitution of the                             
State of Alaska to guarantee, in addition to the right                         
of the people to keep and bear arms as approved by                             
the voters at the time of ratification of the state                            
Constitution, that the individual right to keep and                            
bear arms shall not be denied or infringed by the                              
state or a political subdivision of the state.                                 
                                                                               
SENATE JOINT RESOLUTION NO. 39 was referred to the                             
Secretary for enrollment.                                                      
                                                                               
SB 275                                                                       
Message of May 4 was read, stating the House passed and returned:              
                                                                               
CS FOR SENATE BILL NO. 275(JUD)                                               
"An Act relating to the disposal of real property by                          
the Department of Transportation and Public                                    
Facilities."                                                                   
                                                                               
CS FOR SENATE BILL NO. 275(JUD) was referred to the                            
Secretary for enrollment.                                                      
                                                                               
SB 250                                                                       
Message of May 4 was read, stating the House failed to recede from             
its amendment to CS FOR SENATE BILL NO. 250(FIN) am,                           
namely:                                                                        
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 250(FIN)                                   
"An Act relating to the Older Alaskans Commission and staff of the             
commission; changing the name of the Older Alaskans Commission                 
to the Alaska Commission on Aging and extending the termination                
date of the commission; relating to the Alaska Pioneers' Homes                 
Advisory Board; relating to services and programs for older                    
Alaskans; and providing for an effective date."                                

1994-05-05                     Senate Journal                      Page 4344
SB 250                                                                       
The Speaker has appointed the following members to a Conference                
Committee to meet with the like committee from the Senate to                   
consider the above bills:                                                      
                                                                               
Representative Toohey, Chair                                                   
Representative Kott                                                            
Representative Willis                                                          
                                                                               
The President appointed Senate members on May 2 (page 4209).                   
                                                                               
SB 248                                                                       
Message of May 4 was read, stating the Speaker has granted limited             
powers of free conference to the House conferees considering,                  
HOUSE CS FOR CS FOR SENATE BILL NO. 248(FIN) and CS                            
FOR SENATE BILL NO. 248(RLS) am "An Act relating to services                   
for and protection of vulnerable adults; and providing for an                  
effective date" on the following specific point:                               
                                                                               
(1)	Page 12, line 3: after "only" insert: "and the treatment is             
administered by an accredited practitioner of the church or religious          
denomination"                                                                 
                                                                               
President Halford granted Senate members limited powers on May                 
4.                                                                             
                                                                               
SB 366                                                                       
Message of May 4 was read, stating the House passed CS FOR                     
SENATE BILL NO. 366(FIN) am(efd fld) with the following                        
amendment:                                                                     
                                                                               
Page 10, line 31 through Page 11, line 2:                                      
	Delete all material.                                                          
                                                                               
Page 10, line 18, after "(b)":                                                 
	Insert "and (c)"                                                              
                                                                               
Insert a new subsection to read:                                               
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4345
SB 366                                                                       
	"(c) If the department has clear and compelling reason to                     
believe that application of the maximum allowable charges under (a)            
of this section to a specific service would not reduce state                   
expenditures or would generate savings to the state that are                   
insignificant in relation to the total cost containment possible, then         
the department may waive the charges otherwise required under (a)              
of this section as to that specific service."                                  
                                                                               
and so, CS FOR SENATE BILL NO. 366(FIN) am H "An Act                           
relating to medical support and health insurance coverage for                  
children; allowing a member of the teachers' retirement system or              
the public employees' retirement system to assign to a                         
Medicaid-qualifying trust the member's right to receive a monetary             
benefit from the system; relating to the effect of a                           
Medicaid-qualifying trust on the eligibility of a person for Medicaid;         
relating to the recovery of certain Medicaid payments from estates             
and trusts; requiring persons who receive Medicaid services to be              
liable for sharing in the cost of those services to the extent allowed         
under federal law and regulations" is returned for consideration.              
                                                                               
Senator Taylor moved that the Senate concur in the House                       
amendment.  Senator Duncan objected.                                           
                                                                               
The question being:  "Shall the Senate concur in the House                     
amendment to CS FOR SENATE BILL NO. 366(FIN)(efd fld)?"                        
The roll was taken with the following result:                                  
                                                                               
CSSB 366(FIN) am H                                                             
Shall the Senate concur in the House                                           
amendment to CSSB 366(FIN) am(efd fld)?                                        
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce,            
Phillips, Rieger, Sharp, Taylor                                                
                                                                               
Nays:  Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff          
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4346
SB 366                                                                       
and so, the Senate concurred in the House amendment, thus passing              
CS FOR SENATE BILL NO. 366(FIN) am H "An Act relating to                       
medical support and health insurance coverage for children; allowing           
a member of the teachers' retirement system or the public                      
employees' retirement system to assign to a Medicaid-qualifying trust          
the member's right to receive a monetary benefit from the system;              
relating to the effect of a Medicaid-qualifying trust on the eligibility       
of a person for Medicaid; relating to the recovery of certain                  
Medicaid payments from estates and trusts; requiring persons who               
receive Medicaid services to be liable for sharing in the cost of              
those services to the extent allowed under federal law and                     
regulations."                                                                  
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
CS FOR SENATE BILL NO. 366(FIN) am H was referred to the                       
Secretary for enrollment.                                                      
Message of May 4 was read, stating the House passed and                        
transmitted for consideration:                                                 
                                                                               
                  FIRST READING AND REFERENCE OF HOUSE BILLS                 
                                                                               
HB 548                                                                       
HOUSE BILL NO. 548 BY THE HOUSE LABOR AND                                      
COMMERCE COMMITTEE, entitled:                                                  
                                                                               
"An Act relating to the construction of the Alaska                            
Orbital Launch Complex by the Alaska Aerospace                                 
Development Corporation."                                                      
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                          STANDING COMMITTEE REPORTS                         
                                                                               
SB 372                                                                       
The Finance Committee considered SENATE BILL NO. 372 "An                       
Act relating to community local options for control of alcoholic               
beverages; relating to the control of alcoholic beverages; relating to         
the definition of `alcoholic beverage'; and providing for an effective         
date" and recommended it be replaced with                                      

1994-05-05                     Senate Journal                      Page 4347
SB 372                                                                       
CS FOR SENATE BILL NO. 372(FIN), entitled:                                    
"An Act relating to community local options for                               
control of alcoholic beverages; relating to the                                
control of alcoholic beverages; relating to the                                
definition of `alcoholic beverage'; relating to                                
purchase and sale of alcoholic beverages; relating to                          
alcohol server education courses; and providing for                            
an effective date."                                                            
                                                                               
Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly,             
Rieger.  Signing do pass if amend: Senator Sharp.  Signing do not              
pass: Senator Kerttula.                                                        
                                                                               
Zero fiscal note for the Committee Substitute published today from             
Department of Public Safety.  Previous fiscal note and zero fiscal             
note apply to the Committee Substitute.                                        
                                                                               
Previous fiscal note from Office of the Governor applies to Judiciary          
Committee Substitute (page 3968).                                              
                                                                               
SENATE BILL NO. 372 was referred to the Rules Committee.                       
                                                                               
HB 73                                                                        
The Finance Committee considered HOUSE BILL NO. 73 "An Act                     
relating to state and local taxation and other state regulation as             
affected by the Alaska Native Claims Settlement Act, as amended,               
and related federal statutes; and providing for an effective date."            
Signing do pass: Senators Frank, Pearce, Cochairs, Senator Jacko.              
Signing no recommendation: Senators Rieger, Sharp.                             
                                                                               
Previous House zero fiscal note.                                               
                                                                               
HOUSE BILL NO. 73 was referred to the Rules Committee.                         
                                                                               
HB 122                                                                       
The Judiciary Committee considered HOUSE BILL NO. 122 "An                      
Act eliminating a requirement that a court consider the findings and           
recommendations of a neutral mediator when awarding shared child               
custody."  Signing do pass: Senator Taylor, Chair, Senator Halford.            
Signing no recommendation: Senators Donley, Jacko.                             
                                                                               
Previous zero fiscal note.                                                     
                                                                               
HOUSE BILL NO. 122 was referred to the Rules Committee.                        

1994-05-05                     Senate Journal                      Page 4348
HB 195                                                                       
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
195(FIN) "An Act authorizing youth courts to provide for peer                  
adjudication of minors who have allegedly committed violations of              
state or municipal laws, and renaming the community legal assistance           
grant fund and amending the purposes for which grants may be                   
made from that fund in order to provide financial assistance for               
organization and initial operation of youth courts" and recommended            
it be replaced with                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
195(JUD), entitled:                                                            
"An Act authorizing youth courts to provide for                               
peer adjudication of minors who have allegedly                                 
committed violations of state or municipal laws, and                           
renaming the community legal assistance grant fund                             
and amending the purposes for which grants may be                              
made from that fund in order to provide financial                              
assistance for organization and initial operation of                           
youth courts; and providing for an effective date."                            
	(technical title change)                                                      
                                                                               
Signing do pass: Senator Taylor, Chair, Senators Donley, Jacko.                
Signing no recommendation: Senator Halford.                                    
                                                                               
Previous House zero fiscal notes apply to the Senate Committee                 
Substitute.                                                                    
                                                                               
CS FOR HOUSE BILL NO. 195(FIN) was referred to the Finance                     
Committee.                                                                     
                                                                               
HB 231                                                                       
The Finance Committee considered 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."            
Signing do pass: Senators Frank, Pearce, Cochairs, Senators Sharp,             
Kelly.  Signing no recommendation: Senators Rieger, Jacko.                     
                                                                               
Fiscal note published today from Department of Corrections.                    
Previous House zero fiscal notes.                                              
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4349
HB 231                                                                       
CS FOR HOUSE BILL NO. 231(FIN) was referred to the Rules                       
Committee.                                                                     
                                                                               
HB 234                                                                       
The Finance 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: Senators Frank, Pearce,              
Cochairs, Senators Rieger, Sharp.  Signing no recommendation:                  
Senators Jacko, Kelly.                                                         
                                                                               
Previous House fiscal note and House zero fiscal note.                         
                                                                               
HOUSE BILL NO. 234 was referred to the Rules Committee.                        
                                                                               
HB 277                                                                       
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
277(JUD) "An Act relating to public employers defending and                    
indemnifying public employees and former public employees with                 
respect to claims arising out of conduct that is within the scope of           
employment" and recommended it be replaced with                                
                                                                               
	SENATE CS FOR CS FOR HOUSE BILL NO.                                           
	277(JUD)                                                                      
                                                                               
Signing no recommendation: Senator Taylor, Chair, Senators Donley,             
Halford.  Signing do pass: Senator Jacko.                                      
                                                                               
Previous House zero fiscal notes apply to the Senate Committee                 
Substitute.                                                                    
                                                                               
CS FOR HOUSE BILL NO. 277(JUD) was referred to the Rules                       
Committee.                                                                     
                                                                               
HB 301                                                                       
The Labor and Commerce Committee considered CS FOR                             
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 301(L&C) "An                             
Act prohibiting the sale of certain studded tires or the sale of certain       
studs to be installed in tires; and providing for an effective date."          
Signing no recommendation: Senator Kelly, Chair, Senators Sharp,               
Salo, Lincoln.  Signing do pass: Senator Rieger.                               

1994-05-05                     Senate Journal                      Page 4350
HB 301                                                                       
Previous House fiscal note.                                                    
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                   
301(L&C) was referred to the Finance Committee.                                
                                                                               
HB 356                                                                       
The Judiciary Committee considered HOUSE BILL NO. 356 "An                      
Act relating to living wills and do not resuscitate orders; and                
providing for an effective date."  Signing do pass: Senator Taylor,            
Chair, Senators Donley, Jacko, Halford.                                        
                                                                               
Previous House fiscal note and House zero fiscal note.                         
                                                                               
HOUSE BILL NO. 356 was referred to the Finance Committee.                      
                                                                               
HB 403                                                                       
The Judiciary considered HOUSE BILL NO. 403 "An Act requiring                  
that automobile liability insurance include coverage for uninsured or          
underinsured motor vehicles and an offer of policy limits for that             
coverage equal to coverage voluntarily purchased for bodily injury             
or death; and providing for an effective date."  Signing do pass:              
Senator Taylor, Chair, Senators Jacko, Halford.  Signing do not pass,          
unfair to good drivers: Senator Donley.                                        
                                                                               
Previous House zero fiscal note.                                               
                                                                               
HOUSE BILL NO. 403 was referred to the Rules Committee.                        
                                                                               
HB 409                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
409(FIN) am(efd fld) "An Act relating to the maximum amount of                 
assistance that may be granted under the adult public assistance               
program and the program of aid to families with dependent children;            
proposing a special demonstration project within the program of aid            
to families with dependent children and directing the Department of            
Health and Social Services to seek waivers from the federal                    
government to implement the project" and recommended it be                     
replaced with                                                                  
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4351
HB 409                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
409(FIN)                                                                       
(SCS Forthcoming)                                                             
                                                                               
Signing do pass: Senator Frank, Cochair, Senators Sharp, Jacko.                
Signing no recommendation: Senator Pearce, Cochair, Senators                   
Rieger, Kelly.  Signing do not pass: Senator Kerttula.                         
                                                                               
Fiscal note information forthcoming.                                           
                                                                               
CS FOR HOUSE BILL NO. 409(FIN) am(efd fld) was referred to                     
the Rules Committee.                                                           
                                                                               
HB 412                                                                       
The Finance 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 do pass: Senator Pearce,            
Cochair, Senator Jacko.  Signing no recommendation: Senator Frank,             
Cochair, Senators Rieger, Sharp.                                               
                                                                               
Previous House fiscal note.                                                    
                                                                               
CS FOR HOUSE BILL NO. 412(HES) am was referred to the Rules                    
Committee.                                                                     
                                                                               
HB 417                                                                       
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
417(JUD) am "An Act relating to the possession of weapons within               
the grounds of or on the parking lot of preschools, elementary,                
junior high, and secondary schools or while participating in a                 
school-sponsored event; and relating to school lockers and other               
containers provided in a public or private school by the school or             
the school district" and recommended the State Affairs Senate                  
Committee Substitute offered on page 4017 be adopted.  Signing do              
pass: Senator Taylor, Chair, Senator Jacko.  Signing no                        
recommendation: Senators Halford, Donley.                                      
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4352
HB 417                                                                       
Previous House zero fiscal notes.                                              
                                                                               
CS FOR HOUSE BILL NO. 417(JUD) am was referred to the Rules                    
Committee.                                                                     
                                                                               
HB 439                                                                       
The Judiciary Committee considered HOUSE BILL NO. 439 "An                      
Act enacting the Uniform Fraudulent Transfer Act."  Signing do                 
pass: Senator Taylor, Chair.  Signing no recommendation: Senators              
Donley, Halford, Jacko.                                                        
                                                                               
Previous House zero fiscal note.                                               
                                                                               
HOUSE BILL NO. 439 was referred to the Rules Committee.                        
                                                                               
HB 498                                                                       
Forthcoming fiscal note (page 4225) for the Finance Senate                     
Committee Substitute for CS FOR HOUSE BILL NO. 498(FIN) "An                    
Act providing for exploration incentive credits for activities involving       
locatable and leasable minerals and coal deposits on certain land in           
the state; and providing for an effective date" published today from           
Department of Revenue.                                                         
                                                                               
HB 506                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
506(FIN) am "An Act relating to student loans; to sanctions for                
defaulting on a student loan, including denial of a state occupational         
license; and providing for an effective date."   Signing do pass:              
Senators Frank, Pearce, Cochairs, Senators Kelly, Sharp.  Signing do           
not pass: Senator Rieger.                                                      
                                                                               
Fiscal note published today from Department of Education.  Previous            
zero fiscal note.                                                              
                                                                               
CS FOR HOUSE BILL NO. 506(FIN) am was referred to the Rules                    
Committee.                                                                     
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4353
HB 507                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
507(FIN) "An Act relating to licensure by the State Medical Board              
and temporary permits for certain optometrists" and recommended the            
Health, Education and Social Services Senate Committee Substitute              
offered on page 4226 be adopted.  Signing do pass: Senators Frank,             
Pearce, Cochairs, Senators Kelly, Rieger, Kerttula, Sharp.                     
                                                                               
Previous House fiscal note.                                                    
                                                                               
CS FOR HOUSE BILL NO. 507(FIN) was referred to the Rules                       
Committee.                                                                     
                                                                               
HB 538                                                                       
The Health, Education and Social Services Committee considered CS              
FOR HOUSE BILL NO. 538(L&C) "An Act relating to uniform                        
claims forms, uniform standards, and uniform procedures for                    
processing data relating to billing and payment of health care                 
services; and providing for an effective date" and recommended it be           
replaced with                                                                  
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
538(HES), entitled:                                                            
"An Act relating to uniform claims forms, uniform                             
standards, and uniform procedures for processing                               
data relating to billing and payment of health care                            
services; relating to the Comprehensive Health                                 
Insurance Association and to health insurance                                  
provided to residents of the state who are high                                
risks; and providing for an effective date."                                   
                                                                               
Signing do pass: Senator Rieger, Chair, Senators Sharp, Salo.                  
Signing no recommendation: Senators Miller, Leman.                             
                                                                               
Previous House zero fiscal note applies to the Senate Committee                
Substitute.                                                                    
                                                                               
CS FOR HOUSE BILL NO. 538(L&C) was referred to the Labor                       
and Commerce Committee.                                                        
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4354
SR 2                                                                         
The Rules Committee on May 5, 1993 considered SENATE                           
RESOLUTION NO. 2 Urging the Environmental Protection Agency                    
to suspend the oxygenated fuels program in Anchorage, Alaska.                  
Signing to calendar: Senator Jacko, Chair, Senators Rieger, Halford.           
Signing no recommendation: Senator Little.                                     
                                                                               
Zero fiscal note for the bill and Committee Substitute published               
today from Department of Environmental Conservation.                           
                                                                               
SENATE RESOLUTION NO. 2 is on today's calendar.                                
                                                                               
SCR 19                                                                       
The Rules Committee considered SENATE CONCURRENT                               
RESOLUTION NO. 19 Suspending Uniform Rules 24(c), 35, 41(b),                   
and 42(e) of the Alaska State Legislature concerning House Joint               
Resolution No. 43, relating to a constitutional amendment concerning           
victims of crime.  Signing to calendar: Senator Halford, Chair,                
Senators Rieger, Zharoff, Jacko.  Signing no recommendation:                   
Senator Little.                                                                
                                                                               
SENATE CONCURRENT RESOLUTION NO. 19 is on today's                              
calendar.                                                                      
                                                                               
SJR 52                                                                       
The Rules Committee considered SENATE JOINT RESOLUTION                         
NO. 52 Proposing amendments to the Constitution of the State of                
Alaska relating to the budget reserve fund, and recommended it be              
replaced with                                                                  
                                                                               
CS FOR SENATE JOINT RESOLUTION NO.                                            
52(RLS)                                                                        
                                                                               
Signing to calendar: Senator Halford, Chair, Senator Jacko. Signing            
to calendar and do pass: Senator Rieger.   Signing no                          
recommendation: Senators Little, Zharoff.                                      
                                                                               
Previous fiscal note applies to the Rules Committee Substitute.                
                                                                               
SENATE JOINT RESOLUTION NO. 52 is on today's calendar.                         
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4355
SB 301                                                                       
The Rules Committee considered SPONSOR SUBSTITUTE FOR                          
SENATE BILL NO. 301 "An Act relating to the calculation of                     
instructional units used in determining state aid for education and            
increasing elementary and secondary instructional units for certain            
school districts with 800 or fewer students in average daily                   
membership; and providing for an effective date."  Signing to                  
calendar: Senator Halford, Chair, Senators Rieger, Jacko.  Signing no          
recommendation: Senator Little.  Signing no single duel site solution:         
Senator Zharoff.                                                               
                                                                               
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 301 is on                               
today's calendar.                                                              
                                                                               
SB 362                                                                       
The Rules Committee considered SENATE BILL NO. 362 "An Act                     
relating to insurance, to the licensing, accreditation, examination,           
regulation, and solvency of persons engaged in the insurance                   
business, including insurers, nonadmitted insurers, purchasing groups,         
risk retention groups, and United States branches of alien insurers;           
relating to the management of and the filing of reports by persons             
licensed or otherwise doing business under the insurance code;                 
amending Alaska Rule of Civil Procedure 45; and providing for an               
effective date."  Signing to calendar: Senator Halford, Chair, Senators        
Rieger, Jacko.  Signing no recommendation: Senators Little, Zharoff.           
                                                                               
SENATE BILL NO. 362 is on today's calendar.                                    
                                                                               
SB 378                                                                       
The Rules Committee considered SENATE BILL NO. 378 "An Act                     
relating to permanent fund dividend program notice requirements and            
to dividends of individuals convicted of felonies or misdemeanors;             
and providing for an effective date."  Signing to calendar: Senator            
Halford, Chair, Senators Rieger, Jacko.  Signing no recommendation:            
Senator Zharoff.                                                               
                                                                               
SENATE BILL NO. 378 is on today's calendar.                                    
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4356
HJR 43                                                                       
The Rules Committee considered CS FOR HOUSE JOINT                              
RESOLUTION NO. 43(FIN) Proposing an amendment to the                           
Constitution of the State of Alaska relating to the rights of crime            
victims.  Signing to calendar: Senator Halford, Chair, Senators                
Rieger, Jacko.  Signing no recommendation: Senators Little, Zharoff.           
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) is on today's                        
calendar.                                                                      
                                                                               
HB 47                                                                        
The Rules Committee considered CS FOR HOUSE BILL NO.                           
47(FIN) "An Act relating to primary elections and to the delivery of           
the primary ballots to persons making application for them when, by            
operation of political party rule, two or more primary ballots must            
be provided to the public; preventing a voter from changing the                
voter's party affiliation within 30 days of a primary election when            
two or more primary ballots must be provided to the public; and                
annulling a related regulation; and providing for an effective date."          
Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko.           
Signing no recommendation: Senators Little, Zharoff.                           
                                                                               
CS FOR HOUSE BILL NO. 47(FIN) is on today's calendar.                          
                                                                               
HB 119                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
119(JUD) am "An Act authorizing a sentencing court to impose a                 
sentence of a day fine instead of a sentence of imprisonment on a              
defendant convicted of a misdemeanor; directing the Alaska Supreme             
Court to develop and implement a day fine plan; requiring the                  
Alaska Court System to report to the legislature on the use of day             
fines; amending Alaska Rule of Criminal Procedure 32; and                      
providing for an effective date."  Signing to calendar: Senator                
Halford, Chair, Senators Rieger, Zharoff.  Signing no                          
recommendation: Senator Little.                                                
                                                                               
CS FOR HOUSE BILL NO. 119(JUD) am is on today's calendar.                      
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4357
HB 153                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
153(JUD) am "An Act related to the awarding of special good time               
deductions for prisoners participating in the Point MacKenzie                  
Rehabilitation Project; and providing for an effective date."  Signing         
to calendar: Senator Halford, Chair, Senators Rieger, Jacko.  Signing          
no recommendation: Senators Little, Zharoff.                                   
                                                                               
CS FOR HOUSE BILL NO. 153(JUD) am is on today's calendar.                      
                                                                               
HB 180                                                                       
The Rules Committee considered HOUSE BILL NO. 180 am "An                       
Act relating to the residential housing inspection requirements of the         
Alaska Housing Finance Corporation" and recommended it be                      
replaced with                                                                  
                                                                               
SENATE CS FOR HOUSE BILL NO. 180(RLS)                                         
                                                                               
Signing no recommendation: Senator Halford, Chair, Senator Zharoff.            
Signing to calendar and do pass: Senator Little.  Signing to calendar:         
Senator Rieger.                                                                
                                                                               
Previous zero fiscal note applies to the Rules Senate Committee                
Substitute.                                                                    
                                                                               
HOUSE BILL NO. 180 am is on today's calendar.                                  
                                                                               
HB 183                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
183(FIN) am "An Act directing the identification and delineation of            
a transportation and utility corridor between Fairbanks and the                
Seward Peninsula; and providing for an effective date."  Signing to            
calendar: Senator Halford, Chair, Senator Rieger.  Signing no                  
recommendation: Senator Zharoff.  Signing do not pass existing                 
roads need our attention!: Senator Little.                                     
                                                                               
CS FOR HOUSE BILL NO. 183(FIN) am is on today's calendar.                      
                                                                               
HB 214                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
214(JUD) "An Act allowing the parent or legal guardian of a minor              
to disclose information about the minor to certain state officials and         
state employees; prohibiting further disclosure of the information to          
unauthorized persons; amending Alaska Child in Need of Aid Rule                
22; and providing for an effective date."                                      

1994-05-05                     Senate Journal                      Page 4358
HB 214                                                                       
Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko.           
                                                                               
CS FOR HOUSE BILL NO. 214(JUD) is on today's calendar.                         
                                                                               
HB 230                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
230(FIN) "An Act relating to fees for a commercial fishing vessel              
license."  Signing to calendar: Senator Halford, Chair, Senators               
Rieger, Jacko.  Signing no recommendation: Senator Zharoff.                    
                                                                               
CS FOR HOUSE BILL NO. 230(FIN) is on today's calendar.                         
                                                                               
HB 323                                                                       
The Rules Committee considered 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" and recommended it be                
replaced with                                                                  
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
323(RLS)                                                                       
                                                                               
Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko.           
                                                                               
Previous House zero fiscal notes apply to the Rules Senate                     
Committee Substitute.                                                          
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 323(STA) is on                             
today's calendar.                                                              
                                                                               
HB 367                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
367(JUD) am "An Act relating to limitations on outdoor advertising             
signs, displays, and devices and penalties for violations related to           
outdoor advertising."  Signing to calendar: Senator Halford, Chair,            
Senators Rieger, Jacko, Zharoff.                                               
                                                                               
CS FOR HOUSE BILL NO. 367(JUD) am is on today's calendar.                      
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4359
                             UNFINISHED BUSINESS                             
HB 351                                                                       
Senator Leman requested that the reconsideration on SENATE CS                  
FOR CS FOR HOUSE BILL NO. 351(STA) am S "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" be taken up at this time.                                                
                                                                               
                         HOUSE BILLS IN THIRD READING                        
                                                                               
HB 351                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) am S was                          
before the Senate in third reading on reconsideration.                         
                                                                               
The question to be reconsidered:  "Shall SENATE CS FOR CS FOR                  
HOUSE BILL NO. 351(STA) am S "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" pass           
the Senate?"  The roll was taken with the following result:                    
                                                                               
SCS CSHB 351(STA) am S                                                         
Third Reading - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman,                  
Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor,        
Zharoff                                                                        
                                                                               
Nays:  Adams, Duncan, Ellis                                                    
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA)                           
passed the Senate on reconsideration.                                          
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clause.  Without objection, it was so ordered.                                 

1994-05-05                     Senate Journal                      Page 4360
HB 351                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) am S was                          
referred to the Secretary for engrossment.                                     
                                                                               
                                                                               
                          SPECIAL COMMITTEE REPORTS                          
                                                                               
SB 250                                                                       
Date: May 5, 1994                                                              
                                                                               
Mr. President:                                                                 
Madam Speaker:                                                                 
                                                                               
The Conference Committee considering CS FOR SENATE BILL                        
NO. 250(FIN) am and HOUSE CS FOR CS FOR SENATE BILL                            
NO. 250(FIN) "An Act relating to the Older Alaskans Commission                 
and staff of the commission; changing the name of the Older                    
Alaskans Commission to the Alaska Commission on Aging and                      
extending the termination date of the commission; relating to the              
Alaska Pioneers' Homes Advisory Board; relating to services and                
programs for older Alaskans; and providing for an effective date"              
requests limited powers of free conference to resolve their differences        
by adding the following specific language to HOUSE CS FOR CS                   
FOR SENATE BILL NO. 250(FIN):                                                  
                                                                               
1. Page 3, line 5 delete Section 6 and insert new section 6:                   
	Sec. 6. AS 44.21.210(b) is amended to read:                                   
	(b) The members of the commission listed in AS                               
44.21.200(a)(2) and (3) [AS 44.21.200(a)(1) - (4)] may not vote on            
matters before the commission.  A majority of the members of the               
commission listed in AS 44.21.200(a)(1), (4), and (5) [AS                    
44.21.200(a)(5)] constitutes a quorum for conducting business and              
exercising the powers of the commission.                                       
                                                                               
Signing the report: Senator Sharp, Chair, Representative Toohey,               
Chair.                                                                         
                                                                               
President Halford granted the Senate members limited powers of free            
conference as requested.                                                       
                                                                               
The Secretary was requested to notify the House.                               
                                                                               

1994-05-05                     Senate Journal                      Page 4361
SB 248                                                                       
The following report was received and distributed at 1: 35 p.m., May           
4, 1994.                                                                       
May 4, 1994                                                                    
                                                                               
Mr. President:                                                                 
Madam Speaker:                                                                 
                                                                               
The CONFERENCE COMMITTEE, with limited powers of free                          
conference, considered CS FOR SENATE BILL NO. 248(RLS) am                      
and HOUSE CS FOR CS FOR SENATE BILL NO. 248(FIN) "An                           
Act relating to services for and protection of vulnerable adults; and          
providing for an effective date" and recommends                                
                                                                               
CONFERENCE CS FOR SENATE BILL NO. 248,                                        
entitled:                                                                      
"An Act relating to services for and protection of                            
vulnerable adults; and providing for an effective                              
date."                                                                         
                                                                               
be adopted.                                                                    
                                                                               
Signing the report:  Senator Sharp, Chair, Senators Leman, Kerttula,           
Representative Martin, Chair, Representatives Brown, Parnell.                  
                                                                               
Previous fiscal notes and zero fiscal notes apply to the Conference            
Committee Substitute.                                                          
                                                                               
Senator Taylor moved that the Senate adopt CONFERENCE CS                       
FOR SENATE BILL NO. 248.                                                       
                                                                               
Senator Duncan called the Senate.  The call was satisfied.                     
                                                                               
The question being:  "Shall CONFERENCE CS FOR SENATE BILL                      
NO. 248 pass the Senate?"  The roll was taken with the following               
result:                                                                        
                                                                               
CCS SB 248                                                                     
Adopt Conference Committee Report?                                             
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4362
SB 248                                                                       
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Kelly, Kerttula, Leman, Little, Miller, Phillips,       
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Jacko, Lincoln, Pearce, Salo,             
Zharoff                                                                        
                                                                               
and so, CONFERENCE CS FOR SENATE BILL NO. 248 "An Act                          
relating to services for and protection of vulnerable adults; and              
providing for an effective date" passed the Senate.                            
                                                                               
Senator Taylor moved the effective date clause.                                
                                                                               
The question being:  "Shall the effective date clause be adopted?"             
The roll was taken with the following result:                                  
                                                                               
CCS SB 248                                                                     
Effective Date Vote                                                            
                                                                               
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 effective date clause failed.                                      
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
                                                                               
                         INTRODUCTION AND REFERENCE OF                        
                              SENATE RESOLUTIONS                              
                                                                               
SR 6                                                                         
SENATE RESOLUTION NO. 6 BY THE SENATE RULES                                    
COMMITTEE,                                                                     
                                                                               
Relating to the monetary terms of the Public Safety                           
Unit arbitration.                                                              

1994-05-05                     Senate Journal                      Page 4363
                                   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 12:56 p.m.                                                         
                                                                               
                                AFTER RECESS                                 
                                                                               
The Senate reconvened at 2:12 p.m.                                             
                                                                               
SR 6                                                                         
Senator Kelly moved for the adoption of SENATE RESOLUTION                      
NO. 6 Relating to the monetary terms of the Public Safety Unit                 
arbitration.                                                                   
                                                                               
Senator Kelly called the Senate.  President Halford stated the call            
was satisfied.                                                                 
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SR 6                                                                         
SENATE RESOLUTION NO. 6 was read the second time.                              
                                                                               
SENATE RESOLUTION NO. 6 was before the Senate on final                         
passage.                                                                       
                                                                               
The question being: "Shall SENATE RESOLUTION NO. 6 Relating                    
to the monetary terms of the Public Safety Unit arbitration, pass the          
Senate?"  The roll was taken with the following result:                        
                                                                               
SR 6                                                                           
Second Reading - Final Passage                                                 
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
and so, SENATE RESOLUTION NO. 6 passed the Senate.                             
                                                                               
Senator Duncan gave notice of reconsideration.                                 

1994-05-05                     Senate Journal                      Page 4364
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 301                                                                       
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 301 "An Act                             
relating to the calculation of instructional units used in determining         
state aid for education and increasing elementary and secondary                
instructional units for certain school districts with 800 or fewer             
students in average daily membership; and providing for an effective           
date" was read the second time.                                                
                                                                               
Senator Pearce moved and asked unanimous consent for the adoption              
of the Finance Committee Substitute offered on page 4315.  Senator             
Duncan objected, then withdrew his objection.  There being no                  
further objections, CS FOR SPONSOR SUBSTITUTE FOR SENATE                       
BILL NO. 301(FIN) "An Act allowing a school district to offset a               
reduction of five percent or more in elementary and secondary                  
school instructional units that the district is eligible to receive under      
the foundation formula; and providing for an effective date" was               
adopted.                                                                       
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO.                                  
301(FIN) was read the second time.                                             
                                                                               
Senator Zharoff offered Amendment No. 1:                                       
                                                                               
Page 1, line 3, after "formula;":                                            
	Insert "increasing the elementary and secondary                              
instructional units received in a district that consists of a single           
funding community with an average daily membership of 800 or                   
fewer students;"                                                              
                                                                               
Page 3, after line 17:                                                         
	Insert a new bill section to read:                                            
   "* Sec. 3.  AS14.17.041 is amended by adding a new subsection             
to read:                                                                       
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4365
SB 301                                                                       
	(e)  In a district that consists of a single funding                         
community with an average daily membership of 800 or                           
fewer students, the elementary and secondary  instructional                    
units received under (a) or (b) of this section shall be                       
multiplied by the factor determined under the following                        
table:                                                                         
		ADM					Factor                                                               
		1 - 250				1.12                                                              
		251 - 525				1.08                                                            
		526 - 800				1.06."                                                          
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 1.                     
Senator Taylor objected.                                                       
                                                                               
The question being: "Shall Amendment No. 1 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CS SSSB 301(FIN)                                                               
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Lincoln,                 
Little, Salo, Taylor, Zharoff                                                  
                                                                               
Nays:  Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger,         
Sharp                                                                          
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
Senator Phillips offered Amendment No. 2:                                      
                                                                               
Page 1, lines 1 - 3:                                                           
     Delete all material.                                                      
     Insert "An Act relating to the public school foundation                
program; and providing for an effective date."                                
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4366
SB 301                                                                       
Page 1, after line 4:                                                          
	Insert new bill sections to read:                                             
   "* Section 1.  AS14.17.021(b) is amended to read:                         
	(b)  The basic need of a school district is                                  
determined by multiplying the school price index for                       
[AREA COST DIFFERENTIAL OF] the district under                                 
AS14.17.049 [AS14.17.051] by the number of instructional                   
units in the district under AS14.17.031 and then multiplying                   
that product by the instructional unit value in AS14.17.056.                   
   * Sec. 2.  AS14.17.024(a) is amended to read:                             
	(a)  Money for the instructional services provided in                        
a fiscal year by the state boarding school established under                   
AS14.16.010 includes an allocation from the public school                      
foundation account in an amount calculated by                                  
		(1)  multiplying the instructional unit value                               
in AS14.17.056 by the total number of instructional units                      
under AS14.17.031 for that fiscal year, as determined by                       
treating the school as if it were a school district consisting                 
of a single funding community;                                                 
		(2)  multiplying the product determined                                     
under (1) of this subsection by the school price index                     
[AREA COST DIFFERENTIAL] that is applicable to                                 
calculation of the entitlement for the adjacent school district                
under AS14.17.049 [AS14.17.051]; and                                       
		(3)  adding 10 percent of the eligible federal                              
impact aid received for that fiscal year on behalf of the                      
school plus any federal impact aid received on behalf of the                   
school which the state, under P.L. 81-874 (20 U.S.C. 236 -                     
244), as amended, and regulations adopted under it, could                      
not consider as local resources if the school were considered                  
a school district.                                                             
   * Sec. 3.  AS14.17.025(a) is amended to read:                             
	(a)  Local contributions to a city or borough school                         
district shall include at least the lesser of                                  
		(1)  the equivalent of a four mill tax levy                                 
on the full and true value of the taxable real and personal                    
property in the district as of January1 of the second                          
preceding fiscal year, as determined by the Department of                      
Community and Regional Affairs under AS14.17.140 and                           
AS29.45.110; or                                                                
                                                                               

1994-05-05                     Senate Journal                      Page 4367
SB 301                                                                       
		(2)  50 [35] percent of the district's basic                            
need for the preceding fiscal year, as determined under                        
AS14.17.021(b).                                                                
   * Sec. 4.  AS14.17.031(a) is amended to read:                             
	(a)  The department shall adopt regulations defining                         
funding communities within each district that reflect                          
geographic and attendance area factors, and that include at                  
least 25 students in average daily membership.  For the                      
purpose of determining instructional units, students are                       
counted in the district and the funding community from                         
which they receive educational services.  The total number                     
of instructional units in a school district is the sum of the                  
following units for each funding community within the                          
district, as determined by the department:                                     
		(1)  the number of units for elementary and                                 
secondary students determined under AS14.17.041(a) or (b);                     
                                                                               
(2)  the number of units for vocational                                     
education determined under AS14.17.043;                                        
		(3)  the number of units for special                                        
education determined under AS14.17.045; and                                    
		(4)  the number of units for bilingual                                      
education determined under AS14.17.047."                                       
                                                                               
Page 1, line 5:                                                                
	Delete "* Section 1."                                                       
	Insert  "* Sec. 5."                                                         
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 3, line 18:                                                               
	Delete all material.                                                          
	Insert new bill sections to read:                                             
   "* Sec. 7.  AS14.17.041(b) is amended to read:                            
	(b)  For funding communities that are not included                           
under (a) of this section,                                                     
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4368
SB 301                                                                       
		(1)  instructional units for elementary                                     
students are determined by the formula: units = 15 +                         
((ADM-200)/16) [15 + ((ADM-200)/17)], where ADM is the                       
number of students in average daily membership in grades                       
kindergarten through 6;                                                        
		(2)  instructional units for secondary                                      
students are determined by the formula: units = 18 +                           
((ADM-200)/13), where ADM is the number of students in                         
average daily membership in grades 7 through 12.                               
   * Sec. 8.  AS14.17.041 is amended by adding a new subsection              
to read:                                                                       
(e)  A district with an ADM of 900 or less that                               
consists of one funding community shall increase the                           
elementary and secondary instructional units received under                    
(a) or (b) of this section by multiplying the instructional                    
units by a percentage determined under the following table:                    
District ADMPercentage                                                         
		  1 - 250			  1.12                                                           
		251 - 525			  1.08                                                           
		526 - 900			  1.06.                                                          
                                                                               
   * Sec. 9.  AS14.17 is amended by adding a new section to read:            
	Sec. 14.17.049.  SCHOOL PRICE INDEX.  (a)  The                               
department shall determine the school price index for a                        
district based on an average of costs for educational goods                    
and services utilized by the school districts receiving aid                    
under this chapter.  The department, by regulation, shall                      
assign weights for the following categories of costs:                          
		(1)  salaries and benefits of certificated                                  
employees;                                                                     
		(2)  salaries and benefits of noncertificated                               
employees;                                                                     
		(3)  other expenses for nonpersonnel                                        
educational goods and services;                                                
		(4)  other factors intended to take into                                    
account the extent to which an educational program reflects                    
the additional cost of providing free public education in                      
particular types of school districts, including a district that                
is geographically isolated or to a particular type of student,                 
including a student with a disability.                                         
                                                                               

1994-05-05                     Senate Journal                      Page 4369
SB 301                                                                       
	(b)  The department shall adjust the school price                            
index for a district or districts in fiscal year 1999 and every                
third fiscal year thereafter, based on a national elementary                   
and secondary school price index as designated in                              
regulations adopted by the department.  The department shall                   
notify school districts annually of the school price index for                 
each district.                                                                 
	(c)  The department may require school districts to                          
submit uniform cost reports as designated in regulations                       
adopted by the department.                                                     
	(d)  The department shall assign a school price                              
index to a new district based on the school price index for                    
districts that the department determines have similar                          
characteristics, including remoteness, population density, and                 
geographic location.                                                           
   * Sec. 10.  AS14.17.080 is amended to read:                               
	Sec. 14.17.080.  STUDENT COUNT ESTIMATES.                                    
Each district shall prepare and submit to the department, by                   
November20 [OCTOBER15] of each fiscal year, in the                         
manner and on forms prescribed by the department, an                           
estimate of its average daily membership and other student                     
count data for the succeeding fiscal year, upon which                          
computations can be made of the amount of estimated state                      
foundation aid for which the district will be eligible under                   
AS14.17.021 in that fiscal year. In making this estimate for                 
the succeeding fiscal year, the district shall consider its                  
average daily membership in the current fiscal year, other                 
student count data, the pattern of growth or decline in                        
preceding years, and other pertinent information available to                  
the district. The preliminary reports required by this section                 
are the basis for estimating the need for state foundation aid                 
for the next fiscal year.                                                      
   * Sec. 11.  AS14.17.160(b) is amended to read:                            
	(b)  Upon written request and for good cause                                 
shown, the commissioner may permit a district to use a                         
20-school-day counting period from the same school year                    
other than the periods set out in (a) of this section.                         
However, the counting period must be 20 consecutive school                     
days.                                                                          
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4370
SB 301                                                                       
   * Sec. 12.  AS14.17.160 is amended by adding new subsections              
to read:                                                                       
	(c)  Upon written request, and for good cause                                
shown, the commissioner may permit a district to use, for                      
purposes of reporting its average daily membership, the                        
October or February counting period report described in (a)                    
of this section, or the report for another period authorized                   
under (b) of this section, from the immediately preceding                      
school year.  The report must accompany a request under                        
this subsection, and is in addition to the October report for                  
the current school year required by (a) of this section.                       
	(d)  For purposes of this section, "good cause"                              
includes reduction in student enrollment.                                      
   * Sec. 13.  AS14.17.051 is repealed.                                      
   * Sec. 14.  TRANSITION:  REGULATIONS.  The Department                     
of Education may immediately proceed to adopt regulations necessary            
to implement this Act.  The regulations take effect under the                  
Administrative Procedure Act, but not before July1, 1994.                      
   * Sec. 15.  Sections 1, 2, and 13 of this Act take effect July1,          
1995.                                                                          
   * Sec. 16.  Section 14 of this Act takes effect immediately under         
AS01.10.070(c).                                                                
   * Sec. 17.  Sections 3 - 12 of this Act take effect July1, 1994."         
                                                                               
Senator Phillips moved for the adoption of Amendment No. 2.                    
Objections were heard.                                                         
                                                                               
Senator Rieger called the Senate.  The President stated the call was           
satisfied.                                                                     
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CS SSSB 301(FIN) am                                                            
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4371
SB 301                                                                       
Yeas:  Donley, Halford, Kelly, Leman, Miller, Pearce, Phillips,                
Rieger, Sharp                                                                  
                                                                               
Nays:  Adams, Duncan, Ellis, Frank, Jacko, Kerttula, Lincoln, Little,          
Salo, Taylor, Zharoff                                                          
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Senator Sharp offered Amendment No. 3:                                         
                                                                               
Page 1, line 1:                                                                
	Delete "five"                                                               
	Insert  "10"                                                                
                                                                               
Page 1, line 7:                                                                
	Delete "five"                                                             
	Insert  "10"                                                              
                                                                               
Senator Sharp moved for the adoption of Amendment No. 3.                       
Senator Taylor objected.                                                       
                                                                               
Senator Kelly lifted his call.                                                 
                                                                               
                                                                               
                                    RECESS                                   
                                                                               
Senator Pearce moved and asked unanimous consent that the Senate               
stand in recess to a call of the Chair.  Without objection, the Senate         
recessed at 3:29 p.m.                                                          
                                                                               
                                                                               
                                 AFTER RECESS                                
                                                                               
The Senate reconvened at 6:56 p.m.                                             
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4372
                   CONSIDERATION OF THE CALENDAR CONTINUED                   
                                                                               
SB 301                                                                       
President Halford stated CS FOR SPONSOR SUBSTITUTE FOR                         
SENATE BILL NO. 301(FIN) am "An Act allowing a school district                 
to offset a reduction of five percent or more in elementary and                
secondary school instructional units that the district is eligible to          
receive under the foundation formula; increasing the elementary and            
secondary instructional units received in a district that consists of a        
single funding community with an average daily membership of 800               
or fewer students; and providing for an effective date" would be               
returned to the Finance Committee.  Without objection, the bill was            
returned to the Finance Committee.                                             
                                                                               
SB 362                                                                       
SENATE BILL NO. 362 "An Act relating to insurance, to the                      
licensing, accreditation, examination, regulation, and solvency of             
persons engaged in the insurance business, including insurers,                 
nonadmitted insurers, purchasing groups, risk retention groups, and            
United States branches of alien insurers; relating to the management           
of and the filing of reports by persons licensed or otherwise doing            
business under the insurance code; amending Alaska Rule of Civil               
Procedure 45; and providing for an effective date" was read the                
second time.                                                                   
                                                                               
Senator Kelly moved and asked unanimous consent for the adoption               
of the Labor and Commerce Committee Substitute offered on page                 
3447.  Without objection, CS FOR SENATE BILL NO. 362(L&C)                      
was adopted.                                                                   
                                                                               
CS FOR SENATE BILL NO. 362(L&C) was read the second time.                      
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
SENATE BILL NO. 362(L&C) be considered engrossed, advanced                     
to third reading and placed on final passage.  Senator Little                  
objected.                                                                      
                                                                               
Senator Taylor moved and asked unanimous consent that his motion               
to advance the bill be withdrawn.  Without objection, it was so                
ordered.                                                                       
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4373
SB 378                                                                       
Senator Taylor moved and asked unanimous consent that SENATE                   
BILL NO. 378 "An Act relating to permanent fund dividend program               
notice requirements and to dividends of individuals convicted of               
felonies or misdemeanors; and providing for an effective date" be              
placed at the bottom of today's calendar.  Without objection, it was           
so ordered.                                                                    
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 47                                                                        
CS FOR HOUSE BILL NO. 47(FIN) "An Act relating to primary                      
elections and to the delivery of the primary ballots to persons                
making application for them when, by operation of political party              
rule, two or more primary ballots must be provided to the public;              
preventing a voter from changing the voter's party affiliation within          
30 days of a primary election when two or more primary ballots                 
must be provided to the public; and annulling a related regulation;            
and providing for an effective date" was read the second time.                 
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 47(FIN) be advanced to third reading and placed                 
on final passage. Objections were heard.                                       
                                                                               
Senator Taylor moved and asked unanimous consent that his motion               
to advance the bill be withdrawn.  Without objection, it was so                
ordered.                                                                       
                                                                               
HB 119                                                                       
CS FOR HOUSE BILL NO. 119(JUD) am "An Act authorizing a                        
sentencing court to impose a sentence of a day fine instead of a               
sentence of imprisonment on a defendant convicted of a                         
misdemeanor; directing the Alaska Supreme Court to develop and                 
implement a day fine plan; requiring the Alaska Court System to                
report to the legislature on the use of day fines; amending Alaska             
Rule of Criminal Procedure 32; and providing for an effective date"            
was read the second time.                                                      
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4374
HB 119                                                                       
Senator Pearce moved and asked unanimous consent for the adoption              
of the Finance Senate Committee Substitute offered on page 3780.               
Without objection, SENATE CS FOR CS FOR HOUSE BILL NO.                         
119(FIN) was adopted.                                                          
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN) was read                          
the second time.                                                               
                                                                               
Senator Taylor moved and asked unanimous consent that SENATE                   
CS FOR CS FOR HOUSE BILL NO. 119(FIN) be considered                            
engrossed, advanced to third reading and placed on final passage.              
Senator Duncan objected.                                                       
                                                                               
Senator Taylor moved and asked unanimous consent that his motion               
to advance the bill be withdrawn.  Without objection, it was so                
ordered.                                                                       
                                                                               
                                                                               
HB 153                                                                       
CS FOR HOUSE BILL NO. 153(JUD) am "An Act related to the                       
awarding of special good time deductions for prisoners participating           
in the Point MacKenzie Rehabilitation Project; and providing for an            
effective date" was read the second time.                                      
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 153(JUD) am be advanced to third reading and                    
placed on final passage.  Senator Ellis objected.                              
                                                                               
Senator Taylor moved and asked unanimous consent that his motion               
to advance the bill be withdrawn.  Without objection, it was so                
ordered.                                                                       
                                                                               
                                                                               
HB 180                                                                       
HOUSE BILL NO. 180 am "An Act relating to the residential                      
housing inspection requirements of the Alaska Housing Finance                  
Corporation" was read the second time.                                         
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4375
HB 180                                                                       
Senator Rieger moved and asked unanimous consent for the adoption              
of the Rules Senate Committee Substitute offered on page 4357.                 
Without objection, SENATE CS FOR HOUSE BILL NO. 180(RLS)                       
was adopted.                                                                   
                                                                               
SENATE CS FOR HOUSE BILL NO. 180(RLS) was read the                             
second time.                                                                   
                                                                               
Senator Taylor moved and asked unanimous consent that SENATE                   
CS FOR HOUSE BILL NO. 180(RLS) be considered engrossed,                        
advanced to third reading and placed on final passage.  Without                
objection, it was so ordered.                                                 
                                                                               
SENATE CS FOR HOUSE BILL NO. 180(RLS) was read the third                      
time.                                                                          
                                                                               
The question being:  "Shall SENATE CS FOR HOUSE BILL NO.                       
180(RLS) "An Act relating to the residential housing inspection                
requirements of the Alaska Housing Finance Corporation" pass the               
Senate?"  The roll was taken with the following result:                        
                                                                               
SCS HB 180(Rules)                                                              
Third Reading - Final Passage                                                  
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly,             
Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo,              
Sharp, Taylor, Zharoff                                                         
                                                                               
Nays:  Little                                                                  
                                                                               
and so, SENATE CS FOR HOUSE BILL NO. 180(RLS) passed the                       
Senate.                                                                        
                                                                               
Senator Little gave notice of reconsideration.                                 
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4376
HB 183                                                                       
CS FOR HOUSE BILL NO. 183(FIN) am "An Act directing the                        
identification and delineation of a transportation and utility corridor        
between Fairbanks and the Seward Peninsula; and providing for an               
effective date" was read the second time.                                      
                                                                               
Senator Sharp moved and asked unanimous consent for the adoption               
of the Transportation Senate Committee Substitute offered on page              
3626.  Senator Duncan objected, then withdrew his objection.  There            
being no further objections, SENATE CS FOR CS FOR HOUSE                        
BILL NO. 183(TRA) was adopted.                                                 
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 183(TRA) was read                          
the second time.                                                               
                                                                               
HB 214                                                                       
CS FOR HOUSE BILL NO. 214(JUD) "An Act allowing the parent                     
or legal guardian of a minor to disclose information about the minor           
to certain state officials and state employees; prohibiting further            
disclosure of the information to unauthorized persons; amending                
Alaska Child in Need of Aid Rule 22; and providing for an effective            
date" was read the second time.                                                
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 214(JUD) be advanced to third reading and                       
placed on final passage.  Without objection, it was so ordered.                
                                                                               
CS FOR HOUSE BILL NO. 214(JUD) was read the third time.                        
                                                                               
The question being:  "Shall CS FOR HOUSE BILL NO. 214(JUD)                     
"An Act allowing the parent or legal guardian of a minor to disclose           
information about the minor to certain state officials and state               
employees; prohibiting further disclosure of the information to                
unauthorized persons; amending Alaska Child in Need of Aid Rule                
22; and providing for an effective date" pass the Senate?"  The roll           
was taken with the following result:                                           
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4377
HB 214                                                                       
                                                                               
CSHB 214(JUD)                                                                  
Third Reading - Final Passage                                                  
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Ellis, Frank, Halford, Jacko, Kelly, Leman, Lincoln,            
Miller, Pearce, Rieger, Sharp, Taylor                                          
                                                                               
Nays:  Adams, Duncan, Kerttula, Little, Phillips, Salo, Zharoff                
                                                                               
and so, CS FOR HOUSE BILL NO. 214(JUD) passed the Senate.                      
                                                                               
Senator Taylor moved the effective date clause.                                
                                                                               
The question being:  "Shall the effective date clause be adopted?"             
The roll was taken with the following result:                                  
                                                                               
CSHB 214(JUD)                                                                  
Effective Date                                                                 
                                                                               
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula,          
Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor,         
Zharoff                                                                        
                                                                               
Nays:  Adams, Little                                                           
                                                                               
and so, the effective date clause was adopted.                                 
                                                                               
Senator Taylor moved the Court Rule change.                                    
                                                                               
The question being:  "Shall the Court Rule change be adopted?"                 
The roll was taken with the following result:                                  
                                                                               
CSHB 214(JUD)                                                                  
Adopt Court Rule Change(s)?                                                    
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4378
HB 214                                                                       
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Ellis, Frank, Halford, Jacko, Kelly, Leman, Miller,             
Pearce, Rieger, Sharp, Taylor                                                  
                                                                               
Nays:  Adams, Duncan, Kerttula, Lincoln, Little, Phillips, Salo,               
Zharoff                                                                        
                                                                               
and so, the Court Rule change failed.                                          
                                                                               
Senator Taylor gave notice of reconsideration.                                 
                                                                               
HB 230                                                                       
CS FOR HOUSE BILL NO. 230(FIN) "An Act relating to fees for                    
a commercial fishing vessel license" was read the second time.                 
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 230(FIN) be advanced to third reading and                       
placed on final passage.  Senator Zharoff objected, then withdrew his          
objection.  There being no further objections, it was so ordered.              
                                                                               
CS FOR HOUSE BILL NO. 230(FIN) was read the third time.                        
                                                                               
The question being:  "Shall CS FOR HOUSE BILL NO. 230(FIN)                     
"An Act relating to fees for a commercial fishing vessel license"              
pass the Senate?"  The roll was taken with the following result:               
                                                                               
CSHB 230(FIN)                                                                  
Third Reading - Final Passage                                                  
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula,           
Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp,         
Taylor, Zharoff                                                                
                                                                               
Nays:  Donley                                                                  
                                                                               
and so, CS FOR HOUSE BILL NO. 230(FIN) passed the Senate.                      
                                                                               
Senator Zharoff gave notice of reconsideration.                                
                                                                               

1994-05-05                     Senate Journal                      Page 4379
HB 367                                                                       
CS FOR HOUSE BILL NO. 367(JUD) am "An Act relating to                          
limitations on outdoor advertising signs, displays, and devices and            
penalties for violations related to outdoor advertising" was read the          
second time.                                                                   
                                                                               
Senator Pearce offered Amendment No. 1:                                        
                                                                               
Page 2, line 6 and line 31: following "shelters"                               
	Insert ", and adjacent trash receptacles,                                 
                                                                               
Senator Pearce moved and asked unanimous consent for the adoption              
of Amendment No. 1.  Without objection, Amendment No. 1 was                    
adopted.                                                                       
                                                                               
Senator Little offered Amendment No. 2:                                        
                                                                               
Page 2, line 19: after "of"                                                    
	Delete "four"                                                                 
	Insert  "two"                                                                 
                                                                               
Senator Little moved for the adoption of Amendment No. 2.                      
Objections were heard.                                                         
                                                                               
The question being: "Shall Amendment No. 2 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSHB 367(JUD) am S                                                             
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kelly, Kerttula, Little, Phillips,        
Rieger, Salo, Zharoff                                                          
                                                                               
Nays:  Frank, Halford, Jacko, Leman, Lincoln, Miller, Pearce, Sharp,           
Taylor                                                                         
                                                                               
and so, Amendment No. 2 was adopted.                                           
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4380
HB 367                                                                       
Senator Little offered Amendment No. 3:                                        
                                                                               
Page 2, line 26:                                                               
	Delete "8 feet by 12 feet"                                                
	Insert  "4 feet by 8 feet"                                                
                                                                               
Senator Little moved for the adoption of Amendment No. 3.  Senator             
Taylor objected.                                                               
                                                                               
The question being: "Shall Amendment No. 3 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSHB 367(JUD) am S                                                             
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Kerttula, Little, Salo, Zharoff                  
                                                                               
Nays:  Adams, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Miller,            
Pearce, Phillips, Rieger, Sharp, Taylor                                        
                                                                               
and so, Amendment No. 3 failed.                                                
                                                                               
Amendment No. 4 was not offered.                                               
                                                                               
Amendment No. 5 was not offered.                                               
                                                                               
Senator Rieger offered Amendment No. 6:                                        
                                                                               
Page 2, line 9: after "signs"                                                  
	Insert "north of 64 degrees latitude and west of 140 degrees                  
longitude"                                                                     
                                                                               
Senator Rieger moved for the adoption of Amendment No. 6.                      
Senator Little objected.                                                       
                                                                               
The question being: "Shall Amendment No. 6 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4381
HB 367                                                                       
                                                                               
CSHB 367(JUD) am S                                                             
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Kelly, Kerttula, Pearce, Phillips,               
Rieger, Salo                                                                   
                                                                               
Nays:  Adams, Frank, Halford, Jacko, Leman, Lincoln, Little, Miller,           
Sharp, Taylor, Zharoff                                                         
                                                                               
and so, Amendment No. 6 failed.                                                
                                                                               
Senator Kelly offered Amendment No. 7:                                         
                                                                               
Page 2, line 9:                                                                
	Delete "lighting"                                                             
                                                                               
Page 3, line 5:                                                                
	Delete "signs, displays and devices"                                          
	Insert  "unlighted signs, but not displays and devices"                       
                                                                               
Senator Kelly moved for the adoption of Amendment No. 7.                       
Senator Taylor objected.                                                       
                                                                               
The question being: "Shall Amendment No. 7 be adopted?"  The roll              
was taken with the following result:                                           
                                                                               
CSHB 367(JUD) am S                                                             
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Ellis, Kelly, Little, Phillips, Rieger, Salo                    
                                                                               
Nays:  Adams, Duncan, Frank, Halford, Jacko, Kerttula, Leman,                  
Lincoln, Miller, Pearce, Sharp, Taylor, Zharoff                                
                                                                               
and so, Amendment No. 7 failed.                                                
                                                                               

1994-05-05                     Senate Journal                      Page 4382
HB 367                                                                       
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 367(JUD) am S be considered engrossed,                          
advanced to third reading and placed on final passage.  Senator Ellis          
objected.                                                                      
                                                                               
Senator Taylor moved and asked unanimous consent that his motion               
to advance the bill be withdrawn.  Without objection, it was so                
ordered.                                                                       
                                                                               
                        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 returned to the Rules Committee (page 4292) was before                
the Senate.                                                                    
                                                                               
Senator Rieger moved and asked unanimous consent for the adoption              
of the Rules Senate Committee Substitute offered on page 4358.                 
Senator Lincoln objected.                                                      
                                                                               
The question being:  "Shall the Rules Senate Committee Substitute              
be adopted?"  The roll was taken with the following result:                    
                                                                               
SCS CSHB 323(STA)                                                              
Second Reading - On Reconsideration                                            
Adopt Rules Senate Committee Substitute?                                       
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS)                           
was adopted.                                                                   
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4383
HB 323                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS) was                               
automatically in third reading.                                                
                                                                               
Senator Taylor called the Senate.  President Halford stated the call           
was satisfied.                                                                 
                                                                               
The question to be reconsidered:  "Shall SENATE CS FOR CS FOR                  
HOUSE BILL NO. 323(RLS) "An Act relating to requests for                       
anatomical gifts and to the release of certain information for the             
purpose of facilitating anatomical gifts" pass the Senate?"  The roll          
was taken with the following result:                                           
                                                                               
SCS CSHB 323(RLS)                                                              
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Phillips, Rieger,          
Sharp, Taylor                                                                  
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Pearce, Salo, Zharoff                                                          
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS)                           
failed.                                                                        
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
HB 78                                                                        
Senator Donley requested that the reconsideration on HOUSE BILL                
NO. 78 "An Act relating to the testimony of children in certain                
criminal proceedings; and providing for an effective date" be taken            
up at this time.                                                               
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4384
                         HOUSE BILLS IN THIRD READING                        
                                                                               
HB 78                                                                        
HOUSE BILL NO. 78 was before the Senate in third reading on                    
reconsideration.                                                               
                                                                               
The question to be reconsidered:  "Shall HOUSE BILL NO. 78 "An                 
Act relating to the testimony of children in certain criminal                  
proceedings; and providing for an effective date" pass the Senate?"            
The roll was taken with the following result:                                  
                                                                               
HB 78                                                                          
Third Reading - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly,             
Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger,            
Salo, Sharp, Taylor, Zharoff                                                   
                                                                               
and so, HOUSE BILL NO. 78 passed the Senate on reconsideration.                
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clause.  Without objection, it was so ordered.                                 
                                                                               
HOUSE BILL NO. 78 was signed by the President and Secretary                    
and returned to the House.                                                     
                                                                               
HB 222                                                                       
Senator Duncan requested that the reconsideration on SENATE CS                 
FOR CS FOR HOUSE BILL NO. 222(FIN) am S "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" be           
taken up at this time.                                                         
                                                                               

1994-05-05                     Senate Journal                      Page 4385
                         HOUSE BILLS IN THIRD READING                        
                                                                               
HB 222                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) am S was                          
before the Senate in third reading on reconsideration.                         
                                                                               
Senator Pearce called the Senate on the calendar.                              
                                                                               
The question to be reconsidered:  "Shall SENATE CS FOR CS FOR                  
HOUSE BILL NO. 222(FIN) am S "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" pass the                
Senate?"  The roll was taken with the following result:                        
                                                                               
SCS CSHB 222(FIN) am S                                                         
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Halford, Kelly, Leman, Miller, Pearce,                   
Phillips, Rieger, Salo, Sharp, Taylor, Zharoff                                 
                                                                               
Nays:  Adams, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little                  
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN)                           
am S passed the Senate on reconsideration.                                     
                                                                               
Senator Taylor moved the Court Rule changes.                                   
                                                                               
The question being:  "Shall the Court Rule changes be adopted?"                
The roll was taken with the following result:                                  
                                                                               
SCS CSHB 222(FIN) am S                                                         
Adopt Court Rule Change(s)?                                                    
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4386
HB 222                                                                       
Yeas:  Donley, Frank, Halford, Kelly, Leman, Miller, Pearce,                   
Phillips, Rieger, Salo, Sharp, Taylor, Zharoff                                 
                                                                               
Nays:  Adams, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little                  
                                                                               
and so, the Court Rule changes failed to be adopted.                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) am S(crt                          
rule fld S) was referred to the Secretary for engrossment.                     
                                                                               
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 299                                                                       
CS FOR HOUSE BILL NO. 299(FIN) am was read the third time.                     
                                                                               
The question being:  "Shall 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" pass the Senate?"  The roll was taken with the          
following result:                                                              
                                                                               
CSHB 299(FIN) am                                                               
Third Reading - Final Passage                                                  
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Halford, Kelly, Leman, Miller, Pearce,                   
Phillips, Rieger, Sharp, Taylor                                                
                                                                               
Nays:  Adams, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Salo,           
Zharoff                                                                        
                                                                               
and so, CS FOR HOUSE BILL NO. 299(FIN) am passed the Senate.                   
                                                                               
Senator Taylor moved the effective date clause.                                
                                                                               
The question being:  "Shall the effective date clause be adopted?"             
The roll was taken with the following result:                                  
                                                                               

1994-05-05                     Senate Journal                      Page 4387
HB 299                                                                       
                                                                               
CSHB 299(FIN) am                                                               
Effective Date Vote                                                            
                                                                               
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula,          
Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff                
                                                                               
Nays:  Adams, Lincoln, Little, Salo                                            
                                                                               
and so, the effective date clause was adopted.                                 
                                                                               
Senator Ellis gave notice of reconsideration.                                  
                                                                               
SB 248                                                                       
Senator Little moved that the Senate rescind its previous action in            
adopting the Conference Committee Report on CONFERENCE                         
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 248(efd fld)                          
"An Act relating to services for and protection of vulnerable adults."         
                                                                               
Senator Taylor moved and asked unanimous consent that the motion               
to rescind action be placed at the bottom of today's calendar.                 
Without objection, it was so ordered.                                          
                                                                               
                        SENATE BILLS IN THIRD READING                        
                                                                               
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 4327) was before the Senate.                          
                                                                               
Senator Pearce moved and asked unanimous consent that the bill be              
held to the May 6 calendar.   Without objection, it was so ordered.            
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4388
                         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                
4329) was before the Senate.                                                   
                                                                               
Senator Pearce moved and asked unanimous consent that the bill be              
held to the May 6 calendar.  Without objection, it was so ordered.             
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SJR 52                                                                       
SENATE JOINT RESOLUTION NO. 52 Proposing amendments to                         
the Constitution of the State of Alaska relating to the budget reserve         
fund, was read the second time.                                                
                                                                               
Senator Rieger moved and asked unanimous consent for the adoption              
of the Rules Committee Substitute offered on page 4354.  Without               
objection, CS FOR SENATE JOINT RESOLUTION NO. 52(RLS)                          
was adopted.                                                                   
                                                                               
CS FOR SENATE JOINT RESOLUTION NO. 52(RLS) was read the                        
second time.                                                                   
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
SENATE JOINT RESOLUTION NO. 52(RLS) be considered                              
engrossed, advanced to third reading and placed on final passage.              
Senator Duncan objected.                                                       
                                                                               
Senator Taylor moved and asked unanimous consent that his motion               
to advance the bill be withdrawn.  Without objection, it was so                
ordered.                                                                       
                                                                               
SCR 19                                                                       
SENATE CONCURRENT RESOLUTION NO. 19 Suspending                                 
Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State                  
Legislature concerning House Joint Resolution No. 43, relating to a            
constitutional amendment concerning victims of crime, was read the             
second time.                                                                   

1994-05-05                     Senate Journal                      Page 4389
SCR 19                                                                       
Senator Taylor moved for the adoption of the resolution.                       
                                                                               
Senator Taylor moved and asked unanimous consent that his motion               
be withdrawn.  Without objection, it was so ordered.                           
                                                                               
Senator Taylor moved and asked unanimous consent that SENATE                   
CONCURRENT RESOLUTION NO. 19 be taken up before CS FOR                         
HOUSE JOINT RESOLUTION NO. 43(FIN).  Without objection, it                     
was so ordered.                                                                
                                                                               
SR 2                                                                         
SENATE RESOLUTION NO. 2 Urging the Environmental Protection                    
Agency to suspend the oxygenated fuels program in Anchorage,                   
Alaska, was read the second time.                                              
                                                                               
Senator Rieger moved and asked unanimous consent for the adoption              
of the Health, Education and Social Services Committee Substitute              
offered on page 822 (1993 Senate Journal).  Without objection, CS              
FOR SENATE RESOLUTION NO. 2(HES) Urging the                                    
Environmental Protection Agency to request a moratorium from the               
Congress for the MTBE oxygenated fuels programs in Anchorage                   
and Fairbanks, Alaska, was adopted.                                            
                                                                               
Senator Donley offered Amendment No. 1:                                        
                                                                               
Page 2, line 8:                                                                
	Delete "1993 - 1994"                                                          
	Insert  "1994 - 1995"                                                         
                                                                               
Senator Donley moved and asked unanimous consent for the                       
adoption of Amendment No. 1.  Without objection, Amendment No.                 
1 was adopted.                                                                 
                                                                               
Senators Sharp, Leman, Pearce, Frank, Miller, Rieger, Taylor,                  
Zharoff moved and asked unanimous consent that they be shown as                
cosponsors on the resolution.  Without objection, it was so ordered.           
                                                                               
CS FOR SENATE RESOLUTION NO. 2(HES) am was before the                          
Senate on final passage.                                                       
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4390
SR 2                                                                         
The question being:  "Shall CS FOR SENATE RESOLUTION NO.                       
2(HES) am Urging the Environmental Protection Agency to request                
a moratorium from the Congress for the MTBE oxygenated fuels                   
programs in Anchorage and Fairbanks, Alaska, pass the Senate?"                 
The roll was taken with the following result:                                  
                                                                               
CSSR 2(HES) am                                                                 
Second Reading - Final Passage                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly,             
Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger,            
Salo, Sharp, Taylor, Zharoff                                                   
                                                                               
and so, CS FOR SENATE RESOLUTION NO. 2(HES) am passed                          
the Senate.                                                                    
                                                                               
Senator Kelly gave notice of reconsideration.                                  
                                                                               
SCR 19                                                                       
SENATE CONCURRENT RESOLUTION NO. 19 which had been                             
placed before CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN)                        
on the calendar, was before the Senate.                                        
                                                                               
Senator Taylor offered Amendment No. 1:                                        
                                                                               
Page 1, lines 2 - 3:                                                           
	Delete "relating to a constitutional amendment concerning                  
victims of crime"                                                             
                                                                               
	Insert  "proposing constitutional amendments relating to                     
the rights of victims of crimes and to criminal administration"               
                                                                               
Page 1, lines 7 - 10:                                                          
	Delete "relating to a constitutional amendment concerning                     
victims of crime, by inserting "and to penal administration" on              
page 1, line 2, following "victims" in the title of the version that         
passed the House"                                                              
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4391
SCR 19                                                                       
	Insert "so that the title is `Proposing amendments to the                    
Constitution of the State of Alaska relating to the rights of                  
victims of crimes and to criminal administration.'"                           
                                                                               
Senator Taylor moved and asked unanimous consent for the adoption              
of Amendment No. 1.  Without objection, Amendment No. 1 was                    
adopted.                                                                       
                                                                               
The question being:  "Shall SENATE CONCURRENT                                  
RESOLUTION NO. 19 am Suspending Uniform Rules 24(c), 35,                       
41(b), and 42(e) of the Alaska State Legislature concerning House              
Joint Resolution No. 43, proposing constitutional amendments                   
relating to the rights of victims of crimes and to criminal                    
administration, pass the Senate?"  The roll was taken with the                 
following result:                                                              
                                                                               
SCR 19 am                                                                      
Second Reading - Final Passage                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly,             
Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger,            
Salo, Sharp, Taylor, Zharoff                                                   
                                                                               
and so, SENATE CONCURRENT RESOLUTION NO. 19 am passed                          
the Senate and was referred to the Secretary for engrossment.                  
                                                                               
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 43                                                                       
CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) Proposing an                         
amendment to the Constitution of the State of Alaska relating to the           
rights of crime victims, was read the second time.                             
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4392
HJR 43                                                                       
Senator Taylor moved and asked unanimous consent for the adoption              
of the Judiciary Senate Committee Substitute offered on page 4316.             
Without objection, SENATE CS FOR CS FOR HOUSE JOINT                            
RESOLUTION NO. 43(JUD) Proposing amendments to the                             
Constitution of the State of Alaska relating to the rights of victims          
of crimes and to criminal administration" was adopted.                         
                                                                               
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                
43(JUD) was read the second time.                                              
                                                                               
Senator Taylor moved and asked unanimous consent that SENATE                   
CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(JUD) be                            
considered engrossed, advanced to third reading and placed on final            
passage.  Without objection, it was so ordered.                                
                                                                               
Senators Pearce, Halford, Taylor, Frank, Kelly, Miller, Sharp, Phillips        
moved and asked unanimous consent that they be shown as cross                  
sponsors on the resolution.  Without objection, it was so ordered.             
                                                                               
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                
43(JUD) was read the third time.                                               
                                                                               
Senator Donley moved and asked unanimous consent that the                      
following Letter of Intent be adopted.  Senator Rieger objected.               
                                                                               
                                Letter of Intent                               
                                      for                                      
                           SCS for CS for HJR 43(JUD)                          
                                                                               
It is the intent of the legislature in proposing this                         
amendment to the Constitution of the State of                                  
Alaska relating to the rights of victims of crimes                             
and to criminal administration that, if this                                   
amendment is adopted, the Rights of Victims Act                                
passed in 1989 should be accepted as a codification                            
of the rights secured by this constitutional provision,                        
subject to further clarification or expansion as                               
deemed appropriate by the legislature.                                         
                                                                               
The question being: "Shall the Letter of Intent be adopted?"  The              
roll was taken with the following result:                                      

1994-05-05                     Senate Journal                      Page 4393
HJR 43                                                                       
                                                                               
SCS CSHJR 43(JUD)                                                              
Third Reading - Final Passage                                                  
Adopt Letter of Intent?                                                        
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Halford, Leman, Miller, Pearce, Phillips,                
Sharp, Taylor                                                                  
                                                                               
Nays:  Adams, Duncan, Ellis, Jacko, Kelly, Kerttula, Lincoln, Little,          
Rieger, Salo, Zharoff                                                          
                                                                               
and so, the Letter of Intent failed.                                           
                                                                               
The question being:  "Shall SENATE CS FOR CS FOR HOUSE                         
JOINT RESOLUTION NO. 43(JUD) Proposing an amendment to the                     
Constitution of the State of Alaska relating to the rights of crime            
victims, pass the Senate?"  The roll was taken with the following              
result:                                                                        
                                                                               
SCS CSHJR 43(JUD)                                                              
Third Reading - Final Passage                                                  
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Halford, Kelly, Leman, Miller, Phillips, Sharp,          
Taylor                                                                         
                                                                               
Nays:  Adams, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Pearce,         
Rieger, Salo, Zharoff                                                          
                                                                               
and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION                            
NO. 43(JUD) failed.                                                            
                                                                               
Senator Halford gave notice of reconsideration.                                
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4394
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 378                                                                       
SENATE BILL NO. 378 "An Act relating to permanent fund                         
dividend program notice requirements and to dividends of individuals           
convicted of felonies or misdemeanors; and providing for an effective          
date" which had been moved to the bottom of today's calendar (page             
4373) was read the second time.                                                
                                                                               
Senator Frank moved and asked unanimous consent for the adoption               
of the Finance Committee Substitute offered on page 4212.  Without             
objection, CS FOR SENATE BILL NO. 378(FIN) "An Act relating                    
to permanent fund dividend program notice requirements, to the                 
ineligibility for dividends of individuals convicted of felonies or            
incarcerated for misdemeanors, and to the determination of the                 
number and identity of certain ineligible individuals; and providing           
for an effective date" was adopted.                                            
                                                                               
CS FOR SENATE BILL NO. 378(FIN) was read the second time.                      
                                                                               
Senator Frank offered Amendment No. 1:                                         
                                                                               
Page 2, line 4:                                                                
	Delete "or"                                                               
                                                                               
Page 2, lines 6 - 7:                                                           
	Delete "or misdemeanor"                                                   
                                                                               
Page 2, line 7:                                                                
	Delete "."                                                                    
	Insert "; or                                                                
		(3)  during all or part of the calendar                                     
year immediately preceding that dividend year, as a                            
result of a third or subsequent conviction of a                                
misdemeanor, the individual was incarcerated; for                              
purposes of applying this paragraph only convictions that                      
occur on or after January1, 1993, may be considered."                        
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4395
SB 378                                                                       
Page 2, line 12:                                                               
	After "system,"                                                           
	Insert "to the Department of Revenue for the satisfaction                   
of child support obligations of individuals who are not eligible               
for a dividend under AS43.23.005(d) but are otherwise eligible,"             
                                                                               
Page 3, line 27:                                                               
	After "system,"                                                               
	Insert "to the Department of Revenue for the satisfaction of                  
child support obligations of individuals who are not eligible for a            
dividend under AS43.23.005(d) but are otherwise eligible,"                     
                                                                               
Senator Frank 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 Taylor moved and asked unanimous consent that CS FOR                   
SENATE BILL NO. 378(FIN) am be considered engrossed, advanced                  
to third reading and placed on final passage.  Without objection, it           
was so ordered.                                                                
                                                                               
CS FOR SENATE BILL NO. 378(FIN) am was read the third time.                    
                                                                               
The question being:  "Shall CS FOR SENATE BILL NO. 378(FIN)                    
am "An Act relating to permanent fund dividend program notice                  
requirements, to the ineligibility for dividends of individuals                
convicted of felonies or incarcerated for misdemeanors, and to the             
determination of the number and identity of certain ineligible                 
individuals; and providing for an effective date" pass the Senate?"            
The roll was taken with the following result:                                  
                                                                               
CSSB 378(FIN) am                                                               
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Halford, Kelly, Kerttula,                 
Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp,         
Taylor, Zharoff                                                                
                                                                               
Nays:  Adams, Jacko                                                            
                                                                               

1994-05-05                     Senate Journal                      Page 4396
SB 378                                                                       
and so, CS FOR SENATE BILL NO. 378(FIN) am passed the                          
Senate.                                                                        
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clause.  Without objection, it was so ordered.                                 
                                                                               
Senator Adams gave notice of reconsideration.                                  
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
SB 248                                                                       
Senator Little moved that the Senate rescind its previous action in            
adopting the Conference Committee Report on CCS SB 248(efd fld)                
"An Act relating to services for and protection of vulnerable adults."         
                                                                               
The question being: "Shall the Senate rescind its previous action in           
adopting the Conference Committee Report?"  The roll was taken                 
with the following result:                                                     
                                                                               
CCS SB 248                                                                     
Rescind previous action in adopting                                            
Conference Committee Report?                                                   
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Lincoln,                 
Little, Pearce, Salo, Zharoff                                                  
                                                                               
Nays:  Frank, Halford, Kelly, Leman, Miller, Phillips, Rieger, Sharp,          
Taylor                                                                         
                                                                               
and so, the Senate rescinded its previous action.                              
                                                                               
Senator Taylor moved and asked unanimous consent that the                      
Conference Committee Report be held to the May 6 calendar.                     
Without objection, it was so ordered.                                          
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4397
                                  CITATIONS                                  
                                                                               
Honoring - Michael C. Fish, Aviation Survivalman Second Class,                 
U.S. Coast Guard                                                               
by Representative(s) Menard, Carney, Larson                                    
Senator(s) Kerttula, Halford, Zharoff, Taylor, Duncan, Pearce,                 
Lincoln, Leman                                                                 
                                                                               
Honoring - Rural Student Services, UAF 25th Anniversary                        
by Representative(s) Davies, Brice, Nicholia, Hoffman, Sitton                  
Senator(s) Lincoln, Adams, Zharoff, Taylor, Ellis, Duncan, Kerttula,           
Little, Pearce, Jacko, Leman                                                   
                                                                               
Honoring - Matt Mattson                                                        
by Representative(s) Davies, Willis, Sitton, Brice                             
Senator(s) Frank, Miller, Zharoff, Taylor, Duncan, Kerttula, Little,           
Pearce, Lincoln                                                                
                                                                               
Honoring - Prince William Sound Aquaculture Corporation                        
by Senator(s) Lincoln, Zharoff, Taylor, Sharp, Ellis, Duncan,                  
Kerttula, Little, Pearce, Leman                                                
Representative(s) Olberg                                                       
                                                                               
Honoring - "Fast Eddie" Foster                                                 
by Senator(s) Kelly, Zharoff, Taylor, Phillips, Duncan, Kerttula,              
Pearce, Lincoln, Adams, Halford                                                
                                                                               
Honoring - Pat Ryan                                                            
by Senator(s) Kelly, Zharoff, Taylor, Sharp, Duncan, Kerttula,                 
Pearce, Leman, Halford, Frank                                                  
                                                                               
Honoring - Chugiak High School Mustangs, 1994 4-A State                        
Volleyball Champions                                                           
by Representative(s) Willis, Carney, Kott                                      
Senator(s) Halford, Phillips, Zharoff, Taylor, Duncan, Kerttula,               
Pearce, Lincoln, Leman                                                         
                                                                               
Honoring - Dean Schlehofer and Eric Emmons                                     
by Representative(s) Mulder                                                    
Senator(s) Zharoff, Taylor, Duncan, Kerttula, Pearce, Salo                     
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4398
Honoring - Usibelli Coal Mine, Fifty Great Years in Alaska                     
by Representative(s) Phillips                                                  
Senator(s) Sharp, Frank, Miller, Zharoff, Taylor, Duncan, Kerttula,            
Lincoln, Pearce, Leman, Halford                                                
                                                                               
Honoring - Capital City High School Science Fair Winners                       
by Representative(s) Ulmer, Hudson                                             
Senator(s) Duncan, Zharoff, Taylor, Kerttula, Pearce, Leman                    
                                                                               
Honoring - Jeffrey R. Skrade                                                   
by Senator(s) Jacko, Zharoff, Taylor, Duncan, Kerttula, Lincoln                
                                                                               
Honoring - Hobo Jim, Alaska's Balladeer                                        
by Representative(s) Phillips                                                  
Senator(s) Little, Zharoff, Taylor, Duncan, Kerttula, Lincoln, Pearce,         
Kelly, Halford, Salo                                                           
                                                                               
In Memoriam - Robert "Uncle "Bob" Pavitt                                       
by Representative(s) Ulmer, Hudson                                             
Senator(s) Duncan, Kerttula, Zharoff, Taylor, Ellis, Kerttula, Little,         
Lincoln, Pearce, Kelly, Donley, Leman                                          
                                                                               
Senator Taylor moved and asked unanimous consent that the                      
citations be adopted.  Without objection, the citations were adopted           
and referred to the Secretary for transmittal.                                 
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 323                                                                       
Senator Pearce moved that the Senate rescind its previous action in            
failing SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS)                           
"An Act relating to requests for anatomical gifts and to the release           
of certain information for the purpose of facilitating anatomical              
gifts."                                                                        
                                                                               
The question being: "Shall the Senate rescind its previous action in           
failing SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS)?"                         
The roll was taken with the following result:                                  
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4399
HB 323                                                                       
                                                                               
SCS CSHB 323(RLS)                                                              
Rescind Previous Action                                                        
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
and so, the Senate rescinded its previous action.                              
                                                                               
The question to be reconsidered:  "Shall SENATE CS FOR CS FOR                  
HOUSE BILL NO. 323(RLS) "An Act relating to requests for                       
anatomical gifts and to the release of certain information for the             
purpose of facilitating anatomical gifts" pass the Senate?"  The roll          
was taken with the following result:                                           
                                                                               
SCS CSHB 323(RLS)                                                              
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS)                           
passed the Senate on reconsideration.                                          
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS) was                               
referred to the Secretary for engrossment.                                     
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4400
                             UNFINISHED BUSINESS                             
HB 538                                                                       
Senator Kelly, Chair, moved and asked unanimous consent that the               
Labor and Commerce Committee referral be waived on CS FOR                      
HOUSE BILL NO. 538(L&C) "An Act relating to uniform claims                     
forms, uniform standards, and uniform procedures for processing data           
relating to billing and payment of health care services; and providing         
for an effective date."  Without objection, it was so ordered.                 
                                                                               
CS FOR HOUSE BILL NO. 538(L&C) was referred to the Rules                       
Committee.                                                                     
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                 ENGROSSMENT                                 
                                                                               
SCR 19                                                                       
SENATE CONCURRENT RESOLUTION NO. 19 am Suspending                              
Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State                  
Legislature concerning House Joint Resolution No. 43 proposing                 
constitutional amendments relating to the rights of victims of crimes          
and to criminal administration, was engrossed, signed by the                   
President and Secretary and transmitted to the House for                       
consideration.                                                                 
                                                                               
HB 222                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) am S(ct                           
rule fld S) "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" was engrossed, signed by the                  
President and Secretary and returned to the House for consideration.           
                                                                               
HB 323                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS) "An Act                           
relating to requests for anatomical gifts and to the release of certain        
information for the purpose of facilitating anatomical gifts" was              
engrossed, signed by the President and Secretary and returned to the           
House for consideration.                                                       

1994-05-05                     Senate Journal                      Page 4401
HB 351                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) am S "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 engrossed, signed by the President and                  
Secretary and returned to the House for consideration.                         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., May 6, 1994.  Without                   
objection, the Senate adjourned at 10:31 p.m.                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                              May 1994         
                                                                               

1994-05-05                     Senate Journal                      Page 4402
                                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 05                              THURSDAY                   9:00 AM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 518                              
MAY 05                              THURSDAY                   9:00 AM         
 	BILLS PREVIOUSLY HEARD:                                                      
SB 372	ALCOHOLIC BEVERAGES: LOCAL OPTION & MISC.                               
HB 231	AGGRAVATING/MITIGATING FACTORS;SEX CRIMES                               
HB 409	AFDC DEMO PROJECT AND DECREASE                                          
HB 445	DWI LAWS                                                                
 	NEW BILLS:                                                                   
HB 201	MENTAL HEALTH TRUST AMENDMENTS                                          
HB 301	BAN SALE OF SOME STUDDED TIRES AND STUDS                                
 	<PENDING REFERRAL>                                                           
HB 456	APPROP: COST OF CERTAIN LABOR AGREEMENTS                                
HB 494	ALASKA PENSION INVESTMENT AUTHORITY                                     
HB 510	APPROP: U OF AK LABOR AGREEMENT                                         
SB 304	AHFC BONDS FOR UNIV. OF ALASKA USES                                     
                                                                               
MAY 05                              THURSDAY                  10:30 PM         
 	** TO MEET UPON ADJOURNMENT **                                               
SB 301	REVISE FOUNDATION FORMULA, SMALL SCHOOLS                                
                                                                               
MAY 06                               FRIDAY                    0:00 AM         
 	** TO MEET AT CALL OF CHAIR AFTER SESSION **                                 
                    ----------------------------------------                   
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4403
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
MAY 06                               FRIDAY                    4:00 PM         
 	** NOTE TIME CHANGE **                                                       
 	BILLS PREVIOUSLY HEARD                                                       
HB 459	DAMAGES & ATTY FEES FOR UNPAID WAGES                                    
HB  54	TELEPHONE CONSUMER PROTECTION                                           
HB 253	FISHERIES BUSINESS TAXES                                                
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                              FAHRENKAMP ROOM 203                              
MAY 05                              THURSDAY                   5:45 PM         
 	LABOR & COMMERCE                                                             
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                                 BELTZ ROOM 211                                
MAY 05                              THURSDAY                   3:30 PM         
 	** NOTE LOCATION CHANGE **                                                   
HB 218	REPEAL 58 FT. LIMIT FOR SEINE VESSELS                                   
SCR 20	REOPENING ALASKA-JUNEAU MINE                                            
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                              FAHRENKAMP ROOM 203                              
MAY 06                               FRIDAY                   10:00 AM         
 	RULES                                                                        
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                         LEGISLATIVE BUDGET AND AUDIT                        
                               SENATE FINANCE 518                              
MAY 07                              SATURDAY                   8:30 AM         
 	RELEASE FINAL AUDIT CONSTITUTIONAL RESERVE FUND                              
                                                                               
                               OTHER COMMITTEES                              
                                                                               
                               MINORITY CAUCUS                               
                                 BELTZ ROOM 211                                
MAY 05                              THURSDAY                   9:00 AM         
 	JOINT WITH HOUSE                                                             
                    ----------------------------------------                   
                                                                               
                                                                               

1994-05-05                     Senate Journal                      Page 4404
                            CONFERENCE COMMITTEES                            
                               SENATE FINANCE 518                              
MAY 05                              THURSDAY                   3:00 PM         
HB 370	APPROP: FY 95 OPERATING AND LOAN BUDGET                                 
                                                                               
                                CAPITOL ROOM 106                               
MAY 06                               FRIDAY                   10:30 AM         
SB 250	REVISE OLDER ALASKANS COMMISSION                                        
                                                                               
                               SENATE FINANCE 518                              
MAY 06                               FRIDAY                    3:00 PM         
HB 370	APPROP: FY 95 OPERATING AND LOAN BUDGET                                 
                                                                               
MAY 07                              SATURDAY                   3:00 PM         
HB 370	APPROP: FY 95 OPERATING AND LOAN BUDGET