Legislature(1993 - 1994)
1994-05-06 Senate Journal
Full Journal pdf1994-05-06 Senate Journal Page 4405 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Friday May 6, 1994 One Hundred Seventeenth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:29 a.m. The roll showed nineteen members present. Senator Little was absent. The prayer was offered by the Chaplain, Pastor Mike Rose of the Bethel Assembly of God. Senator Taylor moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Heavenly Father, thank You for the privilege to be alive on this beautiful day. Thank You that You have created us with the capacity to respond to You as the Psalmist wrote: "Make a joyful noise unto the Lord all ye lands, serve the Lord with gladness, come before his presence with singing; know ye that the Lord he is God, it is he that hath made us and not we ourselves; we are his people and the sheep of his pasture. Enter into his gates with thanksgiving and into his courts with praise; be thankful unto him and bless his name, for the Lord is good, His mercy is everlasting and his truth endureth to all generations." Lord, may our understanding of who You are give us perspective in the decisions that we make. We ask that You will give wisdom, guidance and strength to each of us today. We also pray for Your blessing on all the families represented here. Thank You for Your provision in all of these areas, in Jesus' name. Amen. 4405 1994-05-06 Senate Journal Page 4406 Senator Miller led the Senate in the pledge of allegiance. The presence of Senator Little was noted. CERTIFICATION SB 301 Senator Taylor moved and asked unanimous consent that the journal for the one hundred sixteenth legislative day be approved as certified by the Secretary with the following correction to Page 4367, Line 8: change "16" to "25". Without objection, the journal was approved as corrected. MESSAGES FROM THE GOVERNOR HB 374 Message of May 5 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 374(FIN) "An Act relating to reimbursable service agreements and other agreements between state agencies for the purchase of services." Chapter 18, SLA 1994 Effective Date: 8/3/94 HB 117 Message of May 5 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 117 "An Act naming the Manvil H. Olson Bridge." Chapter 19, SLA 1994 Effective Date: 8/3/94 1994-05-06 Senate Journal Page 4407 SB 242 Message of May 5 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 242 am H "An Act relating to office hours of state agencies." Chapter 20, SLA 1994 Effective Date: 8/3/94 SB 225 Message of May 5 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 225(HES) "An Act relating to credits against certain insurance taxes for contributions to certain educational institutions; and providing for an effective date." Chapter 21, SLA 1994 Effective Date: See Chapter HB 504 Message of May 5 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 504 "An Act relating to sale of alcoholic beverages to military personnel who are guests in certain clubs." Chapter 22, SLA 1994 Effective Date: 8/3/94 SB 266 Message of May 5 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-05-06 Senate Journal Page 4408 SB 266 CS FOR SENATE BILL NO. 266(L&C) "An Act extending the termination date of the Board of Certified Direct-Entry Midwives." Chapter 23, SLA 1994 Effective Date: 8/3/94 HB 96 Message of May 5 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 96 "An Act extending the termination date of the Alcoholic Beverage Control Board." Chapter 24, SLA 1994 Effective Date: 8/3/94 HB 327 Message of May 5 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 327 "An Act extending the termination date of the Board of Veterinary Examiners; and providing for an effective date." Chapter 25, SLA 1994 Effective Date: 5/6/94 MESSAGES FROM THE HOUSE SB 250 Message of May 5 was read, stating the Speaker granted limited powers of free conference to the House conferees considering 1994-05-06 Senate Journal Page 4409 SB 250 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" and CS FOR SENATE BILL NO. 240(FIN) am on the following specific points: (1) Page 3, line 5, delete Section 6 and insert a 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. As 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." The President granted Senate members limited powers on May 5. HB 254 Message of May 5 was read, stating the Speaker has granted limited powers of free conference to the House conferees considering CS FOR HOUSE BILL NO. 254(JUD) am(ct rule fld) "An Act relating to open meetings of governmental bodies" and SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) am S "An Act relating to open meetings of governmental bodies; and providing for an effective date" on the following specific points: (1) * Sec. 9. OPEN MEETINGS COMMITTEE (2) * Sec. 10. AS 24.60.037 is repealed President Halford granted the Senate members limited powers as requested on the above specific points. 1994-05-06 Senate Journal Page 4410 SB 293 Message of May 5 was read, stating the House passed and returned: SENATE BILL NO. 293 "An Act relating to the authority of the commissioner of natural resources to reconvey, or relinquish an interest in, land to the United States if that land or interest being reconveyed or relinquished is identified in an amended application for a land allotment under federal law." SENATE BILL NO. 293 was referred to the Secretary for enrollment. Message dated May 5 was read stating: The House respectfully requests the Senate to meet in Joint Session in the House Chamber on May 9, 1994 at 2:00 p.m. for the purposes of addressing confirmation of the Governor's appointees. Senator Taylor moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. Without objection, it was so ordered. The Secretary was requested to notify the House. HCR 36 HOUSE CONCURRENT RESOLUTION NO. 36 am Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 247, relating to state leases and to state lease-purchase and lease-financing agreements, was read the first time. Senator Taylor moved and asked unanimous consent that HOUSE CONCURRENT RESOLUTION NO. 36 am be held to the May 7 calendar. Without objection, it was so ordered. 1994-05-06 Senate Journal Page 4411 SB 247 Message of May 5 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 247(2d FIN) "An Act making subject to prior legislative approval contracts entered into or renewed by the executive branch of state government, the legislative council, the Alaska Court System, and the University of Alaska for the lease of real property if the lease has an annual rent payable that is anticipated to exceed $500,000 or has total payments that exceed $2,500,000 for the term of the lease, including any renewal options that are defined in the lease; prohibiting these entities from entering into or renewing a lease of real property if any or all renewal periods in the lease exceed the original term of the lease; making subject to prior legislative approval lease-purchase agreements that may be entered into by these entities to acquire real property, other than lease-purchase agreements to refinance outstanding balances on existing lease-purchase agreements and lease-purchase agreements secured by University of Alaska student fees and university receipts; authorizing these entities to enter into lease-purchase agreements only in the capacity of lessee under the proposed lease-purchase agreement; defining procedures that these entities must follow when considering whether or not to enter into lease-purchase agreements, and setting limits on the duration of these agreements; providing definitions for applicable terms; and providing for an effective date" with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 247(FIN) am H "An Act making subject to prior legislative approval contracts entered into or renewed by the executive branch of state government, the legislative council, the Alaska Court System, and, with certain exceptions, the University of Alaska for the lease of real property if the lease has an annual rent payable that is anticipated to exceed $500,000 or has total payments that exceed $2,500,000 for the term of the lease, including any renewal options that are defined in the lease; prohibiting these entities from entering into or renewing a lease of real property if any or all renewal periods in the lease exceed the original term of the lease; making subject to prior legislative approval lease-purchase agreements that may be entered into by these entities to acquire real property, other than lease-purchase agreements to refinance outstanding balances on existing lease-purchase agreements and lease-purchase agreements 1994-05-06 Senate Journal Page 4412 SB 247 secured by University of Alaska student fees and university receipts; authorizing these entities to enter into lease-purchase agreements only in the capacity of lessee under the proposed lease-purchase agreement; defining procedures that these entities must follow when considering whether or not to enter into lease-purchase agreements, setting limits on the duration of these agreements; and providing definitions for applicable terms; and providing for an effective date." (Title change authorized by HCR 36 am) President Halford stated the House message would be taken up after HOUSE CONCURRENT RESOLUTION NO. 36 am (page 4410). SB 342 Message of May 5 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 342(L&C) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 342(STA) "An Act relating to risk based capital for insurers; and providing for an effective date." Senator Taylor moved that the Senate concur in the House amendment. Senator Adams objected. Senator Duncan called the Senate. President Halford stated the call was satisfied. The question being: "Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 342(L&C)?" The roll was taken with the following result: HCS CSSB 342(STA) Shall the Senate concur in the House amendment to CSSB 342(L&C)? Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 1994-05-06 Senate Journal Page 4413 SB 342 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, the Senate concurred in the House amendment, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 342(STA) "An Act relating to risk based capital for insurers; and providing for an effective date." Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 342(STA) was referred to the Secretary for enrollment. STANDING COMMITTEE REPORTS SCR 20 The Resources Committee considered SENATE CONCURRENT RESOLUTION NO. 20 Supporting the reopening and development of the Alaska-Juneau Mine, and recommended it be replaced with CS FOR SENATE CONCURRENT RESOLUTION NO. 20(RES), Supporting the responsible development of mining in Juneau. Signing do pass: Senator Miller, Chair, Senators Frank, Pearce, Leman. Signing no recommendation: Senators Donley, Zharoff. Zero fiscal note for the resolution and committee substitute published today from Senate Resources Committee. SENATE CONCURRENT RESOLUTION NO. 20 was referred to the Rules Committee. 1994-05-06 Senate Journal Page 4414 SB 301 The Finance Committee considered 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" and recommended it be replaced with 2d CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 301(FIN), entitled: "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." Signing do pass: Senator Frank, Cochair, Senators Kelly, Rieger. Signing no recommendation: Senator Pearce, Cochair, Senators Sharp, Jacko. Previous fiscal note applies to the 2d Finance Committee Substitute. CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 301(FIN) am was referred to the Rules Committee. HB 218 The Resources Committee considered CS FOR HOUSE BILL NO. 218(FSH) "An Act relating to the maximum length of salmon seine vessels; and providing for an effective date." Signing do pass: Senator Miller, Chair. Signing no recommendation: Senators Frank, Pearce, Donley, Zharoff, Leman. Zero fiscal note published today from Department of Fish and Game. CS FOR HOUSE BILL NO. 218(FSH) was referred to the Rules Committee. 1994-05-06 Senate Journal Page 4415 HB 221 The Labor and Commerce Committee considered HOUSE BILL NO. 221 "An Act relating to workers' compensation for volunteer ambulance attendants, police officers, and fire fighters; and providing for an effective date" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 221(L&C) Signing do pass: Senator Kelly, Chair, Senator Sharp. Signing no recommendation: Senators Rieger, Salo. Zero fiscal note for the bill and Senate Committee Substitute published today from Department of Administration. HOUSE BILL NO. 221 was referred to the Rules Committee. HB 2 The Rules Committee considered CS FOR HOUSE BILL NO. 2(RLS) "An Act requiring drug and alcohol tests for school bus drivers." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. CS FOR HOUSE BILL NO. 2(RLS) is on today's calendar. HB 4 The Rules Committee considered CS FOR HOUSE BILL NO. 4(JUD) "An Act relating to failure to report harm or assaults of the elderly or disabled." Signing to calendar: Senator Halford, Chair, Senators Rieger, Little, Zharoff. CS FOR HOUSE BILL NO. 4(JUD) is on today's calendar. HB 128 The Rules Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) "An Act relating to paternity determinations and acknowledgements." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) is on today's calendar. 1994-05-06 Senate Journal Page 4416 HB 302 The Rules Committee considered CS FOR HOUSE BILL NO. 302(STA) "An Act excluding certain sports officials and certain recreational activities sanctioned by an employer from coverage provided under workers' compensation; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff, Jacko. Signing pass State Affairs version: Senator Little. CS FOR HOUSE BILL NO. 302(STA) is on today's calendar. HB 443 The Rules Committee considered CS FOR HOUSE BILL NO. 443(RES) am(efd fld) "An Act relating to the confidentiality of certain records relating to fish and wildlife." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. CS FOR HOUSE BILL NO. 443(RES) am(efd fld) is on today's calendar. HB 531 The Rules Committee considered CS FOR HOUSE BILL NO. 531(STA) am "An Act relating to the Milk Control Advisory Board, Museum Collections Advisory Committee, Alaska Workers' Compensation Board, resource development authorities, Board of Parole, railroad labor relations agency, Alaska School Activities Association, Steering Council for Alaska Lands, Rural Affairs Commission, Governor's Commission on the Involvement of Young People in Government, Yukon-Taiya Commission, environmental advisory board, Alaska Gas Pipeline Financing Authority, and Alaska Manpower Services Council; and establishing regional resource development authorities; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. CS FOR HOUSE BILL NO. 531(STA) am is on today's calendar. 1994-05-06 Senate Journal Page 4417 CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 2 CS FOR HOUSE BILL NO. 2(RLS) "An Act requiring drug and alcohol tests for school bus drivers" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 2(RLS) be 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. HB 4 CS FOR HOUSE BILL NO. 4(JUD) "An Act relating to failure to report harm or assaults of the elderly or disabled" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 4(JUD) be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 4(JUD) was read the third time. Senators Duncan, Little, Taylor, Pearce, Kerttula, Donley, Lincoln, Ellis, Zharoff, Jacko, Leman moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 4(JUD) "An Act relating to failure to report harm or assaults of the elderly or disabled" pass the Senate?" The roll was taken with the following result: 1994-05-06 Senate Journal Page 4418 HB 4 CSHB 4(JUD) Third 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 HOUSE BILL NO. 4(JUD) passed the Senate. CS FOR HOUSE BILL NO. 4(JUD) was signed by the President and Secretary and returned to the House. HB 128 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) "An Act relating to paternity determinations and acknowledgements" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) was read the third time. Senators Pearce, Little, Ellis, Leman, Salo, Kelly, Taylor moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) "An Act relating to paternity determinations and acknowledgements" pass the Senate?" The roll was taken with the following result: CSSSHB 128(FIN) Third Reading - Final Passage 1994-05-06 Senate Journal Page 4419 HB 128 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 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) passed the Senate. CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) was signed by the President and Secretary and returned to the House. HB 302 CS FOR HOUSE BILL NO. 302(STA) "An Act excluding certain sports officials and certain recreational activities sanctioned by an employer from coverage provided under workers' compensation; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 3970. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 302(JUD) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 302(JUD) was read the second time. Senator Phillips offered Amendment No. 1 : Page 2, line 11: after "recreational": Insert "league" Senator Phillips moved for the adoption of Amendment No. 1. Senator Duncan objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1994-05-06 Senate Journal Page 4420 HB 302 SCS CSHB 302(JUD) Second Reading Amendment No. 1 YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Frank, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Salo, Sharp, Taylor, Zharoff Nays: Halford Absent: Rieger and so, Amendment No. 1 was adopted. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 302(JUD) am S be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 302(JUD) am S was read the third time. Senators Kerttula, Pearce, Sharp, Kelly, Miller, Taylor, Phillips, Leman moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 302(JUD) am S "An Act excluding certain sports officials and certain recreational activities sanctioned by an employer from coverage provided under workers' compensation; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 302(JUD) am S Third Reading - Final Passage Effective Date 1994-05-06 Senate Journal Page 4421 HB 302 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 CS FOR CS FOR HOUSE BILL NO. 302(JUD) am S 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. SENATE CS FOR CS FOR HOUSE BILL NO. 302(JUD) am S was referred to the Secretary for engrossment. HB 443 CS FOR HOUSE BILL NO. 443(RES) am(efd fld) "An Act relating to the confidentiality of certain records relating to fish and wildlife" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 443(RES) am(efd fld) be advanced to third reading and placed on final passage. Senators Duncan, Ellis objected. President Halford requested that Senator Taylor serve as President pro tempore. The question being: "Shall CS FOR HOUSE BILL NO. 443(RES) am(efd fld) be advanced to third reading?" The roll was taken with the following result: CSHB 443(RES) AM(EFD FLD) Advance from Second to Third Reading? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 1994-05-06 Senate Journal Page 4422 HB 443 Yeas: Donley, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Kerttula changed from "Yea" to "Nay". and so, the bill failed to advance to third reading. President pro tempore Taylor returned to the floor. President Halford returned as presiding officer. HB 531 CS FOR HOUSE BILL NO. 531(STA) am "An Act relating to the Milk Control Advisory Board, Museum Collections Advisory Committee, Alaska Workers' Compensation Board, resource development authorities, Board of Parole, railroad labor relations agency, Alaska School Activities Association, Steering Council for Alaska Lands, Rural Affairs Commission, Governor's Commission on the Involvement of Young People in Government, Yukon-Taiya Commission, environmental advisory board, Alaska Gas Pipeline Financing Authority, and Alaska Manpower Services Council; and establishing regional resource development authorities; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 531(STA) am be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 531(STA) am was read the third time. Senator Duncan called the Senate. The call was satisfied. The question being: "Shall CS FOR HOUSE BILL NO. 531(STA) am "An Act relating to the Milk Control Advisory Board, Museum Collections Advisory Committee, Alaska Workers' Compensation Board, resource development authorities, Board of Parole, railroad labor relations agency, Alaska School Activities Association, Steering 1994-05-06 Senate Journal Page 4423 HB 531 Council for Alaska Lands, Rural Affairs Commission, Governor's Commission on the Involvement of Young People in Government, Yukon-Taiya Commission, environmental advisory board, Alaska Gas Pipeline Financing Authority, and Alaska Manpower Services Council; and establishing regional resource development authorities; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 531(STA) am Third Reading - Final Passage Effective Date YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Lincoln, Zharoff and so, CS FOR HOUSE BILL NO. 531(STA) 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 Lincoln gave notice of reconsideration. UNFINISHED BUSINESS HB 230 Senator Zharoff requested that the reconsideration on CS FOR HOUSE BILL NO. 230(FIN) "An Act relating to fees for a commercial fishing vessel license" be taken up at this time. HOUSE BILLS IN THIRD READING HB 230 CS FOR HOUSE BILL NO. 230(FIN) was before the Senate in third reading on reconsideration. 1994-05-06 Senate Journal Page 4424 HB 230 Senator Zharoff moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Zharoff offered Amendment No. 1 : Page 2, after line 11: Insert a new bill section to read: "* Sec. 3. AS16.05.530 is amended by adding a new subsection to read: (c) The amount of the license fee for a vessel owned by a nonresident is twice the fee established under (a) of this section. For the purposes of this subsection, the owner of a vessel is a nonresident if the owner is (1) a natural person who is a nonresident; (2) a partnership in which none of the partners would be eligible to pay the resident vessel license fee under this section; (3) a joint venture in which none of the joint venturers would be eligible to pay the resident vessel license fee under this section; (4) a corporation, company, firm, association, organization, business trust, or society not organized under the laws of this state." Renumber the following bill section accordingly. Senator Zharoff moved for the adoption of Amendment No. 1. Senator Leman objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 230(FIN) Second Reading Amendment No. 1 1994-05-06 Senate Journal Page 4425 HB 230 YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Leman and so, Amendment No. 1 was adopted. CS FOR HOUSE BILL NO. 230(FIN) am S was automatically in third reading. The question to be reconsidered: "Shall CS FOR HOUSE BILL NO. 230(FIN) am S "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) am S Third Reading - On Reconsideration 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 HOUSE BILL NO. 230(FIN) am S passed the Senate on reconsideration. CS FOR HOUSE BILL NO. 230(FIN) am S was referred to the Secretary for engrossment. Senator Duncan lifted the call. 1994-05-06 Senate Journal Page 4426 UNFINISHED BUSINESS HB 409 President Halford added a Finance Committee referral to 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." CS FOR HOUSE BILL NO. 409(FIN) am(efd fld) was taken from the Rules Committee and returned to the Finance Committee. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 1:01 p.m. AFTER RECESS The Senate reconvened at 2:39 p.m. Senator Taylor called the Senate on the calendar. CONSIDERATION OF THE CALENDAR CONTINUED THIRD READING OF SENATE BILLS SB 362 CS FOR SENATE BILL NO. 362(L&C) "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 third time. 1994-05-06 Senate Journal Page 4427 SB 362 The question being: "Shall CS FOR SENATE BILL NO. 362(L&C) "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" pass the Senate?" The roll was taken with the following result: CSSB 362(L&C) Third Reading - Final Passage Court Rule & 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, CS FOR SENATE BILL NO. 362(L&C) 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 Court Rule change. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. CS FOR SENATE BILL NO. 362(L&C) was referred to the Secretary for engrossment. 1994-05-06 Senate Journal Page 4428 THIRD 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 third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSHB 47(FIN) Third Reading - Final Passage Effective Date YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Leman, Miller, Pearce, Phillips, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kelly, Kerttula, Lincoln, Little, Rieger, Salo, Zharoff and so, CS FOR HOUSE BILL NO. 47(FIN) failed. Senator Taylor gave notice of reconsideration. 1994-05-06 Senate Journal Page 4429 HB 119 SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN) "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 third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN) "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" pass the Senate?" The roll was taken with the following result: SCS CSHB 119(FIN) Third Reading - Final Passage Court Rule and 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, SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN) passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule change. Without objection, it was so ordered. 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. 1994-05-06 Senate Journal Page 4430 HB 119 SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN) was referred to the Secretary for engrossment. 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 third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSHB 153(JUD) am Third Reading - Final Passage Effective Date YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Phillips, Salo, Zharoff and so, CS FOR HOUSE BILL NO. 153(JUD) am failed. Senator Taylor gave notice of reconsideration. SB 191 Senator Kerttula moved that SENATE BILL NO. 191 "An Act relating to municipal property tax limitations; and providing for an effective date" be taken from the Judiciary Committee and referred to the next committee of referral. President Halford stated the motion was not in order at this time but could be taken up under Unfinished Business. 1994-05-06 Senate Journal Page 4431 SB 191 Senator Kerttula moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. HB 183 SENATE CS FOR CS FOR HOUSE BILL NO. 183(TRA) "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 third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 183(TRA) "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" pass the Senate?" The roll was taken with the following result: SCS CSHB 183(TRA) Third Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 183(TRA) 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: SCS CSHB 183(TRA) Effective Date Vote YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor 1994-05-06 Senate Journal Page 4432 HB 183 Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the effective date clause failed. Senator Adams gave notice of reconsideration. HB 367 CS FOR HOUSE BILL NO. 367(JUD) am S "An Act relating to limitations on outdoor advertising signs, displays, and devices and penalties for violations related to outdoor advertising" was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 367(JUD) am S "An Act relating to limitations on outdoor advertising signs, displays, and devices and penalties for violations related to outdoor advertising" pass the Senate?" The roll was taken with the following result: CSHB 367(JUD) am S Third Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Frank, Halford, Jacko, Leman, Lincoln, Miller, Pearce, Salo, Sharp, Taylor Nays: Donley, Duncan, Ellis, Kelly, Kerttula, Little, Phillips, Rieger, Zharoff and so, CS FOR HOUSE BILL NO. 367(JUD) am S passed the Senate. Senator Salo gave notice of reconsideration. 1994-05-06 Senate Journal Page 4433 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 4387) was before the Senate. Senator Pearce moved and asked unanimous consent that the reconsideration of the bill be held to the May 7 calendar. Without objection, it was so ordered. HOUSE BILLS IN THIRD READING HB 454 SENATE CS FOR CS FOR HOUSE BILL NO. 454(RLS) "An Act making a supplemental appropriation to the Department of Law to pay costs of certain continuing legal proceedings; and providing for an effective date" which had been held on reconsideration (page 4388) was before the Senate. Senator Taylor moved and asked unanimous consent that the bill be held to the May 7 calendar. Without objection, it was so ordered. THIRD READING OF SENATE RESOLUTIONS SJR 52 CS FOR SENATE JOINT RESOLUTION NO. 52(RLS) Proposing amendments to the Constitution of the State of Alaska relating to the budget reserve fund, was read the third time. The question being: "Shall CS FOR SENATE JOINT RESOLUTION NO. 52(RLS) Proposing amendments to the Constitution of the State of Alaska relating to the budget reserve fund, pass the Senate?" The roll was taken with the following result: CSSJR 52(RLS) Third Reading - Final Passage 1994-05-06 Senate Journal Page 4434 SJR 52 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Leman, Miller, Pearce, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kelly, Kerttula, Lincoln, Little, Phillips, Salo, Zharoff and so, CS FOR SENATE JOINT RESOLUTION NO. 52(RLS) failed. Senator Taylor gave notice of reconsideration. Senator Duncan lifted the call. Senator Salo announced a minority caucus. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 4:12 p.m. AFTER RECESS The Senate reconvened at 5:41 p.m. Senator Taylor moved and asked unanimous consent that the Senate adopt the First Supplemental Calendar. Without objection, it was so ordered. UNFINISHED BUSINESS SR 6 Senator Duncan requested that the reconsideration on SENATE RESOLUTION NO 6 Relating to the monetary terms of the Public Safety Unit arbitration, be taken up. 1994-05-06 Senate Journal Page 4435 SENATE RESOLUTIONS ON RECONSIDERATION SR 6 SENATE RESOLUTION NO. 6 was before the Senate on reconsideration. Senator Taylor called the Senate. The call was satisfied. The question to be reconsidered: "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 - 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 RESOLUTION NO. 6 passed the Senate on reconsideration. SENATE RESOLUTION NO. 6 was referred to the Secretary for engrossment and enrollment. STANDING COMMITTEE REPORTS SB 301 The Rules Committee considered 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." Signing to calendar: Senator Halford, Chair, Senator Rieger. Signing "too light - something missing": Senator Zharoff. Signing "I agree" Senator Little. 1994-05-06 Senate Journal Page 4436 SB 301 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 301(FIN) am is on today's First Supplemental Calendar. FIRST SUPPLEMENTAL CALENDAR SB 301 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" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the 2d Finance Committee Substitute offered on page 4414. Senator Duncan objected and stated that the motion was out of order. Senator Duncan called the Senate. The call was satisfied. President Halford ruled the adoption of the 2nd Finance Committee Substitute was in order. Senator Duncan appealed the ruling of the Chair, then withdrew his appeal of the ruling. President Halford withdrew his ruling. Senator Taylor moved and asked unanimous consent that CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 301(FIN) am be returned to the Rules Committee. Without objection, it was so ordered. 1994-05-06 Senate Journal Page 4437 OTHER MATTERS SB 248 The Conference Committee Report for CONFERENCE CS FOR SENATE BILL NO. 248 "An Act relating to services for and protection of vulnerable adults; and providing for an effective date" (page 4362) was before the Senate at this time. Senator Taylor moved and asked unanimous consent that the Conference Committee Report for CCS SB 248 be held to the May 7 calendar. Without objection, it was so ordered. UNFINISHED BUSINESS HJR 43 Senator Rieger requested that the reconsideration on 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, be taken up at this time. HOUSE RESOLUTIONS IN THIRD READING HJR 43 SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(JUD) was before the Senate in third reading on reconsideration. Senator Rieger moved and asked unanimous consent that the resolution be held on reconsideration to the May 7 calendar. Without objection, it was so ordered. HB 299 Senator Rieger requested that the reconsideration on CS FOR HOUSE BILL NO. 299(FIN) am "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 14 but not yet 21 years of age; to fees for reinstatement of a driver's license; and providing for an effective date" be taken up at this time. 1994-05-06 Senate Journal Page 4438 HOUSE BILLS IN THIRD READING HB 299 CS FOR HOUSE BILL NO. 299(FIN) am was before the Senate in third reading on reconsideration. Senator Rieger moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senators Rieger, Salo offered Amendment No. 1 : Page 1, line 9: after "that": Insert ", in conjunction with operation of a motor vehicle," Page 2, line 22: after "has": Insert ", in conjunction with operation of a motor vehicle," Page 5, line 7: after "person": Insert ", in conjunction with operation of a motor vehicle," Senator Rieger moved for the adoption of Amendment No. 1. Senator Sharp objected. Senator Sharp called the Senate. President Halford stated the call was satisfied. Senator Rieger moved and asked unanimous consent that Amendment No. 1 be withdrawn. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 299(FIN) am was automatically in third reading. Amendment No. 2 was not offered. Senator Lincoln moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Without objection, the bill was returned to second reading. Senator Lincoln offered Amendment No. 3 : Page 1, bill sec. 8: after "cause": Insert "and" 1994-05-06 Senate Journal Page 4439 HB 299 Page 2, line 21: after "cause": Insert "and" Senator Lincoln 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 299(FIN) am Second Reading Amendment No. 3 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Rieger, Salo, Zharoff Nays: Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Sharp, Taylor and so, Amendment No. 3 was adopted. CS FOR HOUSE BILL NO. 299(FIN) am S was automatically in third reading. The question to be reconsidered: "Shall CS FOR HOUSE BILL NO. 299(FIN) am S "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 S Third Reading - On Reconsideration Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 1994-05-06 Senate Journal Page 4440 HB 299 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Sharp, Taylor, Zharoff Nays: Jacko, Rieger, Salo Duncan changed from "Nay" to "Yea". and so, CS FOR HOUSE BILL NO. 299(FIN) am S passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 299(FIN) am S was referred to the Secretary for engrossment. SB 378 Senator Adams requested that the reconsideration on 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" be taken up. SENATE BILLS IN THIRD READING SB 378 CS FOR SENATE BILL NO. 378(FIN) am was before the Senate on reconsideration. Senator Adams moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, it was so ordered. 1994-05-06 Senate Journal Page 4441 SB 378 Senator Adams, Taylor offered Amendment No. 2 : Page 2, in bill sec. 3: Delete "to the court system," Senator Adams moved for the adoption of Amendment No. 2. Senator Frank objected, then withdrew his objection. There being no further objections, Amendment No. 2 was adopted. CS FOR SENATE BILL NO. 378(FIN) am was automatically in third reading. The question to be reconsidered: "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 - On Reconsideration Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Taylor, Zharoff Absent: Sharp and so, CS FOR SENATE BILL NO. 378(FIN) am passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. CS FOR SENATE BILL NO. 378(FIN) am was referred to the Secretary for engrossment. 1994-05-06 Senate Journal Page 4442 CITATIONS Honoring - Representative Curt Menard by Senator(s) Kelly, Phillips, Kerttula, Leman, Pearce, Sharp, Adams, Zharoff, Duncan, Ellis, Lincoln, Little Representative(s) B. Davis Honoring - Rose Ambrose by Senator(s) Lincoln, Adams, Zharoff, Duncan, Kerttula, Donley, Little Representative(s) Nicholia Honoring - Jeremy Charlie by Senator(s) Lincoln, Adams, Zharoff, Duncan, Kerttula, Little Representative(s) Nicholia Honoring - Resa Jerrel by Senator(s) Kelly, Pearce, Sharp, Halford, Zharoff, Duncan, Little, Rieger, Taylor Honoring - Chief Peter John by Representative(s) Nicholia Senator(s) Lincoln, Leman, Pearce, Adams, Zharoff, Duncan, Kerttula, Donley, Little Honoring - John Sanford by Representative(s) Nicholia Senator(s) Lincoln, Adams, Zharoff, Duncan, Kerttula, Little Honoring - Yukon-Koyukuk Academic Decathlon Team by Representative(s) Nicholia Senator(s) Lincoln, Leman, Pearce, Adams, Zharoff, Duncan, Kerttula Honoring - Lower Kuskokwim School District Native Olympians by Representative(s) Hoffman, Foster, Ulmer Senator(s) Adams, Lincoln, Jacko, Leman, Pearce, Zharoff, Duncan, Kerttula, Rieger Honoring - Dr. John Libby and Phyliss Libby, R.N. by Senator(s) Jacko, Pearce, Zharoff, Duncan, Lincoln 1994-05-06 Senate Journal Page 4443 Honoring - National Correctional Officers' Week, May 1-7, 1994 by Senator(s) Little, Salo, Leman, Pearce, Zharoff, Duncan, Lincoln Representative(s) Navarre Honoring - Thomas S. "Bubba" Biss, Eight Gold Stars Award by Senator(s) Kelly, Adams, Pearce, Zharoff, Duncan, Lincoln Honoring - Mike Pollen, Water Environment Federation President- Elect by Senator(s) Leman, Pearce, Zharoff, Duncan Honoring - Silver Bay Logging Company by Senator(s) Leman, Zharoff, Pearce, Halford, Duncan, Lincoln, Taylor Honoring - Althea George, Student of the Year, Alaska Native Youth Leadership Conference by Representative(s) Hoffman, Ulmer Senator(s) Adams, Lincoln, Jacko, Leman, Pearce, Zharoff, Duncan, Ellis, Kerttula, Donley, Little In Memoriam - Louis Frederick Paul by Representative(s) Mackie, MacLean, Williams Senator(s) Adams, Taylor, Pearce, Zharoff, Duncan, Lincoln, Kerttula, Donley In Memoriam - Elaine Johnson by Representative(s) Nicholia Senator(s) Lincoln, Pearce, Zharoff, Duncan, Kerttula, Donley, Little In Memoriam - Raymond Hall by Representative(s) Nicholia Senator(s) Lincoln, Pearce, Zharoff, Duncan, Kerttula, Donley, Little In Memoriam - Darrel Leroy Sonnenberg by Representative(s) Nicholia Senator(s) Lincoln, Pearce, Zharoff, Duncan, Kerttula, Donley, Little, 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. 1994-05-06 Senate Journal Page 4444 HB 214 Senator Taylor requested that the reconsideration on CS FOR HOUSE BILL NO. 214(JUD) be taken up at this time. HOUSE BILLS IN THIRD READING HB 214 CS FOR HOUSE BILL NO. 214(JUD) was before the Senate in third reading on reconsideration. The question to be reconsidered: "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; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 214(JUD) Third Reading - On Reconsideration YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Frank, Halford, Kelly, Leman, Lincoln, Little, Miller, Pearce, Rieger, Sharp, Taylor Nays: Duncan, Ellis, Jacko, Kerttula, Phillips, Salo, Zharoff and so, CS FOR HOUSE BILL NO. 214(JUD) passed the Senate on reconsideration. Senator Taylor moved the effective date clause. The question being: "Shall the effective date clause be adopted?" CSHB 214(JUD) Effective Date Vote YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff 1994-05-06 Senate Journal Page 4445 HB 214 Nays: Jacko, Lincoln 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)? YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Halford, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Ellis, Jacko, Lincoln, Salo Kerttula changed from "Nay" to "Yea". and so, the Court Rule change was adopted. CS FOR HOUSE BILL NO. 214(JUD) was signed by the President and Secretary and returned to the House. HB 180 Senator Taylor requested that the reconsideration on SENATE CS FOR HOUSE BILL NO. 180(RLS) be taken up at this time. HOUSE BILLS IN THIRD READING HB 180 SENATE CS FOR HOUSE BILL NO. 180(RLS) was before the Senate in third reading on reconsideration. The question to be reconsidered: "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: 1994-05-06 Senate Journal Page 4446 HB 180 SCS HB 180(RLS) Third Reading - On Reconsideration YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Taylor, Zharoff Nays: Jacko, Little, Sharp and so, SENATE CS FOR HOUSE BILL NO. 180(RLS) passed the Senate on reconsideration. SENATE CS FOR HOUSE BILL NO. 180(RLS) was referred to the Secretary for engrossment. SR 2 Senator Taylor requested that the reconsideration on CS FOR SENATE RESOLUTION NO. 2(HES) am be taken up. SENATE RESOLUTIONS ON RECONSIDERATION SR 2 CS FOR SENATE RESOLUTION NO. 2(HES) am was before the Senate on reconsideration. The question to be reconsidered: "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(FIN) am Second Reading - On Reconsideration YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 1994-05-06 Senate Journal Page 4447 SR 2 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 on reconsideration. CS FOR SENATE RESOLUTION NO. 2(HES) am was referred to the Secretary for engrossment and enrollment. Senator Taylor moved and asked unanimous consent that the Senate return to Messages from the House. Without objection, it was so ordered. MESSAGES FROM THE HOUSE HB 466 HOUSE BILL NO. 466 am BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act authorizing the issuance of bonds by the Alaska Housing Finance Corporation to pay for the costs of repair and rehabilitation of student housing facilities of the University of Alaska; authorizing the issuance of bonds by the University of Alaska to pay for the costs of repair and rehabilitation of facilities of the University of Alaska; amending powers of the Alaska Housing Finance Corporation; amending the definition of "public building"; relating to the Alaska debt retirement fund; and providing for an effective date." was read the first time and referred to the Finance Committee. STANDING COMMITTEE REPORTS HB 459 The Judiciary Committee considered CS FOR HOUSE BILL NO. 459(JUD) am "An Act relating to settlement and payment of claims for minimum wage and overtime compensation claims and to liquidated damages and attorney fees for minimum wage and overtime compensation claims" and recommended it be replaced with 1994-05-06 Senate Journal Page 4448 HB 459 SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD), entitled: "An Act relating to settlement and payment of claims for minimum wage and overtime compensation claims and to liquidated damages and attorney fees for minimum wage and overtime compensation claims; and amending Alaska Rule of Civil Procedure 82." (technical title change) Signing do pass: Senator Taylor, Chair, Senator Halford. Signing do not pass: Senator Jacko. Signing needs amendment: Senator Donley. Previous House zero fiscal notes apply to the Senate Committee Substitute. CS FOR HOUSE BILL NO. 459(JUD) am was referred to the Rules Committee. UNFINISHED BUSINESS HB 371 Senator Leman, Chair, moved and asked unanimous consent that the State Affairs Committee referral be waived on CS FOR HOUSE BILL NO. 371(FIN) am "An Act making appropriations to capitalize the mental health trust fund from the balance of the mental health trust income account on June 30, 1995, mental health trust income of the Department of Natural Resources in the general fund, and earnings reserve account; making an appropriation to the mental health trust income account from the net income earned by the mental health trust fund; and providing for an effective date." Without objection, it was so ordered. HB 371 Senator Miller, Chair, moved and asked unanimous consent that the Resources Committee referral be waived on CS FOR HOUSE BILL NO. 371(FIN) am. Without objection, it was so ordered. 1994-05-06 Senate Journal Page 4449 HB 371 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on CS FOR HOUSE BILL NO. 371(FIN) am. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 371(FIN) am was referred to the Finance Committee. HB 195 Senator Pearce, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on 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." Without objection, it was so ordered. CS FOR HOUSE BILL NO. 195(FIN) was referred to the Rules Committee. SB 191 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on SENATE BILL NO. 191 "An Act relating to municipal property tax limitations; and providing for an effective date." Without objection, it was so ordered. SENATE BILL NO. 191 was referred to the Finance Committee. ANNOUNCEMENTS Announcements are at the end of the journal. 1994-05-06 Senate Journal Page 4450 ENGROSSMENT SB 362 CS FOR SENATE BILL NO. 362(L&C) "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 engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 378 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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 119 SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN) "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 engrossed, signed by the President and Secretary and returned to the House for consideration. HB 180 SENATE CS FOR HOUSE BILL NO. 180(RLS) "An Act relating to the residential housing inspection requirements of the Alaska Housing Finance Corporation" was engrossed, signed by the President and Secretary and returned to the House for consideration. 1994-05-06 Senate Journal Page 4451 HB 230 CS FOR HOUSE BILL NO. 230(FIN) am S "An Act relating to fees for a commercial fishing vessel license" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 299 CS FOR HOUSE BILL NO. 299(FIN) am S "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" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 302 SENATE CS FOR CS FOR HOUSE BILL NO. 302(JUD) am S "An Act excluding certain sports officials and certain recreational activities sanctioned by an employer from coverage provided under workers' compensation; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. ENROLLMENT SB 151 HOUSE CS FOR SENATE BILL NO. 151(FIN) am H "An Act providing for oil and gas exploration incentive credits for certain activities on certain land in the state; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 5:20 p.m., May 6, 1994. 1994-05-06 Senate Journal Page 4452 SB 308 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" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 6:10 p.m., May 6, 1994. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 2:00 p.m., May 7, 1994. Without objection, the Senate adjourned at 7:59 p.m. Nancy Quinto Secretary of the Senate May 1994 1994-05-06 Senate Journal Page 4453 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 FINANCE SENATE FINANCE 518 MAY 06 FRIDAY 0:00 AM ****** CANCELLED ****** ** TO MEET AT CALL OF CHAIR AFTER SESSION ** BILLS PREVIOUSLY SCHEDULED: HB 409 AFDC DEMO PROJECT AND DECREASE HB 445 DWI LAWS HB 201 MENTAL HEALTH TRUST AMENDMENTS HB 301 BAN SALE OF SOME STUDDED TIRES AND STUDS 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 NEW BILLS: HB 548 ALASKA ORBITAL LAUNCH COMPLEX HB 447 ESTABLISH AFOGNAK ISLAND STATE PARK HB 356 LIVING WILLS AND MEDICAL CARE ORDERS HB 212 SENTENCING:AGGRAVATING FACTORS HB 195 AUTHORIZING YOUTH COURTS SB 223 TAX CREDIT: GIFTS TO PUBLIC BROADCASTING MAY 07 SATURDAY 0:00 AM ** TO MEET AT CALL OF CHAIR ** PREVIOUSLY SCHEDULED: HB 409 AFDC DEMO PROJECT AND DECREASE HB 445 DWI LAWS HB 201 MENTAL HEALTH TRUST AMENDMENTS HB 301 BAN SALE OF SOME STUDDED TIRES AND STUDS 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 1994-05-06 Senate Journal Page 4454 FINANCE CONTINUED SATURDAY NEW BILLS: HB 548 ALASKA ORBITAL LAUNCH COMPLEX HB 447 ESTABLISH AFOGNAK ISLAND STATE PARK HB 356 LIVING WILLS AND MEDICAL CARE ORDERS HB 212 SENTENCING:AGGRAVATING FACTORS SB 223 TAX CREDIT: GIFTS TO PUBLIC BROADCASTING HB 466 AHFC BONDS FOR UNIV. OF ALASKA USES HB 371 APPROP:MENTAL HEALTH TRUST FUND ---------------------------------------- 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 ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAY 06 FRIDAY 10:00 AM HB 231 AGGRAVATING/MITIGATING FACTORS;SEX CRIMES HB 412 COMMUNITY CARE FACILITIES HB 417 POSSESSION OF FIREARMS IN SCHOOL LOCKERS HB 506 STUDENT LOAN PROGRAM SUBSTANTIVE HEARING: HB 392 PERMANENT FUND DIVIDEND PROGRAM MAY 06 FRIDAY 1:15 PM ** TO MEET 15 MINUTES AFTER RECESS ** MAY 06 FRIDAY 8:15 PM ** TO MEET 15 MINUTES AFTER ADJOURNMENT ** JOINT COMMITTEES LEGISLATIVE BUDGET AND AUDIT SENATE FINANCE 518 MAY 07 SATURDAY 8:30 AM RELEASE FINAL AUDIT OF CONSTITUTIONAL BUDGET ..RESERVE FUND 1994-05-06 Senate Journal Page 4455 OTHER COMMITTEES MAJORITY CAUCUS PRESIDENT'S CHAMBER MAY 07 SATURDAY 10:00 AM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 MAY 06 FRIDAY 4:30 AM MINORITY CAUCUS ---------------------------------------- CONFERENCE COMMITTEES 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 MAY 08 SUNDAY 3:00 PM HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET JOINT SESSION HOUSE CHAMBER MAY 09 MONDAY 2:00 PM CONFIRMATION OF GOVERNOR'S APPOINTMENTS