Legislature(1993 - 1994)

1994-05-08 Senate Journal

Full Journal pdf

1994-05-08                     Senate Journal                      Page 4507
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    EIGHTEENTH LEGISLATURE - SECOND SESSION                    
                                                                               
                                                                               
Juneau, Alaska                       Sunday                May 8, 1994         
                                                                               
                           One Hundred Nineteenth Day                          
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Halford at 2:57 p.m.                                                           
                                                                               
The roll showed sixteen members present.  Senators Kelly, Leman,               
Lincoln, Phillips were absent.                                                 
                                                                               
The prayer was offered by the Chaplain, Senator Little.  Senator               
Taylor moved and asked unanimous consent that the prayer be                    
spread.  Without objection, it was so ordered.                                 
                                                                               
         A Psalm of Life                                                      
                                                                               
Tell me not in mournful numbers,                                              
	Life is but an empty dream.                                                   
	For the soul is dead that slumbers,                                           
	And things are not what they seem.                                            
                                                                               
	Life is real! Life is earnest!                                                
	And the grave is not its goal;                                                
	Dust thou art to dust returnest,                                              
	Was not spoken of the soul.                                                   
                                                                               
	Not enjoyment, and not sorrow,                                                
	Is our destined end or way;	                                                  
	But to act, that each tomorrow                                                
	Find us farther than today.                                                   
                                                                               
	Art is long, and Time is fleeting,                                            
	And our hearts, though stout and brave,                                       
	Still, like muffled drums are beating                                         
	Funeral marches to the grave.                                                 
                                                                               
                                      4507                                     

1994-05-08                     Senate Journal                      Page 4508
	In the world's broad field of battles,                                        
	Is the bivouac of Life,                                                       
	Be not like dumb, driven cattle!                                              
	Be a hero in the strife!                                                      
                                                                               
	Trust no Future, howe'er pleasant!                                            
	Let the dead Past bury its dead!                                              
	Act, - act in the living Present!                                             
	Heart within, and God o'erhead!                                               
                                                                               
	Lives of great men all remind us                                              
	We can make our lives sublime,                                                
	And, departing, leave behind us                                               
	Footprints on the sands of time;                                              
                                                                               
	Footprints, that perhaps another,                                             
	Sailing o'er life's solemn main,                                              
	A forlorn and shipwrecked brother,                                            
	Seeing, shall take heart again.                                               
                                                                               
	Let us, then, be up and doing,                                                
	With a heart for any fate;                                                    
	Still achieving, still pursuing,                                              
	Learn to labor and to wait.                                                   
                                                                               
	   Henry Wadsworth Longfellow                                                 
                                                                               
Senator Duncan led the Senate in the pledge of allegiance.                     
                                                                               
The presence of Senators Kelly, Leman, Phillips was noted.                     
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journal              
for the one hundred eighteenth legislative day be approved as                  
certified by the Secretary.  Without objection, it was so ordered.             
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4509
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
HB 406                                                                       
Governor's transmittal letter dated May 7, 1994:                               
                                                                               
Dear Mr. President:                                                            
                                                                               
Under the authority of art. II, sec. 17, of the Alaska Constitution, I         
have allowed the following bill to become law without my signature:            
                                                                               
	SENATE CS FOR CS FOR HOUSE BILL NO.                                           
	406(RLS)                                                                      
"An Act relating to municipal taxes and fees on the                           
air transportation of individuals or goods by                                  
federally certificated air carriers; and providing for                         
an effective date."                                                            
                                                                               
			Chapter 29, SLA 1994                                                        
			Effective Date:  5/8/94                                                     
                                                                               
This bill amends state law to prohibit municipalities from levying or          
collecting a tax or fee on individuals or goods flown by federally             
certificated air carriers unless the tax or fee is authorized by federal       
law.                                                                           
                                                                               
With the reduction of state revenues to local governments, I am                
uncomfortable signing into state law a bill which would effectively            
take away any opportunity of local governments to garner additional            
revenues through these means.  While I understand that the federal             
law can supersede state law in some cases, I would like local                  
governments to have an opportunity to pursue any options that they             
may in the courts or with Congress to lawfully raise revenues by               
these means.                                                                   
                                                                               
I am therefore allowing SCS CS HB 406 (RLS) to become law                      
without my signature.                                                          
                                                                               
						Sincerely,                                                               
						/s/                                                                      
						Walter J. Hickel                                                         
						Governor                                                                 
                                                                               

1994-05-08                     Senate Journal                      Page 4510
SB 220                                                                       
Message of May 8 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. 220(STA)                                               
"An Act amending schedule IA of the schedules of                              
controlled substances applicable to offenses relating                          
to controlled substances to add the drug                                       
methcathinone, commonly identified as `cat.'"                                  
                                                                               
			Chapter 30, SLA 1994                                                        
			Effective Date: 8/6/94                                                      
                                                                               
HB 358                                                                       
Message of May 8 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 CS FOR CS FOR HOUSE BILL NO. 358(L&C)                                  
"An Act allowing a mobile home owner to obtain                                
a certificate of title from the Department of Public                           
Safety."                                                                       
                                                                               
			Chapter 31, SLA 1994                                                        
			Effective Date: 8/6/94                                                      
                                                                               
SB 33                                                                        
Message of May 8 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 CS FOR CS FOR SENATE BILL NO.                                           
	33(FIN) am H                                                                  
"An Act relating to emergency planning and                                    
response; transferring the Hazardous Substance Spill                           
Technology Review Council to the Department of                                 
Environmental Conservation; transferring the Alaska                            
State  Emergency  Response Commission, including                               
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4511
SB 33                                                                        
its duty to designate local emergency planning                                
districts and appoint local emergency planning                                 
committees, to the Department of Military and                                  
Veterans' Affairs; and eliminating a requirement that                          
the state and regional oil discharge prevention and                            
contingency plans be revised annually."                                        
                                                                               
			Chapter 32, SLA 1994                                                        
			Effective Date: 8/6/94                                                      
                                                                               
SB 45                                                                        
Message of May 8 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 CS FOR CS FOR SENATE BILL                                               
	NO. 45(FIN)                                                                   
"An Act relating to persons under 21 years of age;                            
relating to programs for runaway minors; providing                             
for designation of shelters for runaway minors; and                            
relating to the detention and incarceration of                                 
minors."                                                                       
                                                                               
			Chapter 33, SLA 1994                                                        
			Effective Date: 8/6/94                                                      
                                                                               
                                                                               
                           MESSAGES FROM THE HOUSE                           
                                                                               
SB 250                                                                       
Message dated May 7 was read, stating the House has adopted the                
report of the Conference Committee with limited powers of free                 
conference considering HOUSE CS FOR CS FOR SENATE BILL                         
NO. 250(FIN) and CS FOR SENATE BILL NO. 250(FIN) am, thus                      
passing:                                                                       
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4512
SB 250                                                                       
	CONFERENCE CS FOR SENATE BILL NO. 250                                         
"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."                                              
                                                                               
The Senate adopted CONFERENCE CS FOR SENATE BILL NO.                           
250 on May 7 (page 4467).                                                      
                                                                               
CONFERENCE CS FOR SENATE BILL NO. 250 was referred to                          
the Secretary for engrossment and enrollment.                                  
                                                                               
HCR 32                                                                       
Message of May 7 was read, stating the House concurred in the                  
Senate amendment to HOUSE CONCURRENT RESOLUTION NO.                            
32, thus passing:                                                              
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 32 am S                                       
Establishing the Joint Task Force on Military Bases                           
in Alaska.                                                                     
                                                                               
HB 119                                                                       
Message of May 7 was read, stating the House concurred in the                  
Senate amendment to CS FOR HOUSE BILL NO. 119(JUD) am,                         
thus passing:                                                                  
                                                                               
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."                                                               

1994-05-08                     Senate Journal                      Page 4513
HB 180                                                                       
Message of May 8 was read, stating the House concurred in the                  
Senate amendment to HOUSE BILL NO. 180 am, thus passing:                       
                                                                               
SENATE CS FOR HOUSE BILL NO. 180(RLS)                                         
"An Act relating to the residential housing                                   
inspection requirements of the Alaska Housing                                  
Finance Corporation."                                                          
                                                                               
HB 222                                                                       
Message of May 7 was read, stating the House concurred in the                  
Senate amendments to CS FOR HOUSE BILL NO. 222(FIN), thus                      
passing:                                                                       
                                                                               
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."                                    
                                                                               
HB 230                                                                       
Message of May 7 was read, stating the House concurred in the                  
Senate amendment to CS FOR HOUSE BILL NO. 230(FIN), thus                       
passing:                                                                       
                                                                               
	CS FOR HOUSE BILL NO. 230(FIN) am S                                           
"An Act relating to fees for a commercial fishing                             
vessel license."                                                               
                                                                               
HB 299                                                                       
Message of May 7 was read, stating the House concurred in the                  
Senate amendment to CS FOR HOUSE BILL NO. 299(FIN) am,                         
thus passing:                                                                  
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4514
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."                                 
                                                                               
HB 302                                                                       
Message of May 7 was read, stating the House concurred in the                  
Senate amendments to CS FOR HOUSE BILL NO. 302(STA), thus                      
passing:                                                                       
                                                                               
	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."                            
                                                                               
HB 351                                                                       
Message of May 7 was read, stating the House concurred in the                  
Senate amendments to CS FOR HOUSE BILL NO. 351(FIN) am(efd                     
add), thus passing:                                                            
                                                                               
	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."                                 
                                                                               
HB 442                                                                       
Message of May 7 was read, stating the House concurred in the                  
Senate amendments to CS FOR HOUSE BILL NO. 442(FIN), thus                      
passing:                                                                       
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4515
HB 442                                                                       
	SENATE CS FOR CS FOR HOUSE BILL NO.                                           
	442(FIN) am S                                                                 
"An Act relating to criminal justice information;                             
providing procedural requirements for obtaining                                
certain criminal justice information; and providing                            
for an effective date."                                                        
	                                                                              
	House adopted the Senate Letter of Intent.                                    
                                                                               
SB 321                                                                       
Message of May 8 was read, stating the House passed and returned:              
                                                                               
CS FOR SENATE BILL NO. 321(FIN)                                                
"An Act relating to the taking of a legible set of fingerprints when           
a person is arrested, upon initial appearance or arraignment, upon the         
conviction of the person, and when the person is received at a                 
correctional facility, and providing that the set of fingerprints shall        
be provided to the Department of Public Safety; relating to criminal           
and crime records and information; requiring the reporting of                  
information concerning homicides and suspected homicides to the                
Department of Public Safety for analysis; requiring the Department             
of Public Safety to participate in the Federal Bureau of Investigation,        
Violent Criminals Apprehension Program."                                       
                                                                               
CS FOR SENATE BILL NO. 321(FIN) was referred to the Secretary                  
for enrollment.                                                                
                                                                               
SB 303                                                                       
Message of May 8 was read, stating the House passed and returned:              
                                                                               
	SENATE BILL NO. 303                                                           
"An Act relating to voter eligibility, voter                                  
registration, and voter registration agencies; and                             
providing for an effective date."                                              
                                                                               
SENATE BILL NO. 303  was referred to the Secretary for                         
enrollment.                                                                    
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4516
SB 330                                                                       
Message of May 8 was read, stating the House passed and returned:              
                                                                               
	CS FOR SENATE BILL NO. 330(RLS)                                               
"An Act relating to water quality enhancement,                                
water supply, wastewater, and solid waste grants;                              
the Alaska clean water fund; the establishment of                              
the Alaska clean water account, the Alaska drinking                            
water fund, and the Alaska drinking water account;                             
and providing for an effective date."                                          
                                                                               
CS FOR SENATE BILL NO. 330(RLS) was referred to the                            
Secretary for enrollment.                                                      
Message of May 7 was read, stating the House passed and                        
transmitted for consideration:                                                 
                                                                               
                  FIRST READING AND REFERENCE OF HOUSE BILLS                 
                                                                               
HB 364                                                                       
CS FOR HOUSE BILL NO. 364(FIN)(title am) BY THE HOUSE                          
FINANCE COMMITTEE, entitled:                                                   
                                                                               
"An Act relating to contributions to the Iditarod                             
Trail Committee, Inc. and the Alaska Children's                                
Trust Fund (AS 37.14.200) from permanent fund                                  
dividends; and providing for an effective date."                               
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                          STANDING COMMITTEE REPORTS                         
                                                                               
SB 223                                                                       
The Finance Committee considered SPONSOR SUBSTITUTE FOR                        
SENATE BILL NO. 223 "An Act relating to credits against certain                
taxes for contributions to certain public educational radio and                
television networks and stations; and providing for an effective date"         
and recommended it be replaced with                                            
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4517
SB 223                                                                       
	CS FOR SPONSOR SUBSTITUTE FOR SENATE                                          
	BILL NO. 223(FIN)                                                             
                                                                               
Signing no recommendation: Senator Frank, Cochair, Senator Kelly.              
Signing do not pass: Senator Pearce, Cochair.  Signing do pass:                
Senators Kerttula, Rieger, Jacko, Sharp.                                       
                                                                               
Fiscal note for the Committee Substitute published today from                  
Department of Revenue.  Previous zero fiscal notes apply to the                
committee substitute.                                                          
                                                                               
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 223 was                                 
referred to the Rules Committee.                                               
                                                                               
HB 334                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
334(FIN) am "An Act relating to criminal sentencing; relating to the           
availability for good time credit for offenders convicted of certain           
first degree murders; relating to definite 30- to 99-year terms of             
imprisonment for offenders convicted of an unclassified or class A             
felony that is a homicide, assault, kidnapping, sexual offense, or             
robbery and who have at least two prior most serious felony                    
convictions; relating to parole, good time credit, pardon, commutation         
of sentence, modification or reduction of sentence, reprieve, furlough,        
and service of sentence at a correctional restitution center for               
offenders with at least three most serious felony convictions; defining        
`most serious felony' as an unclassified or class A felony offense             
that is a homicide, assault, kidnapping, sexual offense, or robbery or         
an attempt or conspiracy to commit, or criminal solicitation of, an            
unclassified or class A felony that is a homicide, assault, kidnapping,        
sexual offense, or robbery; and amending Alaska Rule of Criminal               
Procedure 35."   Signing do pass: Senators Frank, Pearce, Cochairs,            
Senators Kelly, Kerttula, Sharp, Jacko.                                        
                                                                               
Previous House fiscal notes and House zero fiscal note.                        
                                                                               
CS FOR HOUSE BILL NO. 334(FIN) am was referred to the Rules                    
Committee.                                                                     

1994-05-08                     Senate Journal                      Page 4518
HB 356                                                                       
The Finance 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: Senators Frank, Pearce,              
Cochairs, Senators Kelly, Rieger, Sharp.                                       
                                                                               
Previous House fiscal note and House zero fiscal note.                         
                                                                               
HOUSE BILL NO. 356 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                                                                  
                                                                               
	SENATE CS FOR CS FOR HOUSE BILL NO.                                           
	409(FIN)                                                                      
                                                                               
Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly,             
Sharp, Jacko.  Signing no recommendation: Senator Rieger.                      
                                                                               
Fiscal notes for the Senate Committee Substitute published today               
from Department of Health and Social Services (3), Senate Finance              
Committee (2).  Previous House fiscal notes apply to the Senate                
Committee Substitute.                                                          
                                                                               
CS FOR HOUSE BILL NO. 409(FIN) am(efd fld) was referred to                     
the Rules Committee.                                                           
                                                                               
HB 494                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
494(STA) am "An Act changing the Alaska State Pension Investment               
Board to the Alaska Pension Investment Authority and relating to the           
authority; and providing for an effective date" and recommended it             
be replaced with                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4519
HB 494                                                                       
	SENATE CS FOR CS FOR HOUSE BILL NO.                                           
	494(FIN)                                                                      
                                                                               
Signing no recommendation: Senators Pearce, Frank, Cochairs.                   
Signing do pass: Senators Rieger, Jacko.  Signing do not pass:                 
Senators Kelly, Kerttula, Sharp.                                               
                                                                               
Fiscal note for the Senate Committee Substitute published today from           
Department of Revenue (2).  Previous House zero fiscal note applies            
to the Senate Committee Substitute.                                            
                                                                               
CS FOR HOUSE BILL NO. 494(STA) am was referred to the Rules                    
Committee.                                                                     
                                                                               
SCR 22                                                                       
The Rules Committee considered SENATE CONCURRENT                               
RESOLUTION NO. 22 Suspending Uniform Rules 24(c), 35, 41(b),                   
and 42(e) of the Alaska State Legislature concerning House Bill No.            
445, relating to operating a motor vehicle, aircraft, or watercraft.           
Signing to calendar and do pass:  Senator Halford, Chair, Senator              
Jacko.  Signing no recommendation: Senators Little, Zharoff.                   
                                                                               
Zero fiscal note published today from Senate Rules Committee.                  
                                                                               
SENATE CONCURRENT RESOLUTION NO. 22 is on today's                              
calendar.                                                                      
                                                                               
HB 259                                                                       
The Rules Committee considered HOUSE BILL NO. 259 (title am)                   
"An Act relating to general grant land entitlements for the Lake and           
Peninsula Borough; and providing for an effective date."                       
                                                                               
Signing to calendar:  Senator Halford, Chair, Senators Jacko, Rieger,          
Zharoff.  Signing no recommendation: Senator Little.                           
                                                                               
HOUSE BILL NO. 259 (title am) is on today's calendar.                          
                                                                               

1994-05-08                     Senate Journal                      Page 4520
HB 347                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
347(FIN) "An Act relating to long-term plans of certain state                  
agencies and recommendations regarding elimination of duplication              
in state agency functions."  Signing to calendar:  Senator Halford,            
Chair, Senators Rieger, Jacko, Zharoff.                                        
                                                                               
CS FOR HOUSE BILL NO. 347(FIN) is on today's calendar.                         
                                                                               
HB 420                                                                       
The Rules Committee considered CS FOR SPONSOR SUBSTITUTE                       
FOR HOUSE BILL NO. 420(STA)(efd am) "An Act relating to                        
limited liability companies; and providing for an effective date."             
Signing to calendar:  Senator Halford, Chair, Senators Rieger, Jacko.          
Signing no recommendation: Senator Zharoff.                                    
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                   
420(STA)(efd am) is on today's calendar.                                       
                                                                               
HB 445                                                                       
The Rules Committee considered HOUSE BILL NO. 445 am "An                       
Act relating to administrative or court revocation of a driver's license       
resulting from operation of a motor vehicle, commercial motor                  
vehicle, or aircraft; relating to chemical testing of a person's breath,       
urine, or blood if the person is involved in a motor vehicle accident          
that causes death or serious physical injury; relating to definitions          
applicable to commercial motor vehicle laws; relating to chemical              
testing of a person's breath, urine, or blood without the person's             
consent; and relating to the use in a civil or criminal action of the          
refusal of a person to submit to a chemical test" and recommended              
it be replaced with                                                            
                                                                               
	SENATE CS FOR HOUSE BILL NO. 445(RLS)                                         
"An Act relating to operating or driving a motor                              
vehicle, commercial motor vehicle, aircraft, or                                
watercraft; to motor vehicle forfeiture; and providing                         
for an effective date."                                                        
                                                                               
Signing to calendar and do pass:  Senator Halford, Chair, Senators             
Rieger, Little, Jacko.  Signing no recommendation: Senator Zharoff.            
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4521
HB 445                                                                       
Fiscal notes for the Senate Committee Substitute published today               
from Department of Law, Alaska Court System.  Previous fiscal                  
notes and zero fiscal notes apply to the Senate Committee Substitute.          
                                                                               
HOUSE BILL NO. 445 am is on today's calendar.                                  
                                                                               
HB 506                                                                       
The Rules 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 to calendar:          
Senator Halford, Chair, Senators Rieger, Little.  Signing no                   
recommendation: Senator Zharoff.                                               
                                                                               
CS FOR HOUSE BILL NO. 506(FIN) am is on today's calendar.                      
                                                                               
HB 518                                                                       
The Rules Committee considered HOUSE BILL NO. 518 "An Act                      
extending the termination date of the Board of Governors of the                
Alaska Bar Association; and providing for an effective date." Signing          
to calendar:  Senator Halford, Chair, Senators Rieger, Little, Zharoff.        
                                                                               
HOUSE BILL NO. 518 is on today's calendar.                                     
                                                                               
                         INTRODUCTION AND REFERENCE OF                        
                              SENATE RESOLUTIONS                              
                                                                               
SCR 23                                                                       
SENATE CONCURRENT RESOLUTION NO. 23 BY THE                                     
SENATE FINANCE COMMITTEE,                                                      
                                                                               
Suspending Uniform Rules 24(c), 35, 41(b), and                                
42(e) of the Alaska State Legislature concerning                               
House Bill No. 371, making appropriations to the                               
mental health trust fund.                                                      
                                                                               
was read the first time and referred to the Rules Committee.                   
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4522
SCR 24                                                                       
SENATE CONCURRENT RESOLUTION NO. 24 BY THE                                     
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES                                   
COMMITTEE,                                                                     
                                                                               
Suspending Uniform Rules 24(c), 35, 41(b), and                                
42(e) of the Alaska State Legislature concerning                               
House Bill No. 538, relating to billing and payment                            
for health care services.                                                      
                                                                               
was read the first time and referred to the Rules Committee.                   
The presence of Senator Lincoln was noted.                                     
                                                                               
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
Senator Pearce called the Senate on today's calendar.  President               
Halford stated the call was satisfied.                                         
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 259                                                                       
HOUSE BILL NO. 259 (title am) "An Act relating to general grant                
land entitlements for the Lake and Peninsula Borough; and providing            
for an effective date" was read the second time                                
                                                                               
Senator Phillips moved and asked unanimous consent for the                     
adoption of the Community and Regional Affairs Senate Committee                
Substitute offered on page 4012.  Without objection, SENATE CS                 
FOR HOUSE BILL NO. 259(CRA) was adopted.                                       
                                                                               
SENATE CS FOR HOUSE BILL NO. 259(CRA) was read the                             
second time.                                                                   
                                                                               
Senator Taylor moved and asked unanimous consent that SENATE                   
CS FOR HOUSE BILL NO. 259(CRA) 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.                                                                       

1994-05-08                     Senate Journal                      Page 4523
HB 347                                                                       
CS FOR HOUSE BILL NO. 347(FIN) "An Act relating to long-term                   
plans of certain state agencies and recommendations regarding                  
elimination of duplication in state agency functions" was read the             
second time.                                                                   
                                                                               
Senator Leman moved and asked unanimous consent for the adoption               
of the Senate Committee Substitute offered on page 3665.  Without              
objection, SENATE CS FOR CS FOR HOUSE BILL NO. 347(STA)                        
was adopted.                                                                   
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 347(STA) was read                          
the second time.                                                               
                                                                               
Senator Taylor moved and asked unanimous consent that SENATE                   
CS FOR CS FOR HOUSE BILL NO. 347(STA) be moved to the                          
bottom of today's calendar.  Without objection, it was so ordered.             
                                                                               
HB 420                                                                       
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                   
420(STA)(efd am) "An Act relating to limited liability companies;              
and providing for an effective date" was read the second time.                 
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 420(STA)(efd                             
am) 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.                                              
                                                                               
Senator Taylor moved and asked unanimous consent to renew his                  
motion to advance the bill.  Without objection, it was so ordered.             
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                   
420(STA)(efd am) was read the third time.                                      
                                                                               
Senators Kerttula, Kelly moved and asked unanimous consent that                
they be shown as cross sponsors on the bill.  Without objection, it            
was so ordered.                                                                
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4524
HB 420                                                                       
The question being:  "Shall CS FOR SPONSOR SUBSTITUTE FOR                      
HOUSE BILL NO. 420(STA)(efd am) "An Act relating to limited                    
liability companies; and providing for an effective date" pass the             
Senate?"  The roll was taken with the following result:                        
                                                                               
CSSS HB 420(STA)(EFD AM)                                                       
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Frank, Halford, Jacko, Kelly, Kerttula,                  
Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Taylor, Zharoff              
                                                                               
Nays:  Duncan, Ellis, Little, Salo, Sharp                                      
                                                                               
and so, CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                           
420(STA)(efd 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 Duncan gave notice of reconsideration.                                 
Senator Taylor moved and asked unanimous consent that the Senate               
advance to Second Reading of Senate Resolutions.   Without                     
objection, it was so ordered.                                                  
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SCR 22                                                                       
Senator Taylor moved and asked unanimous consent that SENATE                   
CONCURRENT RESOLUTION NO. 22 Suspending Uniform Rules                          
24(c), 35, 41(b), and 42(e) of the Alaska State Legislature                    
concerning House Bill No. 445, relating to operating a motor                   
vehicle, aircraft, or watercraft, be placed at the bottom of today's           
calendar.  Without objection, it was so ordered.                               
The Senate returned to:                                                        
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4525
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 445                                                                       
Senator Taylor moved and asked unanimous consent that the next                 
item of business on today's calendar, namely: HOUSE BILL NO.                   
445 am "An Act relating to administrative or court revocation of a             
driver's license resulting from operation of a motor vehicle,                  
commercial motor vehicle, or aircraft; relating to chemical testing of         
a person's breath, urine, or blood if the person is involved in a              
motor vehicle accident that causes death or serious physical injury;           
relating to definitions applicable to commercial motor vehicle laws;           
relating to chemical testing of a person's breath, urine, or blood             
without the person's consent; and relating to the use in a civil or            
criminal action of the refusal of a person to submit to a chemical             
test" be placed at the bottom of today's calendar.  Without objection,         
it was so ordered.                                                             
                                                                               
HB 506                                                                       
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" was read the second time.                                                
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 506(FIN) am be advanced to third reading and                    
placed on final passage.  Without objection, it was so ordered.                
                                                                               
CS FOR HOUSE BILL NO. 506(FIN) am was read the third time.                     
                                                                               
The question being:  "Shall 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" pass the Senate?"  The roll was               
taken with the following result:                                               
                                                                               
CSHB 506(FIN) AM                                                               
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4526
HB 506                                                                       
                                                                               
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly,             
Leman, Lincoln, Little, Miller, Pearce, Phillips, Salo, Sharp, Taylor,         
Zharoff                                                                        
                                                                               
Nays:  Kerttula, Rieger                                                        
                                                                               
and so, CS FOR HOUSE BILL NO. 506(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 Rieger gave notice of reconsideration.                                 
                                                                               
HB 518                                                                       
HOUSE BILL NO. 518 "An Act extending the termination date of                   
the Board of Governors of the Alaska Bar Association; and                      
providing for an effective date" was read the second time.                     
                                                                               
Senator Taylor moved and asked unanimous consent that HOUSE                    
BILL NO. 518 be advanced to third reading and placed on final                  
passage.  Without objection, it was so ordered.                                
                                                                               
HOUSE BILL NO. 518 was read the third time.                                    
                                                                               
The question being:  "Shall HOUSE BILL NO. 518 "An Act                         
extending the termination date of the Board of Governors of the                
Alaska Bar Association; and providing for an effective date"  pass             
the Senate?"  The roll was taken with the following result:                    
                                                                               
HB 518                                                                         
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4527
HB 518                                                                       
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly,             
Kerttula, Leman, Lincoln, Little, Miller, Phillips, Rieger, Salo, Sharp,       
Taylor, Zharoff                                                                
                                                                               
Nays:  Pearce                                                                  
                                                                               
Halford changed from "Nay" to "Yea".                                           
Jacko changed from "Nay" to "Yea".                                             
                                                                               
and so, HOUSE BILL NO. 518 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 Pearce gave notice of reconsideration.                                 
                                                                               
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 319                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 319(JUD) am S was                          
read the third time.                                                           
                                                                               
The question being:  "Shall CS FOR HOUSE BILL NO. 319(FIN)                     
am S "An Act relating to the training of law enforcement and                   
corrections officers; to the establishment of surcharges to be assessed        
for violations of certain traffic offenses; allowing defendants who are        
unable to pay the surcharge to perform community work; creating                
the Alaska police standards training fund; and providing for an                
effective date" pass the Senate?"  The roll was taken with the                 
following result:                                                              
                                                                               
SCS CSHB 319(JUD) AM S                                                         
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4528
HB 319                                                                       
                                                                               
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. 319(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.                                 
                                                                               
Senator Ellis gave notice of reconsideration.                                  
                                                                               
HB 459                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) was read                          
the third time.                                                                
                                                                               
The question being:  "Shall SENATE CS FOR CS FOR HOUSE                         
BILL NO. 459(JUD) "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" pass the Senate?"  The roll was taken with the                   
following result:                                                              
                                                                               
SCS CSHB 459(JUD)                                                              
Third Reading - Final Passage                                                  
Court Rule                                                                     
                                                                               
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, SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD)                           
failed.                                                                        

1994-05-08                     Senate Journal                      Page 4529
HB 459                                                                       
Senator Donley gave notice of reconsideration.                                 
                                                                               
HB 513                                                                       
CS FOR HOUSE BILL NO. 513(STA) was read the third time.                        
                                                                               
The question being:  "Shall CS FOR HOUSE BILL NO. 513(STA)                     
"An Act relating to financial assistance for certain owners or                 
operators of underground petroleum storage tank systems; and                   
providing for an effective date" pass the Senate?"  The roll was               
taken with the following result:                                               
                                                                               
CSHB 513(STA)                                                                  
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Frank, Halford, Jacko, Kelly,                    
Kerttula, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp,      
Taylor, Zharoff                                                                
                                                                               
Nays:  Ellis, Leman                                                            
                                                                               
and so, CS FOR HOUSE BILL NO. 513(STA) 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.                                  
                                                                               
                                                                               
                        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 4488) was before the Senate.                          
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4530
SB 363                                                                       
Senator Pearce moved and asked unanimous consent that the bill be              
held on reconsideration to the May 9 calendar. Without objection, it           
was so ordered.                                                                
                                                                               
                                                                               
                         HOUSE BILLS IN THIRD READING                        
                                                                               
HB 47                                                                        
CS FOR HOUSE BILL NO. 47(FIN) which had been held on                           
reconsideration (page 4499) was before the Senate.                             
                                                                               
The question to be reconsidered:  "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 - On Reconsideration                                             
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.                                  
                                                                               
CS FOR HOUSE BILL NO. 47(FIN)(fld S) was returned to the                       
House.                                                                         
                                                                               
HB 183                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 183(TRA) which                             
had been held on reconsideration (page 4499) was before the Senate.            
                                                                               

1994-05-08                     Senate Journal                      Page 4531
HB 183                                                                       
The question to be reconsidered:  "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 - 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. 183(TRA)                           
passed the Senate on reconsideration.                                          
                                                                               
Senator Taylor moved the effective date clause.                                
                                                                               
The question being:  "Shall the effective date clause be adopted?"             
The roll was taken with the following result:                                  
                                                                               
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                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
and so, the effective date clause failed.                                      
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 183(TRA)(efd fld                           
S) was referred to the Secretary for engrossment.                              
                                                                               

1994-05-08                     Senate Journal                      Page 4532
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" which had             
been held on reconsideration (page 4499) was before the Senate.                
                                                                               
Senator Frank moved that the bill be returned to second reading for            
the purpose of rescinding previous action in adopting Amendment                
No. 2.  Objections were heard.                                                 
                                                                               
The question being: "Shall CS FOR HOUSE BILL NO. 367(JUD)                      
am S be returned to second reading for the purpose of rescinding               
previous action in adopting Amendment No. 2?"  The roll was taken              
with the following result:                                                     
                                                                               
CSHB 367(JUD) AM S                                                             
Return to Second to Rescind Previous Action                                    
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Frank, Halford, Jacko, Leman, Lincoln, Miller,                   
Pearce, Phillips, Sharp, Taylor                                                
                                                                               
Nays:  Donley, Duncan, Ellis, Kelly, Kerttula, Little, Rieger, Salo,           
Zharoff                                                                        
                                                                               
and so, the bill was returned to second reading.                               
                                                                               
Senator Frank moved that the Senate rescind its previous action in             
adopting Amendment No. 2.                                                      
                                                                               
The question being: "Shall the Senate rescind its previous action?"            
The roll was taken with the following result:                                  
                                                                               
CSHB 367(JUD) AM S                                                             
Rescind Previous Action                                                        
Amendment No. 2                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4533
HB 367                                                                       
Yeas:  Adams, Frank, Halford, Jacko, Leman, Lincoln, Miller,                   
Pearce, Phillips, Sharp, Taylor                                                
                                                                               
Nays:  Donley, Duncan, Ellis, Kelly, Kerttula, Little, Rieger, Salo,           
Zharoff                                                                        
                                                                               
and so, the Senate rescinded its previous action.                              
                                                                               
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:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Kelly, Kerttula, Little, Rieger, Salo,           
Zharoff                                                                        
                                                                               
Nays:  Adams, Frank, Halford, Jacko, Leman, Lincoln, Miller,                   
Pearce, Phillips, Sharp, Taylor                                                
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
CS FOR HOUSE BILL NO. 367(JUD) am S was automatically in                       
third reading.                                                                 
                                                                               
Senator Rieger moved that the bill be returned to second reading for           
the purpose of rescinding previous action in failing to adopt                  
Amendment No. 6.  Senator Frank objected.                                      
                                                                               
The question being: "Shall CS FOR HOUSE BILL NO. 367(JUD)                      
am S be returned to second reading for the purpose of rescinding               
previous action in failing to adopt Amendment No. 6?"  The roll                
was taken with the following result:                                           
                                                                               
CSHB 367(JUD) AM S                                                             
Return to Second to Rescind Previous Action                                    
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               

1994-05-08                     Senate Journal                      Page 4534
HB 367                                                                       
Yeas:  Donley, Ellis, Kelly, Kerttula, Little, Phillips, Rieger, Salo          
                                                                               
Nays:  Adams, Duncan, Frank, Halford, Jacko, Leman, Lincoln,                   
Miller, Pearce, Sharp, Taylor, Zharoff                                         
                                                                               
and so, the bill was not returned to second reading.                           
                                                                               
The question to be reconsidered:  "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 - On Reconsideration                                             
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Frank, Halford, Jacko, Leman, Lincoln,                   
Miller, Pearce, Phillips, Sharp, Taylor, Zharoff                               
                                                                               
Nays:  Donley, Ellis, Kelly, Kerttula, Little, Rieger, Salo                    
                                                                               
and so, CS FOR HOUSE BILL NO. 367(JUD) am S passed the                         
Senate on reconsideration.                                                     
                                                                               
CS FOR HOUSE BILL NO. 367(JUD) am S was referred to the                        
Secretary for engrossment.                                                     
                                                                               
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                
4488) was before the Senate.                                                   
                                                                               
Senator Pearce moved and asked unanimous consent that the                      
reconsideration on the bill be held to the May 9 calendar.  Without            
objection, it was so ordered.                                                  
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4535
                     HOUSE RESOLUTIONS IN SECOND READING                     
                                                                               
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, which              
had been held in second reading (page 4492) was before the Senate              
on final passage.                                                              
                                                                               
The question being:  "Shall 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, pass the Senate?"  The roll was taken with the following           
result:                                                                        
                                                                               
HCR 36 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, HOUSE CONCURRENT RESOLUTION NO. 36 am passed                           
the Senate, was signed by the President and Secretary and returned             
to the House.                                                                  
                                                                               
                                                                               
                      THIRD READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 55                                                                       
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                
55(RES) Relating to the importance to the economy of Southeast                 
Alaska of continued timber harvests on the Tongass National Forest,            
was read the third time.                                                       
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4536
HJR 55                                                                       
The question being:  "Shall SENATE CS FOR CS FOR HOUSE                         
JOINT RESOLUTION NO. 55(RES) Relating to the importance to                     
the economy of Southeast Alaska of continued timber harvests on the            
Tongass National Forest, pass the Senate?"  The roll was taken with            
the following result:                                                          
                                                                               
SCS CSHJR 55(RES)                                                              
Third Reading - Final Passage                                                  
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor, Zharoff                                                 
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo           
                                                                               
Salo changed from "Yea" to "Nay".                                              
                                                                               
and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION                            
NO. 55(RES) passed the Senate.                                                 
                                                                               
Senator Ellis gave notice of reconsideration.                                  
                                                                               
                                                                               
HJR 56                                                                       
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                
56(RES) Relating to an exemption for federal land in Alaska from               
the federal PACFISH management strategy, was read the third time.              
                                                                               
The question being:  "Shall SENATE CS FOR CS FOR HOUSE                         
JOINT RESOLUTION NO. 56(RES) Relating to an exemption for                      
federal land in Alaska from the federal PACFISH management                     
strategy, pass the Senate?"  The roll was taken with the following             
result:                                                                        
                                                                               
SCS CSHJR 56(RES)                                                              
Third Reading - Final Passage                                                  
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4537
HJR 56                                                                       
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Salo, Sharp, Taylor, Zharoff                                           
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little                 
                                                                               
and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION                            
NO. 56(RES) passed the Senate.                                                 
                                                                               
Senator Ellis gave notice of reconsideration.                                  
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 5:15 p.m.                                                          
                                                                               
                                AFTER RECESS                                 
                                                                               
The Senate reconvened at 8:36 p.m.                                             
                                                                               
                   CONSIDERATION OF THE CALENDAR CONTINUED                   
                                                                               
Senator Pearce called the Senate on the remainder of today's                   
calendar.                                                                      
                                                                               
                     SENATE RESOLUTIONS IN THIRD READING                     
                                                                               
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, which had been held on reconsideration (page              
4499) was before the Senate.                                                   
                                                                               
The call was satisfied.                                                        
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
SENATE JOINT RESOLUTION NO. 52(RLS) be returned to the                         
Rules Committee.  Without objection, it was so ordered.                        
                                                                               

1994-05-08                     Senate Journal                      Page 4538
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 347                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 347(STA) "An Act                           
relating to long-term plans of certain state agencies and                      
recommendations regarding elimination of duplication in state agency           
functions" which had been placed at the bottom of today's calendar             
(page 4523) was before the Senate at this time.                                
                                                                               
Senator Taylor moved and asked unanimous consent that the bill be              
placed at the bottom of today's calendar.  Without objection, it was           
so ordered.                                                                    
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SCR 22                                                                       
SENATE CONCURRENT RESOLUTION NO. 22 Suspending                                 
Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State                  
Legislature concerning House Bill No. 445, relating to operating a             
motor vehicle, aircraft, or watercraft, which had been placed at the           
bottom of today's calendar (page 4524) was read the second time.               
                                                                               
Senator Taylor moved and asked unanimous consent that the                      
remainder of today's calendar be held to the May 9 calendar.                   
Senator Donley objected, then withdrew his objection.  There being             
no further objections, it was so ordered.                                      
                                                                               
SCR 22                                                                       
SENATE CONCURRENT RESOLUTION NO. 22 Suspending                                 
Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State                  
Legislature concerning House Bill No. 445, relating to operating a             
motor vehicle, aircraft, or watercraft. (held to the May 9 calendar)           
                                                                               
HB 347                                                                       
SENATE CS FOR HOUSE BILL NO. 347(STA) "An Act relating                         
to long-term plans of certain state agencies and recommendations               
regarding elimination of duplication in state agency functions."               
(held to the May 9 calendar)                                                   
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4539
HB 445                                                                       
HOUSE BILL NO. 445 am "An Act relating to administrative or                    
court revocation of a driver's license resulting from operation of a           
motor vehicle, commercial motor vehicle, or aircraft; relating to              
chemical testing of a person's breath, urine, or blood if the person           
is involved in a motor vehicle accident that causes death or serious           
physical injury; relating to definitions applicable to commercial motor        
vehicle laws; relating to chemical testing of a person's breath, urine,        
or blood without the person's consent; and relating to the use in a            
civil or criminal action of the refusal of a person to submit to a             
chemical test." (held to the May 9 calendar)                                   
                                                                               
HB 397                                                                       
Senator Sharp requested that the reconsideration on SENATE CS                  
FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                               
397(JUD) "An Act relating to the power to levy property taxes in               
second class cities" be taken up at this time.                                 
                                                                               
Senator Sharp moved and asked unanimous consent that the                       
reconsideration on the bill be held to the May 9 calendar.  Without            
objection, it was so ordered.                                                  
                                                                               
The Citations appearing on today's calendar will be taken up on the            
May 9 calendar.                                                                
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 2                                                                         
The reconsideration on CS FOR HOUSE BILL NO. 2(RLS) am S                       
"An Act requiring drug and alcohol tests for school bus drivers" was           
not taken up this legislative day and the bill was referred to the             
Secretary for engrossment.                                                     
                                                                               
HB 330                                                                       
The reconsideration on CS FOR HOUSE BILL NO. 330(TRA) "An                      
Act relating to the use of natural gas as a motor vehicle fuel in              
state-owned vehicles and to the Department of Transportation and               
Public Facilities' authority to participate in joint ventures related to       
natural gas" was not taken up this legislative day and the bill was            
signed by the President and Secretary and returned to the House.               
                                                                               

1994-05-08                     Senate Journal                      Page 4540
HB 443                                                                       
The reconsideration on 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 not taken up this legislative day           
and the bill was signed by the President and Secretary and returned            
to the House.                                                                  
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 2                                                                         
CS FOR HOUSE BILL NO. 2(RLS) am S "An Act requiring drug                       
and alcohol tests for school bus drivers" was engrossed, signed by             
the President and Secretary and returned to the House for                      
consideration.                                                                 
                                                                               
HB 183                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 183(TRA)(efd fld                           
S) "An Act directing the identification and delineation of a                   
transportation and utility corridor between Fairbanks and the Seward           
Peninsula" was engrossed, signed by the President and Secretary and            
returned to the House for consideration.                                       
                                                                               
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 engrossed,        
signed by the President and Secretary and returned to the House for            
consideration.                                                                 
                                                                               
                                 ENROLLMENT                                  
                                                                               
SCR 14                                                                       
SPONSOR SUBSTITUTE FOR SENATE CONCURRENT                                       
RESOLUTION NO. 14 Relating to the naming of the Harold Z.                      
Hansen Hatchery at Main Bay in Prince William Sound, 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 1:10 p.m., May 8, 1994.                                     

1994-05-08                     Senate Journal                      Page 4541
SJR 39                                                                       
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, 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 1:10 p.m., May 8, 1994.                                     
                                                                               
SB 24                                                                        
SENATE BILL NO. 24 "An Act extending the maximum period of                     
probation after conviction" 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 1:10 p.m., May             
8, 1994.                                                                       
                                                                               
SB 164                                                                       
CS FOR SENATE BILL NO. 164(RLS) "An Act providing that                         
home rule cities in the unorganized borough are school districts;              
permitting the Local Boundary Commission to amend petitions for                
incorporation or proposing municipal boundary changes; applying                
existing standards of incorporation for boroughs to unified                    
municipalities; applying existing standards of incorporation for first         
class cities to incorporation of a home rule city; and relating to             
reclassification of first class or home rule cities to second class            
cities, to municipal reclassification and to public hearings on                
reclassification, to formation of home rule cities and unified                 
municipalities through incorporation, merger, or consolidation, to             
organization grants and transitional assistance for unified                    
municipalities, to adoption of a home rule charter by a second class           
city, to dissolution of municipalities, to filing copies of an amended         
home rule charter, and to regulations of the local boundary                    
commission dealing with standards and procedures for municipal                 
incorporation, annexation, detachment, merger, consolidation,                  
reclassification, and dissolution" 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 5:32          
p.m., May 8, 1994.                                                             
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4542
SB 212                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 212(L&C) am H                              
"An Act relating to the giving of procurement notices; changing the            
content of the required procurement reports to the legislature by the          
commissioner of administration; relating to publications produced by           
state agencies; establishing an innovative construction procurement            
methods pilot program; and establishing legislative findings, a                
legislative purpose, and legislative intent for state procurement; 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 5:32              
p.m., May 8, 1994.                                                             
                                                                               
SB 251                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 251(FIN) "An Act                           
relating to the commercial fishing revolving loan fund and the                 
fisheries enhancement revolving loan fund; and providing for an                
effective date" 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 3:50 p.m., May 8, 1994.           
                                                                               
SB 252                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 252(JUD) "An Act                           
prohibiting the possession of child pornography" 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 1:10 p.m., May 8, 1994.                                            
                                                                               
SB 275                                                                       
CS FOR SENATE BILL NO. 275(JUD) "An Act relating to the                        
disposal of real property by the Department of Transportation and              
Public Facilities" 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 5:32 p.m, May              
8, 1994.                                                                       
                                                                               
SB 368                                                                       
SENATE BILL NO. 368 "An Act relating to the human services                     
community matching grant program; 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 5:32 p.m., May 8, 1994.                       

1994-05-08                     Senate Journal                      Page 4543
                          ENGROSSMENT AND ENROLLMENT                         
                                                                             
SB 255                                                                       
CONFERENCE CS FOR SENATE BILL NO. 255 "An Act                                  
establishing a comprehensive policy relating to human resource                 
development in the state" was engrossed and enrolled, signed by the            
President and Secretary and the engrossed and enrolled copies                  
transmitted to the Office of the Governor at 6:37 p.m., May 8, 1994.           
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in adjournment until 11:00 a.m., May 9, 1994.  Without                   
objection, the Senate adjourned at 8:54 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                              May 1994         

1994-05-08                     Senate Journal                      Page 4544
                                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 08                               SUNDAY                    1:00 PM         
 	** NOTE TIME CHANGE **                                                       
PREVIOUSLY SCHEDULED:                                                          
HB 201	MENTAL HEALTH TRUST AMENDMENTS                                          
HB 494	ALASKA PENSION INVESTMENT AUTHORITY                                     
NEW BILLS:                                                                     
HB 447	ESTABLISH AFOGNAK ISLAND STATE PARK                                     
HB 212	SENTENCING:AGGRAVATING FACTORS                                          
SB 223	TAX CREDIT: GIFTS TO PUBLIC BROADCASTING                                
HB 371	APPROP:MENTAL HEALTH TRUST FUND                                         
SB 191	MUNICIPAL PROPERTY TAX LIMITATIONS                                      
HB 334	SENTENCING;3RD SERIOUS FELONY OFFENDER                                  
                                                                               
MAY 08                               SUNDAY                    8:55 PM         
HB 201	MENTAL HEALTH TRUST AMENDMENTS                                          
HB 447	ESTABLISH AFOGNAK ISLAND STATE PARK                                     
HB 371	APPROP:MENTAL HEALTH TRUST FUND                                         
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 FAHRENKAMP 203                                
MAY 09                               MONDAY                    9:00 AM         
 	** NOTE TIME AND LOCATION CHANGES **                                         
 	BILLS PREVIOUSLY HEARD                                                       
CONFIRMATION HEARING:                                                          
 	BRUCE BOTELHO AS ATTORNEY GENERAL                                            
                    ----------------------------------------                   
                                                                               
                                                                               

1994-05-08                     Senate Journal                      Page 4545
                                    RULES                                    
                              FAHRENKAMP ROOM 203                              
MAY 08                               SUNDAY                    1:00 PM         
 	RULES                                                                        
                                                                               
MAY 08                               SUNDAY                    9:10 PM         
 	** TO MEET 15 MINUTES AFTER ADJOURNMENT **                                   
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                               BUTROVICH ROOM 205                              
MAY 09                               MONDAY                    5:30 PM         
HB 364	PFD PROGRAM/ALLOWABLE ABSENCES                                          
                                                                               
                               OTHER COMMITTEES                              
                                                                               
                               MINORITY CAUCUS                               
                                 BELTZ ROOM 211                                
MAY 08                               SUNDAY                    5:20 PM         
 	MINORITY CAUCUS                                                              
                                                                               
MAY 08                               SUNDAY                    8:55 PM         
 	MINORITY CAUCUS                                                              
                    ----------------------------------------                   
                                                                               
                        CONFERENCE COMMITTEE ON HB 370                       
                               SENATE FINANCE 518                              
MAY 08                               SUNDAY                    5:20 PM         
 	** NOTE TIME CHANGE **                                                       
HB 370	APPROP: FY 95 OPERATING AND LOAN BUDGET                                 
                                                                               
MAY 09                               MONDAY                    9:00 AM         
HB 370	APPROP: FY 95 OPERATING AND LOAN BUDGET                                 
                                                                               
                                JOINT SESSION                                
                                 HOUSE CHAMBER                                 
MAY 09                               MONDAY                    2:00 PM         
 	CONFIRMATION OF GOVERNOR'S APPOINTMENTS