Legislature(1993 - 1994)
1994-05-09 Senate Journal
Full Journal pdf1994-05-09 Senate Journal Page 4547 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday May 9, 1994 One Hundred Twentieth Day Pursuant to adjournment the Senate was called to order by President Halford at 3:27 p.m. The roll showed ten members present. Senators Adams, Donley, Frank, Jacko, Kerttula, Lincoln, Little, Pearce, Rieger, Zharoff were absent. The prayer was offered by the Chaplain, Senator Leman. Senator Duncan led the Senate in the pledge of allegiance. The presence of Senators Little, Zharoff, Pearce, Lincoln was noted. Senator Taylor moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. O Lord, our Lord, how majestic is your name in all the earth! You have set Your glory above the heavens. From the lips of children and infants You have ordained praise because of Your enemies, to silence the foe and the avenger. When I consider Your heavens, the work of Your fingers, the moon and the stars, which You have set in place, what is man that You are mindful of him, the son of man that You care for him? You made him a little lower than the heavenly beings and crowned him with glory and honor. 4547 1994-05-09 Senate Journal Page 4548 You made him ruler over the works of Your hands; You put everything under his feet: all flocks and herds, and beasts of the field, the birds of the air, and fish of the sea, all that swim the paths of the seas. O Lord, our Lord, how majestic is Your name in all the earth! Amen. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundred nineteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senators Donley, Rieger, Adams, Frank, Kerttula, Jacko was noted. MESSAGES FROM THE HOUSE SB 101 Message of May 8 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 101(FIN)(title am) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 101(FIN) "An Act relating to interim assistance under the adult public assistance program; requiring the Department of Health and Social Services to consult with the Department of Education in order to develop an application process and disability determination system to implement the adult public assistance program." Senator Taylor moved that the Senate concur in the House amendment. Senator Duncan objected. 1994-05-09 Senate Journal Page 4549 SB 101 The question being: "Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 101(FIN)(title am)?" The roll was taken with the following result: HCS CSSB 101(FIN) Shall the Senate concur in the House amendment to CSSB 101(FIN)(title am)? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the Senate concurred in the House amendment, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 101(FIN) "An Act relating to interim assistance under the adult public assistance program; requiring the Department of Health and Social Services to consult with the Department of Education in order to develop an application process and disability determination system to implement the adult public assistance program." The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 101(FIN) was referred to the Secretary for enrollment. SB 132 Message of May 8 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 132(RES) am with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 132(RES) "An Act relating to loans for the purchase of individual fishery quota shares; and providing for an effective date." with a House Resources Letter of Intent. 1994-05-09 Senate Journal Page 4550 SB 132 Senator Taylor moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 132(RES) am?" The roll was taken with the following result: HCS CSSB 132(RES) Shall the Senate concur in the House amendment to CSSB 132(RES) am? Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, the Senate concurred in the House amendments, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 132(RES) "An Act relating to loans for the purchase of individual fishery quota shares; and providing for an effective date." Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 132(RES) was referred to the Secretary for enrollment. SB 215 Message of May 8 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 215(FIN) am(efd fld) with the following amendments: 1994-05-09 Senate Journal Page 4551 SB 215 HOUSE CS FOR CS FOR SENATE BILL NO. 215(FIN) am H "An Act relating to oil and hazardous substances; redesignating the oil and hazardous substance release response fund and relating to it; repealing the Citizens' Oversight Council on Oil and Other Hazardous Substances and the authority in law by which marine highway vessels may be designed and constructed to aid in oil and hazardous substance spill cleanup in state marine water using money in the oil and hazardous substance release response fund and repealing the authority of the Department of Environmental Conservation to levy and collect fees for review of certain submissions related to oil; altering requirements applicable to liens for recovery of state expenditures related to oil or hazardous substances; terminating the nickel-per-barrel oil conservation surcharge; levying and collecting two new oil surcharges; and providing for the suspension and reimposition of one of the new surcharges." Senator Taylor moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments to CS FOR SENATE BILL NO. 215(FIN) am(efd fld)?" The roll was taken with the following result: HCS CSSB 215(FIN) am H Shall the Senate concur in the House amendments to CSSB 215(FIN) am(efd fld)? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Zharoff Ellis changed from "Yea" to "Nay". Donley changed from "Nay" to "Yea". and so, the Senate concurred in the House amendments, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 215(FIN) am H "An Act relating to oil and hazardous substances; redesignating the oil 1994-05-09 Senate Journal Page 4552 SB 215 and hazardous substance release response fund and relating to it; repealing the Citizens' Oversight Council on Oil and Other Hazardous Substances and the authority in law by which marine highway vessels may be designed and constructed to aid in oil and hazardous substance spill cleanup in state marine water using money in the oil and hazardous substance release response fund and repealing the authority of the Department of Environmental Conservation to levy and collect fees for review of certain submissions related to oil; altering requirements applicable to liens for recovery of state expenditures related to oil or hazardous substances; terminating the nickel-per-barrel oil conservation surcharge; levying and collecting two new oil surcharges; and providing for the suspension and reimposition of one of the new surcharges." The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 215(FIN) am H was referred to the Secretary for enrollment. SB 247 Message of May 5 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 247(2d FIN) "An Act making subject to prior legislative approval contracts entered into or renewed by the executive branch of state government, the legislative council, the Alaska Court System, and the University of Alaska for the lease of real property if the lease has an annual rent payable that is anticipated to exceed $500,000 or has total payments that exceed $2,500,000 for the term of the lease, including any renewal options that are defined in the lease; prohibiting these entities from entering into or renewing a lease of real property if any or all renewal periods in the lease exceed the original term of the lease; making subject to prior legislative approval lease-purchase agreements that may be entered into by these entities to acquire real property, other than lease-purchase agreements to refinance outstanding balances on existing lease-purchase agreements and lease-purchase agreements secured by University of Alaska student fees and university receipts; authorizing these entities to enter into lease-purchase agreements only 1994-05-09 Senate Journal Page 4553 SB 247 in the capacity of lessee under the proposed lease-purchase agreement; defining procedures that these entities must follow when considering whether or not to enter into lease-purchase agreements, and setting limits on the duration of these agreements; providing definitions for applicable terms; and providing for an effective date" with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 247(FIN) am H "An Act making subject to prior legislative approval contracts entered into or renewed by the executive branch of state government, the legislative council, the Alaska Court System, and, with certain exceptions, the University of Alaska for the lease of real property if the lease has an annual rent payable that is anticipated to exceed $500,000 or has total payments that exceed $2,500,000 for the term of the lease, including any renewal options that are defined in the lease; prohibiting these entities from entering into or renewing a lease of real property if any or all renewal periods in the lease exceed the original term of the lease; making subject to prior legislative approval lease-purchase agreements that may be entered into by these entities to acquire real property, other than lease-purchase agreements to refinance outstanding balances on existing lease-purchase agreements and lease-purchase agreements secured by University of Alaska student fees and university receipts; authorizing these entities to enter into lease-purchase agreements only in the capacity of lessee under the proposed lease-purchase agreement; defining procedures that these entities must follow when considering whether or not to enter into lease-purchase agreements, setting limits on the duration of these agreements; and providing definitions for applicable terms; and providing for an effective date." (title change authorized by HCR 36) Senator Taylor moved that the Senate concur in the House amendments. Senator Pearce called the Senate. The call was satisfied. The question being: "Shall the Senate concur in the House amendments to CS FOR SENATE BILL NO. 247(2d FIN)?" The roll was taken with the following result: 1994-05-09 Senate Journal Page 4554 SB 247 HCS CSSB 247(FIN) am H Shall the Senate concur in the House amendments to CSSB 247(2d FIN)? Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Frank, Halford, Jacko, Kelly, Leman, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Duncan, Kerttula, Lincoln, Zharoff and so, the Senate concurred in the House amendments, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 247(FIN) am H "An Act making subject to prior legislative approval contracts entered into or renewed by the executive branch of state government, the legislative council, the Alaska Court System, and, with certain exceptions, the University of Alaska for the lease of real property if the lease has an annual rent payable that is anticipated to exceed $500,000 or has total payments that exceed $2,500,000 for the term of the lease, including any renewal options that are defined in the lease; prohibiting these entities from entering into or renewing a lease of real property if any or all renewal periods in the lease exceed the original term of the lease; making subject to prior legislative approval lease-purchase agreements that may be entered into by these entities to acquire real property, other than lease-purchase agreements to refinance outstanding balances on existing lease-purchase agreements and lease-purchase agreements secured by University of Alaska student fees and university receipts; authorizing these entities to enter into lease-purchase agreements only in the capacity of lessee under the proposed lease-purchase agreement; defining procedures that these entities must follow when considering whether or not to enter into lease-purchase agreements, setting limits on the duration of these agreements; and providing definitions for applicable terms; and providing for an effective date." Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. 1994-05-09 Senate Journal Page 4555 SB 247 HOUSE CS FOR CS FOR SENATE BILL NO. 247(FIN) am H was referred to the Secretary for enrollment. COMMUNICATIONS The following report was received and is on file in the Office of the Secretary of the Senate: Monetary Terms of Collective Bargaining Agreement with the State of Alaska and the Public Safety Employees Association from Nancy Bear Usera, Commissioner, Department of Administration in accordance with AS 23.40.215 President Halford referred the report to the Finance Committee. STANDING COMMITTEE REPORTS Report dated May 3 was read stating: In accordance with AS 39.05.080, the Senate Resources Committee reviewed the following with regard to confirmation of the Governor's appointments: Board of Game Thomas Johnson There were no stated objections to the confirmation of the named individual by committee members. This does not reflect an intent by any of the members to vote for or against this individual during any further sessions. Signing the report: Senator Miller, Chair, Senators Leman, Frank, Pearce, Adams, Donley, Zharoff. Report dated May 9 was read stating: In accordance with AS 39.05.080, the Senate Judiciary Committee reviewed the following with regard to confirmation of the Governor's appointments: 1994-05-09 Senate Journal Page 4556 Attorney General Bruce Botelho There were no stated objections regarding confirmation of the named individual, however, this does not necessarily indicate an intention of a committee member to vote for or against the individual named at the time of joint session on confirmation. Signing the report: Senator Taylor, Chair, Senators Donley, Little. HB 201 The Finance Committee considered CS FOR HOUSE BILL NO. 201(FIN) am "An Act relating to the mental health land trust and the mental health land trust litigation, Weiss v. State, 4FA-82-2208 Civil, and amending and repealing other laws relating to mental health institutions, programs, and services that are affected by ch. 66, SLA 1991; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN) Signing do pass: Senator Frank, Cochair, Senators Jacko, Kelly, Rieger. Signing no recommendation: Senator Pearce, Cochair, Senator Sharp. Previous House fiscal notes apply to the Senate Committee Substitute. CS FOR HOUSE BILL NO. 201(FIN) am was referred to the Rules Committee. HB 212 The Finance Committee considered CS FOR HOUSE BILL NO. 212(JUD) "An Act relating to a factor in aggravation of the presumptive term of a criminal sentence, and prohibiting the referral of a sentence based on application of that factor to a three-judge sentencing panel as an extraordinary circumstance" and recommended the Judiciary Senate Committee Substitute offered on page 2751 be adopted. Signing do pass: Senator Pearce, Cochair, Senators Jacko, Kelly. Signing no recommendation: Senator Frank, Cochair, Senators Rieger, Kerttula, Sharp. 1994-05-09 Senate Journal Page 4557 HB 212 Fiscal note for the Judiciary Senate Committee Substitute published today from Department of Corrections. Previous zero fiscal notes. CS FOR HOUSE BILL NO. 212(JUD) was referred to the Rules Committee. HB 371 The Finance Committee considered CS FOR HOUSE BILL NO. 371(FIN) am "An Act making appropriations to capitalize the mental health trust fund from the balance of the mental health trust income account on June 30, 1995, mental health trust income of the Department of Natural Resources in the general fund, and earnings reserve account; making an appropriation to the mental health trust income account from the net income earned by the mental health trust fund; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN), entitled: "An Act making appropriations to capitalize the mental health trust fund from the balance of the mental health trust income account on June 30, 1995, mental health trust income of the Department of Natural Resources in the general fund, proceeds from sale of Department of Natural Resources land sale contract portfolio, and constitutional budget reserve fund; making an appropriation from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date." (title change authorized by SCR 23) Signing do pass: Senator Pearce, Cochair, Senators Rieger, Jacko, Kelly, Sharp. Signing no recommendation: Senator Frank, Cochair, Senator Kerttula. CS FOR HOUSE BILL NO. 371(FIN) am was referred to the Rules Committee. 1994-05-09 Senate Journal Page 4558 HB 447 The Finance Committee considered CS FOR HOUSE BILL NO. 447(FIN) "An Act establishing the Afognak Island State Park" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 447(FIN) and further attaches a Senate Finance Committee Letter of Intent. Signing do pass: Senator Pearce, Cochair, Senator Rieger. Signing no recommendation: Senator Frank, Cochair, Senators Jacko, Kelly. Signing do not pass: Senator Sharp. Letter of Intent for CS for HOUSE BILL NO. 447(FIN) It is the intent of the legislature that Afognak Island State Park be managed from the Division of Parks and Outdoor Recreation Office located in Kodiak. It is the intent of the legislature that sources of funding other than state general funds be sought for the management of Afognak Island State Park. It is also the intent of the legislature that at least five public use cabins be built within Afognak Island State Park. A primary source of funds to be sought for these purposes is moneys managed by the Exxon Valdez Trustees Council. Previous House zero fiscal notes apply to the Senate Committee Substitute. CS FOR HOUSE BILL NO. 447(FIN) was referred to the Rules Committee. 1994-05-09 Senate Journal Page 4559 HB 494 Corrected fiscal notes for the Finance Senate Committee Substitute for 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" published today from Department of Revenue (2). HCR 26 The Rules Committee considered HOUSE CONCURRENT RESOLUTION NO. 26 Declaring 1994 to be the year of Vancouver. Signing to calendar: Senator Halford, Chair, Senators Rieger, Little, Zharoff. HOUSE CONCURRENT RESOLUTION NO. 26 is on today's calendar. HCR 31 The Rules Committee considered HOUSE CONCURRENT RESOLUTION NO. 31 Relating to Alcohol-Related Birth Defects Awareness Week. Signing to calendar: Senator Halford, Chair, Senators Little, Zharoff, Rieger. HOUSE CONCURRENT RESOLUTION NO. 31 is on today's calendar. HCR 34 The Rules Committee considered HOUSE CONCURRENT RESOLUTION NO. 34 Declaring June 5 - 11, 1994, as Alaska Garden Week. Signing to calendar: Senator Halford, Chair, Senators Little, Rieger, Zharoff, Jacko. HOUSE CONCURRENT RESOLUTION NO. 34 is on today's calendar. HB 218 The Rules Committee considered CS FOR HOUSE BILL NO. 218(FSH) "An Act relating to the maximum length of salmon seine vessels; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senator Little. Signing no! no! not yet!: Senator Zharoff. 1994-05-09 Senate Journal Page 4560 HB 218 CS FOR HOUSE BILL NO. 218(FSH) is on today's calendar. HB 221 The Rules Committee considered HOUSE BILL NO. 221 "An Act relating to workers' compensation for volunteer ambulance attendants, police officers, and fire fighters; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff. Signing no recommendation: Senator Little. HOUSE BILL NO. 221 is on today's calendar. HB 249 The Rules Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(STA) am "An Act reestablishing the Board of Electrical Examiners and extending the termination date of the Board of Mechanical Examiners; relating to electrical and mechanical administrators; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(RLS), entitled: "An Act relating to electrical and mechanical administrators; and providing for an effective date." (title change authorized by SCR 25) Signing to calendar and do pass: Senator Halford, Chair, Senator Jacko. Signing no recommendation: Senator Zharoff. Signing no recommendation and to calendar: Senator Rieger. Fiscal note for the Rules Senate Committee Substitute published today from Department of Commerce and Economic Development. Zero fiscal note for the Rules Senate Committee Substitute published today from Department of Labor. CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(STA) am is on today's calendar. 1994-05-09 Senate Journal Page 4561 HB 266 The Rules Committee considered CS FOR HOUSE BILL NO. 266(L&C) "An Act relating to guide-outfitter and master guide-outfitter licenses; extending the termination date of the Big Game Commercial Services Board; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senators Zharoff, Little. CS FOR HOUSE BILL NO. 266(L&C) is on today's calendar. HB 372 The Rules Committee considered HOUSE BILL NO. 372 "An Act relating to the four dam pool transfer fund." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. HOUSE BILL NO. 372 is on today's calendar. HB 409 The Rules 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." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. CS FOR HOUSE BILL NO. 409(FIN) am(efd fld) is on today's calendar. HB 410 The Rules Committee considered CS FOR HOUSE BILL NO. 410(STA) "An Act relating to real estate appraisers and the Board of Certified Real Estate Appraisers." Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff, Jacko. Signing no recommendation: Senator Little. CS FOR HOUSE BILL NO. 410(STA) is on today's calendar. 1994-05-09 Senate Journal Page 4562 HB 462 The Rules Committee considered HOUSE BILL NO. 462 "An Act repealing certain provisions of the laws, other than those in the Alaska Land Act, relating to recording requirements, labor and improvement requirements, and size requirements for mining claims and providing for the suspension or waiver of state annual mining labor requirements when the federal government has suspended or waived federal annual mining labor requirements administratively or by statute; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko.o. Signing no recommendation: Senator Zharoff. HOUSE BILL NO. 462 is on today's calendar. SPECIAL COMMITTEE REPORTS HB 370 The following report was received and distributed at 3:00 p.m., May 9, 1994. May 9, 1994 Mr. President: Madam Speaker: The CONFERENCE COMMITTEE, with limited powers of free conference, considered CS FOR HOUSE BILL NO. 370(FIN)(brf fld) "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date" and SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" and recommends CONFERENCE CS FOR HOUSE BILL NO. 370, entitled: "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" 1994-05-09 Senate Journal Page 4563 HB 370 be adopted. Signing the report: Senator Frank, Chair, Senators Pearce, Kerttula, Representative Larson, Chair, Representatives Hanley, Grussendorf. Senator Kerttula further signed: no recommendation. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 25 SENATE CONCURRENT RESOLUTION NO. 25 BY THE SENATE RULES COMMITTEE, Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 249, relating to electrical and mechanical administrators. was read the first time. President Halford referred the resolution to the calendar, before second reading of CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(STA) am "An Act reestablishing the Board of Electrical Examiners and extending the termination date of the Board of Mechanical Examiners; relating to electrical and mechanical administrators; and providing for an effective date." Zero fiscal note published today from Senate Rules Committee. CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 218 CS FOR HOUSE BILL NO. 218(FSH) "An Act relating to the maximum length of salmon seine vessels; and providing for an effective date" was read the second time. 1994-05-09 Senate Journal Page 4564 HB 218 Senator Zharoff offered Amendment No. 1 : Page 2, line 3, following "January 1," Delete "1997" Insert "1998" Senator Zharoff moved for the adoption of Amendment No. 1. Senator Jacko objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 218(FSH) Second Reading Amendment No. 1 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Leman, Lincoln, Little, Salo, Taylor, Zharoff Nays: Frank, Halford, Jacko, Kelly, Miller, Pearce, Phillips, Rieger, Sharp and so, Amendment No. 1 was adopted. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 218 (FSH)(efd am S) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 218 (FSH)(efd am S) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 218(FSH)(efd am S) "An Act relating to the maximum length of salmon seine vessels; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1994-05-09 Senate Journal Page 4565 HB 218 CSHB 218(FSH) (efd am S) Third Reading - Final Passage Effective Date YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Miller, Pearce, Phillips, Rieger, Sharp Nays: Adams, Donley, Duncan, Ellis, Kerttula, Leman, Lincoln, Little, Salo, Taylor, Zharoff Kelly changed from "Nay" to "Yea". and so, CS FOR HOUSE BILL NO. 218 (FSH)(efd am S) failed. Senator Jacko gave notice of reconsideration. HB 221 HOUSE BILL NO. 221 "An Act relating to workers' compensation for volunteer ambulance attendants, police officers, and fire fighters; and providing for an effective date" was read the second time. Senator Kelly moved and asked unanimous consent for the adoption of the Labor and Commerce Senate Committee Substitute offered on page 4415. Without objection, SENATE CS FOR HOUSE BILL NO. 221(L&C) was adopted. Senators Kerttula, Taylor, Donley, Little, Zharoff, Duncan, Lincoln, Phillips, Kelly, Pearce, Sharp, Rieger moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. SENATE CS FOR HOUSE BILL NO. 221(L&C) was read the second time. 1994-05-09 Senate Journal Page 4566 HB 221 Senator Taylor moved and asked unanimous consent that SENATE CS FOR HOUSE BILL NO. 221(L&C) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR HOUSE BILL NO. 221(L&C) was read the third time. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 221(L&C) "An Act relating to workers' compensation for volunteer ambulance attendants, police officers, and fire fighters; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS HB 221(L&C) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, SENATE CS FOR HOUSE BILL NO. 221(L&C) passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. SENATE CS FOR HOUSE BILL NO. 221(L&C) was referred to the Secretary for engrossment. UNFINISHED BUSINESS HB 459 Senator Kelly requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) be taken up at this time. 1994-05-09 Senate Journal Page 4567 HOUSE BILLS IN THIRD READING HB 459 SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) was before the Senate in third reading on reconsideration. Senator Donley moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, it was so ordered. Senators Donley, Taylor offered Amendment No. 1 : Page 2, line 12, after "shows" Insert ", by positive and compelling proof," Senator Donley moved for the adoption of Amendment No. 1. Senator Kelly objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 459(JUD) Second Reading Amendment No. 1 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Kerttula, Leman, Lincoln, Little, Phillips, Salo, Taylor, Zharoff Nays: Adams, Frank, Halford, Jacko, Kelly, Miller, Pearce, Rieger, Sharp Lincoln changed from "Nay" to "Yea". and so, Amendment No. 1 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) am S was automatically in third reading. 1994-05-09 Senate Journal Page 4568 HB 459 Senator Donley moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Senator Adams objected. The question being: "Shall the bill be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: SCS CSHB 459(JUD) Return to Second for Specific Amendment YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Kerttula, Lincoln, Little, Miller, Pearce, Phillips, Salo, Zharoff Nays: Jacko, Kelly, Leman, Rieger, Sharp, Taylor and so, the bill was returned to second reading. Senator Donley offered Amendment No. 2 : Page 1, line 13: Delete "prevailing party [PLAINTIFF]" Insert "plaintiff" Page 2, lines 1 - 2: Delete "paid by either party. The court shall award full reasonable attorney fees to the prevailing party." Insert "paid by the defendant" Page 2, line 4: Delete "PAID BY THE DEFENDANT." Senator Donley moved for the adoption of Amendment No. 2. Objections were heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 1994-05-09 Senate Journal Page 4569 HB 459 SCS CSHB 459(JUD) Second Reading Amendment No. 2 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Phillips, Salo, Zharoff Nays: Adams, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor and so, Amendment No. 2 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) am S was automatically in third reading. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) am S "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) am S Third Reading - On Reconsideration Court Rule YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor Nays: Adams, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Phillips, Salo, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) am S failed. 1994-05-09 Senate Journal Page 4570 HB 459 SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) am S(fld S) was returned to the House for permanent filing. SENATE RESOLUTIONS IN SECOND READING SCR 25 SENATE CONCURRENT RESOLUTION NO. 25 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 249, relating to electrical and mechanical administrators, which had been placed on today's calendar (page 4563) was read the second time. SENATE CONCURRENT RESOLUTION NO. 25 was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 25 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 249, relating to electrical and mechanical administrators, pass the Senate?" The roll was taken with the following result: SCR 25 Second Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, SENATE CONCURRENT RESOLUTION NO. 25 passed the Senate and was referred to the Secretary for engrossment. 1994-05-09 Senate Journal Page 4571 SECOND READING OF HOUSE BILLS HB 249 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(STA) am "An Act reestablishing the Board of Electrical Examiners and extending the termination date of the Board of Mechanical Examiners; relating to electrical and mechanical administrators; and providing for an effective date" was read the second time. Senator Rieger moved and asked unanimous consent for the adoption of Rules Senate Committee Substitute offered on page 4560. Without objection, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(RLS) was adopted. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(RLS) was read the second time. Senator Taylor offered Amendment No.1: Page 14, line 1, after "public" Insert new material to read: "; (6) design, installation, maintenance, or repair of fire extinguishing systems" Senator Taylor moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(RLS) am S be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(RLS) am S was read the third time. 1994-05-09 Senate Journal Page 4572 HB 249 The question being: "Shall SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(RLS) am S "An Act relating to electrical and mechanical administrators; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSSS HB 249(RLS) am S Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Leman and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(RLS) am S passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(RLS) am S was referred to the Secretary for engrossment. HB 266 CS FOR HOUSE BILL NO. 266(L&C) "An Act relating to guide-outfitter and master guide-outfitter licenses; extending the termination date of the Big Game Commercial Services Board; and providing for an effective date" was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 4271. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 266(RES) was adopted. 1994-05-09 Senate Journal Page 4573 HB 266 SENATE CS FOR CS FOR HOUSE BILL NO. 266(RES) was read the second time. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 266(RES) be considered engrossed, advanced to third reading and placed on final passage. Senator Adams objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: SCS CSHB 266(RES) Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the bill was not advanced to third reading. HB 372 HOUSE BILL NO. 372 "An Act relating to the four dam pool transfer fund" was read the second time. Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 372 be advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: HB 372 Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 1994-05-09 Senate Journal Page 4574 HB 372 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the bill was not advanced to third reading. HB 409 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" was read the second time. Senator Frank moved for the adoption of the Finance Senate Committee Substitute offered on page 4518. Senator Ellis objected. The question being: "Shall the Finance Senate Committee Substitute be adopted?" The roll was taken with the following result: CSHB 409(FIN) Second Reading Adopt Finance Senate Committee Substitute? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 409(FIN) was adopted. 1994-05-09 Senate Journal Page 4575 HB 409 SENATE CS FOR CS FOR HOUSE BILL NO. 409(FIN) was read the second time. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 409(FIN) be considered engrossed, advanced to third reading and placed on final passage. Objections were heard. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: SCS CSHB 409(FIN) Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the bill was not advanced to third reading. HB 410 CS FOR HOUSE BILL NO. 410(STA) "An Act relating to real estate appraisers and the Board of Certified Real Estate Appraisers" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 410(STA) be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 410(STA) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 410(STA) "An Act relating to real estate appraisers and the Board of Certified Real Estate Appraisers" pass the Senate?" The roll was taken with the following result: 1994-05-09 Senate Journal Page 4576 HB 410 CSHB 410(STA) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, CS FOR HOUSE BILL NO. 410(STA) passed the Senate. CS FOR HOUSE BILL NO. 410(STA) was signed by the President and Secretary and returned to the House. HB 462 HOUSE BILL NO. 462 "An Act repealing certain provisions of the laws, other than those in the Alaska Land Act, relating to recording requirements, labor and improvement requirements, and size requirements for mining claims and providing for the suspension or waiver of state annual mining labor requirements when the federal government has suspended or waived federal annual mining labor requirements administratively or by statute; and providing for an effective date" was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 4224. Without objection, SENATE CS FOR HOUSE BILL NO. 462(RES) was adopted. SENATE CS FOR HOUSE BILL NO. 462(RES) was read the second time. Senator Taylor moved and asked unanimous consent that SENATE CS FOR HOUSE BILL NO. 462(RES) be considered engrossed, advanced to third reading and placed on final passage. Objections were heard. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: 1994-05-09 Senate Journal Page 4577 HB 462 SCS HB 462(RES) Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the bill was not advanced to third reading. HOUSE BILLS IN SECOND READING HB 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 held to the May 9 calendar (page 4358) was before the Senate in second reading. Senator Lincoln offered Amendment No. 1 : Page 2, line 8: after "current needs," Insert "an explanation of needs not being met due to shortage of resources," Page 2, line 12: Add a new (6): "an explanation of the service delivery systems to rural/bush Alaska including the use of field offices and centralized service delivery; and" Renumber accordingly. Senator Lincoln moved for the adoption of Amendment No. 1. Objections were heard. 1994-05-09 Senate Journal Page 4578 HB 347 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 347(STA) Second Reading Amendment No. 1 YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Zharoff Nays: Kelly, Taylor and so, Amendment No. 1 was adopted. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 347(STA) am S be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 347(STA) am S was read the third time. Senators Kerttula, Pearce, Little, Salo, Donley, Kelly, Phillips, Leman, Ellis, Lincoln moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 347(STA) am S "An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions" pass the Senate?" The roll was taken with the following result: SCS CSHB 347(STA) am S Third Reading - Final Passage 1994-05-09 Senate Journal Page 4579 HB 347 YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Frank, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Zharoff Nays: Duncan, Halford, Jacko, Sharp, Taylor and so, SENATE CS FOR CS FOR HOUSE BILL NO. 347(STA) am S passed the Senate. Senator Miller gave notice of reconsideration. HB 445 Senator Taylor moved and asked unanimous consent that 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, following SENATE CONCURRENT RESOLUTION NO. 22. Without objection, it was so ordered. THIRD READING OF HOUSE BILLS HB 259 SENATE CS FOR HOUSE BILL NO. 259(CRA) "An Act relating to general grant land entitlements for the Lake and Peninsula Borough; and providing for an effective date" was read the third time. 1994-05-09 Senate Journal Page 4580 HB 259 Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Senator Taylor objected. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 259(CRA) be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: SCS HB 259(CRA) Return to Second for specific amendment? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Pearce, Phillips, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Rieger, Sharp, Taylor and so, the bill was returned to second reading. Senator Ellis offered Amendment No. 1 : Page 2, after line 16: Insert a new bill section to read: "* Sec. 3. AS 29.65.050(c) is amended to read: (c) The director shall approve or disapprove each selection for patent within nine months of its selection by a municipality. Before a decision is issued, the Department of Community and Regional Affairs shall review the selection and recommend approval or disapproval of it. If a selection is made in partial fulfillment of the entitlement under AS29.65.010(a)(10), the department shall provide an opportunity to fish and game advisory committees and members of the public to comment on the selection before making its recommendation. The director may disapprove a selection only upon a finding that the public interest in retaining state ownership of the land outweighs the municipality's interest in obtaining the land. A patent shall be issued to the municipality for land selected in satisfaction of a general grant land entitlement vested under AS29.65.010 - 29.65.030 within three months after approval by the director of a plat of survey." 1994-05-09 Senate Journal Page 4581 HB 259 Renumber the following bill section accordingly. Senator Ellis moved for the adoption of Amendment No. 1. Senator Taylor objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS HB 259(CRA) Second Reading Amendment No. 1 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Kerttula, Little, Salo, Zharoff Nays: Adams, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Taylor changed from "Yea" to "Nay". and so, Amendment No. 1 failed. SENATE CS FOR HOUSE BILL NO. 259(CRA) was automatically in third reading. Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Senator Kelly objected. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 259(CRA) be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: SCS HB 259(CRA) Return to Second for Specific Amendment 1994-05-09 Senate Journal Page 4582 HB 259 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Little, Phillips, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Sharp, Taylor and so, the motion failed. Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Objections were heard. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 259(CRA) be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: SCS HB 259(CRA) Return to Second for Specific Amendment #3 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Little, Phillips, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Sharp, Taylor and so, the motion failed. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 259(CRA) "An Act relating to general grant land entitlements for the Lake and Peninsula Borough; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS HB 259(CRA) Third Reading - Final Passage 1994-05-09 Senate Journal Page 4583 HB 259 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Frank, Jacko, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Donley, Duncan, Ellis, Halford, Kelly, Kerttula, Little, Zharoff and so, SENATE CS FOR HOUSE BILL NO. 259(CRA) passed the Senate. Senator Taylor moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SCS HB 259(CRA) Effective Date Vote YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Ellis, Kerttula, Little and so, the effective date clause was adopted. Senator Kerttula 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 4529) was before the Senate. 1994-05-09 Senate Journal Page 4584 SB 363 Senator Pearce moved and asked unanimous consent that CS FOR SENATE BILL NO. 363(FIN) be returned to second reading for the purpose of a specific amendment, that being Amendment No. 11. Without objection, the bill was returned to second reading. Senator Pearce offered Amendment No. 11 : Page 1, which begins "A M E N D M E N T", second line from the bottom of the page: Delete "(operating appropriation)" Page 2, which begins "Research (operating appropriation)", line 1: Delete "(operating appropriation)" Page 2, in the amendment to "Page 8, after line 36": Delete "(operating appropriation)" Page 2, mid-page: Delete the amendments to page 9, line 21. Page 7, which begins "Page 28, line 18:", in the third line: Delete "33,265" Insert "33,300" Page 8, which begins "Delete "25,000" in both places.", lines 3 - 5: Delete the amendments to page 34, line 29. Page 8, mid-page, in the appropriation to "City of Old Harbor Road Construction": Delete "23,684" in both places. Insert "23,700" in both places. Page 8, in the last line of the page: Delete "27,725" Insert "27,700" Page 9, which begins "Page 37, lines 33 - 34:", in the ninth line: Delete "25,661" Insert "25,700" 1994-05-09 Senate Journal Page 4585 SB 363 Page 10, which begins "Page 1, line 6:", in the seventh line: Delete "$1,017,547" Insert "$1,017,500" Page 10, in the eighth line: Delete "to the Department of Administration for payment as grants under AS37.05.315" Insert "for payment as grants under AS37.06.010" Page 10, mid-page, in the appropriation to "City of Hoonah": Delete "39,339" Insert "39,300" Page 10, last line: Delete "278,208" Insert "278,200" Page 11, which begins "City of Kiana", mid-page, in the third and fourth lines to subsection (b): Delete "to the Department of Community and Regional Affairs for payment as grants under AS37.05.317" Insert "for payment as grants under AS37.06.020" Page 12, which begins "Nikolski", in the third line of subsection (c): Delete "6 AAC 45" Insert "AS37.06" Page 12, lines 13 - 14: Delete "(d) The appropriations made under (b) of this section are for capital projects and lapse under AS37.25.020." Page 13, which begins "Insert Intent Language", last half of the page: Delete all material on the last half of the page, beginning "AMEND PAGE 33, LINES 19-25" through "Renovations/ADA Compliance". Insert new material to read: "Page 33, lines 19 - 25: Delete all material. 1994-05-09 Senate Journal Page 4586 SB 363 Insert: Appropriation Other Items Funds City of Mountain Village - 32,600 32,600 Community Facilities Repair and Renovations/Equipment (ED 38)" Page 34, line 4: Delete "22,300" in both places. Insert "25,000" in both places. Page 34, lines 6 - 8: Delete all material. Insert: Appropriation Other Items Funds Unalakleet - City Facilities 30,700 30,700 Repairs and Renovations/ ADA Compliance (ED 38)"" Page 14, which begins "PAGE 11, LINE 27", midway down the page: Delete the amendment to page 40, line 14, in its entirety. Insert the following material: "Page 40, lines 14 - 15: Delete "Tanana - Four Mile Road Tanana River" Insert "Four Mile Road Community -"" Page 14, last three lines on the page: Delete amendment to page 26, line 13: Insert "Page 26, line 13: Delete "2,000,000" in both places. Insert "500,000" in both places." Page 15, which begins "Page 26, after line 27:", after "Adjust funding information accordingly." insert new material to read: 1994-05-09 Senate Journal Page 4587 SB 363 "Page 7, line 8: Delete "153,000" in both places. Insert "253,000" in both places. Page 7, line 12: Delete "200,000" in both places. Insert "100,000" in both places. Page 21, line 29: Delete "24,000,000" Insert "25,000,000" Delete "20,000,000" Insert "21,000,000" Page 21, after line 30: Insert new material to read: "ALLOCATIONS Ketchikan 1,000,000 Shipyard Improvements" Page 26, after line 36: Insert "Notwithstanding the amounts appropriated by this section as municipal capital matching grants under AS37.06.010, expenditures authorized by these appropriations for a municipality may not exceed the amount allocated to that municipality's grant account under AS37.06.010. The amounts appropriated by this section as municipal capital matching grants are intended to equal the grant amounts for which a municipality is determined to be eligible under AS37.06.010. To the extent that a municipality is determined, under AS37.06.010, to be eligible for a grant amount greater than the amount appropriated under this section, the difference is appropriated to that municipality from the capital project matching grant fund." Page 29, after line 14: Insert new material to read: 1994-05-09 Senate Journal Page 4588 SB 363 Appropriation Other Items Funds City of Homer - Water Storage 24,300 24,300 Reserve (ED 7)" Page 33, line 31, after "Renovation": Insert "\Equipment" Page 37, after line 26: Insert "Notwithstanding the amounts appropriated by this section as unincorporated community capital matching grants under AS37.06.020, expenditures authorized by these appropriations for an unincorporated community may not exceed the amount allocated to that community's grant account under AS37.06.020. The amounts appropriated by this section as unincorporated community capital matching grants are intended to equal the grant amounts for which a community is determined to be eligible under AS37.06.020. To the extent that a community is determined, under AS37.06.020, to be eligible for a grant amount greater than the amount appropriated under this section, the difference is appropriated to that unincorporated community from the capital project matching grant fund."" Senator Pearce moved and asked unanimous consent for the adoption of Amendment No. 11. Without objection, Amendment No. 11 was adopted. CS FOR SENATE BILL NO. 363(FIN) am was automatically in third reading. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 363(FIN) am "An Act making appropriations for capital project matching grant funds and for capital projects; making an appropriation for the continuation of federal litigation; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1994-05-09 Senate Journal Page 4589 SB 363 CSSB 363(FIN) am Third Reading - On Reconsideration Effective Date YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Donley, Ellis, Lincoln, Little, Salo, Zharoff and so, CS FOR SENATE BILL NO. 363(FIN) am passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that under Rule 43(b) of the Uniform Rules engrossment be waived. Without objection, CS FOR SENATE BILL NO. 363(FIN) am was transmitted to the House with certified amendments. HOUSE BILLS IN THIRD READING HB 397 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(JUD) which had been held on reconsideration (page 4539) was before the Senate. The question to be reconsidered: "Shall 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" pass the Senate?" The roll was taken with the following result: SCS CSSS HB 397(JUD) Third Reading - On Reconsideration 1994-05-09 Senate Journal Page 4590 HB 397 YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Jacko, Leman, Lincoln, Little, Miller, Pearce, Phillips, Salo, Taylor, Zharoff Nays: Ellis, Halford, Kelly, Kerttula, Rieger, Sharp and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(JUD) passed the Senate on reconsideration. Senator Lincoln moved and asked unanimous consent that she be shown as a cross sponsor on the bill. Without objection, it was so ordered. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(JUD) 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 4534) was before the Senate. Senator Taylor moved and asked unanimous consent that the bill be held on reconsideration to the May 10 calendar. SECOND READING OF HOUSE RESOLUTIONS HCR 26 HOUSE CONCURRENT RESOLUTION NO. 26 Declaring 1994 to be the year of Vancouver, was read the second time. HOUSE CONCURRENT RESOLUTION NO. 26 was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 26 Declaring 1994 to be the year of Vancouver, pass the Senate?" The roll was taken with the following result: 1994-05-09 Senate Journal Page 4591 HCR 26 HCR 26 Second Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Zharoff changed from "Yea" to "Nay". Ellis changed from "Yea" to "Nay". Kerttula changed from "Yea" to "Nay". and so, HOUSE CONCURRENT RESOLUTION NO. 26 passed the Senate, was signed by the President and Secretary and returned to the House. HCR 31 HOUSE CONCURRENT RESOLUTION NO. 31 Relating to Alcohol-Related Birth Defects Awareness Week, was read the second time. 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 9:51 p.m. AFTER RECESS The Senate reconvened at 10:24 p.m. Senator Pearce lifted the call. 1994-05-09 Senate Journal Page 4592 HCR 31 Senator Lincoln offered Amendment No. 1 : Page 2, lines 12 and 14: Delete "8-14" Insert "22-28" Senator Lincoln moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. HOUSE CONCURRENT RESOLUTION NO. 31 am S was before the Senate on final passage. Senators Lincoln, Duncan, Kerttula, Ellis, Zharoff, Little, Pearce, Donley, Kelly, Rieger, Salo moved and asked unanimous consent that they be shown as cross sponsors on the resolution. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that HOUSE CONCURRENT RESOLUTION NO. 31 am S Relating to Alcohol-Related Birth Defects Awareness Week, be adopted. Without objection, HOUSE CONCURRENT RESOLUTION NO. 31 am S passed the Senate and was referred to the Secretary for engrossment. HCR 34 HOUSE CONCURRENT RESOLUTION NO. 34 Declaring June 5 - 11, 1994, as Alaska Garden Week, was read the second time. HOUSE CONCURRENT RESOLUTION NO. 34 was before the Senate on final passage. Senator Taylor moved and asked unanimous consent that HOUSE CONCURRENT RESOLUTION NO. 34 Declaring June 5 - 11, 1994, as Alaska Garden Week, be adopted. Without objection, HOUSE CONCURRENT RESOLUTION NO. 34 passed the Senate, was signed by the President and Secretary and returned to the House. 1994-05-09 Senate Journal Page 4593 STANDING COMMITTEE REPORTS HB 201 The Rules Committee considered CS FOR HOUSE BILL NO. 201(FIN) am "An Act relating to the mental health land trust and the mental health land trust litigation, Weiss v. State, 4FA-82-2208 Civil, and amending and repealing other laws relating to mental health institutions, programs, and services that are affected by ch. 66, SLA 1991; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Little, Rieger, Zharoff, Jacko. CS FOR HOUSE BILL NO. 201(FIN) am is on today's First Supplemental calendar. HB 371 The Rules Committee considered CS FOR HOUSE BILL NO. 371(FIN) am "An Act making appropriations to capitalize the mental health trust fund from the balance of the mental health trust income account on June 30, 1995, mental health trust income of the Department of Natural Resources in the general fund, and earnings reserve account; making an appropriation to the mental health trust income account from the net income earned by the mental health trust fund; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Little, Jacko. Signing no recommendation: Senator Zharoff. CS FOR HOUSE BILL NO. 371(FIN) am is on today's First Supplemental calendar. Senator Taylor moved and asked unanimous consent that the First Supplemental calendar be adopted. Without objection, it was so ordered. 1994-05-09 Senate Journal Page 4594 FIRST SUPPLEMENTAL CALENDAR SECOND READING OF HOUSE BILLS HB 201 CS FOR HOUSE BILL NO. 201(FIN) am "An Act relating to the mental health land trust and the mental health land trust litigation, Weiss v. State, 4FA-82-2208 Civil, and amending and repealing other laws relating to mental health institutions, programs, and services that are affected by ch. 66, SLA 1991; and providing for an effective date" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 4556. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN) was read the second time. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN) "An Act relating to the mental health land trust and the mental health land trust litigation, Weiss v. State, 4FA-82-2208 Civil, and amending and repealing other laws relating to mental health institutions, programs, and services that are affected by ch. 66, SLA 1991; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 201(FIN) Third Reading - Final Passage Effective Dates YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 1994-05-09 Senate Journal Page 4595 HB 201 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. 201(FIN) passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered. Senator Duncan gave notice of reconsideration. SECOND READING OF SENATE RESOLUTIONS SCR 23 SENATE CONCURRENT RESOLUTION NO. 23 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 second time. Zero fiscal note published today from Senate Rules Committee. SENATE CONCURRENT RESOLUTION NO. 23 was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 23 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, pass the Senate?" The roll was taken with the following result: SCR 23 Second Reading - Final Passage YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 1994-05-09 Senate Journal Page 4596 SCR 23 Yeas: Adams, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Donley, Phillips and so, SENATE CONCURRENT RESOLUTION NO. 23 passed the Senate. SECOND READING OF HOUSE BILLS HB 371 CS FOR HOUSE BILL NO. 371(FIN) am "An Act making appropriations to capitalize the mental health trust fund from the balance of the mental health trust income account on June 30, 1995, mental health trust income of the Department of Natural Resources in the general fund, and earnings reserve account; making an appropriation to the mental health trust income account from the net income earned by the mental health trust fund; and providing for an effective date" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 4557. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN) "An Act making appropriations to capitalize the mental health trust fund from the balance of the mental health trust income account on June 30, 1995, mental health trust income of the Department of Natural Resources in the general fund, proceeds from sale of Department of Natural Resources land sale contract portfolio, and constitutional budget reserve fund; making an appropriation from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date" was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN) was read the second time. 1994-05-09 Senate Journal Page 4597 HB 371 Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN) "An Act making appropriations to capitalize the mental health trust fund from the balance of the mental health trust income account on June 30, 1995, mental health trust income of the Department of Natural Resources in the general fund, proceeds from sale of Department of Natural Resources land sale contract portfolio, and constitutional budget reserve fund; making an appropriation from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 371(FIN) Third Reading - Final Passage YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Leman, Little, Miller, Pearce, Rieger, Salo, Sharp, Taylor Nays: Donley, Kerttula, Lincoln, Phillips, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN) passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Senator Phillips objected. Senator Taylor moved the effective date clause. 1994-05-09 Senate Journal Page 4598 HB 371 The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SCS CSHB 371(FIN) Effective Date Vote YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Donley, Phillips and so, the effective date clause was adopted. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the budget reserve account. Without objection, it was so ordered. Senator Halford gave notice of reconsideration. SENATE RESOLUTIONS IN SECOND READING 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, was read the second time. SENATE CONCURRENT RESOLUTION NO. 22 was before the Senate on final passage. The question being: "Shall 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, pass the Senate?" The roll was taken with the following result: 1994-05-09 Senate Journal Page 4599 SCR 22 SCR 22 Second Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Halford, Kelly, Leman, Little, Miller, Pearce, Phillips, Rieger Nays: Adams, Duncan, Jacko, Kerttula, Lincoln, Salo, Sharp, Taylor, Zharoff and so, SENATE CONCURRENT RESOLUTION NO. 22 failed. SENATE CONCURRENT RESOLUTION NO. 22(fld S) was referred to the Secretary for permanent filing. 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" which had been placed at the bottom of today's calendar (page 4579) was read the second time. Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 445 am be considered engrossed, advanced to third reading and placed on final passage. Senator Kelly objected, then withdrew his objection. Senator Taylor moved that HOUSE BILL NO. 445 am be returned to the Rules Committee. Objections were heard. Senator Taylor moved and asked unanimous consent that the Senate return to Messages from the House. Without objection, it was so ordered. 1994-05-09 Senate Journal Page 4600 MESSAGES FROM THE HOUSE Message of May 9 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 441 CS FOR HOUSE BILL NO. 441(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act making, amending, and repealing capital and operating appropriations; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 455 CS FOR HOUSE BILL NO. 455(FIN) am BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act making and amending operating and capital appropriations and ratifying certain state expenditures; and providing for an effective date." was read the first time and referred to the Finance Committee. The Senate returned to: CONSIDERATION OF THE CALENDAR HB 445 Senator Taylor moved and asked unanimous consent that his previous motion to return HOUSE BILL NO. 445 am to the Rules Committee be withdrawn. Without objection, it was so ordered. Senator Taylor moved that HOUSE BILL NO. 445 am be held to the May 10 calendar. Objections were heard. The question being: "Shall HOUSE BILL NO. 445 am be held to the May 10 calendar?" The roll was taken with the following result: 1994-05-09 Senate Journal Page 4601 HB 445 HB 445 am Hold to May 10 calendar YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Sharp, Taylor, Zharoff Nays: Little, Rieger, Salo and so, HOUSE BILL NO. 445 am will be on the May 10 calendar. UNFINISHED BUSINESS HB 459 Senator Kelly moved that the Senate rescind its previous action in failing 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." Senator Kelly moved that SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) and the rescinding motion be held to the May 10 calendar. Senator Kerttula asked unanimous consent. Without objection, it was so ordered. CITATIONS Honoring - John Litten by Senator(s) Taylor, Zharoff, Pearce, Ellis, Kerttula, Adams, Duncan, Kelly Honoring - The Frontiersman by Senator(s) Kerttula, Zharoff, Pearce, Lincoln Representative(s) Carney, Larson, Menard, Leman, Duncan, Kelly 1994-05-09 Senate Journal Page 4602 Honoring - Cindy Rook, Seward Chamber of Commerce Volunteer of the Year by Representative(s) G. Davis Senator(s) Zharoff, Pearce, Salo, Kerttula, Duncan, Kelly Honoring - Anita Goldsmith, Educational Support Person of the Year by Representative(s) Brice Senator(s) Sharp, Zharoff, Pearce, Ellis, Salo, Kerttula, Lincoln, Duncan, Kelly Honoring - Dr. Sara Peterson by Senator(s) Little, Zharoff, Salo, Kerttula, Lincoln, Duncan, Kelly Representative(s) Phillips Honoring - The Pee Wee B Icehawks by Representative(s) Navarre, G. Davis, Phillips Senator(s) Salo, Little, Phillips, Zharoff, Kerttula, Leman, Lincoln, Duncan, Kelly Honoring - David Pope, 1994 State Wrestling Champion by Representative(s) Navarre, G. Davis Senator(s) Salo, Little, Zharoff, Kerttula, Leman, Lincoln, Duncan, Kelly Honoring - Stan Steffensen, Region III Wrestling Coach of the Year by Representative(s) Navarre, G. Davis, Phillips Senator(s) Salo, Little, Zharoff, Kerttula, Leman, Lincoln, Duncan, Kelly Honoring - Luke Spruill, 1994 State 4-A Wrestling Champion by Representative(s) Navarre, G. Davis, Phillips Senator(s) Salo, Little, Zharoff, Kerttula, Leman, Lincoln, Duncan, Kelly In Memoriam - Duncan McLeod by Representative(s) Willis Senator(s) Halford, Phillips, Zharoff, Pearce, Kerttula, Lincoln, Kelly, Duncan 1994-05-09 Senate Journal Page 4603 Honoring - Legislative Lounge Chefs, Patti Lewis and Jerry Adams Representative(s) Moses Senator(s) Phillips, Zharoff, Little, Adams, Ellis, Pearce, Duncan, Rieger, Miller, Lincoln, Sharp, Salo, Kelly Honoring - The Alaska Tourism Marketing Council and The Visitor Industry by Representative(s) Nordlund Senator(s) Zharoff, Little, Donley, Ellis, Pearce, Duncan, Rieger, Lincoln, Sharp, Salo Honoring - Michio Kobayashi by Representative(s) Toohey Senator(s) Zharoff, Donley, Ellis, Pearce, Duncan, Lincoln, Salo, Kelly Honoring - Tony Deer, Seward Elk's Teen of the Year by Representative(s) G. Davis Senator(s) Zharoff, Little, Pearce, Duncan, Lincoln, Kelly Honoring - Denee' Marquiss, Seward Elk's Teen of the Year by Representative(s) G. Davis Senator(s) Zharoff, Little, Pearce, Duncan, Lincoln, Kelly Commending the Government of Singapore by Senator(s) Taylor, Sharp Honoring - Alyson Stogsdill by Senator(s) Little, Salo, Zharoff, Pearce, Duncan, Lincoln, Kelly Representative(s) Navarre, G. Davis, Phillips Honoring - Jim Partridge, Director of Community Services Immaculate Conception Church Distinguished Alaskan by Representative(s) Sitton Senator(s) Zharoff, Pearce, Duncan, Lincoln, Sharp, Kelly Honoring - Michele Bifelt by Representative(s) Nicholia Senator(s) Lincoln, Zharoff, Little, Adams, Pearce, Duncan, Kelly 1994-05-09 Senate Journal Page 4604 Honoring - Velma Wallis by Representative(s) Nicholia, Nordlund Senator(s) Lincoln, Zharoff, Little, Adams, Pearce, Duncan, Rieger, Kelly Honoring - Ken Ritchey by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Phillips, Zharoff, Little, Pearce, Duncan, Sharp, Kelly Honoring - Future Problem Solving Program, 1994 State Competition Champions by Senator(s) Salo, Zharoff, Little, Ellis, Pearce, Duncan, Lincoln, Kelly In Memoriam - Francis Thistle by Representative(s) Willis Senator(s) Halford, Phillips, Zharoff, Donley, Pearce, Duncan, Lincoln, Kelly Senator Taylor moved and asked unanimous consent that the citations be adopted. Objections were heard. Senator Taylor moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that all citations on today's calendar, with the exception of the citation Commending the Government of Singapore, be adopted. Without objection, these citations were adopted and referred to the Secretary for transmittal. Senator Taylor moved and asked unanimous consent that the citation Commending the Government of Singapore be adopted. Objections were heard. The question being: "Shall the citation Commending the Government of Singapore be adopted?" The roll was taken with the following result: 1994-05-09 Senate Journal Page 4605 Adopt Singapore Citation YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Pearce, Phillips, Rieger, Salo, Zharoff and so, the citation failed. UNFINISHED BUSINESS CONTINUED HB 320 Senator Salo moved that the State Affairs Committee referral be waived on CS FOR HOUSE BILL NO. 320(HES) "An Act relating to public school health personal safety education." Objections were heard. The question being: "Shall the State Affairs Committee referral be waived on CS FOR HOUSE BILL NO. 320(HES)?" The roll was taken with the following result: Move HB 320 from State Affairs YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Rieger, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Sharp, Taylor and so, the motion failed. Senator Taylor moved and asked unanimous consent that the Senate return to Messages from the House. Without objection, it was so ordered. 1994-05-09 Senate Journal Page 4606 MESSAGES FROM THE HOUSE HJR 43 Message of May 9 was read, stating the House failed to concur in the Senate amendment to CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) and respectfully requests the Senate to recede from its amendment, namely: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(JUD) Proposing amendments to the Constitution of the State of Alaska relating to the rights of victims of crimes and to criminal administration. In the event the Senate fails to recede, the Speaker has appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the bills: Representative Porter, Chair Representative Parnell Representative Navarre Senator Taylor moved that the Senate recede from its amendment and recommended the body vote no. The question being: "Shall the Senate recede from its amendment to CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN)?" The roll was taken with the following result: HJR 43 Shall the Senate recede from its amendment to CSHJR 43(FIN)? YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Duncan, Kelly, Kerttula, Salo, Sharp Nays: Adams, Donley, Ellis, Frank, Halford, Jacko, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Taylor, Zharoff and so, the Senate failed to recede from its amendment. 1994-05-09 Senate Journal Page 4607 HJR 43 The President appointed the following members to a Conference Committee to meet with the like committee from the House to consider the bills: Senator Miller, Chair Senator Leman Senator Donley The Secretary was requested to notify the House. CITATIONS Senator Kelly moved and asked unanimous consent that the notice and publication requirements be waived and the following citation be made a special order of business. Without objection, it was so ordered. SPECIAL ORDER OF BUSINESS Honoring - Colonel George Vakalis by Representative(s) Mulder Senator(s) Kelly, Halford, Leman, Taylor, Pearce, Phillips Senator Taylor moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. UNFINISHED BUSINESS CONTINUED HB 517 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on CS FOR HOUSE BILL NO. 517(JUD) "An Act relating to innocent misrepresentations by agents in real property transfers." Without objection, it was so ordered. CS FOR HOUSE BILL NO. 517(JUD) was referred to the Rules Committee. 1994-05-09 Senate Journal Page 4608 HB 517 Senator Taylor, Chair, moved and asked unanimous consent that the twenty-four hour notice and publication requirements be waived on the bill for the meeting on May 10. Without objection, it was so ordered. HJR 55 The reconsideration on 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 not taken up this legislative day and the resolution was referred to the Secretary for engrossment. HJR 56 The reconsideration on 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 not taken up this legislative day and the resolution was referred to the Secretary for engrossment. HB 319 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 319(JUD) 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" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. HB 420 The reconsideration on 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 not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. 1994-05-09 Senate Journal Page 4609 HB 506 The reconsideration on 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 not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 513 The reconsideration on 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" was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 518 The reconsideration on 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 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 SCR 25 SENATE CONCURRENT RESOLUTION NO. 25 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 249, relating to electrical and mechanical administrators, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. (engrossment waived) 1994-05-09 Senate Journal Page 4610 HCR 31 HOUSE CONCURRENT RESOLUTION NO. 31 am S Relating to Alcohol-Related Birth Defects Awareness Week, was engrossed, signed by the President and Secretary and returned to the House for consideration. 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 engrossed, signed by the President and Secretary and returned to the House for consideration. 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 engrossed, signed by the President and Secretary and returned to the House for consideration. HB 221 SENATE CS FOR HOUSE BILL NO. 221(L&C) "An Act relating to workers' compensation for volunteer ambulance attendants, police officers, and fire fighters; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 249 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(RLS) am S "An Act relating to electrical and mechanical administrators; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 319 SENATE CS FOR CS FOR HOUSE BILL NO. 319(JUD) 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" was engrossed, signed by the President and Secretary and returned to the House for consideration. 1994-05-09 Senate Journal Page 4611 HB 397 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" was engrossed, signed by the President and Secretary and returned to the House for consideration. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 10, 1994. Without objection, the Senate adjourned at 12:26 a.m. Nancy Quinto Secretary of the Senate May 1994 1994-05-09 Senate Journal Page 4612 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 10 TUESDAY 9:00 AM HB 441 REDUCING APPROP. FOR FY 94 BUDGET HB 455 APPROP: GOVERNOR'S SUPPLEMENTAL ---------------------------------------- JUDICIARY FAHRENKAMP 203 MAY 09 MONDAY 9:00 AM ** NOTE TIME AND LOCATION CHANGES ** BILLS PREVIOUSLY HEARD CONFIRMATION HEARING: BRUCE BOTELHO AS ATTORNEY GENERAL ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAY 09 MONDAY 9:55 PM ** TO MEET IMMEDIATELY UPON RECESS ** HB 201 MENTAL HEALTH TRUST AMENDMENTS HB 371 APPROP:MENTAL HEALTH TRUST FUND MAY 10 TUESDAY 9:00 AM RULES ---------------------------------------- STATE AFFAIRS BUTROVICH ROOM 205 MAY 09 MONDAY 5:30 PM HB 364 PFD PROGRAM/ALLOWABLE ABSENCES 1994-05-09 Senate Journal Page 4613 OTHER COMMITTEES MAJORITY CAUCUS PRESIDENT'S CHAMBER MAY 10 TUESDAY 10:00 AM MAJORITY CAUCUS ---------------------------------------- CONFERENCE COMMITTEE ON HB 370 SENATE FINANCE 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 CONFERENCE COMMITTEE ON HJR 43 CAPITOL ROOM 205 MAY 10 TUESDAY 9:00 AM HJR 43 RIGHTS OF CRIME VICTIMS; CRIMINAL ADMIN