Legislature(1993 - 1994)

1994-05-11 Senate Journal

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1994-05-11                     Senate Journal                      Page 4721
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                 EIGHTEENTH LEGISLATURE - FIRST SPECIAL SESSION                
                                                                               
                                                                               
Juneau, Alaska                     Wednesday              May 11, 1994         
                                                                               
                                   Second Day                                  
                                                                               
Pursuant to adjournment and in accordance with the Governor's                  
Proclamation (page 4714), President Halford called the First Special           
Session of the Eighteenth Alaska State Senate to order at 11:06 a.m.           
                                                                               
The roll showed thirteen members present. Senators Frank, Jacko,               
Kelly, Leman, Lincoln Rieger, Salo were absent.                                
                                                                               
The prayer was offered by the Chaplain, Senator Taylor.  Senator               
Taylor moved and asked unanimous consent that the prayers for May              
10 and May 11 be spread.  Without objection, it was so ordered.                
                                                                               
Prayer by Senator Taylor, May 10, 1994:                                        
                                                                               
Father, when we feel alone and burdened, let us feel                          
Your gentle touch.  Be with us this day as we                                  
make decisions that involve those who trust us.                                
Teach us that marvelous lesson that it is very                                 
possible we may be mistaken occasionally.  When                                
we are wrong, make us willing to admit it and                                  
when we are right, make us easy to live with.                                  
						    Amen.                                                                
                                                                               
Prayer by Senator Taylor, May 11, 1994:                                        
                                                                               
God grant me the serenity to accept those things we                           
cannot change, the courage to change those things                              
that we can and the wisdom to know the difference.                             
						    Amen.                                                                
                                                                               
                                                                               
Senator Duncan led the Senate in the pledge of allegiance.                     
                                                                               
                                      4721                                     

1994-05-11                     Senate Journal                      Page 4722
The presence of Senators Rieger, Leman was noted.                              
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Taylor moved and asked unanimous consent that the journal              
for the one hundred twentieth legislative day of the Second Session            
of the Eighteenth State Legislature be approved as certified by the            
Secretary.  Without objection, it was so ordered.                              
                                                                               
                                                                               
                                   RECESS                                    
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in recess to a call of the Chair.  Without objection, the Senate         
recessed at 11:10 a.m.                                                         
                                                                               
                                AFTER RECESS                                 
                                                                               
The Senate reconvened at 5:00 p.m.                                             
                                                                               
                                    RECESS                                   
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in recess for the purpose of a joint caucus.  Without objection,         
the Senate recessed at 5:01 p.m.                                               
                                                                               
                                                                               
                                 AFTER RECESS                                
                                                                               
The Senate reconvened at 5:35 p.m.                                             
                                                                               
                                                                               
                           MESSAGES FROM THE HOUSE                           
                                                                               
SB 363                                                                       
Message of May 10 was read, stating the House passed and returned              
for consideration CS FOR SENATE BILL NO. 363(FIN) am with                      
the following amendment:                                                       
                                                                               
                                                                               

1994-05-11                     Senate Journal                      Page 4723
SB 363                                                                       
	HOUSE CS FOR CS FOR SENATE BILL NO.                                           
	363(FIN)                                                                      
"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."                                                                         
                                                                               
President Halford stated the message would be held on the                      
Secretary's desk.                                                              
                                                                               
Senator Taylor moved and asked unanimous consent that today's                  
calendar be approved.  Without objection, it was so ordered.                   
                                                                               
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 441                                                                       
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 441(FIN) am "An Act making, amending, and                       
repealing capital and operating appropriations; and providing for an           
effective date" be placed at the bottom of today's calendar.  Without          
objection, it was so ordered.                                                  
                                                                               
HB 455                                                                       
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 455(FIN) am "An Act making and amending                         
operating and capital appropriations and ratifying certain state               
expenditures; and providing for an effective date" be placed at the            
bottom of today's calendar.  Without objection, it was so ordered.             
                                                                               
                                                                               
                         HOUSE BILLS IN THIRD READING                        
                                                                               
HB 201                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN) was before                        
the Senate in third reading on reconsideration.                                
                                                                               
                                                                               

1994-05-11                     Senate Journal                      Page 4724
HB 201                                                                       
The question to be reconsidered:  "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 - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula,          
Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp,         
Taylor, Zharoff                                                                
                                                                               
Absent:  Adams                                                                 
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN)                           
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.                                 
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN) was                               
referred to the Secretary for engrossment.                                     
                                                                               
                                                                               
HB 371                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN) was before                        
the Senate in third reading on reconsideration.                                
                                                                               
                                                                               

1994-05-11                     Senate Journal                      Page 4725
HB 371                                                                       
The question to be reconsidered:  "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 - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  16   NAYS:  3   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman,           
Little, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff                   
                                                                               
Nays:  Donley, Lincoln, Phillips                                               
                                                                               
Absent:  Adams                                                                 
                                                                               
Kerttula changed from "Nay" to "Yea".                                          
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN)                           
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 the vote on              
the passage of the bill be considered the vote on the budget reserve           
fund sections.  Without objection, it was so ordered.                          
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN) was                               
referred to the Secretary for engrossment.                                     
                                                                               
                                                                               

1994-05-11                     Senate Journal                      Page 4726
HB 454                                                                       
Senator Taylor moved and asked unanimous consent that the Senate               
take up 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."  Without objection, it was so                
ordered.                                                                       
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
return to second reading for the purpose of rescinding action.                 
Without objection, it was so ordered.                                          
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
rescind its previous action in adopting the Rules Senate Committee             
Substitute.  Without objection, the Senate rescinded its previous              
action.                                                                        
                                                                               
Senator Taylor moved and asked unanimous consent to withdraw the               
Rules Senate Committee Substitute.  Without objection, it was so               
ordered.                                                                       
                                                                               
CS FOR HOUSE BILL NO. 454(FIN) was automatically in third                      
reading.                                                                       
                                                                               
The question to be reconsidered:  "Shall CS FOR HOUSE BILL NO.                 
454(FIN) "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" pass the Senate?"            
The roll was taken with the following result:                                  
                                                                               
CSHB 454(FIN)                                                                  
Third Reading - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  15   NAYS:  4   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Little,          
Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff                           
                                                                               
Nays:  Donley, Leman, Lincoln, Phillips                                        
                                                                               
                                                                               

1994-05-11                     Senate Journal                      Page 4727
HB 454                                                                       
Absent:  Adams                                                                 
                                                                               
and so, CS FOR HOUSE BILL NO. 454(FIN) passed the Senate on                    
reconsideration.                                                               
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clause.  Without objection, it was so ordered.                                 
                                                                               
CS FOR HOUSE BILL NO. 454(FIN) was signed by the President                     
and Secretary and returned to the House.                                       
                                                                               
                                                                               
HB 370                                                                       
Senator Taylor moved that the Senate adopt the Conference                      
Committee Report (page 4562) on CONFERENCE CS FOR HOUSE                        
BILL NO. 370 "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."                                              
                                                                               
The question being:  "Shall CONFERENCE CS FOR HOUSE BILL                       
NO. 370 pass the Senate?"  The roll was taken with the following               
result:                                                                        
                                                                               
CCS HB 370                                                                     
Adopt Conference Committee Report?                                             
                                                                               
YEAS:  12   NAYS:  7   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce,          
Phillips, Rieger, Sharp, Taylor                                                
                                                                               
Nays:  Donley, Duncan, Ellis, Lincoln, Little, Salo, Zharoff                   
                                                                               
Absent:  Adams                                                                 
                                                                               
                                                                               

1994-05-11                     Senate Journal                      Page 4728
HB 370                                                                       
and so, CONFERENCE CS FOR HOUSE BILL NO. 370 "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" passed the Senate.                                                       
                                                                               
Senator Taylor moved the effective date clause.                                
                                                                               
The question being:  "Shall the effective date clause be adopted?"             
The roll was taken with the following result:                                  
                                                                               
CCS HB 370                                                                     
Effective Date Vote                                                            
                                                                               
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula,          
Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp,         
Taylor, Zharoff                                                                
                                                                               
Absent:  Adams                                                                 
                                                                               
and so, the effective date clause was adopted.                                 
                                                                               
Senator Taylor moved the budget reserve fund sections.                         
                                                                               
The question being:  "Shall the budget reserve sections be adopted?"           
The roll was taken with the following result:                                  
                                                                               
CCS HB 370                                                                     
Budget Reserve Sections                                                        
                                                                               
YEAS:  15   NAYS:  4   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little,          
Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff                           
                                                                               
Nays:  Donley, Ellis, Lincoln, Phillips                                        
                                                                               
Absent:  Adams                                                                 
                                                                               
and so, the budget reserve sections were adopted.                              

1994-05-11                     Senate Journal                      Page 4729
HB 370                                                                       
The Secretary was requested to notify the House.                               
                                                                               
HB 441                                                                       
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 441(FIN) am "An Act making, amending, and                       
repealing capital and operating appropriations; and providing for an           
effective date" be held to the May 12 calendar.  Without objection,            
it was so ordered.                                                             
                                                                               
HB 455                                                                       
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 455(FIN) am "An Act making and amending                         
operating and capital appropriations and ratifying certain state               
expenditures; and providing for an effective date" be held to the              
May 12 calendar.  Without objection, it was so ordered.                        
                                                                               
                                                                               
                                   RECESS                                    
                                                                               
Senator Taylor moved and asked unanimous consent that the Senate               
stand in recess to a call of the Chair.  Without objection, the Senate         
recessed at 6:51 p.m.                                                          
                                                                               
                                                                               
                                AFTER RECESS                                 
                                                                               
The Senate reconvened at 10:21 p.m.                                            
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 201                                                                       
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" was engrossed, signed by the President and              
Secretary and returned to the House for consideration.                         
                                                                               
                                                                               

1994-05-11                     Senate Journal                      Page 4730
HB 371                                                                       
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 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 10:00 a.m., May 12, 1994.  Without                  
objection, the Senate adjourned at 10:22 p.m.                                  
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                              May 1994