Legislature(1995 - 1996)
1995-05-01 Senate Journal
Full Journal pdf1995-05-01 Senate Journal Page 1375 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Monday May 1, 1995 One Hundred Sixth Day Pursuant to adjournment the Senate was called to order by President Pearce at 2:44 p.m. The roll showed seventeen members present. Senator Hoffman was excused from a call of the Senate. Senators Ellis, Rieger were absent. The prayer was offered by the Chaplain, Senator Leman. Senator Taylor led the Senate in the pledge of allegiance. The presence of Senator Ellis was noted. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the one hundred fifth legislative day be approved as certified by the Secretary. Senator Duncan objected. Senator Duncan called the Senate. The call was satisfied. Senator Duncan withdrew his objection. There being no further objections, the journal was approved as certified. MESSAGES FROM THE HOUSE Message of April 28 was read, stating the House passed and transmitted for consideration: 1375 1995-05-01 Senate Journal Page 1376 FIRST READING AND REFERENCE OF HOUSE BILLS HB 158 CS FOR HOUSE BILL NO. 158(FIN) am(ct rls pfld)(efd fld) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to civil actions; amending Alaska Rule of Civil Procedure 95." was read the first time and referred to the Judiciary and Finance Committees. COMMUNICATIONS Disclosure letters were received in accordance with AS 24.60 and will be published in Senate Journal Supplement No. 6. STANDING COMMITTEE REPORTS SB 148 The Finance Committee considered SENATE BILL NO. 148 "An Act relating to a defined contribution retirement plan for state employees" and recommended it be replaced with CS FOR SENATE BILL NO. 148(FIN), entitled: "An Act relating to contributions and benefits in the teachers' retirement system and in the public employees' retirement system; relating to the supplemental benefits system; relating to retirement incentive programs for the public employees' retirement system, the judicial retirement system, and the teachers' retirement system; relating to separation incentives for certain state employees; repealing a provision permitting the National Education Association to participate in the teachers' retirement system; and providing for an effective date." Signing do pass: Senator Halford, Cochair, Senator Rieger. Signing no recommendation: Senator Phillips. Signing do not pass: Senators Donley, Zharoff. Fiscal note published today from Department of Administration. The bill was referred to the Rules Committee. 1995-05-01 Senate Journal Page 1377 Report dated April 27 was read stating: In accordance with AS 39.05.080, the Senate Labor and Commerce Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Department of Commerce and Economic Development Willie Hensley, Commissioner Department of Labor Tom Cashen, Commissioner Board of Certified Real Estate Appraisers Paige Hodson Board of Dental Examiners James A. Clark, D.M.D. Kenneth L. Crooks, D.D.S. Raymond L. Lang, D.D.S. Phyllis L Pendergrast, D.M.D. Carol Ross, D.D.S. Connie S. Stewart, R.D.H. Alaska Labor Relations Agency Ray Smith There were no stated objections from committee members to the confirmations of any of these appointments. This does not reflect an intent by any of the members to vote for or against these appointments during any further considerations. Signing the report: Senator Kelly, Chair, Senators Salo, Torgerson, Duncan, Miller. SCR 13 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 13 Recognizing the women who have served Alaska as state or territorial legislators and celebrating 100 years of women serving as state legislators. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. 1995-05-01 Senate Journal Page 1378 SCR 13 The resolution is on today's calendar. SCR 18 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 18 Honoring the military veterans of World War II and commemorating the 50th anniversary of the end of World War II. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Duncan, Salo. Zero fiscal note published today from the Senate Rules Committee. The resolution is on today's calendar. SCR 19 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 19 Establishing the Blue Ribbon Commission on Gaming and Gambling and relating to commission recommendations regarding gaming and gambling in the state. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. Fiscal note published today from the Legislative Affairs Agency. The resolution is on today's calendar. SJR 22 The Rules Committee considered SENATE JOINT RESOLUTION NO. 22 Requesting research on fisheries and marine mammals in the Bering Sea. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Duncan, Salo. The resolution is on today's calendar. SB 18 The Rules Committee considered SENATE BILL NO. 18 "An Act relating to an advisory vote during regional educational attendance area school board elections; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. The bill is on today's calendar. 1995-05-01 Senate Journal Page 1379 SB 130 The Rules Committee considered SENATE BILL NO. 130 "An Act relating to marine pilots and the Board of Marine Pilots; extending the termination date of the Board of Marine Pilots; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 130(RLS) Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Duncan, Salo. Previous fiscal note. The bill is on today's calendar. SB 166 The Rules Committee considered SENATE BILL NO. 166 "An Act relating to the date by which a borough school board is required to submit a school budget to the borough assembly and the date by which the borough assembly is required to appropriate money from local sources for public schools; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Duncan. Signing under other recommendations: Senator Salo. The bill is on today's calendar. SB 172 The Rules Committee considered SENATE BILL NO. 172 "An Act eliminating `monte carlo' nights as an authorized form of charitable gaming; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senator Pearce. Signing no recommendation: Senators Duncan, Sharp. Signing under other recommendations: Senator Salo. The bill is on today's calendar. 1995-05-01 Senate Journal Page 1380 CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 18 SENATE BILL NO. 18 "An Act relating to an advisory vote during regional educational attendance area school board elections; and providing for an effective date" was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1334. Without objection, CS FOR SENATE BILL NO. 18(FIN) was adopted and read the second time. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Pearce objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: CSSB 18(FIN) Advance from Second to Third Reading? YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Ellis, Lincoln, Phillips, Rieger, Salo, Zharoff Nays: Duncan, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Sharp, Taylor, Torgerson Excused: Hoffman and so, the bill was not advanced to third reading. CS FOR SENATE BILL NO. 18(FIN) will appear on the May 2 calendar. 1995-05-01 Senate Journal Page 1381 SB 130 SENATE BILL NO. 130 "An Act relating to marine pilots and the Board of Marine Pilots; extending the termination date of the Board of Marine Pilots; and providing for an effective date" was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 1379. Senator Donley objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 130(RLS) was adopted and read the second time. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, 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: CSSB 130(RLS) Advance from Second to Third Reading? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Lincoln, Salo, Zharoff Excused: Hoffman and so, the bill was not advanced to third reading. CS FOR SENATE BILL NO. 130(RLS) will appear on the May 2 calendar. SB 166 SENATE BILL NO. 166 "An Act relating to the date by which a borough school board is required to submit a school budget to the borough assembly and the date by which the borough assembly is required to appropriate money from local sources for public schools; and providing for an effective date" was read the second time. 1995-05-01 Senate Journal Page 1382 SB 166 Senator Torgerson offered Amendment No. 1 : Page 1, line 7: Delete "The" Insert "Except as otherwise provided by municipal ordinance, the [THE]" Page 1, line 14: Delete "By June 30 [" Insert "Except as otherwise provided by municipal ordinance, by June 30 [BY" Senator Torgerson moved for the adoption of Amendment No. 1. Senator Duncan objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, 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: SB 166 am Advance from Second to Third Reading? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Lincoln, Salo, Zharoff Excused: Hoffman and so, the bill was not advanced to third reading. SENATE BILL NO. 166 am will appear on the May 2 calendar. 1995-05-01 Senate Journal Page 1383 SB 172 SENATE BILL NO. 172 "An Act eliminating `monte carlo' nights as an authorized form of charitable gaming; and providing for an effective date" was read the second time. Senator Halford moved and asked unanimous consent that the bill 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: SB 172 Advance from Second to Third Reading? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Lincoln, Salo, Zharoff Excused: Hoffman and so, the bill was not advanced to third reading. SENATE BILL NO. 172 will appear on the May 2 calendar. THIRD READING OF SENATE BILLS SB 171 CS FOR SENATE BILL NO. 171(RES) "An Act extending the date for a review of and a report on the current law regarding subsistence use of fish and game and delaying the repeal of the current law regarding subsistence use of fish and game; and providing for an effective date" was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 171(RES) "An Act extending the date for a review of and a report on the current law regarding subsistence use of fish and game and delaying the repeal of the current law regarding subsistence use of fish and game; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1995-05-01 Senate Journal Page 1384 SB 171 CSSB 171(RES) Third Reading - Final Passage Effective Dates YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Hoffman and so, CS FOR SENATE BILL NO. 171(RES) passed the Senate. Senator Halford 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 and the bill was referred to the Secretary for engrossment. SECOND READING OF SENATE RESOLUTIONS SJR 22 SENATE JOINT RESOLUTION NO. 22 Requesting research on fisheries and marine mammals in the Bering Sea, was read the second time. Senator Leman moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 1334. Without objection, CS FOR SENATE JOINT RESOLUTION NO. 22(RES) was adopted and read the second time. Senator Halford moved and asked unanimous consent that the resolution be considered engrossed, advanced to third reading and placed on final passage. Objections were heard. The question being: "Shall the resolution be advanced to third reading?" The roll was taken with the following result: 1995-05-01 Senate Journal Page 1385 SJR 22 CSSJR 22(RES) Advance from Second to Third Reading? YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Taylor, Torgerson, Zharoff Nays: Green, Halford, Kelly, Sharp Excused: Hoffman Halford changed from "Yea" to "Nay". and so, the resolution was advanced to third reading. CS FOR SENATE JOINT RESOLUTION NO. 22(RES) was read the third time. The question being: "Shall CS FOR SENATE JOINT RESOLUTION NO. 22(RES) Requesting research on fisheries and marine mammals in the Bering Sea, pass the Senate?" The roll was taken with the following result: CSSJR 22(RES) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Hoffman and so, CS FOR SENATE JOINT RESOLUTION NO. 22(RES) passed the Senate. Senator Kelly gave notice of reconsideration. 1995-05-01 Senate Journal Page 1386 SCR 13 SENATE CONCURRENT RESOLUTION NO. 13 Recognizing the women who have served Alaska as state or territorial legislators and celebrating 100 years of women serving as state legislators, was read the second time. Senator Torgerson moved and asked unanimous consent for the adoption of the Community and Regional Affairs Committee Substitute offered on page 1333. Without objection, CS FOR SENATE CONCURRENT RESOLUTION NO. 13(CRA) was adopted, read the second time and was before the Senate on final passage. Senators Leman, Halford, Kelly moved and asked unanimous consent that they be shown as cosponsors on the resolution. Without objection, it was so ordered. The question being: "Shall CS FOR SENATE CONCURRENT RESOLUTION NO. 13(CRA) Recognizing the women who have served Alaska as state or territorial legislators and celebrating 100 years of women serving as state legislators, pass the Senate?" The roll was taken with the following result: CSSCR 13(CRA) Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Hoffman and so, CS FOR SENATE CONCURRENT RESOLUTION NO. 13(CRA) passed the Senate and was referred to the Secretary for engrossment. 1995-05-01 Senate Journal Page 1387 SCR 18 SENATE CONCURRENT RESOLUTION NO. 18 Honoring the military veterans of World War II and commemorating the 50th anniversary of the end of World War II, was read the second time and was before the Senate on final passage. Senators Kelly, Torgerson, Green, Miller, Leman, Sharp, Rieger, Halford, Salo, Duncan, Ellis, Lincoln, Zharoff, Phillips, Donley, Frank, Adams moved and asked unanimous consent that they be shown as cosponsors on the resolution. Without objection, it was so ordered. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 18 Honoring the military veterans of World War II and commemorating the 50th anniversary of the end of World War II, pass the Senate?" The roll was taken with the following result: SCR 18 Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Hoffman and so, SENATE CONCURRENT RESOLUTION NO. 18 passed the Senate. Senator Duncan gave notice of reconsideration. SCR 19 SENATE CONCURRENT RESOLUTION NO. 19 Establishing the Blue Ribbon Commission on Gaming and Gambling and relating to commission recommendations regarding gaming and gambling in the state, was read the second time and was before the Senate on final passage. 1995-05-01 Senate Journal Page 1388 SCR 19 The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 19 Establishing the Blue Ribbon Commission on Gaming and Gambling and relating to commission recommendations regarding gaming and gambling in the state, pass the Senate?" The roll was taken with the following result: SCR 19 Final Passage YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Kelly, Lincoln, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Leman, Phillips Excused: Hoffman and so, SENATE CONCURRENT RESOLUTION NO. 19 passed the Senate. Senator Duncan gave notice of reconsideration. CITATIONS Honoring - Katie John Senator(s) Lincoln, Adams, Duncan, Zharoff Representative(s) Nicholia Honoring - Adam Anders, 1995 Alaska State Wrestling Champion Representative(s) Vezey Senator(s) Miller, Pearce, Taylor, Duncan, Zharoff, Leman, Lincoln, Kelly Honoring - R.J. Nelson, 1995 Alaska State Wrestling Champion Representative(s) Vezey Senator(s) Miller, Pearce, Taylor, Duncan, Zharoff, Leman, Lincoln, Kelly Honoring - John Tobin, North Pole Patriots Wrestling Coach Representative(s) Vezey Senator(s) Miller, Pearce, Taylor, Duncan, Zharoff, Leman, Kelly 1995-05-01 Senate Journal Page 1389 Senator Halford moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 3:41 p.m. AFTER RECESS The Senate reconvened at 7:01 p.m. UNFINISHED BUSINESS RECONSIDERATION OF SENATE BILLS SB 151 Senator Halford requested that the reconsideration on SENATE BILL NO. 151 "An Act placing the administrative director of the court system in the public employees' retirement system" be taken up. SENATE BILL NO. 151 was before the Senate on reconsideration. Senator Pearce called the Senate. The call was satisfied. The question to be reconsidered: "Shall SENATE BILL NO. 151 "An Act placing the administrative director of the court system in the public employees' retirement system" pass the Senate?" The roll was taken with the following result: SB 151 Third Reading - On Reconsideration YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Leman, Miller, Pearce, Phillips, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Kelly, Lincoln, Rieger, Salo, Zharoff Excused: Hoffman 1995-05-01 Senate Journal Page 1390 SB 151 and so, SENATE BILL NO. 151 passed the Senate on reconsideration and was referred to the Secretary for engrossment. Senator Halford moved and asked unanimous consent that the Senate return to Messages From the House. Without objection, the Senate returned to: MESSAGES FROM THE HOUSE SB 27 Message of May 1 was read, stating the House passed and returned for consideration SPONSOR SUBSTITUTE FOR SENATE BILL NO. 27 with the following amendment: HOUSE CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 27(JUD) "An Act relating to child visitation rights of grandparents and other persons who are not the parents of the child." Senator Halford moved that the Senate concur in the House amendment. The question being: Shall the Senate concur in the House amendment to SPONSOR SUBSTITUTE FOR SENATE BILL NO. 27? The roll was taken with the following result: HCS SSSB 27(JUD) Shall the Senate concur in the House amendment to SSSB 27? YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Hoffman and so, the Senate concurred in the House amendment, thus passing HOUSE CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 27(JUD). 1995-05-01 Senate Journal Page 1391 SB 27 The Secretary was requested to notify the House. HOUSE CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 27(JUD) was referred to the Secretary for enrollment. SB 147 Message of May 1 was read, stating the House passed and returned for consideration SENATE BILL NO. 147 with the following amendment: HOUSE CS FOR SENATE BILL NO. 147(RES) "An Act relating to a municipal river habitat protection tax credit." Senator Halford moved that the Senate concur in the House amendment. The question being: Shall the Senate concur in the House amendment to SENATE BILL NO. 147? The roll was taken with the following result: HCSSB 147(RES) Shall the Senate concur in the House amendment to SB 147? YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Hoffman and so, the Senate concurred in the House amendment, thus passing HOUSE CS FOR SENATE BILL NO. 147(RES). The Secretary was requested to notify the House. HOUSE CS FOR SENATE BILL NO. 147(RES) was referred to the Secretary for enrollment. 1995-05-01 Senate Journal Page 1392 Message of May 1 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 104 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104(JUD) am BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to disclosures of information about certain minors." was read the first time and referred to the Health, Education and Social Services, Judiciary and Finance Committees. HB 130 CS FOR HOUSE BILL NO. 130(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to letters of intent by legislative committees and to the adoption, amendment, and repeal of regulations." was read the first time and referred to the State Affairs and Finance Committees. HB 159 CS FOR HOUSE BILL NO. 159(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act allowing a person under age 21 to be arrested by a peace officer without a warrant for illegal possession, consumption, or control of alcohol; relating to the offenses of driving while intoxicated and failure to submit to a chemical test of breath or blood; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. 1995-05-01 Senate Journal Page 1393 HB 201 CS FOR HOUSE BILL NO. 201(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to prisoner litigation, post-trial motions, post-conviction relief, sentence appeals, execution on judgments against prisoners; amending Alaska Administrative Rule 10, Alaska Rules of Appellate Procedure 204, 208, 209, 215, 403, 521, 602, 603, and 604, Alaska Rules of Civil Procedure 3, 16.1, and 65, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1; and providing for an effective date." was read the first time and referred to the Judiciary Committee. HB 233 CS FOR HOUSE BILL NO. 233(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act extending the termination date of the Board of Clinical Social Work Examiners, Board of Marine Pilots, Board of Marital and Family Therapy, State Medical Board, Board of Nursing, Board of Psychologist and Psychological Associate Examiners, Real Estate Commission, Special Education Service Agency, Correctional Industries Commission, and Hazardous Substance Spill Technology Review Council; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 297 HOUSE BILL NO. 297 BY REPRESENTATIVE MOSES, entitled: "An Act relating to fees for a commercial fishing vessel license." was read the first time and referred to the Finance Committee. 1995-05-01 Senate Journal Page 1394 HB 306 CS FOR HOUSE BILL NO. 306(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to a lien for services provided by a hospital, nurse, or physician." was read the first time and referred to the Judiciary Committee. The Senate returned to: UNFINISHED BUSINESS SB 121 Senator Halford moved and asked unanimous consent that the reconsideration on SENATE BILL NO. 121 "An Act making an appropriation for deferred maintenance for the University of Alaska; and providing for an effective date" be held to May 2. Without objection, it was so ordered. RECONSIDERATION OF SENATE BILLS SB 28 Senator Donley requested that the reconsideration on CS FOR SENATE BILL NO. 28(FIN) "An Act relating to transfer of motor vehicle ownership and motor vehicle emissions inspection; and providing for an effective date" be taken up. CS FOR SENATE BILL NO. 28(FIN) was before the Senate on reconsideration. Senator Donley offered Title Amendment No. 1: Page 1, lines 1 - 2: Delete "relating to transfer of motor vehicle ownership and motor vehicle emissions inspection" Insert "requiring emissions inspection upon certain transfers of motor vehicle ownership; relating to fees for registration not conducted at a motor vehicle emissions 1995-05-01 Senate Journal Page 1395 SB 28 inspections station and fees for motor vehicle emissions control programs; limiting motor vehicle emissions inspection to not more than once every two years and imposing a penalty for operating a motor vehicle in violation of emissions requirements" Senator Donley moved and asked unanimous consent that Title Amendment No. 1 be adopted. Senator Halford objected, then withdrew his objection. There being no further objection, Title Amendment No. 1 was adopted. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 28(FIN)(title am) "An Act requiring emissions inspection upon certain transfers of motor vehicle ownership; relating to fees for registration not conducted at a motor vehicle emissions inspections station and fees for motor vehicle emissions control programs; limiting motor vehicle emissions inspection to not more than once every two years and imposing a penalty for operating a motor vehicle in violation of emissions requirements; and providing for an effective date" pass the Senate? The roll was taken with the following result: CSSB 28(FIN) (title am) Third Reading - On Reconsideration Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Hoffman and so, CS FOR SENATE BILL NO. 28(FIN)(title am) passed the Senate on reconsideration. Senator Duncan 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 and the bill was referred to the Secretary for engrossment. 1995-05-01 Senate Journal Page 1396 SB 81 Senator Duncan requested that the reconsideration on CS FOR SENATE BILL NO. 81(FIN) "An Act amending the Fish and Game Code by removing `wolf' from the definition of `big game'; relating to the classification and taking of wolves; and providing for a harvest incentive on wolves taken in areas designated by the Board of Game" be taken up. CS FOR SENATE BILL NO. 81(FIN) was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 81(FIN) "An Act amending the Fish and Game Code by removing `wolf' from the definition of `big game'; relating to the classification and taking of wolves; and providing for a harvest incentive on wolves taken in areas designated by the Board of Game" pass the Senate? The roll was taken with the following result: CSSB 81(FIN) Third Reading - On Reconsideration YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Salo, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Phillips, Rieger, Zharoff Excused: Hoffman and so, CS FOR SENATE BILL NO. 81(FIN) passed the Senate on reconsideration and was referred to the Secretary for engrossment. Senator Green moved and asked unanimous consent that today's prayer be spread. Without objection, it was so ordered. From Colossians: He is the image of the invisible God, the firstborn over all creation. For by him all things were created: things in heaven and on earth, visible and invisible, whether thrones or powers or rulers or authorities; all things were created by him and for him. He is before all things, and in him all things hold together. And he is the 1995-05-01 Senate Journal Page 1397 head of the body, the church; he is the beginning and the firstborn from among the dead, so that in everything he might have the supremacy. For God was pleased to have all his fullness dwell in him, and through him to reconcile to himself all things, whether things on earth or things in heaven, by making peace through his blood, shed on the cross. Once you were alienated from God and were enemies in your minds because of your evil behavior. But now he has reconciled you by Christ's physical body through death to present you holy in his sight, without blemish and free from accusation -- if you continue in your faith, established and firm, not moved from the hope held out in the gospel. This is the gospel that you heard and that has been proclaimed to every creature under heaven, and of which I, Paul, have become servant. Amen. HB 237 President Pearce added a Judiciary Committee referral to CS FOR HOUSE BILL NO. 237(JUD) am "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to confidentiality of workers' compensation medical and rehabilitation information; to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits; to workers' compensation death benefits; to computation of workers' compensation benefits; to penalties for fraudulent acts related to workers' compensation; to immunity for employer workplace safety inspections related to workers' compensation insurance; and providing for an effective date." CS FOR HOUSE BILL NO. 237(JUD) am was referred to the Labor and Commerce Committee then Judiciary Committee. SB 154 The reconsideration on SENATE BILL NO. 154 "An Act relating to an aggravating factor at sentencing" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. ANNOUNCEMENTS Announcements are at the end of the journal. 1995-05-01 Senate Journal Page 1398 ENGROSSMENT SCR 13 CS FOR SENATE CONCURRENT RESOLUTION NO. 13(CRA) Recognizing the women who have served Alaska as state or territorial legislators and celebrating 100 years of women serving as state legislators, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 28 CS FOR SENATE BILL NO. 28(FIN)(title am) "An Act requiring emissions inspection upon certain transfers of motor vehicle ownership; relating to fees for registration not conducted at a motor vehicle emissions inspections station and fees for motor vehicle emissions control programs; limiting motor vehicle emissions inspection to not more than once every two years and imposing a penalty for operating a motor vehicle in violation of emissions requirements; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 81 CS FOR SENATE BILL NO. 81(FIN) "An Act amending the Fish and Game Code by removing 'wolf' from the definition of 'big game'; relating to the classification and taking of wolves; and providing for a harvest incentive on wolves taken in areas designated by the Board of Game" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 151 SENATE BILL NO. 151 "An Act placing the administrative director of the court system in the public employees' retirement system" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 154 SENATE BILL NO. 154 "An Act relating to an aggravating factor at sentencing" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1995-05-01 Senate Journal Page 1399 SB 171 CS FOR SENATE BILL NO. 171(RES) "An Act extending the date for a review of and a report on the current law regarding subsistence use of fish and game and delaying the repeal of the current law regarding subsistence use of fish and game; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 2, 1995. Without objection, the Senate adjourned at 7:33 p.m. Nancy Quinto Secretary of the Senate May 1995 1995-05-01 Senate Journal Page 1400 ANNOUNCEMENTS NOTICE - AMERICANS WITH DISABILITIES ACT Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 MAY 01 MONDAY 1:30 PM BILLS AS ANNOUNCED BY THE CHAIR UNDER UNIFORM RULE 23(D) MAY 03 WEDNESDAY 1:30 PM BILLS AS ANNOUNCED BY THE CHAIR UNDER UNIFORM RULE 23(D) MAY 05 FRIDAY 1:30 PM BILLS AS ANNOUNCED BY THE CHAIR UNDER UNIFORM RULE 23(D) ---------------------------------------- FINANCE SENATE FINANCE 532 MAY 01 MONDAY 9:00 AM -- PREVIOUSLY SCHEDULED BILLS -- MAY 02 TUESDAY 9:30 AM SB 115 UNIFORM INTERSTATE FAMILY SUPPORT ACT HB 169 DEPT. NAT RES. IS LEAD AGENCY FOR MINING HB 197 MINERAL EXPLORATION INCENTIVE CREDITS HB 320 APPROVE TESORO ROYALTY OIL AGREEMENT HB 297 VESSEL FEES SB 136 APPROP: FY 96 CAPITAL PROJECTS BUDGET HB 17 OFFICERS OF UTILITY COOPERATIVES BILLS PREVIOUSLY HEARD ---------------------------------------- 1995-05-01 Senate Journal Page 1401 JUDICIARY BELTZ ROOM 211 MAY 01 MONDAY 1:30 PM BILLS AND HEARING HELD TO 5/3; MEETING CANCELLED -- TELECONFERENCE -- HB 38 SENTENCING;3RD SERIOUS FELONY OFFENDER HB 274 TUBERCULOSIS CONTROL COMMISSION ON JUDICIAL CONDUCT CONFIRMATION HEARINGS: PATRICK BROWN, JOANN HOLMES, ARTHUR PETERSON BILLS PREVIOUSLY HEARD MAY 03 WEDNESDAY 1:30 PM -- RESCHEDULED FROM 05/01/95 -- CONFIRMATION HEARINGS: COMMISSION ON JUDICIAL CONDUCT; PATRICK BROWN, JOANN HOLMES, ARTHUR PETERSON HB 38 SENTENCING;3RD SERIOUS FELONY OFFENDER HB 274 TUBERCULOSIS CONTROL HB 120 INDEMNIFICATION OF PUBLIC EMPLOYEES HB 237 WORKERS' COMPENSATION AMENDMENTS <PENDING REFERRAL> HB 158 CIVIL LIABILITY BILLS PREVIOUSLY HEARD ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAY 02 TUESDAY 1:30 PM -- TELECONFERENCE -- HB 180 LIQUOR LICENSES FOR RESORT/LODGES SB 158 PHARMACISTS AND PHARMACIES SB 160 EXCLUSIONS FROM UNEMPLOYMENT COVERAGE HB 237 WORKERS' COMPENSATION AMENDMENTS CONFIRMATION HEARING BOARD OF NURSING MAY 04 THURSDAY 1:30 PM OVERVIEW ON BELOW BILL: SB 157 SMALL LOANS & RETAIL INSTALLMENT SALES ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAY 01 MONDAY 7:45 PM -- TIME CHANGE -- -- TELECONFERENCE -- HB 207 ADJUSTMENTS TO OIL AND GAS ROYALTIES ---------------------------------------- 1995-05-01 Senate Journal Page 1402 RULES FAHRENKAMP ROOM 203 MAY 01 MONDAY 7:30 PM SB 148 STATE EMP DEFINED CONTRIB RETIREMENT PROG ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAY 02 TUESDAY 3:30 PM HJR 9 SUIT RE POWS & MIAS AGAINST U.S. & OTHERS <TELECONFERENCE ON ABOVE RESOLUTION> HJR 39 NORTHERN SEA ROUTE DEVELOPMENT HB 10 PAYMENT OF COSTS OF DWI ACCIDENTS <TELECONFERENCE ON ABOVE BILL> SB 163 APPROVE U OF A DEBT FOR STUDENT HOUSING SR 3 CONVERSION OF ADAK NAVAL AIR FACILITY SCR 14 UNIVERSITY OF ALASKA STUDENT HOUSING BILLS PREVIOUSLY HEARD MAY 04 THURSDAY 3:30 PM BILLS PREVIOUSLY HEARD ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAY 02 TUESDAY 1:30 PM HB 48 MOTORCYCLE HELMET STANDARDS JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 100 SENATE FINANCE 532 MAY 01 MONDAY 7:30 PM DISCUSSION ON LABOR, MILITARY AND VETERANS AFFAIRS, REVENUE, AND EDUCATION OTHER COMMITTEES MAJORITY CAUCUS BUTROVICH ROOM 205 MAY 01 MONDAY 3:45 PM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 MAY 01 MONDAY 3:45 PM MINORITY CAUCUS