Legislature(1995 - 1996)
1995-05-11 Senate Journal
Full Journal pdf1995-05-11 Senate Journal Page 1721 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Thursday May 11, 1995 One Hundred Sixteenth Day Pursuant to adjournment the Senate was called to order by President Pearce at 7:32 p.m. The roll showed sixteen members present. Senators Donley, Lincoln, Rieger, Taylor were absent. The prayer was offered by the Chaplain, Senator Leman. Senator Hoffman led the Senate in the pledge of allegiance. Senator Duncan moved and asked unanimous consent that Senator Donley be excused from a call of the Senate for the remainder of May 11. Without objection, Senator Donley was excused. The presence of Senators Rieger, Taylor was noted. CERTIFICATION Senator Halford moved and asked unanimous consent that the journals for the one hundred fourteenth and one hundred fifteenth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 106 Message of May 10 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1721 1995-05-11 Senate Journal Page 1722 SB 106 CS FOR SENATE BILL NO. 106(JUD) "An Act prohibiting minors from patronizing businesses that offer adult entertainment and prohibiting the employment of minors at businesses offering adult entertainment." Chapter 18, SLA 1995 Effective Date: 8/8/95 HB 215 Message of May 10 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 215(RLS) "An Act relating to suspension of a student from a public school." Chapter 19, SLA 1995 Effective Date: 8/8/95 SB 39 Message of May 10 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 39(FIN) "An Act relating to memorial scholarship loans; and providing for an effective date." Chapter 20, SLA 1995 Effective Date: 7/1/95 HB 173 Message of May 10 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 173 "An Act relating to reports by state agencies." 1995-05-11 Senate Journal Page 1723 HB 173 Chapter 21, SLA 1995 Effective Date: 8/8/95 HB 23 Message of May 10 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 23 "An Act relating to referrals involving dental services." Chapter 22, SLA 1995 Effective Date: 8/8/95 SB 85 Message of May 10 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 85(JUD) am "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." Chapter 23, SLA 1995 Effective Date: 5/11/95 HB 320 Message of May 11 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 320 "An Act approving the sale of Prudhoe Bay Unit royalty oil by the State of Alaska to Tesoro Alaska Petroleum Company; and providing for an effective date." Chapter 24, SLA 1995 Effective Date: 5/12/95 1995-05-11 Senate Journal Page 1724 HB 150 Message of May 11 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 150 "An Act relating to receipts for bail forfeited in satisfaction for certain offenses." Chapter 25, SLA 1995 Effective Date: 8/9/95 HB 151 Message of May 11 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 151 "An Act relating to magistrate jurisdiction in presumptive death proceedings." Chapter 26, SLA 1995 Effective Date: 8/9/95 HB 153 Message of May 11 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 153 "An Act relating to the surety bond for certain judicial officers." Chapter 27, SLA 1995 Effective Date: 8/9/95 The presence of Senator Lincoln was noted. 1995-05-11 Senate Journal Page 1725 MESSAGES FROM THE HOUSE SB 123 Message of May 9 was read stating, the House has failed to recede from its amendment to CS FOR SENATE BILL NO. 123(FIN), namely: CS FOR SENATE BILL NO. 123(FIN) am H "An Act relating to student loan programs and fees for review of postsecondary education institutions; relating to a postsecondary student exchange program administered by the Western Interstate Commission on Higher Education; and providing for an effective date." The Speaker has appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the bills: Representative Bunde, Chair Representative Vezey Representative Brown Senate members appointed May 8: Senator Green, Chair Senator Phillips Senator Ellis Message of May 10 was read stating, the Speaker has granted limited powers of free conference to the Conferees considering the following: CS FOR SENATE BILL NO. 123(FIN) and CS FOR SENATE BILL NO. 123(FIN) am H "An Act relating to student loan programs and fees for review of postsecondary education institutions; relating to a postsecondary student exchange program administered by the Western Interstate Commission on Higher Education; and providing for an effective date." 1995-05-11 Senate Journal Page 1726 SB 123 The specific point granted is: Student loans relating to career education in Section 1 of CS FOR SENATE BILL NO. 123(FIN). Report dated May 10 was received from the Conference Committee considering the above bills, requesting limited powers of free conference on the following specific point: Student loans relating to career education in Section 1 of CS FOR SENATE BILL NO. 123(FIN). Signing the report: Senator Green, Chair, Senators Phillips, Ellis, Representative Bunde, Chair, Representatives Vezey, Brown. President Pearce granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. HB 35 Message of May 10 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 35(JUD), thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 35(HES) am S "An Act relating to sexual misconduct as grounds for imposing disciplinary sanctions on persons licensed by the State Medical Board." HB 9 Message of May 9 was read, stating the Speaker has granted limited powers of free conference to the conferees considering the following: CS FOR HOUSE BILL NO. 9(FIN) and SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S "An Act relating to recovery of damages from a person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor." 1995-05-11 Senate Journal Page 1727 HB 9 The specific points granted are: AS 34.50.020(a)(2) on page 2, line 5 of SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S. The section deals with apportionment of damages in cases of court ordered joint custody. SCR 13 Message of May 9 was read, stating the House passed and returned: 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. The resolution was referred to the Secretary for enrollment. SJR 27 Message of May 9 was read, stating the House passed and returned: CS FOR SENATE JOINT RESOLUTION NO. 27(RES) Endorsing development of the Fall Creek hydroelectric project near Gustavus. The resolution was referred to the Secretary for enrollment. SB 88 Message of May 9 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 88(FIN) "An Act establishing a pilot program for charter schools; and providing for an effective date." The bill was referred to the Secretary for enrollment. SB 115 Message of May 9 was read, stating the House passed and returned: 1995-05-11 Senate Journal Page 1728 SB 115 CS FOR SENATE BILL NO. 115(FIN) am "An Act repealing the Uniform Reciprocal Enforcement of Support Act; enacting the Uniform Interstate Family Support Act; relating to administrative establishment and disestablishment of paternity and establishing paternity by affidavit; relating to child support enforcement; amending Alaska Rules of Civil Procedure 79, 82, and 90.3(h)(2); and providing for an effective date." The bill was referred to the Secretary for enrollment with a Legislative Letter of Intent. SB 130 Message of May 10 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 130(RLS) "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." The bill was referred to the Secretary for enrollment. SB 3 Message of May 10 was read, stating the House passed and returned: SENATE BILL NO. 3 "An Act relating to an antitrust exemption for persons engaged in the fishing industry." The bill was referred to the Secretary for enrollment. SB 21 Message of May 10 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 21(RES) "An Act relating to penalties for violations of commercial fishing laws." The bill was referred to the Secretary for enrollment. 1995-05-11 Senate Journal Page 1729 SB 154 Message of May 10 was read, stating the House passed and returned: SENATE BILL NO. 154 "An Act relating to an aggravating factor at sentencing." The bill was referred to the Secretary for enrollment. Message of May 9 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 17 HOUSE CONCURRENT RESOLUTION NO. 17 BY THE HOUSE STATE AFFAIRS COMMITTEE, Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 92, relating to exemption of certain activities of the Alaska Housing Finance Corporation from the provisions of the Executive Budget Act. was read the first time. President Pearce stated the resolution will be held on the Secretary's desk. HCR 20 HOUSE CONCURRENT RESOLUTION NO. 20 BY THE HOUSE LABOR AND COMMERCE COMMITTEE, Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 53, relating to insurance. was read the first time. President Pearce stated the resolution will be held on the Secretary's desk. 1995-05-11 Senate Journal Page 1730 SB 46 Message of May 9 was read, stating the House passed CS FOR SENATE BILL NO. 46(RLS) with the following amendment: Page 3, line 31 after "AS 41.21; insert: "and" Page 4, lines 1-8: Delete all material. Insert: "(5) AS 04.16.050, relating to possession or consumption." and so, CS FOR SENATE BILL NO. 46(RLS) am H "An Act revising the provision of law under which a minor may be charged, prosecuted, and sentenced as an adult in the district court, and adding to the list of offenses for which a minor may be prosecuted as an adult in the district court; amending the criminal jurisdiction of the district court to provide for the disposition of certain offenses relating to possession, control, or consumption of alcoholic beverages by a person under 21 years of age and possession of tobacco by a person under 19 years of age; allowing a person under age 21 to be arrested by a peace officer without a warrant for acts relating to illegal possession, consumption, or control of alcohol; and amending the penalty applicable to persons under 21 years of age who possess, control, or consume alcoholic beverages." is returned for consideration. Senator Halford moved that the Senate concur in the House amendment. Senator Duncan objected. The question being: "Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 46(RLS)?" The roll was taken with the following result: 1995-05-11 Senate Journal Page 1731 SB 46 CSSB 46(RLS) am H Shall the Senate concur in the House amendment to CSSB 46(RLS)? YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Donley and so, the Senate concurred in the House amendment, thus passing CS FOR SENATE BILL NO. 46(RLS) am H "An Act revising the provision of law under which a minor may be charged, prosecuted, and sentenced as an adult in the district court, and adding to the list of offenses for which a minor may be prosecuted as an adult in the district court; amending the criminal jurisdiction of the district court to provide for the disposition of certain offenses relating to possession, control, or consumption of alcoholic beverages by a person under 21 years of age and possession of tobacco by a person under 19 years of age; allowing a person under age 21 to be arrested by a peace officer without a warrant for acts relating to illegal possession, consumption, or control of alcohol; and amending the penalty applicable to persons under 21 years of age who possess, control, or consume alcoholic beverages." The Secretary was requested to notify the House. CS FOR SENATE BILL NO. 46(RLS) am H was referred to the Secretary for enrollment. HCR 20 HOUSE CONCURRENT RESOLUTION NO. 20 which had been placed on the Secretary's desk (page 1729) was read the second time and was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 20 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 53, relating to insurance, pass the Senate?" The roll was taken with the following result: 1995-05-11 Senate Journal Page 1732 HCR 20 HCR 20 Final Passage YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff Nays: Taylor Excused: Donley and so, HOUSE CONCURRENT RESOLUTION NO. 20 passed the Senate, was signed by the President and Secretary and returned to the House. SB 53 Message of May 8 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 53(JUD) "An Act relating to regulation of risk retention or purchasing groups; to preemption of the regulation of insurance agents and insurance producers; to the general powers of the director of the division of insurance; to insurance examination hearings; to insurer certificates of authority; to annual and quarterly statements, taxes, and prohibited acts of insurers; to reinsurance credit allowed a domestic insurer; to risk based capital for insurers; to insurer assets and liabilities; to insurer investments; to insurance holding companies; to regulation, licensing, examination, and trade practices of insurance producers, managing general agents, third-party administrators, brokers, independent adjusters, and reinsurance intermediary managers; to surplus lines insurance; to criminal insurance acts; to premium increases in automobile insurance; to insurance rating; to assigned risk pools; to filing and approval of certain insurance policy forms; to required insurance coverage for acupuncture, nurse midwives' services, mammography, and phenylketonuria; to health insurance provided by small employers; to transfer of an insurer's status as a domestic insurer; to quarterly statements of benevolent associations, fraternal benefit societies, and health maintenance organizations; to reciprocal insurers; to the definition of 'member insurer' for purposes 1995-05-11 Senate Journal Page 1733 SB 53 of the Alaska Life and Disability Insurance Guaranty Association; to electronic insurance data transfer and insurance funds transfer; to the definitions of 'managing general agent' and 'person' applicable to insurance law; to automobile assigned risk plans; placing a person employed by the division of insurance as an actuary or assistant actuary into the exempt service; amending Alaska Rule of Civil Procedure 45; and providing for an effective date" with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 53(L&C) am H "An Act relating to insurance; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." (title change authorized by HOUSE CONCURRENT RESOLUTION NO. 20) Senator Halford 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. 53(JUD)?" The roll was taken with the following result: HCS CSSB 53(L&C) am H Shall the Senate concur in the House amendment to CSSB 53(JUD)? YEAS: 4 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Green, Kelly, Salo, Torgerson Nays: Adams, Duncan, Ellis, Frank, Halford, Hoffman, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Zharoff Excused: Donley and so, the Senate failed to concur in the House amendment. See page 1737. 1995-05-11 Senate Journal Page 1734 HB 233 Message dated May 10 was read, stating the House failed to concur in the Senate amendment to CS FOR HOUSE BILL NO. 233(FIN) am and respectfully requests the Senate to recede from its amendments, namely: SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN) am S "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." 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 Kott, Chair Representative Martin Representative Davies The Speaker granted limited powers of free conference to the conferees. The specific points are forthcoming. Senator Halford moved that the Senate recede from its amendments and recommended the body vote no. The question being: "Shall the Senate recede from its amendments to CS FOR HOUSE BILL NO. 233(FIN) am?" The roll was taken with the following result: 1995-05-11 Senate Journal Page 1735 HB 233 SCS CSHB 233(FIN) am S Shall the Senate recede from its amendments to CSHB 233(FIN) am? YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, the Senate failed to recede. The President appointed the following members to a Conference Committee to meet with the like committee from the House: Senator Rieger, Chair Senator Kelly Senator Salo President Pearce granted the Senate members limited powers of free conference on the dates only. The Secretary was requested to notify the House. HB 78 Message dated May 10 was read, stating the House failed to concur in the Senate amendment to CS FOR HOUSE BILL NO. 78(FIN) am and respectfully requests the Senate to recede from its amendments, namely: SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) am S(efd fld S) "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid 1995-05-11 Senate Journal Page 1736 HB 78 in the case of pregnant minors and minors who are parents; proposing special demonstration projects 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 projects; amending Alaska Rule of Civil Procedure 90.3." 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 Hanley, Chair Representative Toohey Representative Davis, B. Senator Halford moved that the Senate recede from its amendments. The question being: "Shall the Senate recede from its amendments to CS FOR HOUSE BILL NO. 78(FIN)?" The roll was taken with the following result: SCS CSHB 78(FIN) am S (efd fld S) Shall the Senate recede from its amendments to CSHB 78(FIN) am? YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, the Senate failed to recede. The President appointed the following members to a Conference Committee to meet with the like committee from the House: Senator Miller, Chair Senator Green Senator Hoffman 1995-05-11 Senate Journal Page 1737 HB 78 The Secretary was requested to notify the House. 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 8:10 p.m. AFTER RECESS The Senate reconvened at 8:47 p.m. Senator Pearce called the Senate. SB 53 Senator Kelly moved and asked unanimous consent that the Senate rescind its previous action in failing to concur in the House amendment to CS FOR SENATE BILL NO. 53(JUD) "An Act relating to regulation of risk retention or purchasing groups; to preemption of the regulation of insurance agents and insurance producers; to the general powers of the director of the division of insurance; to insurance examination hearings; to insurer certificates of authority; to annual and quarterly statements, taxes, and prohibited acts of insurers; to reinsurance credit allowed a domestic insurer; to risk based capital for insurers; to insurer assets and liabilities; to insurer investments; to insurance holding companies; to regulation, licensing, examination, and trade practices of insurance producers, managing general agents, third-party administrators, brokers, independent adjusters, and reinsurance intermediary managers; to surplus lines insurance; to criminal insurance acts; to premium increases in automobile insurance; to insurance rating; to assigned risk pools; to filing and approval of certain insurance policy forms; to required insurance coverage for acupuncture, nurse midwives' services, mammography, and phenylketonuria; to health insurance provided by small employers; to transfer of an insurer's status as a domestic insurer; to quarterly statements of benevolent associations, fraternal benefit societies, and health maintenance organizations; to reciprocal insurers; to the definition of `member insurer' for purposes 1995-05-11 Senate Journal Page 1738 SB 53 of the Alaska Life and Disability Insurance Guaranty Association; to electronic insurance data transfer and insurance funds transfer; to the definitions of `managing general agent' and `person' applicable to insurance law; to automobile assigned risk plans; placing a person employed by the division of insurance as an actuary or assistant actuary into the exempt service; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." (page 1732) Objections were heard. The question being: "Shall the Senate rescind its previous action in failing to concur in the House amendment to CS FOR SENATE BILL NO. 53(JUD)?" The roll was taken with the following result: HCS CSSB 53(L&C) am H Rescind previous action in failing to concur in the House amendment to CSSB 53(JUD)? YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff Nays: Taylor Excused: Donley and so, the Senate rescinded its previous action. The question being: "Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 53(JUD)?" The roll was taken with the following result: 1995-05-11 Senate Journal Page 1739 SB 53 HCS CSSB 53(L&C) am H Shall the Senate concur in the House amendment to CSSB 53(JUD)? Effective Date - Court Rule YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Hoffman, Kelly, Leman, Lincoln, Miller, R.Phillips, Salo, Sharp, Torgerson, Zharoff Nays: Halford, Pearce, Rieger, Taylor Excused: Donley Halford changed from "Yea" to "Nay". and so, the Senate concurred in the House amendment, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 53(L&C) am H "An Act relating to insurance; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause and the Court Rule change. Without objection, it was so ordered. The Secretary was requested to notify the House. President Pearce made the following appointment: Board of Alaska Science and Technology Foundation Senator Zharoff, Alternate 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 8:59 p.m. 1995-05-11 Senate Journal Page 1740 AFTER RECESS The Senate reconvened at 12:12 a.m. Senator Duncan called the Senate. President Pearce stated the call was satisfied. STANDING COMMITTEE REPORTS HB 48 The Judiciary Committee considered CS FOR HOUSE BILL NO. 48(JUD) "An Act relating to motorcycle helmets." Signing do pass: Senator Taylor, Chair, Senators Adams, Miller. Signing no recommendation: Senator Green. Previous House zero fiscal notes. The bill was referred to the Rules Committee. HB 87 The Judiciary Committee considered HOUSE BILL NO. 87 am "An Act authorizing youth courts to provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, and renaming the community legal assistance grant fund and amending the purposes for which grants may be made from that fund in order to provide financial assistance for organization and initial operation of youth courts." Signing do pass: Senator Taylor, Chair, Senators Miller, Green. Signing no recommendation: Senator Adams. Previous House zero fiscal notes. The bill was referred to the Rules Committee. HB 119 The Resources Committee considered HOUSE BILL NO. 119 "An Act exempting schools from certain fees charged by the Department of Environmental Conservation; and providing for an effective date." Signing do pass: Senator Leman, Chair, Senators Frank, Pearce, Taylor. 1995-05-11 Senate Journal Page 1741 HB 119 Previous House fiscal note. The bill was referred to the Rules Committee. HB 201 The Judiciary Committee considered CS FOR HOUSE BILL NO. 201(FIN) am "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." Signing do pass: Senator Taylor, Chair, Senators Adams, Miller, Green. Previous House zero fiscal notes. The bill was referred to the Rules Committee. HB 207 The Finance Committee considered CS FOR HOUSE BILL NO. 207(FIN) am "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) Signing no recommendation: Senators Frank, Halford, Cochairs, Senators Phillips, Zharoff, Sharp. Signing do pass: Senator Rieger. Previous House fiscal notes and zero fiscal note. The bill was referred to the Rules Committee. 1995-05-11 Senate Journal Page 1742 HB 292 The Judiciary Committee considered CS FOR HOUSE BILL NO. 292(JUD) "An Act relating to searches by peace officers who enforce fish and game laws, to false statements and omissions in regard to application for fish and game licenses, tags, and permits, and to nonresident hunters" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 292(JUD) "An Act relating to false statements and omissions in regard to application for fish and game licenses, tags, and permits and to nonresident hunters." (title change authorized by SENATE CONCURRENT RESOLUTION NO. 21) Signing do pass: Senator Taylor, Chair, Senator Green. Signing no recommendation: Senator Miller. Previous House zero fiscal note. The bill was referred to the Rules Committee. HJR 9 The Rules Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 9(JUD) Requesting the governor to file suit in the United States Supreme Court against the United States government alleging violations of the civil rights of Americans listed as prisoners of war or missing in action in Southeast Asia, demanding that documents concerning these individuals be released; and requesting the other states to join in this suit. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. The resolution is on today's calendar. HJR 44 The Rules Committee considered HOUSE JOINT RESOLUTION NO. 44 Proposing postage stamps honoring wild Alaska salmon and centuries of continued use of wild Alaska salmon for subsistence, sport, and commercial fish harvesters. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. The resolution is on today's calendar. 1995-05-11 Senate Journal Page 1743 HB 107 The Rules Committee considered CS FOR HOUSE BILL NO. 107(FSH) "An Act relating to restrictions attached to certain commercial fisheries limited entry permits." Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. The bill is on today's calendar. SPECIAL COMMITTEE REPORTS HB 78 May 11, 1995 Madam President: Madam Speaker: The Conference Committee considering CS FOR HOUSE BILL NO. 78(FIN) am "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents; proposing special demonstration projects 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 projects; amending Alaska Rule of Civil Procedure 90.3; and providing for an effective date" and SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) am S(efd fld S) "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents; proposing special demonstration projects within the program 1995-05-11 Senate Journal Page 1744 HB 78 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 projects; amending Alaska Rule of Civil Procedure 90.3" respectfully requests limited powers of free conference on the following bill sections: CS FOR HOUSE BILL NO. 78(FIN) am Section 2. (q) Section 10. SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) am S(efd fld S) Section 2. (q) Section 3. (c) Section 4. Section 14. (e)(f) Signing the report: Senator Green, Chair, Senators Miller, Hoffman, Representative Hanley, Chair, Representatives Toohey, B. Davis. President Pearce granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. SB 123 The following report was received and distributed at 9:55 p.m. on May 11: May 11, 1995 Madam President: Madam Speaker: The CONFERENCE COMMITTEE considered CS FOR SENATE BILL NO. 123(FIN) "An Act relating to student loan programs and fees for review of postsecondary education institutions; relating to a postsecondary student exchange program administered by the Western Interstate Commission on Higher Education; and providing for an effective date" and CS FOR SENATE BILL NO. 123(FIN) am H and recommends 1995-05-11 Senate Journal Page 1745 SB 123 CONFERENCE CS FOR SENATE BILL NO. 123 (same title) be adopted with the following Letter of Intent: Letter of Intent for CONFERENCE CS for SENATE BILL NO. 123 It is the intent of the Legislature that the Commission on Postsecondary Education enforce AS 14.43.120(d)(4) to reduce delinquency rates on state scholarship loans. and the previous Senate zero fiscal notes. Signing the report: Senator Green, Chair, Senators Phillips, Ellis, Representative Bunde, Chair, Representatives Vezey, Brown. Senator Halford moved and asked unanimous consent that the Conference Committee Letter of Intent be adopted. Senator Duncan objected, then withdrew his objection. There being no further objections, the Legislative Letter of Intent was adopted. Senator Halford moved that the Senate adopt CONFERENCE CS FOR SENATE BILL NO. 123. Senator Ellis objected. The question being: "Shall CONFERENCE CS FOR SENATE BILL NO. 123 pass the Senate?" The roll was taken with the following result: Conference CS for SB 123 Adopt Conference Committee Report? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Donley 1995-05-11 Senate Journal Page 1746 SB 123 and so, CONFERENCE CS FOR SENATE BILL NO. 123 "An Act relating to student loan programs and fees for review of postsecondary education institutions; relating to a postsecondary student exchange program administered by the Western Interstate Commission on Higher Education; and providing for an effective date" passed the Senate. Senator Halford moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: Conference CS for SB 123 Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Donley and so, the effective date clause was adopted. The Secretary was requested to notify the House. CONFERENCE CS FOR SENATE BILL NO. 123 was referred to the Secretary for engrossment and enrollment. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 21 SENATE CONCURRENT RESOLUTION NO. 21 BY THE SENATE JUDICIARY COMMITTEE, 1995-05-11 Senate Journal Page 1747 SCR 21 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 292, relating to searches by peace officers who enforce fish and game laws, to false statements and omissions in regard to application for fish and game licenses, tags, and permits, and to nonresident hunters. was read the first time. President Pearce stated the resolution would be held on the Secretary's desk. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 181 SENATE BILL NO. 181 BY GREEN, Pearce, Halford, Frank, Miller, Sharp, entitled: "An Act relating to directional and informational signs, displays, and devices and penalties for violations related to outdoor advertising." was read the first time and referred to the State Affairs Committee. CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 107 CS FOR HOUSE BILL NO. 107(FSH) "An Act relating to restrictions attached to certain commercial fisheries limited entry permits" was read the second time. 1995-05-11 Senate Journal Page 1748 HB 107 Senator Leman moved and asked unanimous consent that SENATE CONCURRENT RESOLUTION NO. 15 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No, 107, relating to restrictions attached to certain commercial fisheries limited entry permits be taken up at this time. Objections were heard. Senator Leman moved and asked unanimous consent that his motion be withdrawn. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 107(FSH) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 107(FSH) "An Act relating to commercial fisheries limited entry permits" pass the Senate?" The roll was taken with the following result: CSHB 107(FSH) Third Reading - Final Passage YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Halford Excused: Donley and so, CS FOR HOUSE BILL NO. 107(FSH) passed the Senate. Senator Miller gave notice of reconsideration. 1995-05-11 Senate Journal Page 1749 SENATE BILLS IN SECOND READING SB 136 CS FOR SENATE BILL NO. 136(FIN) "An Act making and amending appropriations; and providing for an effective date" which had been held in second reading (page 1696) was before the Senate. Senator Halford moved and asked unanimous consent that the bill be held to the May 12 calendar. Without objection, it was so ordered. THIRD READING OF HOUSE BILLS HB 17 SENATE CS FOR CS FOR HOUSE BILL NO. 17(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 17(FIN) "An Act expanding the services that may be offered by an electric cooperative to include sewer and water and gas services when authorized by the Alaska Public Utilities Commission, and to include direct satellite television services; relating to officers of a telephone or electric cooperative; relating to amendment of the articles of incorporation of a telephone or electric cooperative; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 17(FIN) Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Halford, Kelly, Lincoln, Miller, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson Nays: Hoffman, Leman, Pearce, Zharoff Excused: Donley and so, SENATE CS FOR CS FOR HOUSE BILL NO. 17(FIN) passed the Senate. 1995-05-11 Senate Journal Page 1750 HB 17 Senator Halford 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 Zharoff gave notice of reconsideration. HB 20 CS FOR HOUSE BILL NO. 20(FIN) am "An Act relating to conveyance of certain tide and submerged land to municipalities; and providing for an effective date" was read the third time. Senator Zharoff moved and asked unanimous consent that he be shown as a cross sponsor on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 20(FIN) am "An Act relating to conveyance of certain tide and submerged land to municipalities; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 20(FIN) am Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Donley and so, CS FOR HOUSE BILL NO. 20(FIN) am 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 clause. Without objection, it was so ordered. Senator Torgerson gave notice of reconsideration. 1995-05-11 Senate Journal Page 1751 HB 65 CS FOR HOUSE BILL NO. 65(HES) am "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology" was read the third time. Senators Frank, Halford, Sharp, Miller moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 65(HES) am "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology" pass the Senate?" The roll was taken with the following result: CSHB 65(HES) am Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Donley and so, CS FOR HOUSE BILL NO. 65(HES) am passed the Senate, was signed by the President and Secretary and returned to the House. HB 116 CS FOR HOUSE BILL NO. 116(L&C) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 116(L&C) "An Act exempting the Alaska Seafood Marketing Institute from the State Procurement Code" pass the Senate?" The roll was taken with the following result: 1995-05-11 Senate Journal Page 1752 HB 116 CSHB 116(L&C) Third Reading - Final Passage YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Salo, Taylor, Torgerson, Zharoff Nays: Adams, R.Phillips, Sharp Excused: Donley and so, CS FOR HOUSE BILL NO. 116(L&C) passed the Senate. Senator Sharp gave notice of reconsideration. HB 159 SENATE CS FOR CS FOR HOUSE BILL NO. 159(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 159(FIN) "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" pass the Senate?" The roll was taken with the following result: SCS CSHB 159(FIN) Third Reading - Final Passage YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Donley and so, SENATE CS FOR CS FOR HOUSE BILL NO. 159(FIN) passed the Senate. 1995-05-11 Senate Journal Page 1753 HB 159 Senator Halford moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SCS CSHB 159(FIN) Effective Date Vote YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Donley and so, the effective date clause failed. Senator Duncan gave notice of reconsideration. Senators Halford, Kelly, Leman, Green, Torgerson, Pearce moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. HB 182 CS FOR HOUSE BILL NO. 182(HES) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 182(HES) "An Act allowing a dentist to delegate certain duties to a dental assistant" pass the Senate?" The roll was taken with the following result: CSHB 182(HES) Third Reading - Final Passage YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Halford, R.Phillips 1995-05-11 Senate Journal Page 1754 HB 182 Excused: Donley and so, CS FOR HOUSE BILL NO. 182(HES) passed the Senate. Senator Halford gave notice of reconsideration. HB 287 HOUSE BILL NO. 287 was read the third time. The question being: "Shall HOUSE BILL NO. 287 "An Act relating to outdoor advertising on trash receptacles and restrictions on outdoor advertising" pass the Senate?" The roll was taken with the following result: HB 287 Third Reading - Final Passage YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Kelly, Leman, Miller, Pearce, R.Phillips, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Halford, Hoffman, Lincoln, Rieger, Salo, Zharoff Excused: Donley and so, HOUSE BILL NO. 287 failed. Senator Pearce gave notice of reconsideration. HB 288 CS FOR HOUSE BILL NO. 288(L&C) am S "An Act relating to procurement preferences and authorizing certain state real property lease extensions; and providing for an effective date" was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 288(L&C) am S "An Act relating to procurement preferences and authorizing certain state real property lease extensions; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1995-05-11 Senate Journal Page 1755 HB 288 CSHB 288(L&C) am S Third Reading - Final Passage Effective Date YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Halford, Hoffman, Lincoln, R.Phillips, Salo, Zharoff Excused: Donley Adams changed from "Yea" to "Nay". Lincoln changed from "Yea" to "Nay". Salo changed from "Yea" to "Nay". and so, CS FOR HOUSE BILL NO. 288(L&C) am S failed. Senator Frank gave notice of reconsideration. SENATE BILLS IN THIRD READING SB 121 SENATE BILL NO. 121 "An Act making an appropriation for deferred maintenance for the University of Alaska; and providing for an effective date" was before the Senate in third reading on reconsideration. Senator Halford moved and asked unanimous consent that the bill be held to the May 12 calendar. Without objection, it was so ordered. HOUSE BILLS IN THIRD READING HB 197 SENATE CS FOR CS FOR HOUSE BILL NO. 197(FIN) "An Act providing for exploration incentive credits for activities involving locatable and leasable mineral and coal deposits on certain land in the state; and providing for an effective date" was before the Senate in third reading on reconsideration. 1995-05-11 Senate Journal Page 1756 HB 197 Senator Halford moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Senator Ellis 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 197(FIN) Return to Second for Specific Amendment YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Nays: Ellis, Salo Excused: Donley and so, the bill was returned to second reading. Senator Halford offered Amendment No. 2 : Page 9, following line 5: Insert a new bill section to read: "* Sec. 2. AS38.05.150(d) is amended to read: (d) For the privilege of mining or extracting the coal in the land covered by the lease, the lessee (1) shall pay to the state the royalties specified in the lease; the [. THE] royalties shall be fixed before offering the lease, and shall be effective for a period of not more than 20 years; the [. THE] royalties shall be not less than five cents a ton of 2,000 pounds; the royalty payment is subject to the exploration incentive credit authorized by AS27.30; (2) [. THE LESSEE] shall also pay an annual rental, payable at the date of the lease and annually thereafter, on the land or coal deposits covered by the lease, at a rate fixed by the commissioner before offering the lease; the [. THE] annual rental shall be effective for a 1995-05-11 Senate Journal Page 1757 HB 197 period of not more than 20 years; the [. THE] annual rental shall be not less than 25 cents an acre for the first year of the lease, not less than 50 cents an acre for the second year, third year, fourth year and fifth year, and not less than $1 an acre for each year thereafter during the continuance of the lease; the [. THE] rental for each year shall be credited against the royalties as they accrue for that year; each [. EACH] lease shall provide that the annual rental payment is subject to adjustment at intervals of no more than 20 years and adjustments shall be based on the current rates for properties similarly situated." Renumber the following bill sections accordingly. Senator Halford moved for the adoption of Amendment No. 2. Senator Ellis objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 197(FIN) Second Reading Amendment No. 2 YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Miller, Pearce, R.Phillips, Sharp, Taylor, Torgerson, Zharoff Nays: Ellis, Lincoln, Rieger, Salo Excused: Donley and so, Amendment No. 2 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 197(FIN) am S was automatically in third reading. 1995-05-11 Senate Journal Page 1758 HB 197 The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 197(FIN) am S "An Act providing for exploration incentive credits for activities involving locatable and leasable mineral and coal deposits on certain land in the state; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 197(FIN) am S Third Reading - On Reconsideration Effective Date YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Nays: Ellis, Salo Excused: Donley and so, SENATE CS FOR CS FOR HOUSE BILL NO. 197(FIN) passed the Senate on reconsideration. Senator Halford 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. Senators Kelly, Torgerson, Green, Leman, Miller, Taylor, Sharp, Frank, Halford moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. HB 315 CS FOR HOUSE BILL NO. 315(FIN) was before the Senate in third reading on reconsideration. 1995-05-11 Senate Journal Page 1759 HB 315 The question to be reconsidered: "Shall CS FOR HOUSE BILL NO. 315(FIN) "An Act relating to the Alaska Science and Technology Foundation and to the financing of technological developments by public corporations of the state; relating to the financing of the Kodiak launch complex, the Fairbanks satellite ground station space park, and a low-rank coal water fuel technology project; and relating to a feasibility study to be conducted concerning the establishment of a Challenger Learning Center for the study of science and technology" pass the Senate?" The roll was taken with the following result: CSHB 315(FIN) Third Reading - On Reconsideration YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Hoffman, Leman, Lincoln, Miller, Pearce, Rieger, Salo, Taylor, Torgerson, Zharoff Nays: Halford, Kelly, R.Phillips, Sharp Excused: Donley Sharp changed from "Yea" to "Nay". and so, CS FOR HOUSE BILL NO. 315(FIN) passed the Senate on reconsideration and was signed by the President and Secretary and returned to the House. SECOND READING OF HOUSE RESOLUTIONS HJR 9 CS FOR HOUSE JOINT RESOLUTION NO. 9(JUD) Requesting the governor to file suit in the United States Supreme Court against the United States government alleging violations of the civil rights of Americans listed as prisoners of war or missing in action in Southeast Asia, demanding that documents concerning these individuals be released; and requesting the other states to join in this suit, was read the second time. Senator Halford moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Objections were heard. 1995-05-11 Senate Journal Page 1760 HJR 9 The question being: "Shall the resolution be advanced to third reading?" The roll was taken with the following result: CSHJR 9(JUD) Advance from Second to Third Reading? YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Zharoff Excused: Donley and so, the resolution failed to advance to third reading. CS FOR HOUSE JOINT RESOLUTION NO. 9(JUD) will appear on the May 12 calendar. HJR 44 HOUSE JOINT RESOLUTION NO. 44 Proposing postage stamps honoring wild Alaska salmon and centuries of continued use of wild Alaska salmon for subsistence, sport, and commercial fish harvesters, was read the second time. Senator Halford moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE JOINT RESOLUTION NO. 44 was read the third time. Senators Pearce, Kelly, Leman, Taylor, Green, Torgerson, Rieger, Salo, Duncan, Hoffman, Zharoff, Lincoln, Phillips moved and asked unanimous consent that they be shown as cross sponsors on the resolution. Without objection, it was so ordered. The question being: "Shall HOUSE JOINT RESOLUTION NO. 44 Proposing postage stamps honoring wild Alaska salmon and centuries of continued use of wild Alaska salmon for subsistence, sport, and commercial fish harvesters, pass the Senate?" The roll was taken with the following result: 1995-05-11 Senate Journal Page 1761 HJR 44 HJR 44 Third Reading - Final Passage YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Pearce, R.Phillips, Rieger, Salo, Taylor, Torgerson, Zharoff Nays: Miller, Sharp Excused: Donley and so, HOUSE JOINT RESOLUTION NO. 44 passed the Senate. Senator Sharp gave notice of reconsideration. CITATIONS Honoring - Lower Kuskokwim School District Native Olympians Senator(s) Hoffman, Adams, Pearce, Lincoln, Kelly, Leman, Taylor Representative(s) Ivan, Foster Honoring - Teri and John Demott, Random Acts of Love, Inc. Representative(s) Kott Senator(s) Pearce, Lincoln, Leman, Taylor, Halford Honoring - Chugiak Mustangs Bantam "C" Hockey Team Senator(s) Phillips, Halford, Pearce, Lincoln, Kelly, Leman, Taylor Representative(s) Willis, Kohring, Kott Honoring - The Village of Allakaket, The Village of Alatna, The Village of Hughes Senator(s) Lincoln, Pearce, Adams, Hoffman, Zharoff, Taylor, Kelly, Leman Representative(s) Nicholia Honoring - Audrey Smith Senator(s) Adams, Hoffman, Zharoff, Taylor, Lincoln, Kelly, Leman 1995-05-11 Senate Journal Page 1762 Honoring - Lake and Peninsula, Aleutians East, Pribilof Islands and Bristol Bay Native Youth Olympians Senator(s) Hoffman, Pearce, Zharoff, Taylor, Lincoln, Halford, Kelly, Leman Honoring - Dillingham and Southwest Region Native Youth Olympians Senator(s) Hoffman, Pearce, Adams, Zharoff, Taylor, Lincoln, Kelly, Leman, Halford Honoring - Mark Leary, Secondary Social Studies Teacher of the Year Senator(s) Lincoln, Pearce, Hoffman, Zharoff, Taylor, Kelly, Salo, Ellis, Leman Representative(s) Nicholia Honoring - Alaska Federation of Business and Professional Women, 50th Anniversary Representative(s) B. Davis Senator(s) Kelly, Pearce, Zharoff, Taylor, Salo, Ellis, Phillips, Leman, Lincoln In Memoriam - James Frederick Wolf Senator(s) Halford, Green, Pearce, Zharoff, Taylor, Lincoln, Kelly, Leman In Memoriam - John Parks Senator(s) Ellis, Phillips, Hoffman, Zharoff, Taylor, Lincoln, Kelly, Leman Representative(s) B. Davis, Brown, Finkelstein In Memoriam - Sophia Lincoln Senator(s) Lincoln, Hoffman, Zharoff, Taylor, Kelly, Salo, Ellis, Leman Representative(s) Nicholia In Memoriam - Charlie Biederman Representative(s) Nicholia Senator(s) Lincoln, Adams, Zharoff, Taylor, Kelly, Leman, Rieger 1995-05-11 Senate Journal Page 1763 In Memoriam - Patti L. Hyslop Representative(s) Nicholia Senator(s) Lincoln, Hoffman, Zharoff, Taylor, Kelly, Leman In Memoriam - Reubin Harrison Hendricks Jr. Representative(s) Kubina Senator(s) Lincoln, Hoffman, Zharoff, Taylor, Kelly 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. UNFINISHED BUSINESS RECONSIDERATION OF HOUSE BILLS HB 46 Senator Leman requested that the reconsideration on CS FOR HOUSE BILL NO. 46(STA) "An Act relating to the practice of architecture, engineering, and land surveying" be taken up at this time. CS FOR HOUSE BILL NO. 46(STA) was before the Senate on reconsideration. Senator Leman moved and asked unanimous consent that the reconsideration on CS FOR HOUSE BILL NO. 46(STA) be held to the May 13 calendar. Without objection, it was so ordered. HB 119 Senator Halford, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on HOUSE BILL NO. 119 "An Act exempting schools from certain fees charged by the Department of Environmental Conservation; and providing for an effective date." Without objection, it was so ordered. 1995-05-11 Senate Journal Page 1764 SR 4 The reconsideration on SENATE RESOLUTION NO. 4 Requesting the Congress to clarify that the Reindeer Industry Act of 1937 no longer applies in the State of Alaska, was not taken up this legislative day and the resolution was referred to the Secretary for engrossment and enrollment. SCR 13 Memorandum dated May 10 from Division of Legal Services, Legislative Affairs Agency: In accordance with Rule 43 of the Uniform Rules, I am reporting the following manifest errors that occurred in 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, and that have been corrected in enrolling: Page 2, line 6: Delete "(District 12-A)" and insert "(District 12-A, 15)" Page 2, line 25: Delete "(District E, F-B)" and insert "(District E-B, F-B)" Page 3, line 10: Delete "(District 16)" and insert "(District 16-A)" Page 4, line 13: Delete "(District 11)" and insert "(District 11-B)" Page 4, line 15: Delete "(District 4-B)" and insert "(District 3, 4-B)" ENGROSSMENT HB 197 SENATE CS FOR CS FOR HOUSE BILL NO. 197(FIN) am S "An Act providing for exploration incentive credits for activities involving locatable and leasable mineral and coal deposits on certain land in the state; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. 1995-05-11 Senate Journal Page 1765 ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 4:00 p.m., May 12, 1995. Without objection, the Senate adjourned at 1:21 a.m. Nancy Quinto Secretary of the Senate May 1995 1995-05-11 Senate Journal Page 1766 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 532 MAY 11 THURSDAY 8:00 AM HB 207 ADJUSTMENTS TO OIL AND GAS ROYALTIES MAY 11 THURSDAY 12:00 PM HB 268 APPROP: FY 96 CAPITAL PROJECTS BUDGET MAY 11 THURSDAY 5:00 PM HB 268 APPROP: FY 96 CAPITAL PROJECTS BUDGET MAY 11 THURSDAY 9:10 PM HB 207 ADJUSTMENTS TO OIL AND GAS ROYALTIES MAY 12 FRIDAY 1:00 PM HB 286 CRUISE SHIP GAMBLING & PROMOTIONS ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAY 11 THURSDAY 4:00 PM BILLS PREVIOUSLY HEARD HB 292 FISH & GAME ENFORCEMENT HB 48 MOTORCYCLE HELMET STANDARDS ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAY 12 FRIDAY 1:20 AM HB 328 DISCOUNT FOR STATE MUSEUM VISIT BY GROUPS HB 124 ABOLISH BD OF NURSING HOME ADMINISTRATORS HJR 42 WATER CARRIERS SERVING ALASKA HB 10 PAYMENT OF COSTS OF DWI ACCIDENTS <PENDING REFERRAL> HB 87 AUTHORIZING YOUTH COURTS HB 119 EXEMPT SCHOOLS FROM CERTAIN DEC FEES 1995-05-11 Senate Journal Page 1767 STATE AFFAIRS BELTZ ROOM 211 MAY 11 THURSDAY 3:30 PM -- AGENDA TO BE ANNOUNCED -- JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 MAY 11 THURSDAY 9:00 AM REVIEW OF AUDIT REQUESTS, RPLS, DISCUSSION OF DRAFT BILL REPEALING MERGER OF AHFC, DCRA, AND ASHA HOUSING PROGRAMS ---------------------------------------- CONFERENCE COMMITTEE ON SB 123 MAY 11 THURSDAY 8:10 PM CONFERENCE COMMITTEE ON SB 123 ---------------------------------------- CONFERENCE COMMITTEE ON HB 78 MAY 11 THURSDAY 8:10 PM CONFERENCE COMMITTEE ON HB 78 ---------------------------------------- CONFERENCE COMMITTEE ON HB 100 SENATE FINANCE 532 MAY 11 THURSDAY 2:00 PM CONFERENCE COMMITTEE ON HB 100 OTHER COMMITTEES MAJORITY CAUCUS BUTROVICH ROOM 205 MAY 11 THURSDAY 10:00 AM MAJORITY CAUCUS MAY 12 FRIDAY 3:00 PM MAJORITY CAUCUS