Legislature(1995 - 1996)
1995-05-13 Senate Journal
Full Journal pdf1995-05-13 Senate Journal Page 1795 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Saturday May 13, 1995 One Hundred Eighteenth Day Pursuant to adjournment the Senate was called to order by President Pearce at 8:26 p.m. The roll showed eleven members present. Senators Adams, Donley, Ellis, Frank, Halford, Hoffman, Lincoln, Salo, Zharoff were absent. The prayer was offered by the Chaplain, Senator Green. Senator Leman led the Senate in the pledge of allegiance. The presence of Senators Adams, Hoffman, Salo, Zharoff was noted. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundred seventeenth legislative day be approved as certified by the Secretary. Senator Duncan called the Senate. The call was satisfied. Without objection, the journal was approved as certified. MESSAGES FROM THE HOUSE SB 25 Message of May 13 was read, stating the House passed and returned: SENATE BILL NO. 25 "An Act repealing vegetable dealer licensing and regulation." The bill was referred to the Secretary for enrollment. 1795 1995-05-13 Senate Journal Page 1796 SB 58 Message of May 13 was read, stating the House passed and returned: SENATE BILL NO. 58 am "An Act restricting the use of the title `industrial hygienist' and related titles and initials." The bill was referred to the Secretary for enrollment. HB 159 Message of May 13 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 159(JUD), thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 159(FIN)(efd fld S) "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." SB 122 Message of May 13 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 122(JUD) with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 122(STA) am H "An Act excluding certain direct sellers of consumer products from coverage under the state unemployment compensation laws." Senator Halford moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments to CS FOR SENATE BILL NO. 122(JUD)?" The roll was taken with the following result: 1995-05-13 Senate Journal Page 1797 SB 122 HCS CSSB 122(STA) am H Shall the Senate concur in the House amendments to CSSB 122(JUD)? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, the Senate concurred in the House amendments, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 122(STA) am H "An Act excluding certain direct sellers of consumer products from coverage under the state unemployment compensation laws." The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 122(STA) am H was referred to the Secretary for enrollment. SB 87 Senator Halford moved that the Senate rescind its previous action in failing to concur in the House amendment to CS FOR SENATE BILL NO. 87(FIN) "An Act relating to the membership of the Alcoholic Beverage Control Board; relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; prohibiting persons from being on premises involving alcoholic beverages under certain circumstances; relating to the definition of `alcoholic beverage'; relating to purchase and sale of alcoholic beverages; relating to alcohol server education courses; and providing for an effective date." Senator Donley objected. The question being: "Shall the Senate rescind its previous action in failing to adopt the House amendment to CS FOR SENATE BILL NO. 87(FIN)?" The roll was taken with the following result: 1995-05-13 Senate Journal Page 1798 SB 87 HCS CSSB 87(JUD) Shall the Senate Rescind its previous action in failing to concur in the House amendment to CSSB 87(FIN)? YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, R.Phillips, Rieger, Salo, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Frank, Pearce, Sharp 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. 87(FIN)?" The roll was taken with the following result: HCS CSSB 87(JUD) Shall the Senate concur in the House amendment to CSSB 87(FIN)? Effective Date YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, R.Phillips, Rieger, Salo, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Frank, Pearce, Sharp and so, the Senate concurred in the House amendment, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 87(JUD) "An Act relating to the membership of the Alcoholic Beverage Control Board; relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; prohibiting persons from being on premises involving alcoholic beverages under certain circumstances; relating to the definition of 'alcoholic beverage'; relating to purchase and sale of alcoholic beverages; relating to alcohol server education courses; and providing for an effective date." 1995-05-13 Senate Journal Page 1799 SB 87 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. The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 87(JUD) was referred to the Secretary for enrollment. STANDING COMMITTEE REPORTS HJR 48 The State Affairs Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 48(RES) Requesting that the Federal Subsistence Board not adopt the proposed subsistence moose hunting regulations for the Kenai Peninsula, and refrain, until January 1, 1997, from adopting federal regulations that would grant subsistence preferences for fish or game or changing any customary and traditional use determinations. Signing do pass: Senator Sharp, Chair, Senator Phillips. Signing no recommendation: Senator Leman. Previous House zero fiscal note. Senator Salo moved and asked unanimous consent that she be shown as a cross sponsor on the resolution. Without objection, it was so ordered. The resolution was referred to the Rules Committee. HB 122 The Finance Committee considered CS FOR HOUSE BILL NO. 122(FIN) "An Act imposing a reporting requirement on certain sales, transfers, and consumption or uses of motor fuel, increasing the motor fuel tax on motor fuel used in and on watercraft, and authorizing payment of a portion of that tax as refunds to municipalities; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 122(FIN) 1995-05-13 Senate Journal Page 1800 HB 122 Signing no recommendation: Senators Frank, Halford, Cochairs, Senators Donley, Zharoff. Signing do not pass: Senator Phillips. Signing do pass: Senators Rieger, Sharp. Fiscal note published today from Department of Revenue. The bill was referred to the Rules Committee. HB 120 The Rules Committee considered CS FOR HOUSE BILL NO. 120(FIN) "An Act relating to public employers defending and indemnifying public employees and former public employees with respect to claims arising out of conduct that is within the scope of employment." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. The bill is on today's calendar. HB 201 The Rules 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 to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. The bill is on today's calendar. HB 268 The Rules Committee considered CS FOR HOUSE BILL NO. 268(FIN) "An Act making and amending appropriations; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Signing under other recommendations: Senator Salo. The bill is on today's calendar. 1995-05-13 Senate Journal Page 1801 SPECIAL COMMITTEE REPORTS HCR 21 HOUSE CONCURRENT RESOLUTION NO. 21 Suspending Uniform Rule 42(e) of the Alaska State Legislature concerning House Bill No. 9, relating to recovery of damages from persons 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, which had been held in second reading (page 1782) was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 21 Suspending Uniform Rule 42(e) of the Alaska State Legislature concerning House Bill No. 9, relating to recovery of damages from persons 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, pass the Senate?" The roll was taken with the following result: HCR 21 Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, HOUSE CONCURRENT RESOLUTION NO. 21 passed the Senate, was signed by the President and Secretary and returned to the House. HB 9 The following report was received and distributed at 11:00 a.m., May 12, 1995. May 12, 1995 Madam President: Madam Speaker: 1995-05-13 Senate Journal Page 1802 HB 9 The CONFERENCE COMMITTEE with limited powers of free conference considered CS FOR HOUSE BILL NO. 9(FIN) "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" and SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S and recommends CONFERENCE CS FOR HOUSE BILL NO. 9 "An Act relating to recovery of damages from a parent, legal guardian, or 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." (title change authorized by HOUSE CONCURRENT RESOLUTION NO. 21) be adopted. Previous House and Senate fiscal notes. Signing the report: Senator Taylor, Chair, Senators Sharp, Salo, Representative Therriault, Chair, Representatives Parnell, Robinson. Senator Halford moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 9. The question being: "Shall CONFERENCE CS FOR HOUSE BILL NO. 9 pass the Senate?" The roll was taken with the following result: Conference CS for HB 9 Adopt Conference Committee Report? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff 1995-05-13 Senate Journal Page 1803 HB 9 and so, CONFERENCE CS FOR HOUSE BILL NO. 9 "An Act relating to recovery of damages from a parent, legal guardian, or 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" passed the Senate. The Secretary was requested to notify the House. HB 100 The following report was received and distributed at 5:25 p.m., May 13, 1995. May 13, 1995 Madam President: Madam Speaker: The CONFERENCE COMMITTEE with limited powers of free conference considered CS FOR HOUSE BILL NO. 100(FIN) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" and SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) am S (efd/brf super maj fld S) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund" and recommends CONFERENCE CS FOR HOUSE BILL NO. 100 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." be adopted. 1995-05-13 Senate Journal Page 1804 HB 100 Signing the report: Senator Frank, Chair, Senators Halford, Zharoff, Representative Hanley, Chair, Representatives Foster, Grussendorf. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 182 SENATE BILL NO. 182 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to elections; relating to the division of elections; relating to voter registration procedures; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. Zero fiscal note published today from Office of the Governor. Governor's transmittal letter dated May 12: Dear President Pearce: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that implements most of the proposals contained in my Administration's Election Policy Transition Team Report that require changes to existing law. In addition, the bill makes some changes to state law that are required by federal statutes and makes a number of "housekeeping" amendments that the division of elections has recommended. It is apparent that the state needs to adjust elections policies and procedures in an effort to boost public confidence that Alaska elections are conducted fairly and efficiently. One of Lieutenant Governor Ulmer's first acts was to appoint a panel of respected Alaskans (the Election Policy Transition Team), most of whom have expertise in the area of elections, to look into state elections policies and to make recommendations for change. In deciding whether a change is warranted, the transition team was requested to ask the following questions about the change: 1995-05-13 Senate Journal Page 1805 SB 182 - Does it increase public trust? - Does it provide better service to the public? -Does it encourage participation in the electoral process? - Does it reduce state spending? On March20, 1995, the lieutenant governor released the report of the panel to the public. The report is a thorough and thoughtful document, and contains many excellent suggestions for improving elections policy. Several important recommendations were included in SB 5, which recently passed the legislature. I am pleased to be able to transmit this bill, which implements the rest of those suggestions. Section 13 of the bill simplifies the process of absentee voting by personal representative for a voter with a disability, a process that is currently very burdensome for both the voter and the personal representative and that discourages this sort of absentee voting. A personal representative now must make several trips between the voter and election officials in order for a voter with a disability to use this method of voting. Section13 would streamline the procedure, allowing the personal representative to accomplish in a single round trip all of the steps necessary to allow a voter with a disability to vote. In addition, sec. 13 of the bill makes several changes required by federal law. It removes the current prohibition on a candidate acting as a personal representative, and it adds a provision prohibiting a voter's employer, an agent of the employer, or an officer or agent of the voter's union, from acting as the voter's personal representative. It also removes the current requirement that a voter's ballot application under this section be accompanied by a letter or statement regarding the voter's disability from a physician or from two qualified voters. Instead, the voter's personal representative will supply a statement regarding the voter's disability. 1995-05-13 Senate Journal Page 1806 SB 182 Sections 30 and 31 of the bill double the fees that must be paid by candidates and parties filing material for inclusion in the official election pamphlet. These fees have not been changed since 1980. Even with the doubled fees, the cost of producing the pamphlet will be approximately 10 times the amount collected in fees. Section 32 repeals a provision (AS15.05.040), enacted in 1960 and not changed since, regarding voter disqualification for unsound mind. That provision is inconsistent with the federal Americans with Disabilities Act and with state statutes on guardianship. Section 33 of the bill authorizes a pilot program for voting by mail, in the 1996 primary and general elections, in small rural precincts (those with no more than 200 registered voters). Under current law, the elections director may conduct an election by mail only if the election is held at a time other than when a primary, general, or municipal election is held. Based on the experience of other states that have used mail balloting, the transition team believes that allowing voting by mail in rural precincts will increase turnout, save money, and eliminate operational problems. Section 33 of the bill authorizes the director to conduct this voluntary pilot program in the 1996 primary and general elections in no more than 10 precincts, to test the application of this program in Alaska. The remaining sections of the bill, except for the effective date section, were recommended by the division of elections either to conform the elections statutes to current practices or to enable the division to conduct elections more efficiently and effectively. Representatives of my Administration will be available as the bill makes its way through the legislative process to explain what the provisions of this bill would accomplish, how they change existing law, and why the changes are necessary. I would appreciate your assistance in facilitating the consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor 1995-05-13 Senate Journal Page 1807 CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 87 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" 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. Without objection, it was so ordered. HOUSE BILL NO. 87 am was read the third time. Senators Hoffman, Ellis, Lincoln, Salo, Pearce, Duncan, Zharoff, Kelly 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 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" pass the Senate?" The roll was taken with the following result: 1995-05-13 Senate Journal Page 1808 HB 87 HB 87 am Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, HOUSE BILL NO. 87 am passed the Senate, was signed by the President and Secretary and returned to the House. HB 119 HOUSE BILL NO. 119 "An Act exempting schools from certain fees charged by the Department of Environmental Conservation; and providing for an effective date" was read the second time. Senator Adams offered Amendment No. 1 : Page 1, line 9, after "AS14.03.070": Insert ", or a head start center that receives federal financial assistance under 42 U.S.C. 9835" Senator Adams moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Halford moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 119 am S was read the third time. The question being: "Shall HOUSE BILL NO. 119 am S "An Act exempting schools from certain fees charged by the Department of Environmental Conservation; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1995-05-13 Senate Journal Page 1809 HB 119 and so, HOUSE BILL NO. 119 am S passed the Senate. HB 119 am S Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, HOUSE BILL NO. 119 am S 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 and the bill was referred to the Secretary for engrossment. HB 120 CS FOR HOUSE BILL NO. 120(FIN) "An Act relating to public employers defending and indemnifying public employees and former public employees with respect to claims arising out of conduct that is within the scope of employment" 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. Senator Duncan objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: 1995-05-13 Senate Journal Page 1810 HB 120 CSHB 120(FIN) Advance from Second to Third Reading? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, the bill failed to advance to third reading. Senators Kelly, Duncan moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 120(FIN) will appear on the May 15 calendar. HB 124 CS FOR HOUSE BILL NO. 124(FIN) "An Act transferring the regulation of nursing home administrators to the Department of Commerce and Economic Development; abolishing the Board of Nursing Home Administrators; clarifying the conditions under which a nursing home administrator license may be denied; 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. Senator Duncan objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: 1995-05-13 Senate Journal Page 1811 HB 124 CSHB 124(FIN) Advance from Second to Third Reading? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, the bill failed to advance to third reading. CS FOR HOUSE BILL NO. 124(FIN) will appear on the May 15 calendar. HB 180 HOUSE BILL NO. 180 "An Act relating to liquor licenses issued to a hotel, motel, resort, or similar establishment; and providing for an effective date" was read the second time. Senator Torgerson moved and asked unanimous consent for the adoption of the Community and Regional Affairs Senate Committee Substitute offered on page 1025. Senator Duncan objected, then withdrew his objection. There being no further objections, SENATE CS FOR HOUSE BILL NO. 180(CRA) was adopted and was read the second time. Senator Donley offered Amendment No. 1 : Page 1, after line 3: Insert a new bill section to read: "* Section 1. AS 04.06.100 is amended by adding a new subsection to read: (c) The board may not adopt a regulation that discriminates between liquor licenses issued to a hotel, motel, resort, or similar business as to hours during which a licensee may offer live entertainment. In this subsection, "similar business" includes a restaurant or eating place." 1995-05-13 Senate Journal Page 1812 HB 180 Page 1, line 4: Delete "* Section 1." Insert "* Sec. 2." Renumber the following bill section accordingly. Senator Donley moved for the adoption of Amendment No. 1. Senator Torgerson objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCSHB 180(CRA) Second Reading Amendment No. 1 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Lincoln, Pearce, R.Phillips, Rieger, Salo, Zharoff Nays: Adams, Green, Hoffman, Kelly, Leman, Miller, Sharp, Taylor, Torgerson and so, 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: 1995-05-13 Senate Journal Page 1813 HB 180 SCSHB 180(CRA) am S Advance from Second to Third Reading? YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Miller, Pearce, R.Phillips, Rieger, Sharp, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Leman, Lincoln, Salo, Taylor, Zharoff and so, the bill failed to advance to third reading. SENATE CS FOR HOUSE BILL NO. 180(CRA) am S will appear on the May 15 calendar. HB 200 HOUSE BILL NO. 200 "An Act reassigning responsibility for the custody of persons pending their arraignments, commitment to the custody of the commissioner of corrections, or admission to a state correctional facility, and authorizing the commissioner of corrections to employ guards for emergencies on the same basis as the commissioner of public safety, as partially exempt service employees; and providing for an effective date" 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. Senator Duncan objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: 1995-05-13 Senate Journal Page 1814 HB 200 HB 200 Advance from Second to Third Reading? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, the bill failed to advance to third reading. HOUSE BILL NO. 200 will appear on the May 15 calendar. HB 201 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" 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. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 201(FIN) am was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: 1995-05-13 Senate Journal Page 1815 HB 201 CSHB 201(FIN) am Third Reading - Final Passage Effective Date Court Rule Changes YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Hoffman and so, CS FOR HOUSE BILL NO. 201(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 and the Court Rule changes. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. The Senate stood at ease at 10:05 p.m. The Senate reconvened at 10:52 p.m. HB 207 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" was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1741. Senator Duncan objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) was adopted and read the second time. Senator Salo offered Amendment No. 1 : 1995-05-13 Senate Journal Page 1816 HB 207 Page 2, lines 8 and 9: Delete "after the effective date of this Act and not later than July1, 2000," Senator Salo moved for the adoption of Amendment No. 1. Senator Sharp objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 207(FIN) Second Reading Amendment No. 1 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson and so, Amendment No. 1 failed. Amendment No. 2 was not offered. Senator Rieger offered Amendment No. 3 : Page 2, line 9: Delete "2000" Insert "2015, so long as the authority to modify royalty under this subparagraph has been authorized or reauthorized by law within the five years preceding the commissioner's action to modify the royalty," Senator Rieger moved for the adoption of Amendment No. 3. Senator Duncan objected. Senators Lincoln, Pearce, Rieger moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest. Objections were heard. 1995-05-13 Senate Journal Page 1817 HB 207 Senator Duncan offered the following amendment to Amendment No. 3: Line 3, after 2015: Delete all remaining language. Senator Duncan moved for the adoption of the amendment to Amendment No. 3. Senator Halford objected. The question being: "Shall the amendment to Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSHB 207(FIN) Second Reading Amendment to Amendment No. 3 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson and so, the amendment to Amendment No. 3 was not adopted. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSHB 207(FIN) Second Reading Amendment No. 3 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, Amendment No. 3 was adopted. 1995-05-13 Senate Journal Page 1818 HB 207 Senator Taylor offered Amendment No. 4 : Page 7, lines 3 and 4: Delete ", as to the lessee or lessees applying for the royalty modification," Senator Taylor moved for the adoption of Amendment No. 4. Senator Ellis objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: SCS CSHB 207(FIN) am S Second Reading Amendment No. 4 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Kelly, Lincoln, Miller, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Frank, Green, Halford, Hoffman, Leman, Pearce, R.Phillips, Rieger Green changed from "Yea" to "Nay". Hoffman changed from "Yea" to "Nay". and so, Amendment No. 4 failed. Senators Leman, Rieger offered Amendment No. 5 : Page 3, lines 13 and 14: Delete "negative risks" Insert "potential revenue losses" Senator Leman moved for the adoption of Amendment No. 5. Without objection, Amendment No. 5 was adopted. Senator Leman, Lincoln offered Amendment No. 6 : 1995-05-13 Senate Journal Page 1819 HB 207 Page 2, line 4: After "royalty" Insert ", to allow for production that would not otherwise be economically feasible," Page 2, lines 16 - 17: After "increase" Delete [such that ... feasible] Page 2, line 18 - 19: After "gas" Delete [that would ... feasible] Senator Lincoln moved for the adoption of Amendment No. 6. Without objection, Amendment No. 6 was adopted. Senator Lincoln offered Amendment No. 7 : Page 4, line 16, after "data": Delete "shall" Insert "may" Senator Lincoln moved for the adoption of Amendment No. 7. Objections were heard. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: SCS CSHB 207(FIN) am S Second Reading Amendment No. 7 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Hoffman, Lincoln, Salo, Zharoff Nays: Donley, Ellis, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson and so, Amendment No. 7 failed. 1995-05-13 Senate Journal Page 1820 HB 207 Senator Leman offered Amendment No. 8 : Page 8, line 11: Delete "communication" Insert "communization" Senator Leman moved for the adoption of Amendment No. 8. Senator Duncan objected, then withdrew his objection. There being no further objections, Amendment No. 8 was adopted. Senator Phillips offered Amendment No. 9 : Page 4, following line 1: Insert a new subparagraph to read: "(C) under this subsection unless the commissioner and the lessee or lessees applying for the royalty modification agree that the modification may take effect only if approved by the legislature under (12)(C) of this subsection and the commissioner first submits the modification under that provision;" Page 7, following line 4: Insert a new subparagraph to read: "(C) submit a final findings and determination approved by the governor under (B) of this paragraph to the legislature; the commissioner may not modify the royalty as set out in the final findings and determination without the prior approval of the legislature; the legislature may approve a royalty modification only by enacting legislation;" Reletter the following subparagraphs accordingly. Page 7, line 6: Delete "prepared under (B)" Insert "issued under (C)" Senator Phillips moved for the adoption of Amendment No. 9. Senator Kelly objected. 1995-05-13 Senate Journal Page 1821 HB 207 The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: SCS CSHB 207(FIN) am S Second Reading Amendment No. 9 YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Miller, R.Phillips Nays: Adams, Donley, Duncan, Ellis, Green, Hoffman, Kelly, Leman, Lincoln, Pearce, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, Amendment No. 9 failed. Senator Salo offered Amendment No. 10 : Page 4, lines 16 - 22: Delete "the confidential data shall be disclosed by the commissioner to legislators who sign an appropriate confidentiality agreement, to the legislative auditor, the director of the division of legislative finance, and the permanent employees of their respective divisions, and to agents or contractors of the legislative auditor or the legislative finance division director who are engaged under contract to evaluate the royalty modification;" Page 5, line 10, through line 19: Delete "concurrently with the issuance of the public notice, unless directed by the Legislative Budget and Audit Committee to do otherwise, make available copies of the commissioner's preliminary findings and determination on the royalty modification application and the supporting financial and technical data, including the work papers, analyses, and recommendations of any contractors retained under (7) of this subsection, to persons authorized under (6)(B) of this subsection to review the data; and (iii)" 1995-05-13 Senate Journal Page 1822 HB 207 Page 6, lines 2 - 10: Delete all material and insert: "(10) shall offer to appear before the Legislative Budget and Audit Committee to provide the committee a review of the commissioner's preliminary findings and determination on the royalty modification application; if the Legislative Budget and Audit Committee accepts the commissioner's offer, the committee shall give notice of the committee's meeting to all members of the legislature;" Senator Salo moved for the adoption of Amendment No. 10. Senator Sharp objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: SCS CSHB 207(FIN) am S Second Reading Amendment No. 10 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Taylor, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Torgerson and so, Amendment No. 10 failed. Senator Taylor moved and asked unanimous consent that the Senate rescind its previous action in failing to adopt Amendment No. 4. Senator Duncan objected, then withdrew his objection. Senator Ellis objected. The question being: "Shall the Senate rescind its previous action in failing to adopt Amendment No. 4?" The roll was taken with the following result: 1995-05-13 Senate Journal Page 1823 HB 207 SCS CSHB 207(FIN) am S Second Reading Rescind previous action in failing to adopt Amendment No. 4 YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Green, Halford, Hoffman, Kelly, Lincoln, Miller, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Frank, Leman, Pearce, R.Phillips and so, the Senate rescinded its previous action. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: SCS CSHB 207(FIN) am S Second Reading Amendment No. 4 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Hoffman, Kelly, Lincoln, Miller, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Frank, Green, Halford, Leman, Pearce, R.Phillips, Rieger and so, Amendment No. 4 was adopted. 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. SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) am S was read the third time. Senator Leman offered the following Letter of Intent: 1995-05-13 Senate Journal Page 1824 HB 207 Letter of Intent for SENATE CS for CS for HOUSE BILL NO. 207(FIN) am S It is the intent of the Legislature that the Department of Natural Resources evaluate in the findings and determination required for a royalty modification under AS 38.05.180(j), the following: a) the likelihood that the proposed royalty modification will result in incremental capital investment or other expenditures within the state, and the steps taken in conditioning the royalty modification to assure that anticipated investments or other expenditures within the state occur; b) the reasonably foreseeable effects of the proposed royalty modification on the employment of Alaskans and the use of in-state contractors and suppliers; and c) the reasonably foreseeable effects of the proposed royalty modification upon existing and potential new oil and gas exploration and development. The Governor's decision to approve a modification under AS 38.05.180(j) shall not be based on a consideration of these factors. However, the evaluation of these factors is to be made available to the public and to the Legislature. Senator Leman moved for the adoption of the Letter of Intent. Senator Salo objected. The question being: "Shall the Letter of Intent be adopted?" The roll was taken with the following result: SCS CSHB 207(FIN) am S Third Reading - Final Passage Adopt Letter of Intent? YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Green, Halford, Leman, Miller, Pearce, R.Phillips, Rieger Nays: Adams, Donley, Duncan, Ellis, Frank, Hoffman, Kelly, Lincoln, Salo, Sharp, Taylor, Torgerson, Zharoff 1995-05-13 Senate Journal Page 1825 HB 207 and so, the Letter of Intent failed. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) am S "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" pass the Senate?" The roll was taken with the following result: SCS CSHB 207(FIN) am S Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Salo, Taylor, Torgerson, Zharoff Nays: Ellis, Frank, Halford, R.Phillips, Sharp Halford changed from "Yea" to "Nay". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) am S 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 Frank gave notice of reconsideration. HB 268 CS FOR HOUSE BILL NO. 268(FIN) "An Act making and amending appropriations; and providing for an effective date" was read the second time. Senator Halford moved and asked unanimous consent that the bill be held in second reading to the next calendar. Without objection, it was so ordered. 1995-05-13 Senate Journal Page 1826 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 1784) with amendments pending was before the Senate. Senator Halford moved and asked unanimous consent that the bill be held to the next calendar. Without objection, it was so ordered. 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" which had been held in third reading on reconsideration (page 1784) was before the Senate. Senator Halford moved and asked unanimous consent that the reconsideration on the bill be held to the next calendar. Without objection, it was so ordered. HOUSE BILLS IN THIRD READING HB 46 CS FOR HOUSE BILL NO. 46(STA) "An Act relating to the practice of architecture, engineering, and land surveying" which had been held in third reading on reconsideration (page 1763) was before the Senate. Senator Leman moved and asked unanimous consent that the reconsideration on the bill be held to the next calendar. Without objection, it was so ordered. 1995-05-13 Senate Journal Page 1827 SECOND READING OF HOUSE RESOLUTIONS HJR 42 HOUSE JOINT RESOLUTION NO. 42 am Relating to regulation of water carriers serving Alaska, was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 1780. Without objection, SENATE CS FOR HOUSE JOINT RESOLUTION NO. 42(RLS) was adopted and 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. SENATE CS FOR HOUSE JOINT RESOLUTION NO. 42(RLS) was read the third time. The question being: "Shall SENATE CS FOR HOUSE JOINT RESOLUTION NO. 42(RLS) Relating to regulation of water carriers serving Alaska, pass the Senate?" The roll was taken with the following result: SCSHJR 42(RLS) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, SENATE CS FOR HOUSE JOINT RESOLUTION NO. 42(RLS) passed the Senate, and was referred to the Secretary for engrossment. HJR 25 CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 25(RES) Relating to a ban on trawling in the eastern Gulf of Alaska east of 140 degrees west longitude, was read the second time. 1995-05-13 Senate Journal Page 1828 HJR 25 Senator Halford moved and asked unanimous consent that CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 25(RES) be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 25(RES) was read the third time. The question being: "Shall CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 25(RES) Relating to a ban on trawling in the eastern Gulf of Alaska east of 140 degrees west longitude, pass the Senate?" The roll was taken with the following result: CS SSHJR 25(RES) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 25(RES) passed the Senate, was signed by the President and Secretary and returned to the House. THIRD 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 third time. 1995-05-13 Senate Journal Page 1829 HJR 9 The question being: "Shall 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, pass the Senate?" The roll was taken with the following result: CSHJR 9(JUD) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, CS FOR HOUSE JOINT RESOLUTION NO. 9(JUD) passed the Senate, was signed by the President and Secretary and returned to the House. CITATIONS Honoring - Kaltag 4-H Program Senator(s) Lincoln, Duncan, Taylor, Zharoff, Kelly, Pearce, Leman Representative(s) Nicholia Honoring - Alan Wood Representative(s) Ogan, Masek, Kohring Senator(s) Halford, Green, Duncan, Taylor, Zharoff, Kelly, Lincoln Honoring - Daniel Griswold, Eagle Scout Representative(s) Hanley Senator(s) Pearce, Duncan, Taylor, Ellis, Zharoff, Kelly, Leman, Lincoln, Donley, Rieger, Salo In Memoriam - Martha Johnson Representative(s) B. Davis Senator(s) Kelly, Duncan, Taylor, Zharoff, Pearce, Lincoln, Salo 1995-05-13 Senate Journal Page 1830 In Memoriam - Joseph Davis Representative(s) B. Davis; Senator(s) Kelly, Duncan, Taylor, Zharoff, Lincoln, Salo, Pearce, Taylor, Donley In Memoriam - Joseph John Representative(s) Nicholia Senator(s) Lincoln, Duncan, Taylor, Zharoff, Kelly In Memoriam - Flora Jane Harper Petri on the Occasion of the Dedication of the Harper Building Representative(s) Nicholia Senator(s) Lincoln, Duncan, Taylor, Zharoff, Kelly, Pearce In Memoriam - Mary TallMountain Representative(s) Nicholia Senator(s) Lincoln, Duncan, Taylor, Ellis, Zharoff, Kelly Honoring - Cordova Fire Department Senator(s) Lincoln, Duncan, Taylor, Zharoff, Kelly, Pearce, Leman, Donley Representative(s) Kubina Honoring - Maggie Carey, Bean's Cafe Senator(s) Ellis, Duncan, Taylor, Salo, Zharoff, Kelly, Pearce, Leman, Lincoln, Donley Representative(s) Finkelstein, Brown Honoring - Rebecca Short, Girl Scout Gold Award Representative(s) Grussendorf Senator(s) Taylor, Duncan, Salo, Zharoff, Kelly, Pearce, Leman, Lincoln Honoring - Tom and Sharol Snelling for Their Commitment to Public Safety Representative(s) Mulder, Kott Senator(s) Kelly, Duncan, Taylor, Phillips, Zharoff, Kelly, Pearce, Leman, Halford 1995-05-13 Senate Journal Page 1831 Honoring - Todd Palin and Dwayne Drake, 1995 Iron Dog Gold Rush Classic Winners Representative(s) Kohring, Ogan, Masek Senator(s) Halford, Green, Duncan, Taylor, Zharoff, Kelly, Pearce, Leman, Lincoln, Salo Honoring - Christine Jackson, Lisa Thompson, Girl Scout Gold Award Representative(s) Elton, Robinson Senator(s) Duncan, Taylor, Zharoff, Kelly, Pearce, Leman, Lincoln In Memoriam - Arthur M. "Art" Sanford Representative(s) Elton, Robinson Senator(s) Duncan, Taylor, Zharoff, Kelly, Lincoln, Halford Honoring - Janet Smalley, M.D. Representative(s) Ogan, Kohring, Masek Senator(s) Green, Halford, Duncan, Taylor, Zharoff, Kelly, Lincoln, Rieger Commemorating Alaska Tourism Week Representative(s) Robinson, Elton Senator(s) Duncan, Taylor, Salo, Ellis, Zharoff, Kelly, Pearce, Lincoln Honoring - Hayden Bryan Senator(s) Kelly, Pearce, Taylor, Donley, Leman, Duncan Representative(s) Mulder Honoring - Don Fix Senator(s) Kelly, Pearce, Taylor, Donley, Leman, Duncan Representative(s) Mulder Honoring - Steve Hyjek Senator(s) Kelly, Pearce, Taylor, Donley, Leman, Duncan Representative(s) Mulder Honoring - Eileen Plate Senator(s) Duncan, Kelly, Pearce, Taylor, Donley, Leman, Zharoff, Rieger Representative(s) Elton, Robinson 1995-05-13 Senate Journal Page 1832 Honoring - John Scruggs Senator(s) Kelly, Pearce, Taylor, Donley, Leman, Duncan Representative(s) Mulder Honoring - Centenarian Mae Nock Representative(s) Toohey Senator(s) Kelly, Pearce, Taylor, Donley, Leman, Lincoln, Duncan Honoring - North Star Volunteer Fire Department Representative(s) Vezey Senator(s) Miller, Kelly, Pearce, Taylor, Donley, Leman, Lincoln, Duncan, Halford Honoring - The Alaska Children's Choir Representative(s) B. Davis Senator(s) Kelly, Pearce, Taylor, Donley, Leman, Lincoln, Zharoff, Ellis, Duncan, Halford In Memoriam - Kay Frank Representative(s) Phillips Senator(s) Kelly, Pearce, Taylor, Leman, Halford, Duncan, Phillips In Memoriam - Edward J. Krize Representative(s) Vezey Senator(s) Sharp, Miller, Kelly, Pearce, Taylor, Lincoln, Zharoff, Duncan, Frank 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 HB 20 Senator Torgerson moved and asked unanimous consent that the reconsideration on 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" be held to the next calendar. Senator Duncan objected, then withdrew his objection. There being no further objections, it was so ordered. 1995-05-13 Senate Journal Page 1833 RECONSIDERATION OF HOUSE BILLS HB 287 Senator Miller requested that the reconsideration on HOUSE BILL NO. 287 "An Act relating to outdoor advertising on trash receptacles and restrictions on outdoor advertising" be taken up at this time. HOUSE BILL NO. 287 was before the Senate on reconsideration. The question to be reconsidered: "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 - On Reconsideration YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, HOUSE BILL NO. 287 passed the Senate on reconsideration and was signed by the President and Secretary and returned to the House. HB 288 Senator Miller requested that the reconsideration on 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" be taken up at this time. CS FOR HOUSE BILL NO. 288(L&C) am S was before the Senate on reconsideration. The question to be reconsidered: "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: 1995-05-13 Senate Journal Page 1834 HB 288 CSHB 288(L&C) am S Third Reading - On Reconsideration YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Taylor, Zharoff and so, CS FOR HOUSE BILL NO. 288(L&C) am S passed the Senate on reconsideration. 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: CSHB 288(L&C) am S Effective Date Vote YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Zharoff and so, the effective date clause failed. CS FOR HOUSE BILL NO. 288(L&C) am S(efd fld S) was referred to the Secretary for engrossment. 1995-05-13 Senate Journal Page 1835 HB 17 Senator Sharp requested that the reconsideration on 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" be taken up at this time. SENATE CS FOR CS FOR HOUSE BILL NO. 17(FIN) was before the Senate on reconsideration. The question to be reconsidered: "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 - On Reconsideration Effective Date YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Green, Halford, Kelly, Lincoln, Miller, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Hoffman, Leman, Pearce Zharoff changed from "Nay" to "Yea". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 17(FIN) passed the Senate on reconsideration. 1995-05-13 Senate Journal Page 1836 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 and the bill was referred to the Secretary for engrossment. HB 116 The reconsideration on CS FOR HOUSE BILL NO. 116(L&C) "An Act exempting the Alaska Seafood Marketing Institute from the State Procurement Code" was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT HJR 42 SENATE CS FOR HOUSE JOINT RESOLUTION NO. 42(RLS) Relating to regulation of water carriers serving Alaska, was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 17 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" was engrossed, signed by the President and Secretary and returned to the House for consideration. 1995-05-13 Senate Journal Page 1837 HB 119 HOUSE BILL NO. 119 am S "An Act exempting schools from certain fees charged by the Department of Environmental Conservation; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 288 CS FOR HOUSE BILL NO. 288(L&C) am S(efd fld S) "An Act relating to procurement preferences and authorizing certain state real property lease extensions" was engrossed, signed by the President and Secretary and returned 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 15, 1995. Without objection, the Senate adjourned at 1:30 a.m. Nancy Quinto Secretary of the Senate May 1995 1995-05-13 Senate Journal Page 1838 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 13 SATURDAY 0:00 AM TO MEET AT THE CALL OF THE CHAIR HB 269 TAX CREDIT: GIFTS TO PUBLIC BROADCASTING HB 10 PAYMENT OF COSTS OF DWI ACCIDENTS ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAY 13 SATURDAY 2:00 AM HB 292 FISH & GAME ENFORCEMENT HB 201 PRISONER LITIGATION AND APPEALS HB 48 MOTORCYCLE HELMET STANDARDS HB 268 APPROP: FY 96 CAPITAL PROJECTS BUDGET HB 10 PAYMENT OF COSTS OF DWI ACCIDENTS <PENDING REFERRAL> ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAY 13 SATURDAY 11:00 AM HJR 48 KENAI PENINSULA SUBSISTENCE PROPOSAL JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 78 FAHRENKAMP ROOM 203 MAY 13 SATURDAY 10:00 PM -- TIME CHANGE -- HB 78 PUBLIC ASSIST. DEMO PROJECT & DECREASE ---------------------------------------- 1995-05-13 Senate Journal Page 1839 CONFERENCE COMMITTEE ON HB 100 SENATE FINANCE 532 MAY 13 SATURDAY 11:00 AM CONFERENCE COMMITTEE ON HB 100 ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH ROOM 205 MAY 13 SATURDAY 2:00 PM LEGISLATIVE COUNCIL OTHER COMMITTEES MAJORITY CAUCUS BUTROVICH ROOM 205 MAY 13 SATURDAY 10:05 PM MAJORITY CAUCUS MAY 15 MONDAY 9:00 AM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 MAY 13 SATURDAY 10:05 PM MINORITY CAUCUS ---------------------------------------- CONFERENCE COMMITTEE ON HB 237 MAY 13 SATURDAY 5:00 PM CONFERENCE COMMITTEE ON HB 237