Legislature(1995 - 1996)
1995-05-15 Senate Journal
Full Journal pdf1995-05-15 Senate Journal Page 1843 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Monday May 15, 1995 One Hundred Twentieth Day Pursuant to adjournment the Senate was called to order by President Pearce at 1:20 p.m. The roll showed seventeen members present. Senators Ellis, Frank, Lincoln were absent. The prayer was offered by the Chaplain, Senator Salo. Senator Miller led the Senate in the pledge of allegiance. CERTIFICATION Senator Halford moved and asked unanimous consent that the journals for the one hundred eighteenth and one hundred nineteenth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senator Lincoln was noted. STANDING COMMITTEE REPORTS HJR 23 The Rules Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 23(FSH) Relating to the North Pacific Fishery Management Council's inshore/offshore allocations and the Western Alaska Community Development Quota Program. Signing to calendar: Senator Miller, Chair, Senators Duncan, Pearce. Signing no recommendation: Senator Sharp. The resolution is on today's calendar. 1843 1995-05-15 Senate Journal Page 1844 SPECIAL COMMITTEE REPORTS HB 78 The following report was received and distributed at 2:30 p.m. on May 14, 1995: May 13, 1995 Madam President: Madam Speaker: The CONFERENCE COMMITTEE (with limited powers of free conference) considered 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) and recommends CONFERENCE CS FOR HOUSE BILL NO. 78 (same title) be adopted with previous fiscal notes (see pages 43 and 44 of CONFERENCE CS FOR HOUSE BILL NO. 100). Signing the report: Senator Miller, Chair, Senators Green, Hoffman, Representative Hanley, Chair, Representatives Toohey, B. Davis. Senator Hoffman further signed: amend or do not pass. Representative B. Davis further signed: do not pass. The presence of Senator Ellis was noted. 1995-05-15 Senate Journal Page 1845 HB 78 Senator Halford moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 78. Senator Pearce called the Senate. The question being: "Shall CONFERENCE CS FOR HOUSE BILL NO. 78 pass the Senate?" The roll was taken with the following result: Conference CS for HB 78 Adopt Conference Committee Report? Effective Date YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Zharoff and so, CONFERENCE CS FOR HOUSE BILL NO. 78 "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" 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. Senator Duncan objected, then withdrew his objection. There being no further objections, the effective date clause was adopted. 1995-05-15 Senate Journal Page 1846 HB 78 Senator Rieger moved for the adoption of the Court Rule change. Senator Rieger moved and asked unanimous consent that his motion be withdrawn. Without objection, it was so ordered. The Secretary was requested to notify the House. HB 100 President Pearce stated the Conference Committee Report for 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" (page 1803) would be held on the Secretary's desk. HB 237 The following report was received and distributed at 10:35 a.m. May 15: May 15, 1995 Madam President: Madam Speaker: The CONFERENCE COMMITTEE considered CS FOR HOUSE BILL NO. 237(JUD) am "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to confidentiality of workers' compensation medical and rehabilitation information; to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits; to workers' compensation death benefits; to computation of workers' compensation benefits; to penalties for fraudulent acts related to workers' compensation; to immunity for employer workplace safety inspections related to workers' compensation insurance; and providing for an effective date" and SENATE CS FOR CS FOR HOUSE BILL NO. 237(JUD)(efd fld S) and recommends 1995-05-15 Senate Journal Page 1847 HB 237 CONFERENCE CS FOR HOUSE BILL NO. 237 "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to confidentiality of workers' compensation medical and rehabilitation information; to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits; to workers' compensation death benefits; to computation of workers' compensation benefits; to penalties for fraudulent acts related to workers' compensation; to immunity for employer workplace safety inspections related to workers' compensation insurance." be adopted with previous zero fiscal notes. Signing the report: Senator Taylor, Chair, Senators Kelly, Adams, Representative Kott, Chair, Representatives Porter, Brice. Senator Halford moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 237. Senator Taylor objected. The question being: "Shall CONFERENCE CS FOR HOUSE BILL NO. 237 pass the Senate?" The roll was taken with the following result: Conference CS for HB 237 Adopt Conference Committee Report? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Rieger, Sharp, Torgerson, Zharoff Nays: Donley, Ellis, Hoffman, Pearce, R.Phillips, Salo, Taylor Zharoff changed from "Nay" to "Yea". 1995-05-15 Senate Journal Page 1848 HB 237 and so, CONFERENCE CS FOR HOUSE BILL NO. 237 "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to confidentiality of workers' compensation medical and rehabilitation information; to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits; to workers' compensation death benefits; to computation of workers' compensation benefits; to penalties for fraudulent acts related to workers' compensation; to immunity for employer workplace safety inspections related to workers' compensation insurance" passed the Senate. The Secretary was requested to notify the House. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 183 SENATE BILL NO. 183 BY SENATORS TAYLOR, Phillips, entitled: "An Act prohibiting the spouses and spousal equivalents of legislators from serving as legislative lobbyists; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. CONSIDERATION OF THE CALENDAR HOUSE BILLS IN SECOND READING HB 268 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 268(FIN) "An Act making and amending appropriations; and providing for an effective date" which had been held in second reading (page 1825), be placed at the bottom of today's calendar. Without objection, it was so ordered. 1995-05-15 Senate Journal Page 1849 THIRD READING OF HOUSE BILLS HB 120 CS FOR HOUSE BILL NO. 120(FIN) was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSHB 120(FIN) Third Reading - Final Passage YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Green, Kelly, Leman, Miller, Pearce, Salo, Torgerson, Zharoff Nays: Adams, Ellis, Frank, Halford, Hoffman, Lincoln, R.Phillips, Rieger, Sharp, Taylor and so, CS FOR HOUSE BILL NO. 120(FIN) failed. Senator Duncan gave notice of reconsideration. HB 124 CS FOR HOUSE BILL NO. 124(FIN) was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: 1995-05-15 Senate Journal Page 1850 HB 124 CSHB 124(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Ellis, R.Phillips and so, CS FOR HOUSE BILL NO. 124(FIN) 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 Duncan gave notice of reconsideration. HB 180 SENATE CS FOR HOUSE BILL NO. 180(CRA) am S was read the third time. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 180(CRA) am S "An Act relating to liquor licenses issued to a hotel, motel, resort, or similar establishment; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 180(CRA) am S Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Lincoln, Pearce, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Hoffman, Kelly, Leman, Miller, R.Phillips 1995-05-15 Senate Journal Page 1851 HB 180 and so, SENATE CS FOR HOUSE BILL NO. 180(CRA) 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 Adams gave notice of reconsideration. HB 200 HOUSE BILL NO. 200 was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: HB 200 Third Reading - Final Passage Effective Date YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Halford, Hoffman, Lincoln, R.Phillips, Salo, Zharoff Donley changed from "Yea" to "Nay". and so, HOUSE BILL NO. 200 failed. Senator Donley gave notice of reconsideration. The Senate stood at ease at 2:30 p.m. 1995-05-15 Senate Journal Page 1852 The Senate reconvened at 3:35 p.m. Senator Pearce lifted the call. 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 1661) with amendments pending was before the Senate. Senator Halford moved and asked unanimous consent that the bill be placed at the bottom of today's calendar. Without objection, it was so ordered. RECONSIDERATION OF HOUSE BILLS HB 207 Senator Taylor requested that the reconsideration on 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" be taken up at this time. SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) am S was before the Senate on reconsideration. Senator Halford moved and asked unanimous consent that the bill be placed at the bottom of today's calendar. Without objection, it was so ordered. HB 20 Senator Duncan requested 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 taken up at this time. CS FOR HOUSE BILL NO. 20(FIN) am was before the Senate on reconsideration. 1995-05-15 Senate Journal Page 1853 HB 20 The question to be reconsidered: "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 - On Reconsideration Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Torgerson and so, CS FOR HOUSE BILL NO. 20(FIN) am 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 signed by the President and Secretary and returned to the House. 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 next calendar. Without objection, it was so ordered. 1995-05-15 Senate Journal Page 1854 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 on reconsideration (page 1826), was before the Senate. Senator Halford moved and asked unanimous consent that the bill be placed at the bottom of today's calendar. Without objection, it was so ordered. SECOND READING OF HOUSE RESOLUTIONS HJR 23 CS FOR HOUSE JOINT RESOLUTION NO. 23(FSH) Relating to the North Pacific Fishery Management Council's inshore/offshore allocations and the Western Alaska Community Development Quota Program, was read the second time. Senator Halford moved and asked unanimous consent that CS FOR HOUSE JOINT RESOLUTION NO. 23(FSH) be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE JOINT RESOLUTION NO. 23(FSH) was read the third time. Senator Rieger moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard. Senators Halford, Zharoff, Leman, Hoffman 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 CS FOR HOUSE JOINT RESOLUTION NO. 23(FSH) Relating to the North Pacific Fishery Management Council's inshore/offshore allocations and the Western Alaska Community Development Quota Program, pass the Senate?" The roll was taken with the following result: 1995-05-15 Senate Journal Page 1855 HJR 23 CSHJR 23(FSH) 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. 23(FSH) passed the Senate. Senator Hoffman gave notice of reconsideration. CITATIONS Honoring - Margaret Ruth Ashe Davidson Senator(s) Zharoff, Hoffman, Duncan, Pearce, Taylor, Leman, Kelly, Lincoln, Halford Honoring - Isaac David Moore Representative(s) Ogan Senator(s) Duncan, Taylor, Leman, Kelly, Halford Honoring - Bjorg Torsteinsrud, 1995 NCAA National Bronze Medal Winner Representative(s) Davies Senator(s) Hoffman, Duncan, Pearce, Taylor, Leman, Kelly, Salo, Lincoln, Zharoff Honoring - Liam Forbes, Marcus Martin, and Michael Schmahl, 1995 Society for Industrial and Applied Mathematics, Outstanding Meritorious Team Representative(s) Davies Senator(s) Hoffman, Duncan, Pearce, Taylor, Leman, Kelly, Salo, Lincoln, Zharoff 1995-05-15 Senate Journal Page 1856 Honoring - Alaska Laundry 100th Anniversary Representative(s) Robinson, Elton Senator(s) Duncan, Adams, Hoffman, Pearce, Taylor, Leman, Kelly, Lincoln, Zharoff, Halford Honoring - Gretchen Saupe Senator(s) Zharoff, Hoffman, Duncan, Taylor, Kelly, Lincoln, Halford Representative(s) Austerman Senator Halford moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 3:55 p.m. AFTER RECESS The Senate reconvened at 3:06 a.m. Senator Pearce called the Senate. The call was satisfied. HB 100 Senator Halford moved and asked unanimous consent that the Conference Committee Report on 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" (page 1803) be taken up. Without objection, it was so ordered. Senator Halford moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 100. 1995-05-15 Senate Journal Page 1857 HB 100 The question being: "Shall CONFERENCE CS FOR HOUSE BILL NO. 100 pass the Senate?" The roll was taken with the following result: Conference CS for HB 100 Adopt Conference Committee Report? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Sharp, Torgerson Nays: Donley, Duncan, Ellis, R.Phillips, Salo, Taylor, Zharoff and so, 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" passed the Senate. Senator Halford moved the budget reserve fund sections. The question being: "Shall the budget reserve fund sections be adopted?" The roll was taken with the following result: Conference CS for HB 100 Budget Reserve Fund YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Salo, Sharp, Torgerson, Zharoff Nays: Donley, R.Phillips, Taylor and so, the budget reserve fund sections were adopted. 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: 1995-05-15 Senate Journal Page 1858 HB 100 Conference CS for HB 100 Effective Date Vote YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff Nays: Donley, Taylor and so, the effective date clause was adopted. The Secretary was requested to notify the House. CONSIDERATION OF THE CALENDAR CONTINUED HOUSE BILLS IN SECOND READING HB 268 CS FOR HOUSE BILL NO. 268(FIN) "An Act making and amending appropriations; and providing for an effective date" which had been placed at the bottom of the calendar (page 1848) was before the Senate in second reading. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1741. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 268(FIN) was adopted and read the second time. Amendment No. 1 was not offered. Senator Halford offered Amendment No. 2 : Page 1, line 5: Delete "sec. 118" Insert "sec. 127" 1995-05-15 Senate Journal Page 1859 HB 268 Page 29, after line 13: Insert new bill sections to read: "* Sec. 110. The sum of $931,600 is appropriated from the general fund to the Department of Law to pay judgments and claims against the state for the fiscal year ending June30, 1995. * Sec. 111. The sum of $38,500 is appropriated from the fish and game fund to the Department of Fish and Game for increased vendor compensation for the sale of fish and game licenses for the fiscal year ending June30, 1995. * Sec. 112. The sum of $55,000 is appropriated from the general fund to the Department of Corrections to pay for settlement of two personnel lawsuits for the fiscal year ending June30, 1995. * Sec. 113. The following amounts are appropriated from the general fund to the following departments for the fiscal year ending June30, 1995, to pay miscellaneous claims and stale-dated warrants: AGENCY APPROPRIATION Department of Administration 3,943 Department of Commerce and Economic Development 1,049 Department of Fish and Game 171 Department of Transportation and Public Facilities 131 Department of Environmental Conservation 1,857 * Sec. 114. The sum of $3,035,615 is appropriated from federal receipts to the Department of Education, foundation program for increased federal impact aid funds for the fiscal year ending June30, 1995. * Sec. 115. The sum of $600,000 is appropriated from the general fund to the Department of Administration to pay for leases for the fiscal year ending June30, 1995. * Sec. 116. The sum of $1,064,050 in federal receipts is appropriated to the Alaska Housing Finance Corporation for Cedar Park reconstruction for the fiscal year ending June 30, 1995. * Sec. 117. The sum of $1,000,000 is appropriated from federal receipts to the Alaska Housing Finance Corporation for the stripper well oil overcharge restitution program for the fiscal year ending June30, 1995. * Sec. 118. The sum of $200,000 is appropriated from the general fund to the Department of Fish and Game for the fiscal year ending June30, 1995, for replacement and enhancement of salmon escapement sonar systems." 1995-05-15 Senate Journal Page 1860 HB 268 Sec.___. The sum of $155,000 is appropriated from the general fund to the Department of Corrections community jails program for life, health and safety facilities improvements for the fiscal year ending June 30, 1995. Renumber the following bill sections accordingly. Senator Halford moved and asked unanimous consent for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. Senator Halford offered Amendment No. 3 : Page 1, line 5: Delete "118" Insert "126" Page 21, line 22: Delete "$8,000,000" Insert "$8,300,000" Page 21, line 25: Delete "$8,000,000" Insert "$8,300,000" Page 21, line 28: Delete "$6,936,000" Insert "$7,236,000" Page 26, lines 22 - 23: Delete "University of Alaska, Anchorage, for design and construction of campus parking facilities" Insert "following agencies for the purposes and in the amounts stated: AGENCY PURPOSE APPROPRIATION University of Alaska, Design and construction Anchorage of campus parking facilities $400,000 Anchorage School District Technology improvements 400,000 1995-05-15 Senate Journal Page 1861 HB 268 Department of Transportation General fund match for federal-aid and Public Facilities highway projects 200,000 Page 26, line 24: Delete "The" Insert "Except as provided in (b) of this section, the" Page 27, line 14, after "(b)": Insert "The sum of $2,500,000 is appropriated from the amounts repealed in (a) of this section to the Department of Transportation and Public Facilities for general fund match for federal-aid highway projects. (c)" Page 29, lines 8 - 13: Delete all material. Insert new bill sections to read: "* Sec. 109. The sum of $100,000 is appropriated from the general fund to the Department of Education for payment as a grant under AS37.05.316 to the Southeast Island School District for a Port Protection School. * Sec. 110. The sum of $300,000 is appropriated from the general fund to the Department of Education for payment as a grant under AS37.05.316 to the Kuspuk School District for relocatable classrooms in Kalskag. * Sec. 111. * Sec. 112. The unexpended and unobligated balance, not to exceed $550,000, of the appropriation made in sec. 42, ch. 3, FSSLA 1994, page 13, line 22 and allocated on line 23 (Office of the Director - $472,600), line 24 (Budget review - $1,066,000), and line 25 (Audit and management services - $885,200) and the unexpended and unobligated balance of the rural electrification revolving loan fund (AS 42.45.020) on June 30, 1995, is reappropriated to the office of management and budget to distribute to agencies for costs relating to the integration of the state's criminal justice computer systems to improve the quality, coordination, and access to criminal history information. 1995-05-15 Senate Journal Page 1862 HB 268 * Sec. 113. The sum of $50,000 is appropriated from the general fund to the office of management and budget to distribute to agencies for costs relating to the integration of the state's criminal justice computer systems to improve the quality, coordination, and access to criminal history information. * Sec. 114. The unexpended and unobligated balance remaining on June 30, 1995, not to exceed $500,000, of the appropriation made in sec. 42, ch. 3, FSSLA 1994, page 48, line 6 (Budget and Audit Committee - $5,669,400) is reappropriated to the Department of Transportation and Public Facilities for general fund match for federal-aid highway projects. * Sec. 115. The unexpended and unobligated balance remaining on June 30, 1995, not to exceed $1,800,000, of that part of the appropriation made in sec. 5(a), ch. 14, SLA 1994, and allocated on page 5, line 24, that was made from the general fund (Department of Education, Foundation program - $629,938,000) is reappropriated to the Department of Transportation and Public Facilities for general fund match for federal-aid highway projects. * Sec. 116. The sum of $7,000,000 is appropriated from all unrestricted mortgage loan interest payments and all other unrestricted receipts, including mortgage loan commitment fees to the Alaska Housing Finance Corporation, to the University of Alaska for deferred maintenance." Renumber the following bill sections accordingly. Page 30, line 1: Delete "109, 118, and 119" Insert "109 - 112, 114- 116, 126, and 127" Page 30, after line 4: Insert a new bill section to read: "* Sec. 120. Section 113 of this Act is retroactive to July1, 1995." Page 30, line 5: Delete "109, 118, and 119" Insert "109 - 112, 114- 116, 126, and 127" 1995-05-15 Senate Journal Page 1863 HB 268 Page 30, line 13: Delete "113 - 116" Insert "121 - 124" Page 30, line 15: Delete "SECTION 118" Insert "SECTION 126" Page 31, line 15: Delete "300,000" in both places. Insert "250,000" in both places. Adjust the funding information by agency in sec. 129 accordingly. Page 33, after line 23: Insert: "APPROPRIATION OTHER ITEMS FUNDS University of Alaska student housing deferred maintenance (ED 99) 22,500,000 22,500,000" Adjust the funding information by agency in sec. 129 accordingly. Page 33, after line 38: Insert: "APPROPRIATION GENERAL ITEMS FUND Statewide library electronic doorway 300,000 300,000" Adjust the funding information by agency in sec. 129 accordingly. Page 36, line 20: Delete "100,000" in both places. Insert "175,000" in both places. Adjust the funding information by agency in sec. 129 accordingly. 1995-05-15 Senate Journal Page 1864 HB 268 Page 46, line 30: Delete "90,670,000" in both places. Insert "91,670,000" in both places. Page 49, after line 14: Insert: "ALLOCATIONS Saint George Bird Hazard Mitigation 1,000,000" Adjust the funding information by agency in sec. 129 accordingly. Page 57, line 17: Delete "1,300,000" in both places. Insert "1,000,000" in both places. Adjust the funding information by agency in sec. 129 accordingly. Page 57, line 12: Delete "Digital Communications Network" Insert "Telecommunications and campus planning" Add a new bill section to read: Sec. The sum of $150,000 is appropriated from the general fund to the Department of Health and Social Services for the healthy families program. The appropriation made by sec.___ of this Act lapses June 30, 1996. Replace section 12 with the following: "*Sec. The unexpended and unobligated balance of the appropriation made in sec. 19, ch. 79, SLA 1993, page 48, line 12 (City and Borough of Juneau - Mount Roberts Marina - $3,000,000) is appropriated to the following agencies for the following purposes in the amounts listed: 1995-05-15 Senate Journal Page 1865 HB 268 PURPOSE APPROPRIATION University of Alaska Juneau 1,800,000 residence hall Department of Administration as a grant under AS 37.05.315 to the City and Borough of Juneau for the Back Loop/ University of Alaska sewer and water project. 600,000 Department of Administration - statewide satellite communications project 400,000 Page 32, line 20 Low Income Weatherization [6,300,000] [6,300,000] 7,400,000 7,400,000 Page 32, line 22 Supplemental Housing Development Program [5,300,000] [5,300,000] 10,000,000 10,000,000 Page 32, line 12: Under Appropriation Items: [Cedar Park Reconstruction] Delete "1,000,000" Riverbend Construction Insert "4,500,000" Under General Fund: [Cedar Park Reconstruction] Delete "1,000,000" Riverbend Construction Insert "4,500,000" Insert a new bill section to read: "*Sec. The unexpended and unobligated balance, not to exceed $36,000, of the appropriation made by sec. 42, ch. 3, FSSLA 1994, page 48, line 10, and allocated on line 20 (Council and Subcommittees - $522,000) is reappropriated to the Department of Education for payment as a grant under AS 37.05.316 to the Alaska Moving Images Preservation Association for preservation of Alaskan film and television productions." Senators Rieger, Halford offered the following amendment to Amendment No. 3: 1995-05-15 Senate Journal Page 1866 HB 268 Page 2, line 9 - of Amendment No. 3: After (c)" Insert between lines 9 and 10: Page 26, line 30: Delete "(3) ch. 25, SLA 1982" Page 27, line 2: Delete "(6) sec. 34, ch. 107, SLA 1983" Page 27, line 4: Delete "(8) ch. 24, SLA 1984" Senator Halford moved for the adoption of the amendment to Amendment No. 3. Senator Adams objected, then withdrew his objection. There being no further objections, the amendment to Amendment No. 3 was adopted. Senator Halford moved and asked unanimous consent for the adoption of Amendment No. 3 as amended. Without objection, Amendment No. 3 as amended was adopted. Senator Halford offered Amendment No. 4 : Page 1, line 5: Delete "sec. 118" Insert "sec. 115" Page 2, line 18, through page 3, line 8: Delete all material. Insert a new bill section to read: "* Sec. 6. (a) Contingent upon an agreement by the federal government to match the amount appropriated under this section on a dollar-for-dollar basis, the sum of $8,650,000, or a lesser amount equal to the amount the federal government agrees to match on a dollar-for-dollar basis, is appropriated from the general fund to the Department of Education for the construction or upgrade of elementary school facilities at Aurora Elementary School, Ursa Minor Elementary School, and Eielson Air Force Base. 1995-05-15 Senate Journal Page 1867 HB 268 (b) If the Department of Education has not entered into an agreement with the federal government that the federal government will match the maximum amount appropriated under (a) of this section on a dollar-for-dollar basis, the portion of the appropriation made by (a) of this section that is not subject to an agreement with the federal government is repealed June30, 1996. (c) Subject to (b) of this section, if the Department of Education has entered into an agreement with the federal government that the federal government will match the amount appropriated under (a) of this section on a dollar-for-dollar basis, the appropriation made by (a) of this section lapses under AS37.25.020." Page 6, line 15: Delete "$1,800,000" Insert "$1,050,000" Page 6, line 23: Delete "1,500,000" Insert "750,000" Page 8, line 1: Delete "Runway 32" Insert "Runway 14/32" Page 8, line 4, after "1995,": Insert "and the amount appropriated by sec. 115, page 57, line 24 of this Act" Page 12, lines 13 - 21: Delete all material. Renumber the following bill sections accordingly. Page 19, lines 15 - 26: Delete all material. Insert a new bill section to read: 1995-05-15 Senate Journal Page 1868 HB 268 "* Sec. 73. (a) The unexpended and unobligated balances of the appropriations made in sec. 4, ch. 24, SLA 1984, page 55, line 15 (DHSS renovation and repair - $2,500,000); sec. 158, ch. 3, FSSLA 1987, page 39, line 16 (DHSS maintenance/repair/equipment replacement - $900,000); sec. 139, ch. 208, SLA 1990, page 52, line 5 (statewide maintenance/repair/renovation/equipment replacement - $800,000); sec. 139, ch. 208, SLA 1990, page 51, lines 21 - 22 (mental health facilities, state facility renovation, repair, and equipment replacement - $275,000); and sec. 139, ch. 208, SLA 1990, page 52, line 6, as amended by sec. 7, ch. 1, SLA 1991 (information systems expansion and upgrade - $853,500) are reappropriated to the Department of Health and Social Services for the Alaska Family Practice Residency Program renovation and equipment. (b) The sum of $60,000 is appropriated from the general fund to the Department of Health and Social Services for the Alaska Family Practice Residency Program renovation and equipment." Renumber the following bill sections accordingly. Page 21, line 10: Delete "lapses into the general fund June30, 1997" Insert "lapses June30, 1997, into the funds from which appropriated" Page 23, lines 5 - 28: Delete all material. Insert a new bill section to read: "* Sec. 91. (a) The sum of $2,500,000 is appropriated to the Department of Transportation and Public Facilities for the construction of a road from Cordova to Shepard Point, the construction of oil spill response equipment storage facilities at Shepard Point, and the acquisition of oil spill response equipment for prepositioning at Shepard Point from the following sources in the amounts indicated: (1) the unappropriated and unobligated balance of the interest and income earned through the end of the fiscal year that ends June30, 1995, on money in the Alyeska Settlement Fund, is appropriated for the purposes of this subsection; 1995-05-15 Senate Journal Page 1869 HB 268 (2) the unappropriated and unobligated balance of the interest and income earned during the fiscal year ending June30, 1995, on the Exxon Valdez oil spill restoration fund, described in sec. 1(1), ch. 79, SLA 1993, is appropriated for the purposes of this subsection; (3) if the amount appropriated by (1) and (2) of this subsection is less than $2,500,000, the difference between the amount appropriated by (1) and (2) of this subsection and $2,500,000 is appropriated from the unappropriated and unobligated balance of the interest and income earned during the fiscal year that ends June30, 1996, on money in the Alyeska Settlement Fund, for the purposes of this subsection; (4) if the amount appropriated by (1), (2), and (3) of this subsection is less than $2,500,000, the difference between the amount appropriated by (1), (2), and (3) of this subsection and $2,500,000 is appropriated from the unappropriated and unobligated balance of the interest and income earned during the fiscal year ending June30, 1996, on the Exxon Valdez oil spill restoration fund, described in sec. 1(1), ch. 79, SLA 1993, for the purposes of this subsection. (b) In this section, "Alyeska Settlement Fund" means the trust fund established in the state treasury for the purpose of receiving, holding, and disbursing the settlement proceeds received by the state under the Agreement and Consent Decree in IN RE: The EXXON VALDEZ, United States District Court, District of Alaska, case No.A89-095 Civil (Consolidated)(Re: case No.A92- 175 Civil, decree entered November25, 1992)." Renumber the following bill sections accordingly. Page 27, line 30: Delete "trust" Page 29, after line 13: Insert a new bill section to read: "* Sec. 106. The unexpended and unobligated balances of the appropriations made in sec. 165, ch. 96, SLA 1991, page 97, line 8 (Anchorage School District - Turnagain Elementary School - overhead storage installation/renovation/acquisition - $8,000); sec. 165, ch. 96, SLA 1991, page 97, line 9 (Anchorage School District - 1995-05-15 Senate Journal Page 1870 HB 268 Turnagain Elementary School - repair asphalt playground - $15,000); and sec. 21, ch. 79, SLA 1993, page 83, lines 11 - 14 (Anchorage School District - Turnagain Elementary upgrade chalkboards, portables, cupboards - $46,000) are reappropriated to the Department of Administration for payment as a grant under AS37.05.315 to the Municipality of Anchorage for Anchorage School District, Turnagain Elementary School for traffic safety project, playground upgrade, and technology upgrade." Renumber the following bill sections accordingly. Page 29, line 18: Delete "section" Insert "subsection" Page 29, line 31, through page 30, line 1: Delete "48, 50, 54, 55, 67, 74 - 79, 87, 95, 96, 100, 104, 109, 118, and 119" Insert "47, 49, 53, 54, 66, 73 - 76, 84, 91, 92, 96, 100, 105, 115, and 116" Page 30, line 5: Delete "87, 96, 107, 109, 118, and 119" Insert "73(b), 84, 92, 103, 105, 115, and 116" Page 30, line 7: Delete "Section 55" Insert "Section 54" Page 30, line 8: Delete "Section 71" Insert "Section 70" Page 30, line 9: Delete "Section 72" Insert "Section 71" Page 30, line 13: Delete "secs. 113 - 116" Insert "secs. 110 - 113" 1995-05-15 Senate Journal Page 1871 HB 268 Page 30, line 15: Delete "SECTION 118" Insert "SECTION 115" Page 32, line 23, after "Program": Insert "- low rent housing" Page 34, after line 9: Insert "It is the intent of the legislature that the Department of Health and Social Services is authorized to proceed with construction of a replacement facility at Alaska Psychiatric Hospital provided that: (1) the department reconstitute the Alaska Psychiatric Hospital steering committee to assure a majority of community providers, consumers, and advocates; and (2) the construction specifically provides only for tertiary care with the potential for reprogramming to forensic services in the future." Page 34, line 12: Delete "1,550,000" Insert "1,490,000" Delete "1,300,000" Insert "1,240,000" Page 34, line 22: Delete "1,268,360" in both places. Insert "1,000,000" in both places. Page 37, after line 12: Insert "It is the intent of the legislature that the Department of Transportation and Public Facilities aggressively pursue federal highway funding for authorized projects. If additional state matching funds are needed to preclude the loss of the federal funds or delay of projects into fiscal year 1997, the department is expected to identify this need to the finance committees in 1996 for early funding consideration." Page 37, line 13: Delete "49,390,000" Insert "45,390,000" Delete "23,120,000" Insert "19,120,000" 1995-05-15 Senate Journal Page 1872 HB 268 Page 37, line 17: Delete "2,000,000" Insert "3,300,000" Page 37, line 24: Delete "17,430,000" Insert "12,130,000" Page 52, after line 11, Insert: It is the intent of the Legislature that the Department of Environmental Conservation be authorized to expend up to $100,000 of program receipts in the fiscal year ending June 30, 1996 for implementation of the emission inspection program described in CS FOR SENATE BILL NO. 28(FIN)(title am) from program receipts under sections 4 and 5 of that Act and subject to compliance with the program review provisions of AS 37.07.080. Page 52, line 12: Delete "39,283,500" Insert "39,783,500" Delete "20,783,500" Insert "21,283,500" Page 55, line 21: Delete " - 1,500,000" Insert " - 1,000,000" Page 55, line 37: Delete "2,100,000" in both places. Insert "1,850,000" in both places. Page 65, lines 12 - 14: Delete "Huslia Central Heating System/Office Equipment for City Offices (ED 36)" Insert "Huslia Building Improvements (ED 36)" Page 72, line 34: Delete "25,000" in both places. Insert "50,000" in both places. 1995-05-15 Senate Journal Page 1873 HB 268 Page 75, line 1: Delete "950,000" Insert "1,088,000" Page 75, line 4: Delete "538,000" Insert "400,000" Senator Halford moved and asked unanimous consent for the following technical amendment to Amendment No. 4: Page 29, after line 7: Insert a new subsection to read: (c) This section takes effect July 1, 1995. Without objection, the amendment to Amendment No. 4 was adopted. Senator Halford moved and asked unanimous consent for the adoption of Amendment No. 4 as amended. Without objection, Amendment No. 4 as amended was adopted. Senator Adams offered Amendment No. 5 : Page 23, line 29, after "* Sec. 96.": Insert "(a)" Page 24, after line 1: Insert new subsections to read: "(b) The unexpended and unobligated balance remaining on June30, 1995, not to exceed $89,300, of the appropriation made in sec.42, ch.3, FSSLA 1994, page 48, line 6 (Budget and Audit Committee - $5,669,400) is reappropriated to the Legislative Affairs Agency, division of legal services, for fiscal year 1996 to ensure that funding for the division of legal services for fiscal year 1996, when combined with the amount appropriated for the division by a version of HB100, is the same as for fiscal year 1995. 1995-05-15 Senate Journal Page 1874 HB 268 (c) If the unexpended and unobligated balance remaining on June30, 1995, of the appropriation made in sec.42, ch.3, FSSLA 1994, page 48, line 6 (Budget and Audit Committee - $5,669,400) is less than $2,089,300, then the appropriations made by (a) and (b) of this section and by sec.104 of this Act shall be reduced in proportion to the amount of the shortfall." Page 30, line 1: Delete "96," Insert "96(a)," Page 30, line 5: Delete "96," Senator Adams moved for the adoption of Amendment No. 5. Senator Pearce objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SCS CSHB 268(FIN) am S Second Reading Amendment No. 5 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. 5 failed. Senator Adams offered Amendment No. 6 : Page 3, line 4: Delete "is repealed June30, 1996" Insert "lapses on June30, 1996, into the major maintenance grant fund (AS14.11.007)" 1995-05-15 Senate Journal Page 1875 HB 268 Senator Adams moved for the adoption of Amendment No. 6. Objections were heard. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: SCS CSHB 268(FIN) am S Second Reading Amendment No. 6 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. 6 failed. Senator Ellis offered Amendment No. 7 : Page 31, after line 26: Insert: "APPROPRIATION GENERAL ITEMS FUND KOAHNIC broadcasting matching grant 140,000 140,000" Adjust the funding information by agency in sec. 119 accordingly. Senator Ellis 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: 1995-05-15 Senate Journal Page 1876 HB 268 SCS CSHB 268(FIN) am S Second Reading Amendment No. 7 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Rieger, Salo, Zharoff Nays: Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips, Sharp, Taylor, Torgerson and so, Amendment No. 7 failed. Senator Lincoln offered Amendment No. 8 : Page 52, line 12: Under Appropriation Items: Delete "39,873,500" Insert "40,783,500" Under General Fund: Delete "21,373,500" Insert "22,283,500" Page 55, lines 21 - 23: Under Allocation: Delete Unallocated GF Reduction to VSW grants "910,000" Senator Lincoln moved for the adoption of Amendment No. 8. Objections were heard. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: 1995-05-15 Senate Journal Page 1877 HB 268 SCS CSHB 268(FIN) am S Second Reading Amendment No. 8 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. 8 failed. Senator Lincoln offered Amendment No. 9 : Add a new section: Sec. The sum of $560,100 is appropriated from the general fund to the Department of Education for payment as a grant under AS 37.05.316 to the Alaska Gateway School District for a superior court judgment related to the termination of Baugh Construction & Engineering Company contract for the fiscal year ending June 30, 1995. Senator Lincoln moved for the adoption of Amendment No. 9. Senator Miller objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: SCS CSHB 268(FIN) am S Second Reading Amendment No. 9 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson 1995-05-15 Senate Journal Page 1878 HB 268 and so, Amendment No. 9 failed. Senator Salo offered Amendment No. 10 : Page 37, line 10: Insert Council on DV/SA Phase I Data Project Under Appropriation Items: Insert "50,000" Under General Fund: Insert "50,000" Senator Salo moved for the adoption of Amendment No. 10. Objections were heard. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: SCS CSHB 268(FIN) am S Second Reading Amendment No. 10 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Pearce, Rieger, Salo, Taylor, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Sharp, Torgerson and so, Amendment No. 10 was adopted. Senator Salo offered Amendment No. 11 : Page 3, line 12: Insert new bill section to read: Sec. The sum of $60,000 is appropriated to the Department of Administration for a designated grant to the Kenai Peninsula Care Center for roof replacement. Renumber bill sections accordingly. 1995-05-15 Senate Journal Page 1879 HB 268 Senator Salo moved for the adoption of Amendment No. 11. Objections were heard. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: SCS CSHB 268(FIN) am S Second Reading Amendment No. 11 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Salo, Torgerson, Zharoff Nays: Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor and so, Amendment No. 11 failed. Senator Salo offered Amendment No. 12 : Page 6, after line 14, insert new bill section to read: Sec. The sum of $100,000 is appropriated from the general fund to the Department of Education for the Alaska Vocational Technical Center. Renumber remaining bill sections accordingly. Senator Salo moved for the adoption of Amendment No. 12. Objections were heard. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: 1995-05-15 Senate Journal Page 1880 HB 268 SCS CSHB 268(FIN) am S Second Reading Amendment No. 12 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Torgerson, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor and so, Amendment No. 12 failed. The Senate stood at ease at 4:17 a.m. The Senate reconvened at 4:53 a.m. Amendment No. 13 was not offered. Senator Taylor offered Amendment No. 14 : Page 6, lines 24 - 28: Delete all material and insert: "* Sec. 14. (a) The sum of $4,000,000 is appropriated from the Southeast energy fund (AS42.45.040) to the Department of Administration for payment as a grant under AS37.05.315 to the City of Ketchikan, Ketchikan Public Utility, for planning, design, and construction of a power transmission intertie between Swan Lake and Tyee Lake hydroelectric projects. (b) It is the intent of the legislature that the administration negotiate in good faith the transfer of the power projects described in the initial project to the communities served by them during the fiscal year ending June30, 1996." Reletter the following subsection accordingly. Senator Taylor moved for the adoption of Amendment No. 14. Objections were heard. 1995-05-15 Senate Journal Page 1881 HB 268 The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: SCS CSHB 268(FIN) am S Second Reading Amendment No. 14 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Salo, Zharoff and so, Amendment No. 14 was adopted. Amendment No. 15 was not offered. Senator Zharoff offered Amendment No. 16 : Add a new section to read: "Sec. . The sum of $70,400 is appropriated from the general fund to the Department of Education in order to fund the Close-Up program in fiscal year 1996." Renumber sections accordingly. Senator Zharoff moved for the adoption of Amendment No. 16. Objections were heard. The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: 1995-05-15 Senate Journal Page 1882 HB 268 SCS CSHB 268(FIN) am S Second Reading Amendment No. 16 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Kelly, Lincoln, Salo, Zharoff Nays: Donley, Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson and so, Amendment No. 16 failed. Senator Adams offered Amendment No. 17 : Add a section to read: "Sec. . The appropriations made in ch. 3, sec. 42, FSSLA 1994 beginning on page 41, line 11 through page 43, line 15, to the Department of Corrections lapse into the funds from which they were appropriated on June 30, 1996." Senator Adams moved for the adoption of Amendment No. 17. Senator Halford objected, then withdrew his objection. There being no further objections, Amendment No. 17 was adopted. Amendment No. 18 was not offered. Senator Hoffman offered Amendment No. 19 : Page 2, line 21, after "112." - of Amendment No. 3: Insert "(a)" Page 2, lines 24 - 25: Delete "and the unexpended and unobligated balance of the rural electrification revolving loan fund (AS 42.45.020) on June 30, 1995," 1995-05-15 Senate Journal Page 1883 HB 268 Page 2, after line 28: Insert new subsections to read: "(b) The sum of $100,000 is appropriated from the unexpended and unobligated balance of the rural electrification revolving loan fund (AS 42.45.020) to the Department of Community and Regional Affairs for payment as a grant under AS 37.05.316 to the Bering Sea Fishermen's Association for operating expenses for the fiscal year ending June 30, 1996. (c) The unexpended and unobligated balance of the rural electrification revolving loan fund (AS 42.45.020) on June 30, 1995, after the appropriating made in (b) of this section, is reappropriated to the office of management and budget to distribute to agencies for costs relating to the integration of the state's criminal justice computer systems to improve the quality, coordination, and access to criminal history information." Page 3, line 26: Delete "109 - 112" Insert "109 - 111, 112(a), 112(c)" Senator Hoffman moved for the adoption of Amendment No. 19. Objections were heard. The question being: "Shall Amendment No. 19 be adopted?" The roll was taken with the following result: SCS CSHB 268(FIN) am S Second Reading Amendment No. 19 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Rieger, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Sharp, Taylor, Torgerson and so, Amendment No. 19 failed. 1995-05-15 Senate Journal Page 1884 HB 268 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. 268(FIN) am S was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 268(FIN) am S "An Act making and amending appropriations; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 268(FIN) am S Third Reading - Final Passage Effective Date Budget Reserve Fund YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Green, Halford, Hoffman, Kelly, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Leman and so, SENATE CS FOR CS FOR HOUSE BILL NO. 268(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 clauses. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Budget Reserve Fund sections. Objections were heard. The question being: "Shall the Budget Reserve Fund sections be adopted?" The roll was taken with the following result: 1995-05-15 Senate Journal Page 1885 HB 268 SCS CSHB 268(FIN) Budget Reserve Fund YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Green, Halford, Hoffman, Kelly, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Leman, Lincoln, R.Phillips and so, the Budget Reserve Fund sections were adopted and the bill was referred to the Secretary for engrossment. UNFINISHED BUSINESS SB 136 Senator Halford moved and asked unanimous consent that CS FOR SENATE BILL NO. 136(FIN) "An Act making and amending appropriations; and providing for an effective date" be returned to the Rules Committee. Without objection, it was so ordered. SB 121 Senator Halford moved and asked unanimous consent that SENATE BILL NO. 121 "An Act making an appropriation for deferred maintenance for the University of Alaska; and providing for an effective date" be returned to the Rules Committee. Without objection, it was so ordered. HB 46 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 46(STA) "An Act relating to the practice of architecture, engineering, and land surveying" be held in third reading on reconsideration to the May 16 calendar. Without objection, it was so ordered. 1995-05-15 Senate Journal Page 1886 HB 207 Senator Halford moved and asked unanimous consent that the reconsideration on 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" be held to the May 16 calendar. Without objection, it was so ordered. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT HB 268 SENATE CS FOR CS FOR HOUSE BILL NO. 268(FIN) am S "An Act making and amending appropriations; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. ENROLLMENT SCR 13 CS FOR SENATE CONCURRENT RESOLUTION NO. 13(CRA) Recognizing the women who have served Alaska as state or territorial legislators and celebrating 100 years of women serving as state legislators, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:30 a.m., May 13, 1995. SB 3 SENATE BILL NO. 3 "An Act relating to an antitrust exemption for persons engaged in the fishing industry" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:30 a.m., May 13, 1995. 1995-05-15 Senate Journal Page 1887 SB 21 CS FOR SENATE BILL NO. 21(RES) "An Act relating to penalties for violations of commercial fishing laws" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:30 a.m., May 13, 1995. SB 130 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" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:30 a.m., May 13, 1995. SB 154 SENATE BILL NO. 154 "An Act relating to an aggravating factor at sentencing" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:30 a.m., May 13, 1995. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 2:00 p.m., May 16, 1995. Without objection, the Senate adjourned at 5:16 a.m. Nancy Quinto Secretary of the Senate May 1995 1995-05-15 Senate Journal Page 1888 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 16 TUESDAY 1:00 PM FINANCE ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAY 15 MONDAY 0:00 AM -- MEETING CANCELLED -- TO MEET UPON ADJOURNMENT HB 122 MARINE MOTOR FUEL TAX HJR 48 KENAI PENINSULA SUBSISTENCE PROPOSAL MAY 16 TUESDAY 0:00 AM TO MEET UPON RECESS HB 122 MARINE MOTOR FUEL TAX HB 10 PAYMENT OF COSTS OF DWI ACCIDENTS <PENDING REFERRAL> HB 269 TAX CREDIT: GIFTS TO PUBLIC BROADCASTING <PENDING REFERRAL> HB 286 CRUISE SHIP GAMBLING & PROMOTIONS <PENDING REFERRAL> 1995-05-15 Senate Journal Page 1889 OTHER COMMITTEES MAJORITY CAUCUS BUTROVICH ROOM 205 MAY 15 MONDAY 9:00 AM MAJORITY CAUCUS MAY 15 MONDAY 6:00 PM MAJORITY CAUCUS MAY 16 TUESDAY 4:25 AM MAJORITY CAUCUS