Legislature(1995 - 1996)
1996-03-18 Senate Journal
Full Journal pdf1996-03-18 Senate Journal Page 2765 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday Seventy-first Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:09 a.m. The roll showed sixteen members present. Senator Adams was excused from a call of the Senate. Senators Frank, Green, Kelly were absent. The prayer was offered by the Chaplain, Pastor Larry Rorem of the Shepherd of the Valley Lutheran Church. Senator Salo moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord of life and breath and all that is, As Your creation, we come before You with much responsibility. We are blessed with the resource of people, yet we struggle with the reality of human relationships, human pain and human struggle. We live with the reality of abilities and disabilities. Give us the ability to see our inter-connectedness with all people. As leaders help us lead in a way that promotes greater understanding. Help us learn from all segments of society. Help us to be open to what the mentally ill can teach us about creativity, or the mentally retarded about unconditional love, or the physically ill about patience. Help us to learn from others and from one another. 2765 1996-03-18 Senate Journal Page 2766 Guide us Lord, as individuals, senators, and participants in the life of this great Alaska Community to place a high priority on people as the most important natural resource we have. Help us in our struggles with limited resources to meet what can appear to be unlimited needs. May we struggle legitimately and compassionately with the dilemma of that reality. We give thanks for each senator gathered here today. Uphold and bless them in the decisions they make. In Your holy name, Amen. Senator Zharoff led the Senate in the pledge of allegiance. CERTIFICATION Senator Halford moved and asked unanimous consent that the journals for the sixty-seventh, sixty-eighth, sixty-ninth and seventieth legislative days and Senate Journal Supplement No. 11 be approved as certified by the Secretary. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that Senator Green be excused from a call of the Senate on March 18. Without objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 123 Message of March 12 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governors Office for permanent filing: FREE CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 123 An Act relating to student loan programs and fees for review of postsecondary education institutions; relating to a postsecondary student exchange program administered by the Western Interstate Commission on Higher Education; and providing for an effective date. 1996-03-18 Senate Journal Page 2767 SB 123 Chapter 5, SLA 1996 Effective Date: See Chapter The presence of Senator Kelly was noted. MESSAGES FROM THE HOUSE SB 6 Message of March 14 was read stating, the House has failed to recede from its amendment to SENATE BILL NO. 6 am, namely: HOUSE CS FOR SENATE BILL NO. 6(CRA) An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses. The Speaker has appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the bills: Representative Porter, Chair Representative Navarre Representative Mulder Senate members appointed on March 12: Senator Taylor, Chair Senator Donley Senator Halford Message of March 14 was read, stating the House passed and transmitted for consideration: 1996-03-18 Senate Journal Page 2768 FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 58 CS FOR HOUSE JOINT RESOLUTION NO. 58(RES) BY THE HOUSE RESOURCES COMMITTEE, entitled: Relating to reauthorization and reform of the Endangered Species Act. was read the first time and referred to the Resources Committee. HJR 59 CS FOR HOUSE JOINT RESOLUTION NO. 59(RES) BY THE HOUSE RESOURCES COMMITTEE, entitled: Respectfully requesting the Environmental Protection Agency to issue a final National Pollutant Discharge Elimination System permit for Cook Inlet oil and gas operations that omits the incremental permittee monitoring and reporting obligations identified in the Agency's draft permit and, consistent with the philosophy of the Agency's 1996 National Water Program Agenda, allows the permittees to operate under pollutant discharge monitoring and reporting requirements that are not more rigorous than those requirements of the Cook Inlet National Pollutant Discharge Elimination System permit in place. was read the first time and referred to the Resources Committee. FIRST READING AND REFERENCE OF HOUSE BILLS HB 60 CS FOR HOUSE BILL NO. 60(HES) BY THE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: An Act relating to impairment rating guides used in evaluation of certain workers' compensation claims. 1996-03-18 Senate Journal Page 2769 HB 60 was read the first time and referred to the Labor and Commerce and Finance Committees. HB 229 CS FOR HOUSE BILL NO. 229(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: An Act prohibiting certain amplified sounds from automobiles; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Judiciary Committees. STANDING COMMITTEE REPORTS Report dated March 13 was read stating: In accordance with AS 39.05.080, the Senate Labor and Commerce Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Alaska State Board of Public Accountancy Dean W. Nelson - Anchorage Appointed: 05/31/95; Expires: 04/25/99 Joanne Stoots - Fairbanks Appointed: 01/27/92; Reappointed: 11/01/95; Expires: 04/25/99 Alcoholic Beverage Control Board Evelyn Beeter - Chistochina Appointed: 05/31/95; Expires: 01/31/97 Bert L. Cottle - Valdez Appointed: 05/31/95; Expires: 01/31/98 Ellen L. Ganley - Fairbanks Appointed: 06/29/95; Reappointed: 01/31/96; Expires: 01/31/99 Robert J. Klein - Anchorage Appointed: 05/31/95; Expires: 01/31/97 Joseph J. Thomas, Jr. - Juneau Appointed: 02/14/96; Expires: 01/31/99 1996-03-18 Senate Journal Page 2770 State Board of Registration for Architects, Engineers, and Land Surveyors Byron Haynes, Jr., P.E. - Anchorage Appointed: 07/20/95; Expires: 07/01/99 Ernie Siemoneit - Healy Appointed: 01/30/96; Expires: 07/01/99 Board of Clinical Social Work Examiners Beverly Haywood - Juneau Appointed: 07/20/95; Expires: 07/01/99 Board of Dispensing Opticians Mary C. Seutter - Wasilla Appointed: 08/10/95; Expires: 06/14/96 Alaska Labor Relations Agency Raymond P. Smith - Anchorage Appointed: 03/06/95; Reappointed: 06/30/95; Expires: 06/30/98 Board of Marital and Family Therapy Mercy Dennis - Anchorage Appointed: 12/14/92; Reappointed: 01/04/96; Expires: 12/14/99 Dixie A. Hood - Juneau Appointed: 10/12/95; Expires: 12/14/97 Sandra M. Samaniego - Fairbanks Appointed: 10/12/95; Expires: 12/14/98 Board of Certified Direct-Entry Midwives Marilyn Holmes - Juneau Appointed: 07/20/95; Expires: 07/21/98 Board of Nursing Josephine Malemute - Fairbanks Appointed: 08/30/95; Expires: 03/31/96 Occupational Safety and Health Review Board Timothy O. Sharp - Fairbanks Appointed: 10/12/95; Expires: 08/01/99 Board of Pharmacy Chris E. Coursey - Eagle River Appointed: 04/23/91; Reappointed: 09/14/95; Expires: 04/01/99 1996-03-18 Senate Journal Page 2771 State Physical Therapy and Occupational Therapy Board Leslie F. Schwartz - Petersburg Appointed: 10/06/95; Expires: 09/01/98 Board of Psychologist and Psychological Associate Examiners Gail C. Shortell, Esq. - Anchorage Appointed: 07/20/95; Expires: 07/01/96 Alaska Public Utilities Commission Sam Cotten - Eagle River Appointed: 11/13/95; Expires: 10/31/98 G. Nanette Thompson, Esq. - Anchorage Appointed: 06/23/95; Expires: 10/31/00 Real Estate Commission Ruth Blackwell - Juneau Appointed: 08/24/95; Expires: 01/31/97 Linda L. Freed - Kodiak Appointed: 08/24/95; Expires: 01/31/99 Eleanor F. Oakley - Palmer Appointed: 08/24/95; Expires: 01/31/99 Clair Ramsey - Anchorage Appointed: 08/24/95; Reappointed: 03/06/96; Expires: 01/31/00 Larry Spencer - Juneau Appointed: 08/24/95; Expires: 01/31/99 Alaska Workers' Compensation Board Dorothy Bradshaw - Fairbanks Appointed: 01/30/96; Expires: 07/01/98 Harriet M. Lawlor - Anchorage Appointed: 07/20/95; Expires: 07/01/96 Nancy J. Ridgley - Ward Cove Appointed: 10/13/92; Reappointed: 07/05/95; Expires: 07/01/98 Philip E. Ulmer - Eagle River Appointed: 01/30/96; Expires: 07/01/98 James G. Williams - Douglas Appointed: 07/05/95; Expires: 07/01/97 There were no stated objections from committee members to the confirmation of any of these appointments. This does not reflect an intent by any of the members to vote for or against these appointments during any further considerations. 1996-03-18 Senate Journal Page 2772 Signing the report: Senator Kelly, Chair, Senators Torgerson, Miller, Salo, Duncan. #END SB 20 The Community and Regional Affairs Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 20 An Act establishing the Alaska municipal basic services program, relating to certain programs of state aid to municipalities and recipients in the unorganized borough; and providing for an effective date and recommended it be replaced with CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 20(CRA), entitled: An Act relating to certain programs of state aid to municipalities and recipients in the unorganized borough; and providing for an effective date. Signing do pass: Senator Torgerson, Chair, Senators Zharoff, Hoffman, Kelly. Signing no recommendation: Senator Phillips. Fiscal note for the sponsor substitute and committee substitute published today from Department of Revenue. Zero fiscal note for the sponsor substitute and committee substitute published today from Department of Community and Regional Affairs. The bill was referred to the Finance Committee. SB 186 The Labor and Commerce Committee considered SENATE BILL NO. 186 An Act relating to partnerships; amending Alaska Rules of Civil Procedure 20 and 24; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 186(L&C), entitled: An Act relating to partnerships; and providing for an effective date. Signing do pass: Senator Kelly, Chair, Senator Torgerson. Signing no recommendation: Senators Duncan, Salo. 1996-03-18 Senate Journal Page 2773 SB 186 Fiscal note for the bill and committee substitute published today from Department of Commerce and Economic Development. The bill was referred to the Judiciary Committee. SB 222 The State Affairs Committee considered SENATE BILL NO. 222 An Act relating to the financing authority, programs, operations, and projects of the Alaska Industrial Development and Export Authority; providing an exemption from the procurement code for certain projects of the authority; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 222(STA) Signing no recommendation: Senator Sharp, Chair, Senator Phillips. Signing do pass: Senator Duncan. Previous zero fiscal notes apply to the committee substitute. The bill was referred to the Transportation Committee. HB 158 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 158(FIN) am(ct rls pfld)(efd fld) An Act relating to civil actions; amending Alaska Rule of Civil Procedure 95 and recommended the Judiciary Senate Committee Substitute offered on page 2656 be adopted. Signing amend - pass House version: Senator Kelly, Chair. Signing amend: Senators Miller, Torgerson. Signing no recommendation: Senator Salo. Previous fiscal note and zero fiscal notes. The bill was referred to the Finance Committee. 1996-03-18 Senate Journal Page 2774 SB 105 The Rules Committee considered SENATE BILL NO. 105 An Act relating to a requirement that a parent, guardian, or custodian consent before a minor receives an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of `abortion'; and amending Alaska Rules of Civil Procedure 40, 53, and 79; Alaska Rules of Appellate Procedure 204, 210, 212, 213, 508, and 512.5; and Alaska Administrative Rule 9. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Signing do not calendar: Senator Duncan. Signing under other recommendations: Senator Salo. Fiscal notes for the Finance Committee Substitute published today from Department of Administration, Alaska Court System. Zero fiscal note for the Finance Committee Substitute published today from Department of Health and Social Services. The bill is on today's calendar. SB 241 The Rules Committee considered SENATE BILL NO. 241 An Act relating to the use of studded tires on the Sterling Highway. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Salo. The bill is on today's calendar. HB 419 The Rules Committee considered CS FOR HOUSE BILL NO. 419(STA) An Act relating to the disposal of property, including firearms and ammunition. Signing to calendar: Senator Miller, Chair, Senator Pearce. Signing no recommendation: Senators Duncan, Salo. The bill is on today's calendar. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 42 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 42 BY SENATOR TAYLOR, entitled: 1996-03-18 Senate Journal Page 2775 SB 42 An Act allowing a person to hold more than one entry permit for certain fisheries and amending the definition of `unit of gear' for purposes of the commercial fisheries limited entry program; and providing for an effective date. (new title) was read the first time and referred to the Resources Committee. SB 311 SENATE BILL NO. 311 BY THE SENATE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE, entitled: An Act relating to marine safety training and education programs. was read the first time and referred to the Resources and Finance Committees. SB 312 SENATE BILL NO. 312 BY THE SENATE JUDICIARY COMMITTEE, entitled: An Act relating to purchase of an alcoholic beverage from a package store. was read the first time and referred to the Judiciary Committee. SB 313 SENATE BILL NO. 313 BY THE LABOR AND COMMERCE COMMITTEE, entitled: An Act relating to the international airports in Anchorage and Fairbanks and establishing the Alaska International Airport Authority; and providing for an effective date. was read the first time and referred to the Transportation and Finance Committees. The presence of Senator Frank was noted. 1996-03-18 Senate Journal Page 2776 CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 105 SENATE BILL NO. 105 An Act relating to a requirement that a parent, guardian, or custodian consent before a minor receives an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of `abortion'; and amending Alaska Rules of Civil Procedure 40, 53, and 79; Alaska Rules of Appellate Procedure 204, 210, 212, 213, 508, and 512.5; and Alaska Administrative Rule 9 was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1248. Without objection, CS FOR SENATE BILL NO. 105(FIN) An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of `abortion'; and amending Alaska Rules of Civil Procedure 40 and 79; Alaska Rules of Appellate Procedure 204, 210, 212, 213, 508, and 512.5; and Alaska Administrative Rule 9 was adopted and read the second time. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: 1996-03-18 Senate Journal Page 2777 SB 105 CSSB 105(FIN) Advance from Second to Third Reading? YEAS: 11 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Frank, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Adams, Green and so, the bill failed to advance to third reading. CS FOR SENATE BILL NO. 105(FIN) will appear on the March 20 calendar. SB 241 SENATE BILL NO. 241 An Act relating to the use of studded tires on the Sterling Highway 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. Without objection, it was so ordered. SENATE BILL NO. 241 was read the third time. The question being: Shall SENATE BILL NO. 241 An Act relating to the use of studded tires on the Sterling Highway pass the Senate? The roll was taken with the following result: SB 241 Third Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Adams, Green 1996-03-18 Senate Journal Page 2778 SB 241 and so, SENATE BILL NO. 241 passed the Senate and was referred to the Secretary for engrossment. SECOND READING OF HOUSE BILLS HB 419 CS FOR HOUSE BILL NO. 419(STA) An Act relating to the disposal of property, including firearms and ammunition was read the second time. Senators Phillips, Miller, Leman, Frank moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Miller offered Amendment No. 1 : Page 2, following line 26: Insert a new bill section to read: "* Sec. 4. AS17.30.122 is amended to read: Sec. 17.30.122. STATE DISPOSAL OF FORFEITED PROPERTY. Property forfeited under AS17.30.110 - 17.30.126 other than controlled substances and firearms shall be disposed of by the commissioner of administration in accordance with applicable law. Firearms shall be disposed of as provided in AS18.65.340. As to property other than firearms or controlled substances, the [THEß commissioner of administration may (1) destroy property harmful to the public; (2) sell the property and use the proceeds for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, custody, and court costs; (3) take custody of the property and authorize its use in the enforcement of this chapter or AS11.71, or transfer it to another agency of the state or a political subdivision of the state for a use in furtherance of the administration of justice; (4) take custody of the property and remove it for disposition in accordance with law; 1996-03-18 Senate Journal Page 2779 HB 419 (5) forward it to the Drug Enforcement Administration of the United States Department of Justice for disposition; or (6) transfer ownership of an aircraft to the Alaska Wing, Civil Air Patrol." Renumber the following bill section accordingly. Page 2, line 30: Delete "Except for disposals under AS17.30.122, the" Insert "The" Senator Miller moved for the adoption of Amendment No. 1. Senator Duncan objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 419(STA) Second Reading Amendment No. 1 YEAS: 15 NAYS: 3 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Frank, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Nays: Duncan, Ellis, Salo Excused: Adams, Green 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 Ellis objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: 1996-03-18 Senate Journal Page 2780 HB 419 CSHB 419(STA) am S Advance from Second to Third Reading? YEAS: 11 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Frank, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Adams, Green and so, the bill failed to advance to third reading. CS FOR HOUSE BILL NO. 419(STA) am S will appear on the March 20 calendar. THIRD READING OF SENATE BILLS SB 226 CS FOR SENATE BILL NO. 226(FIN)(efd am) An Act relating to biennial registration of motor vehicles; imposing biennial registration fees on motor vehicles and setting the statutory amounts of a scheduled biennial municipal tax on motor vehicles; relating to motor vehicle emissions control programs; amending the effective date in sec. 7, ch. 56, SLA 1995; and providing for an effective date was read the third time. Senator Donley moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Senator Donley offered Amendment No. 2 : Page 1, lines 4 - 5: Delete "amending the effective date in sec. 7, ch. 56, SLA 1995;" Page 8, lines 16 - 18: Delete all material. 1996-03-18 Senate Journal Page 2781 SB 226 Renumber the following bill sections accordingly. Page 8, line 19: Delete "(a)" Page 8, lines 25 - 29: Delete all material. Senator Donley moved for the adoption of Amendment No. 2. Senator Frank objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSB 226(FIN)(efd am) Second Reading Amendment No. 2 YEAS: 16 NAYS: 2 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Frank, Pearce Excused: Adams, Green and so, Amendment No. 2 was adopted. CS FOR SENATE BILL NO. 226(FIN) am was automatically in third reading. The question being: Shall CS FOR SENATE BILL NO. 226(FIN) am An Act relating to biennial registration of motor vehicles; imposing biennial registration fees on motor vehicles and setting the statutory amounts of a scheduled biennial municipal tax on motor vehicles; relating to motor vehicle emissions control programs; and providing for an effective date pass the Senate? The roll was taken with the following result: 1996-03-18 Senate Journal Page 2782 SB 226 CSSB 226(FIN) am Third Reading - Final Passage Effective Dates YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Adams, Green and so, CS FOR SENATE BILL NO. 226(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 clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SB 232 CS FOR SENATE BILL NO. 232(FIN) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 232(FIN) An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals pass the Senate? The roll was taken with the following result: CSSB 232(FIN) Third Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Adams, Green 1996-03-18 Senate Journal Page 2783 SB 232 and so, CS FOR SENATE BILL NO. 232(FIN) passed the Senate and was referred to the Secretary for engrossment. HOUSE BILLS IN THIRD READING HB 42 SENATE CS FOR CS FOR HOUSE BILL NO. 42(FIN) which had been held to the March 18 calendar (page 2691) was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 42(FIN) An Act relating to absentee voting, to electronic transmission of absentee ballot applications, and to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term `state election' for purposes of absentee voting; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 42(FIN) Third Reading - On Reconsideration YEAS: 11 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Frank, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Torgerson, Zharoff Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Taylor Excused: Adams, Green and so, SENATE CS FOR CS FOR HOUSE BILL NO. 42(FIN) 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: 1996-03-18 Senate Journal Page 2784 HB 42 SCS CSHB 42(FIN) Effective Date Vote YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Adams, Green and so, the effective date clause was adopted and the bill was referred to the Secretary for engrossment. THIRD READING OF SENATE RESOLUTIONS SJR 39 CS FOR SENATE JOINT RESOLUTION NO. 39(RES) was read the third time. Senator Hoffman moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senator Hoffman was required to vote. The question being: Shall CS FOR SENATE JOINT RESOLUTION NO. 39(RES) Relating to the U.S. Environmental Protection Agency draft National Pollutant Discharge Elimination System general permit for placer mining in Alaska, pass the Senate? The roll was taken with the following result: CSSJR 39(RES) Third Reading - Final Passage YEAS: 16 NAYS: 2 EXCUSED: 2 ABSENT: 0 Yeas: Donley, Frank, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Duncan, Ellis Excused: Adams, Green 1996-03-18 Senate Journal Page 2785 SJR 39 and so, CS FOR SENATE JOINT RESOLUTION NO. 39(RES) passed the Senate. Senator Duncan gave notice of reconsideration. CITATIONS Honoring - The Alaska Folk Festival, Governor's Award for the Arts Representative(s) Elton, Robinson Senator(s) Duncan, Taylor, Ellis, Hoffman, Zharoff, Pearce, Salo, Lincoln, Leman, Kelly In Memoriam - Katie Ellanak Senator(s) Zharoff, Taylor, Hoffman, Duncan, Lincoln, Leman, Kelly Representative(s) Austerman In Memoriam - Dagmar White Senator(s) Zharoff, Taylor, Hoffman, Duncan, Lincoln, Leman, Kelly 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. UNFINISHED BUSINESS Senator Miller moved and asked unanimous consent that he be excused from a call of the Senate on March 20, through morning plane time. Without objection, Senator Miller was excused. SB 262 President Pearce added a Finance Committee referral to SENATE BILL NO. 262 An Act relating to management of game populations for maximum sustained yield for human harvest and providing for the replacement of areas closed to consumptive uses of game; relating to management of fish and game areas; and amending Rules 79(b) and 82(b)(2), Alaska Rules of Civil Procedure. The bill was referred to the Judiciary and Finance Committees. 1996-03-18 Senate Journal Page 2786 ANNOUNCEMENTS SB 255 Senator Leman, Chair, moved and asked unanimous consent that Uniform Rule No. 23 be waived on SENATE BILL NO. 255 An Act relating to the types of seafood promotions and promotional contracts that can be made by the board of the Alaska Seafood Marketing Institute for the Resources Committee meeting on March 20. Senator Duncan objected, then withdrew his objection. There being no further objections, it was so ordered. Announcements are at the end of the journal. ENGROSSMENT SB 226 CS FOR SENATE BILL NO. 226(FIN) am An Act relating to biennial registration of motor vehicles; imposing biennial registration fees on motor vehicles and setting the statutory amounts of a scheduled biennial municipal tax on motor vehicles; relating to motor vehicle emissions control programs; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 232 CS FOR SENATE BILL NO. 232(FIN) An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 241 SENATE BILL NO. 241 An Act relating to the use of studded tires on the Sterling Highway was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1996-03-18 Senate Journal Page 2787 HB 42 SENATE CS FOR CS FOR HOUSE BILL NO. 42(FIN) An Act relating to absentee voting, to electronic transmission of absentee ballot applications, and to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term `state election' for purposes of absentee voting; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. ENGROSSMENT AND ENROLLMENT SR 6 CS FOR SENATE RESOLUTION NO. 6(RES) Endorsing passage of S. 506 and H.R. 1580, measures making responsible changes in the Mining Law of 1872, was engrossed and enrolled, signed by the President and Secretary and the engrossed and enrolled copies transmitted to the Office of the Governor at 2:00 p.m., March 18, 1996. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., March 20, 1996. Without objection, the Senate adjourned at 12:17 p.m. Nancy Quinto Secretary of the Senate March 1996 1996-03-18 Senate Journal Page 2788 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. + indicates teleconference STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 MAR 18 MONDAY 1:30 PM SB 256SECOND CLASS CITY MAYOR + SB 229STATE TRAINING & EMPLOYMENT PROGRAM BILLS PREVIOUSLY HEARD MAR 20 WEDNESDAY 1:30 PM SB 294COMMUNITY MOVES TO DIFFERENT REAA HB 361CAP PROJ MATCHING GRANT FOR INDIAN RESERV SB 287UNINCORP. COMMUNITY MATCHING GRANTS BILLS PREVIOUSLY HEARD MAR 22 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 MAR 19 TUESDAY 9:30 AM SB 289MISC. LAWS RELATING TO RUNAWAY MINORS SB 303MANAGEMENT OF CONSTIT BUDGET RESERVE FUND BILLS PREVIOUSLY HEARD MAR 20 WEDNESDAY 9:00 AM SB 199ENVIRONMENTAL & HEALTH/SAFETY AUDITS HJR 5LIMITING TERMS OF STATE LEGISLATORS BILLS PREVIOUSLY HEARD OR SCHEDULED 1996-03-18 Senate Journal Page 2789 FINANCE CONTINUED MAR 21 THURSDAY 9:00 AM SB 181PROHIBITED HIGHWAY ADVERTISING HB 335BIG GAME COMMERCIAL SERVICES BOARD BILLS PREVIOUSLY HEARD OR SCHEDULED MAR 22 FRIDAY 9:00 AM SB 167DAY FINES & INFO FOR COLLECTING FINES SB 177CONCEALED HANDGUN PERMIT AMENDMENTS BILLS PREVIOUSLY HEARD OR SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAR 18 MONDAY 9:00 AM + SB 308PROHIBIT SAME SEX MARRIAGES MAR 20 WEDNESDAY 9:00 AM BILLS PREVIOUSLY HEARD SB 301POSTSECONDARY EDUCATION MAR 22 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAR 18 MONDAY 1:30 PM + SB 270JUVENILE OFFENDER PROCEEDINGS & RECORDS + SB 207REVENUE BONDS: WATER & WASTE PROJECTS + SB 279CHARITABLE GAMING SALMON AND RACE CLASSIC + HB 370LEGAL SERVICES PROVIDED AT PUBLIC EXPENSE MAR 20 WEDNESDAY 1:30 PM + SB 211VULNERABLE PEOPLE:NEGLECT/SUPPORT/ASSAULT + SB 277GAMING: FERRIES, VIDEO LOTTERY & MISC + SB 268PRETRIAL RELEASE FOR DRUG OFFENSES + SB 156MANDATORY MEDIATION:CHILD CUSTODY ISSUES MAR 22 FRIDAY 9:00 AM --NOTE TIME CHANGE-- + SB 188VIDEOTAPE INTERVIEW OF ABUSED MINOR + SB 257TAKING FISH OR GAME FOR PUBLIC SAFETY + SB 261UNEMPLOYMENT COMPENSATION ---------------------------------------- 1996-03-18 Senate Journal Page 2790 LABOR & COMMERCE FAHRENKAMP RM 203 MAR 19 TUESDAY 1:30 PM + SB 276CALCULATION OF UNEMPLOYMT INS BENEFITS + SB 229STATE TRAINING & EMPLOYMENT PROGRAM <PENDING REFERRAL> + SB 305REGULATION OF ACCOUNTANTS BILLS PREVIOUSLY HEARD MAR 21 THURSDAY 1:30 PM HB 369PROCUREMENT PREF FOR DISABLED HB 404BOARD OF CHIROPRACTORS BILLS PREVIOUSLY HEARD MAR 28 THURSDAY 1:30 PM SB 282REGULATION OF MANAGED CARE INS. PLANS SB 288ALASKA HEALTH PURCHASING ALLIANCE ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAR 18 MONDAY 3:30 PM + SB 201FIRE FIGHTING PERSONNEL EMPLOYMENT + SB 215OMNIBUS STATE AGENCY OPERATIONS & PROGRAM (ONLY SECTIONS 1-4, AND SECTIONS 9-10) BILLS PREVIOUSLY HEARD MAR 20 WEDNESDAY 3:30 PM + SB 247RESTRICT USE OF FISH & GAME FUND + HB 397FISH LANDING TAX/SEAFOOD MARKETING ASSMT. + SB 223APPROVE CLOSING SITUK TO MINERAL ENTRY + SB 255PROMOTION BY SEAFOOD MARKETING INSTITUTE <UNIFORM RULE 23 WAIVED> BILLS PREVIOUSLY HEARD MAR 22 FRIDAY 3:30 PM + SB 249REPEAL RESIDENT BROWN/GRIZZLY BEAR TAG + HB 58CHICKALOON FLATS CRITICAL HABITAT AREA BILLS PREVIOUSLY HEARD ---------------------------------------- 1996-03-18 Senate Journal Page 2791 RULES FAHRENKAMP RM 203 MAR 18 MONDAY 12:20 PM SB 159MENTAL HEALTH TREATMENT DECLARATIONS SB 196NAMING FERRY VESSEL KONIAG SB 278CREDITS AGAINST FEES AT ST HISTORICAL PKS SCR 25ALASKA HOME EDUCATION WEEK SJR 14CONFIRMATION OF BD MANAGING PERM FUND SJR 31VOTER APPROVAL:AK STATEHOOD ACT AMENDMENT SJR 32CONSTITUTIONAL DEFENSE COUNCIL ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAR 19 TUESDAY 3:30 PM SB 273NATIVE HANDICRAFTS & INSTATE PRODUCTS SB 304ELIGIBILITY FOR LONGEVITY BONUS HB 179LIMIT TERM OF COMMRS OF EDUC. & FISH/GAME BILLS PREVIOUSLY SCHEDULED: SB 191ELECTION CAMPAIGN FINANCE REFORM SB 141LEGISLATIVE ETHICS SB 275STATE PROCUREMENT PRACTICES & PROCEDURES <PENDING SUBCOMMITTEE ACTION> MAR 21 THURSDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAR 19 TUESDAY 1:30 PM HB 210PRIVATE MOTOR VEHICLE LICENSING/TESTING MAR 21 THURSDAY 1:30 PM FOLLOW-UP SESSION ON STATEWIDE TRANSPORTATION IMPROVEMENT PLAN 1996-1998 COMMISSIONER JOSEPH L. PERKINS DEPT OF TRANSPORTATION & PUBLIC FACILITIES BILLS PREVIOUSLY SCHEDULED FINANCE SUBCOMMITTEES COMMERCE & ECONOMIC DEVELOPMENT FAHRENKAMP RM 203 MAR 19 TUESDAY 8:00 AM AK SEAFOOD MARKETING INSTITUTE 1996-03-18 Senate Journal Page 2792 FINANCE SUBCOMMITTEES CONTINUED CORRECTIONS SENATE FINANCE 532 MAR 18 MONDAY 1:00 PM STATEWIDE OPERATIONS PART 4 -COMMUNITY CORRECTIONS DIRECTOR (CON'T) -PT. MACKENZIE REHABILITATION PROGRAM -COMMUNITY JAILS G.O. BOND PROPOSAL - NEW PRISON FACILITY MAR 19 TUESDAY 5:30 PM BUDGET CLOSE-OUT ---------------------------------------- EDUCATION SENATE FINANCE 532 MAR 21 THURSDAY 3:30 PM UNFINISHED BUSINESS BUDGET CLOSE-OUT ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 532 MAR 21 THURSDAY 5:00 PM SPILL PREVENTION AND RESPONSE STATEWIDE PUBLIC SERVICES ---------------------------------------- LAW SENATE FINANCE 532 MAR 21 THURSDAY 1:30 PM DEPARTMENT OF LAW OVERVIEW BY ATTORNEY GENERAL PROSECUTION CRIMINAL DIVISION LEGAL SERVICES CIVIL DIVISION OIL & GAS LITIGATION OIL & GAS SPECIAL PROJECTS EXXON VALDEZ LITIGATION ENVIRONMENTAL LAW ---------------------------------------- 1996-03-18 Senate Journal Page 2793 FINANCE SUBCOMMITTEES CONTINUED NATURAL RESOURCES SENATE FINANCE 532 MAR 19 TUESDAY 3:30 PM TO BE ANNOUNCED ---------------------------------------- UNIVERSITY OF ALASKA SENATE FINANCE 532 MAR 20 WEDNESDAY 2:00 PM UNIVERSITY OF ALASKA BUDGET - FIRST MEETING - JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 32 CAPITOL RM 120 MAR 18 MONDAY 3:00 PM --MEETING CANCELLED, RESCHEDULED TO 3/19-- HB 32PFD ADMINISTRATIVE PROCEEDINGS MAR 19 TUESDAY 3:00 PM HB 32PFD ADMINISTRATIVE PROCEEDINGS ---------------------------------------- SELECT COMMITTEE ON LEGISLATIVE ETHICS FAHRENKAMP RM 203 MAR 22 FRIDAY 1:00 PM 1:00 P.M.: FULL COMMITTEE 2:00 P.M.: SENATE SUBCOMMITTEE EXECUTIVE SESSION 3:00 P.M.: HOUSE SUBCOMMITTEE EXECUTIVE SESSION OTHER MEETINGS CHILDREN'S CAUCUS BUTROVICH ROOM 205 MAR 20 WEDNESDAY 12:00 PM --NOTE DATE CHANGE-- PRESENTATION: SUSAN CHRISTIE, EXECUTIVE DIRECTOR AMERICAN PUBLIC WELFARE ASSOCIATION: ORGANIZATIONAL IMPLICATIONS OF WELFARE REFORM 1996-03-18 Senate Journal Page 2794 MAJORITY CAUCUS BUTROVICH ROOM 205 MAR 19 TUESDAY 11:00 AM MAJORITY CAUCUS ---------------------------------------- JT TASK FORCE ON INTERNATIONAL TRADE FAHRENKAMP RM 203 MAR 20 WEDNESDAY 4:00 PM WORK SESSION ON DRAFT RESOLUTION