Legislature(1995 - 1996)

1996-03-25 Senate Journal

Full Journal pdf

1996-03-25                     Senate Journal                      Page 2857
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    NINETEENTH LEGISLATURE - SECOND SESSION                    
                                                                               
Juneau, Alaska                       Monday                                    
                                                                               
                               Seventy-eighth Day                              
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:12 a.m.                                                           
                                                                               
The roll showed seventeen members present.  Senators Halford,                  
Phillips, Rieger were absent.                                                  
                                                                               
The prayer was offered by the Chaplain, Lt. Hank Derka of the                  
Salvation Army.  Senator Zharoff moved and asked unanimous                     
consent that the prayer be spread.  Without objection, it was so               
ordered.                                                                       
                                                                               
Gracious Father in Heaven:                                                    
                                                                               
As our leaders gather here today, allow them                                  
wisdom in the decisions they need to make on                                   
behalf of Your people.  Grant them the strength to                             
endure the long day ahead.  Allow the leaders You                              
have appointed to focus upon the task at hand, that                            
their minds may not wander, but keep fast upon                                 
tasks which You have given them to accomplish                                  
today.  We pray this in the name of Christ Jesus.                              
                                               Amen.                           
                                                                               
Senator Frank led the Senate in the pledge of allegiance.                      
                                                                               
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Miller, Acting Majority Leader, moved and asked unanimous              
consent that the journals for the seventy-third, seventy-fourth,               
seventy-fifth, seventy-sixth and seventy-seventh legislative days be           
approved as certified by the Secretary.  Without objection, it was so          
ordered.                                                                       
                                                                               
                                      2857                                     

1996-03-25                     Senate Journal                      Page 2858
The presence of Senator Halford was noted.                                     
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
SR 5                                                                         
Message of March 25 was read, stating the Governor read the                    
following resolution and transmitted the engrossed and enrolled                
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
SENATE RESOLUTION NO. 5                                                       
Relating to the federal government's failure to abide                         
by the intent of the Alaska National Interest Lands                            
Conservation Act.                                                              
                                                                               
		Senate Resolve No. 5                                                         
                                                                               
SR 6                                                                         
Message of March 25 was read, stating the Governor read the                    
following resolution and transmitted the engrossed and enrolled                
copies to the Lieutenant Governors Office for permanent filing:                
                                                                               
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.                                                                   
                                                                               
		Senate Resolve No. 6                                                         
                                                                               
                                                                               
                           MESSAGES FROM THE HOUSE                           
                                                                               
Messages of March 22 were read, stating the House passed and                   
transmitted for consideration:                                                 
                                                                               
                        FIRST READING AND REFERENCE OF                        
                               HOUSE RESOLUTIONS                              
                                                                               
HJR 54                                                                       
CS FOR HOUSE JOINT RESOLUTION NO. 54(RES) am BY THE                            
HOUSE  RESOURCES COMMITTEE,                                                    
                                                                               

1996-03-25                     Senate Journal                      Page 2859
HJR 54                                                                       
Encouraging the lessees of Alaska's vast North                                
Slope natural gas reserves to reach agreement to                               
market gas, expressing the legislature's support for                           
an Alaska North Slope (ANS) gas transmission                                   
pipeline, and requesting the President of the United                           
States and the Governor of the State of Alaska to                              
publicly support and take action that will help                                
expedite the construction of that system.                                      
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
Senators Pearce, Lincoln, Frank were added as cross sponsors on the            
resolution.                                                                    
                                                                               
HJR 60                                                                       
CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) BY THE                               
HOUSE  RESOURCES COMMITTEE,                                                    
                                                                               
Relating to Revised Statute 2477 rights-of-way.                               
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
                  FIRST READING AND REFERENCE OF HOUSE BILLS                 
                                                                               
HB 63                                                                        
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 63  BY                                   
REPRESENTATIVES DAVIES, Bunde, Barnes, Willis, Elton,                          
Toohey, James, Nicholia, Brice, entitled:                                      
                                                                               
An Act relating to special request licenses                                   
depicting the sport of dog mushing.                                            
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
HB 316                                                                       
CS FOR HOUSE BILL NO. 316(FIN)(title am) BY THE HOUSE                          
FINANCE COMMITTEE, entitled:                                                   
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2860
HB 316                                                                       
An Act relating to civil liability for certain false                          
allegations or material misstatements of fact in a                             
civil pleading or proceeding, for certain improper                             
acts relating to signing a civil pleading, for certain                         
improper acts relating to civil pleadings or                                   
proceedings, for making an intentional false                                   
statement of a material fact, for acting on a civil                            
claim or defense without probable cause, or for                                
acting for a purpose other than proper adjudication                            
of a civil claim; amending Rules 13(e) and 82(b),                              
Alaska Rules of Civil Procedure; and providing for                             
an effective date.                                                             
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
HB 365                                                                       
HOUSE BILL NO. 365 BY REPRESENTATIVES BUNDE, James,                            
Brown, entitled:                                                               
                                                                               
An Act relating to the offense of possession of                               
tobacco by a minor.                                                            
                                                                               
was read the first time and referred to the State Affairs and Judiciary        
Committees.                                                                    
                                                                               
HB 386                                                                       
CS FOR HOUSE BILL NO. 386(JUD) BY THE HOUSE                                    
JUDICIARY COMMITTEE, entitled:                                                 
                                                                               
An Act relating to cruelty to animals and to the                              
power of first and second class boroughs to prohibit                           
cruelty to animals.                                                            
                                                                               
was read the first time and referred to the Community and Regional             
Affairs and Finance Committees.                                                
                                                                               
HB 450                                                                       
CS FOR HOUSE BILL NO. 450(FIN) BY THE HOUSE FINANCE                            
COMMITTEE, entitled:                                                           
                                                                               

1996-03-25                     Senate Journal                      Page 2861
HB 450                                                                       
An Act relating to trademarks; and providing for                              
an effective date.                                                             
                                                                               
was read the first time and referred to the Labor and Commerce and             
Finance Committees.                                                            
                                                                               
HB 466                                                                       
CS FOR HOUSE BILL NO. 466(FIN) am BY THE HOUSE                                 
FINANCE COMMITTEE, entitled:                                                   
                                                                               
An Act establishing the Adak Reuse Authority.                                 
                                                                               
was read the first time and referred to the Community and Regional             
Affairs and Finance Committees.                                                
                                                                               
HB 498                                                                       
HOUSE BILL NO. 498 BY THE HOUSE TRANSPORTATION                                 
COMMITTEE, entitled:                                                           
                                                                               
An Act naming the Bette Cato Bridge in Valdez.                                
                                                                               
was read the first time and referred to the Transportation Committee.          
                                                                               
                          STANDING COMMITTEE REPORTS                         
                                                                               
SB 112                                                                       
Forthcoming fiscal note (page 2803) for the Resources Committee                
Substitute for SENATE BILL NO. 112 An Act establishing a                       
discovery royalty credit for the lessees of state land drilling                
exploratory wells and making the first discovery of oil or gas in              
commercial quantities published today from Department of Natural               
Resources.                                                                     
                                                                               
SB 188                                                                       
The Judiciary Committee considered SENATE BILL NO. 188 An                      
Act relating to reports of suspected child abuse or neglect, and               
requiring that, as part of the investigation of the reports of suspected       
child abuse or neglect, all official interviews with children who are          
alleged to have been abused or neglected be videotaped and                     
recommended the Health, Education and Social Services Committee                
Substitute offered on page 2596 be adopted.  Signing do pass:                  
Senator Taylor, Chair, Senator Miller.  Signing will support when              
amended: Senator Green.  Signing do not pass: Senator Adams.                   

1996-03-25                     Senate Journal                      Page 2862
SB 188                                                                       
Fiscal notes for the committee substitute published today from                 
Department of Health and Social Services (3).  Zero fiscal note for            
the committee substitute published today from Department of Public             
Safety.  Previous fiscal note and zero fiscal notes apply.                     
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
SB 191                                                                       
Forthcoming fiscal note (page 2803) for the State Affairs Committee            
Substitute for SENATE BILL NO. 191 An Act relating to election                 
campaigns, election campaign financing, the oversight and regulation           
of election campaigns by the Alaska Public Offices Commission, the             
activities of lobbyists that relate to election campaigns, and the             
definitions of offenses of campaign misconduct; and providing for an           
effective date published today from Department of Law.                         
Forthcoming zero fiscal note for the committee substitute published            
today from Legislative Affairs Agency.                                         
                                                                               
SB 257                                                                       
The Judiciary Committee considered SENATE BILL NO. 257 An                      
Act relating to the taking of game or fish for public safety                   
purposes.  Signing do pass: Senator Taylor, Chair, Senators Green,             
Miller, Adams.                                                                 
                                                                               
Zero fiscal notes published today from Department of Public Safety             
(2).  Previous zero fiscal note applies.                                       
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 261                                                                       
The Judiciary Committee considered SENATE BILL NO. 261 An                      
Act relating to the release of employment security records; relating           
to an injunction or an employer's security for delinquent                      
unemployment insurance contributions; extending time periods for               
redeterminations and appeals for unemployment insurance; relating              
to the overpayment or the redetermination of unemployment                      
insurance benefits; relating to availability for work, seeking work,           
and the calculation of wages for unemployment insurance purposes;              
relating to voluntary federal tax withholding from unemployment                
insurance benefits; relating to the binding effect of unemployment             
compensation  decisions;  relating to the definition of `waiting week'         
                                                                               

1996-03-25                     Senate Journal                      Page 2863
SB 261                                                                       
for employment security purposes; and providing for an effective               
date.  Signing do pass: Senator Taylor, Chair, Senators Miller,                
Adams.                                                                         
                                                                               
Previous zero fiscal note.                                                     
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 270                                                                       
The Judiciary Committee considered SENATE BILL NO. 270 An                      
Act relating to juveniles; relating to the jurisdiction of juvenile            
courts; relating to the release of juveniles; and relating to records          
concerning juveniles and recommended it be replaced with                       
                                                                               
CS FOR SENATE BILL NO. 270(JUD), entitled:                                    
An Act relating to juveniles; relating to the                                 
jurisdiction of juvenile courts; and relating to the                           
release of juveniles.                                                          
                                                                               
Signing do pass: Senator Taylor, Chair, Senators Green, Miller.                
Signing do not pass: Senators Ellis, Adams.                                    
                                                                               
Fiscal note for the committee substitute published today from Alaska           
Court System.  Zero fiscal notes for the committee substitute                  
published today from Department of Health and Social Services,                 
Department of Law.  Fiscal note information forthcoming.                       
                                                                               
The bill was referred to the Finance Committee.                                
The presence of Senators Phillips, Rieger was noted.                           
                                                                               
SB 305                                                                       
The Labor and Commerce Committee considered SENATE BILL                        
NO. 305 An Act relating to the regulation of accountants; and                  
amending the effective date for sec. 6, ch. 62, SLA 1991 and                   
recommended it be replaced with                                                
                                                                               
CS FOR SENATE BILL NO. 305(L&C)                                               
                                                                               
Signing do pass: Senator Kelly, Chair, Senators Torgerson, Duncan,             
Salo.                                                                          

1996-03-25                     Senate Journal                      Page 2864
SB 305                                                                       
Fiscal note information forthcoming.                                           
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HB 104                                                                       
Forthcoming zero fiscal note (page 2538) for the Health, Education             
and Social Services Senate Committee Substitute for CS FOR                     
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104(JUD) am                              
An Act relating to disclosures of information about certain minors             
published today from Department of Public Safety.                              
                                                                               
HB 370                                                                       
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
370(JUD) An Act relating to the provision of legal services at                 
public expense and recommended it be replaced with                             
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
370(JUD)                                                                       
                                                                               
Signing do pass: Senator Taylor, Chair, Senator Miller.  Signing no            
recommendation: Senator Green.  Signing do not pass: Senator                   
Adams.                                                                         
                                                                               
Previous House zero fiscal notes apply.  Fiscal note information               
forthcoming.                                                                   
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
HB 523                                                                       
The Health, Education and Social Services Committee considered                 
HOUSE BILL NO. 523 An Act expressing the state's policy with                   
respect to sobriety.  Signing no recommendation: Senator Green,                
Chair.  Signing do pass: Senators Miller, Salo, Leman.                         
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SCR 25                                                                       
The Rules Committee considered SENATE CONCURRENT                               
RESOLUTION NO. 25 Relating to supporting home schooling and                    
establishing Alaska Home Education Week.  Signing to calendar:                 
Senator Miller, Chair, Senators Pearce, Duncan, Sharp.  Signing no             
recommendation: Senator Salo.                                                  

1996-03-25                     Senate Journal                      Page 2865
SCR 25                                                                       
The resolution is on today's calendar.                                         
                                                                               
SJR 37                                                                       
The Rules Committee considered SENATE JOINT RESOLUTION                         
NO. 37 Urging the United States Congress to give an affirmative                
expression of approval to a policy authorizing the state to regulate,          
restrict, or prohibit the export of unprocessed logs harvested from its        
land and from the land of its political subdivisions and the                   
University of Alaska.  Signing to calendar: Senator Miller, Chair,             
Senator Pearce.  Signing no recommendation: Senator Duncan.                    
Signing under other recommendations: Senator Salo.                             
                                                                               
The resolution is on today's calendar.                                         
                                                                               
SJR 38                                                                       
The Rules Committee considered SENATE JOINT RESOLUTION                         
NO. 38 Opposing the proposed expansion of the United States                    
Environmental Protection Agency's toxics release inventory program.            
Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan,           
Salo.                                                                          
                                                                               
The resolution is on today's calendar.                                         
                                                                               
SB 196                                                                       
The Rules Committee considered SENATE BILL NO. 196 An Act                      
naming the new maritime ferry vessel Koniag.  Signing to calendar:             
Senator Miller, Chair, Senators Duncan, Salo.  Signing no                      
recommendation: Senators Pearce, Sharp.                                        
                                                                               
The bill is on today's calendar.                                               
                                                                               
SB 300                                                                       
The Rules Committee considered SENATE BILL NO. 300 An Act                      
relating to the Uniform Commercial Code, primarily to investment               
securities; amending Rule 8(d), Alaska Rules of Civil Procedure; and           
providing for an effective date.  Signing to calendar: Senator Miller,         
Chair, Senators Duncan, Pearce.  Signing under other                           
recommendations: Senator Salo.                                                 
                                                                               
The bill is on today's calendar.                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2866
                          SPECIAL COMMITTEE REPORTS                          
                                                                               
HB 32                                                                        
The Conference Committee Report (page 2836) recommending the                   
adoption of:                                                                   
                                                                               
CONFERENCE CS FOR HOUSE BILL NO. 32                                           
An Act relating to administrative proceedings                                 
involving a determination of eligibility for a                                 
permanent fund dividend or authority to claim a                                
dividend on behalf of another; and providing for an                            
effective date.                                                                
                                                                               
was before the Senate.                                                         
                                                                               
Senator Halford moved that the Senate adopt the Conference                     
Committee Report, thus adopting CONFERENCE CS FOR HOUSE                        
BILL NO. 32.                                                                   
                                                                               
Senator Kelly moved that the motion to adopt the Conference                    
Committee Report be held to the next calendar.                                 
                                                                               
Senator Kelly moved and asked unanimous consent that he be                     
allowed to withdraw his motion.  Without objection, it was so                  
ordered.                                                                       
                                                                               
Senator Halford moved and asked unanimous consent that he be                   
allowed to withdraw his motion.  Without objection, it was so                  
ordered.                                                                       
                                                                               
                                                                               
                         INTRODUCTION AND REFERENCE OF                        
                              SENATE RESOLUTIONS                              
                                                                               
SJR 40                                                                       
SENATE JOINT RESOLUTION NO. 40 BY THE SENATE                                   
JUDICIARY COMMITTEE,                                                           
                                                                               
Relating to extension of the United States Forest                             
Service timber sale contract with the Ketchikan Pulp                           
Company.                                                                       
                                                                               
was read the first time and referred to the Judiciary Committee.               

1996-03-25                     Senate Journal                      Page 2867
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 196                                                                       
SENATE BILL NO. 196 An Act naming the new maritime ferry                       
vessel Koniag was read the second time.                                        
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
held to the March 26 calendar.  Without objection, it was so ordered.          
                                                                               
SENATE BILL NO. 196 will appear on the March 26 calendar.                      
                                                                               
SB 300                                                                       
SENATE BILL NO. 300 An Act relating to the Uniform                             
Commercial Code, primarily to investment securities; amending Rule             
8(d), Alaska Rules of Civil Procedure; and providing for an effective          
date was read the second time.                                                 
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
considered engrossed, advanced to third reading and placed on final            
passage.  Without objection, it was so ordered.                                
                                                                               
SENATE BILL NO. 300 was read the third time.                                   
                                                                               
The question being: Shall SENATE BILL NO. 300 An Act relating                  
to the Uniform Commercial Code, primarily to investment securities;            
amending Rule 8(d), Alaska Rules of Civil Procedure; and providing             
for an effective date pass the Senate?  The roll was taken with the            
following result:                                                              
                                                                               
SB 300                                                                         
Third Reading - Final Passage                                                  
Effective Date                                                                 
Court Rule                                                                     
                                                                               
YEAS:  19   NAYS:  0   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Salo,               
Sharp, Taylor, Torgerson, Zharoff                                              
                                                                               
Absent:  Lincoln                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2868
SB 300                                                                       
and so, SENATE BILL NO. 300 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 Halford moved and asked unanimous consent that the vote                
on the passage of the bill be considered the vote on the Court Rule            
change.  Without objection, it was so ordered, and the bill was                
referred to the Secretary for engrossment.                                     
                                                                               
                                                                               
                        THIRD READING OF SENATE BILLS                        
                                                                               
SB 89                                                                        
CS FOR SENATE BILL NO. 89(FIN) am was read the third time.                     
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 89(FIN) am                    
An Act relating to the members of the board and staff of the                   
Alaska Permanent Fund Corporation pass the Senate?  The roll                   
was taken with the following result:                                           
                                                                               
CSSB 89(FIN) am                                                                
Third Reading - Final Passage                                                  
                                                                               
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Green, Halford, Hoffman, Kelly, Leman,                   
Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor,              
Torgerson                                                                      
                                                                               
Nays:  Adams, Duncan, Ellis, Zharoff                                           
                                                                               
and so, CS FOR SENATE BILL NO. 89(FIN) am passed the Senate.                   
                                                                               
Senator Lincoln gave notice of reconsideration.                                
                                                                               
SB 193                                                                       
CS FOR SENATE BILL NO. 193(L&C) was read the third time.                       
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 193(L&C)                      
An Act requiring insurance coverage for certain costs of birth; and            
providing for an effective date pass the Senate?  The roll was                 
taken with the following result:                                               

1996-03-25                     Senate Journal                      Page 2869
SB 193                                                                       
                                                                               
CSSB 193(L&C)                                                                  
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Halford, Hoffman, Kelly,                  
Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Taylor,              
Torgerson, Zharoff                                                             
                                                                               
Nays:  Frank, Green, Sharp                                                     
                                                                               
and so, CS FOR SENATE BILL NO. 193(L&C) 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 Sharp gave notice of reconsideration.                                  
                                                                               
                                                                               
                        SENATE BILLS IN THIRD READING                        
                                                                               
SB 250                                                                       
CS FOR SENATE BILL NO. 250(FIN) am An Act relating to the                      
University of Alaska and to assets of the University of Alaska;                
authorizing the University of Alaska to select additional state public         
domain land, designating that land as `university trust land,' and             
describing the principles applicable to the land's management and the          
development of its resources; and defining the net income from the             
University of Alaska's endowment trust fund as `university receipts'           
subject to prior legislative appropriation was before the Senate in            
third reading with a motion pending to return to second for a                  
specific amendment, that being Amendment No. 2 (page 2842).                    
                                                                               
Senator Taylor renewed his motion.  Without objection, the bill was            
returned to second reading.                                                    
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2870
SB 250                                                                       
Senator Taylor offered Amendment No. 2 :                                        
                                                                               
Page 11, following line 5:                                                     
                                                                               
	Insert a new subsection to read:                                              
	"(c)  To the extent consistent with law, in contracts                        
for the harvest or removal of timber from university trust                     
land, the Board of Regents shall require the primary                           
manufacture of the timber before the timber is exported from                   
the state."                                                                    
                                                                               
Senator Taylor moved for the adoption of Amendment No. 2.                      
Senator Adams objected.                                                        
                                                                               
Senator Torgerson offered an amendment to Amendment No. 2:                     
                                                                               
Page 1, line 4:                                                                
                                                                               
Delete:  shall require the primary manufacture of                             
the timber before the timber is exported from the                              
state.                                                                         
                                                                               
Insert:  may regulate, restrict or prohibit the export                        
of unprocessed logs harvested from its lands.                                  
                                                                               
Senator Torgerson moved for the adoption of the amendment to                   
Amendment No. 2.  Senator Taylor objected.                                     
                                                                               
Senator Halford called the Senate.                                             
                                                                               
The call was satisfied.                                                        
#END                                                                           
                                                                               
The question being: Shall the amendment to Amendment No. 2 be                  
adopted?  The roll was taken with the following result:                        
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2871
SB 250                                                                       
                                                                               
CSSB 250(FIN) am                                                               
Second Reading                                                                 
Amendment to Amendment No. 2                                                   
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Rieger,            
Sharp, Torgerson                                                               
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, R.Phillips,             
Salo, Taylor, Zharoff                                                          
                                                                               
and so, the amendment to Amendment No. 2 failed.                               
                                                                               
The question being: Shall Amendment No. 2 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 250(FIN) am                                                               
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Leman, Lincoln,                  
R.Phillips, Salo, Taylor, Zharoff                                              
                                                                               
Nays:  Frank, Green, Halford, Kelly, Miller, Pearce, Rieger, Sharp,            
Torgerson                                                                      
                                                                               
and so, Amendment No. 2 was adopted.                                           
                                                                               
CS FOR SENATE BILL NO. 250(FIN) am was automatically in                        
third reading.                                                                 
                                                                               
Senator Taylor moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 3.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Taylor offered Amendment No. 3 :                                        
                                                                               
Page 12, lines 3- 15:                                                          
	Delete all material.                                                          

1996-03-25                     Senate Journal                      Page 2872
SB 250                                                                       
Renumber the following bill sections accordingly.                              
                                                                               
Page 14, lines 27- 28:                                                         
	Delete "secs. 5, 11, 12, and 16"                                              
	Insert  "secs. 5, 10, 11, and 15"                                             
                                                                               
Senator Taylor moved for the adoption of Amendment No. 3.                      
Senator Frank objected.                                                        
                                                                               
The question being: Shall Amendment No. 3 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 250(FIN) am                                                               
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Taylor, Zharoff                                                                
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Torgerson                                           
                                                                               
and so, Amendment No. 3 failed.                                                
                                                                               
CS FOR SENATE BILL NO. 250(FIN) am was automatically in                        
third reading.                                                                 
                                                                               
Senator Taylor moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 4.               
Senator Frank objected.                                                        
                                                                               
The question being: Shall the bill be returned to second reading for           
the purpose of a specific amendment?  The roll was taken with the              
following result:                                                              
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2873
SB 250                                                                       
                                                                               
CSSB 250(FIN) am                                                               
Return to Second for Specific Amendment                                        
                                                                               
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman,                  
Lincoln, Pearce, R.Phillips, Rieger, Salo, Taylor, Torgerson, Zharoff          
                                                                               
Nays:  Frank, Kelly, Leman, Miller, Sharp                                      
                                                                               
and so, the bill was returned to second reading.                               
                                                                               
Senator Taylor offered Amendment No. 4 :                                        
                                                                               
Page 12, following line 30:                                                    
	Insert a new bill section to read:                                            
   "* Sec. 13.  AS14.40.400(c) is amended to read:                           
	(c)  The net income from the trust fund shall be                             
used exclusively for the University of Alaska which, under                   
AS14.40.390, is designated the beneficiary of certain                          
federal land grants previously made to the Agricultural                      
College and School of Mines.  However, not less than 25                      
percent of the income earned by the trust fund from land                       
described in (a) of this section, and from the resources of                    
that land, is reserved for expenditure solely for the                          
benefit of the campus of the University of Alaska, as                          
defined by AS14.40.150(b), that is nearest to the land or                      
resource activity that generated the amounts deposited                         
under (a) of this section on which that income was                             
earned."                                                                     
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Senator Taylor moved for the adoption of Amendment No. 4.                      
Senator Frank objected.                                                        
                                                                               
The question being: Shall Amendment No. 4 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2874
SB 250                                                                       
                                                                               
CSSB 250(FIN) am                                                               
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Taylor,                 
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Salo, Sharp, Torgerson                                     
                                                                               
and so, Amendment No. 4 failed.                                                
                                                                               
CS FOR SENATE BILL NO. 250(FIN) am was automatically in                        
third reading.                                                                 
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 250(FIN)                      
am An Act relating to the University of Alaska and to assets of the            
University of Alaska; authorizing the University of Alaska to select           
additional state public domain land, designating that land as                  
`university trust land,' and describing the principles applicable to the       
land's management and the development of its resources; and                    
defining the net income from the University of Alaska's endowment              
trust fund as `university receipts' subject to prior legislative               
appropriation pass the Senate?  The roll was taken with the                    
following result:                                                              
                                                                               
CSSB 250(FIN) am                                                               
Third Reading - Final Passage                                                  
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Torgerson                                           
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Taylor, Zharoff                                                                
                                                                               
and so, CS FOR SENATE BILL NO. 250(FIN) am passed the                          
Senate.                                                                        
                                                                               

1996-03-25                     Senate Journal                      Page 2875
SB 250                                                                       
Senator Duncan gave notice of reconsideration.                                 
Senator Halford lifted the call.                                               
                                                                               
                                    RECESS                                   
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in recess to 5:30 p.m.  Without objection, the Senate recessed           
at 1:01 p.m.                                                                   
                                                                               
                                 AFTER RECESS                                
                                                                               
The Senate reconvened at 5:51 p.m.                                             
                                                                               
A second quorum was taken.  The roll showed twenty members                     
present.                                                                       
                                                                               
Senator Halford called the Senate on the remainder of the calendar.            
                                                                               
                                                                               
                   CONSIDERATION OF THE CALENDAR CONTINUED                   
                                                                               
                       RECONSIDERATION OF SENATE BILLS                       
                                                                               
SB 105                                                                       
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 which had been held from March 22 (page                  
2826) was before the Senate on reconsideration.                                
                                                                               
Senator Adams moved that the bill be returned to second reading for            
the purpose of a specific amendment, that being Amendment No. 1.               
Senator Halford objected, then withdrew his objection.  There being            
no further objections, the bill was returned to second reading.                
                                                                               

1996-03-25                     Senate Journal                      Page 2876
SB 105                                                                       
Senator Adams offered Amendment No. 1 :                                         
                                                                               
Page 1, line 7, following "Rule 9":                                          
	Insert "; and providing for an effective date"                              
                                                                               
Page 3, following line 2:                                                      
	Insert a new bill section to read:                                            
   "* Sec. 3.  AS18.16.010(a) is amended to read:                            
	(a)  An abortion may not be performed in this state                          
unless                                                                         
		(1)  the abortion is performed by a                                         
physician or surgeon licensed by the State Medical Board                       
under AS08.64.200;                                                             
		(2)  the abortion is performed in a hospital                                
or other facility approved for the purpose by the Department                   
of Health and Social Services or a hospital operated by the                    
federal government or an agency of the federal government;                     
		(3)  consent has been received from the                                   
parent or guardian of an unmarried woman less than 18                          
years of age ªBEFORE AN ABORTION IS KNOWINGLY                                
PERFORMED ON AN UNMARRIED, UNEMANCIPATED                                       
WOMAN UNDER 16 YEARS OF AGE, CONSENT HAS                                       
BEEN GIVEN ASREQUIRED UNDER AS18.16.020 OR                                     
A COURT HAS AUTHORIZED THE MINOR TO                                            
CONSENT TO THE ABORTION UNDER AS18.16.030                                      
AND THE MINOR CONSENTS; FOR PURPOSES OF                                        
ENFORCING THIS PARAGRAPH, THERE IS A                                           
REBUTTABLE PRESUMPTION THAT A WOMAN WHO                                        
IS UNMARRIED AND UNDER 16 YEARS OF AGE IS                                      
UNEMANCIPATEDß; and                                                            
		(4)  the woman is domiciled or physically                                   
present in the state for 30 days before the abortion."                         
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 3, following line 24:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 5.  AS18.16.010 is amended by adding a new subsection             
to read:                                                                       
	(h)  In this section, "abortion" means an operation                          
or procedure to terminate the pregnancy of a nonviable                         
fetus."                                                                        

1996-03-25                     Senate Journal                      Page 2877
SB 105                                                                       
Renumber the following bill sections accordingly.                              
                                                                               
Page 9, following line 4:                                                      
	Insert new bill sections to read:                                             
   "* Sec. 8.  AS44.21.410(a) is amended to read:                            
	(a)  The office of public advocacy shall                                     
		(1)  perform the duties of the public                                       
guardian under AS13.26.360 - 13.26.410;                                        
		(2)  provide visitors and experts in                                        
guardianship proceedings under AS13.26.131;                                    
		(3)  provide guardian ad litem services to                                  
children in child protection actions under AS47.17.030(e)                      
and to wards and respondents in guardianship proceedings                       
who will suffer financial hardship or become dependent upon                    
a government agency or a private person or agency if the                       
services are not provided at state expense under                               
AS13.26.112;                                                                   
		(4)  provide legal representation ªIN CASES                                 
INVOLVING JUDICIAL BYPASS PROCEDURES FOR                                       
MINORS SEEKING ABORTIONS UNDER AS18.16.030,ß                                   
in guardianship proceedings to respondents who are                             
financially unable to employ attorneys under                                   
AS13.26.106(b), to indigent parties in cases involving child                   
custody in which the opposing party is represented by                          
counsel provided by a public agency, to indigent parents or                    
guardians of a minor respondent in a commitment                                
proceeding concerning the minor under AS47.30.775;                             
		(5)  provide legal representation and                                       
guardian ad litem services under AS25.24.310; in cases                         
arising under AS47.15 (Uniform Interstate Compact on                           
Juveniles); in cases involving petitions to adopt a minor                      
under AS25.23.125(b) or petitions for the termination of                       
parental rights on grounds set out in AS25.23.180(c)(3); in                    
cases involving petitions to remove the disabilities of a                      
minor under AS09.55.590; in children's proceedings under                       
AS47.10.050(a); and in cases involving indigent persons                        
who are entitled to representation under AS18.85.100 and                       
who cannot be represented by the public defender agency                        
because of a conflict of interests;                                            
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2878
SB 105                                                                       
		(6)  develop and coordinate a program to                                    
recruit, select, train, assign, and supervise volunteer                        
guardians ad litem from local communities to aid in                            
delivering services in cases in which the office of public                     
advocacy is appointed as guardian ad litem;                                    
		(7)  provide guardian ad litem services in                                  
proceedings under AS12.45.046;                                                 
		(8)  establish a fee schedule and collect fees                              
for services provided by the office, except as provided in                     
AS18.85.120 or when imposition or collection of a fee is                       
not in the public interest as defined under regulations                        
adopted by the commissioner of administration;                                 
		(9)  provide visitors and guardians ad litem                                
in proceedings under AS47.30.839;                                              
		(10)  provide legal representation to indigent                              
parents under AS14.30.195(e).                                                  
   * Sec. 9.  Section 1 of this Act, AS18.16.010(e), 18.16.010(f),           
18.16.010(g), 18.16.020, 18.16.030, and 18.16.090 are repealed two             
years after the effective date of sec. 1 of this Act."                         
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 9, lines 6, 8, 12 and 14:                                                 
	Delete "sec. 4"                                                               
	Insert  "sec. 6"                                                              
                                                                               
Page 9, following line 16:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 15.  Sections 3, 5, and 8 of this Act take effect two years       
after the effective date of sec. 1 of this Act."                               
                                                                               
Senator Adams moved for the adoption of Amendment No. 1.                       
Senator Halford objected.                                                      
                                                                               
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2879
SB 105                                                                       
                                                                               
CSSB 105(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Frank, Green, Halford, Hoffman, Kelly,                   
Leman, Miller, Rieger, Sharp, Taylor                                           
                                                                               
Nays:  Duncan, Ellis, Lincoln, Pearce, R.Phillips, Salo, Torgerson,            
Zharoff                                                                        
                                                                               
Kelly changed from "Nay" to "Yea".                                             
Halford changed from "Nay" to "Yea".                                           
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
CS FOR SENATE BILL NO. 105(FIN) am was automatically in                        
third reading.                                                                 
                                                                               
The question to be reconsidered: Shall CS FOR SENATE BILL                      
NO. 105(FIN) am 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; and                
providing for an effective date pass the Senate?  The roll was                 
taken with the following result:                                               
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2880
SB 105                                                                       
                                                                               
CSSB 105(FIN) am                                                               
Third Reading - On Reconsideration                                             
Effective Date                                                                 
Court Rules                                                                    
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Hoffman, Kelly, Leman, Miller,                   
R.Phillips, Sharp, Taylor, Torgerson                                           
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Lincoln, Pearce, Rieger, Salo,            
Zharoff                                                                        
                                                                               
and so, CS FOR SENATE BILL NO. 105(FIN) am passed the                          
Senate on reconsideration.                                                     
                                                                               
Senator Halford moved for the adoption of the effective date clause.           
Senator Halford moved and asked unanimous consent to withdraw his              
previous motion.  Without objection, it was so ordered.                        
                                                                               
Senator Halford moved that the Senate rescind its previous action in           
passing CS FOR SENATE BILL NO.  105(FIN) am on                                 
reconsideration.                                                               
                                                                               
The question being:  Shall the Senate rescind its previous action in           
passing CS FOR SENATE BILL NO. 105(FIN) am?  The roll was                      
taken with the following result:                                               
                                                                               
CSSB 105(FIN) am                                                               
Rescind Previous Action                                                        
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger,            
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, the Senate rescinded its previous action.                              
                                                                               
CS FOR SENATE BILL NO. 105(FIN) am was before the Senate on                    
reconsideration.                                                               

1996-03-25                     Senate Journal                      Page 2881
SB 105                                                                       
Senator Halford moved and asked unanimous consent that the Senate              
return to second reading for the purpose of rescinding its previous            
action in adopting Amendment No. 1 (page 2879).  Senator Adams                 
objected, then withdrew his objection.  There being no further                 
objections, the bill was returned to second reading.                           
                                                                               
Senator Halford moved that the Senate rescind its previous action in           
adopting Amendment No. 1.                                                      
                                                                               
The question being: Shall the Senate rescind its previous action in            
adopting Amendment No. 1?  The roll was taken with the following               
result:                                                                        
                                                                               
CSSB 105(FIN) am                                                               
Rescind Previous Action                                                        
Amendment No. 1                                                                
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Salo, Sharp, Taylor, Torgerson                                     
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Rieger,                 
Zharoff                                                                        
                                                                               
and so, the Senate rescinded its previous action.                              
                                                                               
Senator Halford moved and asked unanimous consent that the record              
reflect the reference to CS FOR SENATE BILL NO. 250(FIN) am                    
(previous vote) be CS FOR SENATE BILL NO. 105(FIN) am.                         
Without objection, it was so ordered.                                          
                                                                               
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2882
SB 105                                                                       
                                                                               
CSSB 105(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  6   NAYS:  14   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Hoffman, Lincoln, Rieger                         
                                                                               
Nays:  Ellis, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,             
R.Phillips, Salo, Sharp, Taylor, Torgerson, Zharoff                            
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
CS FOR SENATE BILL NO. 105(FIN) was automatically in third                     
reading.                                                                       
                                                                               
The question to be reconsidered is: Shall 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 pass                
the Senate?  The roll was taken with the following result:                     
                                                                               
CSSB 105(FIN)                                                                  
Third Reading - On Reconsideration                                             
Court Rule Changes                                                             
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips,                
Sharp, Taylor, Torgerson                                                       
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Pearce,                 
Rieger, Salo, Zharoff                                                          
                                                                               
and so, CS FOR SENATE BILL NO. 105 (FIN) failed the Senate on                  
reconsideration and was referred to the Secretary for filing.                  
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2883
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SJR 37                                                                       
SENATE JOINT RESOLUTION NO. 37 Urging the United States                        
Congress to give an affirmative expression of approval to a policy             
authorizing the state to regulate, restrict, or prohibit the export of         
unprocessed logs harvested from its land and from the land of its              
political subdivisions and the University of Alaska, was read the              
second time.                                                                   
                                                                               
Senator Halford moved and asked unanimous consent that the                     
resolution be considered engrossed, advanced to third reading and              
placed on final passage.  Without objection, it was so ordered.                
                                                                               
SENATE JOINT RESOLUTION NO. 37 was read the third time.                        
                                                                               
The question being: Shall SENATE JOINT RESOLUTION NO. 37                       
Urging the United States Congress to give an affirmative expression            
of approval to a policy authorizing the state to regulate, restrict, or        
prohibit the export of unprocessed logs harvested from its land and            
from the land of its political subdivisions and the University of              
Alaska, pass the Senate?  The roll was taken with the following                
result:                                                                        
                                                                               
SJR 37                                                                         
Third Reading - Final Passage                                                  
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger,            
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, SENATE JOINT RESOLUTION NO. 37 passed the Senate                       
and was referred to the Secretary for engrossment.                             
                                                                               
SJR 38                                                                       
SENATE JOINT RESOLUTION NO. 38 Opposing the proposed                           
expansion of the United States Environmental Protection Agency's               
toxics release inventory program, was read the second time.                    
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2884
SJR 38                                                                       
Senator Halford moved and asked unanimous consent that the                     
resolution be considered engrossed, advanced to third reading and              
placed on final passage.  Without objection, it was so ordered.                
                                                                               
SENATE JOINT RESOLUTION NO. 38 was read the third time.                        
                                                                               
The question being: Shall SENATE JOINT RESOLUTION NO. 38                       
Opposing the proposed expansion of the United States Environmental             
Protection Agency's toxics release inventory program, pass the                 
Senate?  The roll was taken with the following result:                         
                                                                               
SJR 38                                                                         
Third Reading - Final Passage                                                  
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Frank, Green, Halford, Hoffman,                  
Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo,               
Sharp, Taylor, Torgerson, Zharoff                                              
                                                                               
Nays:  Ellis                                                                   
                                                                               
and so, SENATE JOINT RESOLUTION NO. 38 passed the Senate                       
and was referred to the Secretary for engrossment.                             
                                                                               
SCR 25                                                                       
SENATE CONCURRENT RESOLUTION NO. 25 was read the                               
second time.                                                                   
                                                                               
Senators Halford, Phillips, Pearce, Taylor, Leman, Sharp, Frank,               
Torgerson, Green, Donley moved and asked unanimous consent that                
they be shown as cosponsors on the resolution.  Without objection,             
it was so ordered.                                                             
                                                                               
The question being: Shall SENATE CONCURRENT RESOLUTION                         
NO. 25 Relating to supporting home schooling and establishing                  
Alaska Home Education Week, pass the Senate?  The roll was                     
taken with the following result:                                               
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2885
SCR 25                                                                       
                                                                               
SCR 25                                                                         
Second Reading - Final Passage                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger,            
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, SENATE CONCURRENT RESOLUTION NO. 25 passed the                         
Senate and was referred to the Secretary for engrossment.                      
                                                                               
                                                                               
                                  CITATIONS                                  
                                                                               
Honoring - Michelle Shelli Gordon                                              
Senator(s) Ellis, Donley, Pearce, Leman, Taylor, Duncan, Zharoff,              
Lincoln, Kelly, Rieger, Salo                                                   
Representative(s) Brown                                                        
                                                                               
Honoring - East Anchorage High Girls' Track and Field, 1995 State              
Champions                                                                      
Representative(s) B.Davis                                                      
Senator(s) Kelly, Green, Pearce, Leman, Taylor, Duncan, Zharoff,               
Donley, Ellis, Rieger, Lincoln, Salo                                           
                                                                               
Honoring - Erica L. Desa Jacobsson-Willard                                     
Senator(s) Duncan, Taylor, Lincoln, Zharoff, Donley, Kelly, Salo,              
Adams                                                                          
Representative(s) Elton, Robinson                                              
                                                                               
Commemorating - Women's History Month                                          
Representative(s) B.Davis                                                      
Senator(s) Kelly, Taylor, Lincoln, Duncan, Zharoff, Adams, Salo,               
Ellis, Pearce, Halford                                                         
                                                                               
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.                                 
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2886
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
SCR 25                                                                       
SENATE CONCURRENT RESOLUTION NO. 25 Relating to                                
supporting home schooling and establishing Alaska Home Education               
Week, was engrossed, signed by the President and Secretary and                 
transmitted to the House for consideration.                                    
                                                                               
SJR 37                                                                       
SENATE JOINT RESOLUTION NO. 37 Urging the United States                        
Congress to give an affirmative expression of approval to a policy             
authorizing the state to regulate, restrict, or prohibit the export of         
unprocessed logs harvested from its land and from the land of its              
political subdivisions and the University of Alaska, was engrossed,            
signed by the President and Secretary and transmitted to the House             
for consideration.                                                             
                                                                               
SJR 38                                                                       
SENATE JOINT RESOLUTION NO. 38 Opposing the proposed                           
expansion of the United States Environmental Protection Agency's               
toxics release inventory program, was engrossed, signed by the                 
President and Secretary and transmitted to the House for                       
consideration.                                                                 
                                                                               
SB 300                                                                       
SENATE BILL NO. 300 An Act relating to the Uniform                             
Commercial Code, primarily to investment securities; amending Rule             
8(d), Alaska Rules of Civil Procedure; and providing for an effective          
date was engrossed, signed by the President and Secretary and                  
transmitted to the House for consideration.                                    
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2887
                                 ADJOURNMENT                                 
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in adjournment until 11:00 a.m., March 26, 1996.  Without                
objection, the Senate adjourned at 6:58 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                            March 1996         

1996-03-25                     Senate Journal                      Page 2888
                                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 25                          MONDAY  1:30 PM                                
	SB 206WELFARE REFORM                                                         
	HB 272MUNICIPAL MOTOR VEHICLE TAX                                            
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
MAR 27                         WEDNESDAY  1:30 PM                              
	NO MEETING SCHEDULED                                                         
                                                                               
MAR 29                          FRIDAY  1:30 PM                                
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
MAR 25                          MONDAY  9:00 AM                                
+	HB 468APPROP: SUPPLEMENTAL & OTHERS                                         
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
MAR 26                          TUESDAY  8:00 AM                               
	CONTINUATION OF 3/25 MEETING                                                 
	HB 468APPROP: SUPPLEMENTAL & OTHERS                                          
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2889
                              FINANCE CONTINUED                              
MAR 26                          TUESDAY  9:00 AM                               
	HB 335BIG GAME COMMERCIAL SERVICES BOARD                                     
	SB  20ALASKA MUNICIPAL BASIC SERVICES PROGRAM                                
	SB  52CAPITAL PUNISHMENT FOR MURDER                                          
	SB 112DISCOVERY ROYALTY CREDIT                                               
	SB 152GEOGRAPHIC PAY DIFFERENTIALS                                           
	SB 163APPROVE U OF A DEBT FOR STUDENT HOUSING                                
	SB 199ENVIRONMENTAL & HEALTH/SAFETY AUDITS                                   
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
MAR 26                          TUESDAY  1:30 PM                               
	JT WITH SENATE & HOUSE TRANSPORTATION                                        
	PRESENTATION BY MONTANA RAIL LINK, INC.                                      
                                                                               
MAR 27                         WEDNESDAY  9:00 AM                              
	SB 244CALCULATION OF STATE AID TO EDUCATION                                  
	SB 230LEG APPROVE PERM'NT RECREAT'NL RESTRICT'N                              
	SB 259NO SUNSET FOR COMMISSION ON AGING                                      
	SB 289MISC. LAWS RELATING TO RUNAWAY MINORS                                  
	SB 303MANAGEMENT OF CONSTIT BUDGET RESERVE FUND                              
	SJR 30USE OF BUDGET RESERVE FUND                                             
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
MAR 28                         THURSDAY  9:00 AM                               
	SB 253INSURANCE FOR PROSTATE CANCER TESTING                                  
	SB 198HOMER AIRPORT CRITICAL HAB. AREA                                       
	SB  51DISPOSITION OF PERMANENT FUND INCOME                                   
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                                                                               
MAR 29                          FRIDAY  9:00 AM                                
	SB 265RECEIPTS OF TEST FISHING OPERATIONS                                    
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
MAR 25                          MONDAY  9:00 AM                                
	SB 215OMNIBUS STATE AGENCY OPERATIONS & PROGRAM                              
	(TESTIMONY ON SECS. 5 & 6 ONLY)                                              
	HB 523STATE'S POLICY ON SOBRIETY                                             
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2890
                     HEALTH, EDUCATION AND SOCIAL SERVICES                    
                                   CONTINUED                                  
MAR 27                         WEDNESDAY  9:00 AM                              
	PRESENTATIONS BY:                                                            
	ELAINE GRIFFIN (1995 NAT'L TEACHER OF YEAR)                                  
	BARBARA JEAN RENOUX (1996 AK TEACHER OF YEAR)                                
	--JT WITH (H) HES ON ABOVE ISSUE --                                          
	SB 215OMNIBUS STATE AGENCY OPERATIONS & PROGRAM                              
                                                                               
MAR 29                          FRIDAY  9:00 AM                                
	BILLS PREVIOUSLY HEARD                                                       
	SB 301POSTSECONDARY EDUCATION                                                
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
MAR 25                          MONDAY  1:30 PM                                
	BILLS PREVIOUSLY HEARD                                                       
+	SB 312LICENSEE BUYING LIQUOR FROM PACKAGE STORE                             
+	HB 392NATIVE VILLAGE CORPORATIONS                                           
+	SB 308PROHIBIT SAME SEX MARRIAGES                                           
+	HB 226BENEFIT DISCRIM BASED ON SPOUSE OR KIDS                               
                                                                               
MAR 27                         WEDNESDAY  1:30 PM                              
	BILLS PREVIOUSLY HEARD                                                       
+	SB 272SMALL CLAIMS CT JURISDICTION & PROCEDURE                              
+	HB 446NUISANCE INJUNCTION BY HOME RULE MUNI                                 
+	HB  57LICENSING REQUIREMENTS FOR DRIVERS                                    
+	HB 459TRUSTS & PROPERTY TRANSFERS IN TRUST                                  
                                                                               
MAR 29                          FRIDAY  1:30 PM                                
	BILLS PREVIOUSLY HEARD                                                       
+	SB 186LIMITED LIABILITY PARTNERSHIPS                                        
+	HB 308UNIFORM PROBATE CODE REVISIONS                                        
+	HB  75VEHICLE THEFT AND JOYRIDING                                           
+	HB  25CRIMINAL DISCOVERY RULES                                              
                    ----------------------------------------                   
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2891
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
MAR 26                          TUESDAY  1:30 PM                               
	HJR 62FED PURCHASE SURPLUS `95 CANNED SALMON                                 
	HB 502CONDUCTING AUCTIONS OF REAL PROPERTY                                   
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
MAR 28                         THURSDAY  1:30 PM                               
	SB 282REGULATION OF MANAGED CARE INS. PLANS                                  
	SB 288ALASKA HEALTH PURCHASING ALLIANCE                                      
	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
MAR 25                          MONDAY  3:30 PM                                
	BILLS HELD OVER FROM 3/20/96 AND 3/22/96:                                    
+	SB 223APPROVE CLOSING SITUK TO MINERAL ENTRY                                
+	SB 201FIRE FIGHTING PERSONNEL EMPLOYMENT                                    
+	SB 247RESTRICT USE OF FISH & GAME FUND                                      
+	HB 397FISH LANDING TAX/SEAFOOD MARKETING ASSMT.                             
+	HB  58CHICKALOON FLATS CRITICAL HABITAT AREA                                
                                                                               
MAR 27                         WEDNESDAY  3:30 PM                              
+	HJR 58REFORM THE ENDANGERED SPECIES ACT                                     
+	HJR 59NPDES PERMIT FOR COOK INLET OIL & GAS                                 
+	SB  42LIMITED ENTRY & UNITS OF GEAR                                         
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
MAR 29                          FRIDAY  3:30 PM                                
+	SB 307DUDE CREEK HABITAT AREA LAND EXCHANGE                                 
+	SB 311MARINE SAFETY EDUCATION PROGRAMS                                      
+	HB 539NAME CHANGE FOR SOIL AND WATER BOARD                                  
	<PENDING REFERRAL>                                                           
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
MAR 30                         SATURDAY  9:30 AM                               
	-- LOCATION CHANGE TO KETCHIKAN LIO --                                       
+	SB 285DISCRETE SALMON STOCK MANAGMNT & ASSESSMT                             
+	SB 192TRANSFER OF TONGASS NATL FOREST TO STATE                              
+	HB 265EXPORT OF DUNGENESS CRAB                                              
	<PENDING REFERRAL>                                                           
+	AWRTA LAWSUIT UPDATE                                                        
                    ----------------------------------------                   
                                                                               
                                                                               

1996-03-25                     Senate Journal                      Page 2892
                                    RULES                                    
                               FAHRENKAMP RM 203                               
MAR 25                          MONDAY  7:00 PM                                
	UPON ADJOURNMENT                                                             
	HB 179LIMIT TERM OF COMMRS OF EDUC. & FISH/GAME                              
	HB 292FISH & GAME ENFORCEMENT                                                
	SCR 21SUSPEND UNIFORM RULES FOR HB 292                                       
	SB 257TAKING FISH OR GAME FOR PUBLIC SAFETY                                  
	SB 261UNEMPLOYMENT COMPENSATION                                              
	SB 305REGULATION OF ACCOUNTANTS                                              
	HB 523STATE'S POLICY ON SOBRIETY                                             
                                                                               
MAR 26                          TUESDAY 0:00 AM                                
		-- UPON ADJOURNMENT --                                                       
	SB 308PROHIBIT SAME SEX MARRIAGES                                            
	<PENDING REFERRAL>                                                           
	SB 312LICENSEE BUYING LIQUOR FROM PACKAGE STORE                              
	<PENDING REFERRAL>                                                           
	HB 392NATIVE VILLAGE CORPORATIONS                                            
	<PENDING REFERRAL>                                                           
                                                                               
MAR 27                         WEDNESDAY  0:00 AM                              
	UPON ADJOURNMENT                                                             
	SB 211VULNERABLE PEOPLE:NEGLECT/SUPPORT/ASSAULT                              
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
MAR 26                          TUESDAY  3:30 PM                               
+	SB 273NATIVE HANDICRAFTS & INSTATE PRODUCTS                                 
	SJR 25PRISONER RIGHTS LIMITED TO FEDERAL RIGHTS                              
	BILLS PREVIOUSLY SCHEDULED:                                                  
	SB 141LEGISLATIVE ETHICS                                                     
	SB 231TITLE INSURANCE                                                        
	SB 275STATE PROCUREMENT PRACTICES & PROCEDURES                               
	(PENDING SUBCOMMITTEE ACTION)                                                
                                                                               
MAR 28                         THURSDAY  3:30 PM                               
+	HB 211VOTER REGISTRATION & ELECTIONS                                        
+	SB 182ELECTIONS ADMINISTRATION & VOTER REG'N                                
	SB 203TASK FORCE ON RECYCLING INDUSTRIES                                     
+	SB 280MANDATORY INCORP OF CERTAIN BOROUGHS                                  
+	SB 314RESTAURANT LIQUOR LICENSE OWNERSHIP                                   
	BILLS PREVIOUSLY SCHEDULED                                                   
                    ----------------------------------------                   
                                                                               

1996-03-25                     Senate Journal                      Page 2893
                                TRANSPORTATION                               
                               BUTROVICH ROOM 205                              
MAR 26                          TUESDAY  1:30 PM                               
	-- LOCATION CHANGE TO SENATE FINANCE 532 --                                  
JT WITH (H) TRA AND SENATE FINANCE                                             
	PRESENTATION BY MONTANA RAIL LINK, INC.                                      
	--TELECONFERENCE IS LISTEN ONLY--                                            
                                                                               
MAR 28                         THURSDAY  1:30 PM                               
+	SB 315ALASKA RAILROAD PROCUREMENT                                           
	HB 210PRIVATE MOTOR VEHICLE LICENSING/TESTING                                
	HB 411MOUNTAIN VIEW ROAD - GUSTAVUS                                          
                                                                               
                            FINANCE SUBCOMMITTEES                            
                                                                               
                                ADMINISTRATION                               
                                 BELTZ ROOM 211                                
MAR 27                         WEDNESDAY  3:30 PM                              
	DEPARTMENT OF ADMINISTRATION                                                 
	- OVERVIEW OF PROGRAMS                                                       
                    ----------------------------------------                   
                                                                               
                           HEALTH & SOCIAL SERVICES                          
                               SENATE FINANCE 532                              
MAR 28                         THURSDAY  4:00 PM                               
	HEALTH & SOCIAL SERVICES (CON'T.)                                            
	DIV. OF MENTAL HEALTH & DD SERVICES                                          
	DIV. OF ADMINISTRATIVE SERVICES                                              
	ADDITIONAL DISCUSSION, AS REQUIRED:                                          
	DIV. OF PUBLIC ASSISTANCE                                                    
	DIV. OF MEDICAL ASSISTANCE                                                   
	DIV. OF FAMILY & YOUTH SERVICES                                              
	DIV. OF PUBLIC HEALTH                                                        
	DIV. OF ALCOHOL & DRUG ABUSE                                                 
	SB 214APPROPRIATIONS FOR MENTAL HEALTH                                       
	                                                                             
                                                                               
                                OTHER MEETINGS                               
                                                                               
                               MAJORITY CAUCUS                               
                                                                               
MAR 25                          MONDAY  0:00 AM                                
	-- MEETING CANCELLED --                                                      
	UPON ADJOURNMENT                                                             
	MAJORITY CAUCUS