Legislature(1995 - 1996)

1996-03-28 Senate Journal

Full Journal pdf

1996-03-28                     Senate Journal                      Page 2935
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    NINETEENTH LEGISLATURE - SECOND SESSION                    
                                                                               
Juneau, Alaska                      Thursday                                   
                                                                               
                                Eighty-first Day                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:17 a.m.                                                           
                                                                               
The roll showed eighteen members present.  Senator Adams was                   
excused from a call of the Senate.  Senator Duncan was absent.                 
                                                                               
The prayer was offered by the Chaplain, Lt. Hank Derka of the                  
Salvation Army.  Senator Halford moved and asked unanimous                     
consent that the prayer be spread.  Without objection, it was so               
ordered.                                                                       
                                                                               
Senator Ellis led the Senate in the pledge of allegiance.                      
                                                                               
Our Lord in Heaven,                                                           
                                                                               
All praise and honor be unto You.  We, Your                                   
servants ask for Your wisdom and Your guidance in                              
the day ahead.  Allow us to keep our focus upon                                
that which is just and righteous, granting us the                              
integrity to stand fast against that which is                                  
improper, holding strong to our moral beliefs and                              
honoring those moral structures established by our                             
forefathers.                                                                   
                                                                               
We praise You for our health and ask You to be                                
with those who support us.  Grant these who                                    
support us health as we continue in the work before                            
us.  Allow us never to become a burden on our                                  
family, but be a blessing unto them.  Now, as we                               
continue with the day ahead, may all the glory and                             
honor be Yours.                                                                
                                                                               
In Christ's Name,                             Amen.                           
                                                                               
                                      2935                                     

1996-03-28                     Senate Journal                      Page 2936
                                CERTIFICATION                                
                                                                               
Senator Halford moved and asked unanimous consent that the journal             
for the eightieth legislative day be approved as certified by the              
Secretary.  Without objection, it was so ordered.                              
                                                                               
The presence of Senator Duncan was noted.                                      
                                                                               
                                                                               
                           MESSAGES FROM THE HOUSE                           
                                                                               
SB 266                                                                       
Message of March 27 was read, stating the House passed and                     
returned:                                                                      
                                                                               
SENATE BILL NO. 266                                                           
An Act relating to the Creamer's Field Goose                                  
Classic.                                                                       
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
Message of March 27 was read, stating the House passed and                     
transmitted for consideration:                                                 
                                                                               
                        FIRST READING AND REFERENCE OF                        
                               HOUSE RESOLUTIONS                              
                                                                               
HCR 32                                                                       
HOUSE CONCURRENT RESOLUTION NO. 32 BY THE HOUSE                                
LABOR AND COMMERCE COMMITTEE,                                                  
                                                                               
Establishing YUKLA 27 Remembrance Day.                                        
                                                                               
was read the first time and referred to the State Affairs Committee.           
                                                                               
                  FIRST READING AND REFERENCE OF HOUSE BILLS                 
                                                                               
HB 73                                                                        
CS FOR HOUSE BILL NO. 73(L&C) BY THE HOUSE LABOR                               
AND COMMERCE COMMITTEE, entitled:                                              

1996-03-28                     Senate Journal                      Page 2937
HB 73                                                                        
An Act relating to licensure of manicurists.                                  
                                                                               
was read the first time and referred to the Labor and Commerce and             
Finance Committees.                                                            
                                                                               
HB 329                                                                       
HOUSE BILL NO. 329 am BY REPRESENTATIVES BUNDE,                                
Grussendorf, Ogan, entitled:                                                   
                                                                               
An Act providing for restitution to the state for the                         
unlawful taking of game.                                                       
                                                                               
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
HB 447                                                                       
CS FOR HOUSE BILL NO. 447(RES) BY THE HOUSE                                    
RESOURCES COMMITTEE, entitled:                                                 
                                                                               
An Act relating to traditional means of access for                            
traditional outdoor uses and to the classification and                         
the sale, lease, or other disposal of state land, water,                       
or land and water.                                                             
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
Senator Halford was added as a cross sponsor on the bill.                      
                                                                               
HB 465                                                                       
CS FOR HOUSE BILL NO. 465(HES) am BY THE HOUSE                                 
HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE,                               
entitled:                                                                      
                                                                               
An Act relating to employment of teachers and                                 
school administrators and to public school collective                          
bargaining.                                                                    
                                                                               
was read the first time and referred to the Health, Education and              
Social Services Committee.                                                     
                                                                               

1996-03-28                     Senate Journal                      Page 2938
HB 542                                                                       
CS FOR HOUSE BILL NO. 542(FSH) BY THE HOUSE SPECIAL                            
COMMITTEE ON FISHERIES, entitled:                                              
                                                                               
An Act relating to participation in matters before                            
the Board of Fisheries by members of the board.                                
                                                                               
was read the first time and referred to the Community and Regional             
Affairs, State Affairs, Resources and Finance Committees.                      
                                                                               
                                                                               
                          STANDING COMMITTEE REPORTS                         
                                                                               
SJR 30                                                                       
The Finance Committee considered SENATE JOINT RESOLUTION                       
NO. 30 Proposing amendments to the Constitution of the State of                
Alaska relating to the budget reserve fund.  Signing do pass:                  
Senator Frank, Cochair, Senators Rieger, Sharp.  Signing no                    
recommendation:  Senator Halford, Cochair, Senators Phillips,                  
Donley.                                                                        
                                                                               
Previous fiscal note.                                                          
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 42                                                                        
The Resources Committee considered SPONSOR SUBSTITUTE FOR                      
SENATE BILL NO. 42 An Act allowing a person to hold more                       
than one entry permit for certain fisheries and amending the                   
definition of `unit of gear' for purposes of the commercial fisheries          
limited entry program; and providing for an effective date.  Signing           
no recommendation:  Senator Leman, Chair, Senators Hoffman,                    
Pearce.  Signing do pass:  Senator Taylor.                                     
                                                                               
Zero fiscal note published today from Department of Fish and Game.             
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
                                                                               

1996-03-28                     Senate Journal                      Page 2939
SB 52                                                                        
The Finance Committee considered SPONSOR SUBSTITUTE FOR                        
SENATE BILL NO. 52 An Act authorizing capital punishment,                      
classifying murder in the first degree as a capital felony, and                
establishing sentencing procedures for capital felonies; authorizing an        
advisory vote on instituting capital punishment; and providing for an          
effective date and recommended the Judiciary Committee Substitute              
offered on page 2706 be adopted.  Signing do pass:  Senators Frank,            
Halford, Cochairs, Senators Phillips, Sharp.  Signing no                       
recommendation:  Senators Rieger, Zharoff.                                     
                                                                               
Zero fiscal notes for the Judiciary Committee Substitute published             
today from Department of Public Safety, Alaska Court System.                   
Previous fiscal note.                                                          
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 198                                                                       
The Finance Committee considered SENATE BILL NO. 198 An                        
Act establishing the Homer Airport Critical Habitat Area and                   
recommended it be replaced with                                                
                                                                               
CS FOR SENATE BILL NO. 198(FIN)                                               
(forthcoming)                                                                 
                                                                               
Signing do pass:  Senators Frank, Halford, Cochairs, Senator Rieger.           
Signing no recommendation:  Senator Phillips.                                  
                                                                               
Zero fiscal note for the Resources Committee Substitute (page 2735)            
published March 14 from Department of Fish and Game and                        
previous zero fiscal note apply to the Finance Committee Substitute.           
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 201                                                                       
Corrected Resources Committee report received today for SENATE                 
BILL NO. 201 (page 2900) An Act relating to the employment of                  
emergency fire-fighting personnel by the commissioner of natural               
resources.  Recommended it be replaced with                                    
                                                                               
CS FOR SENATE BILL NO. 201(RES)                                               

1996-03-28                     Senate Journal                      Page 2940
SB 207                                                                       
The Judiciary Committee considered SENATE BILL NO. 207 An                      
Act authorizing the issuance and sale of revenue bonds to fund                 
public wastewater systems, nonpoint source water pollution control             
projects, including solid waste management systems, and estuary                
conservation and management projects; authorizing the use of the               
Alaska clean water fund to pay and secure the bonds and to pay                 
costs related to issuance and administration of the bonds; authorizing         
certain measures to secure payment of the bonds; and amending                  
Alaska Rule of Civil Procedure 3 and recommended it be replaced                
with                                                                           
                                                                               
CS FOR SENATE BILL NO. 207(JUD)                                               
                                                                               
Signing do pass:  Senator Taylor, Chair, Senator Adams.  Signing no            
recommendation:  Senators Green, Miller.                                       
                                                                               
Fiscal note information forthcoming.                                           
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
SB 230                                                                       
The Finance Committee considered SENATE BILL NO. 230 An                        
Act providing that state land, water, and land and water may not be            
classified so as to preclude or restrict traditional means of access for       
traditional recreational uses and recommended it be replaced with              
                                                                               
CS FOR SENATE BILL NO. 230(FIN), entitled:                                    
An Act relating to management of state land,                                  
water, and land and water as part of a state park,                             
recreational or special management area, or preserve;                          
relating to reports to the legislature concerning                              
prohibitions or restrictions of traditional means of                           
access for traditional recreational uses within a park,                        
recreational or special management area, or preserve;                          
relating to Chilkat State Park; and relating to Denali                         
State Park.                                                                    
                                                                               
Signing do pass:  Senators Halford, Frank, Cochairs, Senator Sharp.            
Signing no recommendation:  Senators Rieger, Phillips, Zharoff.                
                                                                               

1996-03-28                     Senate Journal                      Page 2941
SB 230                                                                       
Fiscal note for the committee substitute published today from                  
Department of Natural Resources.                                               
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 247                                                                       
The Resources Committee considered SENATE BILL NO. 247 An                      
Act relating to the fish and game fund; amending Rules 79(b) and               
82(b)(2), Alaska Rules of Civil Procedure; and providing for an                
effective date and recommended it be replaced with                             
                                                                               
CS FOR SENATE BILL NO. 247(RES), entitled:                                    
An Act restricting the use of certain funds                                   
deposited in the fish and game fund; amending                                  
Rules 79(b) and 82(b)(2), Alaska Rules of Civil                                
Procedure, and relating to the powers and duties of                            
the commissioner of fish and game; and providing                               
for an effective date.                                                         
                                                                               
Signing no recommendation:  Senator Leman, Chair, Senator Lincoln.             
Signing do pass:  Senators Pearce, Halford, Taylor.                            
                                                                               
Fiscal note information forthcoming.                                           
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
SB 259                                                                       
The Finance Committee considered SENATE BILL NO. 259 An                        
Act removing the requirement for sunset review of the Alaska                   
Commission on Aging; and providing for an effective date and                   
recommended it be replaced with                                                
                                                                               
CS FOR SENATE BILL NO. 259(FIN), entitled:                                    
An Act extending the termination date of the                                  
Alaska Commission on Aging; and providing for an                               
effective date.                                                                
                                                                               
Signing do pass:  Senator Frank, Cochair, Senators Phillips, Zharoff,          
Sharp.  Signing do pass HESS version:  Senator Halford.  Signing               
no recommendation:  Senators Rieger, Donley.                                   

1996-03-28                     Senate Journal                      Page 2942
SB 259                                                                       
Zero fiscal note for the committee substitute published today from             
Department of Administration.                                                  
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HB 397                                                                       
The Resources Committee considered CS FOR SPONSOR                              
SUBSTITUTE FOR HOUSE BILL NO. 397(FIN) An Act relating                         
to the fisheries resource landing tax and to the seafood marketing             
assessment; and providing for an effective date.  Signing do pass:             
Senator Leman, Chair, Senators Hoffman, Lincoln.  Signing no                   
recommendation:  Senators Taylor, Pearce.                                      
                                                                               
Previous House fiscal notes.                                                   
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
HB 446                                                                       
The Judiciary Committee considered HOUSE BILL NO. 446 am An                    
Act allowing home rule municipalities to bring actions for certain             
injunctive relief relating to nuisances.  Signing do pass:  Senator            
Taylor, Chair, Senators Green, Miller.  Signing no recommendation:             
Senators Ellis, Adams.                                                         
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HB 459                                                                       
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
459(JUD) am An Act relating to the jurisdiction governing a trust,             
to challenges to trusts or property transfers in trust, to the validity        
of trust interests, and to transfers of certain trust interests.  Signing      
do pass:  Senator Taylor, Chair, Senators Green, Miller.  Signing no           
recommendation:  Senator Ellis.                                                
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               

1996-03-28                     Senate Journal                      Page 2943
                         INTRODUCTION AND REFERENCE OF                        
                              SENATE RESOLUTIONS                              
                                                                               
SCR 28                                                                       
SENATE CONCURRENT RESOLUTION NO. 28 BY THE                                     
SENATE RULES COMMITTEE,                                                        
                                                                               
Authorizing a recess by the Senate and the House of                           
Representatives for a period of more than three                                
days.                                                                          
                                                                               
was read the first time.                                                       
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SCR 28                                                                       
Senator Halford moved that the resolution be taken up at this time.            
Without objection, SENATE CONCURRENT RESOLUTION NO. 28                         
was read the second time and was before the Senate on final                    
passage.                                                                       
                                                                               
The question being: Shall SENATE CONCURRENT RESOLUTION                         
NO. 28 Authorizing a recess by the Senate and the House of                     
Representatives for a period of  more than three days, pass the                
Senate?  The roll was taken with the following result:                         
                                                                               
SCR 28                                                                         
Second Reading - Final Passage                                                 
                                                                               
YEAS:  17   NAYS:  0   EXCUSED:  1   ABSENT:  2                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly,                  
Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Taylor,              
Torgerson, Zharoff                                                             
                                                                               
Excused:  Adams                                                                
                                                                               
Absent:  Frank, Sharp                                                          
                                                                               
and so, SENATE CONCURRENT RESOLUTION NO. 28 passed the                         
Senate and was referred to the Secretary for engrossment.                      
                                                                               
                                                                               

1996-03-28                     Senate Journal                      Page 2944
                  INTRODUCTION AND REFERENCE OF SENATE BILLS                 
                                                                               
SB 318                                                                       
SENATE BILL NO. 318 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
An Act authorizing, approving, and ratifying the                              
amendment of Northstar Unit oil and gas leases                                 
between the State of Alaska and BP Exploration                                 
(Alaska) Inc.; and providing for an effective date.                            
                                                                               
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
Fiscal note published today from Department of Natural Resources.              
                                                                               
First Amendment to the Northstar Unit Leases Between the State of              
Alaska and BP Exploration (Alaska) Inc. will appear in Senate and              
House Joint Journal Supplement No. 21.                                         
                                                                               
Governor's transmittal letter dated March 25:                                  
                                                                               
Dear President Pearce:                                                         
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution,          
I am transmitting a bill providing for legislative authorization,              
approval, and ratification of the "First Amendment to the Northstar            
Unit Leases Between the State of Alaska and BP Exploration                     
(Alaska) Inc.".                                                                
                                                                               
This project is the beginning of a new era in the development of               
Alaskas oil resources.  It requires a new commitment to Alaska hire,           
expands opportunities for Alaskan companies, introduces efficient and          
safe technological innovations and brings new revenues to Alaskans.            
                                                                               
The Northstar Unit leases currently require BP Exploration (Alaska)            
Inc. to make net profit share payments to the state which average              
about 88% of "net profits."  BP Exploration (Alaska) Inc. maintains            
that it can not develop the Northstar Unit unless the net profit share         
requirements are eliminated from the leases.  The Department of                
Natural Resources believes that 2002 is the earliest the state might           
achieve development of Northstar.  The longer it takes to develop              

1996-03-28                     Senate Journal                      Page 2945
SB 318                                                                       
the leases, the less the state receives because of the development             
account provisions of the net profit share leases.  The incentives             
provided in this amendment would bring the Northstar Unit into full            
production by 1999.                                                            
                                                                               
The amendment has three main components.  First, it eliminates the             
net profit share payments.  In place of the net profit provision a             
supplemental royalty is required, payable on a sliding scale based on          
the price of oil, partially adjusted for inflation.  This supplemental         
royalty, which can be as much as 7%, is in addition to the 20%                 
base royalty required under the leases.  Development of these leases           
will generate an estimated $430 million or more to the state treasury          
from royalties and taxes, including an estimated $37 million in                
supplemental royalties.                                                        
                                                                               
Second, the amendment commits BP Exploration (Alaska) Inc. to an               
ambitious project schedule that requires construction start-up by              
1997.  If BP Exploration (Alaska) Inc. fails to perform its obligations        
under the project schedule the leases terminate automatically, thereby         
allowing the state to lease the tracts to another company.                     
                                                                               
And third, the amendment replaces the current Alaska hire provisions           
in the leases with more forceful provisions that require BP                    
Exploration (Alaska) Inc. to hire Alaskans, within the constraints of          
the law, and to contract with local construction and fabrication               
companies to build the project facilities.  It is anticipated that             
enactment of this bill will generate 500 construction jobs and 50              
permanent jobs in the state. It will result in Alaska companies                
fabricating production modules, including one or more of the first             
sealift modules ever constructed in Alaska.                                    
                                                                               
I am requesting legislative approval of the Northstar amendment for            
two reasons.  First, the terms of this amendment involve issues of             
statewide interest and impact that deserve a thorough and open                 
public review and discussion.                                                  
                                                                               
Second, the bill would remove any legal cloud which may exist over             
the Administrations authorities in this matter by providing the                
commissioner of the Department of Natural Resources with sufficient            
express authority to amend the leases in the way we have amended               

1996-03-28                     Senate Journal                      Page 2946
SB 318                                                                       
them here.  This will ensure that the project can proceed                      
expeditiously and maximize the benefits to the state and the people            
of Alaska.                                                                     
                                                                               
I urge your prompt and favorable action on the bill.                           
                                                                               
						Sincerely,                                                               
						/s/                                                                      
						Tony Knowles                                                             
						Governor                                                                 
                                                                               
SB 319                                                                       
SENATE BILL NO. 319 BY THE SENATE FINANCE                                      
COMMITTEE, entitled:                                                           
                                                                               
An Act relating to the lapse of unexpended                                    
balances of one-year appropriations; and providing                             
for an effective date.                                                         
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
SB 312                                                                       
Senator Halford moved and asked unanimous consent that SENATE                  
BILL NO. 312 An Act relating to purchase of an alcoholic                       
beverage from a package store be placed at the bottom of todays                
calendar.  Without objection, it was so ordered.                               
                                                                               
                                                                               
                        THIRD READING OF SENATE BILLS                        
                                                                               
SB 308                                                                       
SENATE BILL NO. 308 An Act clarifying a statute relating to                    
persons who may legally marry; relating to same-sex marriages; and             
providing for an effective date was read the third time.                       
                                                                               
Senator Kelly called the Senate.  President Pearce stated the call was         
satisfied.                                                                     

1996-03-28                     Senate Journal                      Page 2947
SB 308                                                                       
The question being: Shall SENATE BILL NO. 308 An Act                           
clarifying a statute relating to persons who may legally marry;                
relating to same-sex marriages; and providing for an effective date            
pass the Senate?  The roll was taken with the following result:                
                                                                               
SB 308                                                                         
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  16   NAYS:  3   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Green, Halford, Hoffman, Kelly, Leman,                   
Lincoln, Miller, Pearce, R.Phillips, Salo, Sharp, Taylor, Torgerson,           
Zharoff                                                                        
                                                                               
Nays:  Duncan, Ellis, Rieger                                                   
                                                                               
Excused:  Adams                                                                
                                                                               
and so, SENATE BILL NO. 308 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 Ellis gave notice of reconsideration.                                  
                                                                               
Senator Kelly lifted the call.                                                 
                                                                               
                                                                               
                                    RECESS                                   
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in recess to 12:45 p.m..  Without objection, the Senate recessed         
at 12:15 p.m.                                                                  
                                                                               
                                 AFTER RECESS                                
                                                                               
The Senate reconvened at 12:54 p.m.                                            
                                                                               
                                                                               

1996-03-28                     Senate Journal                      Page 2948
                                  CITATIONS                                  
                                                                               
Honoring - Alaska Womens Conference                                            
Representative(s) Robinson                                                     
Senator(s) Duncan, Lincoln, Pearce, Salo, Adams, Hoffman, Ellis,               
Zharoff, Donley, Taylor, Kelly, Rieger                                         
                                                                               
Honoring - Service High Hockey Team                                            
Representative(s) Parnell                                                      
Senator(s) Rieger, R. Phillips, Pearce, Hoffman, Duncan, Zharoff,              
Lincoln, Leman, Sharp, Donley, Taylor, Kelly, Salo, Green                      
                                                                               
In Memoriam - Mary G. McClure                                                  
Senator(s) Green, Pearce, Hoffman, Duncan, Zharoff, Lincoln, Leman,            
Sharp, Taylor, Kelly, Halford, Salo, Rieger                                    
                                                                               
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.                                 
                                                                               
                                                                               
                        SENATE BILLS IN SECOND READING                       
                                                                               
SB 312                                                                       
SENATE BILL NO. 312 An Act relating to purchase of an                          
alcoholic beverage from a package store which had been held in                 
second reading (page 2926) was before the Senate.                              
                                                                               
Senator Donley offered Amendment No. 1:                                        
                                                                               
Page 1, line 1:                                                                
	Delete "relating to purchase of an alcoholic beverage from                   
a package store"                                                              
	Insert "repealing a requirement that a wholesaler be a                       
primary source of supply for an alcoholic beverage and                         
authorizing purchase of an alcoholic beverage from a package                   
store if the alcoholic beverage was obtained from a person                     
licensed as a wholesaler"                                                     
                                                                               
                                                                               

1996-03-28                     Senate Journal                      Page 2949
SB 312                                                                       
Page 1, lines 9 - 10:                                                          
     Delete "as a primary source of supply for the alcoholic beverage          
being purchased, sold, or offered for sale; ªORß"                              
     Insert "; ªAS A PRIMARY SOURCE OF SUPPLY FOR THE                      
ALCOHOLIC BEVERAGE BEING PURCHASED, SOLD, OR                                   
OFFERED FOR SALE; ORß"                                                         
                                                                               
Page 1, lines 12 - 13:                                                         
     Delete "as a primary source of supply"                                
                                                                               
Senator Donley moved and asked unanimous consent for the                       
adoption of Amendment No. 1.  Senator Taylor objected.                         
                                                                               
Senator Rieger called the Senate.  President Pearce stated the call            
was satisfied.                                                                 
                                                                               
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SB 312                                                                         
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  6   NAYS:  13   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Ellis, Frank, Lincoln, Pearce, Rieger                           
                                                                               
Nays:  Duncan, Green, Halford, Hoffman, Kelly, Leman, Miller,                  
R.Phillips, Salo, Sharp, Taylor, Torgerson, Zharoff                            
                                                                               
Excused:  Adams                                                                
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
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. 312 was read the third time.                                   
                                                                               
The question being: Shall SENATE BILL NO. 312 An Act relating                  
to purchase of an alcoholic beverage from a package store pass the             
Senate?  The roll was taken with the following result:                         

1996-03-28                     Senate Journal                      Page 2950
SB 312                                                                       
                                                                               
SB 312                                                                         
Third Reading - Final Passage                                                  
                                                                               
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman,                  
Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo,               
Sharp, Taylor, Torgerson, Zharoff                                              
                                                                               
Excused:  Adams                                                                
                                                                               
and so, SENATE BILL NO. 312 passed the Senate.                                 
                                                                               
Senator Donley gave notice of reconsideration.                                 
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
SB 318                                                                       
Senator Leman, Chair, moved and asked unanimous consent that                   
Uniform Rule No. 23 be waived on SENATE BILL NO. 318 An                        
Act authorizing, approving, and ratifying the amendment of Northstar           
Unit oil and gas leases between the State of Alaska and BP                     
Exploration (Alaska) Inc.; and providing for an effective date for             
the Resources Committee meeting on March 29.  Without objection,               
it was so ordered.                                                             
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
SCR 28                                                                       
SENATE CONCURRENT RESOLUTION NO. 28 Authorizing a                              
recess by the Senate and the House of Representatives for a period             
of  more than three days, was engrossed, signed by the President and           
Secretary and transmitted to the House for consideration.                      
                                                                               
                                                                               

1996-03-28                     Senate Journal                      Page 2951
                                 ADJOURNMENT                                 
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in adjournment until 11:00 a.m., March 29, 1996.  Without                
objection, the Senate adjourned at 1:28 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                            March 1996         

1996-03-28                     Senate Journal                      Page 2952
                                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 29                          FRIDAY  1:30 PM                                
	NO MEETING SCHEDULED                                                         
                                                                               
APR 01                          MONDAY  1:30 PM                                
	NO MEETING SCHEDULED                                                         
                                                                               
APR 03                         WEDNESDAY  1:30 PM                              
	HB 466ADAK REUSE AUTHORITY                                                   
	HB 322GRANTS FOR HOUSING FOR DISASTER VICTIMS                                
	HB 386CRUELTY TO ANIMALS                                                     
                                                                               
APR 05                          FRIDAY  1:30 PM                                
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
MAR 28                         THURSDAY  8:30 AM                               
	SB 253INSURANCE FOR PROSTATE CANCER TESTING                                  
	SB 198HOMER AIRPORT CRITICAL HAB. AREA                                       
	SB  51DISPOSITION OF PERMANENT FUND INCOME                                   
	SJR 30USE OF BUDGET RESERVE FUND                                             
	SB 289MISC. LAWS RELATING TO RUNAWAY MINORS                                  
	SB 259NO SUNSET FOR COMMISSION ON AGING                                      
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                                                                               
                                                                               

1996-03-28                     Senate Journal                      Page 2953
                              FINANCE CONTINUED                              
MAR 29                          FRIDAY  8:00 AM                                
	HB 468APPROP: SUPPLEMENTAL & OTHERS                                          
                                                                               
MAR 29                          FRIDAY  9:00 AM                                
	SB 152GEOGRAPHIC PAY DIFFERENTIALS                                           
	SB 265RECEIPTS OF TEST FISHING OPERATIONS                                    
	SB  51DISPOSITION OF PERMANENT FUND INCOME                                   
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                                                                               
APR 01                          MONDAY  9:00 AM                                
	HB 468APPROP: SUPPLEMENTAL & OTHERS                                          
                                                                               
APR 02                          TUESDAY  9:00 AM                               
	SB 253INSURANCE FOR PROSTATE CANCER TESTING                                  
	SB 244CALCULATION OF STATE AID TO EDUCATION                                  
	SB 270JUVENILE OFFENDER PROCEEDINGS & RECORDS                                
	HB 335BIG GAME COMMERCIAL SERVICES BOARD                                     
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 03                         WEDNESDAY  9:00 AM                              
	SB 247RESTRICT USE OF FISH & GAME FUND                                       
	SB 262MANAGEMENT OF FISH/GAME POPULATION & AREA                              
	SB 280MANDATORY INCORP OF CERTAIN BOROUGHS                                   
	HB 158CIVIL LIABILITY                                                        
	HB 212TIMBER MANAGEMENT & STATE LAND CLASSIF.                                
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 04                         THURSDAY  9:00 AM                               
	SB  98PERSONAL RESPONSIBILITY ACT                                            
	SB 229STATE TRAINING & EMPLOYMENT PROGRAM                                    
	SB 303MANAGEMENT OF CONSTIT BUDGET RESERVE FUND                              
	HB 272MUNICIPAL MOTOR VEHICLE TAX                                            
	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
MAR 29                          FRIDAY  9:00 AM                                
	BILLS PREVIOUSLY HEARD                                                       
	SB 301POSTSECONDARY EDUCATION                                                
                                                                               
APR 01                          MONDAY  9:00 AM                                
+	HB 465TEACHERS/ADMINISTRATORS/COLL. BARGAINING                              
+	HB 540HEALTH CARE DATA; BIRTH REGISTRATIONS                                 
	BILLS PREVIOUSLY HEARD                                                       

1996-03-28                     Senate Journal                      Page 2954
                HEALTH, EDUCATION & SOCIAL SERVICES CONTINUED                
APR 03                         WEDNESDAY  9:00 AM                              
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 05                          FRIDAY  9:00 AM                                
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
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                                              
                                                                               
APR 01                          MONDAY  1:30 PM                                
+	SJR 40EXTENSION OF KETCHIKAN PULP CO. CONTRACT                              
                                                                               
APR 03                         WEDNESDAY  1:30 PM                              
	BILLS PREVIOUSLY HEARD                                                       
+	SB 238CRUELTY TO ANIMALS                                                    
+	HB 520INQUESTS, CORONERS, POST MORTEMS, ETC.                                
+	HB 314VIOLATING DOMESTIC VIOLENCE ORDERS                                    
+	HB 333BAR MEMBERSHIP:PUBLIC DEFENDER/ADVOCATE                               
+	SB 263COPYRIGHT ROYALTIES AND LICENSING                                     
                                                                               
APR 05                          FRIDAY  1:30 PM                                
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
MAR 28                         THURSDAY  1:30 PM                               
+	SB 282REGULATION OF MANAGED CARE INS. PLANS                                 
+	SB 288ALASKA HEALTH PURCHASING ALLIANCE                                     
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 02                          TUESDAY  1:30 PM                               
	JT WITH (H) L&C RE:  LOCAL HIRE                                              
                                                                               
APR 04                         THURSDAY  1:30 PM                               
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               

1996-03-28                     Senate Journal                      Page 2955
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
MAR 29                          FRIDAY  3:30 PM                                
+	SB 307DUDE CREEK HABITAT AREA LAND EXCHANGE                                 
+	SB 318NORTH STAR OIL & GAS LEASE AMENDMENT                                  
	<UNIFORM RULE 23 WAIVED>                                                     
	BILLS PREVIOUSLY HEARD                                                       
+	SB 311MARINE SAFETY EDUCATION PROGRAMS                                      
	<BILL POSTPONED>                                                             
+	HB 539NAME CHANGE FOR SOIL AND WATER BOARD                                  
	<BILL POSTPONED>                                                             
                                                                               
MAR 30                         SATURDAY  9:30 AM                               
	-- MEETING POSTPONED --                                                      
+	SB 285DISCRETE SALMON STOCK MANAGMNT & ASSESSMT                             
+	SB 192TRANSFER OF TONGASS NATL FOREST TO STATE                              
+	HB 265EXPORT OF DUNGENESS CRAB                                              
+	AWRTA LAWSUIT UPDATE                                                        
                                                                               
MAR 30                         SATURDAY 10:00 AM                               
	SB 318NORTH STAR OIL & GAS LEASE AMENDMENT                                   
	(IF NECESSARY)                                                               
                                                                               
APR 01                          MONDAY  3:30 PM                                
+	HJR 60RS 2477 HIGHWAY RIGHTS OF WAY                                         
	BILLS HELD OVER FROM FRIDAY, MARCH 29:                                       
+	SB 311MARINE SAFETY EDUCATION PROGRAMS                                      
+	HB 539NAME CHANGE FOR SOIL AND WATER BOARD                                  
	BILLS PREVIOUSLY HEARD:                                                      
+	HJR 58REFORM THE ENDANGERED SPECIES ACT                                     
                                                                               
APR 03                         WEDNESDAY  3:30 PM                              
+	HB 357FISH & GAME:LICENSES & RESIDENCY                                      
+	HB 329RESTITUTION FOR CERTAIN GAME VIOLATIONS                               
	BILLS PREVIOUSLY HEARD:                                                      
+	SB 284FOUR DAM POOL & POWER DEVELOPMENT FUND                                
+	SB 180VALUE-ADDED TIMBER SALES; MARKETING                                   
                                                                               
APR 05                          FRIDAY  3:30 PM                                
	NO MEETING SCHEDULED                                                         
                                                                               
APR 08                          MONDAY  3:30 PM                                
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                                                               

1996-03-28                     Senate Journal                      Page 2956
                                    RULES                                    
                               FAHRENKAMP RM 203                               
MAR 28                         THURSDAY  1:30 PM                               
	SB 112DISCOVERY ROYALTY CREDIT                                               
	SB 163APPROVE U OF A DEBT FOR STUDENT HOUSING                                
                                                                               
MAR 29                          FRIDAY  0:00 AM                                
	UPON ADJOURNMENT                                                             
	SB  42LIMITED ENTRY & UNITS OF GEAR                                          
	SB  52CAPITAL PUNISHMENT FOR MURDER                                          
	SB 198HOMER AIRPORT CRITICAL HAB. AREA                                       
	SB 230LEG APPROVE PERM'NT RECREAT'NL RESTRICT'N                              
	SB 259NO SUNSET FOR COMMISSION ON AGING                                      
	SJR 30USE OF BUDGET RESERVE FUND                                             
	HB 446NUISANCE INJUNCTION BY HOME RULE MUNI                                  
	HB 459TRUSTS & PROPERTY TRANSFERS IN TRUST                                   
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
MAR 28                         THURSDAY  3:30 PM                               
	SB 141LEGISLATIVE ETHICS                                                     
	SB 275STATE PROCUREMENT PRACTICES & PROCEDURES                               
+	SB 314RESTAURANT LIQUOR LICENSE OWNERSHIP                                   
+	HB 211VOTER REGISTRATION & ELECTIONS                                        
+	SB 182ELECTIONS ADMINISTRATION & VOTER REG'N                                
	SB 203TASK FORCE ON RECYCLING INDUSTRIES                                     
	BILLS PREVIOUSLY SCHEDULED                                                   
                                                                               
APR 02                          TUESDAY  3:30 PM                               
	SB 256SECOND CLASS CITY MAYOR                                                
	SB 306G.O. BONDS FOR CORRECTIONAL FACILITIES                                 
	HB 365MINOR IN POSSESSION OF TOBACCO                                         
	BILLS PREVIOUSLY SCHEDULED                                                   
                                                                               
APR 04                         THURSDAY  3:30 PM                               
	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                               BUTROVICH ROOM 205                              
MAR 28                         THURSDAY  1:30 PM                               
+	SB 315ALASKA RAILROAD PROCUREMENT                                           
	HB 210PRIVATE MOTOR VEHICLE LICENSING/TESTING                                
	HB 411MOUNTAIN VIEW ROAD - GUSTAVUS                                          
                                                                               

1996-03-28                     Senate Journal                      Page 2957
                           TRANSPORTATION CONTINUED                          
APR 02                          TUESDAY  1:30 PM                               
+	SB 313ALASKA INTERNATIONAL AIRPORT AUTHORITY                                
	HB 498BETTY CATO BRIDGE IN VALDEZ                                            
	BILLS PREVIOUSLY SCHEDULED                                                   
                                                                               
APR 04                         THURSDAY  1:30 PM                               
	NO MEETING SCHEDULED                                                         
                                                                               
                            FINANCE SUBCOMMITTEES                            
                                                                               
                                ADMINISTRATION                               
                                 BELTZ ROOM 211                                
APR 03                         WEDNESDAY  4:00 PM                              
	DEPT. OF ADMINISTRATION                                                      
	FY 97 BUDGET RECOMMENDATIONS                                                 
                    ----------------------------------------                   
                                                                               
                       COMMERCE & ECONOMIC DEVELOPMENT                       
                               FAHRENKAMP RM 203                               
APR 01                          MONDAY  8:00 AM                                
	BUDGET CLOSE-OUT                                                             
                                                                               
APR 10                         WEDNESDAY  8:00 AM                              
	BUDGET CLOSE-OUT                                                             
                    ----------------------------------------                   
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                               BUTROVICH ROOM 205                              
APR 02                          TUESDAY  8:00 AM                               
	DEPT. OF COMMUNITY & REGIONAL AFFAIRS                                        
	FY 97 BUDGET RECOMMENDATIONS                                                 
                    ----------------------------------------                   
                                                                               
                                 CORRECTIONS                                 
                               SENATE FINANCE 532                              
APR 01                          MONDAY  2:00 PM                                
	PROPOSED FY 97 BUDGET                                                        
	PRESENTED BY FINANCE SUBCOMMITTEE                                            
                                                                               
APR 03                         WEDNESDAY  1:30 PM                              
	DEPT.'S RESPONSE TO PROPOSED FY 97 BUDGET                                    
                                                                               
APR 10                         WEDNESDAY  5:00 PM                              
	FY 97 BUDGET CLOSE-OUT                                                       
                    ----------------------------------------                   

1996-03-28                     Senate Journal                      Page 2958
                       FINANCE SUBCOMMITTEES CONTINUED                       
                                 COURT SYSTEM                                
                               SENATE FINANCE 532                              
APR 09                          TUESDAY  3:30 PM                               
	HEARING                                                                      
                                                                               
APR 11                         THURSDAY  3:30 PM                               
	CLOSE-OUTS                                                                   
                    ----------------------------------------                   
                                                                               
                                  EDUCATION                                  
                               SENATE FINANCE 532                              
APR 01                          MONDAY  3:30 PM                                
	PROPOSED FY 97 BUDGET                                                        
	PRESENTED BY FINANCE SUBCOMMITTEE                                            
                                                                               
APR 02                          TUESDAY  5:00 PM                               
	-- LOCATION CHANGE TO BUTROVICH RM 205 --                                    
	DEPT.'S RESPONSE TO PROPOSED FY 97 BUDGET                                    
                                                                               
APR 11                         THURSDAY  3:30 PM                               
	FY 97 BUDGET CLOSE-OUT                                                       
                    ----------------------------------------                   
                                                                               
                          ENVIRONMENTAL CONSERVATION                         
                               SENATE FINANCE 532                              
APR 01                          MONDAY  3:00 PM                                
	PROPOSED FY 97 BUDGET                                                        
	PRESENTED BY FINANCE SUBCOMMITTEE                                            
                                                                               
APR 03                         WEDNESDAY  5:00 PM                              
	-- LOCATION CHANGE TO FAHRENKAMP RM 203 --                                   
	DEPT.'S RESPONSE TO PROPOSED FY 97 BUDGET                                    
                                                                               
APR 11                         THURSDAY  5:00 PM                               
	FY 97 BUDGET CLOSE-OUT                                                       
                    ----------------------------------------                   
                                                                               
                                 FISH & GAME                                 
                               FAHRENKAMP RM 203                               
APR 02                          TUESDAY  8:00 AM                               
	BUDGET CLOSE-OUT                                                             
                                                                               
APR 11                         THURSDAY  8:00 AM                               
	BUDGET CLOSE-OUT                                                             
                    ----------------------------------------                   

1996-03-28                     Senate Journal                      Page 2959
                       FINANCE SUBCOMMITTEES CONTINUED                       
                           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                                       
	                                                                             
                                                                               
APR 04                         THURSDAY  1:30 PM                               
	CLOSE-OUTS                                                                   
                    ----------------------------------------                   
                                                                               
                                    LABOR                                    
                                 BELTZ ROOM 211                                
APR 01                          MONDAY  8:00 AM                                
	DEPT. OF LABOR                                                               
	FY 97 BUDGET RECOMMENDATIONS                                                 
                    ----------------------------------------                   
                                                                               
                                     LAW                                     
                               SENATE FINANCE 532                              
APR 11                         THURSDAY  1:30 PM                               
	CLOSE-OUTS                                                                   
                    ----------------------------------------                   
                                                                               
                         MILITARY & VETERANS AFFAIRS                         
                                 BELTZ ROOM 211                                
APR 02                          TUESDAY  3:00 PM                               
	DEPT. OF MILITARY & VETERANS' AFFAIRS                                        
	REVIEW DRAFT FY 97 BUDGET CLOSEOUT                                           
                    ----------------------------------------                   
                                                                               
                                                                               

1996-03-28                     Senate Journal                      Page 2960
                       FINANCE SUBCOMMITTEES CONTINUED                       
                              NATURAL RESOURCES                              
                               SENATE FINANCE 532                              
APR 01                          MONDAY  2:30 PM                                
	PROPOSED FY 97 BUDGET                                                        
	PRESENTED BY FINANCE SUBCOMMITTEE                                            
                                                                               
APR 02                          TUESDAY  3:30 PM                               
	-- LOCATION CHANGE TO BUTROVICH RM 205 --                                    
	DEPT.'S RESPONSE TO PROPOSED FY 97 BUDGET                                    
                                                                               
APR 10                         WEDNESDAY  1:30 PM                              
	FY 97 BUDGET CLOSE-OUT                                                       
                    ----------------------------------------                   
                                                                               
                                PUBLIC SAFETY                                
                               SENATE FINANCE 532                              
APR 02                          TUESDAY  3:30 PM                               
	SECOND MEETING                                                               
                    ----------------------------------------                   
                                                                               
                                   REVENUE                                   
                               FAHRENKAMP RM 203                               
APR 01                          MONDAY  3:30 PM                                
	BUDGET CLOSE-OUT                                                             
                    ----------------------------------------                   
                                                                               
                      TRANSPORTATION & PUBLIC FACILITIES                     
                               SENATE FINANCE 532                              
APR 03                         WEDNESDAY  3:30 PM                              
	SECOND MEETING