Legislature(1995 - 1996)

1996-04-16 Senate Journal

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1996-04-16                     Senate Journal                      Page 3257
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    NINETEENTH LEGISLATURE - SECOND SESSION                    
                                                                               
Juneau, Alaska                      Tuesday                                    
                                                                               
                               One Hundredth Day                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:44 a.m.                                                           
                                                                               
The roll showed eighteen members present.  Senators Ellis, Frank               
were absent.                                                                   
                                                                               
The prayer was offered by the Chaplain, the Reverend Wayne                     
Coggins of the Cornerstone Family Ministries.  Senator Hoffman                 
moved and asked unanimous consent that the prayer be spread.                   
Without objection, it was so ordered.                                          
                                                                               
Thank You, Lord, for another promise-filled spring                            
day in Alaska.  Taxes are filed, willows are                                   
sprouting mouse-ear sized leaves, the kings are                                
coming, and many of the thousands of man hours of                              
work that have gone into this Nineteenth Legislature                           
funnel down to the decisions made in these next                                
few weeks.                                                                     
                                                                               
We acknowledge, Lord, that with all of our                                    
education, degrees and experience, one thing we                                
cannot do is see even five minutes into the future.                            
Therefore, we depend on Your vantage point of the                              
affairs of men and women and on Your willingness                               
to direct our steps if we will only ask with                                   
expectant faith.                                                               
                                                                               
Today, we ask that You'll give wisdom to each                                 
legislator so that the laws enacted in the days ahead                          
will, indeed, be for the common good of the people                             
of Alaska.  May history show that these daily                                  
pauses to ask for Divine assistance were not just                              
empty rituals.                                  Amen.                          
                                                                               
                                      3257                                     

1996-04-16                     Senate Journal                      Page 3258
Senator Zharoff led the Senate in the pledge of allegiance.                    
                                                                               
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Halford moved and asked unanimous consent that the journal             
for the ninety-ninth legislative day be approved as certified by the           
Secretary.  Without objection, it was so ordered.                              
                                                                               
                                                                               
                           MESSAGES FROM THE HOUSE                           
                                                                               
SJR 39                                                                       
Message of April 15 was read, stating the House passed and                     
returned:                                                                      
                                                                               
CS FOR SENATE JOINT RESOLUTION NO.                                            
39(RES)                                                                        
Relating to the U.S. Environmental Protection                                 
Agency draft National Pollutant Discharge                                      
Elimination System general permit for placer mining                            
in Alaska.                                                                     
                                                                               
The resolution was referred to the Secretary for enrollment.                   
                                                                               
HJR 54                                                                       
Message of April 15 was read, stating the House concurred in the               
Senate amendment to CS FOR HOUSE JOINT RESOLUTION NO.                          
54(RES) am, thus adopting:                                                     
                                                                               
SENATE CS FOR CS FOR HOUSE JOINT                                              
RESOLUTION NO. 54(RES)                                                         
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.                                      
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3259
Message of April 15 was read, stating the House passed and                     
transmitted for consideration:                                                 
                                                                               
                  FIRST READING AND REFERENCE OF HOUSE BILLS                 
                                                                               
HB 434                                                                       
CS FOR HOUSE BILL NO. 434(L&C) BY THE HOUSE LABOR                              
AND COMMERCE COMMITTEE, entitled:                                              
                                                                               
An Act relating to unclaimed property; and                                    
providing for an effective date.                                               
                                                                               
was read the first time and referred to the Labor and Commerce                 
Committee.                                                                     
                                                                               
HB 526                                                                       
CS FOR HOUSE BILL NO. 526(FIN) am BY THE HOUSE                                 
FINANCE COMMITTEE, entitled:                                                   
                                                                               
An Act relating to the financing authority,                                   
programs, operations, and projects of the Alaska                               
Industrial Development and Export Authority;                                   
providing an exemption from the procurement code                               
for certain projects of the authority; and providing                           
for an effective date.                                                         
                                                                               
was read the first time and referred to the Transportation and                 
Finance Committees.                                                            
                                                                               
The presence of Senator Ellis was noted.                                       
                                                                               
                                                                               
                          STANDING COMMITTEE REPORTS                         
                                                                               
SB 70                                                                        
Forthcoming fiscal notes (page 3228) for the Finance Committee                 
Substitute for SENATE BILL NO. 70 An Act relating to the public                
school foundation program; and providing for an effective date                 
published today from Department of Education (2).                              
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3260
SB 296                                                                       
The Judiciary Committee considered SENATE BILL NO. 296 An                      
Act requiring fingerprint criminal background checks before certain            
persons may be employed in a nursing home or assisted living                   
facility; and prohibiting the hiring or retention of certain nursing           
home and assisted living facility employees convicted of specified             
offenses and recommended it be replaced with                                   
                                                                               
CS FOR SENATE BILL NO. 296(JUD), entitled:                                    
An Act requiring criminal background checks                                   
before certain persons may be employed in a                                    
nursing home or assisted living facility; and                                  
prohibiting the hiring or retention of certain nursing                         
home and assisted living facility employees                                    
convicted of specified offenses.                                               
                                                                               
Signing do pass:  Senator Taylor, Chair, Senators Ellis, Green,                
Miller, Adams.                                                                 
                                                                               
Zero fiscal notes for the committee substitute published today from            
Department of Health and Social Services, Department of Public                 
Safety.                                                                        
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HB 18                                                                        
Forthcoming zero fiscal note (page 3242) for HOUSE BILL NO. 18                 
An Act amending the statute of limitations applicable to civil                 
actions brought against peace officers and coroners published today            
from Department of Law.                                                        
                                                                               
HB 210                                                                       
Forthcoming zero fiscal note (page 3191) for the Transportation                
Senate Committee Substitute for CS FOR HOUSE BILL NO.                          
210(STA) am An Act relating to issuance of motor vehicle                       
registrations and titles, and to licenses and permits to operate a             
motor vehicle published today from Department of Public Safety.                
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3261
HB 412                                                                       
Forthcoming Finance Committee Substitute (page 3242) for SENATE                
CS FOR CS FOR HOUSE BILL NO. 412(FIN) An Act making                            
appropriations for the operating and loan program expenses of state            
government, for certain programs, and to capitalize funds; making              
appropriations under art. IX, sec. 17(c), Constitution of the State of         
Alaska, from the constitutional budget reserve fund; and providing             
for an effective date was received today.                                      
                                                                               
HB 413                                                                       
Forthcoming Finance Committee Substitute (page 3243) for SENATE                
CS FOR CS FOR HOUSE BILL NO. 413(FIN) An Act making                            
appropriations for the operating and capital expenses of the state's           
integrated comprehensive mental health program; and providing for              
an effective date was received today.                                          
                                                                               
SB 70                                                                        
The Rules Committee considered SENATE BILL NO. 70 An Act                       
relating to the public school foundation program; and providing for            
an effective date.  Signing to calendar:  Senator Miller, Chair,               
Senator Sharp.  Signing do not calendar:  Senator Duncan.  Signing             
no recommendation:  Senators Pearce, Salo.                                     
                                                                               
The bill is on today's calendar.                                               
                                                                               
HB 412                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
412(FIN) am(brf pfld) An Act making appropriations for the                     
operating and loan program expenses of state government, for certain           
programs, and to capitalize funds; making an appropriation under art.          
IX, sec. 17(c), Constitution of the State of Alaska, from the                  
constitutional budget reserve fund; and providing for an effective             
date.  Signing to calendar:  Senator Miller, Chair, Senators Sharp,            
Pearce.  Signing needs amendment:  Senator Salo.                               
                                                                               
The bill is on today's calendar.                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3262
HB 413                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
413(FIN) An Act making appropriations for the operating and                    
capital expenses of the state's integrated comprehensive mental health         
program; and providing for an effective date.  Signing to calendar:            
Senator Miller, Chair, Senator Pearce.  Signing no recommendation:             
Senators Sharp, Salo.                                                          
                                                                               
The bill is on today's calendar.                                               
                                                                               
                                                                               
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
SB 70                                                                        
Senator Halford moved and asked unanimous consent that SENATE                  
BILL NO. 70 An Act relating to the public school foundation                    
program; and providing for an effective date be placed at the                  
bottom of today's calendar.  Without objection, it was so ordered.             
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 413                                                                       
Senator Halford moved and asked unanimous consent that CS FOR                  
HOUSE BILL NO. 413(FIN) be taken up before CS FOR HOUSE                        
BILL NO. 412(FIN) am(brf pfld).  Without objection, it was so                  
ordered.                                                                       
                                                                               
CS FOR HOUSE BILL NO. 413(FIN) An Act making                                   
appropriations for the operating and capital expenses of the state's           
integrated comprehensive mental health program; and providing for              
an effective date was read the second time.                                    
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of the Finance Senate Committee Substitute offered on page            
3261.  Senator Adams objected.                                                 
                                                                               
Senator Duncan called the Senate.  The call was satisfied.                     
                                                                               
Senator Adams withdrew his objection.   There being no further                 
objections, SENATE CS FOR CS FOR HOUSE BILL NO. 413(FIN)                       
was adopted and read the second time.                                          

1996-04-16                     Senate Journal                      Page 3263
HB 413                                                                       
Senator Halford moved and asked unanimous consent that the bill be             
considered engrossed, advanced to third reading and placed on final            
passage.  Without objection, it was so ordered.                                
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 413(FIN) was read                          
the third time.                                                                
                                                                               
The question being: Shall SENATE CS FOR CS FOR HOUSE                           
BILL NO. 413(FIN) An Act making appropriations for the operating               
and capital expenses of the state's integrated comprehensive mental            
health program; and providing for an effective date pass the                   
Senate?  The roll was taken with the following result:                         
                                                                               
SCS CSHB 413(FIN)                                                              
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger,            
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 413(FIN)                           
passed the Senate.                                                             
                                                                               
Senator Halford moved and asked unanimous consent that the vote                
on the passage of the bill be considered the vote on the effective             
date clause.  Without objection, it was so ordered and the bill was            
referred to the Secretary for engrossment.                                     
                                                                               
                                                                               
                       RECONSIDERATION OF SENATE BILLS                       
                                                                               
SB 321                                                                       
Senator Taylor requested that the reconsideration on SENATE BILL               
NO. 321 "An Act relating to civil commitment of a criminal                     
defendant who is found to be mentally incompetent" be taken up.                
                                                                               
SENATE BILL NO. 321 was before the Senate on reconsideration.                  
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3264
SB 321                                                                       
Senator Taylor moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 1.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senators Taylor, Ellis offered Amendment No. 1:                                
                                                                               
Page 1, lines 1 - 2:                                                           
	Delete "civil commitment of a criminal defendant who is                      
found to be mentally incompetent"                                             
	Insert "incompetency to stand trial"                                        
                                                                               
Page 1, lines 4 - 13:                                                          
	Delete all material and insert:                                               
   "* Section 1.  AS12.47.100 is repealed and reenacted to read:             
	Sec. 12.47.100.  INCOMPETENCY TO PROCEED.                                    
(a)  A defendant who, as a result of mental disease or                         
defect, is incompetent because the defendant is unable to                      
understand the proceedings against the defendant or to assist                  
in the defendant's own defense may not be tried, convicted,                    
or sentenced for the commission of a crime so long as the                      
incompetency exists.                                                           
	(b)  If, before imposition of sentence, the                                  
prosecuting attorney or the attorney for the defendant has                     
reasonable cause to believe that the defendant is presently                    
suffering from a mental disease or defect that causes the                      
defendant to be unable to understand the proceedings or to                     
assist in the person's own defense, the attorney may file a                    
motion for a judicial determination of the competency of the                   
defendant.  Upon that motion, or upon its own motion, the                      
court shall have the defendant examined by at least one                        
qualified psychiatrist or psychologist, who shall report to the                
court concerning the competency of the defendant.  For the                     
purpose of the examination, the court may order the                            
defendant committed for a reasonable period to a suitable                      
hospital or other facility designated by the court.  If the                    
report of the psychiatrist or psychologist indicates that the                  
defendant is incompetent, the court shall hold a hearing,                      
upon due notice, at which evidence as to the competency of                     
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3265
SB 321                                                                       
the defendant may be submitted, including that of the                         
reporting psychiatrist or psychologist, and make appropriate                   
findings.  Before the hearing, the court shall, upon request                   
of the prosecuting attorney, order the defendant to submit to                  
an additional evaluation by a psychiatrist or psychologist                     
designated by the prosecuting attorney.                                        
	(c)  A defendant is presumed to be competent.  The                           
party raising the issue of competency bears the burden of                      
proving the defendant is incompetent by clear and                              
convincing evidence.  When the court raises the issue of                       
competency, the burden of proving the defendant is                             
incompetent shall be on the party who elects to advocate for                   
a finding of competency.  The court shall then apply the                       
clear and convincing evidence standard to determine whether                    
the defendant is competent.                                                    
	(d)  A statement made by the defendant in the                                
course of an examination into the person's competency under                    
this section, whether the examination is with or without the                   
consent of the defendant, may not be admitted in evidence                      
against the defendant on the issue of guilt in a criminal                      
proceeding unless the defendant later relies on a defense                      
under AS12.47.010 or 12.47.020.  A finding by the judge                        
that the defendant is competent to stand trial in no way                       
prejudices the defendant in a defense based on insanity; the                   
finding may not be introduced in evidence on that issue or                     
otherwise be brought to the notice of the jury.                                
	(e)  In determining if the defendant is unable to                            
understand the proceedings against the defendant, the court                    
shall consider, among other factors considered relevant by                     
the court, whether the defendant understands that the                          
defendant has been charged with a criminal offense and that                    
penalties can be imposed; whether the defendant understands                    
what criminal conduct is being alleged; whether the                            
defendant understands the roles of the judge, jury,                            
prosecutor, and defense counsel; whether the defendant                         
understands that the defendant will be expected to tell                        
defense counsel the circumstances, to the best of the                          
defendant's ability, surrounding the defendant's activities at                 
the time of the alleged criminal conduct; and whether the                      
defendant can distinguish between a guilty and not guilty                      
plea.                                                                          

1996-04-16                     Senate Journal                      Page 3266
SB 321                                                                       
	(f)  In determining if the defendant is unable to                            
assist in the defendant's own defense, the court shall                         
consider, among other factors considered relevant by the                       
court, whether the defendant's mental disease or defect                        
affects the defendant's ability to recall and relate facts                     
pertaining to the defendant's actions at times relevant to the                 
charges and whether the defendant can respond coherently                       
to counsel's questions.  A defendant is able to assist in the                  
defense even though the defendant's memory may be                              
impaired, the defendant refuses to accept a course of action                   
that counsel or the court believes is the defendant's best                     
interest, or the defendant is unable to suggest a particular                   
strategy or to choose among alternative defenses.                              
   * Sec. 2.  AS12.47.110(a) is amended to read:                             
	(a)  When the trial court determines ªBY A                                   
PREPONDERANCE OF THE EVIDENCEß, in accordance                                  
with AS12.47.100, that a defendant is so ªMENTALLYß                            
incompetent that the defendant is unable to understand the                     
proceedings against the defendant or ªPROPERLYß to assist                      
in the defendant's own defense, the court shall order the                      
proceedings stayed, except as provided in (d) of this section,                 
and may commit the defendant to the custody of the                             
commissioner of health and social services or the                              
commissioner's authorized representative for further                           
evaluation and treatment until the defendant is mentally                       
competent to stand trial, or until the pending charges against                 
the defendant are disposed of according to law, but in no                      
event longer than 90 days.                                                     
   * Sec. 3.  AS12.47.130(3) is amended to read:                             
		(3)  "mental disease or defect" means a                                     
disorder of thought or mood that substantially impairs                         
judgment, behavior, capacity to recognize reality, or ability                  
to cope with the ordinary demands of life; "mental disease                     
or defect" also includes mental retardation, which means a                     
significantly below average general intellectual functioning                   
that impairs a person's ability to adapt to or cope with the                   
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3267
SB 321                                                                       
ordinary demands of life; a person who has obtained a                       
driver's license, has voted in an election, is able to                         
maintain employment, or is competent to testify as a                           
witness under the Alaska Rules of Evidence is considered                       
to have sufficient intellectual functioning to adapt or cope                   
with the ordinary demands of life.                                           
   * Sec. 4.  AS12.47.130 is amended by adding new paragraphs                
to read:                                                                       
		(4)  "assist in the defendant's own defense"                                
means to consult with a lawyer while exercising a reasonable                   
degree of rational functioning;                                                
		(5)  "incompetent" means a defendant is                                     
unable to understand the proceedings against the defendant                     
or to assist in the defendant's own defense;                                   
		(6)  "understand the proceedings against the                                
defendant" means that the defendant's elementary mental                        
process is such that the defendant has a reasonably rational                   
comprehension of the proceedings."                                             
                                                                               
Senator Taylor moved for the adoption of Amendment No. 1.                      
Senator Rieger objected.                                                       
                                                                               
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SB 321                                                                         
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Salo,              
Sharp, Taylor, Torgerson, Zharoff                                              
                                                                               
Nays:  Rieger                                                                  
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
SENATE BILL NO. 321 am was automatically in third reading.                     
                                                                               
Amendment No. 2 was not offered.                                               

1996-04-16                     Senate Journal                      Page 3268
SB 321                                                                       
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:                                        
                                                                               
On Amendment No. 1:                                                            
                                                                               
Page 2, line 6:                                                                
	Delete clear and convincing                                                   
	Insert  a preponderance of                                                    
                                                                               
Page 2, line 9:                                                                
	Delete clear and convincing                                                   
	Insert  preponderance of the                                                  
                                                                               
Page 3, line 7:                                                                
	Undelete By a preponderance of the evidence.                                  
                                                                               
Page 2, line 9:                                                                
	Delete competency                                                             
	Insert  incompetency                                                          
                                                                               
Senator Taylor moved and asked unanimous consent for the adoption              
of Amendment No. 3.  Without objection, Amendment No. 3 was                    
adopted.                                                                       
                                                                               
SENATE BILL NO. 321 am was automatically in third reading.                     
                                                                               
Senator Rieger moved that the bill be returned to second reading for           
the purpose of a specific amendment, that being Amendment No. 4.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Rieger offered Amendment No. 4:                                        
                                                                               
On Amendment No. 1:                                                            
                                                                               
Page 3, lines 23-27:                                                           
	Delete all material                                                           
	Insert demands of life.                                                       
                                                                               

1996-04-16                     Senate Journal                      Page 3269
SB 321                                                                       
Senator Rieger moved for the adoption of Amendment No. 4.                      
Senator Taylor objected.                                                       
                                                                               
The question being: Shall Amendment No. 4 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SB 321 am                                                                      
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  3   NAYS:  17   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Pearce, Rieger, Salo                                                    
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, R.Phillips, Sharp, Taylor,             
Torgerson, Zharoff                                                             
                                                                               
and so, Amendment No. 4 failed.                                                
                                                                               
SENATE BILL NO. 321 am was automatically in third reading.                     
                                                                               
The question to be reconsidered: Shall SENATE BILL NO. 321 am                  
"An Act relating to incompetency to stand trial" pass the Senate?              
The roll was taken with the following result:                                  
                                                                               
SB 321 am                                                                      
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Salo,              
Sharp, Taylor, Torgerson, Zharoff                                              
                                                                               
Nays:  Rieger                                                                  
                                                                               
and so, SENATE BILL NO. 321 am passed the Senate on                            
reconsideration and was referred to the Secretary for engrossment.             
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3270
                   SECOND READING OF HOUSE BILLS CONTINUED                   
                                                                               
HB 412                                                                       
CS FOR HOUSE BILL NO. 412(FIN) am(brf pfld) An Act making                      
appropriations for the operating and loan program expenses of state            
government, for certain programs, and to capitalize funds; making an           
appropriation under art. IX, sec. 17(c), Constitution of the State of          
Alaska, from the constitutional budget reserve fund; and providing             
for an effective date was read the second time.                                
                                                                               
Senator Frank moved and asked unanimous consent for the adoption               
of the Finance Senate Committee Substitute offered on page 3261.               
Senator Duncan objected, then withdrew his objection.   There being            
no further objections, SENATE CS FOR CS FOR HOUSE BILL                         
NO. 412(FIN) was adopted and read the second time.                             
                                                                               
Amendment No. 1 was not offered.                                               
                                                                               
Amendment No. 2 was not offered.                                               
                                                                               
Senator Adams offered Amendment No. 3:                                         
                                                                               
Page 2, line 28 through page 3, line 1:                                        
	Delete Section 4                                                              
                                                                               
Senator Adams moved for the adoption of Amendment No. 3.                       
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 3 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SCS CSHB 412(FIN)                                                              
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               

1996-04-16                     Senate Journal                      Page 3271
HB 412                                                                       
and so, Amendment No. 3 failed.                                                
                                                                               
Senator Hoffman offered Amendment No. 4:                                       
                                                                               
Page 23, line 21:                                                              
                                                                               
Under:			Allocations                                                           
Subsistence	Delete	1,180,700                                                   
		Insert	1,551,900                                                             
                                                                               
Senator Hoffman moved for the adoption of Amendment No. 4.                     
Senator Miller objected.                                                       
                                                                               
The question being: Shall Amendment No. 4 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SCS CSHB 412(FIN)                                                              
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                   
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 4 failed.                                                
                                                                               
Senator Duncan lifted the call.                                                
                                                                               
                                                                               
                                    RECESS                                   
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in recess to 2:00 p.m.  Without objection, the Senate recessed           
at 1:31 p.m.                                                                   
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3272
                                 AFTER RECESS                                
                                                                               
The Senate reconvened at 2:15 p.m.                                             
                                                                               
                                                                               
                   SECOND READING OF HOUSE BILLS CONTINUED                   
                                                                               
HB 412                                                                       
Senator Hoffman offered Amendment No. 5:                                       
                                                                               
Page 23, line 25:                                                              
Under:					Allocations                                                         
Habitat				Delete	1,091,500                                                    
				Insert	1,339,000                                                           
                                                                               
Page 23, line 26:                                                              
Under:					Allocations                                                         
Special Projects		Delete	  959,200                                             
				Insert	1,060,100                                                           
Page 23, line 27:                                                              
Under:					Allocations                                                         
Habitat Permitting/Title 16	Delete	2,281,000                                   
				Insert	2,315,000                                                           
                                                                               
Senator Adams moved for the adoption of Amendment No. 5.                       
Objections were heard.                                                         
                                                                               
President Pearce called the Senate.  The call was satisfied.                   
                                                                               
The question being: Shall Amendment No. 5 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SCS CSHB 412(FIN)                                                              
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                   
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 5 failed.                                                

1996-04-16                     Senate Journal                      Page 3273
HB 412                                                                       
Senator Lincoln offered Amendment No. 6:                                       
                                                                               
Page 17, line 27:                                                              
Under:	Appropriation	General                                                   
Institutions	Item	Fund                                                         
	Delete	102,083,900	96,855,100                                                 
	Insert	103,637,800	98,409,000                                                 
                                                                               
Page 18, delete line 21.                                                       
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 6.                     
Senator Frank objected.                                                        
                                                                               
The question being: Shall Amendment No. 6 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SCS CSHB 412(FIN)                                                              
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 6 failed.                                                
                                                                               
Senator Lincoln offered Amendment No. 7:                                       
                                                                               
Page 18, line 22                                                               
Under:	Appropriation	General	                                                  
Community Corrections	Item	Fund                                                
	Delete	19,802,400	19,802,400                                                  
	Insert	20,297,700	20,297,700                                                  
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3274
HB 412                                                                       
Page 18, line 31                                                               
Under:				Allocations                                                          
Point MacKenzie	Delete	2,029,100                                               
			Insert	2,139,700                                                            
                                                                               
Page 18, delete line 33.                                                       
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 7.                     
Objections were heard.                                                         
                                                                               
Senator Donley moved and asked unanimous consent to divide the                 
question.                                                                      
                                                                               
Senator Donley moved and asked unanimous consent to withdraw his               
motion.  Without objection, it was so ordered.                                 
                                                                               
The question being: Shall Amendment No. 7 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SCS CSHB 412(FIN)                                                              
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Hoffman, Lincoln, Salo, Zharoff                  
                                                                               
Nays:  Ellis, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,             
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 7 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 8:                                        
                                                                               
Page 2, line 4:                                                                
                                                                               
	Delete	70,000,000                                                             
	Insert	50,000,000                                                             
                                                                               
Senator Duncan moved for the adoption of Amendment No. 8.                      
Senator Miller objected.                                                       
                                                                               

1996-04-16                     Senate Journal                      Page 3275
HB 412                                                                       
The question being: Shall Amendment No. 8 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
SCS CSHB 412(FIN)                                                              
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 8 failed.                                                
                                                                               
Senator Donley offered Amendment No. 9:                                        
                                                                               
Insert 2% unallocated general fund reduction to the following                  
Departments:                                                                   
                                                                               
	Department of Administration                                                  
	Department of Community and Regional Affairs                                  
	Department of Commerce and Economic Development                               
	Department of Environmental Conservation                                      
	Department of Fish and Game                                                   
	Department of Law                                                             
		(except Criminal Law Divison for Prosecutors Office)                         
	Department of Military and Veterans Affairs                                   
	Department of Health and Social Services                                      
	Department of Natural Resources                                               
	Department of Revenue	                                                        
	Department of Transportation and Public Facilities                            
                                                                               
Senator Donley moved for the adoption of Amendment No. 9.                      
Senator Duncan objected.                                                       
                                                                               
The question being: Shall Amendment No. 9 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3276
HB 412                                                                       
                                                                               
SCS CSHB 412(FIN)                                                              
Second Reading                                                                 
Amendment No. 9                                                                
                                                                               
YEAS:  5   NAYS:  15   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Leman, Taylor, Torgerson                                 
                                                                               
Nays:  Adams, Duncan, Ellis, Frank, Halford, Hoffman, Kelly,                   
Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Zharoff              
                                                                               
Halford changed from "Yea" to "Nay".                                           
R.Phillips changed from "Yea" to "Nay".                                        
Taylor changed from "Nay" to "Yea".                                            
                                                                               
and so, Amendment No. 9 failed.                                                
                                                                               
Senator Donley offered Amendment No. 10:                                       
                                                                               
Under:                                                                         
Violent Crimes Compensation Board                                              
	Delete	1,182,800                                                              
	Insert	1,482,800                                                              
                                                                               
Senator Donley moved for the adoption of Amendment No. 10.                     
Senator Rieger objected.                                                       
                                                                               
The question being: Shall Amendment No. 10 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN)                                                              
Second Reading                                                                 
Amendment No. 10                                                               
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 10 failed.                                               

1996-04-16                     Senate Journal                      Page 3277
HB 412                                                                       
Senator Donley offered Amendment No. 11:                                       
                                                                               
Under:                                                                         
Public Defender Agency                                                         
	Delete	8,311,800                                                              
	Insert	8,253,100                                                              
                                                                               
Senator Donley moved for the adoption of Amendment No. 11.                     
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 11 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN)                                                              
Second Reading                                                                 
Amendment No. 11                                                               
                                                                               
YEAS:  5   NAYS:  15   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Leman, Taylor                                   
                                                                               
Nays:  Adams, Duncan, Ellis, Frank, Hoffman, Kelly, Lincoln,                   
Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff            
                                                                               
Taylor changed from "Nay" to "Yea".                                            
                                                                               
and so, Amendment No. 11 failed.                                               
                                                                               
Senator Donley offered Amendment No. 12:                                       
                                                                               
Under:						General Funds                                                      
Division of Insurance			Delete	3,978,000                                       
					Insert	3,953,000                                                          
                                                                               
Under:						General Funds                                                      
Division of Trade & Development	Delete	2,102,800                               
					Insert 	2,127,800                                                         
                                                                               
Senator Donley moved for the adoption of Amendment No. 12.                     
Senator Frank objected.                                                        
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3278
HB 412                                                                       
The question being: Shall Amendment No. 12 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN)                                                              
Second Reading                                                                 
Amendment No. 12                                                               
                                                                               
YEAS:  1   NAYS:  19   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley                                                                  
                                                                               
Nays:  Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman,                   
Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo,               
Sharp, Taylor, Torgerson, Zharoff                                              
                                                                               
Adams changed from "Yea" to "Nay".                                             
                                                                               
and so, Amendment No. 12 failed.                                               
                                                                               
Senator Hoffman offered Amendment No. 13:                                      
                                                                               
Page 22, lines 19 and 20:                                                      
Under:					Allocations                                                         
Fisheries Management		Delete	25,728,800                                        
				Insert	25,729,261                                                          
Fisheries Development		Delete	 3,645,600                                       
				Insert 	 3,745,600                                                         
                                                                               
Senator Hoffman moved for the adoption of Amendment No. 13.                    
Objections were heard.                                                         
                                                                               
Senator Hoffman moved and asked unanimous consent to amend                     
Amendment No. 13 as follows:                                                   
                                                                               
Change 25,729,261 to 26,028,800                                                
                                                                               
Without objection, Amendment No. 13 was amended.                               
                                                                               
The question being: Shall Amendment No. 13 as amended be                       
adopted?  The roll was taken with the following result:                        
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3279
HB 412                                                                       
                                                                               
SCS CSHB 412(FIN)                                                              
Second Reading                                                                 
Amendment No. 13 as amended                                                    
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                   
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 13 as amended failed.                                    
                                                                               
Senator Hoffman offered Amendment No. 14:                                      
                                                                               
Page 21, line 32:                                                              
Under:						Allocations                                                        
Seafood and Sanitation Inspections	Delete	2,872,000                            
					Insert	2,948,900                                                          
                                                                               
Senator Hoffman moved for the adoption of Amendment No. 14.                    
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 14 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN)                                                              
Second Reading                                                                 
Amendment No. 14                                                               
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 14 failed.                                               
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3280
HB 412                                                                       
Senator Hoffman offered Amendment No. 15:                                      
                                                                               
Page 23, line 2:                                                               
Under:				Allocations                                                          
Wildlife Conservation	Delete	13,016,000                                        
			Insert 	14,926,300                                                          
                                                                               
Senator Hoffman moved for the adoption of Amendment No. 15.                    
Senator Sharp objected.                                                        
                                                                               
The question being: Shall Amendment No. 15 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN)                                                              
Second Reading                                                                 
Amendment No. 15                                                               
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                   
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 15 failed.                                               
                                                                               
President Pearce lifted the call.                                              
                                                                               
Senator Taylor moved and asked unanimous consent that he be                    
excused from the Senate, not subject to a call, from 6:00 a.m. April           
17 through 9:30 a.m. April 19.    Senator Duncan objected, then                
withdrew his objection.   There being no further objections, Senator           
Taylor was excused.                                                            
                                                                               
                                                                               
                                    RECESS                                   
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in recess to 6:45 p.m.  Without objection, the Senate recessed           
at 3:36 p.m.                                                                   

1996-04-16                     Senate Journal                      Page 3281
                                 AFTER RECESS                                
                                                                               
The Senate reconvened at 7:08 p.m.                                             
                                                                               
                                                                               
President Pearce called the Senate.  The call was satisfied.                   
                                                                               
                                                                               
                   SECOND READING OF HOUSE BILLS CONTINUED                   
                                                                               
HB 412                                                                       
Senators Halford, Frank offered Amendment No. 16:                              
                                                                               
Page 30, line 5:                                                               
Under:	Appropriation	General	Other                                             
		Item	Fund	Funds                                                              
Oil and Gas Litigation	 11,939,800	 10,685,400	1,254,400                   
		ª12,839,800ß	ª11,585,400ß	1,254,400                                          
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of Amendment No. 16.  Senator Duncan objected.                        
                                                                               
The question being: Shall Amendment No. 16 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN)                                                              
Second Reading                                                                 
Amendment No. 16                                                               
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson                             
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Zharoff                 
                                                                               
and so, Amendment No. 16 was adopted.                                          
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3282
HB 412                                                                       
Senator Lincoln offered Amendment No. 17:                                      
                                                                               
Page 17, line 13:                                                              
Under:	Appropriation	General                                                   
		Item	Fund                                                                    
Administration and Support                                                     
	Delete 	7,120,800	6,092,500                                                   
	Insert 	7,166,800	6,138,500                                                   
                                                                               
Page 17, delete line 26.                                                       
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 17.                    
Senator Frank objected.                                                        
                                                                               
The question being: Shall Amendment No. 17 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 17                                                               
                                                                               
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. 17 failed.                                               
                                                                               
Senator Salo offered Amendment No. 18:                                         
                                                                               
Page 20, line 29:                                                              
Under:	Appropriation	General                                                   
		Item	Fund                                                                    
Alaska State Library                                                           
	Delete	7,253,900	5,778,800                                                    
	Insert	7,278,900	5,803,800                                                    
                                                                               
Page 20, line 30:                                                              
Under:				Allocations                                                          
Library Operations	Delete	5,090,800                                            
			Insert	5,115,800                                                            

1996-04-16                     Senate Journal                      Page 3283
HB 412                                                                       
Senator Salo moved for the adoption of Amendment No. 18.                       
Senator Frank objected.                                                        
                                                                               
The question being: Shall Amendment No. 18 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 18                                                               
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 18 failed.                                               
                                                                               
Senator Salo offered Amendment No. 19:                                         
                                                                               
Page 20, line 29:                                                              
Under:	Appropriation	General                                                   
		Item	Fund                                                                    
Alaska State Library                                                           
	Delete	7,253,900	5,778,800                                                    
	Insert	7,278,900	5,803,800                                                    
                                                                               
Page 20, line 30:                                                              
Under:				Allocations                                                          
Library Operations	Delete	5,090,800                                            
			Insert	5,115,800                                                            
                                                                               
Senator Salo moved for the adoption of Amendment No. 19.                       
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 19 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3284
HB 412                                                                       
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 19                                                               
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                   
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 19 failed.                                               
                                                                               
Senator Duncan offered Amendment No. 20:                                       
                                                                               
Page 4, line 11, through page 5, line 8:                                       
	Delete all material and insert:                                               
   "* Sec. 9.  COMPENSATION INCREASES.  (a)  The sum of                      
$14,970,300 is appropriated from the general fund and other funds              
as set out in this subsection to Office of the Governor, office of             
management and budget, for allocation among the appropriate state              
departments and agencies to fund, for the fiscal year ending June 30,          
1997, the monetary terms of collective bargaining agreements with              
the bargaining units set out in (b)(1) of this section and to fund the         
increase in salaries of state employees listed in (b)(2) of this section:      
FUND SOURCE                                       APPROPRIATION AMOUNT         
General fund$8,164,200                                                         
General fund match341,600                                                      
General fund - program receipts524,500                                         
Federal receipts1,429,400                                                      
Inter-agency receipts638,500                                                   
Education trust100                                                             
University of Alaska/dormitory/food/auxiliary service800                       
Federal incentive payments24,500                                               
Benefits systems receipts17,100                                                
Agricultural loan fund10,400                                                   
State corporation receipts230,600                                              
FICA administration fund account700                                            
Fish and game fund180,500                                                      
Science and technology endowment fund11,100                                    
Highway working capital fund178,500                                            

1996-04-16                     Senate Journal                      Page 3285
HB 412                                                                       
FUND SOURCE                                       APPROPRIATION AMOUNT         
International airports revenue fund368,700                                     
Public employees retirement fund18,700                                         
Second injury fund1,900                                                        
Disabled fishermans reserve account1,900                                       
Surplus property revolving fund2,400                                           
Teachers' retirement system fund17,200                                         
Veterans' revolving loan fund1,600                                             
Commercial fishing loan fund15,100                                             
University of Alaska/student tuition/fees/services26,900                       
Real estate surety fund900                                                     
Judicial retirement system400                                                  
P.L. 81-8741,100                                                               
National guard retirement system300                                            
University receipts5,400                                                       
Training and building fund8,100                                                
Permanent fund dividend fund39,500                                             
Rural development initiative fund900                                           
Oil/hazardous prevention and response fund89,500                               
Investment loss trust fund100                                                  
Inter-agency receipts/oil and hazardous waste14,100                            
Capital improvement project receipts1,009,100                                  
Power project loan fund4,400                                                   
Public school fund600                                                          
Mining revolving loan fund100                                                  
Fisheries enhancement revolving loan fund1,600                                 
Alternative energy revolving loan fund2,000                                    
Residential energy revolving loan fund100                                      
Bulk fuel revolving loan fund600                                               
Alaska clean water loan fund2,300                                              
Marine highway system fund1,436,500                                            
Gifts/grants1,200                                                              
Storage tank assistance fund11,800                                             
Information services fund132,800                                               
(b)  The amount appropriated by (a) of this section shall be allocated         
to the appropriate state departments and agencies to fund, as                  
appropriate,                                                                   
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3286
HB 412                                                                       
		(1)  the collective bargaining agreements with                               
		(A)  Alaska State Employees Association,                                    
for the General Government Unit;                                               
		(B)  Alaska Public Employees Association,                                   
for the Supervisory Unit;                                                      
		(C)  Public Employees Local 71, for the                                     
Labor, Trades and Crafts Unit;                                                 
		(D)  Inlandboatmen's Union of the Pacific,                                  
representing the unlicensed marine unit;                                       
		(E)  International Organization of Masters,                                 
Mates, and Pilots, Pacific Maritime Region, for the Masters,                   
Mates, and Pilots Unit;                                                        
		(F)  Public Safety Employees Association,                                   
representing state troopers and other commissioned law                         
enforcement personnel;                                                         
		(G)  the Classified Employees Association,                                  
representing University of Alaska employees; and                               
		(H)  the Alaska Community Colleges'                                         
Federation of Teachers, representing faculty members of the                    
University of Alaska; and                                                      
		(2)  the increase in salaries of                                             
		(A)  state employees of the executive branch                                
who are denominated exempt employees;                                          
		(B)  state employees who are denominated                                    
excluded personnel;                                                            
		(C)  University of Alaska nonunion                                          
classified and professional employees;                                         
		(D)  University of Alaska nonunion faculty                                  
employees."                                                                    
                                                                               
Senator Duncan moved for the adoption of Amendment No. 20.                     
Senator Frank objected.                                                        
                                                                               
The question being: Shall Amendment No. 20 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3287
HB 412                                                                       
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 20                                                               
                                                                               
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. 20 failed.                                               
                                                                               
Senator Duncan offered Amendment No. 21:                                       
                                                                               
Page 4, line 11, through page 5, line 8:                                       
	Delete all material and insert:                                               
   "* Sec. 9.  COMPENSATION INCREASES.  (a)  The sum of                      
$12,205,500 is appropriated from the general fund and other funds              
as set out in this subsection to Office of the Governor, office of             
management and budget, for allocation among the appropriate state              
departments and agencies to fund, for the fiscal year ending June 30,          
1997, the monetary terms of collective bargaining agreements with              
the bargaining units set out in (b) of this section:                           
FUND SOURCE                                       APPROPRIATION AMOUNT         
General fund$6,140,200                                                         
General fund match316,100                                                      
General fund - program receipts441,100                                         
Federal receipts1,255,700                                                      
Inter-agency receipts518,100                                                   
University of Alaska/dormitory/food/auxiliary service800                       
Federal incentive payments24,000                                               
Benefits systems receipts16,600                                                
Agricultural loan fund8,700                                                    
FICA administration fund account700                                            
Fish and game fund177,600                                                      
Highway working capital fund176,300                                            
International airports revenue fund357,600                                     
Public employees retirement fund18,300                                         
Second injury fund1,900                                                        

1996-04-16                     Senate Journal                      Page 3288
HB 412                                                                       
FUND SOURCE                                       APPROPRIATION AMOUNT         
Disabled fishermans reserve account1,900                                       
Surplus property revolving fund2,400                                           
Teachers' retirement system fund16,800                                         
Veterans' revolving loan fund1,600                                             
Commercial fishing loan fund14,000                                             
University of Alaska/student tuition/fees/services26,900                       
Real estate surety fund800                                                     
Judicial retirement system300                                                  
P.L. 81-874800                                                                 
National guard retirement system200                                            
University receipts5,200                                                       
Training and building fund8,100                                                
Permanent fund dividend fund38,300                                             
Oil/hazardous prevention and response fund71,900                               
Inter-agency receipts/oil and hazardous waste10,700                            
Capital improvement project receipts976,600                                    
Public school fund100                                                          
Mining revolving loan fund100                                                  
Fisheries enhancement revolving loan fund1,100                                 
Alternative energy revolving loan fund2,000                                    
Residential energy conservation fund100                                        
Alaska clean water loan fund2,300                                              
Marine highway system fund1,429,700                                            
Gifts/grants/bequests700                                                       
Storage tank assistance fund8,800                                              
Information services fund130,400                                               
	(b)  The amount appropriated by (a) of this section shall be                  
allocated to the appropriate state departments and agencies to fund,           
as appropriate, the collective bargaining agreements with                      
		(1)  Alaska State Employees Association, for the                             
General Government Unit;                                                       
		(2)  Alaska Public Employees Association, for the                            
Supervisory Unit;                                                              
		(3)  Public Employees Local 71, for the Labor,                               
Trades and Crafts Unit;                                                        
		(4)  Inlandboatmen's Union of the Pacific,                                   
representing the unlicensed marine unit;                                       
		(5)  International Organization of Masters, Mates,                           
and Pilots, Pacific Maritime Region, for the Masters, Mates, and               
Pilots Unit;                                                                   

1996-04-16                     Senate Journal                      Page 3289
HB 412                                                                       
		(6)  Public Safety Employees Association,                                    
representing state troopers and other commissioned law enforcement             
personnel;                                                                     
		(7)  the Classified Employees Association,                                   
representing University of Alaska employees; and                               
		(8)  the Alaska Community Colleges' Federation of                            
Teachers, representing faculty members of the University of Alaska;            
and                                                                            
		(9)  the Alyeska Correspondence School Education                             
Association."                                                                  
                                                                               
Senator Duncan moved for the adoption of Amendment No. 21.                     
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 21 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 21                                                               
                                                                               
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. 21 failed.                                               
                                                                               
Senator Duncan offered Amendment No. 22:                                       
                                                                               
Page 4, line 11, through page 5, line 8:                                       
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 10, line 9:                                                               
	Delete "10, 12, 13, 14(b), 15, 18, 19, 25, 26(a), and 27"                     
	Insert   "9, 11, 12, 13(b), 14, 17, 18, 24, 25(a), and 26"                    
                                                                               

1996-04-16                     Senate Journal                      Page 3290
HB 412                                                                       
Page 10, line 11:                                                              
	Delete "SECTION 30"                                                           
	Insert  "SECTION 29"                                                          
                                                                               
Page 38, line 38:                                                              
	Delete "Sec. 30"                                                              
	Insert  "sec. 29"                                                             
                                                                               
Senator Duncan moved for the adoption of Amendment No. 22.                     
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 22 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 22                                                               
                                                                               
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. 22 failed.                                               
                                                                               
Senator Ellis offered Amendment No. 23:                                        
                                                                               
Page 16, after line 16, insert:                                                
Under:	Appropriation	General                                                   
		Item	Fund                                                                    
Senior Citizens Property                                                       
Tax Exemption	1,163,800	1,163,800                                              
                                                                               
Senator Ellis moved for the adoption of Amendment No. 23.                      
Senator Frank objected.                                                        
                                                                               
The question being: Shall Amendment No. 23 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               

1996-04-16                     Senate Journal                      Page 3291
HB 412                                                                       
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 23                                                               
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Salo,            
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips,               
Rieger, Sharp, Taylor, Torgerson                                               
                                                                               
and so, Amendment No. 23 failed.                                               
                                                                               
Senator Duncan offered Amendment No. 24:                                       
                                                                               
Page 6, line 28:                                                               
	Delete "$28,284,000"                                                          
	Insert  "$28,543,200"                                                         
                                                                               
Senator Duncan moved for the adoption of Amendment No. 24.                     
Senator Miller objected.                                                       
                                                                               
The question being: Shall Amendment No. 24 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 24                                                               
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Taylor,                   
Zharoff                                                                        
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Sharp, Torgerson                                           
                                                                               
and so, Amendment No. 24 failed.                                               
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3292
HB 412                                                                       
Senator Duncan offered Amendment No. 25:                                       
                                                                               
Page 14, line 14:                                                              
Under:	Appropriation	General                                                   
		Item	Fund                                                                    
Public Communications                                                          
Service	                                                                       
	Delete	5,096,700	4,956,000                                                    
	Insert	5,146,700	5,006,000                                                    
                                                                               
Page 14, line 19:                                                              
Under:				Allocations                                                          
Public Broadcasting - T.V.	                                                    
	Delete			1,299,400                                                            
	Insert			1,349,400                                                            
                                                                               
Senator Duncan moved for the adoption of Amendment No. 25.                     
Senator Miller objected.                                                       
                                                                               
The question being: Shall Amendment No. 25 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 25                                                               
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 25 failed.                                               
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3293
HB 412                                                                       
Senator Duncan offered Amendment No. 26:                                       
                                                                               
Page 14, line 14:                                                              
Under:	Appropriation	General                                                   
		Item	Fund                                                                    
Public Communications                                                          
Service	                                                                       
	Delete	5,096,700	4,956,000                                                    
	Insert	5,221,700	5,081,000                                                    
                                                                               
Page 14, line 18:                                                              
Under:				Allocations                                                          
Public Broadcasting - Radio	                                                   
	Delete			2,825,000                                                            
	Insert			2,950,000                                                            
                                                                               
Senator Duncan moved for the adoption of Amendment No. 26.                     
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 26 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 26                                                               
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 26 failed.                                               
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3294
HB 412                                                                       
Senator Adams offered Amendment No. 27:                                        
                                                                               
Page 20, lines 12 and 13:                                                      
Under:	Appropriation	General                                                   
		Item	Fund                                                                    
Kotzebue Technical Center                                                      
Operations Grant                                                               
	Delete	650,000	650,000                                                        
	Insert	734,000	734,000                                                        
                                                                               
Senator Adams moved for the adoption of Amendment No. 27.                      
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 27 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 27                                                               
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                   
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 27 failed.                                               
                                                                               
Senator Zharoff offered Amendment No. 28:                                      
                                                                               
Page 22, line 31:                                                              
	Insert the following language:                                                
	Within the appropriation for sport fisheries approved by the                  
Senate Finance Committee, $483,200 is transferred from Southcentral            
salmon enhancement projects to Southeast salmon enhancement                    
projects.                                                                      
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 28.                    
Senator Green objected.                                                        
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3295
HB 412                                                                       
The question being: Shall Amendment No. 28 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 28                                                               
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Frank, Hoffman, Lincoln, Salo, Sharp,                    
Taylor, Zharoff                                                                
                                                                               
Nays:  Donley, Ellis, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Torgerson                                                  
                                                                               
and so, Amendment No. 28 failed.                                               
                                                                               
Senator Ellis offered Amendment No. 29:                                        
                                                                               
Page 24, line 24:                                                              
Under:	Appropriation	General                                                   
		Item	Fund                                                                    
Public Assistance                                                              
	Delete	196,791,500	 98,570,100                                                
	Insert	198,246,500	100,025,100                                                
                                                                               
Page 24, line 30:                                                              
Under:				Allocations                                                          
Adult Public Assistance                                                        
	Delete			43,503,200                                                           
	Insert			44,958,200                                                           
                                                                               
Senator Ellis moved for the adoption of Amendment No. 29.                      
Senator Miller objected.                                                       
                                                                               
The question being: Shall Amendment No. 29 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3296
HB 412                                                                       
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 29                                                               
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 29 failed.                                               
                                                                               
Senator Lincoln offered Amendment No. 30:                                      
                                                                               
Page 30, line 38:                                                              
Under:	Appropriation	General                                                   
Resource Development	Item	Fund                                                 
	Delete	32,569,300	24,607,900	                                                 
	Insert 	32,719,300	24,757,900                                                 
                                                                               
Page 31, line 3:                                                               
Under:				Allocations                                                          
Land Development	Delete	8,173,700                                              
			Insert	8,323,700                                                            
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 30.                    
Objections were heard.                                                         
                                                                               
Senator Leman moved and asked unanimous consent that he be                     
allowed to abstain from voting due to a conflict of interest.                  
Objections were heard and Senator Leman was required to vote.                  
                                                                               
Senator Lincoln moved and asked unanimous consent that she be                  
allowed to abstain from voting due to a conflict of interest.                  
Objections were heard and Senator Lincoln was required to vote.                
                                                                               
The question being: Shall Amendment No. 30 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               

1996-04-16                     Senate Journal                      Page 3297
HB 412                                                                       
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 30                                                               
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                   
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 30 failed.                                               
                                                                               
Senator Lincoln offered Amendment No. 31:                                      
                                                                               
Page 30, line 38:                                                              
Under:	Appropriation	General                                                   
Resource Development	Item	Fund                                                 
	Delete 	32,569,300	24,607,900                                                 
	Insert 	32,684,300	24,722,900                                                 
                                                                               
Page 31, lines 7 - 8:                                                          
Under:					Allocations                                                         
Forest Management and	Delete	9,037,000                                         
	Development		Insert	9,152,000                                                 
                                                                               
Senator Lincoln moved for the adoption of Amendment No. 31.                    
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 31 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 31                                                               
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Lincoln, Taylor, Zharoff                 
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Salo, Sharp, Torgerson                                     
                                                                               
and so, Amendment No. 31 failed.                                               

1996-04-16                     Senate Journal                      Page 3298
HB 412                                                                       
Senator Salo offered Amendment No. 32:                                         
                                                                               
Page 34, line 6:                                                               
Under:	Appropriation	General                                                   
Statewide Programs	Item	Fund                                                   
	Delete	191,332,400	99,334,900                                                 
	Insert 	191,629,200	99,631,700                                                
                                                                               
Senator Salo moved for the adoption of Amendment No. 32.                       
Senator Miller objected.                                                       
                                                                               
The question being: Shall Amendment No. 32 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 32                                                               
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 32 failed.                                               
                                                                               
Senator Salo offered Amendment No. 33:                                         
                                                                               
Page 29, line 20:                                                              
Under:	Appropriation	General                                                   
Office of the Commissioner	Item	Fund                                           
	Delete 	13,745,900	7,555,200                                                  
	Insert 	13,818,690	7,627,990                                                  
                                                                               
Page 29, line 27:                                                              
Under:						Allocations                                                        
Occupational Safety and Health		Delete	2,934,500                               
					Insert 	3,007,460                                                         
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3299
HB 412                                                                       
Senator Salo moved for the adoption of Amendment No. 33.                       
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 33 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 33                                                               
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 33 failed.                                               
                                                                               
Senator Salo offered Amendment No. 34:                                         
                                                                               
Page 38, line 16:                                                              
Under:	Appropriation	General                                                   
Alaska Court System	Item	Fund                                                  
	Delete	45,959,000	45,959,000                                                  
	Insert 	46,153,800	46,153,800                                                 
                                                                               
Page 38, line 18:                                                              
Under:			Allocations                                                           
Trial Courts	Delete	36,253,600                                                 
		Insert 	36,448,400                                                           
                                                                               
Senator Salo moved for the adoption of Amendment No. 34.                       
Senator Torgerson objected.                                                    
                                                                               
The question being: Shall Amendment No. 34 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3300
HB 412                                                                       
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 34                                                               
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                   
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 34 failed.                                               
                                                                               
Senator Torgerson offered Amendment No. 35:                                    
                                                                               
Page 31, lines 4 - 6:                                                          
Delete:  It is the intent of the legislature that DNR continue the             
processing and renewal of fishery shore leases in the Shore Fisheries          
Lease Program and this program is adequately funded to accomplish              
these tasks.                                                                   
                                                                               
Insert:  It is the intent of the legislature that DNR continue the             
processing and renewal of shore fishery leases in the Shore Fisheries          
Lease Program and aquatic farming permits and that these programs              
be adequately funded to accomplish these tasks.                                
                                                                               
Senator Torgerson moved and asked unanimous consent for the                    
adoption of Amendment No. 35.  Senator Adams objected.                         
                                                                               
The question being: Shall Amendment No. 35 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3301
HB 412                                                                       
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 35                                                               
                                                                               
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman,            
Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson,            
Zharoff                                                                        
                                                                               
Nays:  Adams, Duncan, Lincoln                                                  
                                                                               
Ellis changed from "Nay" to "Yea".                                             
Zharoff changed from "Nay" to "Yea".                                           
Hoffman changed from "Nay" to "Yea".                                           
                                                                               
and so, Amendment No. 35 was adopted.                                          
                                                                               
Senator Ellis offered Amendment No. 36:                                        
                                                                               
Page 24, line 35:                                                              
Under:	Appropriation	General                                                   
		Item	Fund                                                                    
Medical Assistance                                                             
	Delete 	328,470,200	128,611,900                                               
	Insert	329,867,200	130,008,900                                                
                                                                               
Page 24, line 36:                                                              
Under:					Allocations                                                         
Medicaid Non-Facility		Delete	122,983,900                                      
				Insert	124,380,900                                                         
                                                                               
Senator Ellis moved for the adoption of Amendment No. 36.                      
Senator Miller objected.                                                       
                                                                               
The question being: Shall Amendment No. 36 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3302
HB 412                                                                       
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 36                                                               
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 36 failed.                                               
                                                                               
Senator Ellis offered Amendment No. 37:                                        
                                                                               
Page 24, line 35:                                                              
Under:	Appropriation	General                                                   
		Item	Fund                                                                    
Medical Assistance	                                                            
	Delete	328,470,200	128,611,900                                                
	Insert	328,927,200	129,068,900                                                
                                                                               
Page 24, line 38:                                                              
Under:					Allocations                                                         
General Relief Medical		Delete	4,854,100                                       
				Insert	5,311,100                                                           
                                                                               
Senator Ellis moved for the adoption of Amendment No. 37.                      
Senator Miller objected.                                                       
                                                                               
The question being: Shall Amendment No. 37 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3303
HB 412                                                                       
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 37                                                               
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 37 failed.                                               
                                                                               
Senator Zharoff offered Amendment No. 38:                                      
                                                                               
Page 19, line 16:                                                              
Under:	Appropriation	General	Other                                             
Teaching and	Item	Fund	Funds                                                   
Learning Support                                                               
	Delete 	60,963,100	3,646,400	57,316,700                                       
	Insert 	61,053,100	3,736,400	57,316,700                                       
                                                                               
Page 19, line 29:                                                              
Under:						Allocations                                                        
Rural School Vocational 	Delete 	100,000                                       
  Education Program		Insert  	190,000                                          
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 38.                    
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 38 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3304
HB 412                                                                       
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 38                                                               
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                   
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 38 failed.                                               
                                                                               
Senator Zharoff offered Amendment No. 39:                                      
                                                                               
Page 15, line 30:                                                              
Under:	Appropriation	General	Other                                             
Alaska Seafood	Item	Fund	Funds                                                 
  Marketing Institute                                                          
	Delete 	12,100,100	7,100,100	5,000,000                                        
	Insert 	12,943,700	7,943,700	5,000,000                                        
                                                                               
Senator Zharoff moved for the adoption of Amendment No. 39.                    
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 39 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 39                                                               
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Duncan, Ellis, Hoffman, Lincoln, Salo, Taylor, Zharoff                  
                                                                               
Nays:  Adams, Donley, Frank, Green, Halford, Kelly, Leman, Miller,             
Pearce, R.Phillips, Rieger, Sharp, Torgerson                                   
                                                                               
Taylor changed from "Nay" to "Yea".                                            
                                                                               
and so, Amendment No. 39 failed.                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3305
HB 412                                                                       
Amendment No. 40 was not offered.                                              
                                                                               
Senator Frank offered Amendment No. 41:                                        
                                                                               
Conditional language will appear at each appropriation level.                  
                                                                               
Page 17, lines 15-16:                                                          
Page 17, line 38 and page 18, line 3:                                          
Page 18, lines 25-26:                                                          
                                                                               
	Insert It is a condition of this appropriation that the funds herein          
will not be used to operate, lease, or construct any other correctional      
facility except those listed in this measure.                                
                                                                               
Senator Frank moved for the adoption of Amendment No. 41.                      
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 41 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 41                                                               
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo                    
                                                                               
and so, Amendment No. 41 was adopted.                                          
                                                                               
Senator Adams offered Amendment No. 42:                                        
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3306
HB 412                                                                       
Page 16, line 12                                                               
Under:	Appropriation	General	Other                                             
Administration and 	Item	Fund	Funds                                            
  Support	                                                                     
	Delete 	2,832,800	2,430,000	402,800                                           
	Insert 	2,993,800	2,591,000	402,800                                           
                                                                               
Page 16, line 13                                                               
Under:					Allocations                                                         
Office of the Commissioner	Delete	618,200                                      
				Insert 	779,200                                                            
                                                                               
Senator Adams moved for the adoption of Amendment No. 42.                      
Senator Miller objected.                                                       
                                                                               
The question being: Shall Amendment No. 42 be adopted?  The                    
roll was taken with the following result:                                      
                                                                               
SCS CSHB 412(FIN) am S                                                         
Second Reading                                                                 
Amendment No. 42                                                               
                                                                               
YEAS:  7   NAYS:  13   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                   
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 42 failed.                                               
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
considered engrossed, advanced to third reading and placed on final            
passage.  Senator Adams objected.                                              
                                                                               
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               

1996-04-16                     Senate Journal                      Page 3307
HB 412                                                                       
                                                                               
SCS CSHB 412(FIN) am S                                                         
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 412(FIN) am S will                         
appear on the April 17 calendar.                                               
                                                                               
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 311                                                                       
CS FOR HOUSE BILL NO. 311(JUD) An Act relating to the hours                    
a person may be employed in a mine; and requiring that workers be              
paid for certain time worked in a mine was read the third time.                
                                                                               
Senator Duncan moved and asked unanimous consent that the bill be              
returned to second reading for the purpose of a specific amendment,            
that being Amendment No. 1.  Without objection, the bill was                   
returned to second reading.                                                    
                                                                               
Senator Duncan offered Amendment No. 1:                                        
                                                                               
Page 1, line 4:                                                                
	Delete "AS 23.10.410"                                                         
	Insert "AS 23.10.410(a)"                                                      
                                                                               
Page 1, lines 5 - 6:                                                           
	Delete "Sec. 23.10.410.  LIMITATION ON PERIOD OF                              
EMPLOYMENT IN UNDERGROUND MINES AND                                            
REQUIREMENT FOR PAY FOR CERTAIN WORK."                                         
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3308
HB 311                                                                       
Page 1, line 8:                                                                
	Delete "10"                                                                   
	Insert "eight"                                                                
                                                                               
Page 1, line 9:                                                                
	Delete "10-hour"                                                              
	Insert "eight-hour"                                                           
                                                                               
Page 2, lines 2 - 17:                                                          
	Delete all material.                                                          
	 Insert a new bill section to read:                                           
   "* Sec. 2.   AS23.10.410 is amended by adding new subsections             
to read:                                                                       
	(d)  On application from an employer, the                                    
commissioner may grant a variance that permits employment                      
in an underground mine or workings for more than eight but                     
not more than 10 hours in a 24-hour period if the                              
commissioner finds that                                                        
		(1)  the additional working time is permitted                               
under the terms of a collective bargaining agreement entered                   
into by a bargaining organization that represents workers                      
performing the work covered by the variance; or                                
		(2)  the extension is in the best interest of                               
resident workers of the state.                                                 
	(e)  The department shall issue orders and adopt                             
regulations necessary to carry out this section."                              
                                                                               
Senator Halford rose to a point of order.                                      
                                                                               
President Pearce cautioned members to proceed in order.                        
                                                                               
Senator Duncan moved for the adoption of Amendment No. 1.                      
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3309
HB 311                                                                       
                                                                               
CSHB 311(JUD)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
CS FOR HOUSE BILL NO. 311(JUD) was automatically in third                      
reading.                                                                       
                                                                               
Senator Duncan moved and asked unanimous consent that the bill be              
returned to second reading for the purpose of a specific amendment,            
that being Amendment No. 2.  Without objection, the bill was                   
returned to second reading.                                                    
                                                                               
Senator Duncan offered Amendment No. 2:                                        
                                                                               
Page 1, line 4, through page 2, line 17:                                       
	Delete all material and insert:                                               
   "* Section 1.  AS23.10.410(a) is repealed and reenacted to read:          
	(a)  Except as provided in (d) of this section, a                            
miner may not be employed in an underground mine or                            
workings for more than eight hours in 24 hours, except on                      
a day when a change of shift is made.  The eight-hour                          
limitation applies only to work actually performed at the                      
mine face or other place where the work is actually carried                    
on and excludes time for meals, travel to or from the mine                     
site, and travel between the mine portal and the mine face,                    
whether in going on or off shift, or in going to or returning                  
from meals.  However, an employer shall pay wages for the                      
time worked from the time the miner enters the mine at the                     
mine portal, whether or not work is performed at the mine                      
face or other place where the work is actually carried on,                     
until the miner leaves the mine.                                               

1996-04-16                     Senate Journal                      Page 3310
HB 311                                                                       
   * Sec. 2.   AS23.10.410 is amended by adding new subsections              
to read:                                                                       
	(d)  An employer may apply to the commissioner                               
for a variance allowing up to 10 hours of work at the face                     
in an underground mine or workings.  Except as provided in                     
(f) of this section, the employer shall give notice of the                     
application for a variance to employees whose work may be                      
affected by the variance and to the bargaining organization                    
representing those employees, if any.  If requested by an                      
employee or a bargaining organization representing                             
employees, the department shall hold a public hearing                          
concerning the request for a variance.  The department may,                    
on its own motion, determine that a hearing is in the public                   
interest.  The department shall notify the applicant and the                   
applicants employees and their bargaining organization, if                     
any, of the time, date, and place of a public hearing                          
scheduled under this subsection.                                               
	(e)  The commissioner shall issue a variance within                          
90 days after receipt of the application if the commissioner                   
determines, after opportunity for an inspection if appropriate,                
that the applicant has demonstrated by a preponderance of                      
the evidence that the working conditions proposed in the                       
request for a variance support a finding that the extension of                 
working hours is in the best interest of the resident workers                  
of the state.  If the commissioner fails to act within the 90                  
days, the request is considered to be granted.                                 
	(f)  If an employer applies for a variance under this                        
section before the employer has hired any workers in the                       
underground mine or workings, the employer shall give                          
public notice of the application for a variance in a                           
newspaper of statewide circulation and in a newspaper of                       
local circulation in the area where the variance will be                       
implemented.  This notice is in place of the notice required                   
to be given to employees under (d) of this section.                            
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3311
HB 311                                                                       
	(g)  When an employer files an application for a                             
variance under this section, the employer may also request                     
an interim order granting a temporary variance that permits                    
the employer to implement some or all of the terms of the                      
permanent variance immediately until the decision on the                       
permanent variance.  If the department denies the request for                  
an interim order for a temporary variance, the department                      
shall promptly notify the applicant of the decision.  An order                 
of denial must contain a statement of the reasons on which                     
the decision is based.  If the department grants a request for                 
an interim order for a temporary variance, the department                      
shall promptly notify the applicant of the decision.  The                      
employer shall give notice of the order granting the                           
temporary variance to all employees who will be affected by                    
the order.                                                                     
	(h)  When the commissioner grants a permanent                                
variance, the commissioner shall include in the decision a                     
statement of the reasons for the decision.  The department                     
shall publish the statement in a newspaper of statewide                        
circulation and a newspaper of local circulation in the area                   
where the variance will be implemented.  If the statement is                   
longer than is suitable for publication in its entirety, the                   
commissioner may publish a summary of the contents of the                      
statement and notify readers of how to request a complete                      
copy of the statement.                                                         
	(i)  If the commissioner finds that granting the                             
request for a permanent variance is not in the best interest                   
of resident workers, the commissioner shall deny the request                   
and issue a statement of findings supporting the denial.                       
	(j)  A permanent variance issued under this section                          
is not subject to revocation unless the commissioner finds by                  
a preponderance of the evidence that the working conditions                    
in place at the time of the application have substantially                     
changed so that the permanent variance is no longer in the                     
best interest of the resident workers of the state.  If the                    
commissioner revokes a permanent variance under this                           
subsection, the commissioner shall reinstate the permanent                     
variance within 30 days after the date on which the                            
employer establishes to the commissioners satisfaction that                    
the causes for the revocation set out in the written findings                  
revoking the variance have been resolved.                                      

1996-04-16                     Senate Journal                      Page 3312
HB 311                                                                       
	(k)  An applicant whose request for a permanent                              
variance is completely or partially denied or whose                            
permanent variance is revoked under this section may appeal                    
the department's decision to the superior court.                               
	(l)  The department shall issue orders and adopt                             
regulations as necessary to carry out the purposes of this                     
section."                                                                      
                                                                               
Senator Duncan moved for the adoption of Amendment No. 2.                      
Objections were heard.                                                         
                                                                               
The question being: Shall Amendment No. 2 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSHB 311(JUD)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  9   NAYS:  11   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Pearce,                 
Salo, Zharoff                                                                  
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips,                
Rieger, Sharp, Taylor, Torgerson                                               
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
CS FOR HOUSE BILL NO. 311(JUD) 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 1, line 2, after "mine":                                                
	Insert "; and providing for an effective date"                              
                                                                               
Page 1, following line 3:                                                      
	Insert a new bill section to read:                                            

1996-04-16                     Senate Journal                      Page 3313
HB 311                                                                       
   "* Section 1.  FINDINGS AND INTENT.  The legislature finds                
that                                                                           
		(1)  mining is an important industry in this state and                       
has created many jobs and economic opportunities for the state;                
		(2)  it is in the state's best interest to encourage                         
mining development, consistent with good management practices to               
protect the health and safety of workers;                                      
		(3)  providing an extension of allowable working                             
hours for miners could encourage the development of mining that                
might not otherwise be economically viable; and                                
		(4)  the development of mining through the                                   
provisions of this Act should provide more job opportunities for               
Alaskans, especially in the area where the mine is located.                    
	(b)  It is the intent of this Act to encourage the development                
of mines in the state and to encourage the mining industry to train            
and hire qualified state residents for these expanded opportunities to         
the maximum extent possible."                                                  
                                                                               
Page 1, line 4:                                                                
	Delete "Section 1"                                                          
	Insert "Sec. 2"                                                             
                                                                               
Page 1, line 7:                                                                
	Delete "(d)"                                                                  
	Insert "(d) - (f)"                                                            
                                                                               
Page 2, line 5, following the period:                                          
	Insert "The department may issue orders and adopt                             
regulations as necessary to carry out the purposes of this section."           
                                                                               
Page 2, following line 12:                                                     
	Insert new subsections to read:                                               
	"(e)  If an employer intends to employ a miner for                           
more than eight hours in 24 hours under (a) of this section,                   
the employer shall notify the department.                                      
	(f)  The department may reduce the 10-hour                                   
limitation on hours of work set in (a) of this section to eight                
hours if the department finds that                                             
		(1)  a significant violation of state or federal                            
law has occurred at the mine relating to health and safety;                    
                                                                               

1996-04-16                     Senate Journal                      Page 3314
HB 311                                                                       
		(2) the employer has not abated the hazard                                  
causing the violation after receiving notice from the                          
commissioner and an opportunity to cure the problem; and                       
		(3)  the reduction of the 10-hour limitation                                
on hours of work is necessary to protect the health and                        
safety of the miners.                                                          
	(g)  An employer that has abated a hazard that was                           
the cause of a violation described in (f)(1) of this section                   
may notify the department of the abatement.  The                               
department shall remove the reduction of hours within 30                       
days after receiving the notice from the employer if it finds                  
that the hazard has been abated."                                              
                                                                               
Reletter the following subsection accordingly.                                 
                                                                               
Page 2, following line 17:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 3.  This Act takes effect immediately under                       
AS01.10.070(c)."                                                               
                                                                               
Senator Taylor moved for the adoption of Amendment No. 3.                      
Senator Duncan objected.                                                       
                                                                               
The question being: Shall Amendment No. 3 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSHB 311(JUD)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips,                
Rieger, Sharp, Taylor, Torgerson                                               
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Pearce,                 
Salo, Zharoff                                                                  
                                                                               
and so, Amendment No. 3 was adopted.                                           
                                                                               
CS FOR HOUSE BILL NO. 311(JUD) am S was automatically in                       
third reading.                                                                 

1996-04-16                     Senate Journal                      Page 3315
HB 311                                                                       
The question being: Shall CS FOR HOUSE BILL NO. 311(JUD)                       
am S An Act relating to the hours a person may be employed in                  
a mine; and requiring that workers be paid for certain time worked             
in a mine; and providing for an effective date pass the Senate?                
The roll was taken with the following result:                                  
                                                                               
CSHB 311(JUD) am S                                                             
Third Reading - Final Passage                                                  
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips,                
Rieger, Salo, Sharp, Taylor, Torgerson                                         
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Pearce,                 
Zharoff                                                                        
                                                                               
and so, CS FOR HOUSE BILL NO. 311(JUD) am S passed the                         
Senate.                                                                        
                                                                               
Senator Halford moved the effective date clause.                               
                                                                               
The question being:  Shall the effective date clause be adopted?               
The roll was taken with the following result:                                  
                                                                               
CSHB 311(JUD) am S                                                             
Effective Date Vote                                                            
                                                                               
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 effective date clause was adopted.                                 
                                                                               
Senator Pearce gave notice of reconsideration.                                 
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3316
                        SENATE BILLS IN THIRD READING                        
                                                                               
SB 64                                                                        
Senator Halford moved and asked unanimous consent that CS FOR                  
SENATE BILL NO. 64(FIN) am An Act relating to the sale of the                  
Alaska Railroad; and providing for an effective date which had been            
held on reconsideration (page 3245) be held to the April 17 calendar.          
Without objection, it was so ordered.                                          
                                                                               
SB 244                                                                       
CS SENATE BILL NO. 244(FIN) am "An Act relating to school                      
construction grants; relating to state foundation aid and                      
supplementary state aid for education; and providing for an effective          
date" which had been held on reconsideration (page 3246) was                   
before the Senate.                                                             
                                                                               
Senator Salo moved and asked unanimous consent that the Senate                 
return to second reading for the purpose of rescinding its previous            
action in failing to adopt Amendment No. 1 (page 3211).  Senator               
Frank objected.                                                                
                                                                               
The question being: Shall the Senate return to second reading for              
the purpose of rescinding its previous action?  The roll was taken             
with the following result:                                                     
                                                                               
CSSB 244(FIN) am                                                               
Return to Second to Rescind Previous Action                                    
                                                                               
YEAS:  16   NAYS:  4   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman,                  
Kelly, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Torgerson,           
Zharoff                                                                        
                                                                               
Nays:  Frank, Leman, Sharp, Taylor                                             
                                                                               
and so, the bill was returned to second reading.                               
                                                                               
Senator Salo moved that the Senate rescind its previous action in              
failing to adopt Amendment No. 1.  Objections were heard.                      
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3317
SB 244                                                                       
The question being: Shall the Senate rescind its previous action in            
failing to adopt Amendment No. 1?  The roll was taken with the                 
following result:                                                              
                                                                               
CSSB 244(FIN) am                                                               
Rescind Previous Action                                                        
                                                                               
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman,                  
Kelly, Lincoln, Pearce, R.Phillips, Rieger, Salo, Zharoff                      
                                                                               
Nays:  Frank, Leman, Miller, Sharp, Taylor, Torgerson                          
                                                                               
Green changed from "Nay" to "Yea".                                             
Pearce changed from "Nay" to "Yea".                                            
                                                                               
and so, the Senate rescinded its previous action.                              
                                                                               
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 244(FIN) am                                                               
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Green, Halford, Kelly,                    
Lincoln, R.Phillips, Rieger, Salo, Torgerson, Zharoff                          
                                                                               
Nays:  Frank, Hoffman, Leman, Miller, Pearce, Sharp, Taylor                    
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
CS FOR SENATE BILL NO. 244(FIN) am was automatically in                        
third reading.                                                                 
                                                                               
Senator Phillips moved that the bill be returned to second reading for         
the purpose of a specific amendment, that being Amendment No. 6.               
Without objection, the bill was returned to second reading.                    
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3318
SB 244                                                                       
Senator Phillips offered Amendment No. 6:                                      
                                                                               
Page 1, line 1, through page 2, line 25:                                       
	Delete all material and insert:                                               
""An Act relating to transportation of public school students;                
relating to school construction grants; relating to the public                 
school foundation program and to local aid for education; and                  
providing for an effective date."                                              
                                                                               
BE IT ENACTED BY THE LEGISLATURE OF THE STATE                                  
OF ALASKA:                                                                    
   * Section 1.  AS14.09.010(b) is amended to read:                          
	(b)  Each school district mentioned in (a)(1) of this section                 
is entitled to receive reimbursement from the state for the operation          
of the transportation system on a unit cost basis determined by the            
department.  In determining a school district's amount of eligible           
transportation reimbursement under this subsection, the                        
department shall provide the same level of reimbursement for                   
transportation  provided on a motor vehicle owned by the school                
district as for transportation provided on a motor vehicle                     
operated under a contract with the school district.                          
   * Sec. 2.  AS14.11.013(a) is amended to read:                             
	(a)  With regard to projects for which grants are requested                   
under AS14.11.011, the department shall                                        
		(1)  annually review the six-year plans submitted by                         
each district under AS14.11.011(b) and recommend to the board a                
revised and updated six-year capital improvement project grant                 
schedule that serves the best interests of the state and each district;        
in recommending projects for this schedule, the department shall               
verify that each proposed project meets the criteria established under         
AS14.11.014(b) and qualifies as a project required to                          
		(A)  avert imminent danger or correct life-                                 
threatening situations;                                                        
		(B)  house students who would otherwise be                                  
unhoused; for purposes of this subparagraph, students are                    
considered unhoused if the students attend school in                           
temporary relocatable facilities;                                            
		(C)  protect the structure of existing school                               
facilities;                                                                    
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3319
SB 244                                                                       
		(D)  correct building code deficiencies that                                
require major repair or rehabilitation in order for the facility               
to continue to be used for the educational program;                            
		(E)  achieve an operating cost savings;                                     
		(F)  modify or rehabilitate facilities for the                              
purpose of improving the instructional program;                                
		(G)  meet an educational need not specified                                 
in (A) - (F) of this paragraph, identified by the department;                  
		(2)  prepare an estimate of the amount of money                              
needed to finance each project;                                                
		(3)  provide to the governor, by November 1, and                             
to the legislature within the first 10 days of each regular legislative        
session, a revised and updated six-year capital improvement project            
grant schedule, together with a proposed schedule of appropriations.           
   * Sec. 3.  AS14.17.010(a) is amended to read:                             
	(a)  The public school foundation account is established.                     
The account consists of municipal contributions made under                   
AS14.17.025(i) and appropriations for distribution to school                 
districts, the state boarding school, and for centralized correspondence       
study programs under this chapter.                                             
   * Sec. 4.  AS14.17.021(a) is amended to read:                             
	(a)  The amount of state foundation aid for which a school                    
district may qualify in a fiscal year is calculated by subtracting from        
the basic need defined in (b) of this section the required local               
contributions under AS14.17.025(a) and 100 ª90ß percent of eligible        
federal impact aid for that fiscal year.  In a rural educational             
attendance area, the reduction of eligible federal impact aid is in            
lieu of a contribution of funds from local taxes.  The department            
may make adjustments to a district's state foundation aid for a fiscal         
year to correct underpayments made in previous fiscal years.                   
   * Sec. 5.  AS14.17.025(a) is amended to read:                             
	(a)  Local contributions to a city or borough school district                 
		(1)  shall be ªINCLUDE AT LEAST THE LESSER                           
OF                                                                             
		(1)ß  the equivalent of a 4.5 ªFOURß mill tax levy                       
on the full and true value of the taxable real and personal property           
in the district as of January1 of the second preceding fiscal year, as         
determined by the Department of Community and Regional Affairs                 
under AS14.17.140 and AS29.45.110; or                                          
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3320
SB 244                                                                       
		(2)  if the amount determined under (1) of this                            
subsection is greater than the district's basic need for the current           
fiscal year as determined under AS14.17.021(b), shall be ª35                 
PERCENT OFß the district's basic need for the current                       
ªPRECEDINGß fiscal year, asdetermined under AS14.17.021(b).                   
   * Sec. 6.  AS14.17.025 is amended by adding new subsections               
to read:                                                                       
	(i)  A city or borough school district that is required to                    
make a local contribution under (a)(2) of this section shall also pay          
into the public school foundation account an amount determined by              
subtracting the amount under (a)(2) of this section from the amount            
under (a)(1) of this section in that district.                                 
	(j)  In addition to the amount contributed under (a) of this                  
section, a city or borough school district shall make a local                  
contribution that is equal to the amount determined under                      
AS14.17.065(a)(1)(B).                                                          
   * Sec. 7.  AS14.17.031(a) is amended to read:                             
	(a)  The department shall adopt regulations defining funding                  
communities within each district that reflect geographic and                   
attendance area factors, and that include at least 10 students in            
average daily membership.  For the purpose of determining                    
instructional units, students are counted in the district and the              
funding community from which they receive educational services.                
The total number of instructional units in a school district is the sum        
of the following units for each funding community within the                   
district, as determined by the department:                                     
		(1)  the number of units for elementary and                                  
secondary students determined under AS14.17.041(a) or (b);                     
		(2)  the number of units for vocational education                            
determined under AS14.17.043;                                                  
		(3)  the number of units for special education                               
determined under AS14.17.045; ªANDß                                            
		(4)  the number of units for bilingual education                             
determined under AS14.17.047; and                                            
		(5)  the number of units for gifted and talented                             
education determined under AS14.17.048.                                      
   * Sec. 8.  AS14.17.031(b) is amended to read:                             
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3321
SB 244                                                                       
	(b)  If the total elementary and secondary instructional units                
that a school district is eligible to receive under (a) of this section        
decrease by five ª10ß percent or more from one fiscal year to the          
next, the school district may use the last fiscal year before the              
reduction as a base fiscal year and offset its reduction according to          
the following schedule: (1) for the first fiscal year after the base           
fiscal year, the school district is eligible to receive the total              
elementary and secondary instructional units determined under (a)(1)           
of this section plus 75 percent of the difference in total elementary          
and secondary instructional units between the base fiscal year and the         
first fiscal year after the base fiscal year; (2) for the second fiscal        
year after the base fiscal year, the school district is eligible to            
receive the total elementary and secondary instructional units                 
determined under (a)(1) of this section plus 50 percent of the                 
difference in total elementary and secondary instructional units               
between the base fiscal year and the second fiscal year after the base         
fiscal year; (3) for the third fiscal year after the base fiscal year, the     
school district is eligible to receive the total elementary and                
secondary instructional units determined under (a)(1) of this section          
plus 25 percent of the difference in total elementary and secondary            
instructional units between the base fiscal year and the third fiscal          
year after the base fiscal year.  The schedule established in this             
subsection is available to a school district for the three fiscal years        
following the base fiscal year only if the total elementary and                
secondary instructional units received by the school district under            
(a)(1) of this section for each fiscal year are less than the total            
elementary and secondary instructional units received by the school            
district in the base fiscal year.  This subsection does not apply to a         
decrease in total elementary and secondary instructional units                 
resulting from a loss of enrollment that occurs as a result of a               
boundary change under AS29.                                                    
   * Sec. 9.  AS14.17.041(a) is amended to read:                             
	(a)  For funding communities that have an average daily                       
membership of less than 200 in grades K-6 or less than 200 in                  
grades 7-12, combined elementary and secondary instructional units             
are determined under the following table:                                      
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3322
SB 244                                                                       
	ADM				No. Instructional Units                                                
	ª1 - 10				2ß                                                                 
	10 ª11ß - 20			2 + ((ADM-10)/5)                                           
	21 - 60			4 + ((ADM-20)/8)                                                    
	61 - 120			9 + ((ADM-60)/12)                                                  
	121 - 525			14 + ((ADM-120)/15).                                              
   * Sec. 10.  AS14.17.041 is amended by adding a new subsection             
to read:                                                                       
(e)  A district with an ADM of 900 or less that consists of                    
one funding community shall increase the elementary and secondary              
instructional units received under (a) or (b) of this section by               
multiplying the instructional units by a factor determined under the           
following table:                                                               
District ADMFactor                                                             
	   1- 250			  1.12                                                            
	 251- 525			  1.08                                                            
	 526- 900			  1.06.                                                           
   * Sec. 11.  AS14.17.045(a) is amended to read:                            
	(a)  An exceptional child, other than a gifted child, as both           
are defined in AS14.30.350, who is enrolled in a special education           
program, approved by the department, on the last day of the                    
counting period for which a determination is being made, generates             
[0.025 INSTRUCTIONAL UNITS IF THE CHILD RECEIVES                               
GIFTED SERVICES,ß 0.056 instructional units if the child receives              
resource services, 0.1 instructional units if the child receives self-         
contained services, or 0.333 instructional units if the child receives         
intensive or hospital/homebound services, as those categories of               
service are defined by the department by regulation, in the funding            
community in which the child is served.  A child may be counted                
in one special education category only.                                        
   * Sec. 12.  AS14.17.045(b) is amended to read:                            
	(b)  Notwithstanding (a) of this section, in a district that                  
offers a special education program for exceptional children other            
than gifted children, as both are defined in AS14.30.350, each               
funding community receives a minimum of 0.25 instructional units               
for special education for each funding community in which such a           
child is served or the district receives a minimum of 1.00                     
instructional units for special education, whichever is greater.               
   * Sec. 13.  AS14.17.047 is amended to read:                               
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3323
SB 244                                                                       
	Sec. 14.17.047.  BILINGUAL EDUCATION                                          
INSTRUCTIONAL UNITS.  A student for whom an appropriate                        
bilingual program must be provided under regulations adopted by the            
department, and who is enrolled in a bilingual program, approved by            
the department, as of the last day of the counting period for which            
a determination is being made, generates, in the funding community             
in which the student is served, 0.021 instructional units ªTHE             
NUMBER OF BILINGUAL EDUCATION INSTRUCTIONAL                                    
UNITS THAT IS THE PRODUCT OBTAINED BY MULTIPLYING                              
0.042 BY THE STUDENTS LANGUAGE DOMINANCE                                       
CATEGORY WEIGHT UNDER DEPARTMENT REGULATIONSß.                                 
A funding community in which a bilingual program approved by the               
department is operated receives a minimum of 0.10 instructional units          
for bilingual education, or a district in which a bilingual program is         
operated receives a minimum of 1.00 instructional units, whichever             
is greater.                                                                    
   * Sec. 14.  AS14.17 is amended by adding a new section to                 
read:                                                                          
	Sec. 14.17.048.  GIFTED AND TALENTED                                          
INSTRUCTIONAL UNITS.  Gifted and talented instructional units                  
for a funding community in a district are calculated by                        
		(1)  multiplying by .045 the elementary and                                  
secondary student enrollment in the funding community on the last              
day of the student counting period under AS14.17.160; and                      
		(2)  multiplying the product obtained under (1) of                           
this section by a supplemental revenue weighting factor specified in           
regulations adopted by the department.                                        
   * Sec. 15.  AS14.17 is amended by adding a new section to                  
read:                                                                          
	Sec. 14.17.065.  SUPPLEMENTAL EQUALIZATION AID.                               
(a)  In addition to state foundation aid for which a district may              
qualify under AS14.17.021, a school district is eligible to receive            
supplemental equalization funds as follows:                                    
		(1)  in a city or borough school district,                                   
supplemental equalization aid is equal to a                                    
		(A)  state share under the following formula:                               
		funding = Vs/(Vs + Vi) x Vs x 2.5 mills x                                   
District ADM;                                                                  
		(B)  local share under the following formula:                               
		funding = Vs x 2.5 mills x District ADM -                                   
the amount determined under (A) of this paragraph;                             

1996-04-16                     Senate Journal                      Page 3324
SB 244                                                                       
		(2)  in a regional educational attendance area,                              
supplemental equalization aid is equal to the amount determined                
under the formula provided under (1)(A) of this subsection in that             
regional educational attendance area.                                          
	(b)  In this section,                                                         
		(1)  "Vi" means the amount determined by dividing                            
the full and true value of the taxable real and personal property in           
the district as calculated under AS14.17.140 and AS29.45.110 by                
the District ADM for the same fiscal year for which the valuation of           
real and personal property was made;                                           
		(2)  "Vs" means the amount determined by dividing                            
the sum of the property valuations of all districts in the state by the        
total ADM of all districts in the state.                                       
   * Sec. 16.  AS14.17.080 is amended to read:                               
	Sec. 14.17.080.  STUDENT COUNT ESTIMATES.  Each                               
district shall prepare and submit to the department, by November20         
[OCTOBER15ß of each fiscal year, in the manner and on forms                    
prescribed by the department, an estimate of its average daily                 
membership and other student count data for the succeeding fiscal              
year, upon which computations can be made of the amount of                     
estimated state foundation aid for which the district will be eligible         
under AS14.17.021 in that fiscal year. In making this estimate for           
the succeeding fiscal year, the district shall consider its average          
daily membership in the current fiscal year, other student count           
data, the pattern of growth or decline in preceding years, and other           
pertinent information available to the district. The preliminary reports       
required by this section are the basis for estimating the need for state       
foundation aid for the next fiscal year.                                       
   * Sec. 17.  AS14.17.160(b) is amended to read:                            
	(b)  Upon written request and for good cause shown, the                       
commissioner may permit a district to use a 20-school-day counting             
period from the same school year other than the periods set out in         
(a) of this section.  However, the counting period must be 20                  
consecutive school days.                                                       
   * Sec. 18.  TRANSITION:  REGULATIONS.  The Department                     
of Education may immediately proceed to adopt regulations necessary            
to implement this Act.  The regulations take effect under the                  
Administrative Procedure Act, but not before July1, 1996.                      
   * Sec. 19.  Section 18 of this Act takes effect immediately under         
AS01.10.070(c).                                                                
                                                                               

1996-04-16                     Senate Journal                      Page 3325
SB 244                                                                       
   * Sec. 20.  Except as provided in sec. 19 of this Act, this Act           
takes effect July1, 1996."                                                     
                                                                               
Senator Phillips moved for the adoption of Amendment No. 6.                    
Senator Adams objected.                                                        
                                                                               
The question being: Shall Amendment No. 6 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 244(FIN) am                                                               
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Donley, Green, Halford, Kelly, Leman, R.Phillips, Rieger,               
Sharp, Taylor, Torgerson                                                       
                                                                               
Nays:  Adams, Duncan, Ellis, Frank, Hoffman, Lincoln, Miller,                  
Pearce, Salo, Zharoff                                                          
                                                                               
and so, Amendment No. 6 failed.                                                
                                                                               
CS FOR SENATE BILL NO. 244(FIN) am was automatically in                        
third reading.                                                                 
                                                                               
Senator Halford moved that the bill be returned to second reading for          
the purpose of a specific amendment, that being Amendment No. 7.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Halford offered Amendment No. 7:                                       
                                                                               
Add new section 4:                                                             
	Notwithstanding any other provision of law AS 14.17 shall                     
not be applied for funding public education after June 30, 1997.               
                                                                               
Renumber remaining sections.                                                   
                                                                               
Senator Halford moved for the adoption of Amendment No. 7.                     
Senator Duncan objected.                                                       
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3326
SB 244                                                                       
The question being: Shall Amendment No. 7 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 244(FIN) am                                                               
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Kelly, Leman, Miller, Pearce,                   
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Adams, Duncan, Ellis, Frank, Hoffman, Lincoln, Salo, Zharoff            
                                                                               
and so, Amendment No. 7 was adopted.                                           
                                                                               
CS FOR SENATE BILL NO. 244(FIN) am was automatically in                        
third reading.                                                                 
                                                                               
The question to be reconsidered: Shall CS SENATE BILL NO.                      
244(FIN) am "An Act relating to transportation of public school                
students; relating to school construction grants; relating to state            
foundation aid and supplementary state aid for education; and                  
providing for an effective date" pass the Senate?  The roll was                
taken with the following result:                                               
                                                                               
CSSB 244(FIN) am                                                               
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Halford, Hoffman,                  
Lincoln, Miller, Pearce, Salo, Zharoff                                         
                                                                               
Nays:  Green, Kelly, Leman, R.Phillips, Rieger, Sharp, Taylor,                 
Torgerson                                                                      
                                                                               
and so, CS FOR SENATE BILL NO. 244(FIN) am passed the                          
Senate on reconsideration.                                                     
                                                                               
Senator Halford moved the effective date clause.                               
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3327
SB 244                                                                       
The question being: Shall the effective date clause be adopted?                
The roll was taken with the following result:                                  
                                                                               
CSSB 244(FIN) am                                                               
Effective Date Vote                                                            
                                                                               
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo,             
Sharp, Torgerson, Zharoff                                                      
                                                                               
Nays:  Kelly, Taylor                                                           
                                                                               
and so, the effective date clause was adopted and the bill was                 
referred to the Secretary for engrossment.                                     
                                                                               
                                                                               
                                  CITATIONS                                  
                                                                               
Honoring - Daniel Lee Henry                                                    
Representative(s) Mackie                                                       
Senator(s) Zharoff, Hoffman, Taylor, Kelly, Duncan, Lincoln, Sharp,            
Donley, Green                                                                  
                                                                               
Honoring - Nora Guinn                                                          
Representative(s) Ivan                                                         
Senator(s) Hoffman, Zharoff, Taylor, Kelly, Duncan, Lincoln, Sharp,            
Leman, Green                                                                   
                                                                               
In Memoriam - Patricia Gettinger                                               
Representative(s) Vezey                                                        
Senator(s) Miller, Hoffman, Taylor, Kelly, Duncan, Lincoln, Sharp,             
Donley, Green                                                                  
                                                                               
In Memoriam - Mary Lou Davis                                                   
Representative(s) Vezey                                                        
Senator(s) Miller, Hoffman, Zharoff, Taylor, Kelly, Duncan, Lincoln,           
Sharp, Donley, Green                                                           
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3328
In Memoriam - Cavelila Andrew                                                  
Representative(s) Ivan                                                         
Senator(s) Hoffman, Zharoff, Taylor, Kelly, Duncan, Lincoln, Sharp,            
Green                                                                          
                                                                               
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.                                 
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 70                                                                        
SENATE BILL NO. 70 An Act relating to the public school                        
foundation program; and providing for an effective date which had              
been placed at the bottom of today's calendar (page 3262) was read             
the second time.                                                               
                                                                               
Senator Halford moved and asked unanimous consent that SENATE                  
BILL NO. 70 be held to the April 19 calendar.  Without objection,              
it was so ordered.                                                             
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 386                                                                       
Zero fiscal note for the Community and Regional Affairs Senate                 
Committee Substitute for CS FOR HOUSE BILL NO. 386(JUD) An                     
Act relating to cruelty to animals and to the power of first and               
second class boroughs to prohibit cruelty to animals published today           
from Department of Law.                                                        
                                                                               
HB 466                                                                       
Fiscal note for the Community and Regional Affairs Senate                      
Committee Substitute for CS FOR HOUSE BILL NO. 466(FIN) am                     
An Act establishing the Adak Reuse Authority published today                   
from Department of Commerce and Economic Development.                          
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   

1996-04-16                     Senate Journal                      Page 3329
                                 ENGROSSMENT                                 
                                                                               
SB 244                                                                       
CS FOR SENATE BILL NO. 244(FIN) am An Act relating to                          
transportation of public school students; relating to school                   
construction grants; relating to state foundation aid and                      
supplementary state aid for education; and providing for an effective          
date was engrossed, signed by the President and Secretary and                  
transmitted to the House for consideration.                                    
                                                                               
SB 321                                                                       
SENATE BILL NO. 321 am An Act relating to incompetency to                      
stand trial was engrossed, signed by the President and Secretary and           
transmitted to the House for consideration.                                    
                                                                               
HB 413                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 413(FIN) An Act                            
making appropriations for the operating and capital expenses of the            
state's integrated comprehensive mental health program; and                    
providing for an effective date was engrossed, signed by the                   
President and Secretary and returned to the House for consideration.           
                                                                               
                                                                               
                                  ENROLLMENT                                 
                                                                               
SB 84                                                                        
HOUSE CS FOR CS FOR SENATE BILL NO. 84(FIN) An Act                             
making a special appropriation to the principal of the permanent               
fund was enrolled, signed by the President and Secretary, Speaker              
and Chief Clerk and the engrossed and enrolled copies transmitted              
to the Office of the Governor at 2:20 p.m., April 16, 1996.                    
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in adjournment until 1:00 p.m., April 17, 1996.  Without                 
objection, the Senate adjourned at 2:45 a.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                            April 1996         

1996-04-16                     Senate Journal                      Page 3330
                                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                              
APR 17                         WEDNESDAY  1:30 PM                              
	-- MEETING CANCELLED --                                                      
+	SB 322DISTRIBUTION OF NATIONAL FOREST INCOME                                
	<BILL HELD TO 4/19/96>                                                       
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 19                          FRIDAY  1:30 PM                                
	SB 322DISTRIBUTION OF NATIONAL FOREST INCOME                                 
	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
APR 16                          TUESDAY  8:30 AM                               
	SUBCOMMITTEE OF THE WHOLE                                                    
	CAPITAL BUDGET:                                                              
	AHFC CAPITAL APPROPRIATIONS                                                  
                                                                               
APR 16                          TUESDAY  9:30 AM                               
	SB  98PERSONAL RESPONSIBILITY ACT                                            
	SB 229STATE TRAINING & EMPLOYMENT PROGRAM                                    
	SB 287UNINCORP. COMMUNITY MATCHING GRANTS                                    
	SB 301POSTSECONDARY EDUCATION                                                
	HJR  5LIMITING TERMS OF STATE LEGISLATORS                                    
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3331
                              FINANCE CONTINUED                              
APR 17                         WEDNESDAY  9:00 AM                              
	********CANCELLED********                                                    
	SUBCOMMITTEE OF THE WHOLE: CAPITAL BUDGET                                    
	(AHFC CAPITAL APPROPRIATIONS) CONTINUED                                      
                                                                               
APR 17                         WEDNESDAY  3:00 PM                              
	-MEETING POSTPONED TO AFTER SESSION-                                         
	SB  98PERSONAL RESPONSIBILITY ACT                                            
	SB 229STATE TRAINING & EMPLOYMENT PROGRAM                                    
	SB 287UNINCORP. COMMUNITY MATCHING GRANTS                                    
	SB 301POSTSECONDARY EDUCATION                                                
	SB 275STATE PROCUREMENT PRACTICES & PROCEDURES                               
	SB 283DOCUMENT FILING, INDEXING, & RECORDING                                 
	SB 284FOUR DAM POOL & POWER DEVELOPMENT FUND                                 
	HJR  5LIMITING TERMS OF STATE LEGISLATORS                                    
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                                                                               
APR 18                         THURSDAY  9:00 AM                               
	HB 466ADAK REUSE AUTHORITY                                                   
	SB 314RESTAURANT LIQUOR LICENSE OWNERSHIP                                    
	<PENDING REFERRAL>                                                           
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                                                                               
APR 19                          FRIDAY  9:00 AM                                
	SB 318NORTH STAR OIL & GAS LEASE AMENDMENT                                   
	<PENDING REFERRAL>                                                           
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
APR 17                         WEDNESDAY  9:00 AM                              
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 19                          FRIDAY  9:00 AM                                
	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
APR 17                         WEDNESDAY  1:30 PM                              
	NO MEETING SCHEDULED                                                         
	                                                                             
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3332
                             JUDICIARY CONTINUED                             
APR 19                          FRIDAY  1:30 PM                                
	BILLS PREVIOUSLY HEARD                                                       
+	SB 191ELECTION CAMPAIGN FINANCE REFORM                                      
+	HB 341TAX APPEALS/ASSESSMENT/LEVY/COLLECTION                                
+	HB 314VIOLATING DOMESTIC VIOLENCE ORDERS                                    
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
APR 16                          TUESDAY  1:30 PM                               
	HB 457UNLICENSED PRACTICE OF OCCUPATION                                      
	<BILL HELD TO 4/18>                                                          
+	HB 428LEASE-PURCHASE CORRECTIONAL FACILITY                                  
	<BILL HELD TO 4/18>                                                          
	HB 497CHIROPRACTIC PEER REVIEW                                               
	<BILL HELD TO 4/18>                                                          
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 18                         THURSDAY  1:30 PM                               
	HB 405BD OF OPTOMETRISTS; OPTICIANS                                          
	HB 432VETERINARY LICENSING                                                   
	HB 457UNLICENSED PRACTICE OF OCCUPATION                                      
	HB 428LEASE-PURCHASE CORRECTIONAL FACILITY                                   
	HB 497CHIROPRACTIC PEER REVIEW                                               
	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
APR 17                         WEDNESDAY  3:30 PM                              
+	ALASKA OIL & GAS CONSERVATION COMM.                                         
	CONFIRMATION HEARING: J. DAVID NORTON                                        
+	HB 325NO. SLOPE HEAVY OIL ROYALTY MODIFICATION                              
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 19                          FRIDAY  3:30 PM                                
+	BOARD OF GAME CONFIRMATION HEARINGS                                         
+	HB 388OIL & GAS LEASING; BEST INT. FINDINGS                                 
	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                                                               

1996-04-16                     Senate Journal                      Page 3333
                                    RULES                                    
                               FAHRENKAMP RM 203                               
APR 16                          TUESDAY 10:50 AM                               
	HB 412APPROPRIATIONS: OPERATING BUDGET                                       
	HB 413APPROPRIATIONS FOR MENTAL HEALTH                                       
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
APR 16                          TUESDAY  3:45 PM                               
	HB 210PRIVATE MOTOR VEHICLE LICENSING/TESTING                                
	<BILL POSTPONED TO 4/18>                                                     
	HB 364ELECTION CRIMES; INTERFERENCE W/VOTING                                 
	<BILL POSTPONED TO 4/18>                                                     
	HB 384PIONEERS' HOME - INABILITY TO PAY                                      
	<BILL POSTPONED TO 4/18>                                                     
	HB 437JUDICIAL OFFICERS COMPENSATION COMMISSION                              
	<BILL POSTPONED TO 4/18>                                                     
	BILLS PREVIOUSLY SCHEDULED                                                   
+	SB 314RESTAURANT LIQUOR LICENSE OWNERSHIP                                   
	                                                                             
                                                                               
APR 18                         THURSDAY  3:30 PM                               
	SB 3101996 REVISOR'S BILL                                                    
	HB 210PRIVATE MOTOR VEHICLE LICENSING/TESTING                                
	HB 364ELECTION CRIMES; INTERFERENCE W/VOTING                                 
	HB 384PIONEERS' HOME - INABILITY TO PAY                                      
	<PENDING REFERRAL>                                                           
	HB 437JUDICIAL OFFICERS COMPENSATION COMMISSION                              
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                                TRANSPORTATION                               
                               BUTROVICH ROOM 205                              
APR 16                          TUESDAY  3:45 PM                               
	SB 222AIDEA OPERATIONS/PROJECTS/LOANS                                        
	HB 526AIDEA OPERATIONS/PROJECTS/LOANS                                        
	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 18                         THURSDAY  1:30 PM                               
	SB 290APPROPRIATIONS: CAPITAL & OTHERS                                       
	BILLS PREVIOUSLY HEARD