Legislature(1995 - 1996)

1996-04-27 Senate Journal

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1996-04-27                     Senate Journal                      Page 3615
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                    NINETEENTH LEGISLATURE - SECOND SESSION                    
                                                                               
Juneau, Alaska                      Saturday                                   
                                                                               
                            One Hundred Eleventh Day                           
                                                                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:13 a.m.                                                           
                                                                               
                                                                               
The roll showed fifteen members present.  Senator Adams was                    
excused from a call of the Senate.  Senators Ellis, Phillips, Rieger,          
Salo were absent.                                                              
                                                                               
                                                                               
The prayer was offered by the Chaplain, Senator Leman.                         
                                                                               
                                                                               
Senator Leman led the Senate in the pledge of allegiance.                      
                                                                               
                                                                               
The presence of Senators Salo, Ellis was noted.                                
                                                                               
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Halford moved and asked unanimous consent that the journal             
for the one hundred tenth legislative day and Senate Journal                   
Supplement No. 13 be approved as certified by the Secretary.                   
Without objection, it was so ordered.                                          
                                                                               
                                                                               
                                      3615                                     

1996-04-27                     Senate Journal                      Page 3616
                           MESSAGES FROM THE HOUSE                           
                                                                               
SCR 8                                                                        
Message of April 26 was read, stating the Speaker granted limited              
powers of free conference to the House conferees considering CS                
FOR SENATE CONCURRENT RESOLUTION NO. 8(RLS) am H                               
Approving the revised open meetings guidelines proposed by the                 
Select Committee on Legislative Ethics, and CS FOR SENATE                      
CONCURRENT RESOLUTION NO. 8(RLS) Approving in part the                         
revised open meetings guidelines proposed by the Select Committee              
on Legislative Ethics, on all the points that are different on the two         
resolutions.                                                                   
                                                                               
President Pearce granted limited powers of free conference to the              
Senate members on April 26.                                                    
                                                                               
HB 335                                                                       
Message of April 26 was read, stating the House concurred in the               
Senate amendment to CS FOR HOUSE BILL NO. 335(RES)(title                       
am) CS FOR HOUSE BILL NO. 335(RES)(title am) An Act                            
extending the termination date of the Big Game Commercial Services             
Board; eliminating the requirement for a commercial use permit and             
for payment of commercial use permit fees; amending the                        
membership of the Big Game Commercial Services Board; relating                 
to the qualifications for an assistant guide-outfitter license;                
eliminating the requirement for testing of assistant guide-outfitters;         
providing for additional licensing requirements for transporters;              
eliminating the requirement for prior approval to enter or remain on           
state and federal land; eliminating the requirement to register base           
camps; amending the definition of `big game commercial services';              
and providing for an effective date, thus adopting:                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
335(FIN)                                                                       
An Act relating to big game guides and                                        
transporters; and providing for an effective date.                             
                                                                               
The House also passed:                                                         
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3617
SCR 27                                                                       
Message of April 26 was read, stating the House passed and                     
returned:                                                                      
                                                                               
SENATE CONCURRENT RESOLUTION NO. 27                                           
Suspending Uniform Rules 24(c), 35, 41(b), and                                
42(e) of the Alaska State Legislature concerning                               
House Bill No. 335, relating to the Big Game                                   
Commercial Services Board and the occupations                                  
regulated by the board.                                                        
                                                                               
The resolution was referred to the Secretary for enrollment.                   
                                                                               
HB 212                                                                       
Message of April 26 was read, stating the House concurred in the               
Senate amendment to CS FOR HOUSE BILL NO. 212 (FIN), thus                      
adopting:                                                                      
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
212(RES)                                                                       
An Act relating to the management and sale of                                 
state timber and relating to the administration of                             
forest land and classification of state land.                                  
                                                                               
SCR 25                                                                       
Message of April 26 was read, stating the House passed and                     
returned:                                                                      
                                                                               
SENATE CONCURRENT RESOLUTION NO. 25                                           
Relating to supporting home schooling and                                     
establishing Alaska Home Education Week.                                       
                                                                               
The resolution was referred to the Secretary for enrollment.                   
                                                                               
SJR 37                                                                       
Message of April 26 was read, stating the House passed and                     
returned:                                                                      
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3618
SJR 37                                                                       
SENATE JOINT RESOLUTION NO. 37                                                
Urging the United States Congress to give an                                  
affirmative expression of approval to a policy                                 
authorizing the state to regulate, restrict, or prohibit                       
the export of unprocessed logs harvested from its                              
land and from the land of its political subdivisions                           
and the University of Alaska.                                                  
                                                                               
The resolution was referred to the Secretary for enrollment.                   
                                                                               
SB 162                                                                       
Message of April 26 was read, stating the House passed and                     
returned:                                                                      
                                                                               
CS FOR SENATE BILL NO. 162(FIN)                                               
An Act relating to land used for agricultural                                 
purposes and to state land classified for agricultural                         
purposes or subject to the restriction of use for                              
agricultural purposes only; and annulling certain                              
program regulations of the Department of Natural                               
Resources that are inconsistent with the amendments                            
made by this Act.                                                              
                                                                               
The bill was referred to the Secretary for enrollment.                         
                                                                               
Message of April 26 was read, stating the House passed and                     
transmitted for consideration:                                                 
                                                                               
                  FIRST READING AND REFERENCE OF HOUSE BILLS                 
                                                                               
HB 198                                                                       
CS FOR HOUSE BILL NO. 198(STA) BY THE HOUSE STATE                              
AFFAIRS COMMITTEE, entitled:                                                   
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3619
HB 198                                                                       
An Act relating to absences from the state for                                
purposes of eligibility for permanent fund dividends                           
to care for a terminally ill parent, spouse, sibling,                          
child, or stepchild; to care for a parent, spouse,                             
sibling, child, or stepchild with a critical life-                             
threatening illness whose treatment plan, as                                   
recommended by the attending physician, requires                               
travel outside the state for treatment at a medical                            
specialty complex; and to settle the estate of a                               
deceased parent, spouse, sibling, child, or stepchild;                         
and providing for an effective date.                                           
                                                                               
was read the first time and referred to the State Affairs Committee.           
                                                                               
HB 204                                                                       
CS FOR HOUSE BILL NO. 204(FIN) am BY THE HOUSE                                 
FINANCE COMMITTEE, entitled:                                                   
                                                                               
An Act relating to the administrative revocation of a minor's license          
to drive; creating criminal offenses of minor operating a vehicle after        
consuming alcohol, a minor's refusal to submit to chemical test, and           
driving during the 24 hours after being cited for minor operating a            
vehicle after consuming alcohol or refusal to submit to chemical test;         
establishing penalties for these offenses; relating to court ordered           
drug and alcohol screening, evaluation, referral, and programs;                
relating to implied consent to certain testing if operating a motor            
vehicle, aircraft, or watercraft; relating to an instrument's working          
tolerance in a chemical breath test; relating to the authority of a            
court to impose a suspended sentence after failure to complete a               
treatment program upon conviction of felony driving while                      
intoxicated or felony refusal to submit to a chemical test; relating to        
the period of time a court may consider for determining prior                  
convictions in sentencing a person convicted of felony driving while           
intoxicated or felony refusal to submit to a chemical test; amending           
Rules 6 and 32.1, Alaska Rules of Criminal Procedure, to allow the             
use of hearsay evidence before a grand jury in a prosecution for               
felony driving while intoxicated or felony refusal to submit to a              
chemical test and to not require a presentence report for a first              
felony driving while intoxicated or first felony refusal to submit to          
a chemical test; and providing for an effective date.                          
                                                                               

1996-04-27                     Senate Journal                      Page 3620
HB 204                                                                       
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
HB 529                                                                       
HOUSE BILL NO. 529 BY THE HOUSE HEALTH, EDUCATION                              
AND SOCIAL SERVICES COMMITTEE, entitled:                                       
                                                                               
An Act giving notice of and approving the entry                               
into, and the issuance of certificates of participation                        
in, a lease-purchase agreement for a centralized                               
public health laboratory.                                                      
                                                                               
was read the first time and referred to the Health, Education and              
Social Services Committee.                                                     
                                                                               
HB 543                                                                       
CS FOR HOUSE BILL NO. 543(FIN)(title am) BY THE HOUSE                          
FINANCE COMMITTEE, entitled:                                                   
                                                                               
An Act establishing the procedures and conditions                             
for lessees of land leases at state airport and air                            
navigational facilities, including leases in holdover                          
status to receive a new lease of the same land or an                           
extended term of the existing lease; and relating to                           
the title and ownership, and the sale, removal, and                            
other disposition, of permanent improvements made                              
to a leasehold under an airport or air navigational                            
facility lease.                                                                
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
The presence of Senators Rieger, Phillips was noted.                           
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3621
                          STANDING COMMITTEE REPORTS                         
                                                                               
SB 180                                                                       
Forthcoming Finance Committee Substitute (page 3605) for SENATE                
BILL NO. 180 An Act authorizing the commissioner of the                        
Department of Natural Resources to negotiate and enter into timber             
sale contracts that provide for local manufacture of high value-added          
wood products; and establishing an Alaska Forest Products Research             
and Marketing Program within the Department of Commerce and                    
Economic Development was received today.                                       
                                                                               
SB 201                                                                       
Forthcoming Finance Committee Substitute (page 3605) for SENATE                
BILL NO. 201 An Act relating to the employment of emergency                    
fire-fighting personnel by the commissioner of natural resources was           
received today.                                                                
                                                                               
SB 318                                                                       
Forthcoming Resources Committee Substitute (page 3553) for                     
SENATE BILL NO. 318 An Act authorizing, approving, and                         
ratifying the amendment of Northstar Unit oil and gas leases between           
the State of Alaska and BP Exploration (Alaska) Inc.; and providing            
for an effective date was received today with the following                    
Resources Committee Letter of Intent:                                          
                                                                               
                                Letter of Intent                               
                                      for                                      
                                 CS for SB 318                                 
                                                                               
The legislature sets forth its intent regarding the meaning of certain         
words and phrases used in the Amendment to the Northstar Unit                  
Leases between the State of Alaska and BP Exploration (Alaska),                
Inc. (Amendment).  Specifically, the legislature sets forth its                
intent regarding Paragraph 41 of the 1980 Leases entitled                      
Employment of Alaskan Residents and Paragraph 31 of the 1983                   
Lease entitled Employment of Alaskan Residents in the                          
Amendment (collectively Employment Paragraphs).  The legislature               
intends that the Alaska residents and contractors discussed in the             
Employment Paragraphs are truly Alaskan and that Alaska residents              
throughout the state be given an opportunity to obtain employment              
on the Northstar project.                                                      
                                                                               

1996-04-27                     Senate Journal                      Page 3622
SB 318                                                                       
The legislature believes that its findings made in AS 36.10.005(a)             
(1)c(8) and (11)c(18), (c), and (d) regarding an employment                    
preference for Alaska residents on state construction projects are             
equally applicable to the Amendment.  The legislature believes that            
the state has a compelling interest in reducing the level of                   
unemployment among its residents.                                              
                                                                               
For purposes of Employment Paragraphs, the legislature intends that            
the phrases Alaska resident, residents of Alaska, and resident                 
personnel mean an individual who is physically present in the state            
with the intent to remain in the state indefinitely and to make a              
home in the state.  An individual demonstrates that intent by                  
maintaining a residence in the state for one year before the date of           
hire.  Other acceptable proof of that intent includes evidence that the        
individual:  (1) was registered to vote in Alaska for the year                 
previous to the date of hire; (2) attended school in Alaska within the         
year previous to the date of hire; (3) possessed an Alaska driver's,           
fishing, trapping, or hunting license for at least one year before the         
date of hire; or (4) received an Alaska permanent fund dividend for            
the year previous to the date of hire.  The hiring entity may also             
require that the individual state under oath that the individual is not        
claiming residency outside of the state or obtaining benefits under            
a claim of residency outside of the state.                                     
                                                                               
For purposes of the Employment Paragraphs, the legislature intends             
that the word available means Alaska residents who are located                 
anywhere in the state, not just residents located in the area of the           
state where the work is to be performed.  The legislature further              
intends that the word qualified means an individual who either                 
currently possesses the requisite education, training, skills, or              
experience to perform the work necessary for a particular position or          
is capable of performing such skills after completing one of the job           
training programs that are contemplated in the Employment                      
Paragraphs.                                                                    
                                                                               
The legislature understands that nonresidents will be hired only if            
there is no available and qualified Alaska resident to perform the             
work.  For purposes of the Employment Paragraphs, the legislature              
intends that the requirement to advertise for available positions              
locally includes advertising in newspapers and other publications              
located  throughout  the state, including  rural  areas, not  just in the      

1996-04-27                     Senate Journal                      Page 3623
SB 318                                                                       
location where the work is to be performed.  The legislature further           
intends that the requirement to use Alaska job service organizations           
includes those offices maintained by the Department of Labor whose             
functions are to aid the unemployed in finding employment and any              
job service organization located throughout the state, not just the            
location where the work is to be performed.                                    
                                                                               
For purposes of the Employment Paragraphs, the legislature intends             
that the phrases Alaska contractors and Alaska firms mean a firm               
or contractor that:                                                            
                                                                               
	(1) has held an Alaska business license for one year before                   
performing any work in connection with the Northstar leases; and               
	(2) has maintained for one year a place of business within                    
the state that deals in the supplies, services or construction of the          
nature required for the project before performing any work in                  
connection with the Northstar leases; and                                      
	(3) is                                                                        
		(a) a sole proprietorship and the proprietor is an                           
Alaska resident;                                                               
		(b) a partnership and more than fifty percent of the                         
partners are Alaska residents;                                                 
		(c) a corporation that has been incorporated in the                          
state; or                                                                      
		(d) is a joint venture composed entirely of ventures                         
that qualify under (1), (2), and (3), (a), (b), or (c) above.                  
                                                                               
For purposes of the Employment Paragraphs, the legislature intends             
that the requirements that the lessee furnish the Department of                
Labor a quarterly report regarding the Alaska residents on the leased          
area in compliance with regulations by the Commissioner of Labor               
and ªtßhe report must also include statistical data concerning the             
number of resident personnel hired within the past year for this               
lease comply with the reporting requirements of 8 AAC 30.062 and               
shall include information regarding the number of nonresidents hired           
within the past year, and the number of Alaska Contractors and non-            
Alaska contractors hired within the past year.  The legislature intends        
that the provisions of the Employment Paragraphs be enforced to the            
greatest extent permissible under the constitutions of the United              
States and the State of Alaska.                                                
                                                                               

1996-04-27                     Senate Journal                      Page 3624
HCR 26                                                                       
The Community and Regional Affairs Committee considered CS FOR                 
HOUSE CONCURRENT RESOLUTION NO. 26(FIN) am Relating                            
to creation of the Public Inebriate Task Force.  Signing do pass:              
Senator Torgerson, Chair, Senators Phillips, Zharoff, Hoffman, Kelly.          
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The resolution was referred to the Rules Committee.                            
                                                                               
HB 22                                                                        
The Finance Committee considered CS FOR HOUSE BILL NO.                         
22(FIN) An Act relating to long-term plans of certain state agencies           
and recommendations regarding elimination of duplication in state              
agency functions.  Signing do pass:  Senator Frank, Cochair.                   
Signing no recommendation:  Senator Halford, Cochair, Senators                 
Rieger, Phillips, Donley, Zharoff, Sharp.                                      
                                                                               
Previous House fiscal note.                                                    
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HB 192                                                                       
The Community and Regional Affairs Committee considered CS FOR                 
HOUSE BILL NO. 192(FIN) am An Act relating to housing                          
assistance provided by the Alaska Housing Finance Corporation and              
to its rural housing programs, to the corporation's supplemental               
housing development grants to regional housing authorities, and to             
housing programs of regional housing authorities; permitting regional          
housing authorities to make, originate, and service loans for the              
purchase and development of residential housing; and amending the              
definitions of `rural' and `small community' as applied in various             
housing programs and recommended it be replaced with                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
192(CRA)                                                                       
                                                                               
Signing do pass:  Senator Torgerson, Chair, Senators Phillips,                 
Zharoff, Hoffman.  Signing no recommendation:  Senator Kelly.                  
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3625
HB 192                                                                       
Previous House zero fiscal note applies to the Senate Committee                
Substitute.                                                                    
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
HB 520                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
520(FIN) An Act relating to death investigations and inquests,                 
coroners, public administrators, and medical examiners, including the          
state medical examiner; relating to the jurisdiction of district court         
judges and magistrates in certain cases involving death.  Signing do           
pass:  Senators Frank, Halford, Cochairs, Senators Rieger, Phillips,           
Zharoff, Sharp.  Signing no recommendation:  Senator Donley.                   
                                                                               
Previous House fiscal notes and zero fiscal note.                              
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HB 525                                                                       
The Finance Committee considered HOUSE BILL NO. 525                            
An Act designating certain permissible investments by the Alaska               
Permanent Fund Corporation in taxable municipal or state debt                  
securities and corporate debt securities; changing the allocation limits       
on domestic and nondomestic government and corporate securities,               
nondomestic corporate promissory notes, domestic and nondomestic               
corporate stocks, and taxable government debt securities; and                  
providing for an effective date.  Signing do pass:  Senator Frank,             
Cochair, Senators Rieger, Phillips, Zharoff.  Signing no                       
recommendation:  Senator Halford, Cochair, Senators Sharp, Donley.             
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SJR 5                                                                        
The Rules Committee considered SPONSOR SUBSTITUTE FOR                          
SENATE JOINT RESOLUTION NO. 5 Proposing an amendment to                        
the Constitution of the United States establishing the rights of               
victims of crimes, and recommended it be replaced with                         
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3626
SJR 5                                                                        
CS FOR SPONSOR SUBSTITUTE FOR SENATE                                          
JOINT RESOLUTION NO. 5(RLS)                                                    
Supporting an amendment to the Constitution of the                            
United States establishing the rights of victims of                            
crimes.                                                                        
                                                                               
Signing to calendar and do pass:  Senator Miller, Chair, Senators              
Pearce, Sharp, Salo.                                                           
                                                                               
Previous zero fiscal note.                                                     
                                                                               
The resolution is on today's calendar.                                         
                                                                               
SB 180                                                                       
The Rules Committee considered SENATE BILL NO. 180 An Act                      
authorizing the commissioner of the Department of Natural Resources            
to negotiate and enter into timber sale contracts that provide for local       
manufacture of high value-added wood products; and establishing an             
Alaska Forest Products Research and Marketing Program within the               
Department of Commerce and Economic Development.  Signing to                   
calendar:  Senator Miller, Chair, Senators Pearce, Sharp, Salo.                
                                                                               
The bill is on today's calendar.                                               
                                                                               
SB 201                                                                       
The Rules Committee considered SENATE BILL NO. 201 An Act                      
relating to the employment of emergency fire-fighting personnel by             
the commissioner of natural resources.  Signing to calendar:                   
Senator Miller, Chair, Senators Pearce, Sharp, Salo.                           
                                                                               
The bill is on today's calendar.                                               
                                                                               
HJR 60                                                                       
The Rules Committee considered CS FOR HOUSE JOINT                              
RESOLUTION NO. 60(RES) Relating to Revised Statute 2477                        
rights-of-way.  Signing to calendar:  Senator Miller, Chair, Senators          
Pearce, Sharp.  Signing no recommendation:  Senator Salo.                      
                                                                               
The resolution is on today's calendar.                                         
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3627
HB 18                                                                        
The Rules Committee considered HOUSE BILL NO. 18 An Act                        
amending the statute of limitations applicable to civil actions brought        
against peace officers and coroners.  Signing to calendar:  Senator            
Miller, Chair, Senators Pearce, Duncan, Sharp, Salo.                           
                                                                               
The bill is on today's calendar.                                               
                                                                               
HB 265                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
265(FSH) An Act relating to the export of live dungeness crab.                 
Signing to calendar:  Senator Miller, Chair, Senators Duncan, Sharp.           
                                                                               
The bill is on today's calendar.                                               
                                                                               
HB 339                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
339(JUD) am An Act relating to children-in-need-of-aid proceedings;            
relating to the termination of parental rights of incarcerated parents;        
and providing for an effective date.  Signing to calendar:  Senator            
Miller, Chair, Senators Pearce, Sharp, Salo.  Signing no                       
recommendation:  Senator Duncan.                                               
                                                                               
The bill is on today's calendar.                                               
                                                                               
HB 382                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
382(STA) An Act relating to the Board of Dispensing Opticians;                 
and providing for an effective date.  Signing to calendar:  Senator            
Miller, Chair, Senators Pearce, Sharp, Salo.                                   
                                                                               
The bill is on today's calendar.                                               
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3628
HB 387                                                                       
The Rules Committee considered CS FOR SPONSOR SUBSTITUTE                       
FOR HOUSE BILL NO. 387(JUD) am An Act rearranging existing                     
provisions of AS 47.10 into chapters separately addressing the topics          
of children in need of aid, delinquent minors, and the institutions,           
facilities, and management, administration, and oversight of programs          
relating to minors, and conforming references and making other                 
conforming changes due to that rearrangement; amending the manner              
of determining support obligations for children in need of aid and             
delinquent minors; amending the purpose of delinquency provisions;             
amending hearing procedures used in delinquency proceedings;                   
amending provisions relating to enforcement of a restitution order             
entered against a minor; setting out the considerations to be given by         
a court in making its dispositional orders for minors adjudicated              
delinquent; authorizing municipalities to establish curfews for minors         
by ordinance; relating to enforcement of truancy under the                     
compulsory school attendance law; and amending Rule 23(d), Alaska              
Delinquency Rules.  Signing to calendar:  Senator Miller, Chair,               
Senators Sharp, Salo.                                                          
                                                                               
The bill is on today's calendar.                                               
                                                                               
HB 388                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
388(RES) am An Act revising laws relating to oil and gas leasing               
as related to land previously the subject of a written best interest           
finding; amending provisions setting out exceptions to sales, leases,          
or other disposals for which a revised written best interest finding is        
not required; encouraging annual offer of land for oil and gas leases          
if the land was the subject of a best interest finding; and modifying          
the statement of purpose in the Alaska Land Act as it applies to oil           
and gas leasing to provide for annual lease sales.  Signing to                 
calendar:  Senator Miller, Chair, Senators Sharp, Pearce, Salo.                
                                                                               
The bill is on today's calendar.                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3629
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 180                                                                       
SENATE BILL NO. 180 An Act authorizing the commissioner of                     
the Department of Natural Resources to negotiate and enter into                
timber sale contracts that provide for local manufacture of high               
value-added wood products; and establishing an Alaska Forest                   
Products Research and Marketing Program within the Department of               
Commerce and Economic Development was read the second time.                    
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of the Finance Committee Substitute offered on page 3605.             
Senator Duncan objected.                                                       
                                                                               
The question being: Shall the Finance Committee Substitute be                  
adopted?  The roll was taken with the following result:                        
                                                                               
SB 180                                                                         
Second Reading                                                                 
Adopt Finance Committee Substitute?                                            
                                                                               
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                  
                                                                               
Excused:  Adams                                                                
                                                                               
and so, CS FOR SENATE BILL NO. 180(FIN) An Act authorizing                     
the commissioner of natural resources to negotiate and enter into              
timber sale contracts that provide for local manufacture of high               
value-added wood products; and establishing an Alaska Forest                   
Products Research and Marketing Program within the Department of               
Commerce and Economic Development was adopted and read the                     
second time.                                                                   
                                                                               
Senator Duncan offered Amendment No. 1 :                                        
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3630
SB 180                                                                       
Page 2, line 11:                                                               
	Delete 10,000,000                                                             
	Insert   5,000,000                                                            
                                                                               
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:                                           
                                                                               
CSSB 180(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  6   NAYS:  13   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Hoffman, Lincoln, Salo                           
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff                          
                                                                               
Excused:  Adams                                                                
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 2 :                                        
                                                                               
Page 2, line 20:                                                               
	Delete three                                                                  
	Insert  two                                                                   
                                                                               
Page 5, line 7:                                                                
	Delete three                                                                  
	Insert  two                                                                   
                                                                               
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:                                           
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3631
SB 180                                                                       
                                                                               
CSSB 180(FIN)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  8   NAYS:  11   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Taylor,                  
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Torgerson                                           
                                                                               
Excused:  Adams                                                                
                                                                               
and so, Amendment No. 2 failed.                                                
                                                                               
Senator Duncan offered Amendment No. 3 :                                        
                                                                               
Page 4, line 9:                                                                
	Insert new section to read:                                                   
	A purchaser may not be a party to more than one contract                      
under this section at any one time.                                            
                                                                               
Reletter the corresponding section:                                            
	(k)                                                                           
                                                                               
Senator Duncan 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:                                           
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3632
SB 180                                                                       
                                                                               
CSSB 180(FIN)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  6   NAYS:  13   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Hoffman, Lincoln, Salo                           
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff                          
                                                                               
Excused:  Adams                                                                
                                                                               
and so, Amendment No. 3 failed.                                                
                                                                               
Senator Halford moved that the bill be considered engrossed,                   
advanced to third reading and placed on final passage.  Senator Ellis          
objected.                                                                      
                                                                               
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               
CSSB 180(FIN)                                                                  
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                  
                                                                               
Excused:  Adams                                                                
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
CS FOR SENATE BILL NO. 180(FIN) will appear on the April 28                    
calendar.                                                                      
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3633
                                    RECESS                                   
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in recess to 12:30 p.m.  Without objection, the Senate recessed          
at 11:53 a.m.                                                                  
                                                                               
                                 AFTER RECESS                                
                                                                               
The Senate reconvened at 12:45 p.m.                                            
                                                                               
                                                                               
SB 201                                                                       
SENATE BILL NO. 201 An Act relating to the employment of                       
emergency fire-fighting personnel by the commissioner of natural               
resources was read the second time.                                            
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of the Finance Committee Substitute offered on page 3605.             
                                                                               
Senator Halford called the Senate.  The call was satisfied..                   
                                                                               
There being no objections, CS FOR SENATE BILL NO. 201(FIN)                     
was adopted and read the second time.                                          
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
placed at the bottom of today's calendar.  Without objection, it was           
so ordered.                                                                    
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 18                                                                        
HOUSE BILL NO. 18 An Act amending the statute of limitations                   
applicable to civil actions brought against peace officers and                 
coroners was read the second time.                                             
                                                                               
Senators Kelly, Pearce moved and asked unanimous consent that they             
be shown as cross sponsors on the bill.  Without objection, it was             
so ordered.                                                                    
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3634
HB 18                                                                        
Senator Halford moved and asked unanimous consent that the bill be             
advanced to third reading and placed on final passage.  Senator                
Duncan objected.                                                               
                                                                               
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               
HB 18                                                                          
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                  
                                                                               
Excused:  Adams                                                                
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
HOUSE BILL NO. 18 will appear on the April 28 calendar.                        
                                                                               
HB 265                                                                       
CS FOR HOUSE BILL NO. 265(FSH) An Act relating to the                          
export of live dungeness crab. was read the second time.                       
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
advanced to third reading and placed on final passage.  Senator                
Duncan objected.                                                               
                                                                               
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3635
HB 265                                                                       
                                                                               
CSHB 265(FSH)                                                                  
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                  
                                                                               
Excused:  Adams                                                                
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
CS FOR HOUSE BILL NO. 265(FSH) will appear on the April 28                     
calendar.                                                                      
                                                                               
HB 339                                                                       
CS FOR HOUSE BILL NO. 339(JUD) am An Act relating to                           
children-in-need-of-aid proceedings; relating to the termination of            
parental rights of incarcerated parents; and providing for an effective        
date was read the second time.                                                 
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
advanced to third reading and placed on final passage.  Without                
objection, it was so ordered.                                                  
                                                                               
CS FOR HOUSE BILL NO. 339(JUD) am was read the third time.                     
                                                                               
The question being: Shall CS FOR HOUSE BILL NO. 339(JUD)                       
am An Act relating to children-in-need-of-aid proceedings; relating            
to the termination of parental rights of incarcerated parents; and             
providing for an effective date pass the Senate?  The roll was                 
taken with the following result:                                               
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3636
HB 339                                                                       
                                                                               
CSHB 339(JUD) am                                                               
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman,                  
Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo,               
Sharp, Taylor, Torgerson, Zharoff                                              
                                                                               
Excused:  Adams                                                                
                                                                               
and so, CS FOR HOUSE BILL NO. 339(JUD) am passed the                           
Senate.                                                                        
                                                                               
Senator Halford moved and asked unanimous consent that the vote                
on the passage of the bill be considered the vote on the effective             
date clause.  Without objection, it was so ordered and the bill  was           
signed by the President and Secretary and returned to the House.               
                                                                               
HB 382                                                                       
CS FOR HOUSE BILL NO. 382(STA) An Act relating to the                          
Board of Dispensing Opticians; and providing for an effective date             
was read the second time.                                                      
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
advanced to third reading and placed on final passage.  Objections             
were heard.                                                                    
                                                                               
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               
CSHB 382(STA)                                                                  
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                  
                                                                               
Excused:  Adams                                                                
                                                                               

1996-04-27                     Senate Journal                      Page 3637
HB 382                                                                       
and so, the bill failed to advance to third reading.                           
                                                                               
CS FOR HOUSE BILL NO. 382(STA) will appear on the April 28                     
calendar.                                                                      
                                                                               
HB 387                                                                       
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                   
387(JUD) am An Act rearranging existing provisions of AS 47.10                 
into chapters separately addressing the topics of children in need of          
aid, delinquent minors, and the institutions, facilities, and                  
management, administration, and oversight of programs relating to              
minors, and conforming references and making other conforming                  
changes due to that rearrangement; amending the manner of                      
determining support obligations for children in need of aid and                
delinquent minors; amending the purpose of delinquency provisions;             
amending hearing procedures used in delinquency proceedings;                   
amending provisions relating to enforcement of a restitution order             
entered against a minor; setting out the considerations to be given by         
a court in making its dispositional orders for minors adjudicated              
delinquent; authorizing municipalities to establish curfews for minors         
by ordinance; relating to enforcement of truancy under the                     
compulsory school attendance law; and amending Rule 23(d), Alaska              
Delinquency Rules was read the second time.                                    
                                                                               
Senator Taylor moved and asked unanimous consent for the adoption              
of the Judiciary Senate Committee Substitute offered on page 3341.             
Senator Duncan objected, then withdrew his objection.   There being            
no further objections, SENATE CS FOR CS FOR SPONSOR                            
SUBSTITUTE FOR HOUSE BILL NO. 387(JUD) was adopted and                         
read the second time.                                                          
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
considered engrossed, advanced to third reading and placed on final            
passage.  Senator Duncan objected.                                             
                                                                               
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3638
HB 387                                                                       
                                                                               
SCS CS SSHB 387(JUD)                                                           
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                  
                                                                               
Excused:  Adams                                                                
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE                              
BILL NO. 387(JUD) will appear on the April 28 calendar.                        
                                                                               
HB 388                                                                       
CS FOR HOUSE BILL NO. 388(RES) am An Act revising laws                         
relating to oil and gas leasing as related to land previously the              
subject of a written best interest finding; amending provisions setting        
out exceptions to sales, leases, or other disposals for which a revised        
written best interest finding is not required; encouraging annual offer        
of land for oil and gas leases if the land was the subject of a best           
interest finding; and modifying the statement of purpose in the                
Alaska Land Act as it applies to oil and gas leasing to provide for            
annual lease sales was read the second time.                                   
                                                                               
Senator Leman moved and asked unanimous consent for the adoption               
of the Resources Senate Committee Substitute offered on page 3413.             
Senator Duncan objected, then withdrew his objection.  There being             
no further objections, SENATE CS FOR CS FOR HOUSE BILL                         
NO. 388(RES) was adopted and read the second time.                             
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
considered engrossed, advanced to third reading and placed on final            
passage.  Senator Duncan objected.                                             
                                                                               
The question being: Shall the bill be advanced to third reading?               
The roll was taken with the following result:                                  
                                                                               

1996-04-27                     Senate Journal                      Page 3639
HB 388                                                                       
                                                                               
SCS CSHB 388(RES)                                                              
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                  
                                                                               
Excused:  Adams                                                                
                                                                               
and so, the bill failed to advance to third reading.                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 388(RES) will                              
appear on the April 28 calendar.                                               
                                                                               
                                                                               
                        THIRD READING OF SENATE BILLS                        
                                                                               
SB 270                                                                       
CS FOR SENATE BILL NO. 270(FIN) An Act relating to                             
juveniles; relating to the jurisdiction of juvenile courts; and relating       
to the release of juveniles was read the third time.                           
                                                                               
Senator Rieger 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.                    
                                                                               
Senator Rieger offered Amendment No. 1 :                                        
                                                                               
Page 3, line 27 through page 4, line 2:                                        
	Delete all material and replace with:                                         
	the court shall consider the                                                  
	(1) best interests of the child;                                            
	(2) best interests of the public; and                                         
	(3) ª. IN EITHER CASE THE COURT SHALL CONSIDER                              
ALSO                                                                           
                                                                               
Senator Rieger moved for the adoption of Amendment No. 1.                      
Senator Donley objected.                                                       
                                                                               

1996-04-27                     Senate Journal                      Page 3640
SB 270                                                                       
The question being: Shall Amendment No. 1 be adopted?  The roll                
was taken with the following result:                                           
                                                                               
CSSB 270(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  9   NAYS:  10   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Duncan, Ellis, Hoffman, Lincoln, Pearce, Rieger, Salo,                  
Torgerson, Zharoff                                                             
                                                                               
Nays:  Donley, Frank, Green, Halford, Kelly, Leman, Miller,                    
R.Phillips, Sharp, Taylor                                                      
                                                                               
Excused:  Adams                                                                
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
CS FOR SENATE BILL NO. 270(FIN) was automatically in third                     
reading.                                                                       
                                                                               
Senator Halford moved and asked unanimous consent that President               
Pearce be shown as a cosponsor on the bill.  Without objection, it             
was so ordered.                                                                
                                                                               
Senators Taylor, Miller, Leman, Kelly, Donley, Sharp moved and                 
asked unanimous consent that they be shown as cosponsors on the                
bill.  Without objection, it was so ordered.                                   
                                                                               
The question being: Shall CS FOR SENATE BILL NO. 270(FIN)                      
An Act relating to juveniles; relating to the jurisdiction of juvenile         
courts; and relating to the release of juveniles pass the Senate?              
The roll was taken with the following result:                                  
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3641
SB 270                                                                       
                                                                               
CSSB 270(FIN)                                                                  
Third Reading - Final Passage                                                  
                                                                               
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller,           
Pearce, R.Phillips, Salo, Sharp, Taylor, Torgerson, Zharoff                    
                                                                               
Nays:  Duncan, Ellis, Hoffman, Rieger                                          
                                                                               
Excused:  Adams                                                                
                                                                               
and so, CS FOR SENATE BILL NO. 270(FIN) passed the Senate.                     
                                                                               
Senator Salo gave notice of reconsideration.                                   
                                                                               
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 93                                                                        
SENATE CS FOR HOUSE BILL NO. 93(HES) was read the third                        
time.                                                                          
                                                                               
The question being: Shall SENATE CS FOR HOUSE BILL NO.                         
93(HES) An Act relating to the duty-free mealtime for teachers in              
certain school facilities pass the Senate?  The roll was taken with            
the following result:                                                          
                                                                               
SCS HB 93(HES)                                                                 
Third Reading - Final Passage                                                  
                                                                               
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                  
                                                                               
Excused:  Adams                                                                
                                                                               
and so, SENATE CS FOR HOUSE BILL NO. 93(HES) passed the                        
Senate.                                                                        
                                                                               

1996-04-27                     Senate Journal                      Page 3642
HB 93                                                                        
Senator Kelly gave notice of reconsideration.                                  
                                                                               
HB 333                                                                       
HOUSE BILL NO. 333 was read the third time.                                    
                                                                               
The question being: Shall HOUSE BILL NO. 333 An Act relating                   
to licensure requirements for employees of the office of public                
advocacy and the Public Defender Agency pass the Senate?  The                  
roll was taken with the following result:                                      
                                                                               
HB 333                                                                         
Third Reading - Final Passage                                                  
                                                                               
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman,                  
Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo,               
Sharp, Taylor, Torgerson, Zharoff                                              
                                                                               
Excused:  Adams                                                                
                                                                               
and so, HOUSE BILL NO. 333 passed the Senate, was signed by the                
President and Secretary and returned to the House.                             
                                                                               
HB 459                                                                       
CS FOR HOUSE BILL NO. 459(JUD) am was read the third time.                     
                                                                               
The question being: Shall CS FOR HOUSE BILL NO. 459(JUD)                       
am An Act relating to the jurisdiction governing a trust, to                   
challenges to trusts or property transfers in trust, to the validity of        
trust interests, and to transfers of certain trust interests pass the          
Senate?  The roll was taken with the following result:                         
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3643
HB 459                                                                       
                                                                               
CSHB 459(JUD) am                                                               
Third Reading - Final Passage                                                  
                                                                               
YEAS:  17   NAYS:  2   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Green, Halford, Hoffman, Kelly, Leman,                   
Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor,              
Torgerson, Zharoff                                                             
                                                                               
Nays:  Duncan, Ellis                                                           
                                                                               
Excused:  Adams                                                                
                                                                               
and so, CS FOR HOUSE BILL NO. 459(JUD) am passed the                           
Senate.                                                                        
                                                                               
Senator Hoffman gave notice of reconsideration.                                
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SJR 5                                                                        
SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO.                             
5 Proposing an amendment to the Constitution of the United States              
establishing the rights of victims of crimes, was read the second              
time.                                                                          
                                                                               
Senator Miller moved and asked unanimous consent for the adoption              
of the Rules Committee Substitute offered on page 3625.  Without               
objection, CS FOR SPONSOR SUBSTITUTE FOR SENATE JOINT                          
RESOLUTION NO. 5(RLS) Supporting an amendment to the                           
Constitution of the United States establishing the rights of victims of        
crimes, was adopted and read the second time.                                  
                                                                               
Senator Halford moved and asked unanimous consent that the                     
resolution be considered engrossed, advanced to third reading and              
placed on final passage.  Without objection, it was so ordered.                
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR SENATE JOINT                                     
RESOLUTION NO. 5(RLS) was read the third time.                                 
                                                                               
Senators Phillips, Pearce, Green, Leman, Taylor, Hoffman moved and             
asked unanimous consent that they be shown as cosponsors on the                
resolution.  Without objection, it was so ordered.                             

1996-04-27                     Senate Journal                      Page 3644
SJR 5                                                                        
The question being: Shall CS FOR SPONSOR SUBSTITUTE FOR                        
SENATE JOINT RESOLUTION NO. 5(RLS) Supporting an                               
amendment to the Constitution of the United States establishing the            
rights of victims of crimes, pass the Senate?  The roll was taken              
with the following result:                                                     
                                                                               
CS SSSJR 5(RLS)                                                                
Third Reading - Final Passage                                                  
                                                                               
YEAS:  19   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman,                  
Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo,               
Sharp, Taylor, Torgerson, Zharoff                                              
                                                                               
Excused:  Adams                                                                
                                                                               
and so, CS FOR SPONSOR SUBSTITUTE FOR SENATE JOINT                             
RESOLUTION NO. 5(RLS) passed the Senate and was referred to                    
the Secretary for engrossment.                                                 
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 60                                                                       
CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) Relating to                          
Revised Statute 2477 rights-of-way, was read the second time.                  
                                                                               
Senator Leman moved and asked unanimous consent for the adoption               
of the Resources Senate Committee Substitute offered on page 3012.             
Without objection, SENATE CS FOR CS FOR HOUSE JOINT                            
RESOLUTION NO. 60(RES) was adopted and was read the second                     
time.                                                                          
                                                                               
Senator Halford moved and asked unanimous consent that the                     
resolution be considered engrossed, advanced to third reading and              
placed on final passage.  Without objection, it was so ordered.                
                                                                               
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                
60(RES) was read the third time.                                               
                                                                               
The question being: Shall SENATE CS FOR CS FOR HOUSE                           
JOINT RESOLUTION NO. 60(RES) Relating to Revised Statute                       
2477 rights-of-way, pass the Senate?  The roll was taken with the              
following result:                                                              

1996-04-27                     Senate Journal                      Page 3645
HJR 60                                                                       
                                                                               
SCS CSHJR 60(RES)                                                              
Third Reading - Final Passage                                                  
                                                                               
YEAS:  18   NAYS:  1   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Duncan, Frank, Green, Halford, Hoffman, Kelly,                  
Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp,               
Taylor, Torgerson, Zharoff                                                     
                                                                               
Nays:  Ellis                                                                   
                                                                               
Excused:  Adams                                                                
                                                                               
and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION                            
NO. 60(RES) passed the Senate.                                                 
                                                                               
Senator Ellis gave notice of reconsideration.                                  
                                                                               
                                                                               
                      THIRD READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 52                                                                       
CS FOR HOUSE JOINT RESOLUTION NO. 52(JUD) am was read                          
the third time.                                                                
                                                                               
The question being: Shall CS FOR HOUSE JOINT RESOLUTION                        
NO. 52(JUD) am Relating to the creation of a new United States                 
Court of Appeals for the Twelfth Circuit, pass the Senate?  The roll           
was taken with the following result:                                           
                                                                               
CSHJR 52(JUD) am                                                               
Third Reading - Final Passage                                                  
                                                                               
YEAS:  16   NAYS:  3   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller,           
Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff            
                                                                               
Nays:  Duncan, Ellis, Hoffman                                                  
                                                                               
Excused:  Adams                                                                
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3646
HJR 52                                                                       
and so, CS FOR HOUSE JOINT RESOLUTION NO. 52(JUD) am                           
passed the Senate.                                                             
                                                                               
Senator Lincoln gave notice of reconsideration.                                
                                                                               
                                                                               
                                  CITATIONS                                  
                                                                               
Honoring - Sandy Nusbaum                                                       
Senator(s) Torgerson, Halford, Adams, Leman, Kelly, Taylor,                    
Duncan, Lincoln, Miller, Zharoff, Pearce, Salo, Sharp, Rieger, Green           
                                                                               
Honoring - Christopher Kip Hyer, Eagle Scout                                   
Representative(s) Porter                                                       
Senator(s) Donley, Green, Leman, Taylor, Kelly, Duncan, Lincoln,               
Zharoff, Pearce, Salo, Sharp, Green, Halford                                   
                                                                               
Honoring - John McDonald                                                       
Representative(s) Ivan                                                         
Senator(s) Hoffman, Leman, Taylor, Kelly, Duncan, Lincoln, Zharoff,            
Pearce, Sharp, Green                                                           
                                                                               
Honoring - John Faeo and Bob Gilman                                            
Representative(s) Kohring, Masek                                               
Senator(s) Halford, Green, Leman, Hoffman, Taylor, Kelly, Duncan,              
Lincoln, Zharoff, Pearce, Sharp                                                
                                                                               
Honoring - Colony High School Hockey Team, 1995-96 Region III                  
Champions                                                                      
Representative(s) Kohring                                                      
Senator(s) Halford, Green, R. Phillips, Leman, Hoffman, Taylor,                
Kelly, Duncan, Lincoln, Zharoff, Sharp, Rieger                                 
                                                                               
Honoring - Palmer High Varsity Soccer Team                                     
Representative(s) Ogan                                                         
Senator(s) Green, Halford, Leman, Hoffman, Taylor, Kelly, Duncan,              
Lincoln, Zharoff, Pearce, Sharp, Rieger                                        
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3647
In Memoriam - William L. Bill Weiss                                            
Representative(s) Williams                                                     
Senator(s) Taylor, Hoffman, Kelly, Duncan, Lincoln, Zharoff, Sharp,            
Green                                                                          
                                                                               
In Memoriam - Marti Steckel                                                    
Representative(s) G. Phillips, Navarre                                         
Senator(s) Torgerson, Salo, Hoffman, Taylor, Kelly, Duncan, Lincoln,           
Zharoff, 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.                                 
                                                                               
                                                                               
                             CITATIONS CONTINUED                             
                                                                               
Honoring - Tuckerman Babcock, For Outstanding Public Service                   
Representative(s) Kohring                                                      
Senator(s) Halford, Green, Leman, Taylor, Kelly, Miller, Pearce,               
Sharp, Frank                                                                   
                                                                               
Senator Halford moved that the above citation be adopted.                      
Objections were heard.                                                         
                                                                               
The question being: Shall the citation honoring Tuckerman Babcock              
be adopted?  The roll was taken with the following result:                     
                                                                               
Citation - Tuckerman Babcock                                                   
                                                                               
YEAS:  12   NAYS:  7   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff                  
                                                                               
Excused:  Adams                                                                
                                                                               
and so, the citation was adopted.                                              
                                                                               
Senator Donley gave notice of reconsideration.                                 
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3648
                   SECOND READING OF SENATE BILLS CONTINUED                  
                                                                               
SB 201                                                                       
CS FOR SENATE BILL NO. 201(FIN) An Act relating to the                         
employment of emergency fire-fighting personnel by the                         
commissioner of natural resources which had been placed at the                 
bottom of today's calendar (page 3633) will appear on the April 28             
calendar.                                                                      
                                                                               
                                                                               
                                  CITATIONS                                  
                                                                               
Senator Halford moved and asked unanimous consent that the notice              
and publication requirements be waived and the following citation be           
made a special order of business.  Without objection, it was so                
ordered.                                                                       
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Honoring - Darlene Pasley, Fairbanks Service Area Manager, Alaska              
Department of Labor                                                            
Representative(s) Davies                                                       
Senator(s) Frank, Duncan, Kelly, Taylor, Hoffman, Zharoff, Donley,             
Miller, Pearce, Lincoln                                                        
                                                                               
Senator Halford moved and asked unanimous consent that the                     
citation be adopted.  Without objection, the citation was adopted and          
referred to the Secretary for transmittal.                                     
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 104                                                                       
Senators Halford, Phillips moved and asked unanimous consent that              
they be shown as cross sponsors on CS FOR SPONSOR                              
SUBSTITUTE FOR HOUSE BILL NO. 104(JUD) am An Act                               
relating to disclosures of information about certain minors.  Without          
objection, it was so ordered.                                                  
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3649
HJR 59                                                                       
The reconsideration on SENATE CS FOR CS FOR HOUSE JOINT                        
RESOLUTION NO. 59(RES) Respectfully requesting the                             
Environmental Protection Agency to issue a final National Pollutant            
Discharge Elimination System permit for Cook Inlet oil and gas                 
operations that omits the incremental permittee monitoring and                 
reporting obligations identified in the Agency's draft permit and,             
consistent with the philosophy of the Agency's 1996 National Water             
Program Agenda, allows the permittees to operate under pollutant               
discharge monitoring and reporting requirements that are not more              
rigorous than those requirements of the Cook Inlet National Pollutant          
Discharge Elimination System permit in place, was not taken up this            
legislative day and the resolution was referred to the Secretary for           
engrossment.                                                                   
                                                                               
HB 25                                                                        
The reconsideration on CS FOR HOUSE BILL NO. 25(FIN) An                        
Act revising Rule 16, Alaska Rules of Criminal Procedure, relating             
to discovery and inspection in criminal proceedings; and providing             
for an effective date was not taken up this legislative day and the            
bill was signed by the President and Secretary and returned to the             
House.                                                                         
                                                                               
HB 364                                                                       
The reconsideration on CS FOR HOUSE BILL NO. 364(JUD) am                       
An Act amending, in the Election Code, the definition of the                   
offense of unlawful interference with voting in the first degree, a            
class C felony, and adding, for all `knowing' violations of election           
offenses set out in the Election Code, a cross-reference to the                
definition of the word `knowing' in the Criminal Code was not                  
taken up this legislative day and the bill was signed by the President         
and Secretary and returned to the House.                                       
                                                                               
HB 384                                                                       
The reconsideration on CS FOR HOUSE BILL NO. 384(HES) am                       
An Act relating to payment requirements for retention in the                   
Pioneers' Home; and providing for an effective date was not taken              
up this legislative day and the bill was signed by the President and           
Secretary and returned to the House.                                           
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3650
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
SJR 5                                                                        
CS FOR SPONSOR SUBSTITUTE FOR SENATE JOINT                                     
RESOLUTION NO. 5(RLS) Supporting an amendment to the                           
Constitution of the United States establishing the rights of victims of        
crimes, was engrossed, signed by the President and Secretary and               
transmitted to the House for consideration.                                    
                                                                               
HJR 59                                                                       
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.                                
59(RES) Respectfully requesting the Environmental Protection                   
Agency to issue a final National Pollutant Discharge Elimination               
System permit for Cook Inlet oil and gas operations that omits the             
incremental permittee monitoring and reporting obligations identified          
in the Agency's draft permit and, consistent with the philosophy of            
the Agency's 1996 National Water Program Agenda, allows the                    
permittees to operate under pollutant discharge monitoring and                 
reporting requirements that are not more rigorous than those                   
requirements of the Cook Inlet National Pollutant Discharge                    
Elimination System permit in place, was engrossed, signed by the               
President and Secretary and returned to the House for consideration.           
                                                                               
                                  ENROLLMENT                                 
                                                                               
SB 163                                                                       
CS FOR SENATE BILL NO. 163(FIN)(title am) An Act approving                     
the University of Alaska's plans to enter into long-term obligations           
with the Alaska Housing Finance Corporation to borrow money from               
the corporation for the construction of new student housing facilities         
on the Anchorage campus, and authorizing the Alaska Housing                    
Finance Corporation to issue its debt obligations and to make loans            
to the University of Alaska to finance construction of those student           
housing facilities; and providing for an effective date was enrolled,          
signed by the President and Secretary, Speaker and Chief Clerk and             
the engrossed and enrolled copies transmitted to the Office of the             
Governor at 11:00 a.m., April 27, 1996.                                        

1996-04-27                     Senate Journal                      Page 3651
SB 240                                                                       
SENATE BILL NO. 240 An Act relating to the statewide bonding                   
pool for the reclamation activities imposed on mining operations, and          
extending the pool's use to surface coal mining projects was                   
enrolled, signed by the President and Secretary, Speaker and Chief             
Clerk and the engrossed and enrolled copies transmitted to the Office          
of the Governor at 11:00 a.m., April 27, 1996.                                 
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in adjournment until 2:00 p.m., April 28, 1996.  Without                 
objection, the Senate adjourned at 2:06 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                            April 1996         

1996-04-27                     Senate Journal                      Page 3652
                                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                             
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
APR 27                         SATURDAY  9:30 AM                               
	CONTINUATION OF 04/26/96 MEETING                                             
	HB 525PERMANENT FUND INVESTMENTS                                             
	HB 520INQUESTS, CORONERS, POST MORTEMS, ETC.                                 
	HB  22STATE LONG-TERM PLANNING                                               
	HB 104DISCLOSURE OF JUVENILE RECORDS                                         
	HB 341TAX APPEALS/ASSESSMENT/LEVY/COLLECTION                                 
	HB 352APPROVE PALMER AIRPORT FIRE BLDG.                                      
	HB 370LEGAL SERVICES PROVIDED AT PUBLIC EXPENSE                              
	HB 493INVOLUNTARY COMMITMENT:ALCOHOL/DRUG ABUSE                              
	HB 109PHONE DIRECTORY LISTING/SOLICITATIONS/ADS                              
	HB 211VOTER REGISTRATION & ELECTIONS                                         
	SB 285DISCRETE SALMON STOCK MANAGMNT & ASSESSMT                              
	HB 314VIOLATING DOMESTIC VIOLENCE ORDERS                                     
	SB 215OMNIBUS STATE AGENCY OPERATIONS & PROGRAM                              
	SB 216OMNIBUS STATE FEES & COST ASSESSMENTS                                  
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                                                                               
APR 27                         SATURDAY  5:00 PM                               
	CONTINUATION OF MORNING MEETING                                              
                                                                               
APR 28                          SUNDAY 12:00 PM                                
	CONTINUATION OF 04/27/96 MEETING                                             
                    ----------------------------------------                   
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3653
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
APR 29                          MONDAY  1:30 PM                                
	HB 365MINOR IN POSSESSION OF TOBACCO                                         
	HB 457UNLICENSED PRACTICE OF OCCUPATION                                      
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                                                                               
MAY 01                         WEDNESDAY  1:30 PM                              
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                                                                               
MAY 03                          FRIDAY  1:30 PM                                
	BILLS PREVIOUSLY HEARD OR SCHEDULED                                          
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
APR 27                         SATURDAY  2:15 PM                               
+	CONTINUATION OF BOARD OF FISH CONFIRMATION                                  
	HEARINGS (IF NECESSARY)                                                      
+	HB  58CHICKALOON FLATS CRITICAL HABITAT AREA                                
+	HB 456BOARD OF STORAGE TANK ASSISTANCE                                      
                                                                               
APR 29                          MONDAY  3:30 PM                                
+	HJR 66OPPOSE AMERICAN HERITAGE AREAS                                        
	BILLS PREVIOUSLY HEARD:                                                      
+	HB 191MANAGEMENT OF STATE LAND AND RESOURCES                                
+	HB 342WATER QUALITY STANDARDS                                               
	<PENDING REFERRAL>                                                           
+	HB 538HAIR CRAB VESSELS; LTD ENTRY FOR VESSELS                              
                                                                               
MAY 01                         WEDNESDAY  3:30 PM                              
+	BILLS PREVIOUSLY HEARD                                                      
                                                                               
MAY 03                          FRIDAY  3:30 PM                                
+	BILLS PREVIOUSLY HEARD                                                      
                    ----------------------------------------                   
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3654
                                    RULES                                    
                               FAHRENKAMP RM 203                               
APR 27                         SATURDAY 10:30 AM                               
	SJR  5CRIME VICTIMS RIGHTS CONSTIT AMDMT                                     
	SB 180VALUE-ADDED TIMBER SALES; MARKETING                                    
	SB 201FIRE FIGHTING PERSONNEL EMPLOYMENT                                     
	HB  59RAFFLE OR AUCTION OF BIG GAME PERMITS                                  
	HB  75VEHICLE THEFT AND JOYRIDING                                            
	HB 382BOARD OF DISPENSING OPTICIANS                                          
	HB 397FISH LANDING TAX/SEAFOOD MARKETING ASSMT.                              
	HB 404BOARD OF CHIROPRACTORS                                                 
	HJR 65FAA REGULATIONS ON CREW FLIGHT TIME                                    
	HB 168PERMITS FOR NONRESIDENT OPTOMETRISTS                                   
	SB 141LEGISLATIVE ETHICS                                                     
	<BILL POSTPONED>                                                             
	HB 158CIVIL LIABILITY                                                        
	<BILL POSTPONED>                                                             
                                                                               
APR 28                          SUNDAY  1:00 PM                                
	HB  22STATE LONG-TERM PLANNING                                               
	HB 520INQUESTS, CORONERS, POST MORTEMS, ETC.                                 
	HB 525PERMANENT FUND INVESTMENTS                                             
	HCR 26PUBLIC INEBRIATE TASK FORCE                                            
	SB 141LEGISLATIVE ETHICS                                                     
	HB 158CIVIL LIABILITY                                                        
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
APR 30                          TUESDAY  3:30 PM                               
	HJR 61ANCHORAGE VETERANS AFFAIRS OFFICE                                      
	HCR 25381ST INTELL.SQUADRON DIVISION DAY                                     
	HB 198PFD ALLOWABLE ABSENCES                                                 
	HB 490FINANCIAL ASSISTANCE TO BIDCO                                          
	BILLS PREVIOUSLY SCHEDULED, INCLUDING:                                       
	HB  63DOG MUSHING VANITY PLATES                                              
	HB 249MCGRATH KUSKOKWIM RIVER ICE CLASSIC                                    
	HB 359APPOINTMENT PROCESS FOR BDS & COMM'NS                                  
                                                                               
MAY 02                         THURSDAY  3:30 PM                               
	BILLS PREVIOUSLY SCHEDULED                                                   
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3655
                               JOINT COMMITTEES                              
                                                                               
                        CONFERENCE COMMITTEE ON HB 412                       
                               SENATE FINANCE 532                              
APR 27                         SATURDAY  3:00 PM                               
	-JOINT WITH CONFERENCE COMMITTEE ON HB 413-                                  
	HB 412APPROPRIATIONS: OPERATING BUDGET                                       
	ADMINISTRATION                                                               
	CORRECTIONS                                                                  
	COURTS                                                                       
	ENVIRONMENTAL CONSERVATION                                                   
	HEALTH AND SOCIAL SERVICES                                                   
	MENTAL HEALTH CAPITAL                                                        
	LEGISLATURE                                                                  
	UNIVERSITY                                                                   
                                                                               
APR 28                          SUNDAY  3:00 PM                                
	UPON ADJOURNMENT                                                             
	- JOINT WITH CONFERENCE COMMITTEE ON HB 413 -                                
	HB 412APPROPRIATIONS: OPERATING BUDGET                                       
	COMMERCE                                                                     
	COMMUNITY AND REGIONAL AFFAIRS                                               
	LAW                                                                          
	NATURAL RESOURCES                                                            
	PUBLIC SAFETY                                                                
	TRANSFERS TO CAPITAL                                                         
	TRANSPORTATION                                                               
                    ----------------------------------------                   
                                                                               
                        CONFERENCE COMMITTEE ON HB 413                       
                               SENATE FINANCE 532                              
APR 27                         SATURDAY  3:00 PM                               
	-JOINT WITH CONFERENCE COMMITTEE ON HB 412-                                  
	HB 413APPROPRIATIONS FOR MENTAL HEALTH                                       
	ADMINISTRATION                                                               
	CORRECTIONS                                                                  
	COURTS                                                                       
	ENVIRONMENTAL CONSERVATION                                                   
	HEALTH AND SOCIAL SERVICES                                                   
	MENTAL HEALTH CAPITAL                                                        
	LEGISLATURE                                                                  
	UNIVERSITY                                                                   
                                                                               
                                                                               

1996-04-27                     Senate Journal                      Page 3656
                   CONFERENCE COMMITTEE ON HB 413 CONTINUED                  
APR 28                          SUNDAY  3:00 PM                                
	UPON ADJOURNMENT                                                             
	- JOINT WITH CONFERENCE COMMITTEE ON HB 412 -                                
	HB 413APPROPRIATIONS FOR MENTAL HEALTH                                       
	COMMERCE                                                                     
	COMMUNITY AND REGIONAL AFFAIRS                                               
	LAW                                                                          
	NATURAL RESOURCES                                                            
	PUBLIC SAFETY                                                                
	TRANSFERS TO CAPITAL                                                         
	TRANSPORTATION                                                               
                    ----------------------------------------                   
                                                                               
                             LEGISLATIVE COUNCIL                             
                               BUTROVICH ROOM 205                              
MAY 01                         WEDNESDAY 12:30 PM                              
	LEGISLATIVE COUNCIL