Legislature(1995 - 1996)
1996-05-07 Senate Journal
Full Journal pdf1996-05-07 Senate Journal Page 4109 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Tuesday One Hundred Twenty-First Day Pursuant to adjournment the Senate was called to order by President Pearce at 12:45 p.m. The roll showed thirteen members present. Senators Donley, Ellis, Frank, Kelly, Lincoln, Salo, Zharoff were absent. The prayer was offered by the Chaplain, Jessica Perry. Senator Halford moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Give thanks to the Lord, for he is good. His love endures forever. Give thanks to the God of Gods. His love endures forever. Give thanks to the Lord of lords. His love endures forever. Father, as we leave this place, help us to remember Your eternal and unconditional love for us. Please give us that same love for our brothers. Show us Your ways as this life continues. Give thanks to the God of heaven. His love endures forever. Amen. Rose Sturgis, Assistant Sergeant at Arms, led the Senate in the pledge of allegiance. The presence of Senators Salo, Ellis, Zharoff was noted. 4109 1996-05-07 Senate Journal Page 4110 MESSAGES FROM THE GOVERNOR SB 308 Message of May 7 was received, stating the following bill becomes law without the signature of the Governor and the engrossed and enrolled copies are transmitted to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 308 An Act clarifying a statute relating to persons who may legally marry; relating to same-sex marriages; and providing for an effective date. Chapter 21, SLA 1996 Effective Date: 05/07/96 MESSAGES FROM THE HOUSE HB 93 Message dated May 6 was read, stating the House has adopted the report of the Conference Committee with limited powers of free conference considering HOUSE BILL NO. 93 am and SENATE CS FOR HOUSE BILL NO. 93(HES), thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 93 An Act relating to the duty-free mealtime for teachers in certain school facilities. The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 93 on May 5. SB 6 Message dated May 6 was read, stating the House has adopted the report of the 2d Free Conference Committee considering SENATE BILL NO. 6 am and HOUSE CS FOR SENATE BILL NO. 6(CRA), thus adopting: 2d FREE CONFERENCE CS FOR SENATE BILL NO. 6 An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses. 1996-05-07 Senate Journal Page 4111 SB 6 The Senate adopted 2d FREE CONFERENCE CS FOR SENATE BILL NO. 6 on May 6. The bill was referred to the Secretary for engrossment and enrollment. SB 230 Message dated May 6 was read, stating the House has adopted the report of the Conference Committee with limited powers of free conference considering CS FOR SENATE BILL NO. 230(FIN) and HOUSE CS FOR CS FOR SENATE BILL NO. 230(FIN) am H, thus adopting: CONFERENCE CS FOR SENATE BILL NO. 230 An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park. The Senate adopted CONFERENCE CS FOR SENATE BILL NO. 230 on May 6. The bill was referred to the Secretary for engrossment and enrollment. HB 198 Message of May 6 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 198(STA), thus adopting: 1996-05-07 Senate Journal Page 4112 HB 198 CS FOR HOUSE BILL NO. 198(STA) am S 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. HB 314 Message of May 6 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 314(JUD) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 314(FIN) An Act relating to domestic violence and to crime victims and witnesses; amending Rules 3, 4, 65, and 100, Alaska Rules of Civil Procedure, Rules 505 and 613, Alaska Rules of Evidence, and Rule 9, Alaska Rules of Administration; and providing for an effective date. HB 394 Message of May 6 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 394(FIN) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 394(RES) An Act authorizing shallow natural gas leasing from sources within 3,000 feet of the surface; relating to regulation of natural gas exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; addressing the relationship between shallow natural gas and other natural resources; and adding, in the exemption from obtaining a waste disposal permit for disposal of waste produced from drilling, a reference to shallow natural gas. 1996-05-07 Senate Journal Page 4113 HB 490 Message of May 6 was read, stating the House concurred in the Senate amendment to HOUSE BILL NO. 490, thus adopting: SENATE CS FOR HOUSE BILL NO. 490(STA) An Act relating to grants and other financial assistance authorized or made by the Alaska Science and Technology Foundation for the BIDCO assistance program. HB 493 Message of May 6 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 493 (JUD) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 493(FIN) am S An Act relating to treatment for alcoholism or drug abuse. Message of May 6 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 38 HOUSE CONCURRENT RESOLUTION NO. 38 BY THE HOUSE RULES COMMITTEE BY REQUEST, Relating to state control of the management of the region surrounding the Fortymile River and its drainage. was read the first time and held on the Secretary's Desk. SB 98 Message of May 6 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 98(RLS) with the following amendments: 1996-05-07 Senate Journal Page 4114 SB 98 HOUSE CS FOR CS FOR SENATE BILL NO. 98(FIN) am H An Act making changes related to the aid to families with dependent children program (AFDC); relating to the duties of the Department of Health and Social Services; establishing a workfare pilot project for AFDC recipients; establishing a diversion program for AFDC applicants; directing the Department of Health and Social Services to seek waivers of applicable federal laws; establishing and relating to the Alaska temporary assistance program and repealing the AFDC and job opportunity and basic skills programs upon the establishment of federal welfare reform; relating to work activities required under the Alaska temporary assistance program; authorizing qualified entities to contract with the state to administer all or part of the Alaska temporary assistance program; relating to child support; relating to certain licenses and applications for a license for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to an exemption to the State Procurement Code for certain services and contracts under the Alaska temporary assistance program; relating to disclosure of information that relates to the Alaska temporary assistance program; relating to eligibility for day care benefits administered by the Department of Community and Regional Affairs; amending Rule 90.3(c) and (h)(2), Alaska Rules of Civil Procedure; and providing for an effective date. (technical title change) Senator Halford moved that the Senate concur in the House amendments. The question being: Shall the Senate concur in the House amendments to CS FOR SENATE BILL NO. 98(RLS)? The roll was taken with the following result: 1996-05-07 Senate Journal Page 4115 SB 98 HCS CSSB 98(FIN) am H Shall the Senate concur in the House Amendments to CSSB 98(RLS)? Effective Date YEAS: 16 NAYS: 1 EXCUSED: 0 ABSENT: 3 Yeas: Adams, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Miller, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Pearce Absent: Donley, Frank, Lincoln and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 98(FIN) am H An Act making changes related to the aid to families with dependent children program (AFDC); relating to the duties of the Department of Health and Social Services; establishing a workfare pilot project for AFDC recipients; establishing a diversion program for AFDC applicants; directing the Department of Health and Social Services to seek waivers of applicable federal laws; establishing and relating to the Alaska temporary assistance program and repealing the AFDC and job opportunity and basic skills programs upon the establishment of federal welfare reform; relating to work activities required under the Alaska temporary assistance program; authorizing qualified entities to contract with the state to administer all or part of the Alaska temporary assistance program; relating to child support; relating to certain licenses and applications for a license for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to an exemption to the State Procurement Code for certain services and contracts under the Alaska temporary assistance program; relating to disclosure of information that relates to the Alaska temporary assistance program; relating to eligibility for day care benefits administered by the Department of Community and Regional Affairs; amending Rule 90.3(c) and (h)(2), Alaska Rules of Civil Procedure; and providing for an effective date. 1996-05-07 Senate Journal Page 4116 SB 98 Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule changes. Without objection, it was so ordered. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 244 Message of May 6 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 244(FIN) am with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 244(FIN) am H An Act relating to transportation of public school students; relating to school construction grants; relating to state foundation aid and supplementary state aid for education; and providing for an effective date. Senator Halford moved that the Senate concur in the House amendments and recommended a no vote. Senator Duncan called the Senate. Senator Halford moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. President Pearce stated the call was satisfied. SB 211 Message of May 6 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 211(RLS) am with the following amendment: 1996-05-07 Senate Journal Page 4117 SB 211 HOUSE CS FOR CS FOR SENATE BILL NO. 211(JUD) An Act relating to sexual assault and sexual abuse; and relating to endangering the welfare of vulnerable adults. Senator Halford moved that the Senate concur in the House amendment. The question being: Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 211(RLS) am? The roll was taken with the following result: HCS CSSB 211(JUD) Shall the Senate concur in the House Amendment to CSSB 211(RLS) am? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 211(JUD) An Act relating to sexual assault and sexual abuse; and relating to endangering the welfare of vulnerable adults. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SECOND READING OF SENATE RESOLUTIONS HCR 38 Senator Halford moved and asked unanimous consent that HOUSE CONCURRENT RESOLUTION NO. 38 Relating to state control of the management of the region surrounding the Fortymile River and its drainage which had been held on the Secretary's Desk (page 4113) be taken up. Without objection, the resolution was before the Senate in final passage. 1996-05-07 Senate Journal Page 4118 HCR 38 The question being: Shall HOUSE CONCURRENT RESOLUTION NO. 38 Relating to state control of the management of the region surrounding the Fortymile River and its drainage, pass the Senate? The roll was taken with the following result: HCR 38 Second Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, the resolution passed the Senate, was signed by the President and Secretary and returned to the House. SJR 31 Message of May 6 was read, stating the House passed CS FOR SENATE JOINT RESOLUTION NO. 31(FIN) with the following amendment: Page 1, line 2: Delete voter Page 1, line 7: Delete VOTER Page 1, line 11, following unless insert: approved by a two-thirds vote of each house of the legisalture or Page 1, line 12: Delete two-thirds Insert majority and so, CS FOR SENATE JOINT RESOLUTION NO. 31(FIN) am H(reengrossed) Proposing an amendment to the Constitution of the State of Alaska relating to approval of amendments of the Alaska Statehood Act affecting an interest of the State of Alaska under that Act. is returned for consideration. 1996-05-07 Senate Journal Page 4119 SJR 31 Senator Halford moved and asked unanimous consent that the Senate concur in the House amendment. Senators Phillips, Green, Miller, Torgerson, Leman, Kelly, Sharp, Halford moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: Shall the Senate concur in the House amendment to CS FOR SENATE JOINT RESOLUTION NO. 31(FIN)? The roll was taken with the following result: CSSJR 31(FIN) am H (reengrossed) Shall the Senate concur in the House Amendment to CSSJR 31(FIN)? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, the Senate concurred in the House amendment, thus adopting CS FOR SENATE JOINT RESOLUTION NO. 31(FIN) am H(reengrossed) Proposing an amendment to the Constitution of the State of Alaska relating to voter approval of amendments of the Alaska Statehood Act affecting an interest of the State of Alaska under that Act. The Secretary was requested to notify the House. The resolution was referred to the Secretary for enrollment. STANDING COMMITTEE REPORTS HCR 29 The Rules Committee considered CS FOR HOUSE CONCURRENT RESOLUTION NO. 29(TRA) am Providing for a contest among the elementary school students of Alaska to name the new ferry of the Alaska marine highway system. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Signing no recommendation: Senator Duncan. Signing under other recommendations: Senator Salo. 1996-05-07 Senate Journal Page 4120 HCR 29 The resolution is on today's calendar. SPECIAL COMMITTEE REPORTS HB 413 Senator Halford moved and asked unanimous consent that the Conference Committee Report on CS FOR HOUSE BILL NO. 413(FIN) and SENATE CS FOR CS FOR HOUSE BILL NO. 413(FIN) recommending CONFERENCE CS FOR HOUSE BILL NO. 413 An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date. which had been held on the Secretary's Desk (page 4069) be taken up. Without objection, it was so ordered. Senator Halford moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 413. The question being: Shall CONFERENCE CS FOR HOUSE BILL NO. 413 pass the Senate? The roll was taken with the following result: CCS HB 413 Adopt Conference Committee Report? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff 1996-05-07 Senate Journal Page 4121 HB 413 and so, the Senate passed CONFERENCE CS HOUSE BILL NO. 413 An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date. 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. The Secretary was requested to notify the House. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE RESOLUTIONS SCR 36 SENATE CONCURRENT RESOLUTION NO. 36 was before the Senate on final passage. The question being: Shall SENATE CONCURRENT RESOLUTION NO. 36 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 4, relating to the permanent fund dividend program, pass the Senate? The roll was taken with the following result: SCR 36 Second Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, SENATE CONCURRENT RESOLUTION NO. 36 passed the Senate and was referred to the Secretary for engrossment. 1996-05-07 Senate Journal Page 4122 HOUSE BILLS IN SECOND READING HB 4 CS FOR HOUSE BILL NO. 4(STA)(title am) An Act allowing, for the purposes of permanent fund dividend eligibility, an individual to accompany, as the spouse or minor or disabled dependent, another eligible resident who is absent for vocational, professional, or other specific education for which a comparable program is not reasonably available in the state, for secondary or postsecondary education, for military service, for medical treatment, for service in the Congress or in the Peace Corps, or for other reasons that the commissioner of revenue may establish by regulation; requiring, for the purposes of permanent fund dividend eligibility, an individual who is not physically present in the state to maintain and demonstrate at all times an intent to return to the state to remain permanently; relating to the eligibility for 1992, 1993, and 1994 permanent fund dividends of certain spouses and dependents of eligible applicants; relating to appeal periods for certain 1994 permanent fund dividends; and providing for an effective date which had been held in second reading (page 4099) was before the Senate. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 4057. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 4(FIN) (new title, page 4057) was adopted and 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. SENATE CS FOR CS FOR HOUSE BILL NO. 4(FIN) was read the third time. Senator Halford moved and asked unanimous consent that the following Letter of Intent be adopted as a Senate Letter of Intent. Without objection, the Senate Letter of Intent was adopted. 1996-05-07 Senate Journal Page 4123 HB 4 Letter of Intent for SCS for CS for HB 4(FIN) One of the three initial purposes of the permanent fund dividend program as enacted by chapter 12, SLA 1980 was "to encourage persons to maintain their residence in Alaska and to reduce population turnover in the state." Nevertheless, the legislature determined that there were some reasons to allow an otherwise eligible resident to remain eligible for a dividend while temporarily absent from the state, as long as the individual retained their Alaska residency, if not their residence in Alaska. However, since the inception of the program, the number of individuals who have retained their eligibility while being absent from Alaska has grown significantly. Each year there are numerous proposals to expand the list of allowable absences, placing pressure on both the legislature and the administration to add to the list of allowable absences. However, each proposal to add another allowable absence raises questions of equity and disparity with the original intent of the program. In addition, each added absence increases the number of dividends that are paid to individuals living outside of Alaska. Although this legislation contains a provision sunsetting all specifically allowable absences effective January 1, 1998, it is not the intent of the legislature to express a prejudice against any of the absences allowable under current law as amended by this act. It is the intent of the legislature that the administration 1.initiate a comprehensive review of all currently allowable absences and previously proposed absences; 2.develop a philosophical framework for establishing absences consistent with the original intent of the permanent fund dividend program; and 3.submit to the first session of the twentieth legislature proposed legislation to reestablish a specific list of allowable absences consistent with that philosophical framework. 1996-05-07 Senate Journal Page 4124 HB 4 The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 4(FIN) An Act relating to absences from the state for the purposes of permanent fund dividend eligibility; relating to the following allowable absences: receiving secondary or postsecondary education on a full-time basis, receiving vocational, professional, or other specific education on a full-time basis for which a comparable program is not reasonably available in the state, serving on active duty as a member of the military of the United States, receiving certain medical treatment, accompanying a minor who is receiving certain medical treatment, providing care for a parent, spouse, sibling, child, or stepchild with a life-threatening illness who is being treated at a medical specialty complex outside the state, providing care for a terminally ill parent, spouse, sibling, child, or stepchild, settling the estate of a deceased parent, spouse, sibling, child, or stepchild, serving as a member of the Congress, serving on the staff of a member of the Congress from this state, serving in the Peace Corps, serving as an employee of the state, actively participating on a United States national athletic team, accompanying another eligible resident as the spouse, minor dependent, or disabled dependent of the eligible resident, and for any reason consistent with the individual's intent to remain a resident; requiring, for the purposes of permanent fund dividend eligibility, an individual who is not physically present in the state to maintain and demonstrate at all times an intent to return to the state to remain permanently; relating to the eligibility for 1992, 1993, 1994, 1995, and 1996 permanent fund dividends of certain spouses and dependents of eligible applicants; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 4(FIN) Third Reading - Final Passage Effective Date Letter of Intent YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 4(FIN) passed the Senate. 1996-05-07 Senate Journal Page 4125 HB 4 Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment with a Senate Letter of Intent. RECONSIDERATION OF HOUSE BILLS HB 136 Senator Halford requested that the reconsideration on CS FOR HOUSE BILL NO. 136(FIN) am(efd fld) An Act relating to the establishment and operation of the Alaska Railroad Commission to determine whether sale of the Alaska Railroad is in the best interest of the state be taken up at this time. CS FOR HOUSE BILL NO. 136(FIN) am(efd fld) was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR HOUSE BILL NO. 136(FIN) am(efd fld) An Act relating to the establishment and operation of the Alaska Railroad Commission to determine whether sale of the Alaska Railroad is in the best interest of the state pass the Senate? The roll was taken with the following result: CSHB 136(FIN) am (efd fld) Third Reading - On Reconsideration YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Frank, Hoffman, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Donley, Duncan, Ellis, Green, Halford, Lincoln, Salo, Zharoff and so, CS FOR HOUSE BILL NO. 136(FIN) am(efd fld) passed the Senate on reconsideration, was signed by the President and Secretary and returned to the House. 1996-05-07 Senate Journal Page 4126 HB 220 Senator Kelly requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 220(FIN) am S An Act relating to the duties of the commissioner of commerce and economic development concerning the Alaska Tourism Marketing Council; relating to the per diem and travel expenses of the council's board of directors; relating to the powers and duties of the council; extending the termination date of the council; and providing for an effective date be taken up at this time. SENATE CS FOR CS FOR HOUSE BILL NO. 220(FIN) am S was before the Senate on reconsideration. Senator Frank moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard and Senator Frank was required to vote. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 220(FIN) am S An Act relating to the duties of the commissioner of commerce and economic development concerning the Alaska Tourism Marketing Council; relating to the per diem and travel expenses of the council's board of directors; relating to the powers and duties of the council; extending the termination date of the council; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 220(FIN) am S Third Reading - On Reconsideration Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Hoffman, Kelly, Lincoln, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Halford, Leman, R.Phillips and so, SENATE CS FOR CS FOR HOUSE BILL NO. 220(FIN) am S passed the Senate on reconsideration. 1996-05-07 Senate Journal Page 4127 HB 220 Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 202 Senator Halford requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 202(FIN) An Act relating to the participation and accountability of parents and guardians and the enforcement of restitution orders entered in juvenile delinquency proceedings; relating to claims on permanent fund dividends for certain court-ordered treatment in juvenile delinquency proceedings; and amending Alaska Delinquency Rules 3(b) and 8(b); and providing for an effective date be taken up at this time. SENATE CS FOR CS FOR HOUSE BILL NO. 202(FIN) was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 202(FIN) An Act relating to the participation and accountability of parents and guardians and the enforcement of restitution orders entered in juvenile delinquency proceedings; relating to claims on permanent fund dividends for certain court-ordered treatment in juvenile delinquency proceedings; and amending Alaska Delinquency Rules 3(b) and 8(b); and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 202(FIN) Third Reading - On Reconsideration Effective Date Court Rule Changes YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 202(FIN) passed the Senate on reconsideration. 1996-05-07 Senate Journal Page 4128 HB 202 Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule changes. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 204 Senator Halford requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 204(FIN) be taken up at this time. SENATE CS FOR CS FOR HOUSE BILL NO. 204(FIN) was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 204(FIN) 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 pass the Senate? The roll was taken with the following result: 1996-05-07 Senate Journal Page 4129 HB 204 SCS CSHB 204(FIN) Third Reading - On Reconsideration Effective Date Court Rule Changes YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 204(FIN) passed the Senate on reconsideration. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule changes. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 482 Senator Halford requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 482(FIN) An Act relating to lobbying contracts of state-related entities and involving lobbying contracts of state-related entities and state procurement practices and procedures; and providing for an effective date be taken up at this time. SENATE CS FOR CS FOR HOUSE BILL NO. 482(FIN) was before the Senate on reconsideration. Senator Halford moved and asked unanimous consent that the bill be placed at the top of today's calendar. Without objection, it was so ordered. 1996-05-07 Senate Journal Page 4130 HB 211 Senator Halford requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 211(FIN) An Act relating to voter registration and to state election administration; and providing for an effective date be taken up at this time. SENATE CS FOR CS FOR HOUSE BILL NO. 211(FIN) was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 211(FIN) An Act relating to voter registration and to state election administration; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 211(FIN) Third Reading - On Reconsideration Effective Date YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Sharp, Torgerson, Zharoff Nays: Duncan, Ellis, Hoffman, Salo, Taylor and so, SENATE CS FOR CS FOR HOUSE BILL NO. 211(FIN) passed the Senate on reconsideration. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HOUSE BILLS IN SECOND READING CONTINUED HB 354 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 354(FIN)(title am) An Act relating to a retirement incentive program for certain employees of school districts under the teachers' retirement system and under the public employees' retirement system; and providing for an effective date be taken up. Without objection, the bill was read the second time. 1996-05-07 Senate Journal Page 4131 HB 354 Senators Torgerson, Taylor offered Amendment No. 1 : Page 6, following line 4: Insert a new subsection to read: (c) For the purpose of this Act, the state boarding school at Mt. Edgecumbe is a school district. (d) For the purpose of this Act, the Alaska Vocational Technical Center is a school district. Senator Torgerson moved for the adoption of Amendment No. 1. Senator Kelly objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senators Duncan, Lincoln, Donley, Ellis, Kelly, Hoffman moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. 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. 354(FIN) am S was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 354(FIN) am S An Act relating to a retirement incentive program for certain employees of school districts under the teachers' retirement system and under the public employees' retirement system; and providing for an effective date pass the Senate? The roll was taken with the following result: CSHB 354(FIN) am S Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Taylor, Torgerson, Zharoff Nays: Sharp 1996-05-07 Senate Journal Page 4132 HB 354 and so, CS FOR HOUSE BILL NO. 354(FIN) am S passed the Senate. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 110 Senator Halford moved and asked unanimous consent that CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110(STA) am An Act relating to the confidentiality of certain information in motor vehicle records be taken up. Senator Halford moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. RECONSIDERATION OF HOUSE BILLS HB 482 SENATE CS FOR CS FOR HOUSE BILL NO. 482(FIN) An Act relating to lobbying contracts of state-related entities and involving lobbying contracts of state-related entities and state procurement practices and procedures; and providing for an effective date which had been placed at the top of today's calendar (page 4129) was before the Senate on reconsideration. Senator Donley moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senators Donley, Sharp offered Amendment No. 1 : Page 1, line 5, following "* Section 1.": Insert "AS 16.51.080 is amended to read: 1996-05-07 Senate Journal Page 4133 HB 482 Sec. 16.51.080. EMPLOYMENT OF PERSONNEL. The board may employ and determine the salary of an executive director. The executive director may, with the approval of the board, select and employ additional staff as necessary. However, the institute, including the board and the executive director, may not employ an individual to work outside the state if the individual is employed at a salary that is equal to or greater than a Range 21, Step A under AS39.27.011. The institute may not grant merit increases unless the increases are granted as provided under the personnel rules established under AS 39.25.140 - 39.25.150, and not more than one merit increase is granted to an employee in one year. The executive director and all employees of the board are in the exempt service under AS39.25. * Sec. 2." Renumber the following bill sections accordingly. Page 17, line 7: Delete "secs. 50 - 52" Insert "secs. 51, 52, and 54" Page 17, line 10: Delete "secs. 1 - 41 and 43 - 52" Insert "secs. 2 - 42, 44 - 52, and 54" Page 17, line 12: Delete "secs. 1 - 41 and 43 - 52" Insert "secs. 2 - 42, 44 - 52, and 54" Page 17, lines 13 - 14: Delete "secs. 1 - 41 and 43 - 52" Insert "secs. 2 - 42, 44 - 52, 54" Page 17, line 16: Delete "secs. 1 - 41 and 43 - 52" Insert "secs. 2 - 42, 44 - 52, and 54" Page 17, line 17: Delete "secs. 1 - 41 and 43 - 52" Insert "secs. 2 - 42, 44 - 52, and 54" 1996-05-07 Senate Journal Page 4134 HB 482 Page 17, line 20: Delete "sec. 5" Insert "sec. 6" Page 17, line 22: Delete "Sections 2 - 9, 11, 15, 20, 21, 23 - 25, 37 - 39, 41, 44(a), and 45 - 48" Insert "Sections 3 - 10, 12, 16, 21, 22, 24 - 26, 38 - 40, 42, 45(a), and 46 - 49" Page 17, line 24: Delete "Sections 1, 10, 12 - 14, 16 - 19, 22, 26, 27, 29 - 36, 40, and 44(b)" Insert "Sections 2, 11, 13 - 15, 17 - 20, 23, 27, 28, 30 - 37, 41, and 45(b)" Page 17, line 26: Delete "Section 28" Insert "Section 29" Page 17, following line 26: Insert a new bill section to read: "* Sec. 53. Section 1 of this Act takes effect January1, 1998." Page 17, line 27: Delete "Section 43" Insert "Section 44" Renumber the following bill section accordingly. Senator Donley moved for the adoption of Amendment No. 1. Objections were heard. Senator Donley moved and asked unanimous consent to withdraw Amendment No. 1. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 482(FIN) was automatically in third reading. 1996-05-07 Senate Journal Page 4135 HB 482 The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 482(FIN) An Act relating to lobbying contracts of state-related entities and involving lobbying contracts of state- related entities and state procurement practices and procedures; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 482(FIN) Third Reading - On Reconsideration Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 482(FIN) passed the Senate on reconsideration. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HOUSE BILLS IN SECOND READING CONTINUED HB 2 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 2(FIN) An Act providing for incarceration of certain nonviolent offenders in boot camps operated by the Department of Corrections; making prisoners who complete the boot camp program eligible for furloughs and discretionary parole; allowing the Department of Corrections to contract with a person for a boot camp program; creating the Boot Camp Program Advisory Board in the Department of Corrections be taken up. Without objection, the bill was read the second time. 1996-05-07 Senate Journal Page 4136 HB 2 Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 3909. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 2(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. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 2(JUD) was read the third time. Senators Leman, Phillips, Kelly, Donley moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 2(JUD) An Act providing for incarceration of certain nonviolent offenders in boot camps operated by the Department of Corrections; making prisoners who complete the boot camp program eligible for furloughs and discretionary parole; allowing the Department of Corrections to contract with a person for a boot camp program; creating the Boot Camp Program Advisory Board in the Department of Corrections pass the Senate? The roll was taken with the following result: SCS CSHB 2(JUD) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 2(JUD) passed the Senate and was referred to the Secretary for engrossment. 1996-05-07 Senate Journal Page 4137 HB 329 Senator Halford moved and asked unanimous consent that HOUSE BILL NO. 329 am An Act providing for restitution to the state for the unlawful taking of game be taken up. Without objection, the bill was read the second time. Senator Leman moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 3358. Without objection, SENATE CS FOR HOUSE BILL NO. 329(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. Without objection, it was so ordered. SENATE CS FOR HOUSE BILL NO. 329(RES) was read the third time. The question being: Shall SENATE CS FOR HOUSE BILL NO. 329(RES) An Act providing for restitution to the state for the unlawful taking of game pass the Senate? The roll was taken with the following result: SCS HB 329(RES) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, SENATE CS FOR HOUSE BILL NO. 329(RES) passed the Senate and was referred to the Secretary for engrossment. HB 405 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 405(STA) am An Act relating to the Board of Examiners in Optometry; relating to licensure of dispensing opticians; and providing for an effective date be taken up. Without objection, the bill was read the second time. 1996-05-07 Senate Journal Page 4138 SECOND READING OF SENATE RESOLUTIONS SCR 35 Senator Halford moved and asked unanimous consent that SENATE CONCURRENT RESOLUTION NO. 35 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 405, relating to optometrists and dispensing opticians, which had been held on the Secretary's Desk (page 4072), be taken up. Senator Leman objected, then withdrew his objection. There being no further objections, the resolution was read the second time and was before the Senate on final passage. The question being: Shall SENATE CONCURRENT RESOLUTION NO. 35 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 405, relating to optometrists and dispensing opticians, pass the Senate? The roll was taken with the following result: SCR 35 Second Reading - Final Passage YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff Nays: Kelly, Leman, Taylor and so, SENATE CONCURRENT RESOLUTION NO. 35 passed the Senate and was referred to the Secretary for engrossment. HOUSE BILLS IN SECOND READING CONTINUED HB 405 Senator Miller moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 4063. Senator Kelly objected. The question being: Shall the Rules Senate Committee Substitute be adopted? The roll was taken with the following result: 1996-05-07 Senate Journal Page 4139 HB 405 CSHB 405(STA) am Second Reading Adopt Rules Senate Committee Substitute? YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Lincoln, Miller, Pearce, R.Phillips, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Kelly, Leman, Rieger and so, SENATE CS FOR CS FOR HOUSE BILL NO. 405(RLS) An Act relating to the Board of Examiners in Optometry; and providing for an effective date 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. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 405(RLS) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 405(RLS) An Act relating to the Board of Examiners in Optometry; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 405(RLS) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 405(RLS) passed the Senate. 1996-05-07 Senate Journal Page 4140 HB 405 Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 372 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 372(L&C) am An Act relating to the authority of the Alcoholic Beverage Control Board to exempt certain restaurant or eating place licenses from requirements relating to operation of a restaurant and to food sales; and providing for an effective date be taken up. Without objection, it was so ordered. SECOND READING OF SENATE RESOLUTIONS SCR 34 Senator Halford moved and asked unanimous consent that SENATE CONCURRENT RESOLUTION NO. 34 be taken up. Without objection, the resolution was read the second time and was before the Senate on final passage. The question being: Shall SENATE CONCURRENT RESOLUTION NO. 34 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 372, relating to liquor licenses, pass the Senate? The roll was taken with the following result: SCR 34 Second Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, SENATE CONCURRENT RESOLUTION NO. 34 passed the Senate and was referred to the Secretary for engrossment. 1996-05-07 Senate Journal Page 4141 HOUSE BILLS IN SECOND READING CONTINUED HB 372 CS FOR HOUSE BILL NO. 372(L&C) am An Act relating to the authority of the Alcoholic Beverage Control Board to exempt certain restaurant or eating place licenses from requirements relating to operation of a restaurant and to food sales; and providing for an effective date was read the second time. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 3913. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 372(JUD) An Act relating to a restaurant or eating place license; relating to the Alcoholic Beverage Control Board; and providing for an effective date was adopted and read the second time. Senator Adams offered Amendment No. 1 : Page 2, line 25: Delete 6:00 Insert 3:00 Page 3, line 13: Delete July Insert October Senator Adams moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senators Donley, Sharp offered Amendment No. 2 : Add new section: *Section__ AS 04.11.135(a) is amended to read: (a) A brewpub license authorizes the holder of a beverage dispensary license to (1) manufacture on premises licensed under the beverage dispensary license not more than 75,000 gallons of beer in a calendar year; ªANDß 1996-05-07 Senate Journal Page 4142 HB 372 (2) sell beer manufactured on premises licensed under the beverage dispensary license for consumption only on the licensed premises; (3) sell beer manufactured on the premises licensed under the beverage dispensary license in quantities of not more than five gallons per day to an individual who is present on the licensed premises; and (4) provide a small sample of the brewpub's beer manufactured on the premises free of charge unless prohibited by AS 04.16.030. Senator Donley moved for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 372(JUD) am S was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 372(JUD) am S An Act relating to a restaurant or eating place license; relating to the Alcoholic Beverage Control Board; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 372(JUD) am S Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Lincoln, Miller, R.Phillips, Salo, Taylor, Torgerson, Zharoff Nays: Leman, Pearce, Rieger, Sharp Sharp changed from "Yea" to "Nay". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 372(JUD) am S passed the Senate. 1996-05-07 Senate Journal Page 4143 HB 372 Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 529 Senator Halford moved and asked unanimous consent that HOUSE BILL NO. 529 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 be taken up. Without objection, the bill was read the second time. Senator Green moved and asked unanimous consent for the adoption of the Health, Education and Social Services Senate Committee Substitute offered on page 3746. Senator Duncan objected. The question being: Shall the Health, Education and Social Services Committee Substitute be adopted? The roll was taken with the following result: HB 529 Second Reading Adopt HES Senate Committee Substitute? YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Miller, Pearce, R.Phillips, Rieger, Sharp, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Leman, Lincoln, Salo, Taylor, Zharoff Salo changed from "Yea" to "Nay". and so, the Health, Education and Social Services Committee Substitute was not adopted. HOUSE BILL NO. 529 was before the Senate in second reading. 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. 1996-05-07 Senate Journal Page 4144 HB 529 The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: HB 529 Advance from Second to Third Reading? YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Green, Halford, Kelly, Leman, Pearce, R.Phillips, Rieger, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Frank, Hoffman, Lincoln, Miller, Salo, Sharp, Zharoff and so, the bill failed to advance to third reading. No further action was taken on HOUSE BILL NO. 529. HB 90 Senator Halford moved and asked unanimous consent that HOUSE BILL NO. 90 am An Act changing the date that the legislature convenes in the years following a gubernatorial election; changing the date that the term of a member of the legislature begins in the years following a gubernatorial election be taken up. Without objection, the bill 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. HOUSE BILL NO. 90 am was read the third time. The question being: Shall HOUSE BILL NO. 90 am An Act changing the date that the legislature convenes in the years following a gubernatorial election; changing the date that the term of a member of the legislature begins in the years following a gubernatorial election pass the Senate? The roll was taken with the following result: 1996-05-07 Senate Journal Page 4145 HB 90 HB 90 am Third Reading - Final Passage YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Green and so, HOUSE BILL NO. 90 am passed the Senate, was signed by the President and Secretary and returned to the House. HB 249 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 249(L&C) An Act authorizing the McGrath Ice Classic be taken up. Without objection, the bill 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. 249(L&C) was read the third time. Senators Lincoln, Taylor, Hoffman moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: Shall CS FOR HOUSE BILL NO. 249(L&C) An Act authorizing the McGrath Ice Classic pass the Senate? The roll was taken with the following result: 1996-05-07 Senate Journal Page 4146 HB 249 CSHB 249(L&C) Third Reading - Final Passage YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Hoffman, Lincoln, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Halford, Kelly, Leman, Miller, Pearce, R.Phillips and so, CS FOR HOUSE BILL NO. 249(L&C) passed the Senate, was signed by the President and Secretary and returned to the House. HB 110 Senator Halford moved and asked unanimous consent that CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110(STA) am An Act relating to the confidentiality of certain information in motor vehicle records be taken up. Without objection, the bill 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 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110(STA) am was read the third time. The question being: Shall CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110(STA) am An Act relating to the confidentiality of certain information in motor vehicle records pass the Senate? The roll was taken with the following result: CS SSHB 110(STA) am Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff 1996-05-07 Senate Journal Page 4147 HB 110 and so, CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110(STA) am passed the Senate, was signed by the President and Secretary and returned to the House. HB 295 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 295(2d JUD) An Act relating to forfeitures of property; and relating to the custody and disposition of property in the custody of municipal law enforcement agencies be taken up. Without objection, the bill 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. 295(2d JUD) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 295(2d JUD) An Act relating to forfeitures of property; and relating to the custody and disposition of property in the custody of municipal law enforcement agencies pass the Senate? The roll was taken with the following result: CSHB 295(2d JUD) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, CS FOR HOUSE BILL NO. 295(2d JUD) passed the Senate, was signed by the President and Secretary and returned to the House. HB 63 Senator Halford moved and asked unanimous consent that SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 63 An Act relating to special request licenses depicting the sport of dog mushing be taken up. Without objection, the bill was read the second time. 1996-05-07 Senate Journal Page 4148 HB 63 Senators Halford, Lincoln, Rieger, Kelly, Green, Hoffman, Taylor, Sharp, Frank moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. 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. SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 63 was read the third time. The question being: Shall SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 63 An Act relating to special request licenses depicting the sport of dog mushing pass the Senate? The roll was taken with the following result: SSHB 63 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 63 passed the Senate, was signed by the President and Secretary and returned to the House. HB 342 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 342(RES) am An Act relating to water quality be taken up. Without objection, the bill was read the second time. Senator Leman moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 3912. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 342(RES) was adopted and read the second time. 1996-05-07 Senate Journal Page 4149 President Pearce lifted the call. Senator Lincoln announced a minority caucus. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess for the purpose of a majority caucus. Without objection, the Senate recessed at 5:12 p.m. AFTER RECESS The Senate reconvened at 6:14 p.m. RECESS Senator Phillips moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 6:15 p.m. AFTER RECESS JOINT SESSION IN THE HOUSE Speaker Phillips called the House to order and in accordance with Uniform Rule 51 turned the gavel over to President Pearce at 6:32 p.m. The purpose of the Joint Session was to consider the confirmation of the Governor's appointments. Senator Halford moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. Without objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. Without objection, it was so ordered. 1996-05-07 Senate Journal Page 4150 Senator Duncan called the Joint Session. The call was satisfied. Commissioner and boards and commissions appointments are as follows: 1996 CONFIRMATION OF GOVERNOR'S APPOINTMENTS Alaska Public Offices Commission (APOC) Mary Beth Shaddy - Anchorage Appointed: 01/30/96; Expires: 02/01/00 Alaska Public Utilities Commission (APUC) Sam Cotten - Eagle River Appointed: 11/13/95; Expires: 10/31/98 G. Nanette Thompson, Esq. - Anchorage Appointed: 06/23/95; Expires: 10/31/00 Alaska State Board of Public Accountancy Dean W. Nelson - Anchorage Appointed: 05/31/95; Expires: 04/25/99 Joanne Stoots - Fairbanks Appointed: 01/27/92; Reappointed: 11/01/95; Expires: 04/25/99 Alcoholic Beverage Control Board Evelyn Beeter - Chistochina Appointed: 05/31/95; Expires: 01/31/97 Bert L. Cottle - Valdez Appointed: 05/31/95; Expires: 01/31/98 Ellen L. Ganley - Fairbanks Appointed: 06/29/95; Reappointed: 01/31/96; Expires: 01/31/99 Robert J. Klein - Anchorage Appointed: 05/31/95; Expires: 01/31/97 Joseph J. Thomas, Jr. - Juneau Appointed: 02/14/96; Expires: 01/31/99 1996-05-07 Senate Journal Page 4151 State Board of Registration for Architects, Engineers, and Land Surveyors Byron Haynes, Jr., P.E. - Anchorage Appointed: 07/20/95; Expires: 07/01/99 Ernie Siemoneit - Healy Appointed: 01/30/96; Expires: 07/01/99 Board of Governors of the Alaska Bar Barbara Miklos - Anchorage Appointed: 06/30/95; Expires: 06/30/98 Board of Chiropractic Examiners Pam Aldersebaes - Juneau Appointed: 03/06/96; Expires: 07/15/98 Board of Clinical Social Work Examiners Beverly Haywood - Juneau Appointed: 07/20/95; Expires: 07/01/99 Board of Dispensing Opticians Mary C. Seutter - Wasilla Appointed: 08/10/95; Expires: 06/14/96 Board of Education Susan Stitham - Fairbanks Appointed: 07/20/95; Expires: 01/31/99 State Commission for Human Rights Joyce E. Bamberger, Esq. - Anchorage Appointed: 05/31/95; Expires: 01/31/00 Aaron T. Isaacs, Jr. - Klawock Appointed: 03/01/90; Reappointed: 05/31/95; Expires: 01/31/00 Commission on Judicial Conduct Sharon Nahorney - Anchorage Appointed: 07/16/91; Reappointed: 01/01/92, 03/06/96; Expires: 12/31/99 Alaska Judicial Council Vicki A. Otte - Palmer Appointed: 05/31/95; Expires: 05/18/01 1996-05-07 Senate Journal Page 4152 Alaska Labor Relations Agency Raymond P. Smith - Anchorage Appointed: 03/06/95; Reappointed: 06/30/95; Expires: 06/30/98 Board of Marine Pilots Dan A. Hensley, Esq. - Anchorage Appointed: 10/02/95; Expires: 06/01/96 John C. Klepper - Valdez Appointed: 07/21/92; Reappointed: 10/02/95; Expires: 06/01/99 Bernie Smith - Kenai Appointed: 10/02/95; Expires: 06/01/96 Michael C. Spence - Ketchikan Appointed: 10/02/95; Expires: 06/01/99 Board of Marital and Family Therapy Mercy Dennis - Anchorage Appointed: 12/14/92; Reappointed: 01/04/96; Expires: 12/14/99 Dixie A. Hood - Juneau Appointed: 10/12/95; Expires: 12/14/97 Sandra M. Samaniego - Fairbanks Appointed: 10/12/95; Expires: 12/14/98 State Medical Board Keith M. Brownsberger, M.D. - Anchorage Appointed: 08/11/95; Expires: 04/21/98 Beverly Fletcher - Juneau Appointed: 08/11/95; Expires: 08/13/96 Donald G. Hudson, D.O. - Anchorage Appointed: 08/11/95; Expires: 04/21/96 Sarah A. Isto, M.D. - Juneau Appointed: 08/11/95; Expires: 11/06/96 Suzanne H. Lombardi - Anchorage Appointed: 08/11/95; Expires: 01/09/97 Donald C. Olson, M.D. - Nome Appointed: 08/11/95; Expires: 07/08/96 Irvin A. Rothrock, M.D. - Fairbanks Appointed: 03/06/96; Expires: 01/12/00 Board of Certified Direct-Entry Midwives Marilyn Holmes - Juneau Appointed: 07/20/95; Expires: 07/21/98 1996-05-07 Senate Journal Page 4153 Board of Nursing Josephine Malemute - Fairbanks Appointed: 08/30/95; Expires: 03/31/96 Occupational Safety and Health Review Board Timothy O. Sharp - Fairbanks Appointed: 10/12/95; Expires: 08/01/99 Alaska Oil and Gas Conservation Commission J. David Norton, P.E. - Anchorage Appointed: 11/20/95; Expires: 12/31/00 Board of Pharmacy Chris E. Coursey - Eagle River Appointed: 04/23/91; Reappointed: 09/14/95; Expires: 04/01/99 State Physical Therapy and Occupational Therapy Board Leslie F. Schwartz - Petersburg Appointed: 10/06/95; Expires: 09/01/98 Professional Teaching Practices Commission Peggy E. Conner Jones - Anchorage Appointed: 09/21/92; Reappointed: 08/10/95; Expires: 07/01/98 Bruce F. Johnson - Kodiak Appointed: 08/30/95; Expires: 07/01/98 Marsha K. Van Abel - Anchorage Appointed: 09/23/92; Reappointed: 08/10/95; Expires: 07/01/98 Jacquie Whitmore - Anchorage Appointed: 10/06/95; Expires: 07/01/97 Board of Psychologist and Psychological Associate Examiners Gail C. Shortell, Esq. - Anchorage Appointed: 07/20/95; Expires: 07/01/96 1996-05-07 Senate Journal Page 4154 Real Estate Commission Ruth Blackwell - Juneau Appointed: 08/24/95; Expires: 01/31/97 Linda L. Freed - Kodiak Appointed: 08/24/95; Expires: 01/31/99 Eleanor F. Oakley - Palmer Appointed: 08/24/95; Expires: 01/31/99 Clair Ramsey - Anchorage Appointed: 08/24/95; Reappointed: 03/06/96; Expires: 01/31/00 Larry Spencer - Juneau Appointed: 08/24/95; Expires: 01/31/99 Gordon J. Severson - Anchorage Appointed: 03/06/96; Expires: 01/31/00 University of Alaska Board of Regents Joe L. Hayes, Jr. - Fairbanks Appointed: 05/31/95; Expires: 05/31/97 Violent Crimes Compensation Board Carol L. Alley, M.D. - Ketchikan Appointed: 12/01/95; Expires: 12/15/97 Alaska Workers' Compensation Board Dorothy Bradshaw - Fairbanks Appointed: 01/30/96; Expires: 07/01/98 Harriet M. Lawlor - Anchorage Appointed: 07/20/95; Expires: 07/01/96 Nancy J. Ridgley - Ward Cove Appointed: 10/13/92; Reappointed: 07/05/95; Expires: 07/01/98 Philip E. Ulmer - Eagle River Appointed: 01/30/96; Expires: 07/01/98 James G. Williams - Douglas Appointed: 07/05/95; Expires: 07/01/97 DEPARTMENT OF ENVIRONMENTAL CONSERVATION Commissioner designee Michele Brown 1996-05-07 Senate Journal Page 4155 Board of Fisheries Dan K. Coffey, Esq. - Anchorage Appointed: 02/12/96; Expires: 01/31/99 Grant J. Miller - Sitka Appointed: 02/12/96; Expires: 01/31/99 Virgil L. Umphenour - Fairbanks Appointed: 07/22/94; Reappointed: 02/12/96; Expires: 01/31/99 Board of Game Greg Roczicka - Bethel Appointed: 02/23/96; Expires: 01/31/99 Anne K. Ruggles - Fairbanks Appointed: 01/31/93; Reappointed: 02/23/96; Expires: 01/31/99 Victor Van Ballenberghe - Anchorage Appointed: 02/23/96; Expires: 01/31/99 Senator Halford moved and asked unanimous consent that the Governor's appointments to the following boards and commissions be confirmed: Alaska Public Offices Commission (APOC) Mary Beth Shaddy - Anchorage Appointed: 01/30/96; Expires: 02/01/00 Alaska Public Utilities Commission (APUC) Sam Cotten - Eagle River Appointed: 11/13/95; Expires: 10/31/98 G. Nanette Thompson, Esq. - Anchorage Appointed: 06/23/95; Expires: 10/31/00 Alaska State Board of Public Accountancy Dean W. Nelson - Anchorage Appointed: 05/31/95; Expires: 04/25/99 Joanne Stoots - Fairbanks Appointed: 01/27/92; Reappointed: 11/01/95; Expires: 04/25/99 1996-05-07 Senate Journal Page 4156 Alcoholic Beverage Control Board Evelyn Beeter - Chistochina Appointed: 05/31/95; Expires: 01/31/97 Bert L. Cottle - Valdez Appointed: 05/31/95; Expires: 01/31/98 Ellen L. Ganley - Fairbanks Appointed: 06/29/95; Reappointed: 01/31/96; Expires: 01/31/99 Robert J. Klein - Anchorage Appointed: 05/31/95; Expires: 01/31/97 Joseph J. Thomas, Jr. - Juneau Appointed: 02/14/96; Expires: 01/31/99 Representative Navarre stated a conflict of interest. Representative Mackie moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard and Representative Mackie was required to vote. State Board of Registration for Architects, Engineers, and Land Surveyors Byron Haynes, Jr., P.E. - Anchorage Appointed: 07/20/95; Expires: 07/01/99 Ernie Siemoneit - Healy Appointed: 01/30/96; Expires: 07/01/99 Board of Governors of the Alaska Bar Barbara Miklos - Anchorage Appointed: 06/30/95; Expires: 06/30/98 Board of Chiropractic Examiners Pam Aldersebaes - Juneau Appointed: 03/06/96; Expires: 07/15/98 Objections were heard to the appointments of Mary Beth Shaddy, Sam Cotten and G. Nanette Thompson. Senator Halford moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. 1996-05-07 Senate Journal Page 4157 Senator Halford moved and asked unanimous consent that the appointees to the above boards, with the exception of Mary Beth Shaddy, Sam Cotten and G. Nanette Thompson, be confirmed. There being no objections, the appointees were confirmed. Senator Halford moved that Mary Beth Shaddy be confirmed to the Alaska Public Offices Commission. Senator Leman objected. The question being: Shall Mary Beth Shaddy be confirmed to the Alaska Public Offices Commission? The roll of the Senate was called with the following result: SENATE Alaska Public Offices Commission Confirm - Mary Beth Shaddy YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Salo, Sharp, Torgerson, Zharoff, Adams, Donley, Duncan, Ellis, Frank, Hoffman, Kelly, Lincoln, Miller, R.Phillips, Rieger, Pearce Nays: Taylor, Green, Halford, Leman The roll of the House was taken with the following result: HOUSE YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Hanley, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Nays: Green, Kohring, Ogan, Vezey TOTAL: YEAS: 52 NAYS: 8 and so, Mary Beth Shaddy was confirmed. 1996-05-07 Senate Journal Page 4158 Senator Halford moved that Sam Cotten be confirmed to the Alaska Public Utilities Commission. Representative Barnes objected, then withdrew her objection. Senator Halford asked unanimous consent. There being no further objections, Sam Cotten was confirmed. Senator Halford moved that G. Nanette Thompson be confirmed to the Alaska Public Utilities Commission. Senator Leman objected. Senator Kelly moved and asked unanimous consent that the following Letter of Intent be adopted by the Joint Session as a Legislative Letter of Intent. Without objection, the following Legislative Letter of Intent was adopted. Letter of Intent Concerning The Confirmation of G. Nanette Thompson In voting on the confirmation of G. Nanette Thompson as commissioner of the Alaska Public Utilities Commission, the Legislature does not intend to approve of the removal of Mr. Tim Cook from the A.P.U.C. nor in any way retreat from its position in Cook and Alaska State Legislature v. Botelho, Supreme Ct. Nos. S- 7253 and S-7263. The Legislature's position in that lawsuit is that Mr. Cook was validly confirmed and therefore his removal was invalid. If the Legislature's position is correct, then there was no vacancy and Ms. Thompson's appointment, and the Legislature's confirmation of it, would be ineffective. However, the Supreme Court may uphold the Superior Court's decision that Mr. Cook was validly removed. To allow for that contingency, and to avoid rejecting Ms. Thompson under AS 39.05.080(3) by simply failing to vote on her confirmation during this session, the Legislature is taking this confirmation vote, without prejudice to its position concerning Mr. Cook's confirmation and removal. Letter dated May 5, from Bruce Botelho, Attorney General, to Senator Kelly was read stating the administration's intent to honor whatever decision is ultimately reached by the Alaska Supreme Court in Cook v. Botelho. 1996-05-07 Senate Journal Page 4159 Letter dated April 26, from G. Nanette Thompson to Bruce Botelho, was read stating her intent to abide by the decision of the Supreme Court in Cook v. Bothelo. Senator Halford asked unanimous consent that G. Nanette Thompson be confirmed to the Alaska Public Utilities Commission. Senator Leman objected. The question being: Shall G. Nanette Thompson be confirmed to the Alaska Public Utilities Commission? The roll of the House was taken with the following result: HOUSE Alaska Public Utilities Commission Confirm - G. Nanette Thompson YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Nays: Kohring, Ogan, Vezey Kelly changed from "Nay" to "Yea". The roll of the Senate was called with the following result: SENATE - Confirm G. Nanette Thompson to APUC YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Sharp, Taylor, Torgerson, Zharoff, Adams, Donley, Duncan, Ellis, Frank, Halford, Hoffman, Kelly, Lincoln, Miller, R.Phillips, Rieger, Salo, Pearce Nays: Green, Leman TOTAL: YEAS: 55 NAYS: 5 and so, G. Nanette Thompson was confirmed. 1996-05-07 Senate Journal Page 4160 Senator Halford moved and asked unanimous consent that the Governor's appointments to the following boards and commissions be confirmed: Board of Clinical Social Work Examiners Beverly Haywood - Juneau Appointed: 07/20/95; Expires: 07/01/99 Board of Dispensing Opticians Mary C. Seutter - Wasilla Appointed: 08/10/95; Expires: 06/14/96 Board of Education Susan Stitham - Fairbanks Appointed: 07/20/95; Expires: 01/31/99 State Commission for Human Rights Joyce E. Bamberger, Esq. - Anchorage Appointed: 05/31/95; Expires: 01/31/00 Aaron T. Isaacs, Jr. - Klawock Appointed: 03/01/90; Reappointed: 05/31/95; Expires: 01/31/00 Commission on Judicial Conduct Sharon Nahorney - Anchorage Appointed: 07/16/91; Reappointed: 01/01/92, 03/06/96; Expires: 12/31/99 Alaska Judicial Council Vicki A. Otte - Palmer Appointed: 05/31/95; Expires: 05/18/01 Alaska Labor Relations Agency Raymond P. Smith - Anchorage Appointed: 03/06/95; Reappointed: 06/30/95; Expires: 06/30/98 1996-05-07 Senate Journal Page 4161 Board of Marine Pilots Dan A. Hensley, Esq. - Anchorage Appointed: 10/02/95; Expires: 06/01/96 John C. Klepper - Valdez Appointed: 07/21/92; Reappointed: 10/02/95; Expires: 06/01/99 Bernie Smith - Kenai Appointed: 10/02/95; Expires: 06/01/96 Michael C. Spence - Ketchikan Appointed: 10/02/95; Expires: 06/01/99 Objections were heard to the appointments of Susan Stitham, John C. Klepper and Michael C. Spence. Senator Halford moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the appointees to the above boards and commissions, with the exceptions of Susan Stitham, John D. Klepper and Michael C. Spence be confirmed. Without objection, the appointees were confirmed. Senator Halford moved that Susan Stitham be confirmed to the Board of Education. Representative Kelly objected. The question being: Shall Susan Stitham be confirmed to the Board of Education? The roll of the Senate was called with the following result: SENATE Board of Education Confirm - Susan Stitham YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Torgerson, Zharoff, Adams, Donley, Duncan, Ellis, Frank, Halford, Hoffman, Kelly, Lincoln, Miller, R.Phillips, Rieger, Salo, Sharp, Pearce Nays: Taylor, Green, Leman Kelly changed from "Nay" to "Yea". Halford changed from Nay to Yea. 1996-05-07 Senate Journal Page 4162 The roll of the House was taken with the following result: HOUSE YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Hanley, Ivan, James, Kubina, Long, Mackie, Martin, Masek, Moses, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Williams, Willis Nays: Green, Kelly, Kohring, Kott, Mulder, Ogan, Sanders, Vezey Barnes changed from "Nay" to "Yea". TOTAL: YEAS: 49 NAYS: 11 and so, Susan Stitham was confirmed. Senator Halford moved that John C. Klepper be confirmed to the Board of Marine Pilots. Objections were heard. The question being: Shall John C. Klepper be confirmed to the Board of Marine Pilots? The roll of the House was taken with the following result: HOUSE Board of Marine Pilots Confirm - John C. Klepper YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, Kubina, Long, Mackie, Moses, Navarre, Nicholia, Robinson, Sanders, Willis Nays: Austerman, Barnes, Bunde, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Austerman changed from "Yea" to "Nay". Bunde changed from "Yea" to "Nay". 1996-05-07 Senate Journal Page 4163 The roll of the Senate was called with the following result: SENATE Board of Marine Pilots Confirm - John C. Klepper YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Zharoff, Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo Nays: Torgerson, Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger, Sharp, Taylor, Pearce TOTAL: YEAS: 27 NAYS: 33 and so, John C. Klepper was not confirmed. Senator Halford moved that Michael C. Spence be confirmed to the Board of Marine Pilots. Senator Taylor objected. The question being: Shall Michael C. Spence be confirmed to the Board of Marine Pilots? The roll of the Senate was called with the following result: SENATE Board of Marine Pilots Confirm - Michael C. Spence YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Zharoff, Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, R.Phillips, Rieger, Salo, Taylor Nays: Sharp, Torgerson, Pearce Kelly changed from "Nay" to "Yea". Leman changed from "Nay" to "Yea". Taylor changed from "Nay" to "Yea". 1996-05-07 Senate Journal Page 4164 The roll of the House was taken with the following result: HOUSE YEAS: 31 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Therriault, Williams, Willis Nays: Barnes, Bunde, James, Kohring, Mulder, Phillips, Sanders, Toohey, Vezey Porter changed from "Nay" to "Yea". Masek changed from "Nay" to "Yea". Rokeberg changed from "Nay" to "Yea". TOTALS: YEAS: 48 NAYS: 12 and so, Michael C. Spence was confirmed. Senator Halford moved and asked unanimous consent that the Governor's appointments to the following boards and commission be confirmed: Board of Marital and Family Therapy Mercy Dennis - Anchorage Appointed: 12/14/92; Reappointed: 01/04/96; Expires: 12/14/99 Dixie A. Hood - Juneau Appointed: 10/12/95; Expires: 12/14/97 Sandra M. Samaniego - Fairbanks Appointed: 10/12/95; Expires: 12/14/98 1996-05-07 Senate Journal Page 4165 State Medical Board Keith M. Brownsberger, M.D. - Anchorage Appointed: 08/11/95; Expires: 04/21/98 Beverly Fletcher - Juneau Appointed: 08/11/95; Expires: 08/13/96 Donald G. Hudson, D.O. - Anchorage Appointed: 08/11/95; Expires: 04/21/96 Sarah A. Isto, M.D. - Juneau Appointed: 08/11/95; Expires: 11/06/96 Suzanne H. Lombardi - Anchorage Appointed: 08/11/95; Expires: 01/09/97 Donald C. Olson, M.D. - Nome Appointed: 08/11/95; Expires: 07/08/96 Irvin A. Rothrock, M.D. - Fairbanks Appointed: 03/06/96; Expires: 01/12/00 Board of Certified Direct-Entry Midwives Marilyn Holmes - Juneau Appointed: 07/20/95; Expires: 07/21/98 Board of Nursing Josephine Malemute - Fairbanks Appointed: 08/30/95; Expires: 03/31/96 Occupational Safety and Health Review Board Timothy O. Sharp - Fairbanks Appointed: 10/12/95; Expires: 08/01/99 Alaska Oil and Gas Conservation Commission J. David Norton, P.E. - Anchorage Appointed: 11/20/95; Expires: 12/31/00 Board of Pharmacy Chris E. Coursey - Eagle River Appointed: 04/23/91; Reappointed: 09/14/95; Expires: 04/01/99 Objections were heard to the appointment of J. David Norton. Senator Halford moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. 1996-05-07 Senate Journal Page 4166 Senator Halford moved and asked unanimous consent that the appointees to the above boards and commission, with the exception of J. David Norton, be confirmed. Without objection, the appointees were confirmed. Senator Halford moved that J. David Norton be confirmed to the Alaska Oil and Gas Conservation Commission. Representative Ogan objected. The question being: Shall J. David Norton be confirmed to the Alaska Oil and Gas Conservation Commission? The roll of the House was taken with the following result: HOUSE Alaska Oil and Gas Conservation Commission Confirm - J. David Norton YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Kubina, Long, Mackie, Moses, Navarre, Nicholia, Robinson, Willis Nays: Barnes, Bunde, G.Davis, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams The roll of the Senate was called with the following result: SENATE Alaska Oil and Gas Conservation Commission Confirm - J. David Norton YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Leman, Lincoln, R.Phillips, Rieger, Salo, Zharoff Nays: Frank, Green, Halford, Miller, Sharp, Taylor, Torgerson, Pearce TOTALS: YEAS: 30 NAYS: 30 and so, J. David Norton was not confirmed. 1996-05-07 Senate Journal Page 4167 Senator Halford moved and asked unanimous consent that the Governor's appointments to the following boards and commissions be confirmed: State Physical Therapy and Occupational Therapy Board Leslie F. Schwartz - Petersburg Appointed: 10/06/95; Expires: 09/01/98 Professional Teaching Practices Commission Peggy E. Conner Jones - Anchorage Appointed: 09/21/92; Reappointed: 08/10/95; Expires: 07/01/98 Bruce F. Johnson - Kodiak Appointed: 08/30/95; Expires: 07/01/98 Marsha K. Van Abel - Anchorage Appointed: 09/23/92; Reappointed: 08/10/95; Expires: 07/01/98 Jacquie Whitmore - Anchorage Appointed: 10/06/95; Expires: 07/01/97 Board of Psychologist and Psychological Associate Examiners Gail C. Shortell, Esq. - Anchorage Appointed: 07/20/95; Expires: 07/01/96 Real Estate Commission Ruth Blackwell - Juneau Appointed: 08/24/95; Expires: 01/31/97 Linda L. Freed - Kodiak Appointed: 08/24/95; Expires: 01/31/99 Eleanor F. Oakley - Palmer Appointed: 08/24/95; Expires: 01/31/99 Clair Ramsey - Anchorage Appointed: 08/24/95; Reappointed: 03/06/96; Expires: 01/31/00 Larry Spencer - Juneau Appointed: 08/24/95; Expires: 01/31/99 Gordon J. Severson - Anchorage Appointed: 03/06/96; Expires: 01/31/00 University of Alaska Board of Regents Joe L. Hayes, Jr. - Fairbanks Appointed: 05/31/95; Expires: 05/31/97 1996-05-07 Senate Journal Page 4168 Violent Crimes Compensation Board Carol L. Alley, M.D. - Ketchikan Appointed: 12/01/95; Expires: 12/15/97 Without objection, the appointees were confirmed. Senator Halford moved and asked unanimous consent that the Governor's appointments to the following board be confirmed: Alaska Workers' Compensation Board Dorothy Bradshaw - Fairbanks Appointed: 01/30/96; Expires: 07/01/98 Harriet M. Lawlor - Anchorage Appointed: 07/20/95; Expires: 07/01/96 Nancy J. Ridgley - Ward Cove Appointed: 10/13/92; Reappointed: 07/05/95; Expires: 07/01/98 Philip E. Ulmer - Eagle River Appointed: 01/30/96; Expires: 07/01/98 James G. Williams - Douglas Appointed: 07/05/95; Expires: 07/01/97 Representative Parnell moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard and Representative Parnell was required to vote. Without objection, the appointees were confirmed. The Joint Session stood at ease at 7:45 p.m. AFTER RECESS IN THE SENATE President Pearce called the Senate. The call was satisfied. 1996-05-07 Senate Journal Page 4169 CITATIONS Senator Miller moved and asked unanimous consent that the notice and publication requirements be waived and the following citations be made a special order of business. Without objection, it was so ordered. SPECIAL ORDER OF BUSINESS Honoring - The Senate Secretary, Senate Secretary's Assistants; Senate Records Supervisor, Senate Records Staff Senator(s) Miller, Pearce, Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Honoring - The Senate Sergeant at Arms, Senate Assistant Sergeant at Arms, Senate Finance Committee Page, Senate Pages Senator(s) Miller, Pearce, Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Senator Miller moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. SECOND READING OF HOUSE BILLS CONTINUED HB 342 Amendments No. 1 through 5 were not offered. Senator Duncan offered Amendment No. 6 : Page 2, line 26, following solids.: Insert However, this subsection may not be construed to limit the department's authority to adopt or apply a standard for total suspended solids. Senator Duncan moved for the adoption of Amendment No. 6. 1996-05-07 Senate Journal Page 4170 HB 342 Senator Leman offered an amendment to Amendment No. 6: After adopt Delete or apply a standard Insert water quality criteria After solids Insert to meet United States Environmental Protection Agency requirements Senator Leman moved for the adoption of the amendment to Amendment No. 6. Without objection, amendment to Amendment No. 6 was adopted. Without objection, Amendment No. 6 as amended was adopted. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 342(RES) am S was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 342(RES) am S An Act relating to water quality pass the Senate? The roll was taken with the following result: SCS CSHB 342(RES) am S Third Reading - Final Passage YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Salo, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Rieger, Zharoff Hoffman changed from "Nay" to "Yea". Lincoln changed from "Nay" to "Yea". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 342(RES) am S passed the Senate and was referred to the Secretary for engrossment. 1996-05-07 Senate Journal Page 4171 HB 109 Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 109(JUD) An Act relating to telephone solicitations, advertisements, and directory listings be taken up. Without objection, the bill was read the second time. SECOND READING OF SENATE RESOLUTIONS SCR 32 Senator Halford moved and asked unanimous consent that SENATE CONCURRENT RESOLUTION NO. 32 be taken up. Without objection, the resolution was read the second time and was before the Senate on final passage. The question being: Shall SENATE CONCURRENT RESOLUTION NO. 32 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 109, relating to telephone solicitations, advertisements, and directory listings, pass the Senate? The roll was taken with the following result: SCR 32 Second Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, SENATE CONCURRENT RESOLUTION NO. 32 passed the Senate and was referred to the Secretary for engrossment. SECOND READING OF HOUSE BILLS CONTINUED HB 109 Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3872. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) An Act relating to telephone solicitations, advertisements, and directory listings and relating to political polling and campaigning by telephone was adopted and read the second time. 1996-05-07 Senate Journal Page 4172 HB 109 Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) was read the third time. Senator Halford moved and asked unanimous consent that the House Letter of Intent (House Journal page 2770) be adopted. Without objection, the Legislative Letter of Intent was adopted. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) An Act relating to telephone solicitations, advertisements, and directory listings and relating to political polling and campaigning by telephone pass the Senate? The roll was taken with the following result: SCS CSHB 109(FIN) Third Reading - Final Passage YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Hoffman, Kelly, Lincoln, Miller, Pearce, Rieger, Salo, Sharp, Torgerson, Zharoff Nays: Green, Leman, R.Phillips, Taylor and so, SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) passed the Senate with the Legislative Letter of Intent and was referred to the Secretary for engrossment. UNFINISHED BUSINESS SB 98 Senator Duncan moved that the Senate rescind its previous action in adopting HOUSE CS FOR CS FOR SENATE BILL NO. 98(FIN) am H An Act making changes related to the aid to families with dependent children program (AFDC); relating to the duties of the Department of Health and Social Services; establishing a workfare pilot project for AFDC recipients; establishing a diversion program 1996-05-07 Senate Journal Page 4173 SB 98 for AFDC applicants; directing the Department of Health and Social Services to seek waivers of applicable federal laws; establishing and relating to the Alaska temporary assistance program and repealing the AFDC and job opportunity and basic skills programs upon the establishment of federal welfare reform; relating to work activities required under the Alaska temporary assistance program; authorizing qualified entities to contract with the state to administer all or part of the Alaska temporary assistance program; relating to child support; relating to certain licenses and applications for a license for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to an exemption to the State Procurement Code for certain services and contracts under the Alaska temporary assistance program; relating to disclosure of information that relates to the Alaska temporary assistance program; relating to eligibility for day care benefits administered by the Department of Community and Regional Affairs; amending Rule 90.3(c) and (h)(2), Alaska Rules of Civil Procedure; and providing for an effective date. The question being: Shall the Senate rescind its previous action? The roll was taken with the following result: HCS CSSB 98(FIN) am H Shall the Senate concur in the House Amendments to CSSB 98(RLS)? Rescind previous action? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Hoffman, Lincoln, Miller, Pearce, Rieger, Salo, Taylor, Zharoff Nays: Green, Halford, Kelly, Leman, R.Phillips, Sharp, Torgerson and so, the Senate rescinded its previous action. The question being: Shall the Senate concur in the House amendments to CSSB 98(RLS)? The roll was taken with the following result: 1996-05-07 Senate Journal Page 4174 SB 98 HCS CSSB 98(FIN) am H Shall the Senate concur in the House Amendments to CSSB 98(RLS)? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 98(FIN) am H An Act making changes related to the aid to families with dependent children program (AFDC); relating to the duties of the Department of Health and Social Services; establishing a workfare pilot project for AFDC recipients; establishing a diversion program for AFDC applicants; directing the Department of Health and Social Services to seek waivers of applicable federal laws; establishing and relating to the Alaska temporary assistance program and repealing the AFDC and job opportunity and basic skills programs upon the establishment of federal welfare reform; relating to work activities required under the Alaska temporary assistance program; authorizing qualified entities to contract with the state to administer all or part of the Alaska temporary assistance program; relating to child support; relating to certain licenses and applications for a license for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to an exemption to the State Procurement Code for certain services and contracts under the Alaska temporary assistance program; relating to disclosure of information that relates to the Alaska temporary assistance program; relating to eligibility for day care benefits administered by the Department of Community and Regional Affairs; amending Rule 90.3(c) and (h)(2), Alaska Rules of Civil Procedure; and providing for an effective date. 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. 1996-05-07 Senate Journal Page 4175 SB 98 Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule changes. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. The Secretary was requested to notify the House. SPECIAL COMMITTEE REPORTS HB 412 Senator Halford moved and asked unanimous consent that the Conference Committee Report on CS FOR HOUSE BILL NO. 412(FIN) am(brf pfld) and SENATE CS FOR CS FOR HOUSE BILL NO. 412(FIN) am S(brf fld) recommending CONFERENCE CS FOR HOUSE BILL NO. 412 An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. which had been held on the Secretary's Desk (page 4068) be taken up. Without objection, it was so ordered. Senator Halford moved that the Senate adopt the Conference Committee Report, thus adopting CONFERENCE CS FOR HOUSE BILL NO. 412. The question being: Shall CONFERENCE CS FOR HOUSE BILL NO. 412 pass the Senate? The roll was taken with the following result: 1996-05-07 Senate Journal Page 4176 HB 412 CCS HB 412 Adopt Conference Committee Report? YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Absent: Duncan and so, the Senate passed CONFERENCE CS FOR HOUSE BILL NO. 412 An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. Senator Halford moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CCS HB 412 Effective Date Vote YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo and so, the effective date clause failed. Senator Halford moved the Budget Reserve Fund section. The question being: Shall the Budget Reserve Fund section be adopted? The roll was taken with the following result: 1996-05-07 Senate Journal Page 4177 HB 412 CCS HB 412 Budget Reserve Fund Section YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, the Budget Reserve Fund section failed. The Secretary was requested to notify the House. MESSAGES FROM THE HOUSE SB 136 Message of May 7 was read, stating the House passed and returned for consideration 2d CS FOR SENATE BILL NO. 136(FIN) am(brf sup maj fld) with the following amendments: HOUSE CS FOR 2D CS FOR SENATE BILL NO. 136(FIN) am H(brf sup maj fld H) An Act making, amending, and repealing appropriations; and providing for an effective date. Senator Halford moved that the Senate concur in the House amendments. The question being: Shall the Senate concur in the House amendments to 2d CS FOR SENATE BILL NO. 136(FIN) am H(brf sup maj fld H)? The roll was taken with the following result: 1996-05-07 Senate Journal Page 4178 SB 136 HCS 2d CSSB 136(FIN) am H(brf sup maj fld) Shall the Senate concur in the House amendments to 2d CSSB 136(FIN) am? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, the Senate concurred in the House amendments, thus adopting HOUSE CS FOR 2d CS FOR SENATE BILL NO. 136(FIN) am H(brf sup maj fld H) An Act making, amending, and repealing appropriations; and providing for an effective date. Senator Halford moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: HCS 2d CSSB 136(FIN) am H(brf sup maj fld) Effective Date Vote YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, the effective date clause failed. Senator Halford moved the Budget Reserve Fund section. The question being: Shall the Budget Reserve Fund section be adopted? The roll was taken with the following result: 1996-05-07 Senate Journal Page 4179 SB 136 HCS 2d CSSB 136(FIN) am H(brf sup maj fld) Budget Reserve Section YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, the Budget Reserve Fund section failed. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to continue the Joint Session. Without objection, the Senate recessed at 11:42 p.m. JOINT SESSION IN THE HOUSE CONTINUED The Joint Session was called back to order at 11:50 p.m. Senator Halford moved that the following Governor's appointment be confirmed: DEPARTMENT OF ENVIRONMENTAL CONSERVATION Commissioner designee Michele Brown Objections were heard. The question being: Shall Michele Brown be confirmed as the Commissioner of the Department of Environmental Conservation? The roll of the Senate was called with the following result: 1996-05-07 Senate Journal Page 4180 SENATE Department of Environmental Conservation Confirm - Michele Brown YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff, Adams, Pearce The roll of the House was taken with the following result: HOUSE YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Nays: Bunde, Vezey Ogan changed from "Nay" to "Yea". TOTALS: YEAS: 58 NAYS: 2 and so, Michele Brown was confirmed. Senator Halford moved that the following Governor's appointment be confirmed: Board of Fisheries Dan K. Coffey, Esq. - Anchorage Appointed: 02/12/96; Expires: 01/31/99 Objections were heard. The question being: Shall Dan K. Coffey be confirmed to the Board of Fisheries? The roll of the Senate was called with the following result: 1996-05-07 Senate Journal Page 4181 SENATE Board of Fisheries Confirm - Dan K. Coffey YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Duncan, Ellis, Frank, Green, Halford, Kelly, Leman, Miller, Rieger, Sharp, Donley, Pearce Nays: Hoffman, Lincoln, R.Phillips, Salo, Taylor, Torgerson, Zharoff, Adams Hoffman changed from "Yea" to "Nay". Lincoln changed from "Yea" to "Nay". The roll of the House was taken with the following result: HOUSE YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Davies, B.Davis, Finkelstein, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Nays: Austerman, G.Davis, Elton, Foster, Ivan, Kubina, Long, Mackie, Navarre, Nicholia, Phillips, Williams TOTALS: YEAS: 40 NAYS: 20 and so, Dan K. Coffey was confirmed. Senator Halford moved that the following Governor's appointment be confirmed: Board of Fisheries Grant J. Miller - Sitka Appointed: 02/12/96; Expires: 01/31/99 Objections were heard. 1996-05-07 Senate Journal Page 4182 The question being: Shall Grant J. Miller be confirmed to the Board of Fisheries? The roll of the Senate was called with the following result: SENATE Board of Fisheries Confirm - Grant J. Miller YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff, Donley, Duncan, Pearce Nays: Hoffman, Adams The roll of the House was taken with the following result: HOUSE YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Barnes, Long TOTALS: YEAS: 56 NAYS: 4 and so, Grant J. Miller was confirmed. Senator Halford moved that the following Governor's appointment be confirmed: Board of Fisheries Virgil L. Umphenour - Fairbanks Appointed: 07/22/94; Reappointed: 02/12/96; Expires: 01/31/99 Objections were heard. 1996-05-07 Senate Journal Page 4183 The question being: Shall Virgil L. Umphenour be confirmed to the Board of Fisheries? The roll of the House was taken with the following result: HOUSE Board of Fisheries Confirm - Virgil Umphenour YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Vezey, Williams, Willis Nays: Elton, Kubina, Mackie, Toohey Mackie changed from "Yea" to "Nay". The roll of the Senate was called with the following result: SENATE Board of Fisheries Confirm - Virgil Umpenour YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Hoffman, Kelly, Lincoln, Miller, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Adams, Donley, Duncan, Ellis, Pearce Nays: Leman, Zharoff TOTALS: YEAS: 54 NAYS: 6 and so, Virgil L. Umphenour was confirmed. Senator Halford moved that the following Governor's appointment be confirmed: Board of Game Greg Roczicka - Bethel Appointed: 02/23/96; Expires: 01/31/99 Objections were heard. 1996-05-07 Senate Journal Page 4184 The question being: Shall Greg Roczicka be confirmed to the Board of Game? The roll of the Senate was called with the following result: SENATE Board of Game Confirm - Greg Roczicka YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff, Adams, Donley, Duncan, Ellis, Frank, Pearce Sharp changed from "Nay" to "Yea". The roll of the House was taken with the following result: HOUSE YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis TOTALS: YEAS: 60 and so, Greg Roczicka was confirmed. Senator Halford moved that the following Governor's appointment be confirmed: Board of Game Anne K. Ruggles - Fairbanks Appointed: 01/31/93; Reappointed: 02/23/96; Expires: 01/31/99 Objections were heard. 1996-05-07 Senate Journal Page 4185 The question being: Shall Anne K. Ruggles be confirmed to the Board of Game? The roll of the Senate was called with the following result: SENATE Board of Game Confirm - Anne K. Ruggles YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Hoffman, Lincoln, R.Phillips, Rieger, Salo, Zharoff, Adams, Donley, Duncan, Ellis, Pearce Nays: Halford, Kelly, Leman, Miller, Sharp, Taylor, Torgerson, Frank, Green The roll of the House was taken with the following result: HOUSE YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, Kubina, Long, Mackie, Moses, Mulder, Navarre, Nicholia, Porter, Robinson, Sanders, Willis Nays: Barnes, Brice, Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Ogan, Parnell, Phillips, Rokeberg, Therriault, Toohey, Vezey, Williams TOTALS: YEAS: 31 NAYS: 29 President Pearce announced that the vote on Anne K. Ruggles was void because the Joint Session was beyond midnight. President Pearce stated the Joint Session was adjourned. The Joint Session adjourned at 12:04 a.m. 1996-05-07 Senate Journal Page 4186 IN THE SENATE The Senate reconvened informally at 12:13 a.m. Senator Halford announced a majority caucus. UNFINISHED BUSINESS HB 401 The reconsideration on CS FOR HOUSE BILL NO. 401(RES) An Act authorizing the issuance and sale of revenue bonds to fund public wastewater systems, nonpoint source water pollution control projects, including solid waste management systems, and estuary conservation and management projects; authorizing the use of the Alaska clean water fund to pay and secure the bonds and to pay costs related to issuance and administration of the bonds; authorizing certain measures to secure payment of the bonds; and amending Rule 3, Alaska Rules of Civil Procedure was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 433 The reconsideration on CS FOR HOUSE BILL NO. 433(JUD) am An Act relating to an exemption to the unauthorized publication or use of communications and the prohibition against eavesdropping for certain law enforcement activities was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. HB 450 The reconsideration on CS FOR HOUSE BILL NO. 450(FIN) An Act relating to trademarks; 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. The following bills from the Senate calendar were not considered: 1996-05-07 Senate Journal Page 4187 SCR 31 SENATE CONCURRENT RESOLUTION NO. 31 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 269, relating to credits against certain state taxes, was not considered. HCR 29 CS FOR HOUSE CONCURRENT RESOLUTION NO. 29(TRA) am Providing for a contest among the elementary school students of Alaska to name the new ferry of the Alaska marine highway system, was not considered. HJR 1 HOUSE JOINT RESOLUTION NO. 1 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature, was not considered. HJR 47 CS FOR HOUSE JOINT RESOLUTION NO. 47(STA) Supporting continued funding of the Alaska National Guard Youth Corps Challenge Program, was not considered. HB 30 HOUSE BILL NO. 30 An Act relating to a dress code for public schools was not considered. HB 60 CS FOR HOUSE BILL NO. 60(HES) An Act relating to impairment rating guides used in evaluation of certain workers' compensation claims was not considered. HB 191 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 191(FIN) An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date was not considered. 1996-05-07 Senate Journal Page 4188 HB 269 CS FOR HOUSE BILL NO. 269(FIN) An Act relating to credits against certain taxes for contributions to certain public educational radio and television networks and stations and to endowments for public educational radio and television networks and stations, increasing the amounts that may be claimed as credits against certain state taxes, and precluding claims of the contributions as both credits and deductions against the taxes; amending the manner of computing refunds to local governments of the fisheries business tax and the fishery resource landing tax; establishing credits against the fishery resource landing tax; and terminating the public educational radio and television credits authorized by this Act at the end of five years; and providing for an effective date was not considered. HB 361 HOUSE BILL NO. 361 An Act relating to municipal capital project matching grants for a municipality organized under federal law as an Indian reserve; and providing for an effective date was not considered. HB 366 CS FOR HOUSE BILL NO. 366(FIN) An Act relating to marine safety training and education programs was not considered. HB 411 HOUSE BILL NO. 411 An Act naming Mountain View Road in Gustavus was not considered. HB 456 CS FOR HOUSE BILL NO. 456(L&C) An Act relating to the Board of Storage Tank Assistance; and providing for an effective date was not considered. HB 498 HOUSE BILL NO. 498 An Act naming the Bette Cato Bridge in Valdez was not considered. 1996-05-07 Senate Journal Page 4189 HB 517 CS FOR HOUSE BILL NO. 517(TRA)(title am) An Act relating to motor vehicle records and hearings of the Department of Public Safety; increasing the period under which a person may drive a motor vehicle under a temporary permit; relating to ownership of certain abandoned motor vehicles; relating to suspension or revocation of a motor vehicle registration or special permit; relating to renewal of a driver's license by mail; relating to procedures applicable to administrative revocation of a driver's license; relating to commercial driver training schools; increasing the property damage amounts for proof of financial responsibility and proof of motor vehicle eligibility in order to lawfully operate a motor vehicle in the state; amending the definition of `commercial motor vehicle'; relating to prohibited operation of a commercial motor vehicle and to disqualification from driving a commercial motor vehicle; relating to certain notifications in accidents involving property damage; relating to motor vehicle registration procedures; and providing for an effective date was not considered. HB 540 HOUSE BILL NO. 540 am An Act relating to health care data and registration of births was not considered. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SCR 32 SENATE CONCURRENT RESOLUTION NO. 32 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 109, relating to telephone solicitations, advertisements, and directory listings, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1996-05-07 Senate Journal Page 4190 SCR 34 SENATE CONCURRENT RESOLUTION NO. 34 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 372, relating to liquor licenses, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 35 SENATE CONCURRENT RESOLUTION NO. 35 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 405, relating to optometrists and dispensing opticians, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SCR 36 SENATE CONCURRENT RESOLUTION NO. 36 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 4, relating to the permanent fund dividend program, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 2 SENATE CS FOR CS FOR HOUSE BILL NO. 2(JUD) An Act providing for incarceration of certain nonviolent offenders in boot camps operated by the Department of Corrections; making prisoners who complete the boot camp program eligible for furloughs and discretionary parole; allowing the Department of Corrections to contract with a person for a boot camp program; creating the Boot Camp Program Advisory Board in the Department of Corrections was engrossed, signed by the President and Secretary and returned to the House for consideration. 1996-05-07 Senate Journal Page 4191 HB 4 SENATE CS FOR CS FOR HOUSE BILL NO. 4(FIN) An Act relating to absences from the state for the purposes of permanent fund dividend eligibility; relating to the following allowable absences: receiving secondary or postsecondary education on a full- time basis, receiving vocational, professional, or other specific education on a full-time basis for which a comparable program is not reasonably available in the state, serving on active duty as a member of the military of the United States, receiving certain medical treatment, accompanying a minor who is receiving certain medical treatment, providing care for a parent, spouse, sibling, child, or stepchild with a life-threatening illness who is being treated at a medical specialty complex outside the state, providing care for a terminally ill parent, spouse, sibling, child, or stepchild, settling the estate of a deceased parent, spouse, sibling, child, or stepchild, serving as a member of the Congress, serving on the staff of a member of the Congress from this state, serving in the Peace Corps, serving as an employee of the state, actively participating on a United States national athletic team, accompanying another eligible resident as the spouse, minor dependent, or disabled dependent of the eligible resident, and for any reason consistent with the individual's intent to remain a resident; requiring, for the purposes of permanent fund dividend eligibility, an individual who is not physically present in the state to maintain and demonstrate at all times an intent to return to the state to remain permanently; relating to the eligibility for 1992, 1993, 1994, 1995, and 1996 permanent fund dividends of certain spouses and dependents of eligible applicants; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House with a Legislative Letter of Intent for consideration. HB 109 SENATE CS FOR CS FOR HOUSE BILL NO. 109(FIN) An Act relating to telephone solicitations, advertisements, and directory listings and relating to political polling and campaigning by telephone was engrossed, signed by the President and Secretary and returned to the House with a Legislative Letter of Intent for consideration. 1996-05-07 Senate Journal Page 4192 HB 202 SENATE CS FOR CS FOR HOUSE BILL NO. 202(FIN) An Act relating to the participation and accountability of parents and guardians and the enforcement of restitution orders entered in juvenile delinquency proceedings; relating to claims on permanent fund dividends for certain court-ordered treatment in juvenile delinquency proceedings; and amending Alaska Delinquency Rules 3(b) and 8(b); and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 204 SENATE CS FOR CS FOR HOUSE BILL NO. 204(FIN) 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 was engrossed, signed by the President and Secretary and returned to the House for consideration. 1996-05-07 Senate Journal Page 4193 HB 211 SENATE CS FOR CS FOR HOUSE BILL NO. 211(FIN) An Act relating to voter registration and to state election administration; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 220 SENATE CS FOR CS FOR HOUSE BILL NO. 220(FIN) am S An Act relating to the duties of the commissioner of commerce and economic development concerning the Alaska Tourism Marketing Council; relating to the per diem and travel expenses of the council's board of directors; relating to the powers and duties of the council; extending the termination date of the council; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 329 SENATE CS FOR HOUSE BILL NO. 329(RES) An Act providing for restitution to the state for the unlawful taking of game was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 342 SENATE CS FOR CS FOR HOUSE BILL NO. 342(RES) am S An Act relating to water quality was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 354 CS FOR HOUSE BILL NO. 354(FIN) am S An Act relating to a retirement incentive program for certain employees of school districts under the teachers' retirement system and under the public employees' retirement system; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 372 SENATE CS FOR CS FOR HOUSE BILL NO. 372(JUD) am S An Act relating to a restaurant or eating place license; relating to the Alcoholic Beverage Control Board; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. 1996-05-07 Senate Journal Page 4194 HB 405 SENATE CS FOR CS FOR HOUSE BILL NO. 405(RLS) An Act relating to the Board of Examiners in Optometry; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 482 SENATE CS FOR CS FOR HOUSE BILL NO. 482(FIN) An Act relating to lobbying contracts of state-related entities and involving lobbying contracts of state-related entities and state procurement practices and procedures; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. ADJOURNMENT Senator Ellis informally moved and asked unanimous consent that the Senate adjourn sine die. Without objection, the Senate adjourned at 12:18 a.m. Nancy Quinto Secretary of the Senate May 1996 1996-05-07 Senate Journal Page 4195 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 OTHER MEETINGS JOINT SESSION HOUSE CHAMBER MAY 07 TUESDAY 6:00 PM FOR THE PURPOSE OF DISCUSSING THE GOVERNOR'S APPOINTMENTS TO BOARDS AND COMMISSIONS ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM 205 MAY 07 TUESDAY 5:15 PM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS MAY 07 TUESDAY 5:15 PM MINORITY CAUCUS