Legislature(1997 - 1998)
1997-05-02 Senate Journal
Full Journal pdf1997-05-02 Senate Journal Page 1633 SENATE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE - FIRST SESSION Juneau, Alaska One Hundred Tenth Day Pursuant to adjournment the Senate was called to order by President Miller at 11:00 a.m. The roll showed sixteen members present. Senator Kelly was excused from a call of the Senate. Senators Green, Lincoln, Sharp were absent. The prayer was offered by the Chaplain, The Reverend Gordon Johnson of the Resurrection Lutheran Church. Senator Taylor moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. We are grateful, Lord God, for the many gifts we have received from Your loving creative hands. We are grateful for the land in which we live as we watch winter turn into spring, buds on the trees, birds singing us out of our sleep in the morning. We are grateful for the gift to see what we have and to be able to cherish every precious breath. We are grateful, O God, for one another, even when we disagree, because our differences can truly be dignified by the presence of another view. We are grateful for recovery and recuperation for our friend and co-worker, Senator Tim Kelly. We hold him in our prayers as we pray for Your healing touch in his life. We pray for all who hold the welfare of others in their hands, that they may always keep in mind Your command to provide for the least among us. God, bless those who serve with an abundance of Your grace that they may endure their trials and tribulations with patience, grace, humility, compassion, and good humor. Amen. 1633 1997-05-02 Senate Journal Page 1634 Senator Pearce led the Senate in the Pledge of Allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundred ninth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senators Green, Sharp was noted. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to the Joint Session. Without objection, the Senate recessed at 11:03 a.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 Miller at 11:20 a.m. The purpose of the Joint Session was to consider the Governors vetoes of HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) am H An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of abortion; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules and HOUSE BILL NO. 65 am An Act relating to partial- birth abortions. 1997-05-02 Senate Journal Page 1635 The roll of the Senate was called and showed nineteen members present. Senator Kelly was excused from a call of the Senate. The roll of the House was taken and showed forty members present. SB 24 Senator Taylor moved that HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) am H An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of abortion; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules become law notwithstanding the Governors veto. The question being Shall HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) am H become law notwithstanding the Governors veto? The roll of the House was taken with the following result: HCS CSSB 24(FIN) am H Override Veto HOUSE YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 1997-05-02 Senate Journal Page 1636 SB 24 The roll of the Senate was called with the following result: HCS CSSB 24(FIN) am H Override Veto SENATE YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken, Miller Nays: Duncan, Ellis, Hoffman, Lincoln, Mackie, Pearce, Adams Excused: Kelly TOTALS: YEAS: 40 NAYS: 19 EXCUSED: 1 and so, the Governors veto of HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) am H was overridden and the engrossed and enrolled copies were returned to the Office of the Governor at 1:35 p.m., May 2, 1997. HB 65 Senator Taylor moved that HOUSE BILL NO. 65 am An Act relating to partial-birth abortions become law notwithstanding the Governors veto. The question being Shall HOUSE BILL NO. 65 am become law notwithstanding the Governors veto? The roll of the Senate was called with the following result: HB 65 am Override Veto SENATE YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Green, Halford, Leman, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken, Donley, Miller Nays: Duncan, Ellis, Hoffman, Lincoln, Mackie, Adams Excused: Kelly 1997-05-02 Senate Journal Page 1637 HB 65 The roll of the House was taken with the following result: HB 65 am Override Veto HOUSE YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Austerman, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia TOTALS: YEAS: 40 NAYS: 19 EXCUSED: 1 and so, the Governors veto of HOUSE BILL NO. 65 am was overridden and the engrossed and enrolled copies were returned to the Office of the Governor at 1:35 p.m., May 2, 1997. Senator Taylor moved and asked unanimous consent that the Joint Session stand in adjournment. Without objection, President Miller adjourned the Joint Session at 12:32 p.m. AFTER RECESS IN THE SENATE The Senate reconvened at 12:36 p.m. RECESS Senator Pearce moved and asked unanimous consent that the Senate stand in recess to 1:30 p.m. Without objection, the Senate recessed at 12:37 p.m. 1997-05-02 Senate Journal Page 1638 AFTER RECESS The Senate reconvened at 1:57 p.m. MESSAGES FROM THE HOUSE Message of May 1 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 35 HOUSE JOINT RESOLUTION NO. 35 BY THE HOUSE SPECIAL COMMITTEE ON OIL AND GAS, Encouraging federal legislation to improve federal fiscal terms for a trans-Alaska gas pipeline. was read the first time and referred to the Resources Committee. FIRST READING AND REFERENCE OF HOUSE BILLS HB 128 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to water quality; directing the Department of Environmental Conservation to conduct water quality research; establishing the Water Science Oversight Board; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. 1997-05-02 Senate Journal Page 1639 HB 137 CS FOR HOUSE BILL NO. 137(L&C) BY THE HOUSE LABOR AND COMMERCE COMMITTEE, entitled: An Act relating to veterinarians; extending the termination date of the Board of Veterinary Examiners; and providing for an effective date. was read the first time and referred to the State Affairs Committee. HB 146 CS FOR HOUSE BILL NO. 146(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to competency testing requirements for secondary students; and providing for an effective date. was read the first time and referred to the Finance Committee. HB 246 HOUSE BILL NO. 246 BY REPRESENTATIVES OGAN, Kohring, Dyson, entitled: An Act naming the George W. Palmer Memorial Bridge. was read the first time and referred to the Transportation Committee. SB 1 Message of May 1 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 1(FIN) am with the following amendment: 1997-05-02 Senate Journal Page 1640 SB 1 HOUSE CS FOR CS FOR SENATE BILL NO. 1(JUD) An Act relating to living and working conditions of prisoners in correctional facilities operated by the state, and authorizing the commissioner of corrections to negotiate with providers of detention and confinement services under contract to apply those conditions and limitations on services to persons held under authority of state law at facilities operated under contract or agreement; relating to services provided to prisoners; amending the definition of severely medically disabled applicable to prisoners seeking special medical parole; amending provisions of the correctional industries program; and extending the termination date of the Correctional Industries Commission and the program. Senator Taylor 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. 1(FIN) am? The roll was taken with the following result: HOUSE CS CS SB 1(JUD) Shall the Senate Concur in the House amendment to CSSB 1(FIN) am? YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Kelly 1997-05-02 Senate Journal Page 1641 SB 1 and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 1(JUD) An Act relating to living and working conditions of prisoners in correctional facilities operated by the state, and authorizing the commissioner of corrections to negotiate with providers of detention and confinement services under contract to apply those conditions and limitations on services to persons held under authority of state law at facilities operated under contract or agreement; relating to services provided to prisoners; amending the definition of severely medically disabled applicable to prisoners seeking special medical parole; amending provisions of the correctional industries program; and extending the termination date of the Correctional Industries Commission and the program. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. STANDING COMMITTEE REPORTS Report dated April 16 was read stating: In accordance with AS 39.05.080, the Senate State Affairs Committee reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Alaska Air National Guard - Brigadier General Colonel Van P. Williams, Jr. Commander, 176th Wing Colonel Jerry W. Gillean Chief of Staff, Headquarters Alaska Air National Guard Alaska Mental Health Trust Authority Board of Trustees John Malone - Bethel Caren Robinson - Juneau Signing the report: Senator Green, Chair, Senators Ward, Mackie, Duncan. 1997-05-02 Senate Journal Page 1642 SB 11 The Finance Committee considered SENATE BILL NO. 11 An Act relating to state aid for school construction debt; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 11(FIN) (Forthcoming) Signing no recommendation: Senators Sharp, Pearce, Cochairs, Senator Adams. Signing amend: Senators Parnell, Donley. Signing do pass: Senators Phillips, Torgerson. Fiscal note information forthcoming. The bill was referred to the Rules Committee. SB 42 The Finance Committee considered SENATE BILL NO. 42 An Act relating to the fiscal operations of the Alaska Railroad Corporation and to land acquired by the State of Alaska under the Alaska Railroad Transfer Act of 1982 or otherwise acquired for railroad purposes; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 42(FIN), entitled: An Act providing that the Alaska Railroad Corporation is subject to the Executive Budget Act (AS 37.07) and providing that certain expenditures of the Alaska Railroad Corporation are subject to appropriation; and providing for an effective date. Signing do pass: Senator Pearce, Cochair, Senators Phillips, Adams, Torgerson. Signing no recommendation: Senator Sharp, Cochair. Zero fiscal notes for the committee substitute published today from Department of Natural Resources (2). Previous zero fiscal note applies to the committee substitute. The bill was referred to the Rules Committee. 1997-05-02 Senate Journal Page 1643 SB 118 The State Affairs Committee considered SENATE BILL NO. 118 An Act relating to investments of the Alaska Permanent Fund Corporation. Signing no recommendation: Senator Green, Chair, Senator Ward. Signing do pass: Senator Mackie. Fiscal note published today from Department of Revenue. The bill was referred to the Finance Committee. SB 178 The Finance Committee considered SENATE BILL NO. 178 An Act giving notice of and approving a lease-purchase agreement by the Department of Administration for an office building in Anchorage; relating to the financing of the lease-purchase agreement; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 178(FIN), entitled: An Act stating legislative intent regarding parking, maintenance, leasing, and other requirements for a certain building acquired by the state in downtown Anchorage; giving notice of and approving a lease- purchase agreement by the Department of Administration for an office building in Anchorage; relating to the financing of the lease-purchase agreement; and providing for an effective date. Signing do pass: Senators Sharp, Pearce, Cochairs, Senator Phillips. Signing no recommendation: Senator Parnell. Signing amend: Senator Donley. Fiscal notes for the committee substitute published today from Department of Revenue, Department of Administration (2). The bill was referred to the Rules Committee. 1997-05-02 Senate Journal Page 1644 SB 189 The Finance Committee considered SENATE BILL NO. 189 An Act relating to eligibility for and default, collection, and repayment of student loans; relating to nonrenewal of certain occupational licenses for default on a student loan; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 189(FIN) Signing do pass: Senators Sharp, Pearce, Cochairs, Senators Phillips, Torgerson. Signing no recommendation: Senators Parnell, Donley. Previous zero and fiscal notes apply to the committee substitute. The bill was referred to the Rules Committee. HCR 7 The State Affairs Committee considered HOUSE CONCURRENT RESOLUTION NO. 7 Proposing an amendment to the Uniform Rules of the Alaska State Legislature relating to notice of committee meetings held during the first week of a first regular session. Signing no recommendation: Senator Green, Chair, Senators Mackie, Ward. Signing do pass: Senator Miller. Previous House zero fiscal note. The resolution was referred to the Rules Committee. HB 50 The State Affairs Committee considered CS FOR HOUSE BILL NO. 50(FIN) An Act relating to the use of broadcasting to promote certain classics or sweepstakes; and providing for an effective date. Signing do pass: Senator Green, Chair, Senators Mackie, Ward. Previous House zero fiscal note. The bill was referred to the Judiciary Committee. 1997-05-02 Senate Journal Page 1645 HB 153 The Judiciary Committee considered CS FOR HOUSE BILL NO. 153(FIN) An Act relating to the eligibility of aliens for state public assistance and medical assistance programs affected by federal welfare reform legislation; and providing for an effective date. Signing no recommendation: Senator Taylor, Chair. Signing do pass: Senators Miller, Pearce, Ellis. Previous House zero and fiscal notes. The bill was referred to the Finance Committee. SB 34 The Rules Committee considered SENATE BILL NO. 34 An Act giving notice of and approving a lease-purchase agreement with the City of Soldotna for a maintenance facility of the Department of Transportation and Public Facilities. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Duncan, Miller, Torgerson. The bill is on todays calendar. HB 23 The Rules Committee considered CS FOR HOUSE BILL NO. 23(RES) An Act relating to management of state land; and relating to access to land. Signing to calendar: Senator Leman, Chair, Senators Miller, Torgerson. Signing no recommendation: Senator Duncan. The bill is on todays calendar. HB 66 The Rules Committee considered CS FOR HOUSE BILL NO. 66(HES) 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 facility. Signing to calendar and do pass: Senator Leman, Chair. Signing to calendar: Senators Miller, Torgerson. Signing do not pass: Senator Duncan. 1997-05-02 Senate Journal Page 1646 HB 66 The bill is on todays calendar. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SJR 30 SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 30 BY THE SENATE JUDICIARY COMMITTEE BY REQUEST, Relating to the defense of Alaska from offensive nuclear attack. was read the first time and referred to the Judiciary Committee. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 192 SENATE BILL NO. 192 BY SENATOR TAYLOR, entitled: An Act relating to maintenance of state marine vessels; and providing for an effective date. was read the first time and referred to the Transportation Committee. SB 193 SENATE BILL NO. 193 BY SENATOR TORGERSON, entitled: An Act relating to a limitation on administrative expenditures of school districts; and providing for an effective date. was read the first time and referred to the Health, Education and Social Services and Finance Committees. 1997-05-02 Senate Journal Page 1647 CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 34 SENATE BILL NO. 34 An Act giving notice of and approving a lease-purchase agreement with the City of Soldotna for a maintenance facility of the Department of Transportation and Public Facilities was read the second time. Senator Sharp moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 1471. Without objection, CS FOR SENATE BILL NO. 34(FIN) An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease-purchase agreement for a Soldotna maintenance facility of the Department of Transportation and Public Facilities with total construction, acquisition, and other costs, excluding lease payments, of the project not exceeding $4,900,000 was adopted and read the second time. Senator Taylor moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: CSSB 34(FIN) Advance from Second to Third Reading? YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Halford, Hoffman, Lincoln Excused: Kelly and so, the bill failed to advance to third reading. 1997-05-02 Senate Journal Page 1648 SB 34 CS FOR SENATE BILL NO. 34(FIN) will appear on the May 5 calendar. SECOND READING OF HOUSE BILLS HB 66 CS FOR HOUSE BILL NO. 66(HES) 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 facility was read the second time. Senator Taylor moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: CSHB 66(HES) Advance from Second to Third Reading? YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly and so, the bill failed to advance to third reading. CS FOR HOUSE BILL NO. 66(HES) will appear on the May 5 calendar. HB 23 CS FOR HOUSE BILL NO. 23(RES) An Act relating to management of state land; and relating to access to land was read the second time. 1997-05-02 Senate Journal Page 1649 HB 23 Senator Taylor moved that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: CSHB 23(RES) Advance from Second to Third Reading? YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly and so, the bill failed to advance to third reading. CS FOR HOUSE BILL NO. 23(RES) will appear on the May 5 calendar. THIRD READING OF SENATE BILLS SB 141 CS FOR SENATE BILL NO. 141(RLS) An Act relating to permits to carry concealed handguns; and relating to the possession of firearms was read the third time. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 141(RLS) be placed at the bottom of todays calendar. Without objection, it was so ordered. 1997-05-02 Senate Journal Page 1650 THIRD READING OF HOUSE BILLS HB 6 SENATE CS FOR CS FOR HOUSE BILL NO. 6(FIN) am S An Act relating to minors and amending laws relating to the disclosure of information relating to certain minors; and amending Rule 3(c), Alaska Delinquency Rules was read the third time. Senator Wilken moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Without objection, the bill was returned to second reading. Senator Wilken offered Amendment No. 3 : Page 4, line 23: Following "shall": Insert ", for a minor who is at least 13 years of age at the time of commission of the offense," Following "the name of": Delete "a" Insert "the" Page 5, line 15: Following "may": Insert ", for a minor who is at least 13 years of age at the time of commission of the offense," Following "the name of": Delete "a" Insert "the" Page 5, line 27, following "offense,": Insert "the minor was at least 13 years of age at the time of commission of the offense," Page 5, line 31, following "commission of": Insert "an offense set out in this paragraph and the minor was at least 13 years of age at the time of commission of the offense; the provisions of this paragraph apply to the minor's commission of" 1997-05-02 Senate Journal Page 1651 HB 6 Senator Wilken moved for the adoption of Amendment No. 3. Objections were heard. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: SCS CSHB 6(FIN) am S Second Reading Amendment No. 3 YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Kelly and so, Amendment No. 3 was adopted. The bill was automatically in third reading. Senator Lincoln moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Without objection, the bill was returned to second reading. Senator Lincoln offered Amendment No. 4 : Page 4, line 20, following "(a)" through page 5, line 20: Delete all material. Reletter the following subsections accordingly. Page 5, line 22: Delete "alleged" Page 5, line 23: Delete ", when available," 1997-05-02 Senate Journal Page 1652 HB 6 Page 5, lines 24 - 26: Delete "AS 47.12.040(a)(1)(B) or AS47.12.040(a)(2), the department files with the court a petition seeking adjudication of the minor as" Insert "AS 47.12.120, the court enters a judgment that the minor is" Page 5, line 27: Delete "alleged" Page 5, line 31: Delete "alleged" Page 6, line 13: Delete "alleged" Senator Lincoln moved for the adoption of Amendment No. 4. Objections were heard. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: SCS CSHB 6(FIN) am S Second Reading Amendment No. 4 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Kelly and so, Amendment No. 4 failed. The bill was automatically in third reading. 1997-05-02 Senate Journal Page 1653 HB 6 Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 5. Without objection, the bill was returned to second reading. Senator Ellis offered Amendment No. 5 : Page 4, line 23, through Page 5, line 14: Delete all material. Page 5, line 15: Delete (2) Senator Ellis moved for the adoption of Amendment No. 5. Senator Leman objected. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: SCS CSHB 6(FIN) am S Second Reading Amendment No. 5 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Excused: Kelly and so, Amendment No. 5 failed. The bill was automatically in third reading. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 6(FIN) am S An Act relating to minors and amending laws relating to the disclosure of information relating to certain minors; and amending Rule 3(c), Alaska Delinquency Rules pass the Senate? The roll was taken with the following result: 1997-05-02 Senate Journal Page 1654 HB 6 SCS CSHB 6(FIN) am S Third Reading - Final Passage Court Rule YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly and so, SENATE CS FOR CS FOR HOUSE BILL NO. 6(FIN) am S passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the court rule change. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. Senator Phillips gave notice of reconsideration. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to 4:30 p.m. Without objection, the Senate recessed at 3:15 p.m. AFTER RECESS The Senate reconvened at 5:06 p.m. 1997-05-02 Senate Journal Page 1655 CITATIONS Honoring - International Symposium on Mining Senator(s) Wilken, Miller, Sharp, Hoffman, Duncan, Pearce, Lincoln, Kelly, Taylor, Parnell, Mackie, Green Representative(s) Kemplen Honoring - Edwin Gonion, Alaska Superintendent of the Year Representative(s) Foster Senator(s) Adams, Hoffman, Duncan, Pearce, Lincoln, Kelly, Taylor, Wilken, Parnell, Leman, Mackie, Sharp, Green Honoring - Marilyn Kipi Asicksik Representative(s) Foster Senator(s) Adams, Hoffman, Duncan, Pearce, Lincoln, Kelly, Taylor, Parnell, Leman, Mackie, Sharp, Green Honoring - Gene and Connie Uotila, 1997-98 King and Queen Regents, Igloo #4 and Auxiliary #8, Pioneers of Alaska Senator(s) Sharp, Wilken, Miller, Hoffman, Duncan, Pearce, Lincoln, Kelly, Taylor, Parnell, Leman, Mackie, Green Representative(s) Kelly In Memoriam - Robert Bob Crowder Senator(s) Taylor, Hoffman, Duncan, Pearce, Lincoln, Kelly, Parnell, Leman, Mackie, Sharp, Green Representative(s) Williams Senator Taylor moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. SENATE BILLS IN THIRD READING SB 141 CS FOR SENATE BILL NO. 141(RLS)An Act relating to permits to carry concealed handguns; and relating to the possession of firearms which had been placed at the bottom of the calendar (page 1649) was before the Senate in third reading. 1997-05-02 Senate Journal Page 1656 SB 141 Senator Green moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Without objection, the bill was returned to second reading. Senators Green, Halford offered Amendment No. 4 : Page 7, lines 13 - 14: Delete "or who may lawfully carry a concealed handgun in public in the state where the person resides" Insert "with permit requirements at least as strict as those in AS18.65.700 - 18.65.790" Senator Green moved for the adoption of Amendment No. 4. Senator Lincoln objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSSB 141(RLS) Second Reading Amendment No. 4 YEAS: 15 NAYS: 0 EXCUSED: 1 ABSENT: 4 Yeas: Donley, Duncan, Ellis, Green, Halford, Hoffman, Lincoln, Mackie, Miller, Parnell, Phillips, Taylor, Torgerson, Ward, Wilken Excused: Kelly Absent: Adams, Leman, Pearce, Sharp and so, Amendment No. 4 was adopted. CS FOR SENATE BILL NO. 141(RLS) am was automatically in third reading. The question being: Shall CS FOR SENATE BILL NO. 141(RLS) am An Act relating to permits to carry concealed handguns; and relating to the possession of firearms pass the Senate? The roll was taken with the following result: 1997-05-02 Senate Journal Page 1657 SB 141 CSSB 141(RLS) am Third Reading - Final Passage YEAS: 10 NAYS: 5 EXCUSED: 1 ABSENT: 4 Yeas: Donley, Green, Halford, Mackie, Miller, Parnell, Phillips, Taylor, Torgerson, Ward Nays: Duncan, Ellis, Hoffman, Lincoln, Wilken Excused: Kelly Absent: Adams, Leman, Pearce, Sharp and so, CS FOR SENATE BILL NO. 141(RLS) am failed. Senator Halford gave notice of reconsideration. UNFINISHED BUSINESS SCR 12 Senator Taylor moved and asked unanimous consent that SENATE CONCURRENT RESOLUTION NO. 12 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 9, relating to victims of crime and other criminal law matters, be held on reconsideration to May 5. Without objection, it was so ordered. HB 9 Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; relating to the definition of incapacitated for sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to mental examinations of victims in criminal prosecutions; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating 1997-05-02 Senate Journal Page 1658 HB 9 to access to certain records of the Violent Crimes Compensation Board; amending Rules 6 and 43(d), Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date be held on reconsideration to May 5. Without objection, it was so ordered. RECONSIDERATION OF SENATE BILLS SB 141 Senator Halford moved and asked unanimous consent that the reconsideration (page 1657) on CS FOR SENATE BILL NO. 141(RLS) am An Act relating to permits to carry concealed handguns; and relating to the possession of firearms be taken up at this time. Senator Duncan objected. Senator Halford called the Senate. The call was satisfied. The question being: Shall the reconsideration be taken up at this time? The roll was taken with the following result: CSSB 141(RLS) am Take up Reconsideration YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly and so, CS FOR SENATE BILL NO. 141(RLS) am was before the Senate in third reading on reconsideration. 1997-05-02 Senate Journal Page 1659 SB 141 The question to be reconsidered: Shall CS FOR SENATE BILL NO. 141(RLS) am An Act relating to permits to carry concealed handguns; and relating to the possession of firearms pass the Senate? The roll was taken with the following result: CSSB 141(RLS) am Third Reading - On Reconsideration YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Green, Halford, Leman, Mackie, Miller, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Wilken Excused: Kelly and so, CS FOR SENATE BILL NO. 141(RLS) am passed the Senate on reconsideration and was referred to the Secretary for engrossment. HB 83 Senator Leman, Chair, moved and asked unanimous consent that the Labor and Commerce Committee referral be waived on CS FOR HOUSE BILL NO. 83(STA) An Act relating to regulation of commercial vehicles; and providing for an effective date. Without objection, the bill was referred to the Rules Committee. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 141 CS FOR SENATE BILL NO. 141(RLS) am An Act relating to permits to carry concealed handguns; and relating to the possession of firearms was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1997-05-02 Senate Journal Page 1660 ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 5, 1997. Without objection, the Senate adjourned at 5:35 p.m. Nancy Quinto Secretary of the Senate May 1997 1997-05-02 Senate Journal Page 1661 ANNOUNCEMENTS Americans with Disabilities Act Notice - 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. SENATE STANDING COMMITTEES + indicates teleconference FINANCE SENATE FINANCE 532 MAY 02 FRIDAY 9:00 AM SB 11SCHOOL DEBT REIMBURSEMENT <BILLS PREVIOUSLY HEARD/SCHEDULED> MAY 03 SATURDAY 1:00 PM -- TIME CHANGE -- SB 107APPROPRIATIONS: CAPITAL & FUNDS <BILLS PREVIOUSLY HEARD/SCHEDULED> MAY 04 SUNDAY 6:00 PM -- TIME CHANGE -- SB 107APPROPRIATIONS: CAPITAL & FUNDS <BILLS PREVIOUSLY HEARD/SCHEDULED> MAY 05 MONDAY 8:00 AM SB 107APPROPRIATIONS: CAPITAL & FUNDS HB 153ALIENS AND ASSISTANCE PROGRAMS HB 146PUPIL COMPETENCY TESTING SB 139AID TO VOLUNTEER FIRE DEPARTMENTS <BILLS PREVIOUSLY HEARD/SCHEDULED> ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAY 05 MONDAY 9:00 AM + SB 36PUBLIC SCHOOL FUNDING + SB 142REGIONAL EDUCATIONAL ATTENDANCE AREAS + SB 193ADMINISTRATIVE SPENDING LIMIT FOR SCHOOLS + SB 182STATE BOARD OF CHARTER SCHOOLS <BILLS HELD FROM PREVIOUS MEETINGS> 1997-05-02 Senate Journal Page 1662 JUDICIARY BELTZ ROOM 211 MAY 02 FRIDAY 1:30 PM <BILLS HELD AND/OR PREVIOUSLY HEARD> + SB 102ALIENS AND ASSISTANCE PROGRAMS + SB 132CRIMINAL JUSTICE INFO, INCL. SEX OFFENDER + SJR 30DEFENSE OF ALASKA FROM NUCLEAR ATTACK + HB 153ALIENS AND ASSISTANCE PROGRAMS MAY 03 SATURDAY 12:30 PM FAHRENKAMP 203 -- TIME CHANGE AND LOCATION CHANGE -- <BILLS PREVIOUSLY HEARD> + SB 132CRIMINAL JUSTICE INFO, INCL. SEX OFFENDER MAY 05 MONDAY 1:30 PM BELTZ ROOM 211 HB 50BROADCASTING OF RAFFLES AND CLASSICS HB 163GAMMA-HYDROXYBUTYRATE AS CONTROLLED SUBST <HB 163 PENDING REFERRAL> <BILLS PREVIOUSLY HEARD> MAY 07 WEDNESDAY 1:00 PM SENATE FINANCE 532 -- TIME CHANGE AND LOCATION CHANGE -- JOINT JUDICIARY MEETING WITH COMMISSIONER OTTE - APSIN <BILLS PREVIOUSLY HEARD> MAY 09 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAY 06 TUESDAY 1:30 PM -- RESCHEDULED FROM 05/01/97 -- + HB 83COMMERCIAL VEHICLE INSPECTIONS + HJR 31FEDERAL FOOD, DRUG, AND COSMETIC ACT ---------------------------------------- 1997-05-02 Senate Journal Page 1663 RESOURCES BUTROVICH ROOM 205 MAY 02 FRIDAY 3:30 PM -- RESCHEDULED FROM 04/29/97 -- HJR 14SUPPORT AMERICAN LAND SOVEREIGNTY ACT + SB 184DEC & ADFG ACCESS TO FISH TAX RECORDS MAY 05 MONDAY 3:30 PM HB 151BIG GAME GUIDES/REGISTR. AREAS/TRANSPORT ---------------------------------------- RULES FAHRENKAMP RM 203 MAY 02 FRIDAY 3:15 PM HB 35EXTEND REG. ECONOMIC ASST PROGRAM HB 145TEACHING COMPETENCY EXAM FOR CERTIF HB 152REGULATION OF HOSPICE CARE (HB 152 PROPOSED RULES CS) HCR 4DHSS RECORDS FOR DELINQUENTS & CINA HJR 34NPFMC PROPOSED REGS FOR HALIBUT FISHERY SB 162MINIMUM WAGE FOR TIPPED EMPLOYEES SB 169VOLUNTARY FLEX TIME FOR MINES SCR 15UNIFORM RULE TITLE CHANGE HB 152 HJR 22ALASKA/RUSSIA MARITIME BOUNDARY SB 178ANCHORAGE OFFICE BUILDING SB 189EDUC.LOAN REPAYMNT\ELIG.; OCC. LIC. ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAY 06 TUESDAY 3:30 PM <PREVIOUSLY SCHEDULED BILLS> SJR 28FED AUDIT OF NATIVE REGIONAL CORPORATIONS -- SJR 28 RESCHEDULED FROM 05/01/97 -- SB 155NOTICE & PUBLICATION OF REGULATIONS MAY 08 THURSDAY 3:30 PM SB 183VOTING & ELECTIONS SB 185VOTER LISTS & VOTER REGISTRATION ---------------------------------------- 1997-05-02 Senate Journal Page 1664 TRANSPORTATION BUTROVICH ROOM 205 MAY 06 TUESDAY 1:30 PM SB 157CHILDRENS TRUST LICENSE PLATES HJR 27FAA COMMUTER RULE <BILLS PREVIOUSLY SCHEDULED> SB 192MAINTENANCE & REPAIR OF STATE VESSELS HB 246GEORGE W. PALMER MEMORIAL BRIDGE MAY 08 THURSDAY 1:30 PM SB 156STUDDED TIRES SB 127PERSONNEL RECORDS OF ALASKA RAILROAD <BILLS PREVIOUSLY HEARD> JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 75 AND 76 SENATE FINANCE 532 MAY 02 FRIDAY 3:00 PM -- RESCHEDULED FROM 05/01/97 -- -- TIME CHANGE -- DNR, F&G, LEG, GOV, FRONT SECTION, FISCAL NOTES INTENT LANGUAGE OTHER MEETINGS DEFERRED MAINTENANCE TASK FORCE HOUSE FINANCE 519 MAY 02 FRIDAY 12:00 PM DISCUSS PROCESS TO BE USED BY COMMITTEE PRESENTATIONS BY: COURT, DOE, DOT, UA REVIEW CURRENT LEGISLATION AFFECTING DEFERRED MAINTENANCE ---------------------------------------- JOINT SESSION HOUSE CHAMBER MAY 02 FRIDAY 11:15 AM GOVERNORS VETO: SB 24PARENTAL CONSENT BEFORE MINORS ABORTION HB 65PARTIAL-BIRTH ABORTIONS