Legislature(1993 - 1994)
1993-04-01 Senate Journal
Full Journal pdf1993-04-01 Senate Journal Page 1023 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Thursday April 1, 1993 Eighty-first Day Pursuant to adjournment the Senate was called to order by President Halford at 11:17 a.m. The roll showed nineteen members present. Senator Frank was absent. The prayer was offered by the Chaplain, Ellen Northup, Executive Director of the Glory Hole. Senator Lincoln moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Oh Lord, Please guide these Senators as they set an example to the people of the State of Alaska. May they know that they will be long remembered for what they cause to happen - either by actions or omission. Oh God, give them compassion, and intelligence, for what happens today affects every person in our State. Amen. Senator Taylor led the Senate in the pledge of allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the eightieth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 1023 1993-04-01 Senate Journal Page 1024 MESSAGES FROM THE HOUSE Message of March 31 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 126 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 126 by REPRESENTATIVES PHILLIPS, G.Davis, entitled: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 126 "An Act establishing the current prevailing rate of wages issued at least 10 days before the final submission of bids as the prevailing wage rate for public construction projects and requiring periodic adjustment of the wage rate." was read the first time and referred to the Labor and Commerce Committee. STANDING COMMITTEE REPORTS Report dated March 31 was read stating: In accordance with AS 39.05.080, the Senate Health, Education and Social Services Committee reviewed the following with regard to confirmation of the Governor's appointments: Board of Education Stowell R. Johnstone There were no stated objections to the confirmation of the named individual by committee members. This does not reflect an intent by any of the members to vote for or against him during any further sessions. 1993-04-01 Senate Journal Page 1025 Signing the report: Senator Rieger, Chair, Senator Sharp, Vice Chair, Senators Leman, Miller, Duncan, Ellis, Salo. SB 61 The Health, Education and Social Services Committee considered SENATE BILL NO. 61 "An Act implementing certain recommendations of Alaska 2000 to improve the state's education system; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 61(HES), entitled: "An Act relating to goals for public education and student performance, to grants for improving school performance, to school district advisory boards, and to establishment of charter schools; and providing for an effective date." Signing do pass: Senator Rieger, Chair, Senator Sharp. Signing no recommendation: Senators Miller, Leman, Duncan, Ellis, Salo. Fiscal note for the Committee Substitute published today from Department of Education. SENATE BILL NO. 61 was referred to the Finance Committee. SB 160 The Health, Education and Social Services Committee considered SENATE BILL NO. 160 "An Act relating to memorial scholarship loans." Signing do pass: Senator Rieger, Chair, Senators Miller, Duncan, Ellis, Salo, Leman, Sharp. Zero fiscal notes published today from Department of Education and Department of Public Safety. SENATE BILL NO. 160 was referred to the Finance Committee. 1993-04-01 Senate Journal Page 1026 HJR 18 The Resources Committee considered HOUSE JOINT RESOLUTION NO. 18 Relating to establishment of a fishing community at Adak. Signing do pass: Senator Miller, Chair, Senator Leman. Signing no recommendation: Senators Pearce, Donley. Previous House zero fiscal note. HOUSE JOINT RESOLUTION NO. 18 was referred to the Rules Committee. HB 64 The Judiciary Committee considered CS FOR HOUSE BILL NO. 64(FIN) "An Act creating the crimes of stalking in the first and second degrees and providing penalties for their violation; providing a peace officer with the authority to arrest without a warrant a person the peace officer has reasonable cause to believe has committed stalking; relating to the release before trial of a person accused of stalking; prohibiting the suspension of imposition of sentence of a person convicted of stalking; relating to the crime of assault in the third degree; and providing for an effective date." Signing do pass with a Senate Judiciary Committee Letter of Intent: Senator Taylor, Chair, Senators Little, Donley, Halford. Letter of Intent for CS for HB 64(FIN) It is the intent of the Senate that, in prosecutions for the offense of stalking in the first degree in violation of AS 11.41.260 or stalking in the second degree in violation of AS 11.41.270, the State of Alaska must prove beyond a reasonable doubt that the victim was placed in actual fear of death or physical injury by the defendant's course of conduct. This gives the same meaning to the phrase "recklessly places another person in fear" as is given to that phrase in the offense of assault in 1993-04-01 Senate Journal Page 1027 HB 64 the third degree in violation of AS 11.41.220(a)(1) ("recklessly places another person in fear of imminent serious physical injury by means of a dangerous instrument"). This is also consistent with the decision of the Alaska Court of Appeals in DeHart v. State, 781 P.2d 989 (Alaska Ct. App. 1989). Zero fiscal note published today from Department of Corrections. Previous House zero fiscal notes. CS FOR HOUSE BILL NO. 64(FIN) was referred to the State Affairs Committee. HB 120 The Judiciary Committee considered HOUSE BILL NO. 120 "An Act changing the date by which jury lists must be prepared; requiring the use of the list of the current year's permanent fund dividend applicants in preparing the jury list; and changing the date by which state departments must submit certain lists to the Alaska Court System." Signing do pass: Senator Taylor, Chair, Senators Donley, Halford. Signing no recommendation: Senator Little. Previous House zero fiscal note. HOUSE BILL NO. 120 was referred to the Rules Committee. HB 152 The Judiciary Committee considered CS FOR HOUSE BILL NO. 152(JUD) "An Act relating to magistrate jurisdiction." Signing do pass: Senator Taylor, Chair, Senators Halford, Little, Donley. Previous House zero fiscal note. CS FOR HOUSE BILL NO. 152(JUD) was referred to the Rules Committee. 1993-04-01 Senate Journal Page 1028 SB 100 The Rules Committee considered SENATE BILL NO. 100 "An Act making supplemental and special appropriations for the expenses of state government; making, amending, and repealing capital and operating appropriations; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senator Rieger. Signing Yuk: Senator Halford. Signing no recommendation: Senator Little. SENATE BILL NO. 100 is on today's calendar. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 182 SENATE BILL NO. 182 by SENATOR DONLEY, entitled: "An Act providing for an economic study of the fisheries of southcentral Alaska; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. UNFINISHED BUSINESS SB 84 Senator Kelly requested that the reconsideration on SENATE BILL NO. 84 am "An Act relating to fees for identification cards and certain motor vehicle licenses and permits; to licenses issued to drivers and to revocation of a license to drive; and providing for an effective date" be taken up. Senator Kelly called the Senate. The call was satisfied. 1993-04-01 Senate Journal Page 1029 SENATE BILLS IN THIRD READING SB 84 SENATE BILL NO. 84 am was before the Senate on reconsideration. The question to be reconsidered: "Shall SENATE BILL NO. 84 am "An Act relating to fees for identification cards and certain motor vehicle licenses and permits; to licenses issued to drivers and to revocation of a license to drive; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SB 84 AM Third Reading - On Reconsideration Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams and so, SENATE BILL NO. 84 am passed the Senate on reconsideration. Senator Taylor 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. SENATE BILL NO. 84 am was referred to the Secretary for engrossment. UNFINISHED BUSINESS SB 154 Senator Jacko requested that the reconsideration on CS FOR SENATE BILL NO. 154(L&C) "An Act relating to the economic development grant program; and providing for an effective date" be taken up. 1993-04-01 Senate Journal Page 1030 SENATE BILLS IN THIRD READING SB 154 CS FOR SENATE BILL NO. 154(L&C) was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 154(L&C) "An Act relating to the economic development grant program; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 154(L&C) Third Reading - On reconsideration YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, CS FOR SENATE BILL NO. 154(L&C) passed the Senate on reconsideration. SB 100 Senator Taylor moved that the first item of business on today's calendar, namely SENATE BILL NO. 100 "An Act making supplemental and special appropriations for the expenses of state government; making, amending, and repealing capital and operating appropriations; and providing for an effective date" be placed at the bottom of the calendar. Senator Taylor moved and asked unanimous consent to withdraw his motion. Senator Duncan objected, then withdrew his objection. There being no further objections, Senator Taylor's motion was withdrawn. SB 154 Senator Taylor moved the effective date clause on CS FOR SENATE BILL NO. 154(L&C). 1993-04-01 Senate Journal Page 1031 SB 154 The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 154(L&C) Effective Date YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the effective date clause failed to be adopted. CS FOR SENATE BILL NO. 154(L&C)(efd fld) was referred to the Secretary for engrossment. CONSIDERATION OF THE CALENDAR SB 100 Senator Taylor moved that the first item of business on today's calendar, namely SENATE BILL NO. 100 (page 1030), be placed at the bottom of the calendar. Senator Duncan objected, then withdrew his objection. There being no further objections, SENATE BILL NO. 100 was placed at the bottom of today's calendar. THIRD READING OF SENATE BILLS SB 149 CS FOR SENATE BILL NO. 149(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 149(FIN) "An Act revising the laws governing financial institutions and relating to trust companies, the Alaska Small Loans Act, and the Premium Financing Act; amending Alaska Rule of Criminal Procedure 17 and Alaska Rule of Civil Procedure 45(b); and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1993-04-01 Senate Journal Page 1032 SB 149 CSSB 149(FIN) Third Reading - Final Passage Effective Date Court Rule Changes YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams, Ellis and so, CS FOR SENATE BILL NO. 149(FIN) passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on Court Rule changes. Without objection, it was so ordered. Senator Taylor 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 Adams gave notice of reconsideration. SB 112 CS FOR SENATE BILL NO. 112(JUD) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 112(JUD) "An Act relating to the Uniform Commercial Code; amending Alaska Rules of Civil Procedure 8 and 82, and Alaska Rule of Evidence 402; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1993-04-01 Senate Journal Page 1033 SB 112 CSSB 112(JUD) Third Reading - Final Passage Effective Date Court Rule changes YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, CS FOR SENATE BILL NO. 112(JUD) 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 changes. Without objection, it was so ordered. Senator Taylor 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 Kelly gave notice of reconsideration. CITATIONS Honoring - Scott Darsney by Representative(s) Moses, Davies Senator(s)Jacko, Little, Donley, Pearce, Duncan, Zharoff, Halford Senator Taylor moved and asked unanimous consent that the citation be adopted. Senator Duncan objected. Senator Duncan called the Senate. The call was satisfied. 1993-04-01 Senate Journal Page 1034 Senator Duncan withdrew his objection. There being no further objection, the citation was adopted and referred to the Secretary for transmittal. SECOND READING OF SENATE BILLS SB 100 SENATE BILL NO. 100 "An Act making supplemental and special appropriations for the expenses of state government; making, amending, and repealing capital and operating appropriations; and providing for an effective date" which had been placed at the bottom of today's calendar was read the second time. Senator Pearce moved and asked unanimous consent that the Finance Committee Substitute offered on page 1001 be adopted. Senator Duncan objected. Senator Duncan called the Senate on the bill. The call was satisfied. Senator Duncan withdrew his objection. There being no further objection, CS FOR SENATE BILL NO. 100(FIN) was adopted. CS FOR SENATE BILL NO. 100(FIN) was read the second time. Senator Adams offered Amendment No. 1 : Page 8, Line 24: Delete "$500,000" Insert "$690,400" Senator Adams moved for the adoption of Amendment No. 1. Senator Kelly objected. The question being: Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1993-04-01 Senate Journal Page 1035 SB 100 CSSB 100(FIN) Second Reading Amendment No. 1 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 1 failed. Senator Adams offered Amendment No. 2 : Add a new section to read: "The sum of $90,600 is appropriated from the general fund to the Department of Public Safety for increased personnel costs associated with criminal records and identification, to reduce backlogs for the fiscal year ending June 30, 1993." Senator Adams moved for the adoption of Amendment No. 2. Senator Taylor objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 100(FIN) Second Reading Amendment No. 2 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff 1993-04-01 Senate Journal Page 1036 SB 100 Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 2 failed. Senator Adams offered Amendment No. 3 : Add a new section to read: "The sum of $125,000 is appropriated from the general fund to the Department of Public Safety for increased prisoner transportation costs for the fiscal year ending June 30, 1993." Senator Adams moved for the adoption of Amendment No. 3. Senator Frank objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 100(FIN) Second Reading Amendment No. 3 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Zharoff Nays: Donley, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor and so Amendment No. 3 failed. Amendment No. 4 was not offered. Senators Pearce, Frank, Sharp, Kerttula, Miller offered Amendment No. 5 : 1993-04-01 Senate Journal Page 1037 SB 100 Page 7, line 18: After "for" Delete "activities" Insert "personal services costs" [ACTIVITIES] Senator Pearce moved for the adoption of Amendment No. 5: Senator Adams objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSSB 100(FIN) Second Reading Amendment No. 5 YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so Amendment No. 5 was adopted. Senator Little offered Amendment No. 6 : Page 10, line 16: After "of" Delete "$4,700,000" Insert "$6,812,900" Senator Little moved for the adoption of Amendment No. 6. Senators Frank, Kelly objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSSB 100(FIN) am Second Reading Amendment No. 6 1993-04-01 Senate Journal Page 1038 SB 100 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 6 failed. Senator Kerttula offered Amendment No. 7 : Section 28. Delete "$600,000" Insert "$1,100,000" Senator Kerttula moved for the adoption of Amendment No. 7. Senator Taylor objected. Senator Duncan lifted the call. Senator Pearce called the Senate, then lifted the call. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to 2:00 p.m. Without objection, the Senate recessed at 1:34 p.m. AFTER RECESS The Senate reconvened at 2:32 p.m. CONSIDERATION OF THE CALENDAR CONTINUED SB 100 The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSSB 100(FIN) am Second Reading Amendment No. 7 1993-04-01 Senate Journal Page 1039 SB 100 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 7 failed. Senator Taylor moved and asked unanimous consent that the Senate return to Reports of Standing Committees. Without objection, it was so ordered. STANDING COMMITTEE REPORTS SB 174 The Labor and Commerce Committee considered SENATE BILL NO. 174 "An Act exempting certain taxicab operators from coverage under the Alaska Wage and Hour Act, the Alaska Employment Security Act, and the Alaska Workers' Compensation Act" and recommended it be replaced with CS FOR SENATE BILL NO. 174(L&C), entitled: "An Act exempting certain taxicab operators from coverage under the Alaska Wage and Hour Act, the Alaska Employment Security Act, and the Alaska Workers' Compensation Act; and providing for an effective date." Signing do pass: Senator Kelly, Chair, Senators Sharp, Rieger. Signing no recommendation: Senator Salo. Zero fiscal note for the bill and the committee substitute published today from Department of Labor. SENATE BILL NO. 174 was referred to the Rules Committee. The Senate advanced to: 1993-04-01 Senate Journal Page 1040 CONSIDERATION OF THE CALENDAR CONTINUED SB 100 Amendment No. 8 was not offered. Senator Kerttula offered Amendment No. 9 : Add a new section to read: "The sum of $1,000,000 is appropriated from the general fund for Department of Law to pay judgments and claims against the state for the fiscal year ending June 30, 1993. Senator Kerttula moved for the adoption of Amendment No. 9. Senator Frank objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSSB 100(FIN) am Second Reading Amendment No. 9 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 9 failed. Senator Salo offered Amendment No. 10 : Page 10, lines 16 - 17: Delete "$4,700,000" Insert "$6,000,000" Senator Salo moved for the adoption of Amendment No. 10. Senator Kelly objected. 1993-04-01 Senate Journal Page 1041 SB 100 The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSSB 100(FIN) am Second Reading Amendment No. 10 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 10 failed. Senators Lincoln, Adams offered Amendment No. 11 : Page 7, Line 20: Delete "$292,200" Insert "$492,000" Senator Lincoln moved for the adoption of Amendment No. 11: Senator Pearce objected. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: CSSB 100(FIN) am Second Reading Amendment No. 11 YEAS: 8 NAYS: 11 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Donley, Frank, Halford, Jacko, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Absent: Kelly 1993-04-01 Senate Journal Page 1042 SB 100 and so, Amendment No. 11 failed. Senator Lincoln offered Amendment No. 12 : Page 2, line 15: Delete "$138,400" Insert "$200,000" Senator Lincoln called the Senate. The call was satisfied. SB 100 Senator Lincoln moved for the adoption of Amendment No. 12. Senator Frank objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSSB 100(FIN) am Second Reading Amendment No. 12 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Donley, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 12 failed. Senator Zharoff offered Amendment No. 13 : Add a new section to read: "Sec. *. The sum of $90,000 is appropriated from the general fund to the Department of Military and Veterans Affairs for additional costs of the veterans' death gratuity program for the fiscal year ending June 30, 1993." 1993-04-01 Senate Journal Page 1043 SB 100 Senator Zharoff moved for the adoption of Amendment No. 13. Objections were heard. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: CSSB 100(FIN) am Second Reading Amendment No. 13 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 13 failed. Senator Lincoln offered Amendment No. 14 : Page 1, line 5: Delete ", not to exceed $250,000," Page 1, lines 8 - 10: Delete "reappropriated to the Office of the Governor for payment as a grant under AS 37.05.316 to Arctic Power, Inc., for promotion of the opening of the Arctic National Wildlife Refuge to oil and gas development." Insert "lapses into the general fund June 30, 1993." Senator Lincoln moved for the adoption of Amendment No. 14. Senator Pearce objected. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: 1993-04-01 Senate Journal Page 1044 SB 100 CSSB 100(FIN) am Second Reading Amendment No. 14 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Donley, Ellis, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 14 failed. Senator Donley offered Amendment No. 15 : Page 2, lines 2 - 9: Page 2, lines 12 - 30: Page 3, lines 6 - 12: Page 3, lines 15 - 17: Page 3, line 29, through page 6, line 12: Page 7, lines 5 - 9: Page 7, line 17, through page 8, line 17: Page 8, line 31, through page 10, line 5: Page 10, lines 9 - 15: Page 10, lines 18 - 20: Page 10, line 24, through page 11, line 8: Delete all material. Renumber bill sections accordingly. Senator Donley moved for the adoption of Amendment No. 15. Senator Taylor objected. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: 1993-04-01 Senate Journal Page 1045 SB 100 CSSB 100(FIN) am Second Reading Amendment No. 15 YEAS: 3 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis Nays: Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, Amendment No. 15 failed. Senator Ellis offered Amendment No. 16 : Section 3: Delete all material. Renumber bill sections accordingly. Senator Ellis moved for the adoption of Amendment No. 16. Senator Taylor objected. The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: CSSB 100(FIN) am Second Reading Amendment No. 16 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 16 failed. 1993-04-01 Senate Journal Page 1046 SB 100 Senator Ellis offered Amendment No. 17 : Page 1, Lines 5-10, Section 1: Delete all material Renumber bill sections accordingly. Senator Ellis moved for the adoption of Amendment No. 17. Senator Pearce objected. The question being: "Shall Amendment No. 17 be adopted?" The roll was taken with the following result: CSSB 100(FIN) am Second Reading Amendment No. 17 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Donley, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 17 failed. Senator Donley moved that the Senate rescind its previous action in failing to adopt Amendment No. 9 for the purpose of declaring a possible conflict of interest and asked to be allowed to abstain from voting. Senator Pearce objected. The question being: "Shall the Senate rescind its previous action in failing to adopt Amendment No. 9?" The roll was taken with the following result: 1993-04-01 Senate Journal Page 1047 SB 100 CSSB 100(FIN) am Second Reading Rescind action in failing to adopt Amendment No. 9 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, the Senate failed to rescind its action. Senator Adams offered Amendment No. 18 : Page 8, Line 21, Sec. 44: Delete "$100,000" Insert "$125,000" Senator Adams moved for the adoption of Amendment No. 18. Senator Frank objected. The question being: "Shall Amendment No. 18 be adopted?" The roll was taken with the following result: CSSB 100(FIN) am Second Reading Amendment No. 18 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor 1993-04-01 Senate Journal Page 1048 SB 100 and so, Amendment No. 18 failed. Senator Adams moved that the Senate rescind its previous action in failing to adopt Amendment No. 2. The question being: "Shall the Senate rescind its previous action in failing to adopt Amendment No. 2?" The roll was taken with the following result: CSSB 100(FIN) am Second Reading Rescind action in failing to adopt Amendment No. 2 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, the Senate failed to rescind its action. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 100(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Senator Adams objected. The question being: "Shall CS FOR SENATE BILL NO. 100(FIN) am be advanced to third reading?" The roll was taken with the following result: 1993-04-01 Senate Journal Page 1049 SB 100 CSSB 100(FIN) am Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, CS FOR SENATE BILL NO. 100(FIN) am failed to be advanced to third reading. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 84 SENATE BILL NO. 84 am "An Act relating to fees for identification cards and certain motor vehicle licenses and permits; to licenses issued to drivers and to revocation of a license to drive; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 154 CS FOR SENATE BILL NO. 154(L&C)(efd fld) "An Act relating to the economic development grant program" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1993-04-01 Senate Journal Page 1050 ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 2, 1993. Without objection, the Senate adjourned at 3:48 p.m. Nancy Quinto Secretary of the Senate April 1993 1993-04-01 Senate Journal Page 1051 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 APR 01 THURSDAY 9:00 AM TELECONFERENCE--LISTEN ONLY SB 62 PUBLIC SCHOOL FOUNDATION PROGRAM APR 06 TUESDAY 9:00 AM TELECONFERENCE SB 62 PUBLIC SCHOOL FOUNDATION PROGRAM APR 06 TUESDAY 7:30 PM TELECONFERENCE ****TIME AND LOCATION CHANGE TO BELTZ ROOM 211 SB 62 PUBLIC SCHOOL FOUNDATION PROGRAM APR 08 THURSDAY 9:00 AM BILLS PREVIOUSLY HEARD ---------------------------------------- FINANCE SENATE FINANCE 518 APR 01 THURSDAY 9:30 AM ********CANCELLED*********** SB 175 FY 94 OPERATING BUDGET & LOAN PROGRAMS FULL COMMITTEE CLOSEOUTS APR 02 FRIDAY 8:30 AM SB 175 FY 94 OPERATING BUDGET & LOAN PROGRAMS ..FULL COMMITTEE CLOSEOUTS CORRECTIONS EDUCATION LABOR REVENUE MILITARY AND VETERANS AFFAIRS LAW HEALTH AND SOCIAL SERVICES 1993-04-01 Senate Journal Page 1052 FINANCE CONTINUED APR 03 SATURDAY 10:00 AM SB 175 FY 94 OPERATING BUDGET & LOAN PROGRAMS ..FULL COMMITTEE CLOSEOUTS ENVIRONMENTAL CONSERVATION COMMUNITY AND REGIONAL AFFAIRS ADMINISTRATION COURT SYSTEM PUBLIC SAFETY LEGISLATURE TRANSPORTATION UNIVERSITY FISH AND GAME COMMERCE AND ECONOMIC DEVELOPMENT NATURAL RESOURCES GOVERNOR'S OFFICE APR 05 MONDAY 9:00 AM SB 16 AIDEA BONDS: ANCHORAGE SEAFOOD FACILITY SB 171 AIDEA BONDS; BUSINESS ASSISTANCE PROG. SB 57 EXTEND S.T.E.P. PROGRAM TO 1996 SB 58 PHASE OUT LONGEVITY BONUS SB 99 FINANCIAL ADMINISTRATION OF STATE GOVT. <PENDING REFERRAL> SB 101 ELIGIBILITY FOR PUBLIC ASSISTANCE <PENDING REFERRAL> SB 102 MUNICIPAL PROPERTY TAX EXEMPTIONS HB 66 MUNICIPAL PROPERTY TAX EXEMPTIONS <PENDING REFERRAL> APR 06 TUESDAY 9:00 AM SB 85 TOURISM MARKETING COUNCIL SB 142 REGIONAL ECONOMIC ASSISTANCE GRANTS SB 148 ALASKA RAILROAD CORPORATION <PENDING REFERRAL> SB 153 EXCHANGE OF RAW FISH FOR SEAFOOD PRODUCT <PENDING REFERRAL> BILLS PREVIOUSLY HEARD APR 07 WEDNESDAY 9:00 AM SB 45 MISC. LAWS RELATING TO MINORS SB 51 WORK CAMPS FOR JUVENILE OFFENDERS SB 111 DEFINED CONTRIBUTION RETIREMENT PLAN SB 129 POWERS OF CHIEF PROCUREMENT OFFICER SB 141 WORKERS' COMP FOR WORK-STUDY STUDENTS BILLS PREVIOUSLY HEARD 1993-04-01 Senate Journal Page 1053 FINANCE CONTINUED APR 08 THURSDAY 9:00 AM SB 91 MEDICAID COVERAGE OF MIDWIFE SERVICES SB 133 REVOCATION OF DRIVER'S LICENSE SB 165 APPROP: ALYESKA SETTLEMENT FUND SB 173 GROUP HEALTH INS. FOR SMALL EMPLOYERS BILLS PREVIOUSLY HEARD ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 02 FRIDAY 1:30 PM SB 65 CENTRALIZED CORRESPONDENCE STUDY BILLS PREVIOUSLY HEARD APR 05 MONDAY 1:30 PM SJR 30 SCHOOL CONSTRUCTION & MAINTENANCE FUND SB 180 SCHOOL CONSTRUCTION DEBT REIMBURSEMENT SB 181 SCHOOL CONSTRUCTION GRANTS BILLS PREVIOUSLY HEARD APR 07 WEDNESDAY 1:30 PM TELECONFERENCE -- LISTEN ONLY SB 145 POSITION OF STATE MEDICAL EXAMINER <PENDING REFERRAL> SB 114 STATE HEALTH RESOURCES AUTHORITY SB 123 CIVIL LIABILITY: MEDICAL MALPRACTICE BILLS PREVIOUSLY HEARD APR 09 FRIDAY 1:30 PM NO MEETING SCHEDULED APR 12 MONDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY CAPITOL ROOM 120 APR 01 THURSDAY 3:30 PM TIME AND LOCATION CHANGE TELECONFERENCE SB 76 CHARITABLE GAMING RESTRICTIONS 1993-04-01 Senate Journal Page 1054 JUDICIARY CONTINUED APR 02 FRIDAY 1:30 PM TELECONFERENCE SB 158 REDUCING EXEMPTION AMOUNTS SB 155 USE OF RENTED PROPERTY/LAW VIOLATIONS SB 168 NEWSPAPER OF GENERAL CIRCULATION DEFINED SB 99 FINANCIAL ADMINISTRATION OF STATE GOVT. BILLS PREVIOUSLY HEARD APR 05 MONDAY 1:30 PM SB 73 LIABILITY OF DESIGN/CONSTRUCTION PROS <TELECONFERENCE ON ABOVE BILL> SCR 4 REQUEST CHANGE IN RULE 82 FEES <TELECONFERENCE ON ABOVE BILL> SB 178 CIVIL NUISANCE ACTIONS <TELECONFERENCE ON ABOVE BILL> HB 151 PAYMENT BY INDIGENTS FOR LEGAL SERVICES SB 161 INTEREST RATES: JUDGMENTS/TAXES/ROYALTIES <PENDING REFERRAL> HB 99 REPEAL 65-DAY DEADLINE: OIL SPILL PLANS BILLS PREVIOUSLY HEARD OR HELD OVER APR 05 MONDAY 3:30 PM ***NOTE LOCATION AND TIME CHANGE ***JOINT WITH HOUSE JUDICIARY CONFIRMATION HEARING: ..SELECT COMMITTEE ON LEGISLATIVE ETHICS: ED GRANGER APR 07 WEDNESDAY 1:30 PM BILLS PREVIOUSLY HEARD OR HELD OVER HB 144 FEE FOR PFD ASSIGNMENTS/CLAIMS APR 09 FRIDAY 1:30 PM BILLS PREVIOUSLY HEARD OR HELD OVER ---------------------------------------- LABOR & COMMERCE FAHRENKAMP ROOM 203 APR 01 THURSDAY 1:30 PM BILLS PREVIOUSLY HEARD SB 174 EXEMPTING CAB DRIVERS FROM EMPLOYMENT LAW 1993-04-01 Senate Journal Page 1055 LABOR & COMMERCE CONTINUED APR 06 TUESDAY 1:30 PM SB 79 BOARDS/COMMISSIONS/COUNCILS/AUTHORITIES SB 177 SALMON MARKETING AND ENHANCEMENT TAXES BILLS PREVIOUSLY HEARD APR 08 THURSDAY 1:30 PM HB 126 PUBLIC CONSTRUCTION PREVAILING WAGE RATES BILLS PREVIOUSLY HEARD ---------------------------------------- RESOURCES BUTROVICH ROOM 205 APR 02 FRIDAY 3:30 PM BILLS PREVIOUSLY HEARD APR 05 MONDAY 3:30 PM HJR 28 SUPPORT KANTISHNA AREA TOURISM DEVELOP'T HB 213 LIMIT ADMINISTRATIVE LAND CLOSURES SCR 5 DECLARE FEDERAL PUBLIC LAND WEEK APR 07 WEDNESDAY 3:30 PM HCR 16 ESTABLISH STATE COAL POLICY SB 103 AIR QUALITY CONTROL PROGRAM APR 09 FRIDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- STATE AFFAIRS BUTROVICH ROOM 205 APR 02 FRIDAY 9:00 AM BILLS PREVIOUSLY HEARD APR 05 MONDAY 9:00 AM HB 64 ANTI-STALKING LAW SB 145 POSITION OF STATE MEDICAL EXAMINER BILLS PREVIOUSLY HEARD APR 07 WEDNESDAY 9:00 AM SB 5 MEDICAID FOR CERTAIN DISABLED CHILDREN BILLS PREVIOUSLY HEARD APR 09 FRIDAY 9:00 AM NO MEETING SCHEDULED 1993-04-01 Senate Journal Page 1056 STATE AFFAIRS CONTINUED APR 12 MONDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 APR 01 THURSDAY 3:30 PM TELECONFERENCE SB 167 MARINE FUEL TAX REVENUE SHARING BILLS PREVIOUSLY HEARD APR 06 TUESDAY 3:30 PM CONFIRMATION HEARING: ...BRUCE A. CAMPBELL, COMMISSIONER, DOT/PF HB 98 BLACK VETS' RECOGNITION BRIDGE,ALASKA HWY HB 117 NAME MANVIL H. OLSON BRIDGE (SCHROCK RD.) SJR 29 FEDERAL MANDATE OF MOTORCYCLE HELMETS BILLS PREVIOUSLY HEARD BEFORE COMMITTEE APR 08 THURSDAY 3:30 PM BILLS PREVIOUSLY HEARD FINANCE SUBCOMMITTEES ADMINISTRATION SENATE FINANCE 518 APR 01 THURSDAY 2:00 PM CONTINUATION OF BUDGET CLOSEOUT ---------------------------------------- COMMERCE & ECONOMIC DEVELOPMENT SENATE FINANCE 518 APR 01 THURSDAY 8:00 PM COMMERCE & ECONOMIC DEVELOPMENT BUDGET CLOSEOUT ---------------------------------------- COMMUNITY & REGIONAL AFFAIRS FAHRENKAMP ROOM 203 APR 02 FRIDAY 8:00 AM DEPARTMENTAL BUDGET CLOSEOUT ---------------------------------------- 1993-04-01 Senate Journal Page 1057 FINANCE SUBCOMMITTEES CONTINUED ENVIRONMENTAL CONSERVATION SENATE FINANCE 518 APR 01 THURSDAY 8:00 AM CONTINUATION OF BUDGET CLOSEOUT ---------------------------------------- FISH AND GAME SENATE FINANCE 518 APR 01 THURSDAY 7:00 PM FISH AND GAME BUDGET CLOSEOUT ---------------------------------------- GOVERNOR SENATE FINANCE 518 APR 02 FRIDAY 5:00 PM GOVERNOR'S OFFICE BUDGET CLOSEOUT ---------------------------------------- LEGISLATURE SENATE FINANCE 518 APR 02 FRIDAY 5:00 PM LEGISLATURE SUBCOMMITTEE BUDGET CLOSEOUT ---------------------------------------- NATURAL RESOURCES SENATE FINANCE 518 APR 01 THURSDAY 6:00 PM NATURAL RESOURCES BUDGET CLOSEOUT ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES BELTZ ROOM 211 APR 02 FRIDAY 3:30 PM DOT/PF BUDGET CLOSEOUT ---------------------------------------- UNIVERSITY OF ALASKA SENATE FINANCE 518 APR 02 FRIDAY 3:30 PM **RESCHEDULED FROM 4/1 UNIVERSITY OF ALASKA BUDGET CLOSEOUT 1993-04-01 Senate Journal Page 1058 SPECIAL COMMITTEES SPECIAL COMMITTEE ON OIL AND GAS BUTROVICH ROOM 205 APR 01 THURSDAY 5:00 PM TELECONFERENCE BILLS PREVIOUSLY HEARD APR 06 TUESDAY 5:00 PM BILLS PREVIOUSLY HEARD APR 08 THURSDAY 5:00 PM BILLS PREVIOUSLY HEARD JOINT COMMITTEES SELECT CMTE ON LEGISLATIVE ETHICS BUTROVICH ROOM 205 APR 15 THURSDAY 1:00 PM ****NOTE DATE CHANGE TO 4/15 REVIEW OF ETHICS CODE; FY 94 BUDGET; HIRING OF COMMITTEE STAFF; DISCUSSION OF PREVIOUS AND NEW MATTERS ---------------------------------------- LEGISLATIVE COUNCIL CAPITOL ROOM 124 APR 01 THURSDAY 5:00 PM **LOCATION CHANGE TO CAPITOL ROOM 124