Legislature(1993 - 1994)
1993-04-02 Senate Journal
Full Journal pdf1993-04-02 Senate Journal Page 1059 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Friday April 2, 1993 Eighty-second Day Pursuant to adjournment the Senate was called to order by President Halford at 11:13 a.m. The roll showed sixteen members present. Senators Ellis, Little, Pearce, Rieger were absent. The prayer was offered by the Chaplain, Ellen Northup, Executive Director of the Glory Hole. Senator Taylor led the Senate in the pledge of allegiance. The presence of Senator Pearce was noted. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the eighty-first legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE GOVERNOR SJR 19 Message of April 1 was read, stating the Governor signed the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1059 1993-04-02 Senate Journal Page 1060 SJR 19 CS FOR SENATE JOINT RESOLUTION NO. 19(RLS) Requesting the United States Air Force to rename Shemya Air Force Base to Eareckson Air Force Base. Legislative Resolve No. 8 HCR 10 Message of April 1 was read, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE CONCURRENT RESOLUTION NO. 10(HES) am Relating to allowing the state the right to determine and impose sanctions on motor vehicle drivers. Legislative Resolve No. 9 MESSAGES FROM THE HOUSE Message of April 1 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 69 CS FOR HOUSE BILL NO. 69(FIN) by the HOUSE FINANCE COMMITTEE, entitled: "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." was read the first time and referred to the Judiciary and Finance Committees. 1993-04-02 Senate Journal Page 1061 COMMUNICATIONS The following report was received and is on file in the Office of the Secretary of the Senate: Small Noncrude Oil Terminal Report from John A. Sandor, Commissioner, Department of Environmental Conservation referencing AS 46.04.050, Oil Discharge Prevention and Contingency Plans STANDING COMMITTEE REPORTS SJR 25 The Community and Regional Affairs Committee considered SENATE JOINT RESOLUTION NO. 25 Urging the federal government to recognize the dire water and sanitation conditions in rural Alaska and to become a full partner with this state in improving this health-threatening situation, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 25(CRA) Signing do pass: Senator Phillips, Chair, Senators Taylor, Leman, Zharoff, Adams. Previous zero fiscal note applies to the committee substitute. SENATE JOINT RESOLUTION NO. 25 was referred to the Health, Education and Social Services Committee. SB 67 The Judiciary Committee considered SENATE BILL NO. 67 "An Act amending provisions of ch. 66, SLA 1991, that relate to reconstitution of the corpus of the mental health trust, the management of trust assets, and to the manner of enforcement of the obligation to compensate the trust; and providing for an effective date" and recommended it be replaced with 1993-04-02 Senate Journal Page 1062 SB 67 CS FOR SENATE BILL NO. 67(JUD), entitled: "An Act amending provisions of ch. 66, SLA 1991, that relate to reconstitution of the corpus of the mental health trust, the management of trust assets, and to the manner of enforcement of the obligation to compensate the trust; relating to survey requirements applicable to the land to be conveyed by the state to the Alaska Mental Health Trust Authority; relating to the jurisdiction of courts in the resolution of disputes arising under the reconstitution of the corpus of the mental health trust; and providing for an effective date." Signing no recommendation: Senator Taylor, Chair, Senators Jacko, Halford. Signing do pass: Senator Little. Fiscal note from Department of Natural Resources and zero fiscal note from Department of Law for the committee substitute published today. SENATE BILL NO. 67 was referred to the Finance Committee. The presence of Senators Ellis, Little, Rieger was noted. SB 148 The Transportation Committee considered SENATE BILL NO. 148 "An Act relating to the Alaska Railroad Corporation; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 148(TRA), entitled: "An Act relating to legislative approval of certain acts of the Alaska Railroad Corporation; taxation of certain property of the Alaska Railroad Corporation; members of the board and chief executive officer of the Alaska Railroad Corporation; meetings of the board of directors of the Alaska Railroad Corporation; and providing for an effective date." Signing do pass if amended: Senator Sharp, Chair, Senator Phillips. Signing no recommendation: Senators Kelly, Lincoln. 1993-04-02 Senate Journal Page 1063 SB 148 Zero fiscal note for the bill and the committee substitute published today from Senate Transportation Committee. SENATE BILL NO. 148 was referred to the Finance Committee. SB 153 The Resources Committee considered SENATE BILL NO. 153 "An Act relating to the exchange of certain fish for seafood products, custom processing of certain fish, and use of certain fish for charitable purposes" and recommended it be replaced with CS FOR SENATE BILL NO. 153(RES) and further attaches a Resources Committee Letter of Intent. Signing no recommendation: Senator Miller, Chair, Senators Leman, Donley. Signing do pass: Senator Pearce. Letter of Intent for CS for SB 153(RES) It is the intent of the legislature that the Board of Fish consider regulations regarding export limitations and a definition of possession limit with regard to this issue. It is the intent of the legislature that this be considered at the next regularly scheduled meeting of the Board. Fiscal note from Department of Environmental Conservation and zero fiscal note from Department of Fish and Game for the bill and the committee substitute published today. SENATE BILL NO. 153 was referred to the Finance Committee. SB 86 The Rules Committee considered SENATE BILL NO. 86 "An Act relating to funds transfers under the Uniform Commercial Code; changing Alaska Rule of Civil Procedure 82; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senators Rieger, Halford. Signing no recommendation: Senator Little. 1993-04-02 Senate Journal Page 1064 SB 86 SENATE BILL NO. 86 is on today's calendar. SB 156 The Rules Committee considered SENATE BILL NO. 156 "An Act amending the definition of `municipality' for purposes of the human services community matching grant program." Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger. Signing no recommendation: Senator Little. SENATE BILL NO. 156 is on today's calendar. SPECIAL COMMITTEE REPORTS SB 134 The Senate Special Committee on Oil and Gas considered SENATE BILL NO. 134 "An Act establishing credits for purchasers of state royalty oil for expenditures made by those purchasers on qualifying capital investments to be applied against liquidated purchase arrearages established in contracts, settlements, or final judgments; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 134(O&G), entitled: "An Act establishing credits for purchasers of state royalty oil for expenditures made by those purchasers on qualifying capital investments to be applied against liquidated purchase arrearages established in contracts, settlements, or final judgments, and directing the deposit into the Alaska permanent fund and the general fund of the portion of the liquidated purchase arrearage that must be paid in cash in order to obtain the credit; and providing for an effective date." Signing no recommendation: Senator Leman, Chair, Senators Sharp, Halford, Salo. Signing do not pass - cut budget and give away our dollars, bad politics: Senator Adams. 1993-04-02 Senate Journal Page 1065 SB 134 Indeterminate fiscal note for the bill published today from Department of Natural Resources. Indeterminate fiscal note for the committee substitute published today from Department of Natural Resources. SENATE BILL NO. 134 was referred to the Labor and Commerce Committee. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 183 SENATE BILL NO. 183 by the SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act making special appropriations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects; and providing for an effective date." was read the first time and referred to the Resources, Judiciary and Finance Committees. Governor's transmittal letter dated April 2: Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that provides for special appropriations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects. The state and federal governments each received $50,000,000 in restitution as a result of the plea agreement and judgment entered in the criminal case filed by the United States against the Exxon defendants arising out of the Exxon Valdez oil spill. United States v. Exxon Shipping Company and Exxon Corporation, A90-015 CR. The restitution money paid to the state was placed in a separate fund, established by the Department of Revenue, named the Exxon Valdez Oil Spill Restoration Fund. Under the terms of that final judgment, the restitution money is required to be used exclusively for restoration projects, within the State of Alaska, relating to the 1993-04-02 Senate Journal Page 1066 SB 183 Exxon Valdez oil spill. Under the judgment, restoration is defined as including restoration, replacement, and enhancement of affected resources; acquisition of equivalent resources and services; and long- term environmental monitoring and research programs directed to the prevention, containment, cleanup, and amelioration of oil spills. This restitution money is in addition to the $900,000,000 civil settlement entered into between the state, the United States, and Exxon in October 1991, which established a joint trust fund for restoration and provided for certain reimbursements. Sections 2 - 12 of the bill would appropriate a total of $50,000,000 plus interest earned on the criminal case restitution payment since it was received by the state. Section 2 appropriates $12,500,000 to the Department of Administration for payment as a grant to the City of Seward for the development of the Alaska Sea Life Center. This center would serve as a recreation and marine mammal rehabilitation center and as a center for education and research related to the natural resources injured by the Exxon Valdez oil spill and to the prevention and amelioration of marine oil spills. Section 3 appropriates $7,000,000 to the Department of Natural Resources (DNR) to purchase certain holdings inside the Kachemak Bay State Park. A total of $22,000,000 is needed for the purchase under the agreement entered into in March 1993 between the state, the Seldovia Native Association, Cook Inlet Region, Inc., and the Timber Trading Company. The appropriation in sec. 3 of the bill is one of three sources of funds required to finance the purchase. The state and federal trustees have committed to contribute $7,500,000 from the joint trust fund established by the Exxon Civil Settlement. Another $7,500,000 is due as a result of the settlement of the oil spill litigation between the state and federal governments and the Alyeska defendants in November 1992. This latter amount is not addressed in this bill. Section 4 appropriates $500,000 to DNR to construct a Kachemak Bay State Park visitors center. Section 5 appropriates $3,250,000 from the restitution payment to the Department of Fish and Game to develop a shellfish hatchery and 1993-04-02 Senate Journal Page 1067 SB 183 technical center. This project will assist in the restoration of shellfish resources and subsistence services affected by the oil spill and will provide technical support to the efforts of many individuals and firms that have been attempting to develop a mariculture industry in the area impacted by the oil spill. Section 6 appropriates $4,000,000 to the Department of Fish and Game to construct a water delivery system connecting the Anchorage Municipal Water Utility with the Fort Richardson hatchery. The integration of these facilities will enhance sport fishing services lost or diminished as a result of the Exxon Valdez oil spill. Section 7 appropriates $4,750,000, plus interest accrued on the restitution payment, to DNR to construct or acquire recreational amenities such as cabins, trails, mooring buoys, and floating docks. Section 8 appropriates $3,000,000 to the Department of Fish and Game to undertake restoration and enhancement projects within the Kenai River watershed to help protect commercial and sport fish species injured by the Exxon Valdez oil spill. Section 9 appropriates $2,000,000 to the Department of Commerce and Economic Development for payment as a grant to the Prince William Sound Aquaculture Corporation to upgrade the Main Bay hatchery. Recent damage assessment information suggests that the injury to commercial salmon species in Prince William Sound may be more extensive than originally thought. This project will help to restore or replace commercial and sport fishing resources lost as a result of the Exxon Valdez oil spill. Section 10 appropriates $3,000,000 to the University of Alaska, Fairbanks, Fishery Industrial Technology Center for design and construction of an addition to the existing research facility that would facilitate long-term environmental monitoring and restoration work in the area affected by the oil spill. Section 11 appropriates $5,000,000 to the Department of Community and Regional Affairs for payment as grants to unincorporated rural communities to assist in restoration, replacement, and enhancement of subsistence resources or services injured or lost as a result of the Exxon Valdez oil spill. This appropriation will allow the state 1993-04-02 Senate Journal Page 1068 SB 183 trustees and the local villages and communities to work together to develop local projects designed to deal with specific dislocations and injuries caused by the spill. Section 12 appropriates $5,000,000 to the Department of Environmental Conservation to enter into contracts for research programs directed to the prevention, containment, cleanup, or amelioration of oil spills in the state. The Exxon Civil Settlement also requires reimbursement of certain state damage assessment, response, and litigation costs incurred as a result of the Exxon Valdez oil spill. Section 13 of the bill appropriates, to the Department of Transportation and Public Facilities, $20,000,000 of the estimated reimbursements due to be paid to the state on September 1, 1993. Of the $20,000,000 appropriation, $15,000,000 is for the construction of a road to Whittier and $5,000,000 is for the design and construction of an oil spill response assistance ferry. The goal of these projects is to increase the ability to respond to oil spills in Prince William Sound by providing road access to Whittier, a logical staging area in the event of a future spill in Prince William Sound, and by providing a specially fitted vessel for use by the state in response actions. Although there are no legal restrictions on the use of the reimbursements made under the Exxon Civil Settlement, it is the view of this Administration, after consultation with the legislative leadership, that it would be appropriate to invest that money in oil spill preparedness and in enhancing access to Prince William Sound for recreational users of all types. The purpose of this bill is to fund projects and programs that will assist in the restoration of resources or services lost or injured as a result of the Exxon Valdez oil spill, to support long-term environmental monitoring of such resources, and to enhance access to the recreational resources that remain abundant in the area impacted by the spill. The bill also will support projects and programs that will promote oil spill preparedness and response capability. I believe that the projects and programs in secs. 2 - 12 of the bill are consistent with the purposes set out in the federal court's restitution order in the Exxon criminal case and that the passage of 1993-04-02 Senate Journal Page 1069 SB 183 this bill would be a prudent use of the restitution money. Although the money is the subject of a special restoration charge from the court, that purpose, quite frankly, mirrors the objectives of this Administration and, I believe, of most Alaskans. We have just observed the fourth anniversary of an environmental calamity that has affected all of our lives. I believe that it is time for specific, properly focused restoration work to commence. I urge you to pass this bill this session. Sincerely, /s/ Walter J. Hickel Governor CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 86 SENATE BILL NO. 86 "An Act relating to funds transfers under the Uniform Commercial Code; changing Alaska Rule of Civil Procedure 82; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 86 be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 86 was read the third time. The question being: "Shall SENATE BILL NO. 86 "An Act relating to funds transfers under the Uniform Commercial Code; changing Alaska Rule of Civil Procedure 82; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1993-04-02 Senate Journal Page 1070 SB 86 SB 86 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, SENATE BILL NO. 86 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 effective date clause. 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 Court Rule changes. Without objection, it was so ordered. SENATE BILL NO. 86 was referred to the Secretary for engrossment. SB 156 SENATE BILL NO. 156 "An Act amending the definition of `municipality' for purposes of the human services community matching grant program" was read the second time. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 156 be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall SENATE BILL NO. 156 be advanced to third reading?" The roll was taken with the following result: 1993-04-02 Senate Journal Page 1071 SB 156 SB 156 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, SENATE BILL NO. 156 failed to advance to third reading. THIRD READING OF SENATE BILLS SB 100 CS FOR SENATE BILL NO. 100(FIN) am "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" was read the third time. Senator Ellis offered the following Letter of Intent: Letter of Intent for CS for SB 100(FIN) It is the intent of the Legislature that the grant monies appropriated in Section 1 for the purpose of A.N.W.R. lobbying not be expended until matched on a 50/50 basis by Arctic Power, Inc. The Legislature further requires submission to and approval by the Legislative Council of a plan for the use of these public dollars as well as a final report to the Legislature stating the results of these expenditures. 1993-04-02 Senate Journal Page 1072 SB 100 Senator Ellis moved that the Letter of Intent be adopted. Senators Pearce and Kelly objected. Senator Ellis moved and asked unanimous consent that his motion be withdrawn. Without objection, it was so ordered. Senator Frank moved and asked unanimous consent that the Senate Finance Committee Letter of Intent offered on page 1001 be adopted. Senator Duncan objected, then withdrew his objection. There being no further objections, the Senate Letter of Intent was adopted. Senator Ellis moved that his Letter of Intent offered on page 1071 be adopted. Senator Pearce objected. Senator Taylor called the Senate. The call was satisfied. Senator Ellis moved and asked unanimous consent that his motion to adopt his Letter of Intent be withdrawn. Without objection, it was so ordered. Senator Ellis offered the following new Letter of Intent: Letter of Intent for CS for SB 100(FIN) It is the intent of the Legislature that the grant monies appropriated in Section 1 for the purpose of A.N.W.R. lobbying not be expended until Arctic Power, Inc. matches the appropriation with at least 50 percent of the total project cost. The Legislature further requires submission to and approval by the Legislative Budget and Audit Committee of a plan for the use of these public dollars as well as a final report to the Legislature stating the results of these expenditures. Senator Ellis moved for the adoption of the new Letter of Intent. 1993-04-02 Senate Journal Page 1073 SB 100 Senator Pearce objected. The question being: "Shall the new Letter of Intent be adopted?" The roll was taken with the following result: CSSB 100(FIN) AM Third Reading - Final Passage Effective Date Adopt Ellis Letter of Intent No. 2? 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, the new Letter of Intent failed to be adopted. The Senate returned to Reports of Standing Committees: STANDING COMMITTEE REPORTS SB 76 The Judiciary Committee considered SENATE BILL NO. 76 "An Act preventing persons with felony convictions from being involved in charitable gaming activities as a permittee, licensee, or employee in a managerial or supervisory capacity; and relating to `political uses' and `political organizations' as those terms are used in the charitable gaming statutes" and recommended it be replaced with CS FOR SENATE BILL NO. 76(JUD), entitled: "An Act requiring regulations relating to pull-tabs adopted by the Department of Commerce and Economic Development to be consistent with the North American Gaming Regulators Association standards on pull-tabs; allowing permittees to contract with vendors to sell pull-tabs on behalf of the permittee; restricting the purchase of pull-tabs by 1993-04-02 Senate Journal Page 1074 SB 76 certain persons; requiring the sale of pull-tabs by vendors to be solely by a pull-tab ticket dispensing machine; requiring receipts before certain prizes may be paid; prohibiting distributors from supplying pull- tabs to vendors; relating to registration of vendors; requiring the licensing of out-of-state manufacturers; allowing public or nonprofit broadcasting stations to sell pull-tabs at more than one location; preventing persons with certain convictions from being involved in charitable gaming activities as a permittee, licensee, vendor, person responsible for an activity, fund raiser or consultant of a licensee, or employee in a managerial or supervisory capacity and providing exceptions for certain persons whose convictions are at least 10 years old; relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring Department of Commerce and Economic Development approval of contracts between charitable gaming permittees and operators before gaming may occur; limiting the amount of authorized expenses to a percentage of adjusted gross income for a charitable gaming activity; relating to the reporting and payment of a percentage of the adjusted gross income by operators to permittees; requiring Department of Commerce and Economic Development approval of contracts between permittees and operators; allowing the commissioner of commerce and economic development to issue orders prohibiting violations of state gaming laws; relating to the authority of the commissioner of commerce and economic development to suspend or revoke a permit, license, or registration; relating to the uses to which charitable gaming proceeds may be put; relating to `political uses' and `political organizations' as those 1993-04-02 Senate Journal Page 1075 SB 76 terms are used in the charitable gaming statutes; and providing for an effective date." Signing do pass: Senator Taylor, Chair, Senator Halford. Signing no recommendation: Senator Jacko. Signing no recommendation - need to see final CS; CS adopted only conceptually; must have Finance hearing: Senator Donley. Signing do not pass: Senator Little. The Committee recommended it have a further referral to the Finance Committee. Fiscal note for the committee substitute published today from Department of Commerce and Economic Development. President Halford added a Finance Committee referral. SENATE BILL NO. 76 was referred to the Finance Committee. The Senate returned to: CONSIDERATION OF THE CALENDAR SB 100 Senator Duncan moved that the following Second Senate Finance Committee Letter of Intent be adopted: Second Finance Committee Letter of Intent for CSSB 100(FIN) am It is the intent of the Legislature that the appropriation for $391,000 set out in Sec. 38 of CSSB 100(FIN) be utilized solely for the retention of those employees, primarily in the Division of Lands, who received layoff notices on or about March 26, 1993. Senate Finance heard testimony that the department needed $391,000 for personal services to retain 31 employees working on the State Land Selection Project through the remainder of this fiscal year. 1993-04-02 Senate Journal Page 1076 SB 100 The question being: "Shall the Second Senate Finance Committee Letter of Intent be adopted?" The roll was taken with the following result: CSSB 100(FIN) AM Third Reading - Final Passage Effective Date Adopt 2d Finance Letter of Intent? YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor and so, the Second Senate Finance Committee Letter of Intent failed to be adopted. Senator Duncan moved that CS FOR SENATE BILL NO. 100(FIN) am be returned to second reading for the purpose of rescinding action in failing to adopt Amendment No. 12 (page 1042). Senator Taylor objected. The question being: "Shall CS FOR SENATE BILL NO. 100(FIN) am be returned to second reading for the purpose of rescinding action in failing to adopt Amendment No. 12?" The roll was taken with the following result: 1993-04-02 Senate Journal Page 1077 SB 100 CSSB 100(FIN) AM Return to second reading? YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Phillips, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor and so, CS FOR SENATE BILL NO. 100(FIN) am failed to be returned to second reading. Senator Lincoln rose to a point of order. President Halford stated the first roll call would be voided and a second roll call vote would be taken. The question being: "Shall CS FOR SENATE BILL NO. 100(FIN) am "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" pass the Senate?" The roll was taken with the following result: CSSB 100(FIN) AM Third Reading - Final Passage 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 passed the Senate with a Senate Letter of Intent. 1993-04-02 Senate Journal Page 1078 SB 100 Senator Taylor moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 100(FIN) AM 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. Senator Duncan gave notice of reconsideration. CITATIONS Honoring - Mustangs Hockey Association Blue Devils 1993 Squirt Tier II State Champions by Senator(s) Phillips, Halford, Duncan, Leman, Donley, Rieger Representative(s) Willis, Kott, Carney Honoring - Anchorage Community Mental Health Services Compeer Program Senator(s) Ellis, Pearce, Duncan, Leman, Zharoff, Little, Salo, Donley, Adams, Phillips, Rieger 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. 1993-04-02 Senate Journal Page 1079 UNFINISHED BUSINESS SB 149 The reconsideration on 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" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. SB 112 The reconsideration on 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" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. SJR 25 Senator Rieger, Chair, moved and asked unanimous consent that the Health, Education and Social Services Committee referral be waived on SENATE JOINT RESOLUTION NO. 25 Urging the federal government to recognize the dire water and sanitation conditions in rural Alaska and to become a full partner with this state in improving this health-threatening situation. Without objection, it was so ordered. SENATE JOINT RESOLUTION NO. 25 was referred to the Rules Committee. Senator Zharoff moved and asked unanimous consent that he be excused from the Senate, not subject to a call, May 15 - 31 and June 20 - July 20. Senators Kelly, Pearce objected. Senator Zharoff moved and asked unanimous consent that his motion be withdrawn. Without objection, it was so ordered. 1993-04-02 Senate Journal Page 1080 Senator Rieger moved and asked unanimous consent that he be excused from a call of the Senate to morning plane time April 5. Without objection, Senator Rieger was excused. ANNOUNCEMENTS SB 76 Senator Pearce, Chair, moved and asked unanimous consent that Uniform Rule 23 be waived on SENATE BILL NO. 76 "An Act preventing persons with felony convictions from being involved in charitable gaming activities as a permittee, licensee, or employee in a managerial or supervisory capacity; and relating to `political uses' and `political organizations' as those terms are used in the charitable gaming statutes" for the Finance Committee meeting on April 7. Without objection, it was so ordered. Announcements are at the end of the journal. ENGROSSMENT SB 86 SENATE BILL NO. 86 "An Act relating to funds transfers under the Uniform Commercial Code; changing Alaska Rule of Civil Procedure 82; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 112 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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1993-04-02 Senate Journal Page 1081 SB 149 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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 5, 1993. Without objection, the Senate adjourned at 1:26 p.m. Nancy Quinto Secretary of the Senate April 1993 1993-04-02 Senate Journal Page 1082 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 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 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 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 1993-04-02 Senate Journal Page 1083 FINANCE CONTINUED 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 SB 153 EXCHANGE OF RAW FISH FOR SEAFOOD PRODUCT 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 SB 76 CHARITABLE GAMING RESTRICTIONS <PUBLIC HEARING NOTICE WAIVED> BILLS PREVIOUSLY HEARD 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 1:45 PM *****NOTE TIME CHANGE SB 65 CENTRALIZED CORRESPONDENCE STUDY BILLS PREVIOUSLY HEARD 1993-04-02 Senate Journal Page 1084 HEALTH, EDUCATION & SOCIAL SERVICES CONTINUED 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 BELTZ ROOM 211 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 1993-04-02 Senate Journal Page 1085 JUDICIARY CONTINUED 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 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 ---------------------------------------- 1993-04-02 Senate Journal Page 1086 RULES FAHRENKAMP ROOM 203 APR 02 FRIDAY 1:30 PM ..TO MEET UPON ADJOURNMENT ---------------------------------------- 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 SB 161 INTEREST RATES: JUDGMENTS/TAXES/ROYALTIES APR 09 FRIDAY 9:00 AM NO MEETING SCHEDULED APR 12 MONDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 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 1993-04-02 Senate Journal Page 1087 FINANCE SUBCOMMITTEES COMMERCE & ECONOMIC DEVELOPMENT FAHRENKAMP ROOM 203 APR 02 FRIDAY 4:00 PM SUBCOMMITTEE BUDGET CLOSEOUT ---------------------------------------- COMMUNITY & REGIONAL AFFAIRS FAHRENKAMP ROOM 203 APR 02 FRIDAY 8:00 AM DEPARTMENTAL BUDGET CLOSEOUT ---------------------------------------- FISH AND GAME FAHRENKAMP ROOM 203 APR 02 FRIDAY 3:00 PM SUBCOMMITTEE 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 ---------------------------------------- PUBLIC SAFETY SENATE FINANCE 518 APR 02 FRIDAY 4:30 PM SUBCOMMITTEE BUDGET CLOSEOUT ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES BELTZ ROOM 211 APR 02 FRIDAY 3:30 PM DOT/PF BUDGET CLOSEOUT ---------------------------------------- 1993-04-02 Senate Journal Page 1088 FINANCE SUBCOMMITTEES CONTINUED UNIVERSITY OF ALASKA SENATE FINANCE 518 APR 02 FRIDAY 3:30 PM **RESCHEDULED FROM 4/1 UNIVERSITY OF ALASKA BUDGET CLOSEOUT SPECIAL COMMITTEES SPECIAL COMMITTEE ON OIL AND GAS BUTROVICH ROOM 205 APR 06 TUESDAY 5:00 PM BILLS PREVIOUSLY HEARD APR 08 THURSDAY 5:00 PM BILLS PREVIOUSLY HEARD JOINT COMMITTEES SELECT Committee 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