Legislature(1993 - 1994)
1993-04-30 Senate Journal
Full Journal pdf1993-04-30 Senate Journal Page 1961 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Friday April 30, 1993 One Hundred Tenth Day Pursuant to adjournment the Senate was called to order by President Halford at 2:22 p.m. The roll showed seventeen members present. Senators Donley, Ellis, Salo were absent. The prayer was offered by the Chaplain, Senator Halford. Senator Taylor moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Thank You, God, for the lessons we learn from each other. For the lump in our throat when we hear the national anthem; for the butterflies in our hearts when we watch our children; for the clean air, clean water and the clean land that surrounds us. Make us worthy of it all. Amen. Senator Taylor 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 Ellis, Donley, Salo was noted. 1961 1993-04-30 Senate Journal Page 1962 Senator Duncan announced a minority caucus. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 2:26 p.m. AFTER RECESS The Senate reconvened at 2:46 p.m. MESSAGES FROM THE GOVERNOR SJR 25 Message of April 29 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: CS FOR SENATE JOINT RESOLUTION NO. 25(CRA) am 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. Legislative Resolve No. 12 MESSAGES FROM THE HOUSE SB 149 Message of April 27 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 149(FIN) with the following amendment: 1993-04-30 Senate Journal Page 1963 SB 149 HOUSE CS FOR CS FOR SENATE BILL NO. 149(JUD) "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." 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. 149(FIN)?" The roll was taken with the following result: HCS CSSB 149(JUD) Shall the Senate concur in House amendment to CSSB 149(FIN)? Effective Date YEAS: 16 NAYS: 1 EXCUSED: 0 ABSENT: 3 Yeas: Adams, Donley, Duncan, Frank, Halford, Kelly, Kerttula, Leman, Lincoln, Little, Pearce, Phillips, Salo, Sharp, Taylor, Zharoff Nays: Ellis Absent: Jacko, Miller, Rieger and so, the Senate concurred in the House amendment, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 149(JUD) "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." 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. Senator Duncan objected. 1993-04-30 Senate Journal Page 1964 SB 149 Senator Duncan called the Senate. The question being: "Shall the Court Rule changes to HOUSE CS FOR CS FOR SENATE BILL NO. 149(JUD) be adopted?" The roll was taken with the following result: HCS CSSB 149(JUD) Adopt Court Rule YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Ellis and so, the Court Rule changes were adopted. 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. The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 149(JUD) was referred to the Secretary for enrollment. SB 100 Message of April 27 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 100(FIN) am with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 100(FIN) am H 1993-04-30 Senate Journal Page 1965 SB 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." Senator Taylor moved that the Senate concur in the House amendments and recommended the body vote no. The question being: "Shall the Senate concur in the House amendments to CS FOR SENATE BILL NO. 100(FIN) am?" The roll was taken with the following result: HCS CSSB 100(FIN) AM H Shall the Senate concur in House amendments to CSSB 100(FIN) AM? YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Lincoln, Little, Salo Nays: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Zharoff changed from "Yea" to "Nay". and so, the Senate failed to concur. Senator Kelly moved that the Senate rescind its previous action in failing to concur in the House amendments to CS FOR SENATE BILL NO. 100(FIN) am and recommended the body vote no. Senator Kelly called the Senate. The call was satisfied. 1993-04-30 Senate Journal Page 1966 SB 100 The question being: "Shall the Senate rescind its previous action in failing to concur in the House amendments to CS FOR SENATE BILL NO. 100(FIN) am?" The roll was taken with the following result: HCS CSSB 100(FIN) AM H Shall the Senate concur in House amendments to CSSB 100(FIN) AM? Shall Senate rescind previous action? YEAS: 4 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Lincoln, Little, Salo Nays: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff and so, the Senate failed to rescind. The Secretary was requested to notify the House of the Senate's action and request the House to recede from its amendments. In the event the House fails to recede, the President appointed a Conference Committee to meet with a like committee to consider the bills: Senator Sharp, Chair Senator Kelly Senator Jacko RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 3:49 p.m. AFTER RECESS The Senate reconvened at 5:48 p.m. 1993-04-30 Senate Journal Page 1967 STANDING COMMITTEE REPORTS SCR 7 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 7 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 76, relating to charitable gaming. Signing to calendar and do pass: Senator Jacko, Chair, Senators Halford, Rieger. SENATE CONCURRENT RESOLUTION NO. 7 is on today's calendar. SCR 8 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 8 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 106, relating to energy projects, programs, and funds. Signing to calendar and do pass: Senator Jacko, Chair, Senators Halford, Rieger. SENATE CONCURRENT RESOLUTION NO. 8 is on today's calendar. SCR 9 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 9 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 126, making special appropriations for energy programs, projects, and funds. Signing to calendar and do pass: Senator Jacko, Chair, Senators Halford, Rieger. SENATE CONCURRENT RESOLUTION NO. 9 is on today's calendar. 1993-04-30 Senate Journal Page 1968 HB 126 The Rules Committee considered 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." Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger. Signing no recommendation: Senator Little. SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 126 is on today's calendar. HB 167 The Rules Committee considered CS FOR HOUSE BILL NO. 167(FIN) "An Act relating to air quality control and the prevention, abatement, and control of air pollution; relating to inspection and enforcement powers of the Department of Environmental Conservation; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger. CS FOR HOUSE BILL NO. 167(FIN) is on today's calendar. HB 181 The Rules Committee considered HOUSE BILL NO. 181 am "An Act relating to the state's right to appeal in criminal cases; relating to sentence appeals; amending Rule 202 of the Alaska Rules of Appellate Procedure; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger. HOUSE BILL NO. 181 am is on today's calendar. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 5:59 p.m. 1993-04-30 Senate Journal Page 1969 AFTER RECESS The Senate reconvened at 10:05 p.m. SB 50 The Finance Committee considered SENATE BILL NO. 50 "An Act making appropriations for capital projects; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 50(FIN) (CS FORTHCOMING) Signing do pass: Senators Frank, Pearce, Cochairs, Senators Rieger, Jacko, Sharp, Kelly. Signing no recommendation: Senator Kerttula. SENATE BILL NO. 50 was referred to the Rules Committee. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 207 SENATE BILL NO. 207 by Senator Kerttula, entitled: "An Act amending and making effective an annuity program and amendments to the longevity bonus program and the permanent fund dividend program provided for in secs. 2 - 18, ch. 99, SLA 1985; and providing for an effective date." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. CONSIDERATION OF THE CALENDAR Senator Taylor moved that the bills above Senate Concurrent Resolution No. 7 on the daily calendar be placed at the bottom of today's calendar after Senate Concurrent Resolution No. 9. 1993-04-30 Senate Journal Page 1970 Senator Duncan objected. Senator Duncan called the Senate. Senator Duncan rose to a point of order citing Uniform Rule 18. President Halford stated the point of order was not well taken. Senator Duncan appealed the ruling of the Chair. The question being: "Shall the ruling of the Chair be upheld?" The roll was taken with the following result: Uphold ruling of the Chair? 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 ruling of the Chair was upheld. Senator Donley rose to a point of order. President Halford stated the point of order was not well taken. The question being: "Shall the bills above Senate Concurrent Resolution No. 7 be held to the bottom of the calendar?" The roll was taken with the following result: Hold items to bottom of calendar? 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 1993-04-30 Senate Journal Page 1971 and so, the motion passed. SECOND READING OF SENATE RESOLUTIONS SCR 7 SENATE CONCURRENT RESOLUTION NO. 7 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 76, relating to charitable gaming, was read the second time. SENATE CONCURRENT RESOLUTION NO. 7 was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 7 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 76, relating to charitable gaming, pass the Senate?" The roll was taken with the following result: SCR 7 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, SENATE CONCURRENT RESOLUTION NO. 7 failed. 1993-04-30 Senate Journal Page 1972 SCR 8 SENATE CONCURRENT RESOLUTION NO. 8 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 106, relating to energy projects, programs, and funds, was read the second time. SENATE CONCURRENT RESOLUTION NO. 8 was before the Senate on final passage. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 8 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 106, relating to energy projects, programs, and funds, pass the Senate?" The roll was taken with the following result: SCR 8 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, SENATE CONCURRENT RESOLUTION NO. 8 failed. SCR 9 SENATE CONCURRENT RESOLUTION NO. 9 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 126, making special appropriations for energy programs, projects, and funds, was read the second time. SENATE CONCURRENT RESOLUTION NO. 9 was before the Senate on final passage. 1993-04-30 Senate Journal Page 1973 SCR 9 The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 9 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 126, making special appropriations for energy programs, projects, and funds, pass the Senate?" The roll was taken with the following result: SCR 9 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, SENATE CONCURRENT RESOLUTION NO. 9 failed. SECOND READING OF SENATE BILLS SB 50 SENATE BILL NO. 50 "An Act making appropriations for capital projects; and providing for an effective date" was pending the Rules Committee report and was not available for today's calendar. SECOND READING OF HOUSE BILLS HB 126 Senator Taylor moved and asked unanimous consent that 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" be held to the May 1 calendar. Without objection, it was so ordered. 1993-04-30 Senate Journal Page 1974 HB 167 CS FOR HOUSE BILL NO. 167(FIN) "An Act relating to air quality control and the prevention, abatement, and control of air pollution; relating to inspection and enforcement powers of the Department of Environmental Conservation; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 1863. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 167(JUD) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 167(JUD) was read the second time. Senator Little offered Amendment No. 1 : Page 21, line 9: Delete "may" Insert "shall" Senator Little moved for the adoption of Amendment No. 1. Objections were heard. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 167(JUD) 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 1993-04-30 Senate Journal Page 1975 HB 167 and so, Amendment No. 1 failed. Senator Ellis offered Amendment No. 2 : Page 4, line 9: Delete "Before the department adopts" Insert "If requested by an owner or operator whose facility would be affected by" Page 4, line 23, after "reports,": Insert "if any," Senator Ellis moved for the adoption of Amendment No. 2. Senator Miller objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 167(JUD) Second Reading Amendment No. 2 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Leman, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 2 failed. Senator Leman offered Amendment No. 3 : Page 42, line 21, after "REGULATIONS.": Insert "(a)" 1993-04-30 Senate Journal Page 1976 HB 167 Page 42, after line 24: Insert a new subsection to read: "(b) Notwithstanding AS46.14.010 - 46.14.015, added by sec.2 of this Act, and notwithstanding any other provision of this Act, a regulation in effect on the effective date of this section that regulates a facility, source, or air contaminant more strictly than required under 42 U.S.C. 7401 - 7671q (Clean Air Act), as amended, or that regulates a facility, source, or air contaminant that is not required to be regulated under42 U.S.C. 7401 - 7671q (Clean Air Act), as amended, remains in effect and may continue to be implemented and enforced until amended or repealed by the Department of Environmental Conservation. In addition, the department may repeal a regulation that is subject to this subsection and readopt its substance in another regulation without complying with AS46.14.010(b) - (d) or 46.14.015 if, upon readoption, the regulation is neither more stringent nor applicable to more facilities, sources, or air contaminants than it was before being readopted. In this subsection, "air contaminant," "facility," and "source" have the meanings given in AS46.14.990, added by sec.2 of this Act." Senator Leman moved and asked unanimous consent for the adoption of Amendment No. 3. Without objection, Amendment No. 3 was adopted. Senator Ellis offered Amendment No. 4 : Page 13, lines 10-11 after "a": Delete "private, substantive," Senator Ellis moved for the adoption of Amendment No. 4. Senator Miller objected. 1993-04-30 Senate Journal Page 1977 HB 167 The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: SCS CSHB 167(JUD) AM S Second Reading Amendment No. 4 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. 4 failed. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 167(JUD) am S be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 167(JUD) am S be advanced to third reading?" The roll was taken with the following result: SCS CSHB 167(JUD) AM S 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, the bill failed to advance to third reading. 1993-04-30 Senate Journal Page 1978 Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 181 am and CS FOR SENATE BILL NO. 89(FIN) be held to the May 1 calendar. Senator Donley objected, then withdrew his objection. There being no further objections, it was so ordered. HB 181 HOUSE BILL NO. 181 am "An Act relating to the state's right to appeal in criminal cases; relating to sentence appeals; amending Rule 202 of the Alaska Rules of Appellate Procedure; and providing for an effective date" was held to the May 1 calendar. SB 89 CS FOR SENATE BILL NO. 89(FIN) "An Act making appropriations for capital project matching grant programs; and providing for an effective date" was held to the May 1 calendar. THIRD READING OF HOUSE BILLS HB 67 SENATE CS FOR CS FOR HOUSE BILL NO. 67(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 67(FIN) "An Act relating to eligibility for and payments of public assistance; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 67(FIN) 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 1993-04-30 Senate Journal Page 1979 HB 67 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 67(FIN) passed the Senate. Senator Taylor moved the effective date clauses. Senator Duncan objected. Senator Taylor called the Senate. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: SCS CSHB 67(FIN) Effective Dates 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 clauses failed. Senator Ellis gave notice of reconsideration. HB 69 Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 69(FIN) am S "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)" be held to the May 1 calendar. Objections were heard. The question being: "Shall CS FOR HOUSE BILL NO. 69(FIN) am S be held to the May 1 calendar?" The roll was taken with the following result: 1993-04-30 Senate Journal Page 1980 HB 69 CSHB 69(FIN) AM S Third Reading - Final Passage Hold YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Lincoln, Little, Salo, Zharoff and so, the bill was held. HB 81 SENATE CS FOR CS FOR HOUSE BILL NO. 81(RLS) was read the third time. Senator Leman moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 81(RLS) "An Act relating to the longevity bonus program" pass the Senate?" The roll was taken with the following result: SCS CSHB 81(RLS) Third Reading - Final Passage YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Halford, Kerttula, Lincoln, Little, Salo, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 81(RLS) failed. 1993-04-30 Senate Journal Page 1981 HB 81 Senator Kelly gave notice of reconsideration. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 102(L&C), CS FOR HOUSE BILL NO. 116(FIN)(title am), CS FOR HOUSE BILL NO. 151(FIN) and SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 be held to the May 1 calendar. Objections were heard. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 102(L&C), CS FOR HOUSE BILL NO. 116(FIN)(title am), CS FOR HOUSE BILL NO. 151(FIN) and SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 be held to the May 1 calendar?" The roll was taken with the following result: Hold Bills? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Lincoln, Little, Zharoff and so, the bills were held. HB 102 SENATE CS FOR CS FOR HOUSE BILL NO. 102(L&C) "An Act relating to the Alaska Labor Relations Agency; and providing for an effective date" was held to the May 1 calendar. 1993-04-30 Senate Journal Page 1982 HB 116 CS FOR HOUSE BILL NO. 116(FIN)(title am) "An Act amending the manner of determining the royalty received by the state on gas production, and directing the commissioner of natural resources to accept, under certain circumstances, the contract price agreed to between a lessee of federal land and a gas or electric utility as the value of the federal government's royalty share from natural gas production on federal land from which the state is entitled under applicable federal law to receive a share of the royalty on gas production; and providing for an effective date" was held to the May 1 calendar. HB 151 CS FOR HOUSE BILL NO. 151(FIN) "An Act relating to payment by indigent persons for services of representation and court costs; providing for stays of enforcement of a judgment during the pendency of an appeal of a conviction; allowing petitions for remission, reduction, or deferral of judgment; permitting a court to remit or reduce a judgment or to change the method of payment; and providing for an effective date" was held to the May 1 calendar. HB 196 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 "An Act relating to the state employment preference for veterans and prisoners of war" was held to the May 1 calendar. HB 213 SENATE CS FOR CS FOR HOUSE BILL NO. 213(RES) was read the third time. 1993-04-30 Senate Journal Page 1983 HB 213 The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 213(RES) "An Act prohibiting the commissioner of natural resources from permanently classifying state land, water, or land and water so that mining, mineral entry and location, mineral prospecting, and mineral leasing are precluded or are designated an incompatible use without an act of the legislature if the area involved contains more than 640 contiguous acres except in certain situations; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 213(RES) 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, SENATE CS FOR CS FOR HOUSE BILL NO. 213(RES) passed the Senate. 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: SCS CSHB 213(RES) Effective Date YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor 1993-04-30 Senate Journal Page 1984 HB 213 Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the effective date failed. Senator Duncan gave notice of reconsideration. HB 236 CS FOR HOUSE BILL NO. 236(RLS) am was read the third time. Senator Rieger moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard. The question being: "Shall CS FOR HOUSE BILL NO. 236(RLS) am "An Act relating to notices for the sale of certain real property" pass the Senate?" The roll was taken with the following result: CSHB 236(RLS) AM Third Reading - Final Passage YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Lincoln, Salo, Zharoff Duncan changed from "Yea" to "Nay". and so, CS FOR HOUSE BILL NO. 236(RLS) am passed the Senate. Senator Ellis gave notice of reconsideration. 1993-04-30 Senate Journal Page 1985 UNFINISHED BUSINESS SB 150 Senator Taylor requested that the reconsideration on CS FOR SENATE BILL NO. 150(FIN) am be taken up. SENATE BILLS IN THIRD READING SB 150 CS FOR SENATE BILL NO. 150(FIN) am "An Act relating to the exploration and production of oil and gas and related hydrocarbons, to oil and gas exploration licenses and to oil and gas leases in certain areas of the state, and to the proof of financial responsibility required for the operation of facilities for the production of crude oil and associated hydrocarbons and facilities for exploration for oil and gas and related hydrocarbons; and extending the period in which a sale on the five-year oil and gas lease sale schedule may be delayed; and providing for an effective date" was before the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the bill be held to the May 1 calendar. Without objection, it was so ordered. SB 165 Senator Taylor requested that the reconsideration on CS FOR SENATE BILL NO. 165(FIN) be taken up. SENATE BILLS IN THIRD READING SB 165 CS FOR SENATE BILL NO. 165(FIN) "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; and providing for an effective date" was before the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the bill be held to the May 1 calendar. Without objection, it was so ordered. 1993-04-30 Senate Journal Page 1986 SB 183 Senator Taylor requested that the reconsideration on CS FOR SENATE BILL NO. 183(FIN) be taken up. SENATE BILLS IN THIRD READING SB 183 CS FOR SENATE BILL NO. 183(FIN) "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 before the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the bill be held to the May 1 calendar. Without objection, it was so ordered. HB 64 Senator Taylor requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 64(FIN) am S be taken up at this time. HOUSE BILLS IN THIRD READING HB 64 SENATE CS FOR CS FOR HOUSE BILL NO. 64(FIN) am S "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" was before the Senate in third reading on reconsideration. Senator Taylor moved and asked unanimous consent that the bill be held to the May 1 calendar. Without objection, it was so ordered. 1993-04-30 Senate Journal Page 1987 HB 148 Senator Taylor requested that the reconsideration on HOUSE BILL NO. 148 be taken up at this time. HOUSE BILLS IN THIRD READING HB 148 HOUSE BILL NO. 148 "An Act exempting the University of Alaska from the administrative adjudication provisions of the Administrative Procedure Act; and providing for an effective date" was before the Senate in third reading on reconsideration. Senator Taylor moved and asked unanimous consent that the bill be held to the May 1 calendar. Without objection, it was so ordered. HB 178 Senator Taylor requested that the reconsideration on SENATE CS FOR HOUSE BILL NO. 178(HES) be taken up at this time. HOUSE BILLS IN THIRD READING HB 178 SENATE CS FOR HOUSE BILL NO. 178(HES) "An Act adding children under the age of 21 who are eligible for adoption assistance because of special needs to the optional Medicaid coverage list and revising the order of priority in which groups eligible for optional Medicaid coverage are eliminated; and providing for an effective date" was before the Senate in third reading on reconsideration. Senator Taylor moved and asked unanimous consent that the bill be held to the May 1 calendar. Without objection, it was so ordered. HB 211 Senator Taylor requested that the reconsideration on HOUSE BILL NO. 211 am S be taken up at this time. 1993-04-30 Senate Journal Page 1988 HOUSE BILLS IN THIRD READING HB 211 HOUSE BILL NO. 211 am S "An Act relating to the municipal tax exemption for inventories intended for export" was before the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the bill be held to the May 1 calendar. Without objection, it was so ordered. HB 293 Senator Taylor requested that the reconsideration on SENATE CS FOR HOUSE BILL NO. 293(FIN) be taken up at this time. HOUSE BILLS IN THIRD READING HB 293 SENATE CS FOR HOUSE BILL NO. 293(FIN) "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault" was before the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the bill be held to the May 1 calendar. Without objection, it was so ordered. SB 88 Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 88(FIN) "An Act relating to grants to municipalities, named recipients, and unincorporated communities; establishing capital project matching grant programs for municipalities and unincorporated communities; establishing a local share requirement for capital project grants to municipalities, named recipients, and unincorporated communities; and providing for an effective date" which had been held in third reading on reconsideration (page 1954) be held to the May 1 calendar. Without objection, it was so ordered. 1993-04-30 Senate Journal Page 1989 SB 153 Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 153(RES) "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" which had been held in third reading (page 1954) be held to the May 1 calendar. Without objection, it was so ordered. SB 99 Senator Duncan requested that the reconsideration on CS FOR SENATE BILL NO. 99(FIN) am be taken up. SENATE BILLS IN THIRD READING SB 99 CS FOR SENATE BILL NO. 99(FIN) am "An Act relating to the powers, duties, financial administration, and operations of certain state agencies, including the duration and renewal of licenses issued by the Alcoholic Beverage Control Board, duties of and fees charged by the office of public advocacy, student loan fees, compensation of hunting and fishing license vendors, Department of Labor fees and licensing periods, police standards fees, moving expenses for legislators, motor vehicle registration and insurance and the definition of `vehicle', program receipts accounting, risk management administration, proration of state payments, extensions of state leases, receipt of donations and charging of fees by the Department of Natural Resources, coverage of optional medical services under Medicaid; amending Alaska Rules of Probate Procedure 16(d); and providing for an effective date" was before the Senate on reconsideration. Senator Kelly moved and asked unanimous consent that the reconsideration on the bill be held to the May 1 calendar. Without objection, it was so ordered. 1993-04-30 Senate Journal Page 1990 CITATIONS Honoring - Justice Thomas B. Stewart by Senator(s) Kerttula, Ellis, Adams, Duncan, Pearce, Donley, Kelly, Leman, Zharoff, Phillips, Halford, Taylor, Lincoln Honoring - The Recipients of Alaska State Trooper Bravery and Meritorious Service Commendations - Sgt. Simon Brown, Tpr. John Glick, Tpr. Harold Leichliter, Tpr. John Papasodora, Sgt. Al Schadle, Sgt. Randy Crawford, Tpr. Maurice Hughes, Tpr. Carl Schramm, Tpr. Larry Kuhns, Tpr. Steve Smith, Cpl. Dan Weatherly by Senator(s) Little, Ellis, Adams, Duncan, Pearce, Lincoln, Donley, Kelly, Rieger, Salo, Leman, Zharoff, Halford, Taylor Honoring - Port Lions Girls Volleyball Team by Senator(s) Zharoff, Duncan, Pearce, Lincoln, Leman Honoring - Wilmina "Daisy" Stevens by Senator(s) Lincoln, Adams, Duncan, Pearce, Zharoff Representative(s) Nicholia Honoring - William E."Bill" Stevens by Senator(s) Lincoln, Adams, Duncan, Pearce, Leman, Zharoff Representative(s) Nicholia In Memoriam - William J. Sweetman by Senator(s) Kerttula, Duncan, Pearce, Lincoln, Rieger, Zharoff 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. 1993-04-30 Senate Journal Page 1991 UNFINISHED BUSINESS HB 126 Senator Phillips moved and asked unanimous consent that they be shown as cross sponsors on 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." Without objection, it was so ordered. HB 167 Senators Miller, Leman, Taylor moved and asked unanimous consent that he be shown as a cross sponsor on SENATE CS FOR CS FOR HOUSE BILL NO. 167(JUD) am S "An Act relating to air quality control and the prevention, abatement, and control of air pollution; relating to inspection and enforcement powers of the Department of Environmental Conservation; and providing for an effective date." Without objection, it was so ordered. ANNOUNCEMENTS Announcements are at the end of the journal. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., May 1, 1993. Without objection, the Senate adjourned at 12:03 a.m. Nancy Quinto Secretary of the Senate May 1993 1993-04-30 Senate Journal Page 1992 ANNOUNCEMENTS STANDING COMMITTEES FINANCE SENATE FINANCE 518 APR 30 FRIDAY 0:00 AM ...TO MEET AT CALL OF CHAIR... SB 50 FY 94 CAPITAL BUDGET HB 82 SCHOOL CONSTRUCTION & MAINTENANCE GRANTS HB 109 BLOOD TESTS ON SEX CRIME PERPETRATORS HB 113 CHARITABLE & TELEPHONIC SOLICITING/SALES HB 124 CAPITAL PROJECT GRANTS HB 133 DEFINITION OF VALUE FOR FISHERIES TAX HB 136 DRUNK DRIVING & BREATH TEST OFFENSES HB 158 APPROP: CONTRACT SETTLEMENT COSTS HB 171 MEDICAID COVERAGE FOR HOSPICE CARE HB 179 MOTOR VEHICLE REGISTRATION, FEES, ETC. HB 209 COMMUNITY HEALTH AIDE GRANTS HB 225 NOTICE OF APPROPRIATIONS ON PFD'S HB 235 SPECIAL EDUCATION & RELATED SERVICES HB 249 ELECTRICAL/MECHANICAL TRADESPERSONS HB 252 REFINANCING COMMERCIAL FISHING LOANS HB 264 FISHERY RESOURCE LANDING TAX HB 275 SALMON MARKETING AND ENHANCEMENT TAXES HJR 27 DESECRATION OF U.S. FLAG ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 30 FRIDAY 1:30 PM ********CANCELLED*********** HB 93 VILLAGE PUBLIC SAFETY OFFICERS PROGRAM HCR 7 ALCOHOL-RELATED BIRTH DEFECTS AWARENESS HCR 19 ENCOURAGE SALE OF STATE ROYALTY GAS HB 187 INTERCEPTION OF PRIVATE COMMUNICATIONS ..BILLS PREVIOUSLY HEARD OR SCHEDULED.. HB 97 PARENTAL CARE FOR CHILD IN STATE CUSTODY HB 101 NATIONAL ELECTRICAL CODE HB 73 ANCSA STATE TAX EXEMPTIONS HB 78 TESTIMONY OF MINORS IN CRIMINAL TRIALS HB 160 LIABILITY OF DESIGN/CONSTRUCTION PROS HB 170 EXTEND BOARD OF MARINE PILOTS SB 139 FORFEITURE OF CERTAIN PROPERTY <PENDING REFERRAL> 1993-04-30 Senate Journal Page 1993 JUDICIARY CONTINUED MAY 01 SATURDAY 0:00 AM ...TO MEET AT CALL OF CHAIR... HB 65 FINANCIAL ADMINISTRATION OF STATE GOVT. HB 93 VILLAGE PUBLIC SAFETY OFFICERS PROGRAM HCR 7 ALCOHOL-RELATED BIRTH DEFECTS AWARENESS HCR 19 ENCOURAGE SALE OF STATE ROYALTY GAS HB 187 INTERCEPTION OF PRIVATE COMMUNICATIONS HB 97 PARENTAL CARE FOR CHILD IN STATE CUSTODY HB 101 NATIONAL ELECTRICAL CODE HB 73 ANCSA STATE TAX EXEMPTIONS HB 78 TESTIMONY OF MINORS IN CRIMINAL TRIALS HB 160 LIABILITY OF DESIGN/CONSTRUCTION PROS HB 170 EXTEND BOARD OF MARINE PILOTS HB 139 ASSISTIVE TECHNOLOGY LOAN GUARANTEES <PENDING REFERRAL> ---------------------------------------- RULES FAHRENKAMP ROOM 203 APR 30 FRIDAY 0:00 AM ..TO MEET AT CALL OF THE CHAIR.. HB 283 BOARD OF ARCH/ENGINEERS/SURVEYORS EXT. HB 284 PHYSICAL/OCCUPATIONAL THERAPY BOARDS EXT. JOINT COMMITTEES LEGISLATIVE BUDGET AND AUDIT TO BE ANNOUNCED MAY 11 TUESDAY 0:00 AM END OF SESSION MEETING ..TO BE HELD THE DAY FOLLOWING FINAL ADJOURNMENT OF 1993 LEGISLATIVE SESSION OTHER COMMITTEES MINORITY CAUCUS BELTZ ROOM 211 APR 30 FRIDAY 9:00 AM MINORITY CAUCUS