Legislature(1993 - 1994)
1993-05-09 Senate Journal
Full Journal pdf1993-05-09 Senate Journal Page 2225 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Sunday May 9, 1993 One Hundred Nineteenth Day Pursuant to adjournment the Senate was called to order by President Halford at 2:42 p.m. The roll showed thirteen members present. Senators Adams, Ellis, Kerttula, Miller, Pearce, Rieger, Zharoff were absent. The prayer was offered by the Chaplain, Senator Leman. Senator Kelly led the Senate in the pledge of allegiance. The presence of Senators Zharoff, Miller was noted. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundred eighteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senators Rieger, Adams, Ellis, Kerttula, Pearce was noted. MESSAGES FROM THE HOUSE SB 84 Message of May 8 was read, stating the House passed and returned: 2225 1993-05-09 Senate Journal Page 2226 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." SENATE BILL NO. 84 am was referred to the Secretary for enrollment. SB 49 Message of May 9 was read, stating the House passed and returned for consideration SENATE BILL NO. 49 with the following amendments: HOUSE CS FOR SENATE BILL NO. 49(STA) am H "An Act relating to preelection reports; closing the two-day reporting gap in those reports; setting the date of February 15 for filing year-end campaign finance reports; and requiring reporting of zero year-end reports." Senator Taylor moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments to SENATE BILL NO. 49" The roll was taken with the following result: HCS SB 49(STA) am H Shall the Senate concur in House amendments to SB 49 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 1993-05-09 Senate Journal Page 2227 SB 49 and so, the Senate concurred in the House amendments, thus passing HOUSE CS FOR SENATE BILL NO. 49(STA) am H "An Act relating to preelection reports; closing the two-day reporting gap in those reports; setting the date of February 15 for filing year-end campaign finance reports; and requiring reporting of zero year-end reports." The Secretary was requested to notify the House. HOUSE CS FOR SENATE BILL NO. 49(STA) am H was referred to the Secretary for enrollment. SB 97 Message of May 9 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 97(FIN) am with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 97(FIN) am H "An Act relating to enhanced 911 emergency reporting systems; and providing for an effective date." Senator Taylor moved that the Senate concur in the House amendments. The question being: "Shall the Senate concur in the House amendments to CS FOR SENATE BILL NO. 97(FIN) am?" The roll was taken with the following result: HCS CSSB 97(FIN) am H Shall the Senate concur in House amendments to CSSB 97(FIN) am 1993-05-09 Senate Journal Page 2228 SB 97 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, the Senate concurred in the House amendments, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 97(FIN) am H "An Act relating to enhanced 911 emergency reporting systems; 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 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. 97(FIN) am H was referred to the Secretary for enrollment. HB 81 Message of May 8 was read, stating the House failed to concur in the Senate amendment to CS FOR HOUSE BILL NO. 81(FIN) am and respectfully requests the Senate to recede from its amendment, namely: SENATE CS FOR CS FOR HOUSE BILL NO. 81(RLS) "An Act relating to the longevity bonus program." In the event the Senate fails to recede, the Speaker has appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the bills: Representative Vezey, Chair Representative Olberg Representative Davies 1993-05-09 Senate Journal Page 2229 HB 81 Senator Taylor moved that the Senate recede from its amendment and recommended the body vote no. The question being: "Shall the Senate recede from its amendment to CS FOR HOUSE BILL NO. 81(FIN) am?" The roll was taken with the following result: SCS CSHB 81(RLS) Shall the Senate recede from its amendment thus adopting CSHB 81(FIN) AM YEAS: 0 NAYS: 20 EXCUSED: 0 ABSENT: 0 Nays: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, the Senate failed to recede from its amendment. The Secretary was requested to notify the House. STANDING COMMITTEE REPORTS HCR 7 The Rules Committee considered HOUSE CONCURRENT RESOLUTION NO. 7 Relating to Alcohol-Related Birth Defects Awareness Week. Signing to calendar: Senator Jacko, Chair, Senators Rieger, Halford, Little. HOUSE CONCURRENT RESOLUTION NO. 7 is on today's calendar. HB 93 The Rules Committee considered CS FOR HOUSE BILL NO. 93 (CRA) "An Act relating to the village public safety officers program." Signing to calendar: Senator Jacko, Chair, Senators Rieger, Halford, Little. 1993-05-09 Senate Journal Page 2230 HB 93 CS FOR HOUSE BILL NO. 93(CRA) is on today's calendar. HB 113 The Rules Committee considered CS FOR HOUSE BILL NO. 113(FIN) "An Act regulating the solicitation of contributions by charitable organizations and paid solicitors and the solicitation of sales by telephonic means; and amending Alaska Rules of Civil Procedure 79 and 82." Signing to calendar: Senator Jacko, Chair, Senators Rieger, Halford. Signing no recommendation: Senator Little. CS FOR HOUSE BILL NO. 113(FIN) is on today's calendar. HB 133 The Rules Committee considered HOUSE BILL NO. 133 "An Act amending the definition of `value' for purposes of administration of fisheries taxes; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senators Rieger, Halford. Signing no recommendation: Senator Little. HOUSE BILL NO. 133 is on today's calendar. HB 160 The Rules Committee considered HOUSE BILL NO. 160(title am) "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senators Rieger, Halford. Signing no recommendation: Senator Little. HOUSE BILL NO. 160(title am) is on today's calendar. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 216 SENATE BILL NO. 216 by SENATOR LINCOLN, entitled: 1993-05-09 Senate Journal Page 2231 SB 216 "An Act relating to the sale, display, or distribution of material harmful to minors at places where minors are allowed to be present and where minors are allowed to view such material." was read the first time and referred to the State Affairs, Health, Education and Social Services, and Judiciary Committees. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS HB 93 CS FOR HOUSE BILL NO. 93 (CRA) "An Act relating to the village public safety officers program" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 93(CRA) be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 93(CRA) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 93 (CRA) "An Act relating to the village public safety officers program" pass the Senate?" The roll was taken with the following result: CSHB 93(CRA) Third Reading - Final Passage 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 HOUSE BILL NO. 93(CRA) passed the Senate. 1993-05-09 Senate Journal Page 2232 HB 93 Senator Duncan gave notice of reconsideration. HB 113 CS FOR HOUSE BILL NO. 113(FIN) "An Act regulating the solicitation of contributions by charitable organizations and paid solicitors and the solicitation of sales by telephonic means; and amending Alaska Rules of Civil Procedure 79 and 82" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 113(FIN) be advanced to third reading and placed on final passage. Senator Duncan called the Senate. The call was satisfied. A motion was pending to advance CS FOR HOUSE BILL NO. 113(FIN) to third reading. Senator Adams objected, then withdrew his objection. There being no further objections, the bill was advanced to third reading. CS FOR HOUSE BILL NO. 113(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 113(FIN) "An Act regulating the solicitation of contributions by charitable organizations and paid solicitors and the solicitation of sales by telephonic means; and amending Alaska Rules of Civil Procedure 79 and 82" pass the Senate?" The roll was taken with the following result: CSHB 113(FIN) Third Reading - Final Passage Court Rule change 1993-05-09 Senate Journal Page 2233 HB 113 YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Salo and so, CS FOR HOUSE BILL NO. 113(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 the Court Rule changes. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 113(FIN) was signed by the President and Secretary and returned to the House. HB 133 HOUSE BILL NO. 133 "An Act amending the definition of `value' for purposes of administration of fisheries taxes; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 133 be advanced to third reading and placed on final passage. Senator Adams objected, then withdrew his objection. There being no further objections, the bill was advanced to third reading. HOUSE BILL NO. 133 was read the third time. The question being: "Shall HOUSE BILL NO. 133 "An Act amending the definition of `value' for purposes of administration of fisheries taxes; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 133 Third Reading - Final Passage Effective Date 1993-05-09 Senate Journal Page 2234 HB 133 YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Zharoff Nays: Taylor and so, HOUSE BILL NO. 133 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. HOUSE BILL NO. 133 was signed by the President and Secretary and returned to the House. HB 160 HOUSE BILL NO. 160(title am) "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property; 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 2111. Senator Duncan rose to a point of order citing Uniform Rule 41(b). President Halford ruled the amendment, that being the Judiciary Senate Committee Substitute (page 2111), out of order. Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 160(title am) be removed from the calendar and returned to the Rules Committee. Senator Pearce objected. 1993-05-09 Senate Journal Page 2235 HB 160 The question being: "Shall HOUSE BILL NO. 160(title am) be returned to the Rules Committee?" The roll was taken with the following result: HB 160(TITLE AM) Second Reading Return to Rules Committee? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Halford, Kerttula, Lincoln, Little, Salo, Taylor, Zharoff Nays: Frank, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp and so, the bill was returned to the Rules Committee. HB 252 SENATE CS FOR HOUSE BILL NO. 252(FIN) was read the third time. Senator Adams moved and asked unanimous consent for the adoption of the Finance Letter of Intent offered on page 2087. Without objection, the Senate Letter of Intent was adopted. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 252(FIN) "An Act amending the Commercial Fishing Loan Act to authorize refinancing of existing loans made under that Act" pass the Senate?" The roll was taken with the following result: SCS HB 252(FIN) Third Reading - Final Passage 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 1993-05-09 Senate Journal Page 2236 HB 252 and so, SENATE CS FOR HOUSE BILL NO. 252(FIN) passed the Senate with a Senate Letter of Intent. Senator Duncan 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 10 calendar. Without objection, it was so ordered. HOUSE BILLS IN THIRD READING HB 264 CS FOR HOUSE BILL NO. 264(FIN) which had been held to the May 9 calendar (page 2219) was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR HOUSE BILL NO. 264(FIN) "An Act levying and providing for the collection of and disposition of the proceeds of a fishery resource landing tax; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 264(FIN) Third Reading - On Reconsideration Effective Date YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Pearce, Salo, Zharoff and so, CS FOR HOUSE BILL NO. 264(FIN) failed. 1993-05-09 Senate Journal Page 2237 HB 264 Senator Jacko moved that the Senate rescind its previous action in failing CS FOR HOUSE BILL NO. 264(FIN). Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 264(FIN) and the rescinding motion be held to the May 10 calendar. Without objection, it was so ordered. SECOND READING OF HOUSE RESOLUTIONS HCR 7 HOUSE CONCURRENT RESOLUTION NO. 7 Relating to Alcohol-Related Birth Defects Awareness Week, was read the second time. Senator Rieger moved and asked unanimous consent for the adoption of the Health, Education and Social Services Senate Committee Substitute offered on page 912. Without objection, SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(HES) was adopted. SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(HES) was read the second time. Senators Kerttula, Duncan, Phillips, Taylor, Rieger, Sharp, Pearce, Zharoff moved and asked unanimous consent that they be shown as cross sponsors on the resolution. Without objection, it was so ordered. SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(HES) was before the Senate on final passage. The question being: "Shall SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(HES) Relating to Alcohol-Related Birth Defects Awareness Week, pass the Senate?" The roll was taken with the following result: 1993-05-09 Senate Journal Page 2238 HCR 7 SCS HCR 7(HES) Final Passage 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 CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(HES) passed the Senate and was referred to the Secretary for engrossment. HOUSE RESOLUTIONS IN SECOND READING HCR 18 HOUSE CONCURRENT RESOLUTION NO. 18 Relating to Federal Public Land Week, which had been held to the May 9 calendar (page 2219) was before the Senate in second reading. Senator Taylor moved and asked unanimous consent that HOUSE CONCURRENT RESOLUTION NO. 18 be returned to the Resources Committee. Without objection, it was so ordered. Senator Duncan lifted the call. 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 5:02 p.m. AFTER RECESS The Senate reconvened at 6:02 p.m. 1993-05-09 Senate Journal Page 2239 THIRD READING OF HOUSE RESOLUTIONS HJR 11 HOUSE JOINT RESOLUTION NO. 11 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature, was read the third time. Senator Lincoln called the Senate. The call was satisfied. The question being: "Shall HOUSE JOINT RESOLUTION NO. 11 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature, pass the Senate?" The roll was taken with the following result: HJR 11 Third Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Leman, Lincoln, Salo, Zharoff and so, HOUSE JOINT RESOLUTION NO. 11 failed. Senator Taylor gave notice of reconsideration. HJR 27 HOUSE JOINT RESOLUTION NO. 27 Relating to an amendment to the Constitution of the United States prohibiting desecration of the Flag of the United States, was read the third time. The question being: "Shall HOUSE JOINT RESOLUTION NO. 27 Relating to an amendment to the Constitution of the United States prohibiting desecration of the Flag of the United States, pass the Senate?" The roll was taken with the following result: 1993-05-09 Senate Journal Page 2240 HJR 27 HJR 27 Third Reading - Final Passage 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 Little changed from "Nay" to "Yea". and so, HOUSE JOINT RESOLUTION NO. 27 passed the Senate. Senator Adams gave notice of reconsideration. CITATIONS Honoring - Earle Walker by Representative(s) Hanley Senator(s) Leman, Little, Donley, Kerttula, Pearce Honoring - Jeremiah Kero, 1993 National Geography Bee Winner by Representative(s) Mackie Senator(s) Zharoff, Lincoln, Little, Ellis, Donley, Salo, Kerttula, Pearce, Leman In Memoriam - Tilly Reeve by Representative(s) Toohey Senator(s) Lincoln, Zharoff, Little, Donley, Halford, Kerttula, Pearce, Leman 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. 1993-05-09 Senate Journal Page 2241 UNFINISHED BUSINESS SB 89 Senator Duncan requested that the reconsideration on CS FOR SENATE BILL NO. 89(FIN) am "An Act making appropriations for capital project matching grant programs; and providing for an effective date" be taken up. SENATE BILLS IN THIRD READING SB 89 CS FOR SENATE BILL NO. 89(FIN) am was before the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 89(FIN) am be held to the May 10 calendar. Objections were heard. The question being: "Shall the reconsideration on CS FOR SENATE BILL NO. 89(FIN) am be held to the May 10 calendar?" The roll was taken with the following result: CSSB 89(FIN) AM Third Reading - On Reconsideration Hold for 5/10 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 and so, the bill was held to the May 10 calendar. 1993-05-09 Senate Journal Page 2242 UNFINISHED BUSINESS HB 124 Senator Duncan requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) "An Act establishing capital project matching grant programs for municipalities and unincorporated communities; and providing for an effective date" be taken up at this time. HOUSE BILLS IN THIRD READING HB 124 SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) was before the Senate in third reading on reconsideration. Senator Taylor moved and asked unanimous consent the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) be held to unfinished business later this evening. Without objection, it was so ordered. UNFINISHED BUSINESS HB 160 Senator Salo moved and asked unanimous consent that the Senate rescind its previous action in returning HOUSE BILL NO. 160(title am) "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property; and providing for an effective date" to the Rules Committee and that the rescinding motion be held to the May 10 calendar. Senator Taylor objected, then withdrew his objection. There being no further objections, it was so ordered. 1993-05-09 Senate Journal Page 2243 HB 217 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on CS FOR HOUSE BILL NO. 217(JUD) "An Act relating to Native corporation dividends and other distributions due to minors in the custody of a state." Without objection, it was so ordered. CS FOR HOUSE BILL NO. 217(JUD) was referred to the Rules Committee. SCR 10 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on SENATE CONCURRENT RESOLUTION NO. 10 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 160, relating to the time for filing certain civil actions. Without objection, it was so ordered. SENATE CONCURRENT RESOLUTION NO. 10 was referred to the Rules Committee. HB 187 Senator Pearce, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on CS FOR HOUSE BILL NO. 187(FIN) am "An Act authorizing the interception of private communications related to the commission of certain criminal offenses; relating to pen registers, trap devices, and communications in electronic storage; amending statutes relating to eavesdropping and wiretapping; relating to the penalty for violation of statutes relating to eavesdropping and unauthorized interception, publication, or use of private communications; and providing for an effective date." Without objection, it was so ordered. CS FOR HOUSE BILL NO. 187(FIN) am was referred to the Rules Committee. 1993-05-09 Senate Journal Page 2244 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 6:32 p.m. AFTER RECESS The Senate reconvened at 10:03 p.m. Senator Duncan called the Senate. Senator Lincoln moved and asked unanimous consent that today's prayer by Senator Leman be spread in the journal. Without objection, it was so ordered. Proverbs 23: 22, 23, 25; 31: 28 - 31: "Do not despise your mother when she is old. Buy the truth and do not sell it; get wisdom, discipline and understanding. May your father and mother be glad; may she who gave you birth rejoice! Her children arise and call her blessed; her husband also, and he praises her. Many women do noble things, but You surpass them all. 1993-05-09 Senate Journal Page 2245 Charm is deceptive, and beauty is fleeting; but a woman who fears the Lord is to be praised. Give her the reward she has earned, and let her works bring her praise at the city gate." Father, I thank You for mothers, thank You for my mother, and thank You for life and for the part that mothers play in Your plan to give us life. Help us to have wisdom, discipline and understanding in our dealings so that those who give us birth may rejoice in Your Son's Name. Amen. SB 183 Senator Taylor moved and asked unanimous consent that the Senate rescind its previous action in passing CS FOR SENATE BILL NO. 183(FIN) am(efd fld) "An Act making special appropriations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects; and making appropriations for capital projects." Without objection, the Senate rescinded its previous action. 1993-05-09 Senate Journal Page 2246 SB 183 CS FOR SENATE BILL NO. 183(FIN) am was before the Senate in third reading on reconsideration. Senator Taylor moved and asked unanimous consent that the Senate return to second reading for the purpose of specific amendments, those being amendments presently on the Secretary's desk. Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 183(FIN) am was returned to second reading. Senator Pearce offered Amendment No. 19 : Page 1, line 1 through page 117, line 8: Delete all material and insert: The text contained in CS FOR SENATE BILL NO. 183(FIN) am(reengrossed) is Amendment No. 19 and will be published in Senate Supplement No. 7 at a later date. Senator Pearce moved for the adoption of Amendment No. 19. Senator Duncan objected. The question being: "Shall Amendment No. 19 be adopted? The roll was taken with the following result: CSSB 183(FIN) AM Second Reading Amendment No. 19 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, Amendment No. 19 was adopted. Senators Donley, Ellis offered Amendment No. 20 : Page 116, after line 23: Insert a new bill section to read: "* Sec. 19. The sum of $4,000,000 is appropriated from the general fund to the Department of Education for payment as a grant under AS 14.11.005 to the Anchorage School District for improvements and renovation at Willow Crest elementary school." Renumber the following bill section accordingly. Page 117, line 1: Delete "15 - 18" Insert "15 - 19" Senator Donley moved for the adoption of Amendment No. 20. Senator Pearce objected. 1993-05-09 Senate Journal Page 2247 SB 183 The question being: "Shall Amendment No. 20 be adopted?" The roll was taken with the following result: CSSB 183(FIN) AM Second Reading Amendment No. 20 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 20 failed. CS FOR SENATE BILL NO. 183(FIN) am(reengrossed) was automatically in third reading. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 183(FIN) am(reengrossed) "An Act making special appropriations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects; making appropriations for capital project matching grant funds; making appropriations for capital projects; making an appropriation to pay judgment, interest, and attorney fees for Frontier Flying Service v. Turpin; and providing for an effective date" be adopted?" The roll was taken with the following result: CSSB 183(FIN) AM Third Reading - On Reconsideration 1993-05-09 Senate Journal Page 2248 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. 183(FIN) am(reengrossed) passed the Senate. Senator Taylor moved the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: CSSB 183(FIN) AM Effective Dates YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Lincoln and so, the effective date clauses were adopted. CS FOR SENATE BILL NO. 183(FIN) am(reengrossed) was referred to the Secretary for reengrossment. 1993-05-09 Senate Journal Page 2249 SB 7 Senator Taylor moved and asked unanimous consent that the Senate rescind its previous action in passing CS FOR SENATE BILL NO. 7(FIN) am "An Act relating to grants for school construction, to reimbursement of school construction debt, and to school construction bonds issued by the Alaska Municipal Bond Bank Authority; and providing for an effective date." Without objection, the Senate rescinded its previous action. CS FOR SENATE BILL NO. 7(FIN) am was before the Senate in third reading on reconsideration. Senator Taylor moved and asked unanimous consent that the Senate return to second reading for the purpose of specific amendments, those being amendments currently on the Secretary's desk. Without objection, CS FOR SENATE BILL NO. 7(FIN) am was returned to second reading. Senator Frank offered Amendment No. 8 : Page 1, line 1 through page 8, line 28: Delete all material and insert: The text contained in CS FOR SENATE BILL NO. 7(FIN) am(reengrossed) is Amendment No. 8 and will be published in Senate Supplement No. 7 at a later date. Senator Frank moved for the adoption of Amendment No. 8. Senator Duncan objected. 1993-05-09 Senate Journal Page 2250 SB 7 The question being: "Shall Amendment No. 8 be adopted? The roll was taken with the following result: CSSB 7(FIN) AM Second Reading Amendment No. 8 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Phillips, Salo, Zharoff and so, Amendment No. 8 failed. Senator Taylor moved that the Senate rescind its previous action in failing to adopt Amendment No. 8. Senator Duncan objected. The question being: "Shall the Senate rescind its previous action in failing to adopt Amendment No. 8?" The roll was taken with the following result: CSSB 7(FIN) AM Second Reading Rescind action in failing to adopt amendment No. 8 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor 1993-05-09 Senate Journal Page 2251 SB 7 Nays: Adams, Donley, Duncan, Ellis, Lincoln, Little, Salo, Zharoff and so, the Senate rescinded its previous action. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSSB 7(FIN) AM Second Reading Amendment No. 8 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, Amendment No. 8 was adopted. Senator Donley offered Amendment No. 9 : Page 6, in the line before "* Sec. 10" After "AS 39.20.180" Insert "After being selected, a member of the committee may only be removed by the commissioner for just cause." 1993-05-09 Senate Journal Page 2252 SB 7 Senator Donley moved for the adoption of Amendment No. 9. Senator Taylor objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSSB 7(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. Amendments No. 10, No. 11 and No. 12 were not offered. Senator Duncan offered Amendment No. 13 : Page 11, line 25: Delete "1998" Insert "1995" 1993-05-09 Senate Journal Page 2253 SB 7 Page 14, line 11: Delete "1998" Insert "1995" Senator Duncan moved for the adoption of Amendment No. 13. Senator Kelly objected. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: CSSB 7(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 Jacko changed from "Yea" to "Nay". and so, Amendment No. 13 failed. 1993-05-09 Senate Journal Page 2255 SB 7 Senator Adams offered Amendment No. 14 : Page 11, on the second line of sec. 16(n): After "section": Insert "may not exceed $250,000,000." Page 11, in sec. 16(n): Delete (1), (2)(A), (B), and (C) in their entirety. Page 14, in sec. 21: Delete "(1) may only be issued to fund school construction, additions to schools, or major school rehabilitation projects that are approved under AS14.07.020(a)(11); and (2) until July1, 1998, shall be allocated as follows: (A) $133,000,000 shall be allocated to projects in a municipality with a population of 200,000 or more people; (B) $67,000,000 shall be allocated to projects in a municipality with a population of at least 60,000, but less than 200,000 people; (C) $50,000,000 shall be allocated to projects in a municipality with less than 60,000 people [$300,000,000]." Insert "may only be issued to fund school construction, additions to schools, or major school rehabilitation projects that are approved under AS14.07.020(a)(11) [$300,000,000]." Senator Adams moved for the adoption of Amendment No. 14. Senator Kelly objected. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: 1993-05-09 Senate Journal Page 2256 SB 7 CSSB 7(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, in Sec. 14.11.008(b), after the line ending "5 percent": Delete: 100,001 - 200,000 10 percent 200,001 - 600,000 30 percent Insert: 100,001 - 200,000 15 percent over 200,000 25 percent Senator Donley moved for the adoption of Amendment No. 15. Senator Kelly objected. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: CSSB 7(FIN) AM Second Reading Amendment No. 15 1993-05-09 Senate Journal Page 2257 SB 7 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. 15 failed. CS FOR SENATE BILL NO. 7(FIN) am was automatically in third reading. Senator Duncan moved that CS FOR SENATE BILL NO. 7(FIN) am(reengrossed) be returned to second reading for the purpose of rescinding action in failing to adopt Amendment No. 13. Objections were heard. The question being: "Shall CS FOR SENATE BILL NO. 7(FIN) am(reengrossed) be returned to second reading? The roll was taken with the following result: CSSB 7(FIN) AM Third Reading - On Reconsideration Effective Date Return to second 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, the bill failed to be returned to second reading. 1993-05-09 Senate Journal Page 2258 SB 7 Senator Little moved and asked unanimous consent that her name be withdrawn as a cosponsor on CS FOR SENATE BILL NO. 7(FIN) am(reengrossed). Without objection, it was so ordered. The question being: "Shall CS FOR SENATE BILL NO. 7(FIN) am(reengrossed) "An Act relating to school construction grants and major maintenance grants to school districts; providing for school district participation in the cost of school construction and major maintenance; creating a major maintenance grant fund; relating to reimbursement of school construction debt, and to school construction bonds issued by the Alaska Municipal Bond Bank Authority; creating an education facilities maintenance and construction fund; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 7(FIN) AM Third Reading - On Reconsideration Effective Date YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Adams, Duncan, Ellis, Lincoln, Little, Zharoff and so, CS FOR SENATE BILL NO. 7(FIN) am(reengrossed) 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. CS FOR SENATE BILL NO. 7(FIN) am(reengrossed) was referred to the Secretary for reengrossment. 1993-05-09 Senate Journal Page 2259 HB 93 Senators Lincoln, Jacko, Adams, Zharoff, Taylor moved and asked unanimous consent that they be shown as cross sponsors on CS FOR HOUSE BILL NO. 93 (CRA) "An Act relating to the village public safety officers program." Without objection, it was so ordered. HCR 19 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on HOUSE CONCURRENT RESOLUTION NO. 19 Relating to the sale of state royalty gas. Without objection, it was so ordered. HOUSE CONCURRENT RESOLUTION NO. 19 was referred to the Rules Committee. HB 124 The reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) was taken up on page 2242. President Halford stated the reconsideration will appear on the May 10 calendar. HB 102 The reconsideration on 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 not taken up this legislative day and the bill was referred to the Secretary for engrossment. ANNOUNCEMENTS Announcements are at the end of the journal. 1993-05-09 Senate Journal Page 2260 ENGROSSMENT SB 7 CS FOR SENATE BILL NO. 7(FIN) am(reengrossed) "An Act relating to school construction grants and major maintenance grants to school districts; providing for school district participation in the cost of school construction and major maintenance; creating a major maintenance grant fund; relating to reimbursement of school construction debt, and to school construction bonds issued by the Alaska Municipal Bond Bank Authority; creating an education facilities maintenance and construction fund; and providing for an effective date" was reengrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 183 CSSB 183(FIN) am(reengrossed) "An Act making special appropriations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects; making appropriations for capital project matching grant funds; making appropriations for capital projects; making an appropriation to pay judgment, interest, and attorney fees for Frontier Flying Service v. Turpin; and providing for an effective date" was reengrossed, signed by the President and Secretary and transmitted to the House for consideration. HCR 7 SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(HES) Relating to Alcohol-Related Birth Defects Awareness Week, was engrossed, signed by the President and Secretary and returned to the House for consideration. 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 engrossed, signed by the President and Secretary and returned to the House for consideration. 1993-05-09 Senate Journal Page 2261 ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 10, 1993. Without objection, the Senate adjourned at 12:39 a.m. Nancy Quinto Secretary of the Senate May 1993 1993-05-09 Senate Journal Page 2262 ANNOUNCEMENTS STANDING COMMITTEES RULES FAHRENKAMP ROOM 203 MAY 09 SUNDAY 0:00 AM ...TO MEET AT CALL OF CHAIR... MAY 10 MONDAY 0:00 AM ...TO MEET AT CALL OF CHAIR... 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 MAJORITY CAUCUS CAPITOL ROOM 111 MAY 09 SUNDAY 12:30 PM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 MAY 09 SUNDAY 5:00 PM MINORITY CAUCUS