Legislature(1993 - 1994)
1993-05-11 Senate Journal
Full Journal pdf1993-05-11 Senate Journal Page 2305 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Tuesday May 11, 1993 One Hundred Twenty-first Day Pursuant to adjournment the Senate was called to order by President Halford at 12:09 p.m. The roll showed all members present. The prayer was offered by the Chaplain, Kayla Epstein of the Juneau Jewish Community. Senator Adams moved and asked unanimous consent that the prayer be spread in the journal. Without objection, it was so ordered. You are with us in our prayer, in our love and our doubt, in our longing to feel Your presence and do Your will. You are the still, clear voice within us. Therefore, O God, when doubt troubles us, when anxiety makes us tremble, and pain clouds the mind, we look inward for the answer to our prayers. There we find You, and there find courage, insight, and endurance. And let our worship bring us closer to one another, that all who seek You, may find new strength in Your service. Amen. Senator Sharp led the Senate in the pledge of allegiance. 2305 1993-05-11 Senate Journal Page 2306 CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundred twentieth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE HB 81 Message of May 10 was read, stating the House rescinded its previous action in failing to concur in the Senate amendment to CS FOR HOUSE BILL NO. 81(FIN) am, thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 81(RLS) "An Act relating to the longevity bonus program." HCR 7 Message of May 10 was read, stating the House concurred in the Senate amendment to HOUSE CONCURRENT RESOLUTION NO. 7, thus passing: SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(HES) Relating to Alcohol-Related Birth Defects Awareness Week. HB 102 Message of May 10 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 102(FIN), thus passing: 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." HB 178 Message of May 10 was read, stating the House concurred in the Senate amendment to HOUSE BILL NO. 178, thus passing: 1993-05-11 Senate Journal Page 2307 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." HB 275 Message of May 10 was read, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 275(FIN) am, thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 275(FIN) am S "An Act relating to the Alaska Seafood Marketing Institute and a salmon marketing tax; and providing for an effective date." SB 51 Message of May 10 was read, stating the House passed and returned for consideration SENATE BILL NO. 51 with the following amendment: SENATE BILL NO. 51 am H "An Act providing for establishment of work camps for juveniles adjudicated delinquent, and extending to all cities and to nonprofit corporations authority to maintain facilities for juveniles." Senator Taylor moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment to SENATE BILL NO. 51?" The roll was taken with the following result: SB 51 AM H Shall the Senate concur in House amendment to SB 51 1993-05-11 Senate Journal Page 2308 SB 51 YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Duncan, Ellis, Kerttula, Little, Zharoff Kerttula changed from "Yea" to "Nay". and so, the Senate concurred in the House amendment, thus passing SENATE BILL NO. 51 am H "An Act providing for establishment of work camps for juveniles adjudicated delinquent, and extending to all cities and to nonprofit corporations authority to maintain facilities for juveniles." The Secretary was requested to notify the House. SENATE BILL NO. 51 am H was referred to the Secretary for enrollment. HB 124 Message of May 11 was read stating, the House is returning 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" at the request of the Senate. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) be held on the Secretary's Desk. Without objection, it was so ordered. STANDING COMMITTEE REPORTS HB 168 The Finance Committee considered CS FOR HOUSE BILL NO. 168(FIN) am (Charitable gaming permittees; efd). Signing do pass: Senators Frank, Pearce, Cochairs. Signing no recommendation: Senators Rieger, Kerttula, Jacko. Signing needs amendment: Senator Sharp. 1993-05-11 Senate Journal Page 2309 HB 168 Previous House fiscal note. CS FOR HOUSE BILL NO. 168(FIN) am was referred to the Rules Committee. HCR 19 The Rules Committee considered HOUSE CONCURRENT RESOLUTION NO. 19 Relating to the sale of state royalty gas. Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger. Signing no recommendation: Senator Little. HOUSE CONCURRENT RESOLUTION NO. 19 is on today's calendar. HCR 20 The Rules Committee considered HOUSE CONCURRENT RESOLUTION NO. 20 Establishing a task force on schools on military bases. Signing to calendar and do pass: Senator Jacko, Chair, Senator Rieger. Signing no recommendation: Senators Little, Halford. Previous House zero fiscal note. HOUSE CONCURRENT RESOLUTION NO. 20 is on today's calendar. HB 97 The Rules Committee considered HOUSE BILL NO. 97 "An Act clarifying the responsibilities of the Department of Health and Social Services and parents for children who are committed to the custody of the department and are placed by the department with the parents; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senators Rieger, Halford, Little. HOUSE BILL NO. 97 is on today's calendar. 1993-05-11 Senate Journal Page 2310 HB 168 The Rules Committee considered CS FOR HOUSE BILL NO. 168(FIN) am (Charitable gaming permittees; efd). Signing to calendar: Senator Jacko, Chair, Senators Rieger Halford. CS FOR HOUSE BILL NO. 168(FIN) am is on today's calendar. HB 171 The Rules Committee considered CS FOR HOUSE BILL NO. 171(FIN) "An Act providing coverage for hospice care under the Medicaid program; reordering the priorities given to optional services under the Medicaid program; and providing for an effective date." Signing to calendar: Senator Jacko, Chair, Senators Rieger, Halford, Little. CS FOR HOUSE BILL NO. 171(FIN) is on today's calendar. HB 217 The Rules Committee considered 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." Signing to calendar: Senator Jacko, Chair, Senators Halford, Rieger. Signing no recommendation: Senator Little. CS FOR HOUSE BILL NO. 217(JUD) is on today's calendar. HB 225 The Rules Committee considered HOUSE BILL NO. 225 "An Act relating to notice of certain appropriations from the dividend fund." Signing to calendar: Senator Jacko, Chair, Senator Rieger. Signing no recommendation: Senators Little, Halford. HOUSE BILL NO. 225 is on today's calendar. 1993-05-11 Senate Journal Page 2311 SPECIAL COMMITTEE REPORTS HB 55 The report on CONFERENCE CS FOR HOUSE BILL NO. 55 "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date" (page 2271) was before the Senate at this time. Senator Taylor moved and asked unanimous consent that CONFERENCE CS FOR HOUSE BILL NO. 55 be held on the Secretary's Desk to 5:00 p.m. today. Without objection, it was so ordered. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 217 SENATE BILL NO. 217 by SENATORS FRANK, Kerttula, Miller, Rieger, Taylor, Sharp, entitled: "An Act relating to land of the University of Alaska and authorizing the University of Alaska to select additional state public domain land." was read the first time and referred to the Health, Education and Social Services, Resources and Finance Committees. CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 168 CS FOR HOUSE BILL NO. 168(FIN) am "An Act establishing a testing program for charitable gaming permittees and operators; relating to the duties of a member in charge; requiring regulations relating to pull-tabs to be consistent with North American Gaming Regulators Association standards on pull-tabs to the extent permitted 1993-05-11 Senate Journal Page 2312 HB 168 by charitable gaming laws; allowing permittees to contract with vendors to sell pull-tabs on behalf of the permittee at an establishment holding a package store license and certain establishments holding a beverage dispensary license; allowing municipalities to prohibit vendors from conducting gaming activities within the municipality; restricting the purchase of pull-tabs by permittees, licensees, and vendors and their owners, managers, and employees; requiring receipts before prizes of $50 or more may be awarded in pull-tab games; prohibiting distributors from supplying pull-tabs to vendors; relating to the distribution of pull-tabs from one distributor to another distributor; requiring the registration of vendors and regulating activities involving them; requiring the licensing of out-of-state pull-tab manufacturers and increasing the annual licensing fee for pull-tab manufacturers; requiring the department regulating charitable gaming to approve contracts between permittees and operators before gaming may occur; preventing persons with felony convictions or convictions for crimes involving theft or dishonesty or a violation of gambling laws from being involved in charitable gaming activities as a permittee, licensee, vendor, person responsible for the operation of an activity, fund raiser or consultant of a licensee or vendor, or employee in a managerial or supervisory capacity, and providing exceptions for certain persons whose convictions are at least 10 years old and are not for violation of an unclassified felony described in AS 11, a class A felony, or extortion; relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring operators to pay permittees at least 30 percent of the adjusted gross income from a pull-tab activity and limiting operators to expenses of not more than 70 percent of the adjusted gross income from that activity; requiring operators to pay permittees at least 10 percent of the adjusted gross income from a charitable gaming activity other than pull-tabs and limiting operators to expenses of not more than 90 percent of the 1993-05-11 Senate Journal Page 2313 HB 168 adjusted gross income from that activity; requiring a permittee who uses a pull-tab vendor to enter into a contract with that vendor; requiring a vendor contracting with a permittee to pay the permittee at least 70 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring that operators report an adjusted gross income of at least 15 percent of gross income; allowing the commissioner regulating charitable gaming to issue orders prohibiting violations of state gaming laws; relating to the authority of the commissioner regulating charitable gaming to suspend or revoke a permit, license, or registration; prohibiting the payment of any portion of the net proceeds of a bingo or pull-tab game to a registered lobbyist; providing a penalty for false statements in gaming license applications; providing communities with the authority by local option election to prohibit charitable gaming within the community; and providing for an effective date" was read the second time. Senator Duncan called the Senate. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 168(FIN) am 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. CS FOR HOUSE BILL NO. 168(FIN) am was read the third time. Senator Kelly offered a Letter of Intent: 1993-05-11 Senate Journal Page 2314 HB 168 Letter of Intent for CSHB 168(Fin) am The Senate joins with the Governor in recognizing the need for meaningful gaming reform. The Senate previously approved legislation that strictly prohibited use of charitable gaming proceeds for the purpose of influencing political campaigns. That provision is missing in this bill. It is the intent of the Alaska Senate to encourage the Governor to implement emergency regulations that clearly defines "political purposes", as may be used in any legislation governing charitable gaming, in such a way so as to prohibit using any net proceeds from charitable gaming, either directly or indirectly, for the purpose of donating political campaign contributions to individuals, political action committees, or political organizations. To this end, and in the event that the regulatory process is unsuccessful at preventing political use of charitable gaming proceeds, it is further the intent of the Senate to join with those seeking to curb the practice of raising political funds through gaming laws, by invoking the initiative process and placing the matter squarely before the voters of Alaska. Senator Kelly moved for the adoption of the Letter of Intent. Senator Duncan objected. The question being: "Shall the Letter of Intent be adopted?" The roll was taken with the following result: 1993-05-11 Senate Journal Page 2315 HB 168 CSHB 168(FIN) AM Letter of Intent YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Lincoln, Little, Salo, Zharoff Ellis changed from "Nay" to "Yea". and so, the Senate Letter of Intent was adopted. The question being: "Shall CS FOR HOUSE BILL NO. 168(FIN) am "An Act establishing a testing program for charitable gaming permittees and operators; relating to the duties of a member in charge; requiring regulations relating to pull-tabs to be consistent with North American Gaming Regulators Association standards on pull-tabs to the extent permitted by charitable gaming laws; allowing permittees to contract with vendors to sell pull-tabs on behalf of the permittee at an establishment holding a package store license and certain establishments holding a beverage dispensary license; allowing municipalities to prohibit vendors from conducting gaming activities within the municipality; restricting the purchase of pull-tabs by permittees, licensees, and vendors and their owners, managers, and employees; requiring receipts before prizes of $50 or more may be awarded in pull-tab games; prohibiting distributors from supplying pull-tabs to vendors; relating to the distribution of pull-tabs from one distributor to another distributor; requiring the registration of vendors and regulating activities involving them; requiring the licensing of out-of-state pull-tab manufacturers and increasing the annual licensing fee for pull-tab manufacturers; requiring the department regulating charitable gaming to approve contracts between permittees and operators before gaming may occur; preventing persons with felony convictions or convictions for crimes involving theft or dishonesty or a violation of gambling laws from being involved in charitable gaming activities as a permittee, licensee, vendor, person responsible 1993-05-11 Senate Journal Page 2316 HB 168 for the operation of an activity, fund raiser or consultant of a licensee or vendor, or employee in a managerial or supervisory capacity, and providing exceptions for certain persons whose convictions are at least 10 years old and are not for violation of an unclassified felony described in AS 11, a class A felony, or extortion; relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring operators to pay permittees at least 30 percent of the adjusted gross income from a pull-tab activity and limiting operators to expenses of not more than 70 percent of the adjusted gross income from that activity; requiring operators to pay permittees at least 10 percent of the adjusted gross income from a charitable gaming activity other than pull-tabs and limiting operators to expenses of not more than 90 percent of the adjusted gross income from that activity; requiring a permittee who uses a pull-tab vendor to enter into a contract with that vendor; requiring a vendor contracting with a permittee to pay the permittee at least 70 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring that operators report an adjusted gross income of at least 15 percent of gross income; allowing the commissioner regulating charitable gaming to issue orders prohibiting violations of state gaming laws; relating to the authority of the commissioner regulating charitable gaming to suspend or revoke a permit, license, or registration; prohibiting the payment of any portion of the net proceeds of a bingo or pull-tab game to a registered lobbyist; providing a penalty for false statements in gaming license applications; providing communities with the authority by local option election to prohibit charitable gaming within the community; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 168(FIN) AM Third Reading - Final Passage Effective Date 1993-05-11 Senate Journal Page 2317 HB 168 YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Little, Salo, Zharoff Leman changed from "Nay" to "Yea". Taylor changed from "Nay" to "Yea". Ellis changed from "Nay" to "Yea". and so, CS FOR HOUSE BILL NO. 168(FIN) am passed the Senate with a Senate Letter of Intent. 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 HOUSE BILL NO. 168(FIN) am was signed by the President and Secretary and returned to the House. HB 97 HOUSE BILL NO. 97 "An Act clarifying the responsibilities of the Department of Health and Social Services and parents for children who are committed to the custody of the department and are placed by the department with the parents; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 97 be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 97 was read the third time. The question being: "Shall HOUSE BILL NO. 97 "An Act clarifying the responsibilities of the Department of Health and Social Services and parents for children who are committed to the custody of the department and are placed by the department with the parents; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1993-05-11 Senate Journal Page 2318 HB 97 HB 97 Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Halford and so, HOUSE BILL NO. 97 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. 97 was signed by the President and Secretary and returned to the House. HB 225 HOUSE BILL NO. 225 "An Act relating to notice of certain appropriations from the dividend fund" was read the second time. Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 225 be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 225 was read the third time. The question being: "Shall HOUSE BILL NO. 225 "An Act relating to notice of certain appropriations from the dividend fund" pass the Senate?" The roll was taken with the following result: HB 225 Third Reading - Final Passage 1993-05-11 Senate Journal Page 2319 HB 225 YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Zharoff Nays: Ellis, Halford, Taylor and so, HOUSE BILL NO. 225 passed the Senate. HOUSE BILL NO. 225 was signed by the President and Secretary and returned to the House. HB 171 CS FOR HOUSE BILL NO. 171(FIN) "An Act providing coverage for hospice care under the Medicaid program; reordering the priorities given to optional services under the Medicaid program; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 171(FIN) be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 171(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 171(FIN) "An Act providing coverage for hospice care under the Medicaid program; reordering the priorities given to optional services under the Medicaid program; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 171(FIN) Third Reading - Final Passage Effective Date 1993-05-11 Senate Journal Page 2320 HB 171 YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Kelly and so, CS FOR HOUSE BILL NO. 171(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 effective date clause. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 171(FIN) was signed by the President and Secretary and returned to the House. HB 217 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" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 217(JUD) be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 217(JUD) was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSHB 217(JUD) 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 1993-05-11 Senate Journal Page 2321 HB 217 and so, CS FOR HOUSE BILL NO. 217(JUD) passed the Senate. CS FOR HOUSE BILL NO. 217(JUD) was signed by the President and Secretary and returned to the House. UNFINISHED BUSINESS HB 124 Senator Taylor moved and asked unanimous consent that 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" which had been placed on the Secretary's desk (page 2308) be taken up at this time. Without objection, it was so ordered. Senator Taylor lifted the call. Senator Duncan announced a minority caucus. Senator Taylor announced a majority 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 4:02 p.m. AFTER RECESS The Senate reconvened at 4:26 p.m. HB 124 Senator Taylor moved that the Senate rescind its previous action in passing 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." Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) was before the Senate on reconsideration. 1993-05-11 Senate Journal Page 2322 HB 124 Senator Taylor moved that SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. Without objection, the bill was returned to second reading. Senator Frank offered Amendment No. 3 : Page 8, line 24 and Page 9, line 2: Delete "during the prior" Page 8, line 25 and Page 9, line 3: Delete "fiscal year under AS 37.05.315 and AS 37.06.010" Senator Taylor moved for the adoption of Amendment No. 3. Without objection, Amendment No. 3 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) am S was automatically in third reading. The question to be reconsidered is: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) am S "An Act establishing capital project matching grant programs for municipalities and unincorporated communities; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 124(FIN) AM S Third Reading - On Reconsideration Effective Date 1993-05-11 Senate Journal Page 2323 HB 124 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 CS FOR HOUSE BILL NO. 124(FIN) am S passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) am S was referred to the Secretary for engrossment. The Senate returned to: MESSAGES FROM THE HOUSE SB 99 Message of May 11 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 99(FIN) am(efd fld) with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 99(FIN) am H "An Act relating to licenses, certificates, permits, and programs administered and fees charged by the Alcoholic Beverage Control Board, the office of public advocacy, the Alaska Commission on Postsecondary Education, the Department of Fish and Game, the Department of Labor, the Alaska Police Standards Council, the Department of Natural Resources, and the Department of Environmental Conservation; relating to moving expenses for legislators; relating to motor vehicle registration and insurance and the definition of `vehicle'; relating to the administration of the state insurance catastrophe reserve account; requiring proration of certain state payments; relating to fiscal reporting and accounting by the 1993-05-11 Senate Journal Page 2324 SB 99 Department of Administration; relating to the provision of group life or group health insurance for state employees; authorizing the Department of Natural Resources to accept certain donations for parks and recreation; extending the suspension of certain tax credit provisions; relating to coverage of persons under Medicaid and revising the order of priority for coverage of optional medical services under Medicaid; providing for extensions of certain state leases; changing the number of days required for issuance of a denial of an intrastate application by the Alaska Public Utilities Commission from 90 to 180 days; and amending Alaska Rule of Probate Procedure 16(d); 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. 99(FIN) am(efd fld)?" The roll was taken with the following result: HCS CSSB 99(FIN) AM H Shall the Senate concur in House amendments to CSSB 99(FIN)am(efd fld)? YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Jacko, Leman, Little Nays: Adams, Frank, Halford, Kelly, Kerttula, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, the Senate failed to concur. 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 from the House to consider the bills: 1993-05-11 Senate Journal Page 2325 SB 99 Senator Pearce, Chair Senator Halford Senator Jacko SB 165 Message of May 11 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 165(FIN) am with the following amendment: HOUSE CS FOR 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; making, amending, and repealing operating and capital appropriations; and providing for an effective date." Senator Taylor moved that the Senate concur in the House amendment and recommended the body vote no. The question being: "Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 165(FIN) am?" The roll was taken with the following result: HCS CSSB 165(FIN) Shall the Senate concur in House amendment to CSSB 165(FIN) AM? YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, the Senate failed to concur. 1993-05-11 Senate Journal Page 2326 SB 165 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 from the House to consider the bills: Senator Frank, Chair Senator Pearce Senator Zharoff UNFINISHED BUSINESS HB 293 Senator Taylor moved and asked unanimous consent that the reconsideration on SENATE CS FOR HOUSE BILL NO. 293(FIN) which had been placed in the Pending File on the Secretary's desk (page 2037) be taken up at this time. Without objection, it was so ordered. HOUSE BILLS IN THIRD READING HB 293 SENATE CS FOR HOUSE BILL NO. 293(FIN) was before the Senate on reconsideration. The question to be reconsidered: "Shall SENATE CS FOR HOUSE BILL NO. 293(FIN) "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault" pass the Senate?" The roll was taken with the following result: SCS HB 293(FIN) Third Reading - On Reconsideration 1993-05-11 Senate Journal Page 2327 HB 293 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 BILL NO. 293(FIN) passed the Senate on reconsideration. SENATE CS FOR HOUSE BILL NO. 293(FIN) was referred to the Secretary for engrossment. CONSIDERATION OF THE CALENDAR CONTINUED THIRD READING OF HOUSE BILLS HB 187 CS FOR HOUSE BILL NO. 187(FIN) am was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSHB 187(FIN) AM Third Reading - Final Passage YEAS: 11 NAYS: 5 EXCUSED: 0 ABSENT: 4 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Duncan, Kerttula, Little, Salo, Zharoff 1993-05-11 Senate Journal Page 2328 HB 187 Absent: Adams, Donley, Ellis, Lincoln Senator Little changed from "yea" to "nay". and so, CS FOR HOUSE BILL NO. 187(FIN) am passed the Senate. Senator Taylor moved the effective date clause. Senator Taylor called the Senate, the call was satisfied. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 187(FIN) AM Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Duncan, Ellis, Little, Zharoff and so, the effective date clause was adopted. CS FOR HOUSE BILL NO. 187(FIN) am was signed by the President and Secretary and returned to the House. HOUSE BILLS IN THIRD READING HB 264 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" which had been held to the May 11 calendar with a motion pending to rescind action in failing to adopt the bill (page 2300) was before the Senate on reconsideration. 1993-05-11 Senate Journal Page 2329 HB 264 The question being: "Shall the Senate rescind its previous action in failing to adopt CS FOR HOUSE BILL NO. 264(FIN)? The roll was taken with the following result: CSHB 264(FIN) Third Reading - On Reconsideration Rescind 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 Senate rescinded its previous action. CS FOR HOUSE BILL NO. 264 (FIN) was before the Senate in third reading 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 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 1993-05-11 Senate Journal Page 2330 HB 264 and so, CS FOR HOUSE BILL NO. 264(FIN) passed the Senate on reconsideration. 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: CSHB 264(FIN) Effective Date 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 Duncan changed from "Nay" to "Yea". Little changed from "Nay" to "Yea". Kerttula changed from "Nay" to "Yea". Lincoln changed from "Nay" to "Yea". and so, the effective date clause was adopted. CS FOR HOUSE BILL NO. 264(FIN) was signed by the President and Secretary and returned to the House. The Senate returned to: MESSAGES FROM THE HOUSE SB 7 Message of May 11 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 7(FIN) am(reengrossed) with the following amendment: 1993-05-11 Senate Journal Page 2331 SB 7 CS FOR SENATE BILL NO. 7(FIN) am H "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." 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. 7(FIN) am(reengrossed)?" The roll was taken with the following result: CSSB 7(FIN) AM H Shall the Senate concur in House amendment to CSSB 7(FIN) AM? 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 amendment, thus passing CS FOR SENATE BILL NO. 7(FIN) am H "An Act relating to school construction grants and major maintenance grants to school districts; providing for school district participation in the cost of 1993-05-11 Senate Journal Page 2332 SB 7 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." 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. CS FOR SENATE BILL NO. 7(FIN) am H was referred to the Secretary for enrollment. SB 60 Message of May 11 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 60(FIN) with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 60(FIN) am H "An Act making appropriations for school construction projects and making an appropriation of $1,066,280 from the general fund to the Department of Education for payment as grants for additional district support for the fiscal year ending June 30, 1994; 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. 60(FIN)?" The roll was taken with the following result: 1993-05-11 Senate Journal Page 2333 SB 60 HCS CSSB 60(FIN) AM H Shall the Senate concur in House amendments to CSSB 60(FIN)? Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams, Leman, Phillips and so, the Senate concurred in the House amendments, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 60(FIN) am H "An Act making appropriations for school construction projects and making an appropriation of $1,066,280 from the general fund to the Department of Education for payment as grants for additional district support for the fiscal year ending June 30, 1994; 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. 60(FIN) am H was referred to the Secretary for enrollment. SB 99 Message of May 11 was read stating, that House has failed to recede from its amendments to CS FOR SENATE BILL NO. 99(FIN) am(efd fld), namely: HOUSE CS FOR CS FOR SENATE BILL NO. 99(FIN) am H 1993-05-11 Senate Journal Page 2334 SB 99 "An Act relating to licenses, certificates, permits, and programs administered and fees charged by the Alcoholic Beverage Control Board, the office of public advocacy, the Alaska Commission on Postsecondary Education, the Department of Fish and Game, the Department of Labor, the Alaska Police Standards Council, the Department of Natural Resources, and the Department of Environmental Conservation; relating to moving expenses for legislators; relating to motor vehicle registration and insurance and the definition of `vehicle'; relating to the administration of the state insurance catastrophe reserve account; requiring proration of certain state payments; relating to fiscal reporting and accounting by the Department of Administration; relating to the provision of group life or group health insurance for state employees; authorizing the Department of Natural Resources to accept certain donations for parks and recreation; extending the suspension of certain tax credit provisions; relating to coverage of persons under Medicaid and revising the order of priority for coverage of optional medical services under Medicaid; providing for extensions of certain state leases; changing the number of days required for issuance of a denial of an intrastate application by the Alaska Public Utilities Commission from 90 to 180 days; and amending Alaska Rule of Probate Procedure 16(d); 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. 99(FIN) am(efd fld)?" The roll was taken with the following result: HCS CSSB 99(FIN) AM H Shall the Senate concur in House amendments to CSSB 99(FIN)am(efd fld)? 1993-05-11 Senate Journal Page 2335 SB 99 YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Lincoln, Salo, Zharoff and so, HOUSE CS FOR CS FOR SENATE BILL NO. 99(FIN) am H "An Act relating to licenses, certificates, permits, and programs administered and fees charged by the Alcoholic Beverage Control Board, the office of public advocacy, the Alaska Commission on Postsecondary Education, the Department of Fish and Game, the Department of Labor, the Alaska Police Standards Council, the Department of Natural Resources, and the Department of Environmental Conservation; relating to moving expenses for legislators; relating to motor vehicle registration and insurance and the definition of `vehicle'; relating to the administration of the state insurance catastrophe reserve account; requiring proration of certain state payments; relating to fiscal reporting and accounting by the Department of Administration; relating to the provision of group life or group health insurance for state employees; authorizing the Department of Natural Resources to accept certain donations for parks and recreation; extending the suspension of certain tax credit provisions; relating to coverage of persons under Medicaid and revising the order of priority for coverage of optional medical services under Medicaid; providing for extensions of certain state leases; changing the number of days required for issuance of a denial of an intrastate application by the Alaska Public Utilities Commission from 90 to 180 days; and amending Alaska Rule of Probate Procedure 16(d); and providing for an effective date" 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 clauses. Without objection, it was so ordered. The Secretary was requested to notify the House. 1993-05-11 Senate Journal Page 2336 SB 99 HOUSE CS FOR CS FOR SENATE BILL NO. 99(FIN) am H was referred to the Secretary for enrollment. SB 142 Message of May 11 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 142(CRA) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) "An Act relating to the Alaska regional economic assistance program and to regional development organizations; and providing for an effective date." Senator Taylor moved that the Senate concur in the House amendment. Senator Taylor moved and asked unanimous consent that the message be held on the Secretary's Desk. Without objection, it was so ordered. SB 183 Message of May 11 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 183(FIN) am (reengrossed) with the following amendment: HOUSE CS FOR 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; 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." (Adopted House Letter of Intent) 1993-05-11 Senate Journal Page 2337 SB 183 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. 183(FIN) am(reengrossed)?" The roll was taken with the following result: HCS CSSB 183(FIN) Shall the Senate concur in House amendment to CSSB 183(FIN) AM? 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 Senate concurred in the House amendment, thus passing HOUSE CS FOR 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; 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." 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: HCS CSSB 183(FIN) Effective Dates 1993-05-11 Senate Journal Page 2338 SB 183 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. The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 183(FIN) was referred to the Secretary for enrollment. SB 142 Senator Taylor moved and asked unanimous consent that the House message regarding CS FOR SENATE BILL NO. 142(CRA) and HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) "An Act relating to the Alaska regional economic assistance program and to regional development organizations; and providing for an effective date" which had been placed on the Secretary's desk (page 2336) be taken up at this time. Without objection, it was so ordered. Senator Taylor renewed his motion 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. 142(CRA)?" The roll was taken with the following result: HCS CSSB 142(FIN) Shall the Senate concur in House amendment to CSSB 142(CRA)? 1993-05-11 Senate Journal Page 2339 SB 142 YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Halford, Jacko, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Ellis, Kelly, Kerttula and so, the Senate concurred in the House amendment, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) "An Act relating to the Alaska regional economic assistance program and to regional development organizations; 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. Senator Duncan objected. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HCS CSSB 142(FIN) Shall the Senate concur in House amendment to CSSB 142(CRA)? Effective Date 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 effective date clause was adopted. The Secretary was requested to notify the House. 1993-05-11 Senate Journal Page 2340 SB 142 HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) was referred to the Secretary for enrollment. SPECIAL COMMITTEE REPORTS HB 55 The report on CONFERENCE CS FOR HOUSE BILL NO. 55 which had been held on the Secretary's Desk (page 2311) was before the Senate at this time. Senator Taylor moved that the Senate adopt CONFERENCE CS FOR HOUSE BILL NO. 55. The question being: "Shall CONFERENCE CS FOR HOUSE BILL NO. 55 pass the Senate?" The roll was taken with the following result: CCS HB 55 Shall the Senate adopt the Conference Committee Report? 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, CONFERENCE CS FOR HOUSE BILL NO. 55 "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date" passed the Senate. 1993-05-11 Senate Journal Page 2341 HB 55 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: CCS HB 55 Effective Date 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 effective date clause was adopted. The Secretary was requested to notify the House. SB 165 May 11, 1993 Mr. President: Madam Speaker: The CONFERENCE COMMITTEE considered CS FOR SENATE BILL NO. 165(FIN) am and HOUSE CS FOR CS FOR SENATE BILL NO. 165(FIN) and recommends CONFERENCE CS FOR SENATE BILL NO. 165 "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; making, amending, and repealing operating and capital appropriations; and providing for an effective date." be adopted. 1993-05-11 Senate Journal Page 2342 SB 165 Signing the report: Senator Frank, Chair, Senators Pearce, Zharoff, Representative Larson, Chair, Representatives Grussendorf, MacLean. Senator Taylor moved that the Senate adopt CONFERENCE CS FOR SENATE BILL NO. 165. The question being: "Shall CONFERENCE CS FOR SENATE BILL NO. 165 "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; making, amending, and repealing operating and capital appropriations; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CCS SB 165 Shall the Senate adopt the Conference Committee Report? Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Donley, Kerttula, Leman, Phillips and so, CONFERENCE CS FOR SENATE BILL NO. 165 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. The Secretary was requested to notify the House. CONFERENCE CS FOR SENATE BILL NO. 165 was referred to the Secretary for engrossment and enrollment. 1993-05-11 Senate Journal Page 2343 INTRODUCTION AND REFERENCE OF SENATE BILLS SB 218 SENATE BILL NO. 218 by SENATORS PEARCE, Kelly entitled: "An Act relating to contributions to candidates for public office; and relating to what is a `political organization' as that term is used in the laws relating to charitable gaming." was read the first time and referred to the Labor and Commerce and Finance Committees. The Senate proceeded to: CITATIONS Honoring - Ann Marie Clark by Representative(s) James Senator(s) Miller, Leman, Lincoln, Donley, Pearce, Duncan, Zharoff Honoring - Bette O'Moor by Representative(s) Nicholia Senator(s) Lincoln, Donley, Duncan, Ellis, Leman, Little, Zharoff Honoring - Sandy Vandergaw by Representative(s) Hanley Senator(s) Donley, Pearce, Duncan, Leman, Zharoff In Memoriam - Charley Kegler by Representative(s) Davies Senator(s) Pearce, Duncan, Lincoln Honoring - Ruth Anne Johnston, 1993 Alaska Mom of the Year by Senator(s) Little, Donley, Pearce, Duncan, Leman, Ellis, Lincoln 1993-05-11 Senate Journal Page 2344 Honoring - Dana Krumm, National Multiple Sclerosis Society's 1993 Alaska Mother of the Year by Senator(s) Little, Phillips, Donley, Pearce, Duncan, Leman, Ellis, Lincoln, Zharoff In Memoriam - Robert "Bob" Van Brocklin by Senator(s) Lincoln, Kerttula, Jacko, Pearce, Duncan, Adams, Leman, Ellis, Little, Zharoff In Memoriam - Rose Golik by Representative(s) Toohey Senator(s) Donley, Pearce, Duncan, 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. UNFINISHED BUSINESS HB 126 Senator Taylor moved and asked unanimous consent that the reconsideration on SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 126 which had been placed in the Pending File on the Secretary's desk (page 2065) be taken up at this time. Without objection, it was so ordered. HOUSE BILLS IN THIRD READING HB 126 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 126 was before the Senate on reconsideration. The question to be reconsidered: "Shall 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" pass the Senate?" The roll was taken with the following result: 1993-05-11 Senate Journal Page 2345 HB 126 SSHB 126 Third Reading - On Reconsideration 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, SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 126 passed the Senate on reconsideration. UNFINISHED BUSINESS HB 181 Senator Taylor moved and asked unanimous consent that the reconsideration on HOUSE BILL NO. 181 am which had been placed in the Pending File on the Secretary's desk (page 2078) be taken up at this time. Without objection, it was so ordered. HOUSE BILLS IN THIRD READING HB 181 HOUSE BILL NO. 181 am was before the Senate on reconsideration. The question to be reconsidered: "Shall 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" pass the Senate?" The roll was taken with the following result: 1993-05-11 Senate Journal Page 2346 HB 181 HB 181 AM Third Reading - On Reconsideration Effective Date 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, HOUSE BILL NO. 181 am passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Taylor moved the Court Rule change. Senator Ellis objected. The question being: "Shall the Court Rule change be adopted?" The roll was taken with the following result: HB 181 AM Third Reading - On Reconsideration Court Rule YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams, Duncan, Ellis and so, the Court Rule change was adopted. HOUSE BILL NO. 181 am was signed by the President and Secretary and returned to the House. 1993-05-11 Senate Journal Page 2347 UNFINISHED BUSINESS HB 211 Senator Taylor moved and asked unanimous consent that the reconsideration on HOUSE BILL NO. 211 am S which had been placed in the Pending File on the Secretary's desk (page 2037) be taken up at this time. Without objection, it was so ordered. HOUSE BILLS IN THIRD READING HB 211 HOUSE BILL NO. 211 am S was before the Senate on reconsideration. Senators Pearce, Taylor moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The question to be reconsidered: "Shall HOUSE BILL NO. 211 am S "An Act relating to the municipal tax exemption for inventories intended for export" pass the Senate?" The roll was taken with the following result: HB 211 AM S Third Reading - On Reconsideration YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams, Kerttula and so, HOUSE BILL NO. 211 am S passed the Senate on reconsideration. HOUSE BILL NO. 211 am S was referred to the Secretary for engrossment. 1993-05-11 Senate Journal Page 2348 The Senate returned to: CONSIDERATION OF THE CALENDAR CONTINUED SECOND READING OF HOUSE RESOLUTIONS HCR 19 HOUSE CONCURRENT RESOLUTION NO. 19 Relating to the sale of state royalty gas, was read the second time. HOUSE CONCURRENT RESOLUTION NO. 19 was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 19 Relating to the sale of state royalty gas, pass the Senate?" The roll was taken with the following result: HCR 19 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, HOUSE CONCURRENT RESOLUTION NO. 19 passed the Senate, was signed by the President and Secretary and returned to the House. HCR 20 HOUSE CONCURRENT RESOLUTION NO. 20 Establishing a task force on schools on military bases, was read the second time. HOUSE CONCURRENT RESOLUTION NO. 20 was before the Senate on final passage. 1993-05-11 Senate Journal Page 2349 HCR 20 The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 20 Establishing a task force on schools on military bases, pass the Senate?" The roll was taken with the following result: HCR 20 Final Passage YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams, Ellis, Kerttula and so, HOUSE CONCURRENT RESOLUTION NO. 20 passed the Senate, was signed by the President and Secretary and returned to the House. UNFINISHED BUSINESS HB 249 Senator Jacko moved and asked unanimous consent that CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(STA) am "An Act reestablishing the Board of Electrical Examiners and extending the termination date of the Board of Mechanical Examiners; relating to electrical and mechanical administrators; and providing for an effective date" be waived from the Rules Committee and taken up at this time. Senator Jacko moved and asked unanimous consent that his motion be withdrawn. Without objection, it was so ordered. 1993-05-11 Senate Journal Page 2350 HB 64 Senator Taylor moved and asked unanimous consent that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 64(FIN) am S which had been placed in the Pending File on the Secretary's desk (page 2038) be taken up at this time. Without objection, it was so ordered. HOUSE BILLS IN THIRD READING HB 64 SENATE CS FOR CS FOR HOUSE BILL NO. 64(FIN) am S(Anti- stalking; efd) was before the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the Senate rescind its previous action in passing SENATE CS FOR CS FOR HOUSE BILL NO. 64(FIN) am S. Without objection, the Senate rescinded its previous action. Senator Taylor moved and asked unanimous consent that the Senate rescind its previous action in adopting the Senate Committee Substitute to CS FOR HOUSE BILL NO. 64(FIN). Without objection, the Senate rescinded its previous action. Senator Donley moved and asked unanimous consent that the Judiciary Committee Letter of Intent offered on page 1026 be adopted. Without objection, the Senate Letter of Intent was adopted. Senators Rieger, Taylor moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 64(FIN) was before the Senate and read a third time. The question to be reconsidered: "Shall CS FOR HOUSE BILL NO. 64(FIN) "An Act creating the crimes of stalking in the first and second degrees and providing penalties for their violation; providing a peace officer with the authority to arrest without a warrant a 1993-05-11 Senate Journal Page 2351 HB 64 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" pass the Senate?" The roll was taken with the following result: CSHB 64(FIN) Third Reading - On Reconsideration Effective Date 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. 64(FIN) passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 64(FIN) was signed by the President and Secretary and returned to the House with a Senate Letter of Intent. HOUSE BILLS IN THIRD READING HB 126 Senator Taylor moved and asked unanimous consent that the Senate rescind its previous action in passing 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" (page 2345). Without objection, the Senate rescinded its previous action. 1993-05-11 Senate Journal Page 2352 HB 126 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 126 was before the Senate in third reading on reconsideration. The question to be reconsidered: "Shall 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" pass the Senate?" The roll was taken with the following result: SSHB 126 Third Reading - On Reconsideration YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Adams, Little, Salo and so, SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 126 passed the Senate on reconsideration. SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 126 was signed by the President and Secretary and returned to the House. HB 160 HOUSE BILL NO. 160 am S "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 on today's calendar but not taken up this legislative day. HB 69 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)" was on today's calendar but not taken up this legislative day. 1993-05-11 Senate Journal Page 2353 SB 89 CS FOR SENATE BILL NO. 89(FIN) am "An Act making appropriations for capital project matching grant programs; and providing for an effective date" was on today's calendar but not taken up this legislative day. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT HB 124 SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) am S "An Act establishing capital project matching grant programs for municipalities and unincorporated communities; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 211 HOUSE BILL NO. 211 am S "An Act relating to the municipal tax exemption for inventories intended for export" was engrossed, signed by the President and Secretary and returned to the House for consideration. 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 engrossed, signed by the President and Secretary and returned to the House for consideration. 1993-05-11 Senate Journal Page 2354 ENROLLMENT SB 106 HOUSE CS FOR CS FOR SENATE BILL NO. 106(FIN) "An Act transferring certain projects of and amending and transferring programs of the Alaska Energy Authority to the Department of Community and Regional Affairs; relating to the Alaska Energy Authority; permitting the Alaska Industrial Development and Export Authority to issue revenue bonds for certain plants or facilities for energy resources; permitting utilities to form joint action agencies; authorizing the Alaska Industrial Development and Export Authority to issue revenue bonds for power transmission interties; relating to rates for a public utility that sends or receives power over certain power transmission interties; relating to the power cost equalization and capital improvement fund; amending the purpose of the Railbelt energy fund" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 6:10 p.m., May 11, 1993. SB 126 HOUSE CS FOR CS FOR SENATE BILL NO. 126(FIN) "An Act making appropriations for grants and loans for hydroelectric projects including power transmission interties, to capitalize certain funds for energy grant and loan programs in the state, including the power cost equalization and rural electric capitalization fund, to the Department of Community and Regional Affairs for operating costs related to power projects and programs and to capitalize the Railbelt energy fund" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 6:10 p.m., May 11, 1993. President Halford appointed Senators Taylor and Duncan to call on the House and inform them the Senate was ready to adjourn. 1993-05-11 Senate Journal Page 2355 President Halford appointed Senators Pearce and Sharp to call on the Governor and inform him the Senate was ready to adjourn. Representatives Hudson and Mackie called on the Senate to inform them the House was ready to adjourn and wished them well. ADJOURNMENT Senator Ellis moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., January 10, 1994. Without objection, the Senate adjourned at 9:02 p.m. Nancy Quinto Secretary of the Senate May 1993 1993-05-11 Senate Journal Page 2356 ANNOUNCEMENTS STANDING COMMITTEES FINANCE SENATE FINANCE 518 MAY 11 TUESDAY 9:00 AM HB 168 MULTIPLE PERMITTEE GAMING; PRIZE AMOUNTS ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAY 11 TUESDAY 0:00 AM ...TO MEET AT CALL OF CHAIR... JOINT COMMITTEES LEGISLATIVE BUDGET AND AUDIT HOUSE FINANCE 519 MAY 12 WEDNESDAY 1:30 PM MEETING TO INCLUDE APPROVAL OF MINUTES & RPL'S, PRELIMINARY SPECIAL AUDITS, FINAL AUDITS, DISCUSSION OF INTERIM PLANS & SCHEDULING OF MEETINGS. OTHER COMMITTEES MAJORITY CAUCUS BUTROVICH ROOM 205 MAY 11 TUESDAY 4:00 PM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 MAY 11 TUESDAY 4:00 PM MINORITY CAUCUS ---------------------------------------- CONFERENCE COMMITTEE OF SB 165 SENATE FINANCE 518 MAY 11 TUESDAY 6:00 PM SB 165 APPROP: ALYESKA SETTLEMENT FUND