Legislature(1993 - 1994)
1994-04-11 Senate Journal
Full Journal pdf1994-04-11 Senate Journal Page 3545 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday April 11, 1994 Ninety-second Day Pursuant to adjournment the Senate was called to order by President Halford at 11:23 a.m. The roll showed nineteen members present. Senator Frank was absent. The prayer was offered by the Chaplain, Pastor Kim Poole of the Douglas United Methodist Church. Senator Taylor moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Almighty God, We are grateful this morning for the gift of rain that renews and refreshes the air and the earth, for the gift of rest and relaxation that comes from the weekend. As we begin our work this week lead us and guide us in all we do. Each day we see in the news the strife of other nations in our world. We pray for their leaders and their people and pause to remember just how fragile life is. Give us strength and courage to do the job before us and keep us walking the straight and narrow path that leads to justice and peace and freedom for all. Amen. Senator Phillips led the Senate in the pledge of allegiance. 3545 1994-04-11 Senate Journal Page 3546 CERTIFICATION Senator Taylor moved and asked unanimous consent that the journals for the eighty-ninth, ninetieth and ninety-first legislative days be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 239 Message of April 8 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 239(O&G) "An Act relating to evidence of financial responsibility provided by persons who conduct oil operations; and providing for an effective date." Chapter 12, SLA 1994 Effective Date: 4/9/94 SCR 15 Message of April 8 was read, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 15 Relating to the twenty-eighth annual Boys' State. Legislative Resolve No. 29 SJR 46 Message of April 8 was read, stating the Governor signed the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-04-11 Senate Journal Page 3547 SJR 46 CS FOR SENATE JOINT RESOLUTION NO. 46 (STA) Requesting the United States Congress to provide a waiver for nontaxable diesel fuel sold in Alaska from the requirement that it contain a dye additive. Legislative Resolve No. 31 MESSAGES FROM THE HOUSE HB 69 Message of April 8 was read, stating the Speaker granted limited powers of free conference to the House conferees considering CS FOR HOUSE BILL NO. 69(FIN) and SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) 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)" on the following specific points: (1) The provision in the findings section relating to the balancing of the need for public disclosure with the interests of minor victims. SCS CSHB 69 RULES am S: Bill section 1, lines 9 and 10. No comparable section exists in CSHB 69(FIN). (2) The provisions that relate to the withholding of certain information about sex offenders if such disclosure would compromise the privacy interests of a minor. SCS CSHB 69(RLS) am S: Bill section 5, lines 23 - 28. No comparable section exists in CSHB 69(FIN). Message of April 8 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 365 HOUSE BILL NO. 365 BY REPRESENTATIVES SANDERS, Barnes, entitled: 1994-04-11 Senate Journal Page 3548 HB 365 "An Act extending the termination date of the Board of Barbers and Hairdressers; and providing for an effective date." was read the first time and referred to the Labor and Commerce Committee. HB 448 CS FOR HOUSE BILL NO. 448(RES) BY THE HOUSE RESOURCES COMMITTEE, entitled: "An Act relating to waste and use of salmon and parts of salmon; relating to permits for and operation of a salmon hatchery; and providing for an effective date." was read the first time and referred to the Resources Committee. HB 543 CS FOR HOUSE BILL NO. 543(STA) BY THE HOUSE STATE AFFAIRS COMMITTEE, entitled: "An Act relating to unvented gas space heaters in residential buildings." was read the first time and referred to the Community and Regional Affairs Committee. The presence of Senator Frank was noted. STANDING COMMITTEE REPORTS SCR 14 The Resources Committee considered SPONSOR SUBSTITUTE FOR SENATE CONCURRENT RESOLUTION NO. 14 Relating to the naming of the Harold Z. Hansen Hatchery at Main Bay in Prince William Sound. Signing do pass: Senator Miller, Chair, Senators Adams, Leman. Signing no recommendation: Senator Donley. Previous zero fiscal note. 1994-04-11 Senate Journal Page 3549 SCR 14 SPONSOR SUBSTITUTE FOR SENATE CONCURRENT RESOLUTION NO. 14 was referred to the Rules Committee. SCR 19 The State Affairs Committee considered SENATE CONCURRENT RESOLUTION NO. 19 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Joint Resolution No. 43, relating to a constitutional amendment concerning victims of crime. Signing do pass: Senator Leman, Chair, Senator Miller. Signing no recommendation: Senator Taylor. Zero fiscal note published today from Senate State Affairs Committee. SENATE CONCURRENT RESOLUTION NO. 19 was referred to the Rules Committee. SJR 36 The Finance Committee considered SENATE JOINT RESOLUTION NO. 36 Proposing amendments to the Constitution of the State of Alaska requiring that candidates for governor and candidates for lieutenant governor receive more than 50 percent of the votes cast to be elected and changing the term of office of the governor and the lieutenant governor, and recommended the Judiciary Committee Substitute offered on page 3340 be adopted. Signing do pass: Senators Frank, Pearce, Cochairs, Senators Jacko, Kelly, Rieger, Sharp. Fiscal note for the committee substitute published today from Office of the Governor. SENATE JOINT RESOLUTION NO. 36 was referred to the Rules Committee. 1994-04-11 Senate Journal Page 3550 SJR 50 The State Affairs Committee considered SENATE JOINT RESOLUTION NO. 50 Requesting the governor to file suit in the United States Supreme Court against the United States government alleging violations of the civil rights of Americans listed as prisoners of war or missing in action in Southeast Asia; and requesting the other states to join in this suit. Signing do pass: Senator Leman, Chair, Senator Miller. Signing no recommendation: Senator Taylor. Zero fiscal note published today from Senate State Affairs Committee. SENATE JOINT RESOLUTION NO. 50 was referred to the Rules Committee. SB 113 The Judiciary Committee considered SENATE BILL NO. 113 "An Act making a special appropriation to the constitutional budget reserve fund of certain money obtained in settlement with British Petroleum America for resolution of disputes over taxes arising under the state's worldwide unitary apportionment income tax; and providing for an effective date." Signing do pass: Senator Taylor, Chair, Senators Donley, Little, Jacko. SENATE BILL NO. 113 was referred to the Finance Committee. SB 213 The Judiciary Committee considered SENATE BILL NO. 213 "An Act extending the Alaska Public Utilities Commission and the regulatory cost charge" and recommended it be replaced with CS FOR SENATE BILL NO. 213(JUD), entitled: "An Act extending the Alaska Public Utilities Commission; and relating to regulation of public utilities and to regulatory cost charges; and providing for an effective date." Signing do pass: Senator Taylor, Chair, Senator Jacko. Signing no recommendation: Senators Donley, Little. Previous zero fiscal note applies to the committee substitute. 1994-04-11 Senate Journal Page 3551 SB 213 SENATE BILL NO. 213 was referred to the Finance Committee. SB 215 Forthcoming Finance Committee Substitute for SENATE BILL NO. 215 (page 3522) received today: CS FOR SENATE BILL NO. 215(FIN), entitled: "An Act relating to oil and hazardous substances; redesignating the oil and hazardous substance release response fund and relating to it; repealing the Citizens' Oversight Council on Oil and Other Hazardous Substances and the authority in law by which marine highway vessels may be designed and constructed to aid in oil and hazardous substance spill cleanup in state marine water using money in the oil and hazardous substance release response fund and repealing the authority of the Department of Environmental Conservation to levy and collect fees for review of certain submissions related to oil; altering requirements applicable to liens for recovery of state expenditures related to oil or hazardous substances; terminating the nickel-per-barrel oil conservation surcharge; levying and collecting two new oil surcharges; and providing for the suspension and reimposition of one of the new surcharges; and providing for an effective date." SB 268 The Health, Education and Social Services Committee considered SENATE BILL NO. 268 "An Act relating to facilities for the care of children; to child placement agencies; to maternity homes; to certain residential facilities for adults; and to foster homes for adults; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 268(HES) Signing no recommendation: Senator Rieger, Chair, Senators Miller, Sharp. Signing do pass: Senator Leman. Previous fiscal note applies to the committee substitute. SENATE BILL NO. 268 was referred to the Judiciary Committee. 1994-04-11 Senate Journal Page 3552 SB 275 The Judiciary Committee considered SENATE BILL NO. 275 "An Act relating to the disposal of real property by the Department of Transportation and Public Facilities" and recommended it be replaced with CS FOR SENATE BILL NO. 275(JUD) Signing do pass: Senator Taylor, Chair, Senator Jacko. Signing no recommendation: Senator Donley. Previous zero fiscal notes apply to the committee substitute. SENATE BILL NO. 275 was referred to the Rules Committee. SB 305 The Labor and Commerce Committee considered SENATE BILL NO. 305 "An Act relating to licensure of landscape architects" and recommended it be replaced with CS FOR SENATE BILL NO. 305(L&C) Signing do pass: Senator Kelly, Chair. Signing no recommendation: Senators Rieger, Sharp, Lincoln. Fiscal note for the bill and committee substitute published today from Department of Commerce and Economic Development. SENATE BILL NO. 305 was referred to the Finance Committee. SB 311 The Finance Committee considered SENATE BILL NO. 311 "An Act authorizing a credit against the fishery resource landing tax for certain contributions made by taxpayers not harvesting fisheries resources under a community development quota and for contributions based on fishery resources not harvested under a quota made by taxpayers harvesting fisheries resources under a community development quota, amending the manner of calculating the amount available for revenue sharing by operation of this credit, and expediting agency review of the credit applications under that tax; and providing for an effective date" and recommended it be replaced with 1994-04-11 Senate Journal Page 3553 SB 311 CS FOR SENATE BILL NO. 311(FIN) (CS Forthcoming) Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly, Jacko. Signing no recommendation: Senator Sharp. Previous fiscal note applies to the committee substitute. SENATE BILL NO. 311 was referred to the Rules Committee. SB 339 The Resources Committee considered SENATE BILL NO. 339 "An Act relating to the management of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 339(RES), entitled: "An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date." Signing do pass: Senator Miller, Chair, Senator Leman. Signing no recommendation: Senators Donley, Adams. Previous fiscal note applies to the committee substitute. SENATE BILL NO. 339 was referred to the Judiciary Committee. SB 365 The State Affairs Committee considered SENATE BILL NO. 365 "An Act relating to the improvement of state finances and fiscal accountability by increasing fees, by collecting additional revenue, by reducing certain program expenditures by changing services or eligibility requirements for programs, by changing certain statutory limitation periods, by providing for use of certain electronic records, by making changes to state agency functions or procedures including 1994-04-11 Senate Journal Page 3554 SB 365 certain reporting and planning procedures, and by authorizing extensions for state leases for real property if certain savings can be achieved; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 365(STA) Signing no recommendation: Senator Leman, Chair, Senators Taylor, Miller. Signing do not pass in current form; gross violation of single subject rule: Senator Ellis. Previous fiscal notes and zero fiscal notes apply to the committee substitute. SENATE BILL NO. 365 was referred to the Finance Committee. HB 299 The State Affairs Committee considered CS FOR HOUSE BILL NO. 299(FIN) am "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 14 but not yet 21 years of age; to fees for reinstatement of a driver's license; and providing for an effective date." Signing do pass: Senator Leman, Chair, Senators Miller, Taylor. Previous House fiscal note and zero fiscal note. CS FOR HOUSE BILL NO. 299(FIN) am was referred to the Judiciary Committee. HB 331 The Health, Education and Social Services Committee considered HOUSE BILL NO. 331 am "An Act relating to claims on permanent fund dividends for defaulted public assistance overpayments." Signing do pass: Senator Rieger, Chair, Senators Leman, Sharp, Miller. Signing no recommendation: Senator Ellis. Previous House fiscal notes and zero fiscal note. HOUSE BILL NO. 331 am was referred to the Judiciary Committee. 1994-04-11 Senate Journal Page 3555 HB 402 The State Affairs Committee considered HOUSE BILL NO. 402 "An Act requiring that an owner's motor vehicle liability insurance policy used as proof of financial responsibility designate by description or appropriate reference the motor vehicles it covers; and providing for an effective date." Signing do pass: Senator Leman, Chair, Senator Miller. Signing do not pass: Senator Taylor. Zero fiscal note published today from Department of Natural Resources. Previous House zero fiscal notes. HOUSE BILL NO. 402 was referred to the Judiciary Committee. HB 497 The State Affairs Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 497(CRA)(title am) "An Act relating to the titles that describe the two principal executive officers of electric and telephone cooperatives." Signing do pass: Senator Leman, Chair. Signing no recommendation: Senator Miller. Signing no recommendation, no respect: Senator Taylor. Previous House zero fiscal note. CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 497(CRA)(title am) was referred to the Labor and Commerce Committee. HB 504 The State Affairs Committee considered HOUSE BILL NO. 504 "An Act relating to sale of alcoholic beverages to military personnel who are guests in certain clubs." Signing no recommendation: Senator Leman, Chair, Senator Miller. Signing do pass: Senator Taylor. Previous House zero fiscal note. HOUSE BILL NO. 504 was referred to the Rules Committee. SB 190 The Rules Committee considered SENATE BILL NO. 190 "An Act relating to income withholding and other methods of enforcement for orders of support; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Little, Jacko. 1994-04-11 Senate Journal Page 3556 SB 190 SENATE BILL NO. 190 is on today's calendar. SB 227 The Rules Committee considered SENATE BILL NO. 227 "An Act relating to terminal rental adjustment clauses for motor vehicles and trailers." Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff. SENATE BILL NO. 227 is on today's calendar. SB 293 The Rules Committee considered SENATE BILL NO. 293 "An Act relating to the authority of the commissioner of natural resources to reconvey, or relinquish an interest in, land to the United States if that land or interest being reconveyed or relinquished is identified in an amended application for a land allotment under federal law." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senator Little. SENATE BILL NO. 293 is on today's calendar. SB 342 The Rules Committee considered SENATE BILL NO. 342 "An Act relating to risk based capital for insurers; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senator Little. SENATE BILL NO. 342 is on today's calendar. SB 355 The Rules Committee considered SENATE BILL NO. 355 "An Act relating to errors in surveys of land." Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff. SENATE BILL NO. 355 is on today's calendar. 1994-04-11 Senate Journal Page 3557 SB 366 The Rules Committee considered SENATE BILL NO. 366 "An Act relating to medical support for children; allowing a member of the teachers' retirement system or the public employees' retirement system to assign to a Medicaid-qualifying trust the member's right to receive a monetary benefit from the system; relating to the effect of a Medicaid-qualifying trust on the eligibility of a person for Medicaid; relating to the recovery of certain Medicaid payments from estates and trusts; requiring persons who receive Medicaid services to be liable for sharing in the cost of those services to the extent allowed under federal law and regulations; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senator Little. SENATE BILL NO. 366 is on today's calendar. SPECIAL COMMITTEE REPORTS HB 69 April 8, 1994 Mr. President: Madam Speaker: The Conference Committee considering CS FOR HOUSE BILL NO. 69(FIN) and SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) 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)" requests limited powers of free conference under Rule 42(a) to resolve differences on specific points. (See specific points, Senate Journal page 3547). Signing the report: Representative Phillips, Chair, House Conferees; Senator Taylor, Chair, Senate Conferees. President Halford granted the Senate members limited powers of free conference as requested. The House granted limited powers of free conference to House members on April 8. The Secretary was requested to notify the House. 1994-04-11 Senate Journal Page 3558 CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 190 SENATE BILL NO. 190 "An Act relating to income withholding and other methods of enforcement for orders of support; and providing for an effective date" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 3463. Without objection, CS FOR SENATE BILL NO. 190(FIN) was adopted. CS FOR SENATE BILL NO. 190(FIN) was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 190(FIN) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 190(FIN) was read the third time. Senator Pearce moved and asked unanimous consent that the Finance Committee Letter of Intent offered on page 3463 be adopted as a Senate Letter of Intent. Senator Lincoln objected, then withdrew her objection. There being no further objections, the Senate Letter of Intent was adopted. Senator Pearce called the Senate. The call was satisfied. The question being: "Shall CS FOR SENATE BILL NO. 190(FIN) "An Act relating to income withholding and other methods of enforcement for orders of support; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1994-04-11 Senate Journal Page 3559 SB 190 CSSB 190(FIN) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams, Duncan, Lincoln Duncan changed from "Yea" to "Nay". and so, CS FOR SENATE BILL NO. 190(FIN) 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. Senator Adams gave notice of reconsideration. SB 227 SENATE BILL NO. 227 "An Act relating to terminal rental adjustment clauses for motor vehicles and trailers" was read the second time. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 227 be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 227 was read the third time. The question being: "Shall SENATE BILL NO. 227 "An Act relating to terminal rental adjustment clauses for motor vehicles and trailers" pass the Senate?" The roll was taken with the following result: 1994-04-11 Senate Journal Page 3560 SB 227 SB 227 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, SENATE BILL NO. 227 passed the Senate. SENATE BILL NO. 227 was referred to the Secretary for engrossment. SB 293 SENATE BILL NO. 293 "An Act relating to the authority of the commissioner of natural resources to reconvey, or relinquish an interest in, land to the United States if that land or interest being reconveyed or relinquished is identified in an amended application for a land allotment under federal law" was read the second time. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 293 be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected, then withdrew his objection. There being no further objections, it was so ordered. SENATE BILL NO. 293 was read the third time. The question being: "Shall SENATE BILL NO. 293 "An Act relating to the authority of the commissioner of natural resources to reconvey, or relinquish an interest in, land to the United States if that land or interest being reconveyed or relinquished is identified in an amended application for a land allotment under federal law" pass the Senate?" The roll was taken with the following result: SB 293 Third Reading - Final Passage 1994-04-11 Senate Journal Page 3561 SB 293 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, SENATE BILL NO. 293 passed the Senate. Senator Zharoff moved and asked unanimous consent that he be shown as a cosponsor on the bill. Without objection, it was so ordered. SENATE BILL NO. 293 was referred to the Secretary for engrossment. SB 342 SENATE BILL NO. 342 "An Act relating to risk based capital for insurers; and providing for an effective date" was read the second time. Senator Kelly moved and asked unanimous consent for the adoption of the Labor and Commerce Committee Substitute offered on page 3266. Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 342(L&C) was adopted. CS FOR SENATE BILL NO. 342(L&C) was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 342(L&C) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 342(L&C) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 342(L&C) "An Act relating to risk based capital for insurers; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1994-04-11 Senate Journal Page 3562 SB 342 CSSB 342(L&C) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams and so, CS FOR SENATE BILL NO. 342(L&C) passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Adams gave notice of reconsideration. SB 355 SENATE BILL NO. 355 "An Act relating to errors in surveys of land" was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 3425. Without objection, CS FOR SENATE BILL NO. 355(RES) was adopted. CS FOR SENATE BILL NO. 355(RES) was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 355(RES) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 355(RES) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 355(RES) "An Act relating to errors in surveys of land" pass the Senate?" The roll was taken with the following result: 1994-04-11 Senate Journal Page 3563 SB 355 CSSB 355(RES) Third Reading - Final Passage YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Frank, Jacko, Kelly, Leman, Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Duncan, Ellis, Halford, Kerttula, Phillips and so, CS FOR SENATE BILL NO. 355(RES) passed the Senate. CS FOR SENATE BILL NO. 355(RES) was referred to the Secretary for engrossment. SB 366 SENATE BILL NO. 366 "An Act relating to medical support for children; allowing a member of the teachers' retirement system or the public employees' retirement system to assign to a Medicaid-qualifying trust the member's right to receive a monetary benefit from the system; relating to the effect of a Medicaid-qualifying trust on the eligibility of a person for Medicaid; relating to the recovery of certain Medicaid payments from estates and trusts; requiring persons who receive Medicaid services to be liable for sharing in the cost of those services to the extent allowed under federal law and regulations; and providing for an effective date" was read the second time. Senator Frank moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 3463. Senator Ellis objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 366(FIN) "An Act relating to medical support and health insurance coverage for children; allowing a member of the teachers' retirement system or the public employees' retirement system to assign to a Medicaid-qualifying trust the member's right to receive a monetary benefit from the system; relating to the effect of a Medicaid-qualifying trust on the eligibility of a person for Medicaid; relating to the recovery of certain 1994-04-11 Senate Journal Page 3564 SB 366 Medicaid payments from estates and trusts; requiring persons who receive Medicaid services to be liable for sharing in the cost of those services to the extent allowed under federal law and regulations; and providing for an effective date" was adopted. Senator Duncan called the Senate. President Halford stated the call was satisfied. CS FOR SENATE BILL NO. 366(FIN) was read the second time. Senator Duncan offered Amendment No. 1 : Page 10, line 17: Delete: Section 20 in its entirety Renumber sections accordingly. Senator Duncan moved for the adoption of Amendment No. 1. Objections were heard. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 366(FIN) Second Reading Amendment No. 1 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Donley changed from "Nay" to "Yea". and so, Amendment No. 1 failed. 1994-04-11 Senate Journal Page 3565 SB 366 Senator Sharp offered Amendment No. 2 : Page 9, line 6, after "income": Insert: ", whether by assignment or after receipt of the income," Senator Sharp moved for the adoption of Amendment No. 2. Senator Adams objected, then withdrew his objection. There being no further objections, Amendment No. 2 was adopted. Senator Salo moved that CS FOR SENATE BILL NO. 366(FIN) am be referred to the Health, Education and Social Services Committee. Senator Kelly objected. The question being: "Shall CS FOR SENATE BILL NO. 366(FIN) am be referred to the Health, Education and Social Services Committee?" The roll was taken with the following result: CSSB 366(FIN) am Second Reading Refer to HES Committee? YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, the motion failed. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 366(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. The question being: "Shall CS FOR SENATE BILL NO. 366(FIN) am be advanced to third reading?" The roll was taken with the following result: 1994-04-11 Senate Journal Page 3566 SB 366 CSSB 366(FIN) am Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the bill failed to advance to third reading. UNFINISHED BUSINESS SB 312 Senator Adams requested that the reconsideration on CS FOR SENATE BILL NO. 312(HES) "An Act relating to school construction grants and to interscholastic school activities; and providing for an effective date" be taken up. SENATE BILLS IN THIRD READING SB 312 CS FOR SENATE BILL NO. 312(HES) was before the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 312(HES) be held on reconsideration to the April 12 calendar. Without objection, it was so ordered. CITATIONS Honoring - Craig Academic Decathlon Team by Senator(s) Zharoff, Leman, Little, Pearce, Duncan, Kerttula, Ellis, Lincoln Representative(s) Mackie Senator Taylor moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. 1994-04-11 Senate Journal Page 3567 UNFINISHED BUSINESS SB 254 Senator Frank moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 254 "An Act relating to civil actions; amending Alaska Rules of Civil Procedure 49, 68, and 82; and providing for an effective date." Without objection, it was so ordered. SB 190 Zero fiscal note for CS FOR SENATE BILL NO. 190(FIN) "An Act relating to income withholding and other methods of enforcement for orders of support; and providing for an effective date" published today from Alaska Court System. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 227 SENATE BILL NO. 227 "An Act relating to terminal rental adjustment clauses for motor vehicles and trailers" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 293 SENATE BILL NO. 293 "An Act relating to the authority of the commissioner of natural resources to reconvey, or relinquish an interest in, land to the United States if that land or interest being reconveyed or relinquished is identified in an amended application for a land allotment under federal law" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 355 CS FOR SENATE BILL NO. 355(RES) "An Act relating to errors in surveys of land" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1994-04-11 Senate Journal Page 3568 ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 12, 1994. Without objection, the Senate adjourned at 1:10 p.m. Nancy Quinto Secretary of the Senate April 1994 1994-04-11 Senate Journal Page 3569 ANNOUNCEMENTS STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 APR 12 TUESDAY 9:00 AM SB 372 ALCOHOLIC BEVERAGES: LOCAL OPTION & MISC. APR 14 THURSDAY 9:00 AM BILLS PREVIOUSLY HEARD ---------------------------------------- FINANCE SENATE FINANCE 518 APR 11 MONDAY 9:00 AM HB 505 APPROP: BUDGET RESERVE FUND TO GEN.FUND HB 199 OIL & GAS EXPLORATION LICENSES/LEASES <BILL HELD OVER TO 04/12/94> ****** RECESSED TO CALL OF CHAIR ****** SB 308 ADMIN ACTION RE LAND/RESOURCES/PROPERTY BILLS PREVIOUSLY HEARD APR 12 TUESDAY 9:00 AM HB 199 OIL & GAS EXPLORATION LICENSES/LEASES <BILL HELD OVER FROM 04/11/94> SB 67 MENTAL HEALTH TRUST AMENDMENTS SB 40 GROUP HEALTH INS. FOR SMALL EMPLOYERS SB 370 ALLOW GAMBLING ON CRUISE SHIPS APR 13 WEDNESDAY 8:30 AM ** TIME CHANGE ** SB 369 STATE BLDG MAINTENANCE;REPEAL ART PROGRAM SB 373 "S.A.F.E." COMMISSION SB 228 NO BAIL FOR FELONS W/PREVIOUS CONVICTIONS SB 292 INTERSTATE TRANSFERS OF INMATES APR 14 THURSDAY 9:00 AM SB 357 REQUIRED REPORTS OF STATE AGENCIES HB 65 FINANCIAL ADMINISTRATION OF STATE GOVT. SB 240 MUNICIPAL TAX CREDIT/HABITAT PROTECTION APR 15 FRIDAY 9:00 AM BILLS PREVIOUSLY HEARD APR 16 SATURDAY 10:00 AM BILLS PREVIOUSLY HEARD ---------------------------------------- 1994-04-11 Senate Journal Page 3570 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 11 MONDAY 1:45 PM ** TIME CHANGE ** SB 21 MISC. GRANDPARENT VISITATION RIGHTS SB 296 EXTEND FOSTER CARE REVIEW PANEL SB 298 LICENSING OF PHYSICIANS SB 195 PHYSICAL/OCCUPATIONAL THERAPY BOARDS EXT. <5-DAY RULE WAIVED ON ABOVE BILL> BILLS PREVIOUSLY HEARD APR 13 WEDNESDAY 1:30 PM SB 323 VIDEOTAPE ALL INTERVIEWS OF ABUSED MINORS SB 346 REPORT CHARITABLE GAMING WINNERS SJR 48 FEDERAL IMPEDIMENTS TO WELFARE REFORM BILLS PREVIOUSLY HEARD APR 15 FRIDAY 1:30 PM HB 472 REFERRALS INVOLVING DENTAL SERVICES HB 339 NO CENSORSHIP: AMERICAN HISTORY DOCUMENTS HJR 54 SUPPORT MEDICAL SAVINGS ACCT LEGIS BILLS PREVIOUSLY HEARD ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 11 MONDAY 1:30 PM BILLS PREVIOUSLY HEARD SB 327 TAX ON RESIDUAL MARINE FUEL OIL SB 302 UNIFORM INTERSTATE FAMILY SUPPORT ACT SB 362 OMNIBUS INSURANCE REFORM APR 13 WEDNESDAY 1:30 PM BILLS PREVIOUSLY HEARD HB 397 TAXING POWER OF SECOND CLASS CITIES SB 372 ALCOHOLIC BEVERAGES: LOCAL OPTION & MISC. <PENDING REFERRAL> APR 15 FRIDAY 1:30 PM BILLS PREVIOUSLY HEARD HB 79 DAMAGE TO PROPERTY BY MINORS HJR 50 NPFMC COMPREHENSIVE RATIONALIZATION PLAN ---------------------------------------- 1994-04-11 Senate Journal Page 3571 LABOR & COMMERCE FAHRENKAMP ROOM 203 APR 12 TUESDAY 1:30 PM SB 313 HEALTH INS. FOR HIGH RISK RESIDENTS HB 54 TELEPHONE CONSUMER PROTECTION HB 403 AUTOMOTIVE LIABILITY INSURANCE COVERAGE HB 439 UNIFORM FRAUDULENT TRANSFER ACT HB 358 MOBILE HOME CERTIFICATES OF TITLE APR 14 THURSDAY 1:30 PM HB 300 LIABILITY: COMMERCIAL RECREATION ACTIVITY HB 330 FUEL STATE AUTO FLEET WITH NATURAL GAS HB 386 RETIREMENT RTS:HRLY LEGISLATIVE EMPLOYEES APR 19 TUESDAY 1:30 PM CONFIRMATION OF APPOINTMENTS HB 221 WORKERS COMP:VOLUNTEER FIRE FIGHTERS, ETC ---------------------------------------- RESOURCES BUTROVICH ROOM 205 APR 11 MONDAY 3:30 PM CONFIRMATION OF GOVERNOR'S APPOINTMENTS APR 13 WEDNESDAY 3:30 PM SB 371 MINERAL EXPLORATION INCENTIVE CREDITS HB 462 MINING REQUIREMENTS:RECORDING/LABOR/SIZE SB 374 MATERIAL SITES FOR TIMBER OPERATIONS BILLS PREVIOUSLY HEARD APR 15 FRIDAY 3:30 PM SB 328 TEMP TRANSFER OF ENTRY PERMITS HB 398 LAND CONVEYED TO & FROM MUNICIPALITIES BILLS PREVIOUSLY HEARD ---------------------------------------- RULES FAHRENKAMP ROOM 203 APR 11 MONDAY 0:00 AM *** TO MEET UPON ADJOURNMENT *** HCR 24 SUPPORT SUIT AGAINST FEDERAL GOVERNMENT HCR 25 STATE INDUSTRIAL MATERIALS EXCHANGE SB 248 ASSIST & PROTECT VULNERABLE ADULTS HJR 62 UNFUNDED FEDERAL MANDATES SB 215 OIL/HAZARDOUS SUBS. RELEASE RESPONSE FUND SCR 14 NAME HATCHERY AT MAIN BAY: H.Z. HANSEN SCR 19 SUSPEND UNIFORM RULES FOR HJR 43 SJR 50 SUIT RE POWS & MIAS AGAINST U.S. & OTHERS ---------------------------------------- 1994-04-11 Senate Journal Page 3572 STATE AFFAIRS BUTROVICH ROOM 205 APR 11 MONDAY 9:00 AM SJR 50 SUIT RE POWS & MIAS AGAINST U.S. & OTHERS SCR 19 SUSPEND UNIFORM RULES FOR HJR 43 HB 491 REPORTS BY SCIENCE & TECH FOUNDATION HB 299 DRIVER'S LIC REVOCATION;ALCOHOL/DRUGS HB 497 OFFICERS OF UTILITY COOPERATIVES HB 504 SALE OF ALCOHOL IN CLUBS APR 13 WEDNESDAY 9:00 AM SB 199 ELECTIONS EMPLOYEES IN CLASSIFIED SERVICE SB 244 PERMANENT FUND INVESTMENTS - LTD PARTNERS HB 347 STATE LONG-TERM PLANNING HB 277 INDEMNIFICATION OF PUBLIC EMPLOYEES BILLS PREVIOUSLY HEARD APR 15 FRIDAY 9:00 AM HJR 63 U.N. MEMBERSHIP REPUBLIC OF CHINA/TAIWAN HB 494 ALASKA PENSION INVESTMENT AUTHORITY <BILL POSTPONED TO 04/18/94> BILLS PREVIOUSLY HEARD APR 18 MONDAY 9:00 AM HB 494 ALASKA PENSION INVESTMENT AUTHORITY BILLS PREVIOUSLY HEARD ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 APR 12 TUESDAY 3:30 PM BILLS PREVIOUSLY HEARD SB 166 DRIVER'S LICENSE REVOCATION HB 183 TRANSPORTATION CORRIDOR: FAIRBANKS-NOME APR 14 THURSDAY 3:30 PM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES ADMINISTRATION BUTROVICH ROOM 205 APR 14 THURSDAY 2:30 PM BUDGET CLOSEOUT APR 15 FRIDAY 2:00 PM SENATE FINANCE ROOM 518 BUDGET CLOSEOUT ---------------------------------------- 1994-04-11 Senate Journal Page 3573 FINANCE SUBCOMMITTEES CONTINUED COMMERCE & ECONOMIC DEVELOPMENT SENATE FINANCE 518 APR 13 WEDNESDAY 1:00 PM BUDGET CLOSEOUT ---------------------------------------- COMMUNITY & REGIONAL AFFAIRS FAHRENKAMP ROOM 203 APR 13 WEDNESDAY 4:00 PM BUDGET CLOSEOUT APR 15 FRIDAY 4:00 PM BUDGET CLOSEOUT <IF NECESSARY> ---------------------------------------- CORRECTIONS SENATE FINANCE 518 APR 11 MONDAY 5:00 PM PRESENTATION OF RECOMMENDED FY 95 BUDGET ..FOR PUBLIC COMMENT ---------------------------------------- COURT SYSTEM BELTZ ROOM 211 APR 14 THURSDAY 4:30 PM BUDGET CLOSEOUT ---------------------------------------- EDUCATION BELTZ ROOM 211 APR 15 FRIDAY 3:30 PM BUDGET CLOSEOUT ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 518 APR 14 THURSDAY 8:00 AM BUDGET CLOSEOUT APR 15 FRIDAY 2:30 PM BUDGET CLOSEOUT ---------------------------------------- FISH AND GAME SENATE FINANCE 518 APR 12 TUESDAY 5:00 PM BUDGET CLOSEOUT ---------------------------------------- 1994-04-11 Senate Journal Page 3574 FINANCE SUBCOMMITTEES CONTINUED GOVERNOR BELTZ ROOM 211 APR 13 WEDNESDAY 5:00 PM BUDGET CLOSEOUT ---------------------------------------- HEALTH & SOCIAL SERVICES SENATE FINANCE 518 APR 14 THURSDAY 3:30 PM BUDGET CLOSEOUT ---------------------------------------- LABOR BELTZ ROOM 211 APR 13 WEDNESDAY 4:15 PM BUDGET CLOSEOUT ---------------------------------------- LAW BELTZ ROOM 211 APR 13 WEDNESDAY 3:30 PM BUDGET CLOSEOUT ---------------------------------------- LEGISLATURE SENATE FINANCE 518 APR 13 WEDNESDAY 2:30 PM PRESENTATION OF RECOMMENDED FY 95 BUDGET ..FOR PUBLIC COMMENT ---------------------------------------- MILITARY & VETERANS AFFAIRS FAHRENKAMP ROOM 203 APR 12 TUESDAY 4:00 PM BUDGET CLOSEOUT APR 14 THURSDAY 4:00 PM BUDGET CLOSEOUT <IF NECESSARY> ---------------------------------------- NATURAL RESOURCES SENATE FINANCE 518 APR 12 TUESDAY 3:45 PM BUDGET CLOSEOUT ---------------------------------------- 1994-04-11 Senate Journal Page 3575 FINANCE SUBCOMMITTEES CONTINUED PUBLIC SAFETY BUTROVICH ROOM 205 APR 12 TUESDAY 3:30 PM BUDGET CLOSEOUT ---------------------------------------- REVENUE BELTZ ROOM 211 APR 11 MONDAY 8:30 PM BUDGET CLOSEOUT ---------------------------------------- TRANSPORTATION & PUBLIC FACILITIES BELTZ ROOM 211 APR 14 THURSDAY 3:30 PM BUDGET CLOSEOUT <RESCHEDULED FROM 04/07/94> ---------------------------------------- UNIVERSITY OF ALASKA SENATE FINANCE 518 APR 13 WEDNESDAY 5:30 PM BUDGET CLOSEOUT JOINT COMMITTEES SELECT CMTE ON LEGISLATIVE ETHICS BELTZ ROOM 211 APR 14 THURSDAY 1:00 PM COMMITTEE OF THE WHOLE ..OPEN SESSION ..EXECUTIVE SESSION ..OPEN SESSION APR 15 FRIDAY 8:00 AM COMMITTEE OF THE WHOLE ..OPEN SESSION HOUSE SUBCOMMITTEE ..EXECUTIVE SESSION LEGAL SERVICES SUBCOMMITTEE ..EXECUTIVE SESSION 1994-04-11 Senate Journal Page 3576 OTHER COMMITTEES CHILDREN'S CAUCUS BUTROVICH ROOM 205 APR 13 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS APR 27 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS ---------------------------------------- CONFERENCE COMMITTEE ON SB 54 HOUSE JUDICIARY 120 APR 13 WEDNESDAY 4:00 PM SB 54 OFFENSES BY JUVENILE OFFENDERS