Legislature(1993 - 1994)
1994-04-20 Senate Journal
Full Journal pdf1994-04-20 Senate Journal Page 3797 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Wednesday April 20, 1994 One Hundred First Day Pursuant to adjournment the Senate was called to order by President Halford at 11:27 a.m. The roll showed seventeen members present. Senator Jacko was excused from a call of the Senate until plane time. Senators Donley, Frank were absent. The prayer was offered by the Chaplain, the Reverend Wilson Valentine of St. Brendan's Episcopal Church. Senator Taylor moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. All knowing God, in whom rests the power of life and death, the control for beginnings and endings and the force behind creation and destruction; our understanding of You is limited. Lead our agendas, assist us in our decisions, focus all of our efforts, so that all of our work begun and ended is in accord with Your divine will, in harmony with Your creation, and shows respect for other people; for human knowledge is powerful and that human power needs Your guidance. Direct us in all things this day. Amen. Senator Kelly led the Senate in the pledge of allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundredth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. 3797 1994-04-20 Senate Journal Page 3798 Senator Ellis moved and asked unanimous consent that Senator Donley be excused from a call of the Senate through April 22, because of a family medical emergency. Without objection, Senator Donley was excused. MESSAGES FROM THE GOVERNOR SCR 17 Message of April 19 was read, stating the Governor read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE CONCURRENT RESOLUTION NO. 17(STA) am Honoring Alaskan Tommy Moe for winning gold and silver medals at the 1994 Winter Olympic Games in Lillehammer, Norway. Legislative Resolve No. 30 SCR 21 Message of April 19 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. 21 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 505, making appropriations. Legislative Resolve No. 32 HCR 24 Message of April 19 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: 1994-04-20 Senate Journal Page 3799 HCR 24 CS FOR HOUSE CONCURRENT RESOLUTION NO. 24(JUD) am Supporting the governor's decision to authorize a suit against the United States government for violating the Alaska Statehood Act and the Alaska Statehood Compact. Legislative Resolve No. 33 MESSAGES FROM THE HOUSE HB 69 Message dated April 19 was read, stating the House has adopted the report of the Conference Committee with limited powers of free conference considering CS FOR HOUSE BILL NO. 69(FIN) and SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) am S, thus passing: CONFERENCE CS FOR HOUSE BILL NO. 69 "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." HB 306 Message of April 19 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 306(RES) thus passing: CS FOR HOUSE BILL NO. 306(RES) am S "An Act relating to an optional municipal tax credit for costs of certain river habitat protection improvements." SCR 13 Message of April 19 was read, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 13 Relating to the Gold Rush Centennial Decade. 1994-04-20 Senate Journal Page 3800 SCR 13 SENATE CONCURRENT RESOLUTION NO. 13 was referred to the Secretary for enrollment. SB 141 Message of April 19 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 141(L&C) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) "An Act relating to workers' compensation coverage for certain high school students in uncompensated work-study programs." 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. 141(L&C)?" The roll was taken with the following result: HCS CSSB 141(FIN) Shall the Senate Concur in the House Amendment to CSSB 141(L&C)? YEAS: 16 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Adams, Duncan, Ellis, Halford, Kelly, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Donley, Jacko Absent: Frank, Kerttula and so, the Senate concurred in the House amendments, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) "An Act relating to workers' compensation coverage for certain high school students in uncompensated work-study programs." The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) was referred to the Secretary for enrollment. 1994-04-20 Senate Journal Page 3801 SCR 16 Message of April 19 was read, stating the House passed SENATE CONCURRENT RESOLUTION NO. 16 with the following amendment: Page 1, line 16, after "use": Insert "without restriction, except as provided by law" and so, SENATE CONCURRENT RESOLUTION NO. 16 am H Relating to release of nonproprietary geographic information system files in possession of the state. is transmitted for consideration. Senator Taylor moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment to SENATE CONCURRENT RESOLUTION NO. 16?" The roll was taken with the following result: SCR 16 am H Shall the Senate Concur in the House Amendment to SCR 16? YEAS: 16 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Adams, Duncan, Ellis, Halford, Kelly, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Donley, Jacko Absent: Frank, Kerttula and so, the Senate concurred in the House amendment, thus passing SENATE CONCURRENT RESOLUTION NO. 16 am H Relating to release of nonproprietary geographic information system files in possession of the state. 1994-04-20 Senate Journal Page 3802 SCR 16 The Secretary was requested to notify the House. SENATE CONCURRENT RESOLUTION NO. 16 am H was referred to the Secretary for enrollment. Message of April 19 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 351 CS FOR HOUSE BILL NO. 351(FIN) am(efd add) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to permits for the carrying of a concealed handgun; providing for local option elections in municipalities and established villages to prohibit the possession of a concealed handgun under a permit; and relating to the possession of weapons; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. STANDING COMMITTEE REPORTS SB 213 Forthcoming Finance Committee Substitute (page 3777) for SENATE BILL NO. 213 "An Act extending the Alaska Public Utilities Commission and the regulatory cost charge" received today: CS FOR SENATE BILL NO. 213(FIN), entitled: "An Act extending the Alaska Public Utilities Commission; relating to regulation of public utilities and to regulatory cost charges; and providing for an effective date." 1994-04-20 Senate Journal Page 3803 SB 298 The Labor and Commerce Committee considered SENATE BILL NO. 298 "An Act relating to licensure by the State Medical Board" and recommended the Health, Education and Social Services Committee Substitute offered on page 3581 be adopted. Signing do pass: Senator Kelly, Chair, Senators Sharp, Rieger, Salo. Signing no recommendation: Senator Lincoln. Previous fiscal note. SENATE BILL NO. 298 was referred to the Judiciary Committee. SB 305 The Finance 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(FIN) Signing no recommendation: Senators Pearce, Frank, Cochairs, Senators Kelly, Rieger, Kerttula, Sharp. Previous fiscal note applies to the committee substitute. SENATE BILL NO. 305 was referred to the Rules Committee. SB 333 Forthcoming fiscal note (page 3778) for Finance Committee Substitute for SENATE BILL NO. 333 "An Act relating to disclosure of close economic associations by certain state employees and to the prohibition against nepotism in the executive branch of state government; and providing for an effective date" published today from Department of Administration. SB 338 The Finance Committee considered SENATE BILL NO. 338 "An Act relating to the issuance of revenue bonds for acquisition and construction of the Alaska Discovery Center for the Ship Creek Project in Anchorage; relating to a study of the feasibility and financial viability of the Alaska Discovery Center; relating to construction of the Alaska Discovery Center; and providing for an effective date" and recommended it be replaced with 1994-04-20 Senate Journal Page 3804 SB 338 CS FOR SENATE BILL NO. 338(FIN) "An Act relating to the issuance of revenue bonds for acquisition and construction of the Northern Crossroads Discovery Center for the Ship Creek Landings Project; relating to a study of the feasibility and financial viability of the Northern Crossroads Discovery Center; relating to construction of the Northern Crossroads Discovery Center; and providing for an effective date." Signing no recommendation: Senators Pearce, Frank, Cochairs, Senator Sharp. Signing do pass: Senators Kelly, Rieger. Previous zero fiscal note applies to the committee substitute. SENATE BILL NO. 338 was referred to the Rules Committee. SB 343 The Transportation Committee considered SENATE BILL NO. 343 "An Act relating to the operation of courtesy cars at certain airports" and recommended it be replaced with CS FOR SENATE BILL NO. 343(TRA) Signing do pass: Senator Sharp, Chair, Senators Kelly, Phillips. Previous zero fiscal note applies to the committee substitute. SENATE BILL NO. 343 was referred to the Rules Committee. SB 373 The Finance Committee considered SENATE BILL NO. 373 "An Act relating to a comprehensive state financial plan and to the Solving Alaska's Fiscal Emergency (S.A.F.E.) Commission; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 373(FIN), entitled: "An Act relating to a comprehensive state financial plan and to the Solving Alaska's Fiscal Exigency (S.A.F.E.) Commission; and providing for an effective date." 1994-04-20 Senate Journal Page 3805 SB 373 Signing do pass: Senator Pearce, Cochair, Senator Kelly. Signing no recommendation: Senator Frank, Cochair, Senators Rieger, Sharp. Fiscal note for the committee substitute published today from Legislative Affairs Agency. SENATE BILL NO. 373 was referred to the Rules Committee. HB 49 The Finance Committee considered CS FOR HOUSE BILL NO. 49(FIN) am "An Act relating to absentee voting, to electronic transmission of absentee ballot applications, to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term `state election' for purposes of absentee voting; and providing for an effective date" and recommended the State Affairs Senate Committee Substitute offered on page 3391 be adopted. Signing no recommendation: Senators Pearce, Frank, Cochairs, Senator Rieger. Signing do pass: Senators Kelly, Sharp. Signing do not pass: Senator Kerttula. Previous House fiscal note. CS FOR HOUSE BILL NO. 49(FIN) am was referred to the Rules Committee. The presence of Senator Frank was noted. HB 300 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 300(JUD) am "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." Signing do pass: Senator Kelly, Chair, Senator Sharp. Signing no recommendation: Senators Rieger, Salo. Signing no recommendation with amendments: Senator Lincoln. Previous House zero fiscal notes. CS FOR HOUSE BILL NO. 300(JUD) am was referred to the Judiciary Committee. 1994-04-20 Senate Journal Page 3806 HB 327 The Finance Committee considered HOUSE BILL NO. 327 "An Act extending the termination date of the Board of Veterinary Examiners; and providing for an effective date." Signing do pass: Senator Frank, Cochair, Senators Rieger, Kerttula, Sharp. Previous House zero fiscal note. HOUSE BILL NO. 327 was referred to the Rules Committee. HB 407 The Finance Committee considered HOUSE BILL NO. 407 "An Act relating to issuance of commemorative gold rush motor vehicle license plates" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 407(FIN) (technical title change) and further attaches a Senate Finance Committee Letter of Intent. Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly, Rieger, Sharp. Letter of Intent for SCS for HB 407(FIN) It is the intent of Senate Finance Committee that the Department of Public Safety, Division of Motor Vehicles consider changing the colors of the smaller motorcycle and trailer plates to distinguish them from other states. Fiscal note for the Senate Committee Substitute published today from Department of Public Safety. HOUSE BILL NO. 407 was referred to the Rules Committee. 1994-04-20 Senate Journal Page 3807 HB 494 The State Affairs Committee considered CS FOR HOUSE BILL NO. 494(STA) am "An Act changing the Alaska State Pension Investment Board to the Alaska Pension Investment Authority and relating to the authority; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 494(STA) Signing no recommendation: Senator Leman, Chair, Senators Miller, Taylor. Signing do pass: Senators Duncan, Ellis. Previous House fiscal notes and zero fiscal note apply to the Senate Committee Substitute. CS FOR HOUSE BILL NO. 494(STA) am was referred to the Finance Committee. SJR 48 The Rules Committee considered SENATE JOINT RESOLUTION NO. 48 Relating to welfare reform. Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff. Signing no recommendation: Senator Little. SENATE JOINT RESOLUTION NO. 48 is on today's calendar. SB 164 The Rules Committee considered SENATE BILL NO. 164 "An Act relating to municipal incorporation, reclassification, and dissolution" and recommended it be replaced with CS FOR SENATE BILL NO. 164(RLS), entitled: "An Act providing that home rule cities in the unorganized borough are school districts; permitting the Local Boundary Commission to amend petitions for incorporation or proposing municipal boundary changes; applying existing standards of incorporation for boroughs to unified municipalities; applying existing standards of incorporation for first class cities to incorporation of a home rule city; and relating to reclassification of first class or home rule cities to second class cities, to municipal reclassification and to public hearings on reclassification, to formation of home rule cities and unified 1994-04-20 Senate Journal Page 3808 SB 164 municipalities through incorporation, merger, or consolidation, to organization grants and transitional assistance for unified municipalities, to adoption of a home rule charter by a second class city, to dissolution of municipalities, to filing copies of an amended home rule charter, and to regulations of the local boundary commission dealing with standards and procedures for municipal incorporation, annexation, detachment, merger, consolidation, reclassification, and dissolution." Signing to calendar and do pass: Senator Halford, Chair, Senators Rieger, Little, Zharoff. Previous zero fiscal note applies to the committee substitute. SENATE BILL NO. 164 is on today's calendar. HCR 27 The Rules Committee considered HOUSE CONCURRENT RESOLUTION NO. 27 Relating to support for the National Rifle Association's gun safety program for children. Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff. Signing no recommendation: Senator Little. HOUSE CONCURRENT RESOLUTION NO. 27 is on today's calendar. HB 254 The Rules Committee considered CS FOR HOUSE BILL NO. 254(JUD) am(ct rule fld) "An Act relating to open meetings of governmental bodies" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) Signing to calendar and do pass: Senator Halford, Chair, Senator Little. Signing no recommendation: Senators Rieger, Zharoff. Previous zero fiscal note applies to the Senate Committee Substitute. CS FOR HOUSE BILL NO. 254(JUD) am(ct rule fld) is on today's calendar. 1994-04-20 Senate Journal Page 3809 HB 323 The Rules Committee considered CS FOR HOUSE BILL NO. 323(JUD) am "An Act relating to requests for anatomical gifts and to the release of certain information for the purpose of facilitating anatomical gifts." Signing to calendar: Senator Halford, Chair, Senators Little, Rieger, Zharoff. CS FOR HOUSE BILL NO. 323(JUD) am is on today's calendar. HB 453 The Rules Committee considered CS FOR HOUSE BILL NO. 453(FIN) "An Act establishing, for purposes of the levy and collection of the motor fuel tax and for a limited period, a different tax levy on residual fuel oil used in and on certain watercraft; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Little, Rieger, Zharoff. CS FOR HOUSE BILL NO. 453(FIN) is on today's calendar. SPECIAL COMMITTEE REPORTS Report dated April 18 was received from Joseph P. Donahue, Chairman, Select Committee on Legislative Ethics, regarding two advisory opinions, two dismissal orders and legislative guidelines for the Open Meetings Act. HB 69 The following report was received and distributed at 11:38 a.m., April 19: April 18, 1994 Mr. President: Madam Speaker: The CONFERENCE COMMITTEE with limited power of free conference considered 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)" and recommends 1994-04-20 Senate Journal Page 3810 HB 69 CONFERENCE CS FOR HOUSE BILL NO. 69 "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." be adopted. Signing the report: Senator Taylor, Chair, Senators Leman, Donley, Representative Phillips, Chair, Representatives Barnes, Ulmer. Previous Senate fiscal note and zero fiscal notes apply to the Conference Committee Substitute. Senator Taylor moved that the Senate adopt CONFERENCE CS FOR HOUSE BILL NO. 69. Senator Adams objected, then withdrew his objection. The question being: "Shall CONFERENCE CS FOR HOUSE BILL NO. 69 pass the Senate?" The roll was taken with the following result: CONFERENCE CS HB 69 Shall the Senate adopt the Conference Committee Report? Court Rule YEAS: 17 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Halford, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Salo, Sharp, Taylor, Zharoff Nays: Rieger Excused: Donley, Jacko and so, CONFERENCE CS FOR HOUSE BILL NO. 69 "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)" passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule change. Without objection, it was so ordered. 1994-04-20 Senate Journal Page 3811 HB 69 Senator Phillips gave notice of reconsideration. ANNOUNCEMENTS 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 11:59 a.m. AFTER RECESS The Senate reconvened at 1:49 p.m. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 164 SENATE BILL NO. 164 "An Act relating to municipal incorporation, reclassification, and dissolution" was read the second time. Senator Taylor moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 3807. Without objection, CS FOR SENATE BILL NO. 164(RLS) "An Act providing that home rule cities in the unorganized borough are school districts; permitting the Local Boundary Commission to amend petitions for incorporation or proposing municipal boundary changes; applying existing standards of incorporation for boroughs to unified municipalities; applying existing standards of incorporation for first class cities to incorporation of a home rule city; and relating to reclassification of first class or home rule cities to second class cities, to municipal reclassification and to public hearings on 1994-04-20 Senate Journal Page 3812 SB 164 reclassification, to formation of home rule cities and unified municipalities through incorporation, merger, or consolidation, to organization grants and transitional assistance for unified municipalities, to adoption of a home rule charter by a second class city, to dissolution of municipalities, to filing copies of an amended home rule charter, and to regulations of the local boundary commission dealing with standards and procedures for municipal incorporation, annexation, detachment, merger, consolidation, reclassification, and dissolution" was adopted. CS FOR SENATE BILL NO. 164(RLS) was read the second time. Senator Taylor called the Senate. President Halford stated the call was satisfied. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 164(RLS) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 164(RLS) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 164(RLS) "An Act providing that home rule cities in the unorganized borough are school districts; permitting the Local Boundary Commission to amend petitions for incorporation or proposing municipal boundary changes; applying existing standards of incorporation for boroughs to unified municipalities; applying existing standards of incorporation for first class cities to incorporation of a home rule city; and relating to reclassification of first class or home rule cities to second class cities, to municipal reclassification and to public hearings on reclassification, to formation of home rule cities and unified municipalities through incorporation, merger, or consolidation, to organization grants and transitional assistance for unified municipalities, to adoption of a home rule charter by a second class city, to dissolution of municipalities, to filing copies of an amended home rule charter, and to regulations of the local boundary commission dealing with standards and procedures for municipal incorporation, annexation, detachment, merger, consolidation, reclassification, and dissolution" pass the Senate?" The roll was taken with the following result: 1994-04-20 Senate Journal Page 3813 SB 164 CSSB 164(RLS) Third Reading - Final Passage YEAS: 16 NAYS: 2 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Kelly, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Halford, Kerttula Excused: Donley, Jacko and so, CS FOR SENATE BILL NO. 164(RLS) passed the Senate. CS FOR SENATE BILL NO. 164(RLS) was referred to the Secretary for engrossment. SECOND READING OF HOUSE BILLS HB 254 CS FOR HOUSE BILL NO. 254(JUD) am(ct rule fld) "An Act relating to open meetings of governmental bodies" was read the second time. Senator Rieger moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 3808. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) was read the second time. Senator Taylor offered Amendment No. 1 : Page 1, line 1, after "bodies": Insert "; and providing for an effective date" Page 1, lines 3 - 12: Delete all material. 1994-04-20 Senate Journal Page 3814 HB 254 Page 1, line 13: Delete "* Sec. 2." Insert "* Section 1." Renumber the following bill sections accordingly. Page 6, after line 16: Insert new bill sections to read: "* Sec. 9. OPEN MEETINGS COMMITTEE. (a) There is established an open meetings committee consisting of two senators appointed by the president of the senate, two representatives appointed by the speaker of the house of representatives, and two individuals appointed from the Select Committee on Legislative Ethics by its chair. The committee shall consider application of open meetings principles to the legislature and submit a report of its recommendations to the legislature by January5, 1995. The report may include suggested draft legislation to carry out the recommendations of the committee. (b) The committee may meet during the interim. The committee is terminated on January5, 1995. * Sec. 10. AS 24.60.037 is repealed. * Sec. 11. This Act takes effective immediately under AS 01.10.070(c)." Senator Taylor moved for the adoption of Amendment No. 1. Senator Ellis objected. Senator Kelly offered amendment to Amendment No. 1: Delete "individuals" Insert "public members" Senator Kelly moved and asked unanimous consent for the adoption of amendment to Amendment No. 1. Without objection, amendment to Amendment No. 1 was adopted. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: 1994-04-20 Senate Journal Page 3815 HB 254 SCS CSHB 254(RLS) Second Reading Amendment No. 1 as amended YEAS: 13 NAYS: 5 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Frank, Halford, Kelly, Leman, Miller, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Ellis, Kerttula, Lincoln, Little, Pearce Excused: Donley, Jacko and so, Amendment No. 1 as amended was adopted. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) am S be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) am S was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) am S "An Act relating to open meetings of governmental bodies; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 254(RLS) am S Third Reading - Final Passage YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Halford, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Donley, Jacko and so, SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) am S passed the Senate. 1994-04-20 Senate Journal Page 3816 HB 254 Senator Taylor gave notice of reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) am S and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered. HOUSE BILLS IN THIRD READING HB 254 SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) am S was before the Senate in third reading on reconsideration. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) am S "An Act relating to open meetings of governmental bodies; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 254(RLS) am S Third Reading - On Reconsideration YEAS: 18 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Halford, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Donley, Jacko and so, SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) am S passed the Senate on reconsideration. HB 323 CS FOR HOUSE BILL NO. 323(JUD) am "An Act relating to requests for anatomical gifts and to the release of certain information for the purpose of facilitating anatomical gifts" was read the second time. 1994-04-20 Senate Journal Page 3817 HB 323 Senator Leman moved for the adoption of the State Affairs Senate Committee Substitute offered on page 3752. Objections were heard. The question being: "Shall the State Affairs Senate Committee Substitute be adopted?" The roll was taken with the following result: CSHB 323(JUD) am Second Reading Adopt State Affairs Senate Committee Substitute? YEAS: 7 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Halford, Kelly, Leman, Miller, Phillips, Sharp, Taylor Nays: Adams, Duncan, Ellis, Frank, Kerttula, Lincoln, Little, Pearce, Rieger, Salo, Zharoff Excused: Donley, Jacko and so, the State Affairs Senate Committee Substitute was not adopted. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 323(JUD) am be returned to the Rules Committee. Senator Little objected. Senator Little called the Senate, then lifted the call. The question being: "Shall CS FOR HOUSE BILL NO. 323(JUD) am be returned to the Rules Committee?" The roll was taken with the following result: CSHB 323(JUD) am Return to the Rules Committee YEAS: 14 NAYS: 3 EXCUSED: 2 ABSENT: 1 Yeas: Adams, Duncan, Frank, Halford, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Ellis, Little, Salo Excused: Donley, Jacko 1994-04-20 Senate Journal Page 3818 HB 323 Absent: Lincoln and so, the bill was returned to the Rules Committee. HB 453 CS FOR HOUSE BILL NO. 453(FIN) "An Act establishing, for purposes of the levy and collection of the motor fuel tax and for a limited period, a different tax levy on residual fuel oil used in and on certain watercraft; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 453(FIN) be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 453(FIN) was read the third time. Senators Salo, Sharp, Pearce, Kelly moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: "Shall CS FOR HOUSE BILL NO. 453(FIN) "An Act establishing, for purposes of the levy and collection of the motor fuel tax and for a limited period, a different tax levy on residual fuel oil used in and on certain watercraft; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 453(FIN) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Adams, Duncan, Ellis, Frank, Halford, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Donley, Jacko Absent: Lincoln 1994-04-20 Senate Journal Page 3819 HB 453 and so, CS FOR HOUSE BILL NO. 453(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. 453(FIN) was signed by the President and Secretary and returned to the House. SECOND READING OF SENATE RESOLUTIONS SJR 48 SENATE JOINT RESOLUTION NO. 48 Relating to welfare reform, was read the second time. Senator Taylor moved and asked unanimous consent that SENATE JOINT RESOLUTION NO. 48 be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE JOINT RESOLUTION NO. 48 was read the third time. The question being: "Shall SENATE JOINT RESOLUTION NO. 48 Relating to welfare reform, pass the Senate?" The roll was taken with the following result: SJR 48 Third Reading - Final Passage YEAS: 17 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Adams, Duncan, Ellis, Frank, Halford, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Donley, Jacko Absent: Lincoln and so, SENATE JOINT RESOLUTION NO. 48 passed the Senate. Senator Duncan gave notice of reconsideration. 1994-04-20 Senate Journal Page 3820 SECOND READING OF HOUSE RESOLUTIONS HCR 27 HOUSE CONCURRENT RESOLUTION NO. 27 Relating to support for the National Rifle Association's gun safety program for children, was read the second time. Senators Kerttula, Taylor, Miller, Sharp, Pearce, Zharoff moved and asked unanimous consent that they be shown as cross sponsors on the resolution. Without objection, it was so ordered. HOUSE CONCURRENT RESOLUTION NO. 27 was before the Senate on final passage. The question being: "Shall HOUSE CONCURRENT RESOLUTION NO. 27 Relating to support for the National Rifle Association's gun safety program for children, pass the Senate?" The roll was taken with the following result: HCR 27 Second Reading - Final Passage YEAS: 15 NAYS: 0 EXCUSED: 2 ABSENT: 3 Yeas: Adams, Duncan, Ellis, Halford, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Salo, Sharp, Taylor, Zharoff Excused: Donley, Jacko Absent: Frank, Lincoln, Rieger and so, HOUSE CONCURRENT RESOLUTION NO. 27 passed the Senate. CITATIONS Honoring - Sam Kimura and Joan Kimura by Senator(s) Pearce, Phillips, Kerttula, Zharoff, Duncan, Ellis, Donley 1994-04-20 Senate Journal Page 3821 Honoring - Gene Burden by Representative(s) Navarre, G. Davis, Phillips Senator(s) Salo, Little, Leman, Kerttula, Pearce, Zharoff, Kelly, Duncan, Ellis, Lincoln, Donley, Sharp Honoring - Wende Kornstad, First Team, All-State Girls Basketball by Representative(s) Navarre, G. Davis, Phillips Senator(s) Salo, Little, Leman, Kerttula, Pearce, Zharoff, Duncan, Lincoln In Memoriam - Peter Kalifornsky by Representative(s) Navarre, G. Davis, Phillips Senator(s) Salo, Little, Leman, Kerttula, Pearce, Zharoff, Duncan, Ellis, Lincoln, Donley 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 254 Senator Taylor moved and asked unanimous consent that the vote on the passage (page 3815) and the vote on the reconsideration (page 3816) of SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) am S "An Act relating to open meetings of governmental bodies, and providing for an effective date" be considered the vote on the effective date clause. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) am S was referred to the Secretary for engrossment. HB 69 President Halford stated that the notice of reconsideration (page 3811) on CONFERENCE CS FOR HOUSE BILL NO. 69 "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)" was not in order but could be reached by rescinding action. CONFERENCE CS FOR HOUSE BILL NO. 69 was signed by the President and Secretary and returned to the House. 1994-04-20 Senate Journal Page 3822 HCR 27 Senator Rieger gave notice of reconsideration on HOUSE CONCURRENT NO. 27 Relating to support for the National Rifle Association's gun safety program for children, and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered. HOUSE RESOLUTIONS ON RECONSIDERATION HCR 27 HOUSE CONCURRENT RESOLUTION NO. 27 was before the Senate on reconsideration. The question to be reconsidered: "Shall HOUSE CONCURRENT RESOLUTION NO. 27 Relating to support for the National Rifle Association's gun safety program for children, pass the Senate?" The roll was taken with the following result: HCR 27 Second Reading - On Reconsideration YEAS: 16 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Adams, Duncan, Ellis, Frank, Halford, Kerttula, Leman, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Donley, Jacko Absent: Kelly, Lincoln and so, HOUSE CONCURRENT RESOLUTION NO. 27 passed the Senate on reconsideration. HOUSE CONCURRENT RESOLUTION NO. 27 was signed by the President and Secretary and returned to the House. 1994-04-20 Senate Journal Page 3823 UNFINISHED BUSINESS CONTINUED SB 56 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on SENATE BILL NO. 56 "An Act relating to the budget reserve fund established under art. IX, sec. 17, Constitution of the State of Alaska." Without objection, it was so ordered. SENATE BILL NO. 56 was referred to the Finance Committee. SB 320 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on SENATE BILL NO. 320 "An Act relating to occupational licensing boards and commissions; and relating to architects, engineers, and land surveyors." Without objection, it was so ordered. SENATE BILL NO. 320 was referred to the Labor and Commerce and Finance Committees. SJR 52 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on SENATE JOINT RESOLUTION NO. 52 Proposing amendments to the Constitution of the State of Alaska relating to the budget reserve fund. Without objection, it was so ordered. SENATE JOINT RESOLUTION NO. 52 was referred to the Finance Committee. SB 275 The reconsideration on CS FOR SENATE BILL NO. 275(JUD) "An Act relating to the disposal of real property by the Department of Transportation and Public Facilities" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. 1994-04-20 Senate Journal Page 3824 AFTER RECESS The Senate reconvened at 8:02 p.m. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 164 CS FOR SENATE BILL NO. 164(RLS) "An Act providing that home rule cities in the unorganized borough are school districts; permitting the Local Boundary Commission to amend petitions for incorporation or proposing municipal boundary changes; applying existing standards of incorporation for boroughs to unified municipalities; applying existing standards of incorporation for first class cities to incorporation of a home rule city; and relating to reclassification of first class or home rule cities to second class cities, to municipal reclassification and to public hearings on reclassification, to formation of home rule cities and unified municipalities through incorporation, merger, or consolidation, to organization grants and transitional assistance for unified municipalities, to adoption of a home rule charter by a second class city, to dissolution of municipalities, to filing copies of an amended home rule charter, and to regulations of the local boundary commission dealing with standards and procedures for municipal incorporation, annexation, detachment, merger, consolidation, reclassification, and dissolution" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 275 CS FOR SENATE BILL NO. 275(JUD) "An Act relating to the disposal of real property by the Department of Transportation and Public Facilities" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1994-04-20 Senate Journal Page 3825 HB 254 SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) am S "An Act relating to open meetings of governmental bodies; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. ENROLLMENT SB 225 CS FOR SENATE BILL NO. 225(HES) "An Act relating to credits against certain insurance taxes for contributions to certain educational institutions; and providing for an effective date" 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 10:52 a.m., April 20, 1994. SB 294 SENATE BILL NO. 294 "An Act relating to canned salmon classics; and providing for an effective date" 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 10:52 a.m., April 20, 1994. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 21, 1994. Without objection, the Senate adjourned at 8:03 p.m. Nancy Quinto Secretary of the Senate April 1994 1994-04-20 Senate Journal Page 3826 ANNOUNCEMENTS NOTICE - AMERICANS WITH DISABILITIES ACT Persons with disabilities who require special accommodation or alternative communication formats to access committee meetings may contact the appropriate committee office or the Legislative Information Office in their community. Reasonable advance notice is needed to accommodate the request. For further information, call the ADA Coordinator at 465-3854 Voice/465-4980 TDD. STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 APR 21 THURSDAY 9:00 AM BILLS PREVIOUSLY HEARD - HELD OVER HB 543 UNVENTED GAS HEATERS IN RESIDENTIAL BLDGS HB 259 GENERAL GRANT LAND ENTITLEMENT SB 375 GENERAL GRANT LAND ENTITLEMENTS ---------------------------------------- FINANCE SENATE FINANCE 518 APR 20 WEDNESDAY 9:00 AM HB 327 EXTEND BOARD OF VETERINARY EXAMINERS HB 373 PERMANENT FUND INVESTMENTS IN REAL ESTATE HB 407 COMMEMORATIVE GOLD RUSH LICENSE PLATES BILLS PREVIOUSLY HEARD APR 20 WEDNESDAY 7:30 PM ** NOTE TIME CHANGE ** HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET COMMITTEE OF THE WHOLE OPERATING BUDGET CLOSEOUT ..DEPT OF LAW ..DEPT OF LABOR ..DEPT OF ENVIRONMENTAL CONSERVATION ..DEPT OF NATURAL RESOURCES ..DEPT OF FISH & GAME ..LEGISLATURE ..GOVERNOR ..COURTS ..DEPT OF MILITARY & VETERAN AFFAIRS ..DEPT OF REVENUE ..DEPT OF COMMUNITY & REGIONAL AFFAIRS 1994-04-20 Senate Journal Page 3827 FINANCE CONTINUED APR 21 THURSDAY 9:00 AM HB 421 GRANTS FOR HOUSING DURING DISASTER HJR 34 FED FISH RESEARCH & DEVELOPMENT GRANTS APR 21 THURSDAY 5:00 PM HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET COMMITTEE OF THE WHOLE OPERATING BUDGET CLOSEOUT APR 22 FRIDAY 9:00 AM SB 378 NO PFD:PERSONS JAILED FOR FELONY OR MISD. <PENDING REFERRAL> BILLS PREVIOUSLY HEARD APR 23 SATURDAY 10:00 AM BILLS PREVIOUSLY HEARD ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 20 WEDNESDAY 1:30 PM ****** CANCELLED ****** SB 346 REPORT CHARITABLE GAMING WINNERS SB 304 AHFC BONDS FOR UNIV. OF ALASKA USES HB 478 AUTHORITY TO PRONOUNCE DEATH HB 507 LICENSING OF OPTOMETRISTS AND PHYSICIANS HB 472 REFERRALS INVOLVING DENTAL SERVICES HJR 54 SUPPORT MEDICAL SAVINGS ACCT LEGIS APR 22 FRIDAY 1:30 PM BILLS PREVIOUSLY HEARD ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 20 WEDNESDAY 1:30 PM ***** CANCELLED - RESCHEDULED TO 04/22/94 ***** BILLS PREVIOUSLY HEARD HB 367 PROHIBITED HIGHWAY ADVERTISING HB 315 THEFT OF SUBSCRIPTION TV SERVICES HB 333 MINING LOCATIONS ON STATE SELECTED LAND 1994-04-20 Senate Journal Page 3828 JUDICIARY CONTINUED APR 22 FRIDAY 1:30 PM BILLS PREVIOUSLY HEARD HB 299 DRIVER'S LIC REVOCATION;ALCOHOL/DRUGS HB 302 WORKERS COMP FOR RECREATIONAL ACTIVITIES HB 410 REAL ESTATE APPRAISERS <PENDING REFERRAL> BILLS RESCHEDULED FROM 04/20/94: HB 367 PROHIBITED HIGHWAY ADVERTISING HB 315 THEFT OF SUBSCRIPTION TV SERVICES HB 333 MINING LOCATIONS ON STATE SELECTED LAND ---------------------------------------- LABOR & COMMERCE FAHRENKAMP ROOM 203 APR 21 THURSDAY 1:30 PM SB 185 LIMITATIONS PERIOD FOR TAX ASSESSMENTS PRESENTATION BY ..DEPARTMENT OF REVENUE AND EXXON CORPORATION APR 26 TUESDAY 1:30 PM HB 277 INDEMNIFICATION OF PUBLIC EMPLOYEES HB 353 CONDOMINIUM ASSOCIATION MANAGEMENT HB 365 EXTEND BOARD OF BARBERS & HAIRDRESSERS HB 468 FOSTER CARE REVIEW PANEL HB 497 OFFICERS OF UTILITY COOPERATIVES ---------------------------------------- RESOURCES BUTROVICH ROOM 205 APR 20 WEDNESDAY 3:30 PM ***** CANCELLED - RESCHEDULED TO 04/22/94 ***** HB 218 REPEAL 58 FT. LIMIT FOR SEINE VESSELS HB 230 VESSEL FEES APR 21 THURSDAY 5:00 PM ***NOTE TIME AND DATE CHANGES*** CONFIRMATION HEARING: .BOARD OF FISHERIES APPOINTMENTS ..KAY ANDREW, DICK BOWER, LARRY ENGEL <TELECONFERENCE: PUBLIC TESTIMONY 5:00-6:00 PM> APR 22 FRIDAY 3:30 PM HJR 55 TONGASS NATIONAL FOREST TIMBER HARVESTS HJR 56 EXEMPT ALASKA FROM "PACFISH" REGS <TELECONFERENCE ON ABOVE BILLS> HB 218 REPEAL 58 FT. LIMIT FOR SEINE VESSELS HB 230 VESSEL FEES <ABOVE TWO BILLS RESCHEDULED FROM 04/22/94> HJR 59 WANTON WASTE OF FISH N.PACIFIC/BERING SEA 1994-04-20 Senate Journal Page 3829 RULES FAHRENKAMP ROOM 203 APR 20 WEDNESDAY 6:45 PM SB 213 APUC EXTENSION AND REGULATORY COST CHARGE SB 373 "S.A.F.E." COMMISSION SB 365 GOVERNOR'S OMNIBUS BILL <PENDING REFERRAL> SB 376 STATE AGENCY FEES AND COLLECTIONS <PENDING REFERRAL> HB 49 ABSENTEE VOTING & USE OF FAX HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET <PENDING REFERRAL> SB 377 STATE AGENCY FISCAL PROCEDURES <PENDING REFERRAL> SUBSTANTIVE HEARINGS: SB 195 PHYSICAL/OCCUPATIONAL THERAPY BOARDS EXT. HB 513 GRANTS/LOANS FOR STORAGE TANK OWNERS ---------------------------------------- STATE AFFAIRS BUTROVICH ROOM 205 APR 20 WEDNESDAY 9:00 AM BILLS PREVIOUSLY HEARD SB 378 NO PFD:PERSONS JAILED FOR FELONY OR MISD. HB 494 ALASKA PENSION INVESTMENT AUTHORITY APR 22 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 APR 21 THURSDAY 3:30 PM NO MEETING SCHEDULED APR 26 TUESDAY 3:30 PM HB 301 BAN SALE OF SOME STUDDED TIRES AND STUDS BILLS PREVIOUSLY HEARD APR 28 THURSDAY 3:30 PM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES HEALTH & SOCIAL SERVICES FAHRENKAMP ROOM 203 APR 20 WEDNESDAY 4:30 PM ** TIME AND LOCATION CHANGES ** BUDGET CLOSEOUT ---------------------------------------- 1994-04-20 Senate Journal Page 3830 FINANCE SUBCOMMITTEES CONTINUED UNIVERSITY OF ALASKA SENATE FINANCE 518 APR 20 WEDNESDAY 5:00 PM ** NOTE TIME & LOCATION CHANGES ** ** IMMEDIATELY PRECEDING THE FINANCE MEETING** BUDGET CLOSEOUT JOINT COMMITTEES CONFERENCE COMMITTEE ON SB 54 CAPITOL ROOM 120 APR 20 WEDNESDAY 4:00 PM SB 54 OFFENSES BY JUVENILE OFFENDERS ---------------------------------------- LEGISLATIVE COUNCIL CAPITOL ROOM 124 APR 22 FRIDAY 3:30 PM LEGISLATIVE COUNCIL OTHER COMMITTEES CHILDREN'S CAUCUS BUTROVICH ROOM 205 APR 27 WEDNESDAY 12:00 PM CHILDREN'S CAUCUS ---------------------------------------- MAJORITY CAUCUS APR 20 WEDNESDAY 12:20 PM MAJORITY CAUCUS APR 20 WEDNESDAY 7:00 PM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS BELTZ ROOM 211 APR 20 WEDNESDAY 12:20 PM MINORITY CAUCUS