Legislature(1993 - 1994)
1994-04-28 Senate Journal
Full Journal pdf1994-04-28 Senate Journal Page 4067 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Thursday April 28, 1994 One Hundred Ninth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:34 a.m. The roll showed eighteen members present. Senators Frank, Pearce were absent. The prayer was offered by the Chaplain, Pastor Richard Tuff of the Resurrection Lutheran Church. Senator Taylor moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. "Blessed is everyone who fears the Lord, who walks in his ways." Thank You this day for opportunity and responsibility. The opportunity to serve, and the responsibility of authority. Make us to be aware that Your knowledge and wisdom are available to those who are in influential positions. Grant, as we move forward in this session of the legislature, the assurance that we have done our job well, and with the best of our ability. Forgive us where we have fallen short, or missed the mark. Give a sense of gratitude where we have been right. Grant courage to press on with enthusiasm and zeal. We pray in Jesus' precious name. Amen. Senator Adams led the Senate in the pledge of allegiance. 4067 1994-04-28 Senate Journal Page 4068 CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundred eighth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senators Frank, Pearce was noted. MESSAGES FROM THE HOUSE SB 44 Message of April 27 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 44(JUD) am with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 44(FIN) am H "An Act relating to civil liability for skiing accidents, operation of ski areas, and duties of ski area operators and skiers; and providing for an effective date." FIRST READING AND REFERENCE OF HOUSE BILLS HB 328 CS FOR HOUSE BILL NO. 328(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act allowing motor vehicle registration and licensing fees to be paid by credit card." was read the first time and referred to the State Affairs and Finance Committees. 1994-04-28 Senate Journal Page 4069 HB 426 CS FOR HOUSE BILL NO. 426(O&G) BY THE HOUSE SPECIAL COMMITTEE ON OIL AND GAS, entitled: "An Act establishing the Chickaloon Flats Critical Habitat Area." was read the first time and referred to the Resources and Finance Committees. STANDING COMMITTEE REPORTS SB 161 The Finance Committee considered SENATE BILL NO. 161 "An Act relating to interest rates and calculation of interest under certain judgments and decrees and on refunds of certain taxes, royalties, or net profit shares; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 161(FIN) (CS Forthcoming) Signing do pass: Senator Pearce, Cochair, Senators Kelly, Sharp. Signing do not pass without amendment: Senator Frank, Cochair. Signing no recommendation: Senator Rieger. Signing do not pass: Senator Kerttula. Fiscal note for the committee substitute published today from Alaska Court System. Zero fiscal notes for the committee substitute published today from Department of Transportation and Public Facilities, Department of Law, Department of Administration. Fiscal notes forthcoming. SENATE BILL NO. 161 was referred to the Rules Committee. HB 392 Forthcoming Finance Senate Committee Substitute for CS FOR HOUSE BILL NO. 392(FIN) am "An Act relating to the confidentiality of permanent fund dividend application information; relating to the permanent fund dividend program; and providing for an effective date" (page 4016) was received today. 1994-04-28 Senate Journal Page 4070 HB 397 The Finance Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(FIN) "An Act relating to the power to levy property taxes in second class cities" and recommended the Judiciary Senate Committee Substitute offered on page 3781 be adopted. Signing do pass: Senators Pearce, Frank, Cochairs, Senators Jacko, Kelly. Signing no recommendation: Senators Rieger, Kerttula. Previous zero fiscal note. CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(FIN) was referred to the Rules Committee. HB 400 The Finance Committee considered HOUSE BILL NO. 400 "An Act relating to administrative proceedings involving a determination of eligibility for a permanent fund dividend or authority to claim a dividend on behalf of another." Signing do pass: Senator Pearce, Cochair, Senators Sharp, Jacko, Kelly, Rieger. Signing no recommendation: Senator Kerttula. Previous House fiscal note. HOUSE BILL NO. 400 was referred to the Rules Committee. HB 427 The Community and Regional Affairs Committee considered HOUSE BILL NO. 427 "An Act relating to compensation for members of the Local Boundary Commission." Signing do not pass: Senator Phillips, Chair. Signing do pass: Senators Taylor, Zharoff. Signing no recommendation: Senators Adams, Leman. Previous House fiscal note. HOUSE BILL NO. 427 was referred to the Finance Committee. 1994-04-28 Senate Journal Page 4071 HB 442 The Finance Committee considered CS FOR HOUSE BILL NO. 442(FIN) "An Act relating to criminal justice information; providing procedural requirements for obtaining certain criminal justice information; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 442(FIN) Signing do pass: Senator Pearce, Cochair, Senators Jacko, Kelly, Sharp. Signing no recommendation: Senators Rieger, Kerttula. Fiscal note for the Senate committee substitute published today from Department of Corrections. Zero fiscal note for the Senate committee substitute published today from Department of Public Safety. Previous House zero fiscal notes apply to the Senate committee substitute. CS FOR HOUSE BILL NO. 442(FIN) was referred to the Rules Committee. HB 467 The Community and Regional Affairs Committee considered HOUSE BILL NO. 467 "An Act relating to housing programs of the Alaska Housing Finance Corporation and of regional housing authorities, and permitting regional housing authorities to make, originate, and service loans for the purchase and development of residential housing in the state's small communities." Signing do pass: Senator Phillips, Chair, Senators Adams, Zharoff, Taylor, Leman. Previous House fiscal note. HOUSE BILL NO. 467 was referred to the Labor and Commerce Committee. SB 56 The Rules Committee considered SENATE BILL NO. 56 "An Act relating to the budget reserve fund established under art. IX, sec. 17, Constitution of the State of Alaska." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senators Little, Zharoff. 1994-04-28 Senate Journal Page 4072 SB 56 SENATE BILL NO. 56 is on today's calendar. SB 101 The Rules Committee considered SENATE BILL NO. 101 "An Act relating to eligibility for and payments of public assistance; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko, Zharoff. Signing no recommendation: Senator Little. SENATE BILL NO. 101 is on today's calendar. SB 166 The Rules Committee considered SENATE BILL NO. 166 "An Act relating to registration of a motor vehicle, and issuance, renewal, reinstatement, and revocation of a driver's license for failure to appear in court or failure to pay a fine." Signing to calendar: Senator Halford, Chair, Senators Little, Jacko. SENATE BILL NO. 166 is on today's calendar. SB 339 The Rules 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." Signing to calendar: Senator Halford, Chair, Senator Jacko. Signing no recommendation: Senator Little. SENATE BILL NO. 339 is on today's calendar. SB 370 The Rules Committee considered SENATE BILL NO. 370 "An Act providing an exemption from gambling laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state outside of ports; defining `cruise ship'; and providing for the licensing of certain cruise ships before they can conduct gambling in the offshore water of the state." Signing to calendar: Senator Halford, Chair, Senators Little, Rieger, Jacko, Zharoff. SENATE BILL NO. 370 is on today's calendar. 1994-04-28 Senate Journal Page 4073 HB 333 The Rules Committee considered CS FOR HOUSE BILL NO. 333(RES) "An Act amending the Alaska Land Act to define the term `state selected land' for the purpose of recognizing mining locations, and giving retrospective effect to the amendment; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senator Jacko. Signing no recommendation: Senator Little. CS FOR HOUSE BILL NO. 333(RES) is on today's calendar. HB 353 The Rules Committee considered HOUSE BILL NO. 353 "An Act repealing the requirement of an annual audit of the receipts and expenditures applicable to certain property managed under the Horizontal Property Regimes Act." Signing to calendar: Senator Halford, Chair, Senators Jacko, Rieger. Signing no recommendation: Senators Little, Zharoff. HOUSE BILL NO. 353 is on today's calendar. HB 358 The Rules Committee considered CS FOR HOUSE BILL NO. 358(STA) "An Act allowing a mobile home owner to obtain a certificate of title from the Department of Public Safety." Signing to calendar: Senator Halford, Chair, Senators Jacko, Rieger, Zharoff. Signing no recommendation: Senator Little. CS FOR HOUSE BILL NO. 358(STA) is on today's calendar. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 380 SENATE BILL NO. 380 BY THE SENATE JUDICIARY COMMITTEE, entitled: "An Act requiring a local contribution to the operating costs of the University of Alaska; and providing for an effective date." was read the first time and referred to the Health, Education and Social Services and Finance Committees. 1994-04-28 Senate Journal Page 4074 CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 56 SENATE BILL NO. 56 "An Act relating to the budget reserve fund established under art. IX, sec. 17, Constitution of the State of Alaska" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 4006. Senator Lincoln objected, then withdrew her objection. There being no further objections, CS FOR SENATE BILL NO. 56(FIN) "An Act relating to repayment of money appropriated from the budget reserve fund" was adopted. CS FOR SENATE BILL NO. 56(FIN) was read the second time. Senator Taylor called the Senate, then lifted the call. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 56(FIN) be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall CS FOR SENATE BILL NO. 56(FIN) be advanced to third reading?" The roll was taken with the following result: CSSB 56(FIN) 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. 1994-04-28 Senate Journal Page 4075 SB 101 SENATE BILL NO. 101 "An Act relating to eligibility for and payments of public assistance; 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 4007. Senator Duncan objected, the withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 101(FIN) "An Act relating to the adult public assistance program" was adopted. CS FOR SENATE BILL NO. 101(FIN) was read the second time. Fiscal notes for CS FOR SENATE BILL NO. 101(FIN) published today from Department of Health and Social Services (2). Senator Adams offered Amendment No. 1 : Page 1, line 1, after "to" Insert "interim assistance under the adult public assistance program; requiring the Department of Health and Social Services to consult with the Department of Education in order to develop an application process and disability determination system to implement" Senator Adams moved for the adoption of Amendment No. 1. Senator Frank objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 101(FIN)(title am) "An Act relating to interim assistance under the adult public assistance program; requiring the Department of Health and Social Services to consult with the Department of Education in order to develop an application process and disability determination system to implement the public assistance program" be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. The question being: "Shall CS FOR SENATE BILL NO. 101(FIN)(title am) be advanced to third reading?" The roll was taken with the following result: 1994-04-28 Senate Journal Page 4076 SB 101 CSSB 101(FIN)(title 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 be advanced to third reading. SB 166 SENATE BILL NO. 166 "An Act relating to registration of a motor vehicle, and issuance, renewal, reinstatement, and revocation of a driver's license for failure to appear in court or failure to pay a fine" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 3965. Senator Donley objected. The question being: "Shall the Finance Committee Substitute be adopted?" The roll was taken with the following result: SB 166 Second Reading Adopt Finance Committee Substitute? 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 1994-04-28 Senate Journal Page 4077 SB 166 and so, CS FOR SENATE BILL NO. 166(FIN) "An Act relating to registration of a motor vehicle and suspension of a driver's license for failure to appear in court or failure to pay a fine; and to municipal parking authorities" was adopted. CS FOR SENATE BILL NO. 166(FIN) was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 166(FIN) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 166(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 166(FIN) "An Act relating to registration of a motor vehicle and suspension of a driver's license for failure to appear in court or failure to pay a fine; and to municipal parking authorities" pass the Senate?" The roll was taken with the following result: CSSB 166(FIN) Third Reading - Final Passage YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Jacko, Kelly, Leman, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Adams, Duncan, Halford, Kerttula, Lincoln, Zharoff and so, CS FOR SENATE BILL NO. 166(FIN) passed the Senate. Senator Pearce gave notice of reconsideration. 1994-04-28 Senate Journal Page 4078 SB 339 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" was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Resources Committee Substitute offered on page 3553. Senator Kerttula objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 339(RES) "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" was adopted. CS FOR SENATE BILL NO. 339(RES) was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 339(RES) be considered engrossed, advanced to third reading and placed on final passage. Senator Kerttula objected. Senator Taylor moved and asked unanimous consent to withdraw his motion to advance to third reading. Without objection, it was so ordered. SB 370 SENATE BILL NO. 370 "An Act providing an exemption from gambling laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state outside of ports; defining `cruise ship'; and providing for the licensing of certain cruise ships before they can conduct gambling in the offshore water of the state" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 4010. Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 370(FIN) "An Act providing an exemption from gambling laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of 1994-04-28 Senate Journal Page 4079 SB 370 the state; relating to promotions on board cruise ships; defining `cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; and providing for an effective date" was adopted. CS FOR SENATE BILL NO. 370(FIN) was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 370(FIN) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 370(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 370(FIN) "An Act providing an exemption from gambling laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining `cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 370(FIN) Third Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Duncan, Ellis, Frank, Jacko, Lincoln, Little, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams, Donley, Halford, Kelly, Kerttula, Leman, Miller, Pearce, Phillips Kelly changed from "Yea" to "Nay". Adams changed from "Yea" to "Nay". Donley changed from "Yea" to "Nay". and so, CS FOR SENATE BILL NO. 370(FIN) passed the Senate. Senator Taylor moved the effective date clause. 1994-04-28 Senate Journal Page 4080 SB 370 The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 370(FIN) Effective Date Vote 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. Senator Pearce gave notice of reconsideration. SECOND READING OF HOUSE BILLS HB 333 CS FOR HOUSE BILL NO. 333(RES) "An Act amending the Alaska Land Act to define the term `state selected land' for the purpose of recognizing mining locations, and giving retrospective effect to the amendment; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 333(RES) be advanced to third reading and placed on final passage. Senator Ellis objected. Senator Taylor moved and asked unanimous consent to withdraw his motion to advance to third reading. Without objection, it was so ordered. Senators Sharp, Miller moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. 1994-04-28 Senate Journal Page 4081 HB 353 HOUSE BILL NO. 353 "An Act repealing the requirement of an annual audit of the receipts and expenditures applicable to certain property managed under the Horizontal Property Regimes Act" was read the second time. Senator Taylor called the Senate. The call was satisfied. Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 353 be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 353 was read the third time. The question being: "Shall HOUSE BILL NO. 353 "An Act repealing the requirement of an annual audit of the receipts and expenditures applicable to certain property managed under the Horizontal Property Regimes Act" pass the Senate?" The roll was taken with the following result: HB 353 Third Reading - Final Passage YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Halford, Salo and so, HOUSE BILL NO. 353 passed the Senate. Senator Duncan gave notice of reconsideration. HB 358 CS FOR HOUSE BILL NO. 358(STA) "An Act allowing a mobile home owner to obtain a certificate of title from the Department of Public Safety" was read the second time. 1994-04-28 Senate Journal Page 4082 HB 358 Senator Kelly moved and asked unanimous consent for the adoption of the Labor and Commerce Senate Committee Substitute offered on page 3709. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 358(L&C) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 358(L&C) was read the second time. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 358(L&C) 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. 358(L&C) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 358(L&C) "An Act allowing a mobile home owner to obtain a certificate of title from the Department of Public Safety" pass the Senate?" The roll was taken with the following result: SCS CSHB 358(L&C) 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 CS FOR CS FOR HOUSE BILL NO. 358(L&C) passed the Senate. SENATE CS FOR CS FOR HOUSE BILL NO. 358(L&C) was referred to the Secretary for engrossment. 1994-04-28 Senate Journal Page 4083 SB 67 SENATE BILL NO. 67 "An Act amending provisions of ch. 66, SLA 1991, that relate to reconstitution of the corpus of the mental health trust, the management of trust assets, and to the manner of enforcement of the obligation to compensate the trust; and providing for an effective date" which had been held in second reading (page 4044) was before the Senate. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 67 be returned to the Rules Committee. Without objection, it was so ordered. SB 292 SENATE BILL NO. 292 "An Act relating to transfers of prisoners under the Interstate Corrections Compact" which had been held in second reading (page 4045) was before the Senate. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 292 be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 292 was read the third time. The question being: "Shall SENATE BILL NO. 292 "An Act relating to transfers of prisoners under the Interstate Corrections Compact" pass the Senate?" The roll was taken with the following result: SB 292 Third Reading - Final Passage YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Donley, Duncan, Ellis, Little, Salo Kerttula changed from "Nay" to "Yea". and so, SENATE BILL NO. 292 passed the Senate. SENATE BILL NO. 292 was referred to the Secretary for engrossment. 1994-04-28 Senate Journal Page 4084 THIRD READING OF HOUSE BILLS HB 454 SENATE CS FOR CS FOR HOUSE BILL NO. 454(RLS) "An Act making a supplemental appropriation to the Department of Law to pay costs of certain continuing legal proceedings; and providing for an effective date." was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 454(RLS) "An Act making a supplemental appropriation to the Department of Law to pay costs of certain continuing legal proceedings; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 454(RLS) Third Reading - Final Passage YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Kerttula, Miller, Pearce, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Leman, Lincoln, Little, Phillips, Salo, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 454(RLS) failed. Senator Duncan gave notice of reconsideration. HB 491 SENATE CS FOR HOUSE BILL NO. 491(STA) "An Act relating to reports by the Alaska Science and Technology Foundation" was read the third time. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 491(STA) "An Act relating to reports by the Alaska Science and Technology Foundation" pass the Senate?" The roll was taken with the following result: 1994-04-28 Senate Journal Page 4085 HB 491 SCS HB 491(STA) Third Reading - Final Passage YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Little, Miller, Pearce, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Phillips, Rieger, Salo, Zharoff Lincoln changed from "Yea" to "Nay". and so, SENATE CS FOR HOUSE BILL NO. 491(STA) failed. Senator Phillips gave notice of reconsideration. CITATIONS Honoring - Wasilla High Business Professionals of America by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Sharp, Little, Zharoff, Pearce, Leman, Salo, Duncan Honoring - Colony High Business Professionals of America, Student Leadership Project by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Sharp, Little, Zharoff, Pearce, Leman, Duncan Honoring - Houston Jr/Sr High Business Professionals of America by Representative(s) Menard, Carney, Larson Senator(s) Halford, Kerttula, Sharp, Little, Zharoff, Pearce, Leman, Duncan Honoring - Dr. Thomas A. Morehouse, Professor Emeritus, University of Alaska Anchorage by Representative(s) Mulder Senator(s) Kerttula, Sharp, Zharoff, Pearce, Leman, Rieger, Duncan, Miller 1994-04-28 Senate Journal Page 4086 Honoring - Jacob Tennessen by Senator(s) Zharoff, Sharp, Little, Pearce, Leman, Lincoln, Duncan Representative(s) Davidson In Memoriam - Ruben Gaines by Representative(s) Toohey Senator(s) Leman, Kelly, Phillips, Sharp, Zharoff, Kerttula, Pearce, Lincoln, Rieger, Taylor, Duncan 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 SB 195 Senator Rieger requested that the reconsideration on CS FOR SENATE BILL NO. 195(RLS) "An Act relating to the licensure of physical therapy assistants" be taken up. SENATE BILLS IN THIRD READING SB 195 CS FOR SENATE BILL NO. 195(RLS) was before the Senate on reconsideration. Senator Rieger moved and asked unanimous consent that CS FOR SENATE BILL NO. 195(RLS) be returned to the Rules Committee. Senator Duncan objected, then withdrew his objection. There being no further objections, it was so ordered. UNFINISHED BUSINESS HB 323 Senator Leman requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 323(STA) "An Act relating to requests for anatomical gifts and to the release of certain information for the purpose of facilitating anatomical gifts" be taken up at this time. 1994-04-28 Senate Journal Page 4087 HOUSE BILLS IN THIRD READING HB 323 SENATE CS FOR CS FOR HOUSE BILL NO. 323(STA) was before the Senate in third reading on reconsideration. Senator Leman moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 323(STA) be held on reconsideration to the April 29 calendar. Without objection, it was so ordered. UNFINISHED BUSINESS HB 49 Senator Leman requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 49(STA) "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" be taken up at this time. HOUSE BILLS IN THIRD READING HB 49 SENATE CS FOR CS FOR HOUSE BILL NO. 49(STA) was before the Senate in third reading on reconsideration. Senator Leman moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 49(STA) be held on reconsideration to the April 29 calendar. Without objection, it was so ordered. UNFINISHED BUSINESS CONTINUED HB 230 Senator Miller, Chair, moved and asked unanimous consent that the Resources Committee referral be waived on CS FOR HOUSE BILL NO. 230(FIN) "An Act relating to fees for a commercial fishing vessel license." Without objection, it was so ordered. 1994-04-28 Senate Journal Page 4088 HB 230 CS FOR HOUSE BILL NO. 230(FIN) was referred to the Finance Committee. HB 518 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on HOUSE BILL NO. 518 "An Act extending the termination date of the Board of Governors of the Alaska Bar Association; and providing for an effective date." Without objection, it was so ordered. HOUSE BILL NO. 518 was referred to the Rules Committee. HB 153 Senator Pearce, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on CS FOR HOUSE BILL NO. 153(JUD) am "An Act related to the awarding of special good time deductions for prisoners participating in the Point MacKenzie Rehabilitation Project; and providing for an effective date." Without objection, it was so ordered. CS FOR HOUSE BILL NO. 153(JUD) am was referred to the Rules Committee. HB 299 Senator Pearce, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on 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." Without objection, it was so ordered. CS FOR HOUSE BILL NO. 299(FIN) am was referred to the Rules Committee. 1994-04-28 Senate Journal Page 4089 HB 313 Senator Pearce, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on CS FOR HOUSE BILL NO. 313(JUD) "An Act relating to suspended imposition of criminal sentences and to the imposition of sentence when a suspended imposition of sentence is revoked." Without objection, it was so ordered. CS FOR HOUSE BILL NO. 313(JUD) was referred to the Rules Committee. HB 386 Senator Pearce, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on CS FOR HOUSE BILL NO. 386(L&C) am "An Act relating to the retirement rights of temporary hourly employees hired by the legislature." Without objection, it was so ordered. CS FOR HOUSE BILL NO. 386(L&C) am was referred to the Rules Committee. SB 44 Message concerning CS FOR SENATE BILL NO. 44(JUD) am and HOUSE CS FOR CS FOR SENATE BILL NO. 44(FIN) am H "An Act relating to civil liability for skiing accidents, operation of ski areas, and duties of ski area operators and skiers; and providing for an effective date" (page 4068) was before the Senate. Senator Taylor moved that the Senate concur in the House amendments and recommended the body vote no. Senator Taylor called the Senate. The President stated the call was satisfied. The question being: "Shall the Senate concur in the House amendments to CS FOR SENATE BILL NO. 44(JUD) am?" The roll was taken with the following result: HCS CSSB 44(FIN) am H Shall the Senate concur in the House amendments to CSSB 44(JUD) AM? 1994-04-28 Senate Journal Page 4090 SB 44 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Jacko, Kelly, Leman, Lincoln, Miller, Pearce, Salo, Sharp, Zharoff Nays: Donley, Ellis, Halford, Kerttula, Little, Phillips, Rieger, Taylor and so, the Senate concurred in the House amendments, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 44(FIN) am H "An Act relating to civil liability for skiing accidents, operation of ski areas, and duties of ski area operators and skiers; and providing for an effective date." 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: HCS CSSB 44(FIN) am H Effective Date Vote YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Jacko, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Donley, Ellis, Halford, Kerttula, Little and so, the effective date clause was adopted. The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 44(FIN) am H was referred to the Secretary for enrollment. 1994-04-28 Senate Journal Page 4091 SB 311 Senator Lincoln requested that the reconsideration on CS FOR SENATE BILL NO. 311(FIN) be taken up. SENATE BILLS IN THIRD READING SB 311 CS FOR SENATE BILL NO. 311(FIN) was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 311(FIN) "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, providing for predetermination of credit applications under that tax, and amending the fishery resource landing tax to eliminate claim of the credit for contributions of capital; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 311(FIN) Third Reading - On Reconsideration Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Duncan, Ellis, Zharoff and so, CS FOR SENATE BILL NO. 311(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. 1994-04-28 Senate Journal Page 4092 SB 311 CS FOR SENATE BILL NO. 311(FIN) was referred to the Secretary for engrossment. UNFINISHED BUSINESS CONTINUED SB 21 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on SENATE BILL NO. 21 "An Act relating to child visitation rights of grandparents and other persons who are not the parents of the child." Without objection, it was so ordered. SENATE BILL NO. 21 was referred to the Rules Committee. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 292 SENATE BILL NO. 292 "An Act relating to transfers of prisoners under the Interstate Corrections Compact" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 311 CS FOR SENATE BILL NO. 311(FIN) "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, providing for predetermination of credit applications under that tax, and amending the fishery resource landing tax to eliminate claim of the credit for contributions of capital; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. 1994-04-28 Senate Journal Page 4093 HB 358 SENATE CS FOR CS FOR HOUSE BILL NO. 358(L&C) "An Act allowing a mobile home owner to obtain a certificate of title from the Department of Public Safety" was engrossed, signed by the President and Secretary and returned to the House for consideration. ENROLLMENT SB 286 CS FOR SENATE BILL NO. 286(RLS) am "An Act relating to special conditions of mandatory parole; relating to conditions of mandatory and discretionary parole; extending the termination date of the Board of Parole; 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 9:00 a.m., April 28, 1994. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 29, 1994. Without objection, the Senate adjourned at 2:59 p.m. Nancy Quinto Secretary of the Senate April 1994 1994-04-28 Senate Journal Page 4094 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 28 THURSDAY 9:00 AM -- TELECONFERENCE -- SB 375 GENERAL GRANT LAND ENTITLEMENTS HB 467 AHFC HOUSING LOANS HB 427 COMPENSATION; LOCAL BOUNDARY COMMISSION MAY 03 TUESDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 518 APR 28 THURSDAY 8:30 AM ** TIME CHANGE ** HB 397 TAXING POWER OF SECOND CLASS CITIES HB 442 CRIMINAL JUSTICE INFORMATION HB 222 USE OF RENTED PROPERTY/LAW VIOLATIONS HB 400 PFD ADMINISTRATIVE PROCEEDINGS HB 506 STUDENT LOAN PROGRAM <PENDING REFERRAL> -- BILLS PREVIOUSLY HEARD -- SB 161 INTEREST RATES: JUDGMENTS/TAXES/ROYALTIES SB 367 HEALTH CARE REFORM COMMITTEES ** RECESSED TO CALL OF CHAIR ** APR 28 THURSDAY ** TO RECONVENE 15 MINUTES FOLLOWING CONFERENCE COMMITTEE ON HB 370 ** SB 367 HEALTH CARE REFORM COMMITTEES <CONTINUED FROM MORNING HEARING> APR 29 FRIDAY 9:00 AM SB 363 APPROP: FY 95 CAPITAL PROJECTS AND GRANTS HB 351 PERMIT TO CARRY CONCEALED WEAPONS 1994-04-28 Senate Journal Page 4095 HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 29 FRIDAY 1:30 PM BILLS PREVIOUSLY HEARD HB 409 AFDC DEMO PROJECT AND DECREASE HJR 47 FUNDS TO UPGRADE MILITARY BASE SCHOOLS HB 506 STUDENT LOAN PROGRAM SB 346 REPORT CHARITABLE GAMING WINNERS HB 472 REFERRALS INVOLVING DENTAL SERVICES HB 478 AUTHORITY TO PRONOUNCE DEATH HB 507 LICENSING OF OPTOMETRISTS AND PHYSICIANS HJR 54 SUPPORT MEDICAL SAVINGS ACCT LEGIS HJR 52 DETERMINING FEDERAL SHARE OF MEDICAID ---------------------------------------- JUDICIARY BUTROVICH ROOM 205 APR 28 THURSDAY 4:00 PM ** TIME AND LOCATION CHANGES ** BILLS PREVIOUSLY HEARD CONFIRMATION HEARINGS: ..JUDICIAL COUNCIL ..COMMISSION ON JUDICIAL CONDUCT ..BOARD OF GOVERNORS OF THE ALASKA BAR ASSN HJR 60 AMEND US CONSTIT. TO LIMIT FED. COURTS HB 331 USE PFD'S TO RECOVER WELFARE OVERPAYMENTS SB 21 MISC. GRANDPARENT VISITATION RIGHTS HB 429 SPECIAL EDUCATION SERVICE AGENCY APR 29 FRIDAY 4:00 PM ** TIME CHANGE ** BILLS PREVIOUSLY HEARD HJR 43 RIGHTS OF CRIME VICTIMS <REMOVED FROM AGENDA> HB 334 99 YR PENALTY-3RD SERIOUS FELONY OFFENDER HB 316 RULE AGAINST PERPETUITIES HB 277 INDEMNIFICATION OF PUBLIC EMPLOYEES <PENDING REFERRAL> ---------------------------------------- LABOR & COMMERCE FAHRENKAMP ROOM 203 APR 28 THURSDAY 3:15 PM ** TIME CHANGE ** HB 394 UNIFORM LIMITED PARTNERSHIP ACT UPDATE SB 244 PERMANENT FUND INVESTMENTS - LTD PARTNERS SB 290 APPROP: PUBLIC SAFETY EMPLOYEES HB 277 INDEMNIFICATION OF PUBLIC EMPLOYEES ---------------------------------------- 1994-04-28 Senate Journal Page 4096 RESOURCES BUTROVICH ROOM 205 APR 29 FRIDAY 3:30 PM BILLS HELD OVER OR PREVIOUSLY HEARD ---------------------------------------- RULES FAHRENKAMP ROOM 203 APR 28 THURSDAY 4:00 PM HB 71 DISSOLUTION OF NATIVE CORPORATIONS HB 180 AHFC HOUSING INSPECTION REQUIREMENTS HB 302 WORKERS COMP FOR RECREATIONAL ACTIVITIES HB 392 PERMANENT FUND DIVIDEND PROGRAM HB 397 TAXING POWER OF SECOND CLASS CITIES HB 400 PFD ADMINISTRATIVE PROCEEDINGS HB 442 CRIMINAL JUSTICE INFORMATION HB 497 OFFICERS OF UTILITY COOPERATIVES HCR 34 ALASKA GARDEN WEEK HJR 34 FED FISH RESEARCH & DEVELOPMENT GRANTS ---------------------------------------- STATE AFFAIRS BUTROVICH ROOM 205 APR 29 FRIDAY 9:00 AM BILLS PREVIOUSLY HEARD ---------------------------------------- TRANSPORTATION BELTZ ROOM 211 APR 28 THURSDAY 3:30 PM BILLS PREVIOUSLY HEARD JOINT COMMITTEES LEGISLATIVE COUNCIL CAPITOL ROOM 124 APR 28 THURSDAY 3:00 PM **RESCHEDULED FROM 4/22/94 OTHER COMMITTEES CONFERENCE COMMITTEE ON HB 370 SENATE FINANCE 518 APR 28 THURSDAY 3:00 PM HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET APR 29 FRIDAY 3:00 PM HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET