Legislature(1993 - 1994)
1994-05-02 Senate Journal
Full Journal pdf1994-05-02 Senate Journal Page 4199 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Monday May 2, 1994 One Hundred Thirteenth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:25 a.m. The roll showed eighteen members present. Senators Donley, Frank were absent. The prayer was offered by the Chaplain, Pastor Mike Rose of the Bethel Assembly of God. Senator Taylor moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Heavenly Father, We thank You for this beautiful day that we're enjoying. Thank You for the favor You have granted us in this land. We are truly thankful for the freedoms we enjoy. Like our forefathers, help us to seek an awareness of Your presence and a dependance upon Your power. We ask You for wisdom and guidance regarding decisions made in these chambers today. Lord, help us to live in such a manner that our actions will bring honor to Your name. In Jesus' name, I pray. Amen. Senator Sharp led the Senate in the pledge of allegiance. 4199 1994-05-02 Senate Journal Page 4200 CERTIFICATION Senator Taylor moved and asked unanimous consent that the journals for the one hundred tenth, one hundred eleventh and one hundred twelfth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 294 Message of April 29 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: SENATE BILL NO. 294 "An Act relating to canned salmon classics; and providing for an effective date." Chapter 16, SLA 1994 Effective Date: 4/30/94 SB 178 Message of April 29 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: HOUSE CS FOR CS FOR SENATE BILL NO. 178(FIN)(efd fld H)(crt rule fld H) "An Act relating to civil nuisance actions." Chapter 17, SLA 1994 Effective Date: 7/28/94 SR 5 Governor's transmittal letter dated April 29: Dear Mr. President: I have read the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-05-02 Senate Journal Page 4201 SR 5 SENATE RESOLUTION NO. 5 Requesting the governor to amend the names submitted to the United States Department of Commerce for possible appointment to the North Pacific Fishery Management Council. Senate Resolve No. 2 In response, much thought and deliberation has been put into these critical nominations. I always appreciate advice from the Legislature on appointments. In this case I stand behind my nomination of Clem Tillion. I believe all my nominees hold Alaska's interest first and will do a great job for Alaska if selected by the United States Secretary of Commerce. Sincerely, /s/ Walter J. Hickel Governor HCR 29 Message of April 29 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: HOUSE CONCURRENT RESOLUTION NO. 29 am Relating to the military operations areas environmental impact statement of the United States Air Force. Legislative Resolve No. 41 1994-05-02 Senate Journal Page 4202 HJR 63 Message of April 29 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: HOUSE JOINT RESOLUTION NO. 63 Relating to the membership of the Republic of China on Taiwan in the United Nations. Legislative Resolve No. 42 MESSAGES FROM THE HOUSE HB 358 Message of April 29 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 358(STA), thus passing: 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." SB 54 Message dated April 29 was read, stating the House has adopted the Conference Committee Report (with limited powers of free conference) considering HOUSE CS FOR CS FOR SENATE BILL NO. 54(FIN) am H and CS FOR SENATE BILL NO. 54(FIN), thus passing: CONFERENCE CS FOR SENATE BILL NO. 54 "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to juvenile records, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date." The Senate adopted the report April 29 (Senate Journal, page 4180). 1994-05-02 Senate Journal Page 4203 SB 54 CONFERENCE CS FOR SENATE BILL NO. 54 was referred to the Secretary for engrossment and enrollment. SCR 14 Message of April 29 was read, stating the House passed and returned: 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. SPONSOR SUBSTITUTE FOR SENATE CONCURRENT RESOLUTION NO. 14 was referred to the Secretary for enrollment. SB 24 Message of April 29 was read, stating the House passed and returned: SENATE BILL NO. 24 "An Act extending the maximum period of probation after conviction." SENATE BILL NO. 24 was referred to the Secretary for enrollment. SB 164 Message of April 29 was read, stating the House passed and returned: 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 1994-05-02 Senate Journal Page 4204 SB 164 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." SENATE BILL NO. 164(RLS) was referred to the Secretary for enrollment. SB 350 Message of April 29 was read, stating the House passed and returned: SENATE BILL NO. 350 "An Act relating to a defendant's violation of conditions of release; and providing for an effective date." SENATE BILL NO. 350 was referred to the Secretary for enrollment. SB 351 Message of April 29 was read, stating the House passed and returned: SENATE BILL NO. 351 "An Act amending Alaska Rule of Evidence 404, relating to the admissibility of certain character evidence in court proceedings." SENATE BILL NO. 351 was referred to the Secretary for enrollment. 1994-05-02 Senate Journal Page 4205 SB 353 Message of April 29 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 353(JUD) "An Act amending Alaska Rule of Criminal Procedure 24(d) relating to peremptory challenges of jurors in felony criminal proceedings." SENATE BILL NO. 353(JUD) was referred to the Secretary for enrollment. SB 374 Message of April 29 was read, stating the House passed and returned: SENATE BILL NO. 374 "An Act extending the period of regulation of material sites used for timber operations under the Forest Practices Act and extending a corresponding exemption from provisions regulating mining reclamation; and providing for an effective date." SENATE BILL NO. 374 was referred to the Secretary for enrollment. SB 212 Message of April 29 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 212(FIN) am with the following amendments: HOUSE CS FOR CS FOR SENATE BILL NO. 212(L&C) am H "An Act relating to the giving of procurement notices; changing the content of the required procurement reports to the legislature by the commissioner of administration; relating to publications produced by state agencies; establishing an innovative construction procurement methods pilot program; and establishing legislative findings, a legislative purpose, and legislative intent for state procurement; and providing for an effective date." 1994-05-02 Senate Journal Page 4206 SB 212 Senator Taylor moved that the Senate concur in the House amendments. Senator Duncan objected. Senator Little 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. 212(FIN) am?" The roll was taken with the following result: HCS CSSB 212(L&C) AM H Shall the Senate concur in the House amendments to CSSB 212(FIN) AM? Effective Date YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Donley, Duncan, Ellis, Kerttula, Salo, Zharoff and so, the Senate concurred in the House amendments, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 212(L&C) am H "An Act relating to the giving of procurement notices; changing the content of the required procurement reports to the legislature by the commissioner of administration; relating to publications produced by state agencies; establishing an innovative construction procurement methods pilot program; and establishing legislative findings, a legislative purpose, and legislative intent for state procurement; and providing for an effective date." Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 212(L&C) am H was referred to the Secretary for enrollment. 1994-05-02 Senate Journal Page 4207 SB 248 Message of April 29 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 248(RLS) am with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 248(FIN) "An Act relating to services for and protection of vulnerable adults; and providing for an effective date." Senator Taylor moved that the Senate concur in the House amendment. Senator Duncan objected. The question being: "Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 248(RLS) am?" The roll was taken with the following result: HCS CSSB 248(FIN) Shall the Senate concur in the House amendment to CSSB 248(RLS) AM? Effective Date YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Kelly, Leman, Miller, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Pearce, Phillips, Rieger, Salo, Zharoff and so, the Senate failed to concur. The Secretary was requested to notify the House of the Senate's action and request the House to recede from its amendment. In the event the House fails to recede, the President appointed a Conference Committee to meet with a like committee from the House to consider the bills: Senator Sharp, Chair Senator Kerttula Senator Leman 1994-05-02 Senate Journal Page 4208 SB 250 Message of April 29 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 250(FIN) am with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 250(FIN) "An Act relating to the Older Alaskans Commission and staff of the commission; changing the name of the Older Alaskans Commission to the Alaska Commission on Aging and extending the termination date of the commission; relating to the Alaska Pioneers' Homes Advisory Board; relating to services and programs for older Alaskans; and providing for an effective date." Senator Taylor moved that the Senate concur in the House amendment and recommended the body vote no. The question being: "Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 250(FIN) am?" The roll was taken with the following result: HCS CSSB 250(FIN) Shall the Senate concur in the House amendment to CSSB 250(FIN) AM? Effective Date YEAS: 1 NAYS: 19 EXCUSED: 0 ABSENT: 0 Yeas: Rieger Nays: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Salo, Sharp, Taylor, Zharoff and so, the Senate failed to concur. The Secretary was requested to notify the House of the Senate's action and request the House to recede from its amendments. In the event the House fails to recede, the President appointed a Conference Committee to meet with a like committee from the House to consider the bills: 1994-05-02 Senate Journal Page 4209 SB 250 Senator Sharp, Chair Senator Kerttula Senator Leman Message of April 29 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 342 CS FOR HOUSE BILL NO. 342(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to the Alaska Tourism Marketing Council; increasing to at least 25 percent the share of the council's expenses that must be paid through contributions by an association that contracts to jointly manage the council; required disclosures in promotions on board tourism cruise ships; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 356 HOUSE BILL NO. 356 BY THE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: "An Act relating to living wills and do not resuscitate orders; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. HB 443 CS FOR HOUSE BILL NO. 443(RES) am(efd fld) BY THE HOUSE RESOURCES COMMITTEE, entitled: "An Act relating to the confidentiality of certain records relating to fish and wildlife." 1994-05-02 Senate Journal Page 4210 HB 443 was read the first time and referred to the Resources Committee. STANDING COMMITTEE REPORTS Reports dated April 30 was read stating the Judiciary Committee has considered the following appointments to the: Violent Crimes Compensation Board Robert E. Congdon Laurie Dahms There were no stated objections to the confirmation of the named individuals by committee members. This does not reflect an intent by any of the members to vote for or against the individuals at the time of the joint session on confirmation. Signing the reports: Senator Taylor, Chair, Senators Jacko, Little. SB 346 The Health, Education and Social Services Committee considered SENATE BILL NO. 346 "An Act requiring that charitable gaming permittees, operators, and vendors may not turn over a pull tab or bingo prize of $50 or more to a person entitled to that prize unless the person provides certain information to the permittee, operator, or vendor and signs a receipt for the prize; requiring the reporting of winners of prizes of $50 or more to the Department of Health and Social Services to ensure that recipients of services provided by the Department of Health and Social Services are reporting charitable gaming winnings and are eligible for those services" and recommended it be replaced with CS FOR SENATE BILL NO. 346(HES), entitled: "An Act providing that charitable gaming permittees, operators, and vendors may not turn over a pull tab or bingo prize of $50 or more to a person entitled to that prize unless the person presents proper picture identification, provides certain information to the permittee, operator, or vendor, and signs a receipt for the prize; and requiring the reporting of winners of prizes of $50 or more to the Department of Health and Social Services to ensure that recipients of services 1994-05-02 Senate Journal Page 4211 SB 346 provided by the Department of Health and Social Services are reporting charitable gaming winnings and are eligible for those services." Signing no recommendation: Senator Rieger, Chair, Senators Miller, Duncan, Sharp. Signing do pass: Senator Leman. Previous fiscal note and zero fiscal notes apply to the committee substitute. SENATE BILL NO. 346 was referred to the Judiciary Committee. SB 362 The Judiciary Committee considered SENATE BILL NO. 362 "An Act relating to insurance, to the licensing, accreditation, examination, regulation, and solvency of persons engaged in the insurance business, including insurers, nonadmitted insurers, purchasing groups, risk retention groups, and United States branches of alien insurers; relating to the management of and the filing of reports by persons licensed or otherwise doing business under the insurance code; amending Alaska Rule of Civil Procedure 45; and providing for an effective date" and recommended the Labor and Commerce Committee Substitute offered on page 3447 be adopted. Signing do pass: Senator Taylor, Chair. Signing no recommendation: Senators Little, Jacko. Previous zero fiscal note. SENATE BILL NO. 362 was referred to the Rules Committee. SB 370 Fiscal note for 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" published today from Department of Revenue. 1994-05-02 Senate Journal Page 4212 SB 375 The Resources Committee considered SENATE BILL NO. 375 "An Act relating to general grant land entitlements" and recommended it be replaced with CS FOR SENATE BILL NO. 375(RES) Signing do pass: Senator Miller, Chair, Senators Leman, Zharoff, Adams. Signing no recommendation: Senators Pearce, Frank. Fiscal note and zero fiscal note for the bill published today from Department of Natural Resources. Zero fiscal note for the bill and committee substitute published today from Department of Community and Regional Affairs. President Halford added a Finance Committee referral to the bill. SENATE BILL NO. 375 was referred to the Finance Committee. SB 378 The Finance Committee considered SENATE BILL NO. 378 "An Act relating to permanent fund dividend program notice requirements and to dividends of individuals convicted of felonies or misdemeanors; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 378(FIN), entitled: "An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals; and providing for an effective date." Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly, Rieger, Sharp. Previous fiscal note and zero fiscal notes apply to the committee substitute. 1994-05-02 Senate Journal Page 4213 SB 378 SENATE BILL NO. 378 was referred to the Rules Committee. HCR 32 The Finance Committee considered HOUSE CONCURRENT RESOLUTION NO. 32 Establishing the Joint Task Force on Military Bases in Alaska. Signing do pass: Senators Frank, Pearce, Cochairs, Senators Sharp, Rieger, Jacko, Kelly. Previous House zero fiscal note. HOUSE CONCURRENT RESOLUTION NO. 32 was referred to the Rules Committee. HJR 47 The Health, Education and Social Services Committee considered HOUSE JOINT RESOLUTION NO. 47 am Relating to schools on military installations. Signing do pass: Senator Rieger, Chair, Senators Miller, Leman, Sharp. Signing no recommendation: Senator Duncan. Previous House zero fiscal note. HOUSE JOINT RESOLUTION NO. 47 am was referred to the Rules Committee. HJR 52 The Health, Education and Social Services Committee considered HOUSE JOINT RESOLUTION NO. 52 Urging the Congress to amend the Social Security Act so that the higher cost of living in Alaska is reflected when the per capita income of the state is used as a factor in determining the federal share of Medicaid costs. Signing do pass: Senator Rieger, Chair, Senators Miller, Duncan, Leman, Sharp. Previous House zero fiscal note. HOUSE JOINT RESOLUTION NO. 52 was referred to the Rules Committee. 1994-05-02 Senate Journal Page 4214 HJR 54 The Health, Education and Social Services Committee considered SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 54 Relating to medical savings account legislation. Signing do pass: Senator Rieger, Chair, Senators Miller, Leman, Sharp. Signing no recommendation: Senator Duncan. Previous House zero fiscal note. SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 54 was referred to the Rules Committee. HJR 55 The Resources Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 55(RES) Relating to the importance to the economy of Southeast Alaska of continued timber harvests on the Tongass National Forest, and recommended it be replaced with SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 55(RES) Signing do pass: Senator Miller, Chair, Senators Leman, Zharoff. Signing no recommendation: Senators Adams, Pearce. Fiscal note information forthcoming. CS FOR HOUSE JOINT RESOLUTION NO. 55(RES) was referred to the Rules Committee. HJR 56 The Resources Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 56(RES) Relating to an exemption for federal land in Alaska from the federal PACFISH management strategy, and recommended it be replaced with SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 56(RES) Signing do pass: Senator Miller, Chair, Senators Leman, Zharoff, Frank. Signing no recommendation: Senators Adams, Pearce. 1994-05-02 Senate Journal Page 4215 HJR 56 Previous House zero fiscal note applies to the Senate committee substitute. CS FOR HOUSE JOINT RESOLUTION NO. 56(RES) was referred to the Rules Committee. HJR 59 The Resources Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 59(FSH) Relating to reduction of wanton waste in North Pacific Ocean and Bering Sea fisheries. Signing do pass: Senator Miller, Chair, Senators Adams, Zharoff, Leman, Pearce, Frank. Previous House zero fiscal note. CS FOR HOUSE JOINT RESOLUTION NO. 59(FSH) was referred to the Rules Committee. HJR 61 The Resources Committee considered HOUSE JOINT RESOLUTION NO. 61 Relating to the Western Alaska Community Development Quota Program and the North Pacific Fishery Management Council Comprehensive Rationalization Program. Signing do pass: Senator Miller, Chair, Senators Pearce, Leman, Frank, Zharoff. Previous House zero fiscal note. HOUSE JOINT RESOLUTION NO. 61 was referred to the Rules Committee. HB 2 The Finance Committee considered CS FOR HOUSE BILL NO. 2(RLS) "An Act requiring drug and alcohol tests for school bus drivers." Signing do pass: Senator Pearce, Cochair, Senators Sharp, Rieger, Jacko, Kelly. Signing no recommendation: Senator Kerttula. Previous fiscal note. CS FOR HOUSE BILL NO. 2(RLS) was referred to the Rules Committee. 1994-05-02 Senate Journal Page 4216 HB 214 The Judiciary Committee considered CS FOR HOUSE BILL NO. 214(JUD) "An Act allowing the parent or legal guardian of a minor to disclose information about the minor to certain state officials and state employees; prohibiting further disclosure of the information to unauthorized persons; amending Alaska Child in Need of Aid Rule 22; and providing for an effective date." Signing do pass: Senator Taylor, Chair, Senators Little, Jacko, Halford. Previous zero fiscal notes. CS FOR HOUSE BILL NO. 214(JUD) was referred to the Rules Committee. HB 222 The Finance Committee considered CS FOR HOUSE BILL NO. 222(FIN) "An Act relating to landlords and tenants and to the applicability of the Uniform Residential Landlord and Tenant Act, to termination of tenancies and recovery of rental premises, to tenant responsibilities, and to the civil remedies of forcible entry and detainer and nuisance abatement; and amending Rule 62(a) of the Alaska Rules of Civil Procedure and Rule 24(a) of the Alaska District Court Rules of Civil Procedure" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) Signing do pass: Senators Frank, Pearce, Cochairs, Senators Rieger, Sharp. Signing do not pass: Senator Jacko. Previous House fiscal note and zero fiscal note apply to the Senate committee substitute. CS FOR HOUSE BILL NO. 222(FIN) was referred to the Rules Committee. HB 230 The Finance Committee considered CS FOR HOUSE BILL NO. 230(FIN) "An Act relating to fees for a commercial fishing vessel license." Signing do pass: Senators Frank, Pearce, Cochairs, Senators Sharp, Rieger, Kelly, Jacko. 1994-05-02 Senate Journal Page 4217 HB 230 Previous House fiscal note. CS FOR HOUSE BILL NO. 230(FIN) was referred to the Rules Committee. HB 231 The Finance Committee considered CS FOR HOUSE BILL NO. 231(FIN) "An Act relating to when previous conduct constituting a sexual offense may be used as an aggravating factor at sentencing." Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly, Rieger, Sharp. Previous House zero fiscal notes. CS FOR HOUSE BILL NO. 231(FIN) was referred to the Rules Committee. HB 232 The Resources Committee considered HOUSE BILL NO. 232 "An Act relating to a bow hunting tag and bow hunting safety; and providing for an effective date" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 232(RES) Signing do pass: Senator Miller, Chair, Senators Frank, Leman, Pearce. Signing no recommendation: Senator Zharoff. Fiscal note for the Senate committee substitute published today from Department of Fish and Game. HOUSE BILL NO. 232 was referred to the Finance Committee. HB 239 The Resources Committee considered CS FOR HOUSE BILL NO. 239(RES) am "An Act relating to raffles and auctions of certain permits to take big game; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 239(RES) 1994-05-02 Senate Journal Page 4218 HB 239 Signing no recommendation: Senator Miller, Chair, Senators Zharoff, Leman. Signing do pass: Senator Pearce. Previous House fiscal note applies to the Senate committee substitute. CS FOR HOUSE BILL NO. 239(RES) am was referred to the Finance Committee. HB 316 The Judiciary Committee considered HOUSE BILL NO. 316 "An Act adopting the Uniform Statutory Rule Against Perpetuities; and providing for an effective date." Signing do pass: Senator Taylor, Chair, Senators Little, Jacko. Signing no recommendation: Senator Halford. Previous House zero fiscal note. HOUSE BILL NO. 316 was referred to the Rules Committee. HB 319 The Finance Committee considered CS FOR HOUSE BILL NO. 319(FIN) "An Act relating to the training of law enforcement and corrections officers; to the establishment of surcharges to be assessed for violations of certain traffic offenses; allowing defendants who are unable to pay the surcharge to perform community work; creating the Alaska police standards training fund; and providing for an effective date" and recommended the Judiciary Senate Committee Substitute offered on page 4013 be adopted. Signing do pass: Senators Frank, Pearce, Cochairs, Senators Sharp, Kerttula, Jacko, Kelly, Rieger. Previous House fiscal note and House zero fiscal notes. CS FOR HOUSE BILL NO. 319(FIN) was referred to the Rules Committee. 1994-05-02 Senate Journal Page 4219 HB 324 The Health, Education and Social Services Committee considered HOUSE BILL NO. 324 "An Act extending the termination date of the Board of Dental Examiners; and providing for an effective date." Signing no recommendation: Senator Rieger, Chair, Senators Miller, Duncan, Sharp. Signing do pass: Senator Leman. Previous House zero fiscal note. HOUSE BILL NO. 324 was referred to the Rules Committee. HB 328 The State Affairs Committee considered CS FOR HOUSE BILL NO. 328(FIN) "An Act allowing motor vehicle registration and licensing fees to be paid by credit card." Signing do pass: Senator Leman, Chair. Signing no recommendation: Senators Duncan, Taylor, Miller. Previous House fiscal note. CS FOR HOUSE BILL NO. 328(FIN) was referred to the Finance Committee. HB 334 The Judiciary Committee considered CS FOR HOUSE BILL NO. 334(FIN) am "An Act relating to criminal sentencing; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite 30- to 99-year terms of imprisonment for offenders convicted of an unclassified or class A felony that is a homicide, assault, kidnapping, sexual offense, or robbery and who have at least two prior most serious felony convictions; relating to parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three most serious felony convictions; defining `most serious felony' as an unclassified or class A felony offense that is a homicide, assault, kidnapping, sexual offense, or robbery or an attempt or conspiracy to commit, or criminal solicitation of, an unclassified or class A felony that is a homicide, assault, kidnapping, sexual offense, or robbery; and amending Alaska Rule of Criminal Procedure 35." Signing do pass: Senator Taylor, Chair, Senator Halford. Signing no recommendation: Senators Little, Jacko. 1994-05-02 Senate Journal Page 4220 HB 334 Previous House fiscal notes and House zero fiscal note. CS FOR HOUSE BILL NO. 334(FIN) am was referred to the Finance Committee. HB 351 The Finance Committee considered CS FOR HOUSE BILL NO. 351(FIN) am(efd add) "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" recommended the State Affairs Senate Committee Substitute offered on page 4014 be adopted. Signing do pass: Senator Frank, Cochair, Senators Kelly, Sharp. Signing no recommendation: Senator Pearce, Cochair, Senator Rieger. Fiscal note for the State Affairs Senate Committee Substitute published today from Department of Public Safety. Previous House fiscal note and House zero fiscal note. CS FOR HOUSE BILL NO. 351(FIN) am(efd add) was referred to the Rules Committee. HB 362 The Judiciary Committee considered CS FOR HOUSE BILL NO. 362(HES) am "An Act relating to the statute of limitations for actions brought upon a child support judgment; and establishing the crime of aiding the nonpayment of child support" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 362(JUD) Signing do pass: Senator Taylor, Chair, Senator Little. Signing no recommendation: Senator Jacko. Previous House zero fiscal note applies to the Senate committee substitute. CS FOR HOUSE BILL NO. 362(HES) am was referred to the Rules Committee. 1994-05-02 Senate Journal Page 4221 HB 367 The Judiciary Committee considered CS FOR HOUSE BILL NO. 367(JUD) am "An Act relating to limitations on outdoor advertising signs, displays, and devices and penalties for violations related to outdoor advertising." Signing do pass: Senator Taylor, Chair, Senators Jacko, Halford. Signing do not pass - billboard signs will proliferate across the state if this passes: Senator Little. Previous House zero fiscal note. CS FOR HOUSE BILL NO. 367(JUD) am was referred to the Rules Committee. HB 409 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 409(FIN) am(efd fld) "An Act relating to the maximum amount of assistance that may be granted under the adult public assistance program and the program of aid to families with dependent children; proposing a special demonstration project within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the project" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 409(HES) Signing no recommendation: Senator Rieger, Chair, Senator Miller. Signing do pass: Senator Sharp. Signing do pass, needs AFDC payment amendment: Senator Leman. Signing do not pass: Senator Duncan. Fiscal notes for the Senate committee substitute published today from Department of Health and Social Services (3). Previous House fiscal notes and zero fiscal notes apply to the Senate committee substitute. CS FOR HOUSE BILL NO. 409(FIN) am(efd fld) was referred to the Finance Committee. 1994-05-02 Senate Journal Page 4222 HB 420 The Judiciary Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 420(STA)(efd am) "An Act relating to limited liability companies; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 420(JUD) Signing do pass: Senator Taylor, Chair. Signing no recommendation: Senators Little, Jacko. Previous House zero fiscal note applies to the Senate committee substitute. CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 420(STA)(efd am) was referred to the Rules Committee. HB 421 The Finance Committee considered HOUSE BILL NO. 421 "An Act authorizing grants for temporary housing assistance during emergencies and disasters" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 421(FIN) Signing no recommendation: Senator Pearce, Cochair, Senators Sharp, Rieger, Jacko, Kerttula. Signing do pass: Senator Kelly. Previous House zero fiscal note applies to the Senate committee substitute. HOUSE BILL NO. 421 was referred to the Rules Committee. HB 427 The Finance Committee considered HOUSE BILL NO. 427 "An Act relating to compensation for members of the Local Boundary Commission" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 427(FIN) 1994-05-02 Senate Journal Page 4223 HB 427 Signing do pass: Senator Frank, Cochair, Senators Sharp, Jacko. Signing do pass either way: Senator Pearce, Cochair. Signing do pass as amended: Senator Kelly. Signing do pass without the amendment: Senator Rieger. Signing no recommendation: Senator Kerttula. Previous House fiscal note applies to the Senate committee substitute. HOUSE BILL NO. 427 was referred to the Rules Committee. HB 445 The Judiciary Committee considered HOUSE BILL NO. 445 am "An Act relating to administrative or court revocation of a driver's license resulting from operation of a motor vehicle, commercial motor vehicle, or aircraft; relating to chemical testing of a person's breath, urine, or blood if the person is involved in a motor vehicle accident that causes death or serious physical injury; relating to definitions applicable to commercial motor vehicle laws; relating to chemical testing of a person's breath, urine, or blood without the person's consent; and relating to the use in a civil or criminal action of the refusal of a person to submit to a chemical test" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 445(JUD), entitled: "An Act relating to operating or driving a motor vehicle, commercial motor vehicle, aircraft, or watercraft; to classifying certain driving while intoxicated offenses as felonies; to motor vehicle forfeiture; and providing for an effective date." (Title change authorized by SCR 22) Signing do pass: Senator Taylor, Chair, Senator Halford. Signing no recommendation: Senators Little, Jacko. Fiscal note information forthcoming. HOUSE BILL NO. 445 am was referred to the Finance Committee. 1994-05-02 Senate Journal Page 4224 HB 462 The Resources Committee considered HOUSE BILL NO. 462 "An Act repealing certain provisions of the laws, other than those in the Alaska Land Act, relating to recording requirements, labor and improvement requirements, and size requirements for mining claims and providing for the suspension or waiver of state annual mining labor requirements when the federal government has suspended or waived federal annual mining labor requirements administratively or by statute; and providing for an effective date" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 462(RES) Signing do pass: Senator Miller, Chair, Senators Leman, Frank, Pearce. Signing no recommendation: Senator Zharoff. Previous House zero fiscal note applies to the Senate Committee Substitute. HOUSE BILL NO. 462 was referred to the Rules Committee. HB 472 The Health, Education and Social Services Committee considered HOUSE BILL NO. 472 "An Act relating to referrals involving dental services." Signing do pass: Senator Rieger, Chair. Signing no recommendation: Senators Miller, Duncan, Leman, Sharp. Previous House zero fiscal note. HOUSE BILL NO. 472 was referred to the Judiciary Committee. HB 478 The Health, Education and Social Services considered CS FOR HOUSE BILL NO. 478(HES) am "An Act relating to the authority of mobile intensive care paramedics, physician assistants, and emergency medical technicians to pronounce death under certain circumstances." Signing do pass: Senator Rieger, Chair, Senators Miller, Duncan, Sharp. Signing no recommendation: Senator Leman. Previous House zero fiscal notes. 1994-05-02 Senate Journal Page 4225 HB 478 CS FOR HOUSE BILL NO. 478(HES) am was referred to the Rules Committee. HB 498 The Finance Committee considered CS FOR HOUSE BILL NO. 498(FIN) "An Act providing for exploration incentive credits for activities involving locatable and leasable minerals and coal deposits on certain land in the state; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 498(FIN) Signing do pass: Senator Frank, Cochair, Senators Kelly, Sharp. Signing no recommendation: Senator Pearce, Cochair, Senator Rieger. Fiscal note information forthcoming. CS FOR HOUSE BILL NO. 498(FIN) was referred to the Rules Committee. HB 506 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 506(FIN) am "An Act relating to student loans; to sanctions for defaulting on a student loan, including denial of a state occupational license; and providing for an effective date." Signing do not pass: Senator Rieger, Chair. Signing do pass: Senators Leman, Sharp. Signing no recommendation: Senators Miller, Duncan. Fiscal note published today from Department of Education. Zero fiscal note published today from Department of Administration. Previous House fiscal note. CS FOR HOUSE BILL NO. 506(FIN) am was referred to the Finance Committee. 1994-05-02 Senate Journal Page 4226 HB 507 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 507(FIN) "An Act relating to licensure by the State Medical Board and temporary permits for certain optometrists" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 507(HES) Signing do pass: Senator Rieger, Chair. Signing no recommendation: Senators Miller, Duncan, Leman, Sharp. Previous House fiscal note applies to the Senate committee substitute. CS FOR HOUSE BILL NO. 507(FIN) was referred to the Finance Committee. HB 531 The State Affairs Committee considered CS FOR HOUSE BILL NO. 531(STA) am "An Act relating to the Milk Control Advisory Board, Museum Collections Advisory Committee, Alaska Workers' Compensation Board, resource development authorities, Board of Parole, railroad labor relations agency, Alaska School Activities Association, Steering Council for Alaska Lands, Rural Affairs Commission, Governor's Commission on the Involvement of Young People in Government, Yukon-Taiya Commission, environmental advisory board, Alaska Gas Pipeline Financing Authority, and Alaska Manpower Services Council; and establishing regional resource development authorities; and providing for an effective date." Signing do pass: Senator Leman, Chair. Signing no recommendation: Senators Taylor, Miller, Duncan. Previous House zero fiscal notes. CS FOR HOUSE BILL NO. 531(STA) am was referred to the Rules Committee. SB 21 The Rules Committee considered SENATE BILL NO. 21 "An Act relating to child visitation rights of grandparents and other persons who are not the parents of the child." Signing to calendar: Senator Halford, Chair, Senators Rieger, Little, Zharoff. 1994-05-02 Senate Journal Page 4227 SB 21 SENATE BILL NO. 21 is on today's calendar. HB 3 The Rules Committee considered HOUSE BILL NO. 3 "An Act relating to public home care providers; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Little, Zharoff. HOUSE BILL NO. 3 is on today's calendar. HB 28 The Rules Committee considered CS FOR HOUSE BILL NO. 28(JUD) am "An Act relating to the penalty for providing alcoholic beverages to a person under the age of 21; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff. Signing no recommendation: Senator Little. CS FOR HOUSE BILL NO. 28(JUD) am is on today's calendar. HB 373 The Rules Committee considered HOUSE BILL NO. 373 "An Act relating to investments of the permanent fund involving equity interests in and debt obligations secured by mortgages on real estate; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Little, Jacko. Signing no recommendation: Senator Zharoff. HOUSE BILL NO. 373 is on today's calendar. HB 392 The Rules Committee considered 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." Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff, Jacko. Signing no recommendation: Senator Little. Zero fiscal note for the Finance Senate Committee Substitute published today from Department of Revenue. CS FOR HOUSE BILL NO. 392(FIN) am is on today's calendar. 1994-05-02 Senate Journal Page 4228 HB 450 The Rules Committee considered HOUSE BILL NO. 450 "An Act relating to investment pools for public entities; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Little, Zharoff. HOUSE BILL NO. 450 is on today's calendar. HB 497 The Rules 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 to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senators Little, Zharoff. CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 497(CRA)(title am) is on today's calendar. SPECIAL COMMITTEE REPORTS SB 255 The following report was received and distributed at 9:05 a.m., May 2, 1994: April 30, 1994 Mr. President: Madam Speaker: The CONFERENCE COMMITTEE considered CS FOR SENATE BILL NO. 255(STA) and CS FOR SENATE BILL NO. 255(STA) am H and recommends CONFERENCE CS FOR SENATE BILL NO. 255 "An Act establishing a comprehensive policy relating to human resource development in the state." be adopted. 1994-05-02 Senate Journal Page 4229 SB 255 Signing the report: Senator Phillips, Chair, Senators Leman, Zharoff, Representative Sanders, Chair, Representative Kott. Representative Menard was excused. Senator Taylor moved that the Senate adopt CONFERENCE CS FOR SENATE BILL NO. 255. The question being: "Shall CONFERENCE CS FOR SENATE BILL NO. 255 pass the Senate?" The roll was taken with the following result: CCS SB 255 Adopt Conference Committee Report? YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Halford, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Absent: Frank, Jacko and so, CONFERENCE CS FOR SENATE BILL NO. 255 "An Act establishing a comprehensive policy relating to human resource development in the state" passed the Senate. The Secretary was requested to notify the House. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 381 SENATE BILL NO. 381 BY THE SENATE FINANCE COMMITTEE, entitled: "An Act relating to the construction of the Alaska Orbital Launch Complex by the Alaska Aerospace Development Corporation." was read the first time and referred to the Finance Committee. 1994-05-02 Senate Journal Page 4230 CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 21 SENATE BILL NO. 21 "An Act relating to child visitation rights of grandparents and other persons who are not the parents of the child" was read the second time. Senator Salo offered Amendment No. 1 : Page 1, line 14: Delete "(c)" Insert "(b)" Page 3, lines 5-7: Delete all material. Insert a new subsection to read: "(i) The court may deny a final decree of dissolution if the petition concerns child custody and there are no provisions for visitation rights of the grandparents of the children." Senator Salo moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 21 am be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. Senator Kelly called the Senate on the entire calendar. President Halford stated the call was satisfied. SENATE BILL NO. 21 am was read the third time. Senators Ellis, Taylor, Pearce, Leman, Kerttula, Duncan, Zharoff, Sharp moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. 1994-05-02 Senate Journal Page 4231 SB 21 The question being: "Shall SENATE BILL NO. 21 am "An Act relating to child visitation rights of grandparents and other persons who are not the parents of the child" pass the Senate?" The roll was taken with the following result: SB 21 am Third Reading - Final Passage YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Phillips and so, SENATE BILL NO. 21 am passed the Senate. SENATE BILL NO. 21 am was referred to the Secretary for engrossment. SECOND READING OF HOUSE BILLS HB 3 HOUSE BILL NO. 3 "An Act relating to public home care providers; and providing for an effective date" was read the second time. Senators Kerttula, Duncan, Jacko, Pearce, Zharoff, Ellis, Little, Taylor, Kelly, Donley moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 2886. Without objection, SENATE CS FOR HOUSE BILL NO. 3(JUD) was adopted. SENATE CS FOR HOUSE BILL NO. 3(JUD) was read the second time. 1994-05-02 Senate Journal Page 4232 HB 3 Senator Taylor moved and asked unanimous consent that SENATE CS FOR HOUSE BILL NO. 3(JUD) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR HOUSE BILL NO. 3(JUD) was read the third time. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 3(JUD) "An Act relating to public home care providers; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS HB 3(JUD) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, SENATE CS FOR HOUSE BILL NO. 3(JUD) 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. SENATE CS FOR HOUSE BILL NO. 3(JUD) was referred to the Secretary for engrossment. HB 28 CS FOR HOUSE BILL NO. 28(JUD) am "An Act relating to the penalty for providing alcoholic beverages to a person under the age of 21; and providing for an effective date" was read the second time. 1994-05-02 Senate Journal Page 4233 HB 28 Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 28(JUD) am be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 28(JUD) am was read the third time. Senators Little, Pearce, Sharp, Salo, Donley, Leman, 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. 28(JUD) am "An Act relating to the penalty for providing alcoholic beverages to a person under the age of 21; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 28(JUD) am Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, CS FOR HOUSE BILL NO. 28(JUD) am 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. 28(JUD) am was signed by the President and Secretary and returned to the House. HB 392 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" was read the second time. 1994-05-02 Senate Journal Page 4234 HB 392 Senator Taylor moved and asked unanimous consent that the bill be returned to the Rules Committee. Senator Adams objected, then withdrew his objection. There being no further objections, CS FOR HOUSE BILL NO. 392(FIN) am was returned to the Rules Committee. HB 450 HOUSE BILL NO. 450 "An Act relating to investment pools for public entities; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 450 be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 450 was read the third time. The question being: "Shall HOUSE BILL NO. 450 "An Act relating to investment pools for public entities; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 450 Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, HOUSE BILL NO. 450 passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. HOUSE BILL NO. 450 was signed by the President and Secretary and returned to the House. 1994-05-02 Senate Journal Page 4235 HB 497 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" was read the second time. Senator Kelly moved and asked unanimous consent for the adoption of the Labor and Commerce Senate Committee Substitute offered on page 4017. Without objection, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 497(L&C) was adopted. Senator Kerttula moved and asked unanimous consent that he be shown as a cross sponsor on the bill. Without objection, it was so ordered. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 497(L&C) was read the second time. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 497(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 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 497(L&C) was read the third time. The question being: "Shall SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 497(L&C) "An Act relating to the titles that describe the two principal executive officers of electric and telephone cooperatives" pass the Senate?" The roll was taken with the following result: SCS CS SSHB 497(L&C) Third Reading - Final Passage YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Phillips, Sharp, Taylor Nays: Donley, Ellis, Little, Miller, Pearce, Rieger, Salo, Zharoff 1994-05-02 Senate Journal Page 4236 HB 497 and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 497(L&C) passed the Senate. Senator Zharoff gave notice of reconsideration. HB 373 HOUSE BILL NO. 373 "An Act relating to investments of the permanent fund involving equity interests in and debt obligations secured by mortgages on real estate; and providing for an effective date" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 4015. Senator Adams objected, then withdrew his objection. There being no further objections, SENATE CS FOR HOUSE BILL NO. 373(FIN) was adopted. SENATE CS FOR HOUSE BILL NO. 373(FIN) was read the second time. Senator Taylor moved and asked unanimous consent that SENATE CS FOR HOUSE BILL NO. 373(FIN) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR HOUSE BILL NO. 373(FIN) was read the third time. Senator Pearce moved and asked unanimous consent that the Finance Committee Letter of Intent (page 4016) be adopted. Without objection, the Senate Letter of Intent was adopted. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 373(FIN) "An Act relating to investments of the permanent fund involving equity interests in and debt obligations secured by mortgages on real estate; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1994-05-02 Senate Journal Page 4237 HB 373 SCS HB 373(FIN) Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Kerttula and so, SENATE CS FOR HOUSE BILL NO. 373(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. SENATE CS FOR HOUSE BILL NO. 373(FIN) was referred to the Secretary for engrossment. SENATE BILLS IN SECOND READING SB 313 SENATE BILL NO. 313 "An Act relating to the Comprehensive Health Insurance Association and to health insurance provided to residents of the state who are high risks; and providing for an effective date" which had been held in second reading (page 4153) was before the Senate. Senator Rieger had moved for the adoption of Amendment No. 2, offered by Senators Rieger, Kelly (page 4134) on April 29. Senator Kelly lifted the call. 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 12:45 p.m. 1994-05-02 Senate Journal Page 4238 AFTER RECESS The Senate reconvened at 1:38 p.m. Senator Taylor called the Senate on the balance of today's calendar. President Halford stated the call was satisfied. SB 313 Senator Pearce moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 2: Delete: *Section 1. in its entirety Renumber accordingly. Delete: Page 1, line 1 after "Act": "prohibiting a civil action based on professional negligence against a health care provider by a person who on the date of the negligent act or omission is less than two years of age, unless the action is brought before the person's eighth birthday;" Senator Little objected, then withdrew her objection. There being no further objections, amendment to Amendment No. 2 was adopted. The question being: "Shall Amendment No. 2 as amended be adopted?" The roll was taken with the following result: SB 313 Second Reading Amendment No. 2 as amended YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, Amendment No. 2 as amended was adopted. 1994-05-02 Senate Journal Page 4239 SB 313 Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 313 am "An Act relating to the Comprehensive Health Insurance Association and to health insurance provided to residents of the state who are high risks; relating to health insurance fees, charges, premiums, rates, and rating factors; relating to disclosure of health care provider prices, a health care data system, and uniform data and procedures for health care billing and payment of claims; relating to coordination of insurance benefits and to determination and disclosure of fees paid to an insured or health care provider; establishing an advisory committee on a health care plan and an advisory committee on public health; and providing for an effective date" be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 313 am was read the third time. The question being: "Shall SENATE BILL NO. 313 am "An Act relating to the Comprehensive Health Insurance Association and to health insurance provided to residents of the state who are high risks; relating to health insurance fees, charges, premiums, rates, and rating factors; relating to disclosure of health care provider prices, a health care data system, and uniform data and procedures for health care billing and payment of claims; relating to coordination of insurance benefits and to determination and disclosure of fees paid to an insured or health care provider; establishing an advisory committee on a health care plan and an advisory committee on public health; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SB 313 am Third Reading - Final Passage Effective Date YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Halford, Kerttula, Lincoln, Little, Salo, Zharoff and so, SENATE BILL NO. 313 am failed. 1994-05-02 Senate Journal Page 4240 SB 313 Senator Taylor gave notice of reconsideration. THIRD READING OF SENATE BILLS SB 213 CS FOR SENATE BILL NO. 213(FIN) am "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" was read the third time. Senator Donley moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Senators Donley, Taylor offered Amendment No. 2 : Page 5, lines 18-20: Delete "is exempt from the provisions of this chapter other than AS 42.05.221 - 42.05.281 [,] unless [25 PERCENT OF] the subscribers petition the commission for regulation under the procedure described in AS 42.05.712" Insert "may elect to be [IS] exempt from the provisions of this chapter other than AS 42.05.221 - 42.05.281 under the procedure described in AS 42.05.712 [, UNLESS 25 PERCENT OF THE SUBSCRIBERS PETITION THE COMMISSION FOR REGULATION]." Senator Donley moved for the adoption of Amendment No. 2. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 213(FIN) am Second Reading Amendment No. 2 YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Miller, Rieger, Taylor Nays: Adams, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Pearce, Phillips, Salo, Sharp, Zharoff 1994-05-02 Senate Journal Page 4241 SB 213 and so, Amendment No. 2 failed. CS FOR SENATE BILL NO. 213(FIN) am was automatically in third reading. The question being: "Shall CS FOR SENATE BILL NO. 213(FIN) am "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" pass the Senate?" The roll was taken with the following result: CSSB 213(FIN) am Third Reading - Final Passage Effective Date YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp Nays: Adams, Duncan, Ellis, Halford, Jacko, Kerttula, Lincoln, Little, Salo, Taylor, Zharoff and so, CS FOR SENATE BILL NO. 213(FIN) am failed. Senator Ellis gave notice of reconsideration. THIRD READING OF HOUSE BILLS HB 442 SENATE CS FOR CS FOR HOUSE BILL NO. 442(FIN) was read the third time. The question being: "Shall SENATE CS FOR 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" pass the Senate?" The roll was taken with the following result: 1994-05-02 Senate Journal Page 4242 HB 442 SCS CSHB 442(FIN) Third Reading - Final Passage 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, SENATE CS FOR CS FOR HOUSE BILL NO. 442(FIN) passed the Senate. 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: SCS CSHB 442(FIN) Effective Date Vote YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Adams, Duncan, Salo and so, the effective date clause was adopted. Senator Adams gave notice of reconsideration. SENATE BILLS IN THIRD READING SB 370 CS FOR SENATE BILL NO. 370(FIN) which had been held on reconsideration (page 4187) was before the Senate. 1994-05-02 Senate Journal Page 4243 SB 370 The question to be reconsidered: "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 - On Reconsideration YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Jacko, Lincoln, Little, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Donley, Halford, Kelly, Kerttula, Leman, Miller, Pearce, Phillips Halford changed from "Yea" to "Nay". and so, CS FOR SENATE BILL NO. 370(FIN) passed the Senate on reconsideration. Senator Taylor moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: 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. 1994-05-02 Senate Journal Page 4244 SB 370 CS FOR SENATE BILL NO. 370(FIN) was referred to the Secretary for engrossment. HOUSE BILLS IN THIRD READING HB 49 SENATE CS FOR CS FOR HOUSE BILL NO. 49(STA) which had been held on reconsideration (page 4177) was before the Senate. The question to be reconsidered: "Shall 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" pass the Senate?" The roll was taken with the following result: SCS CSHB 49(STA) Third Reading - On Reconsideration Effective Date YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Jacko, Kelly, Leman, Miller, Pearce, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Halford, Kerttula, Lincoln, Little, Phillips, Rieger, Salo, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 49(STA) failed. SENATE CS FOR CS FOR HOUSE BILL NO. 49(STA)(fld S) was returned to the House. HB 323 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" which had been held on reconsideration (page 4177) was before the Senate. 1994-05-02 Senate Journal Page 4245 HB 323 Senator Leman moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 323(STA) be returned to second reading for the purpose of rescinding action in failing to adopt Amendment No. 1 (page 3984). Senator Little objected. The question being: "Shall the bill be returned to second reading for the purpose of rescinding action? The roll was taken with the following result: SCS CSHB 323(STA) Return to 2nd to Rescind Previous Action in failing Amendment #1 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Salo, Zharoff and so, the bill was not returned to second reading. Senator Leman moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Senator Little objected. The question being: "Shall the bill be returned to second reading?" The roll was taken with the following result: SCS CSHB 323(STA) Return to Second for Specific Amendment YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the bill was returned to second reading. 1994-05-02 Senate Journal Page 4246 HB 323 Senator Leman offered Amendment No. 2 : Page 2, lines 2 - 3 and 10 - 11: After "fetus" Insert "or embryo" Delete "whose death was caused by an induced abortion" Senator Leman moved for the adoption of Amendment No. 2. Senator Ellis objected. Senator Rieger offered Amendment to Amendment No. 2: Delete "or embryo" Senator Rieger moved for the adoption of amendment to Amendment No. 2. Senator Rieger moved and asked unanimous consent that his motion be withdrawn. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 323(STA) be held in second reading to the May 3 calendar with Amendment No. 2 pending. Without objection, it was so ordered. HB 454 SENATE CS FOR CS FOR HOUSE BILL NO. 454(RLS) which had been held on reconsideration (page 4184) was before the Senate. Senator Taylor moved and asked unanimous consent that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 454(RLS) be held to the May 3 calendar. Without objection, it was so ordered. HB 491 SENATE CS FOR HOUSE BILL NO. 491(STA) "An Act relating to reports by the Alaska Science and Technology Foundation" which had been held on reconsideration (page 4185) was before the Senate. 1994-05-02 Senate Journal Page 4247 HB 491 Senator Adams moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, it was so ordered. Senator Adams offered Amendment No. 2 : Page 1, lines 3 - 6: Delete all material. Insert a new bill section to read: "* Section 1. REPORTS BY THE ALASKA SCIENCE AND TECHNOLOGY FOUNDATION. By the effective date of this Act, the Alaska Science and Technology Foundation shall submit reports to the governor and to the legislature concerning the following: (1) the minimum length of time reasonably necessary to wind up its current affairs preparatory to discontinuance of the foundation's existence; and (2) the amount of money in the foundation's funds, including the Alaska science and technology endowment (AS37.17.020), the BIDCO fund (AS37.17.210), and any other money, that could be returned to the general fund after termination of the foundation." Senator Adams moved for the adoption of Amendment No. 2. Senator Frank objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCSHB 491(STA) Second Reading Amendment No. 2 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Halford, Jacko, Kerttula, Lincoln, Phillips, Salo, Taylor, Zharoff Nays: Ellis, Frank, Kelly, Leman, Little, Miller, Pearce, Rieger, Sharp 1994-05-02 Senate Journal Page 4248 HB 491 Jacko changed from "Nay" to "Yea". Kerttula changed from "Nay" to "Yea". and so, Amendment No. 2 was adopted. SENATE CS FOR HOUSE BILL NO. 491(STA) am S was automatically in third reading. The question to be reconsidered: "Shall SENATE CS FOR HOUSE BILL NO. 491(STA) am S "An Act relating to reports by the Alaska Science and Technology Foundation" pass the Senate?" The roll was taken with the following result: SCSHB 491(STA) am S Third Reading - On Reconsideration YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Jacko, Kelly, Leman, Pearce, Phillips, Taylor Nays: Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Miller, Rieger, Salo, Sharp, Zharoff Little changed from "Yea" to "Nay". Lincoln changed from "Yea" to "Nay". and so, SENATE CS FOR HOUSE BILL NO. 491(STA) am S failed. SENATE CS FOR HOUSE BILL NO. 491(STA) am S(fld S) was returned to the House. THIRD READING OF SENATE RESOLUTIONS SJR 36 CS FOR SENATE JOINT RESOLUTION NO. 36(JUD) Proposing amendments to the Constitution of the State of Alaska requiring a runoff election when the candidates for governor and lieutenant governor obtaining the greatest number of votes at the general election do not receive more than 40 percent of the votes cast, and changing the term of office of the governor and the lieutenant governor, was read the third time. 1994-05-02 Senate Journal Page 4249 SJR 36 Senator Rieger moved and asked unanimous consent that he be shown as a cosponsor on the resolution. Without objection, it was so ordered. The question being: "Shall CS FOR SENATE JOINT RESOLUTION NO. 36(JUD) Proposing amendments to the Constitution of the State of Alaska requiring a runoff election when the candidates for governor and lieutenant governor obtaining the greatest number of votes at the general election do not receive more than 40 percent of the votes cast, and changing the term of office of the governor and the lieutenant governor, pass the Senate?" The roll was taken with the following result: CSSJR 36(JUD) Third Reading - Final Passage YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Leman, Lincoln, Zharoff and so, CS FOR SENATE JOINT RESOLUTION NO. 36(JUD) failed. CS FOR SENATE JOINT RESOLUTION NO. 36(JUD)(fld S) was referred to the Secretary for permanent filing. CITATIONS Honoring - Houston Jr/Sr High Future Homemakers of America by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Duncan, Leman, Pearce, Zharoff Honoring - Palmer High School Future Homemakers of America by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Duncan, Rieger, Leman, Pearce, Zharoff 1994-05-02 Senate Journal Page 4250 Honoring - Colony High Science Olympiad Champions by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Duncan, Leman, Little, Pearce, Zharoff Honoring - Wasilla High Future Homemakers of America by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Duncan, Leman, Pearce, Zharoff Honoring - Dillingham High School Girls Volleyball Team, Region I Champions by Senator(s) Jacko, Duncan, Leman, Little, Pearce, Zharoff, Lincoln Honoring - Esther Shea by Representative(s) Williams Senator(s) Taylor, Duncan, Little, Lincoln, Zharoff Honoring - Officer John Delaney by Representative(s) Kott Senator(s) Phillips, Halford, Kerttula, Duncan, Donley, Pearce, Lincoln, Zharoff Honoring - Peter Richardson by Representative(s) Olberg Senator(s) Lincoln, Duncan, Leman, Kerttula, Zharoff Honoring - Valdez High School Girls Volleyball Team, 1994 - 3A State Champions by Representative(s) Olberg Senator(s) Lincoln, Duncan, Leman, Little, Pearce, Kerttula, Zharoff Honoring - The Ann Frank Exhibit, Anchorage Museum of History and Art by Senator(s) Little, Duncan, Ellis, Salo, Pearce, Lincoln, Kerttula, Zharoff In Memoriam - Leigh Ann Barnes and Lindsay Leigh Hurst by Senator(s) Lincoln, Duncan, Leman, Salo, Adams, Phillips, Little, Zharoff Representative(s) Olberg, Nicholia 1994-05-02 Senate Journal Page 4251 In Memoriam - Gilbert Donald McLeod by Representative(s) Williams Senator(s) Duncan, Lincoln, Zharoff 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 170 President Halford stated HOUSE BILL NO. 170 "An Act extending the termination date of the Board of Marine Pilots" would be taken from the Rules Committee and referred to the Finance Committee. HOUSE BILL NO. 170 was referred to the Finance Committee. SB 320 Senator Leman requested that the reconsideration on CS FOR SENATE BILL NO. 320(FIN) am "An Act relating to membership on the Board of Registration for Architects, Engineers, and Land Surveyors; relating to registration by the board; clarifying the meaning of practicing or offering to practice architecture, engineering, or land surveying; relating to registration of landscape architects; and amending the definition of `practice of land surveying'" be taken up. SENATE BILLS IN THIRD READING SB 320 CS FOR SENATE BILL NO. 320(FIN) am was before the Senate on reconsideration. Senator Leman moved and asked unanimous consent that the bill be returned to second reading for the purpose of rescinding its previous action in adopting Amendment No. 2. Senator Taylor objected. The question being: "Shall CS FOR SENATE BILL NO. 320(FIN) am be returned to second reading?" The roll was taken with the following result: CSSB 320(FIN) am Return to Second to Rescind Previous Action 1994-05-02 Senate Journal Page 4252 SB 320 YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Duncan, Ellis, Frank, Kelly, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Zharoff Nays: Adams, Donley, Halford, Jacko, Kerttula, Taylor and so, the bill was returned to second reading. Senator Leman moved that the Senate rescind its previous action in adopting Amendment No. 2. Senator Taylor objected. The question being: "Shall the Senate rescind its previous action in adopting Amendment No. 2?" The roll was taken with the following result: CSSB 320(FIN) am Second Reading Rescind action in adopting amendment #2 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Duncan, Ellis, Kelly, Leman, Little, Pearce, Phillips, Salo, Sharp, Zharoff Nays: Adams, Donley, Frank, Halford, Jacko, Kerttula, Lincoln, Miller, Rieger, Taylor and so, the motion failed. CS FOR SENATE BILL NO. 320(FIN) am was automatically in third reading. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 320(FIN) am "An Act relating to membership on the Board of Registration for Architects, Engineers, and Land Surveyors; relating to registration by the board; clarifying the meaning of practicing or offering to practice architecture, engineering, or land surveying; relating to registration of landscape architects; and amending the definition of `practice of land surveying.'" pass the Senate?" The roll was taken with the following result: 1994-05-02 Senate Journal Page 4253 SB 320 CSSB 320(FIN) am Third Reading - On Reconsideration YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Frank, Leman, Lincoln, Miller, Phillips, Rieger, Salo, Taylor Nays: Duncan, Ellis, Halford, Jacko, Kelly, Kerttula, Little, Pearce, Sharp, Zharoff and so, CS FOR SENATE BILL NO. 320(FIN) am failed. SB 256 Senator Sharp requested that the reconsideration on CS FOR SENATE BILL NO. 256(TRA) "An Act relating to the tax on transfers and consumption of aviation fuel; and providing for an effective date" be taken up. SENATE BILLS IN THIRD READING SB 256 CS FOR SENATE BILL NO. 256(TRA) was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 256(TRA) "An Act relating to the tax on transfers and consumption of aviation fuel; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 256(TRA) Third Reading - On Reconsideration Effective Date 1994-05-02 Senate Journal Page 4254 SB 256 YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Jacko, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Sharp, Taylor, Zharoff Nays: Donley, Halford, Kerttula, Little, Phillips, Salo Kerttula changed from "Yea" to "Nay". and so, CS FOR SENATE BILL NO. 256(TRA) passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. CS FOR SENATE BILL NO. 256(TRA) was referred to the Secretary for engrossment. SB 339 Senator Duncan requested that the reconsideration on 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" be taken up. SENATE BILLS IN THIRD READING SB 339 CS FOR SENATE BILL NO. 339(RES) was before the Senate on reconsideration. The question to be reconsidered: "Shall 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" pass the Senate?" The roll was taken with the following result: CSSB 339(RES) Third Reading - On Reconsideration 1994-05-02 Senate Journal Page 4255 SB 339 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, CS FOR SENATE BILL NO. 339(RES) passed the Senate. 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: CSSB 339(RES) Effective Date Vote YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Zharoff and so, the effective date clause failed. CS FOR SENATE BILL NO. 339(RES)(efd fld) was referred to the Secretary for engrossment. SB 56 Senator Pearce requested that the reconsideration on CS FOR SENATE BILL NO. 56(FIN) "An Act relating to repayment of money appropriated from the budget reserve fund" be taken up. SENATE BILLS IN THIRD READING SB 56 CS FOR SENATE BILL NO. 56(FIN) was before the Senate on reconsideration. 1994-05-02 Senate Journal Page 4256 SB 56 Senator Pearce moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 56(FIN) be held to the May 3 calendar. Without objection, it was so ordered. UNFINISHED BUSINESS SB 237 Senator Pearce, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on SENATE BILL NO. 237 "An Act relating to offenses involving delivery of firearms to minors and to offenses involving possession of dangerous instruments, including firearms, by minors." Without objection, it was so ordered. SENATE BILL NO. 237 was referred to the Rules Committee. SB 363 Senator Pearce requested that the reconsideration on CS FOR SENATE BILL NO. 363(FIN) am "An Act making appropriations for capital project matching grant funds and for capital projects; making an appropriation for the continuation of federal litigation; and providing for an effective date" be taken up. SENATE BILLS IN THIRD READING SB 363 CS FOR SENATE BILL NO. 363(FIN) am was before the Senate on reconsideration. Senator Pearce moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 363(FIN) am be held to the May 3 calendar. Without objection, it was so ordered. UNFINISHED BUSINESS HJR 50 Senator Ellis requested that the reconsideration on CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) Relating to the North Pacific Fishery Management Council comprehensive rationalization plan, be taken up at this time. 1994-05-02 Senate Journal Page 4257 HOUSE RESOLUTIONS IN THIRD READING HJR 50 CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) was before the Senate in third reading on reconsideration. The question to be reconsidered: "Shall CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) Relating to the North Pacific Fishery Management Council comprehensive rationalization plan, pass the Senate?" The roll was taken with the following result: CSHJR 50(RES) Third Reading - On Reconsideration YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) passed the Senate on reconsideration. CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) was signed by the President and Secretary and returned to the House. UNFINISHED BUSINESS SB 101 Senator Donley requested that the reconsideration on 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 adult public assistance program" be taken up. 1994-05-02 Senate Journal Page 4258 SENATE BILLS IN THIRD READING SB 101 CS FOR SENATE BILL NO. 101(FIN)(title am) was before the Senate on reconsideration. The question to be reconsidered: "Shall 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 adult public assistance program" pass the Senate?" The roll was taken with the following result: CSSB 101(FIN)(TITLE AM) Third Reading - On Reconsideration YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Ellis, Kerttula, Little, Salo, Zharoff and so, CS FOR SENATE BILL NO. 101(FIN)(title am) passed the Senate on reconsideration. CS FOR SENATE BILL NO. 101(FIN)(title am) was referred to the Secretary for engrossment. UNFINISHED BUSINESS SB 320 Senator Taylor moved that the Senate rescind its previous action in failing CS FOR SENATE BILL NO. 320(FIN) am "An Act relating to membership on the Board of Registration for Architects, Engineers, and Land Surveyors; relating to registration by the board; clarifying the meaning of practicing or offering to practice architecture, engineering, or land surveying; relating to registration of landscape architects; and amending the definition of `practice of land surveying.'" 1994-05-02 Senate Journal Page 4259 SB 320 President Halford stated that the rescinding motion pending will be held to May 3. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 21 SENATE BILL NO. 21 am "An Act relating to child visitation rights of grandparents and other persons who are not the parents of the child" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 101 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 adult public assistance program" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 256 CS FOR SENATE BILL NO. 256(TRA) "An Act relating to the tax on transfers and consumption of aviation fuel; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 339 CS FOR SENATE BILL NO. 339(RES)(efd fld) "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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1994-05-02 Senate Journal Page 4260 SB 370 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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 3 SENATE CS FOR HOUSE BILL NO. 3(JUD) "An Act relating to public home care providers; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 373 SENATE CS FOR HOUSE BILL NO. 373(FIN) "An Act relating to investments of the permanent fund involving equity interests in and debt obligations secured by mortgages on real estate; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration with a Senate Letter of Intent. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 3, 1994. Without objection, the Senate adjourned at 4:58 p.m. Nancy Quinto Secretary of the Senate May 1994 1994-05-02 Senate Journal Page 4261 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 MAY 03 TUESDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 518 MAY 02 MONDAY 10:00 AM HB 2 DRUG TESTING FOR SCHOOL BUS DRIVERS HB 128 EARLY ACKNOWLEDGEMENT OF PATERNITY HB 421 GRANTS FOR HOUSING DURING DISASTER MAY 03 TUESDAY 9:00 AM HB 128 EARLY ACKNOWLEDGEMENT OF PATERNITY HB 232 BOW HUNTING STAMP & BOW HUNTING SAFETY HB 239 RAFFLE OR AUCTION OF BIG GAME PERMITS HB 328 PAY MOTOR VEHICLE FEES BY CREDIT CARD HB 342 TOURISM MARKETING COUNCIL;FINANCES/EXTEND HB 409 AFDC DEMO PROJECT AND DECREASE HB 445 DWI LAWS SB 381 ALASKA ORBITAL LAUNCH COMPLEX HB 506 STUDENT LOAN PROGRAM ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAY 02 MONDAY 5:00 PM ** TO MEET UPON ADJOURNMENT ** HB 412 COMMUNITY CARE FACILITIES HB 234 UNIVERSITY OF AK ENDOWMENT TRUST FUND MAY 03 TUESDAY 1:30 PM HB 538 UNIFORM HEALTH CARE CLAIMS PROCEDURES BILLS PREVIOUSLY HEARD 1994-05-02 Senate Journal Page 4262 JUDICIARY BELTZ ROOM 211 MAY 02 MONDAY 4:00 PM **** CANCELLED - RESCHEDULED TO 05/03/94 **** HB 403 AUTOMOTIVE LIABILITY INSURANCE COVERAGE HB 439 UNIFORM FRAUDULENT TRANSFER ACT HB 417 POSSESSION OF FIREARMS IN SCHOOL LOCKERS HB 122 CHILD CUSTODY PROCEDURES BUTROVICH ROOM 205 MAY 03 TUESDAY 4:00 PM ** NOTE TIME AND LOCATION CHANGES ** HB 403 AUTOMOTIVE LIABILITY INSURANCE COVERAGE HB 253 FISHERIES BUSINESS TAXES HB 472 REFERRALS INVOLVING DENTAL SERVICES HB 356 LIVING WILLS AND MEDICAL CARE ORDERS HB 439 UNIFORM FRAUDULENT TRANSFER ACT HB 417 POSSESSION OF FIREARMS IN SCHOOL LOCKERS HB 122 CHILD CUSTODY PROCEDURES ---------------------------------------- LABOR & COMMERCE FAHRENKAMP ROOM 203 MAY 03 TUESDAY 1:30 PM HB 301 BAN SALE OF SOME STUDDED TIRES AND STUDS ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAY 02 MONDAY 5:30 PM ** TO MEET FOLLOWING HESS COMMITTEE MEETING ** HB 398 LAND CONVEYED TO & FROM MUNICIPALITIES HB 218 REPEAL 58 FT. LIMIT FOR SEINE VESSELS HB 266 ELIGIBILITY FOR GUIDE-OUTFITTER LICENSE HB 448 WASTE & USE OF SALMON; HATCHERIES BILLS PREVIOUSLY SCHEDULED ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAY 02 MONDAY 5:15 PM ** TO MEET 15 MINUTES AFTER ADJOURNMENT ** HCR 32 JOINT TASK FORCE ON MILITARY BASES HJR 55 TONGASS NATIONAL FOREST TIMBER HARVESTS HJR 56 EXEMPT ALASKA FROM "PACFISH" REGS HJR 61 COMMUNITY DEVELOPMENT FISHING QUOTAS HB 222 USE OF RENTED PROPERTY/LAW VIOLATIONS HB 230 VESSEL FEES 1994-05-02 Senate Journal Page 4263 RULES CONTINUED FAHRENKAMP ROOM 203 MAY 02 MONDAY 5:15 PM ** TO MEET 15 MINUTES AFTER ADJOURNMENT ** HB 231 AGGRAVATING/MITIGATING FACTORS;SEX CRIMES HB 324 EXTEND BOARD OF DENTAL EXAMINERS HB 331 USE PFD'S TO RECOVER WELFARE OVERPAYMENTS HB 347 STATE LONG-TERM PLANNING HB 351 PERMIT TO CARRY CONCEALED WEAPONS HB 362 CHILD SUPPORT:CRIMINAL/CIVIL REMEDIES HB 367 PROHIBITED HIGHWAY ADVERTISING HB 420 LIMITED LIABILITY COMPANIES HB 462 MINING REQUIREMENTS:RECORDING/LABOR/SIZE HB 498 MINERAL EXPLORATION INCENTIVE CREDITS SUBSTANTIVE HEARING: HB 249 ELECTRICAL/MECHANICAL TRADESPERSONS HB 392 PERMANENT FUND DIVIDEND PROGRAM ---------------------------------------- STATE AFFAIRS BUTROVICH ROOM 205 MAY 02 MONDAY 9:00 AM HB 531 RELATING TO SOME STATE MULTIMEMBER BODIES HB 328 PAY MOTOR VEHICLE FEES BY CREDIT CARD SB 304 AHFC BONDS FOR UNIV. OF ALASKA USES OTHER COMMITTEES CONFERENCE COMMITTEES CAPITOL ROOM 17 MAY 02 MONDAY 8:00 AM HB 407 COMMEMORATIVE GOLD RUSH LICENSE PLATES CAPITOL ROOM 20 MAY 02 MONDAY 9:00 AM HB 254 OPEN MEETING ACT SENATE FINANCE ROOM 518 MAY 02 MONDAY 3:00 PM HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET MAY 03 TUESDAY 3:00 PM HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET MAY 04 WEDNESDAY 3:00 PM HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET MAY 05 THURSDAY 3:00 PM HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET