Legislature(1993 - 1994)
1994-05-04 Senate Journal
Full Journal pdf1994-05-04 Senate Journal Page 4309 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Wednesday May 4, 1994 One Hundred Fifteenth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:22 a.m. The roll showed sixteen members present. Senator Kelly was excused from a call of the Senate from 11:00 a.m. to 12:00 p.m. today. Senators Frank, Jacko, Leman 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, thank You for another beautiful day. Thank You for this wonderful land that we live in, and the freedoms we enjoy. As our minted coins declare: Liberty-In God We Trust; we know that our forefathers chose these power words knowing the tremendous cost and sacrifice that had been paid to secure our freedom. In gratitude they constantly acknowledged that You were the maker and preserver of our nation. This dependance also gave birth to strong confidence that Your blessing would rest upon their endeavors as they sought Your aid in all their dealings. Lord, help us to retrieve the trust and dependance upon You that causes us to be the greatest nation on the face of the earth. 4309 1994-05-04 Senate Journal Page 4310 I pray for all of the families of our lawmakers today; let Your blessing and provision rest upon them. We ask for wisdom and guidance for all decisions made today. In Jesus' name. Amen. Senator Phillips led the Senate in the pledge of allegiance. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundred fourteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE SB 248 Message of May 3 was read stating, the House has failed to recede from its amendment to CS FOR SENATE BILL NO. 248(RLS) am, namely: 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." The Speaker has appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the bills: Representative Martin, Chair Representative Brown Representative Parnell Senate members appointed 5/2/94: Senator Sharp, Chair Senator Kerttula Senator Leman 1994-05-04 Senate Journal Page 4311 SB 255 Message dated May 3 was read, stating the House has adopted the report of the Conference Committee considering CS FOR SENATE BILL NO. 255(STA) am H and CS FOR SENATE BILL NO. 255(STA), thus passing: CONFERENCE CS FOR SENATE BILL NO. 255 "An Act establishing a comprehensive policy relating to human resource development in the state." The Senate adopted the report May 2. CONFERENCE CS FOR SENATE BILL NO. 255 was referred to the Secretary for engrossment and enrollment. HB 3 Message of May 3 was read, stating the House concurred in the Senate amendment to HOUSE BILL NO. 3, thus passing: SENATE CS FOR HOUSE BILL NO. 3(JUD) "An Act relating to public home care providers; and providing for an effective date." HB 373 Message of May 3 was read, stating the House concurred in the Senate amendment to HOUSE BILL NO. 373, thus passing: 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." with a Legislative Letter of Intent. SB 368 Message of May 3 was read, stating the House passed and returned: SENATE BILL NO. 368 "An Act relating to the human services community matching grant program; and providing for an effective date." 1994-05-04 Senate Journal Page 4312 SB 368 SENATE BILL NO. 368 was referred to the Secretary for enrollment. SB 240 Message of May 3 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 240(RLS) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 240(CRA) "An Act relating to an optional municipal tax exemption for student housing for the University of Alaska." Senator Taylor moved that the Senate concur in the House amendment. The question being: "Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 240(RLS)?" The roll was taken with the following result: HCS CSSB 240(CRA) Shall the Senate concur in the House amendment to CSSB 240(RLS)? YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Excused: Kelly Absent: Jacko and so, the Senate concurred in the House amendment, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 240(CRA) "An Act relating to an optional municipal tax exemption for student housing for the University of Alaska." The Secretary was requested to notify the House. 1994-05-04 Senate Journal Page 4313 SB 240 HOUSE CS FOR CS FOR SENATE BILL NO. 240(CRA) was referred to the Secretary for enrollment Message of May 3 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 201 CS FOR HOUSE BILL NO. 201(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to the mental health land trust and the mental health land trust litigation, Weiss v. State, 4FA-82-2208 Civil, and amending and repealing other laws relating to mental health institutions, programs, and services that are affected by ch. 66, SLA 1991; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 371 CS FOR HOUSE BILL NO. 371(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act making appropriations to capitalize the mental health trust fund from the balance of the mental health trust income account on June 30, 1995, mental health trust income of the Department of Natural Resources in the general fund, and earnings reserve account; making an appropriation to the mental health trust income account from the net income earned by the mental health trust fund; and providing for an effective date." was read the first time and referred to the State Affairs, Resources, Judiciary and Finance Committees. 1994-05-04 Senate Journal Page 4314 COMMUNICATIONS The following reports were received and are on file in the Office of the Secretary of the Senate: Board of Forestry Annual Report from Tomas H. Boutin, Presiding Officer, Board of Forestry Division of Forestry, Department of Natural Resources in accordance with AS 41.17.047 Alaska Industrial Development and Export Authority Notification of Intent to Issue Bonds for the Alaska Intertie and the Four Dam Pool from William R. Snell, Executive Director in accordance with AS 44.83.910 STANDING COMMITTEE REPORTS SJR 52 The Finance Committee considered SENATE JOINT RESOLUTION NO. 52 Proposing amendments to the Constitution of the State of Alaska relating to the budget reserve fund, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 52(FIN) Signing do pass: Senators Frank, Pearce, Cochairs, Senators Rieger, Sharp. Signing do not pass: Senator Kerttula. Fiscal note for the resolution and committee substitute published today from Office of the Governor. SENATE JOINT RESOLUTION NO. 52 was referred to the Rules Committee. 1994-05-04 Senate Journal Page 4315 SB 301 The Finance Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 301 "An Act relating to the calculation of instructional units used in determining state aid for education and increasing elementary and secondary instructional units for certain school districts with 800 or fewer students in average daily membership; and providing for an effective date" and recommended it be replaced with CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 301(FIN) Signing do pass: Senator Frank, Cochair. Signing no recommendation: Senator Pearce, Cochair, Senators Kelly, Rieger, Kerttula, Sharp. Signing do pass on the Health, Education and Social Services Committee Report, page 4008: Senator Duncan. Previous fiscal note applies to the committee substitute. SPONSOR SUBSTITUTE FOR SENATE BILL NO. 301 was referred to the Rules Committee. SB 304 The State Affairs Committee considered SENATE BILL NO. 304 "An Act authorizing the issuance of bonds by the Alaska Housing Finance Corporation to pay for the costs of repair and rehabilitation of student housing facilities of the University of Alaska; authorizing the issuance of bonds by the University of Alaska to pay for the costs of repair and rehabilitation of facilities of the University of Alaska; amending powers of the Alaska Housing Finance Corporation; amending the definition of `public building'; relating to the Alaska debt retirement fund; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 304(STA), entitled: "An Act authorizing the issuance of bonds by the Alaska Housing Finance Corporation to pay for the costs of repair and rehabilitation of student housing facilities of the University of Alaska and for the construction of new student housing facilities at the University of 1994-05-04 Senate Journal Page 4316 SB 304 Alaska Anchorage and the University of Alaska Southeast; authorizing the issuance of bonds by the University of Alaska to pay for the costs of repair and rehabilitation of facilities of the University of Alaska; amending powers of the Alaska Housing Finance Corporation; amending the definition of `public building'; and relating to the Alaska debt retirement fund; and providing for an effective date." Signing no recommendation: Senator Leman, Chair, Senator Taylor. Signing do pass: Senators Duncan, Miller. Previous zero fiscal notes apply to the committee substitute. SENATE BILL NO. 304 was referred to the Finance Committee. SB 381 The Finance Committee considered SENATE BILL NO. 381 "An Act relating to the construction of the Alaska Orbital Launch Complex by the Alaska Aerospace Development Corporation." Signing do pass: Senator Pearce, Cochair, Senators Rieger, Jacko, Kelly. Signing no recommendation: Senator Sharp. Zero fiscal note published today from Department of Commerce and Economic Development. SENATE BILL NO. 381 was referred to the Rules Committee. HJR 43 The Judiciary Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to the rights of crime victims, and recommended it be replaced with SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(JUD) Proposing amendments to the Constitution of the State of Alaska relating to the rights of victims of crimes and to criminal admininstration. 1994-05-04 Senate Journal Page 4317 HJR 43 Signing do pass: Senator Taylor, Chair, Senators Donley, Halford, Signing no recommendation: Senator Jacko. Previous House fiscal note and House zero fiscal notes apply to the Senate Committee Substitute. CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) was referred to the Finance Committee. HB 328 Fiscal note for the Finance Senate Committee Substitute for CS FOR HOUSE BILL NO. 328(FIN) "An Act allowing motor vehicle registration and licensing fees to be paid by credit card" published today from Department of Public Safety. SPECIAL COMMITTEE REPORTS SB 248 May 4, 1994 Mr. President: Madam Speaker: The Conference Committee considering HOUSE CS FOR CS FOR SENATE BILL NO. 248(FIN) and CS FOR SENATE BILL NO. 248(RLS) am "An Act relating to services for and protection of vulnerable adults; and providing for an effective date" requests limited powers of free conference on the following specific point: (1) Page 12, line 3: after "only" insert "and the treatment is administered by an accredited practitioner of the church or religious denomination. Signing the report: Senator Sharp, Chair, Representative Martin, Chair. President Halford granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. 1994-05-04 Senate Journal Page 4318 CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 78 HOUSE BILL NO. 78 "An Act relating to the testimony of children in certain criminal proceedings; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 78 be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 78 was read the third time. The question being: "Shall HOUSE BILL NO. 78 "An Act relating to the testimony of children in certain criminal proceedings; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 78 Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Duncan, Ellis, Frank, Halford, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Absent: Donley, Jacko and so, HOUSE BILL NO. 78 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. Senators Kerttula, Little, Taylor moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Donley gave notice of reconsideration. 1994-05-04 Senate Journal Page 4319 HB 299 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" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 299(FIN) am be advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall the CS FOR HOUSE BILL NO. 299(FIN) am be advanced to third reading?" The roll was taken with the following result: CSHB 299(FIN) am Advance from Second to Third Reading? YEAS: 10 NAYS: 9 EXCUSED: 0 ABSENT: 1 Yeas: Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Absent: Jacko and so, the bill failed to advance to third reading. THIRD READING OF HOUSE BILLS HB 222 SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) am S was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) am S "An Act relating to landlords and tenants and to the applicability of the Uniform Residential Landlord and 1994-05-04 Senate Journal Page 4320 HB 222 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" pass the Senate?" The roll was taken with the following result: SCS CSHB 222(FIN) am S Third Reading - Final Passage Court Rule YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Frank, Halford, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Duncan, Ellis, Jacko, Little, Salo Duncan changed from "Yea" to "Nay". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) am S passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule changes. Without objection, it was so ordered. Senator Duncan gave notice of reconsideration. HB 351 SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) am S "An Act relating to permits for the carrying of a concealed handgun; providing for local option elections in municipalities and established villages to prohibit the possession of a concealed handgun under a permit; and relating to the possession of weapons; and providing for an effective date" was read the third time. Senator Duncan moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 6. Senator Taylor objected. 1994-05-04 Senate Journal Page 4321 HB 351 The question being: "Shall the bill be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: SCS CSHB 351(STA) am S Return to Second for Specific Amendment #6 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kelly, Lincoln, Little, Pearce, Phillips, Rieger, Salo, Zharoff Nays: Frank, Halford, Jacko, Kerttula, Leman, Miller, Sharp, Taylor and so, the bill was returned to second reading. Senator Duncan offered Amendment No. 6 : In Sec. 18.65.755(a), following paragraph (8): Insert new paragraphs to read: "(9) a residence where notice that carrying a concealed handgun is prohibited has been given by the posting of a conspicuous notice or by oral statement by the resident to the permittee; (10) a meeting of a business, charitable, or other organization or entity where notice that carrying a concealed handgun is prohibited has been given by the posting of conspicuous notice;" Renumber the following paragraphs accordingly. In Sec. 18.65.755, following subsection (a): Insert a new subsection to read: "(b) In (a) of this section, the posting of a conspicuous notice is satisfied if the notice (1) is printed in legible English; (2) is at least 144 square inches in size; (3) contains the name and address of the person under whose authority the notice is posted; and (4) is posted at each entrance to the residence or place where a meeting is being held." 1994-05-04 Senate Journal Page 4322 HB 351 Reletter the following subsection accordingly. Senator Duncan moved for the adoption of Amendment No. 6. Senator Taylor objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: SCS CSHB 351(STA) am S Second Reading Amendment No. 6 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kelly, Lincoln, Little, Pearce, Phillips, Rieger, Salo, Zharoff Nays: Frank, Halford, Jacko, Kerttula, Leman, Miller, Sharp, Taylor and so, Amendment No. 6 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) am S was automatically in third reading. Senator Duncan called the Senate. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) am S "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" pass the Senate?" The roll was taken with the following result: SCS CSHB 351(STA) am S Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams, Duncan, Ellis, Jacko 1994-05-04 Senate Journal Page 4323 HB 351 and so, SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) am S passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Duncan gave notice of reconsideration. 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 12:52 p.m. AFTER RECESS The Senate reconvened at 3:50 p.m. SENATE BILLS IN THIRD READING SB 56 CS FOR SENATE BILL NO. 56(FIN) which had been held on reconsideration (page 4256) was before the Senate. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 56(FIN) "An Act relating to repayment of money appropriated from the budget reserve fund" pass the Senate?" The roll was taken with the following result: CSSB 56(FIN) Third Reading - On Reconsideration YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff 1994-05-04 Senate Journal Page 4324 SB 56 and so, CS FOR SENATE BILL NO. 56(FIN) passed the Senate on reconsideration. CS FOR SENATE BILL NO. 56(FIN) was referred to the Secretary for engrossment. SB 313 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" which had been held on reconsideration (page 4301) was before the Senate. Senator Ellis moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 3. The question being: "Shall the bill be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: SB 313 am Return to Second for Specific Amendment #3 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Phillips, Salo, Taylor, Zharoff Nays: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp and so, the bill was returned to second reading. 1994-05-04 Senate Journal Page 4325 SB 313 Senator Ellis offered Amendment No. 3 : Page 1, sec.1, delete all material and insert: "* Section 1. AS21.51 is amended by adding a new section to read: Sec. 21.51.350. PREMIUM RATES AND RATING FACTORS. (a) A disability insurer (1) shall file with the director rates or rating factors for disability insurance at least 90 days before the intended effective date of the rate or rating factor; and (2) may not use a rate or rating factor that has not been filed with the director as required under this subsection. (b) A rate or rating factor not disapproved by the director before the intended effective date of the rate or rating factor is considered approved by the director." In bill sec.15, delete all material and insert: "* Sec. 15. AS21.86 is amended by adding a new section to read: Sec. 21.86.075. PREMIUM RATES AND CHARGES. (a) A health maintenance organization (1) shall file with the director rates, rating factors, premiums, fees for services, and enrollee fees, including a change to a rate, rating factor, premium, or fee, used in providing health care services to enrollees of the health maintenance organization; a filing required under this paragraph must be made at least 90 days before the intended effective date of the filing; and (2) may not use a rate, rating factor, premium, or fee that has not been filed with the director as required under this subsection. (b) A filing under this section not disapproved by the director before its intended effective date is considered approved by the director." In bill sec.17, delete all material and insert: "* Sec. 17. AS21.87.190 is repealed and reenacted to read: Sec. 21.87.190. RATES AND CHARGES. (a) A service corporation 1994-05-04 Senate Journal Page 4326 SB 313 (1) shall file with the director subscription rates, rating factors, fees, and payment charges, including a change to a rate, rating factor, fee, or payment charge, to be charged to or on account of the service corporation's subscribers; a filing required under this paragraph must be made at least 90 days before the intended effective date of the filing; and (2) may not use a rate, rating factor, fee, or payment charge that has not been filed with the director as required under this subsection. (b) A filing under this section not disapproved by the director before its intended effective date is considered approved by the director." Senator Ellis moved for the adoption of Amendment No. 3. Senator Kelly objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SB 313 am Second Reading Amendment No. 3 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Taylor, Zharoff Nays: Adams, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp and so, Amendment No. 3 failed. SENATE BILL NO. 313 am was automatically in third reading. The question to be reconsidered: "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, 1994-05-04 Senate Journal Page 4327 SB 313 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 - On Reconsideration Effective Date YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Taylor, Zharoff Kerttula changed from "Yea" to "Nay". and so, SENATE BILL NO. 313 am failed on reconsideration. SB 363 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" which had been held on reconsideration (page 4293) was before the Senate. Senator Pearce moved and asked unanimous consent that the bill be held on reconsideration to the May 5 calendar. Without objection, it was so ordered. 1994-05-04 Senate Journal Page 4328 HOUSE BILLS IN THIRD READING HB 442 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" which had been held on reconsideration (page 4300) was before the Senate. Senator Adams moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Senator Taylor objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. Senator Adams offered Amendment No. 1 : Page 7, lines 11-14: Delete all material. Renumber the following paragraphs accordingly. Senator Adams moved and asked unanimous consent for the adoption of Amendment No. 1. Senator Taylor objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 442(FIN) am S was automatically in third reading. Senator Adams moved and asked unanimous consent that the following Letter of Intent be adopted. Senator Pearce objected, then withdrew her objection. There being no further objections, the Senate Letter of Intent was adopted. Letter of Intent for SCS for CS for HB 442(FIN) am S It is the intent of the Legislature that regulations be adopted under the "Sealing of Criminal Justice Information" as described in Section 12.62.180 of this bill, that require sufficient oversight to avoid any individual or collective abuse of discretion by agency personnel in decisions related to the sealing of criminal records. 1994-05-04 Senate Journal Page 4329 HB 442 The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 442(FIN) am S "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: SCS CSHB 442(FIN) am S Third Reading - On Reconsideration Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Absent: Frank and so, SENATE CS FOR CS FOR HOUSE BILL NO. 442(FIN) am S passed the Senate on reconsideration 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 CS FOR HOUSE BILL NO. 442(FIN) am S was referred to the Secretary for engrossment. 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" which had been held on reconsideration (page 4293) was before the Senate. Senator Taylor moved and asked unanimous consent that the bill be held on reconsideration to the May 5 calendar. Without objection, it was so ordered. 1994-05-04 Senate Journal Page 4330 CITATIONS Honoring - House and Senate Sergeants-at-Arms, Assistant Sergeants- at-Arms, House and Senate Pages by Representative(s) Moses Senator(s) Halford, Phillips, Leman, Adams, Duncan, Zharoff, Pearce, Ellis, Rieger, Little, Lincoln, Salo, Kelly, Donley, Taylor, Miller, Jacko Honoring - Lisa Christenson, Alaska Army National Guard Adjutant General's Trophy Recipient by Representative(s) Willis, Carney, Kott Senator(s) Halford, Phillips, Leman, Duncan, Zharoff, Pearce, Little, Kelly, Donley, Taylor Honoring - Baker-Jennings Films by Senator(s) Ellis, Duncan, Zharoff, Pearce, Little, Salo, Rieger, Donley, Taylor, Lincoln Honoring - Clark Junior High's Falcon Flash, Most Outstanding Junior High Newspaper in America Award, 1994 by Representative(s) Mackie Senator(s) Halford, Phillips, Duncan, Zharoff, Pearce, Ellis, Leman, Salo, Rieger, Kelly, Donley, Taylor, Little Honoring - Wasilla High Vocational Industrial Clubs of America by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Duncan, Zharoff, Pearce, Little, Taylor, Leman Honoring - Jeremy "Jerry" Coonrad, Andrew "Ace" Cash, American High School Mathematics Awards, 1994 by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Duncan, Zharoff, Pearce, Donley, Taylor, Little, Leman Honoring - Palmer High School Vocational Industrial Clubs of America by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Duncan, Zharoff, Pearce, Little, Taylor, Leman 1994-05-04 Senate Journal Page 4331 Honoring - Colony High Vocational Industrial Clubs of America by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Duncan, Zharoff, Pearce, Little, Taylor, Leman Honoring - Don Schulz, 1994 National Big Brother of the Year by Representative(s) Hanley Senator(s) Rieger, Halford, Duncan, Zharoff, Pearce, Salo, Taylor, Donley, Leman In Memoriam - Ernest D. Blatchford by Representative(s) G. Davis, Phillips, Navarre Senator(s) Little, Salo, Phillips, Duncan, Zharoff, Pearce, Adams, Jacko, Lincoln, Sharp, Donley, Taylor, Halford, Leman In Memoriam - Jennie Tretikoff Sather by Representative(s) MacLean Senator(s) Adams, Duncan, Zharoff, Pearce, Little, Donley, Taylor, Lincoln, Leman Senator Taylor moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Senator Taylor moved and asked unanimous consent that the notice and publication requirements be waived and the following citation be made a special order of business. Without objection, it was so ordered. SPECIAL ORDER OF BUSINESS Honoring - His Excellency Dr. Subroto by Senator(s) Pearce, Salo, Halford Senator Taylor moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. 1994-05-04 Senate Journal Page 4332 UNFINISHED BUSINESS SB 301 Forthcoming Finance Committee Substitute (page 4315) for SPONSOR SUBSTITUTE FOR SENATE BILL NO. 301 was received: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 301(FIN), entitled: "An Act allowing a school district to offset a reduction of five percent or more in elementary and secondary school instructional units that the district is eligible to receive under the foundation formula; and providing for an effective date." HB 301 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 301(L&C) "An Act prohibiting the sale of certain studded tires or the sale of certain studs to be installed in tires; and providing for an effective date." Objections were heard. The question being: "Shall the Judiciary Committee referral be waived?" The roll was taken with the following result: HB 301 Waive from Judiciary Committee 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 motion passed. CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 301(L&C) was referred to the Labor and Commerce and Finance Committees. 1994-05-04 Senate Journal Page 4333 HJR 43 Senator Pearce, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to the rights of crime victims. Without objection, it was so ordered. CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) was referred to the Rules Committee. HB 510 Senator Rieger, Chair, moved and asked unanimous consent that the Health, Education and Social Services Committee referral be waived on HOUSE BILL NO. 510 "An Act making appropriations to satisfy the agreed-upon monetary terms of a collective bargaining agreement for certain employees of the University of Alaska; and providing for an effective date." Without objection, it was so ordered. HOUSE BILL NO. 510 was referred to the Finance Committee. HB 266 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on CS FOR HOUSE BILL NO. 266(L&C) "An Act relating to guide-outfitter and master guide-outfitter licenses; extending the termination date of the Big Game Commercial Services Board; and providing for an effective date." Without objection, it was so ordered. CS FOR HOUSE BILL NO. 266(L&C) was referred to the Rules Committee. SB 313 Senator Jacko moved that the Senate rescind its previous action in failing SENATE BILL NO. 313 am. The question being: "Shall the Senate rescind its previous action in failing SENATE BILL NO. 313 am?" The roll was taken with the following result: SB 313 am Rescind Previous Action 1994-05-04 Senate Journal Page 4334 SB 313 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the Senate rescinded its previous action. The question to be reconsidered: "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 - On Reconsideration YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, SENATE BILL NO. 313 am 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: 1994-05-04 Senate Journal Page 4335 SB 313 SB 313 am Effective Date Vote 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 effective date clause failed. SENATE BILL NO. 313 am(efd fld) was referred to the Secretary for engrossment. HCR 32 The reconsideration on HOUSE CONCURRENT RESOLUTION NO. 32 am S Establishing the Joint Task Force on Military Bases in Alaska, was not taken up this legislative day and the resolution was referred to the Secretary for engrossment. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 56 CS FOR SENATE BILL NO. 56(FIN) "An Act relating to repayment of money appropriated from the budget reserve fund" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1994-05-04 Senate Journal Page 4336 SB 313 SENATE BILL NO. 313 am(efd fld) "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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HCR 32 HOUSE CONCURRENT RESOLUTION NO. 32 am S Establishing the Joint Task Force on Military Bases in Alaska, was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 442 SENATE CS FOR CS FOR HOUSE BILL NO. 442(FIN) am S "An Act relating to criminal justice information; providing procedural requirements for obtaining certain criminal justice information; 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 5, 1994. Without objection, the Senate adjourned at 4:52 p.m. Nancy Quinto Secretary of the Senate May 1994 1994-05-04 Senate Journal Page 4337 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 05 THURSDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 518 MAY 04 WEDNESDAY 9:00 AM HB 231 AGGRAVATING/MITIGATING FACTORS;SEX CRIMES BILLS HELD OVER FROM 05/03/94: HB 409 AFDC DEMO PROJECT AND DECREASE HB 445 DWI LAWS HB 506 STUDENT LOAN PROGRAM SB 381 ALASKA ORBITAL LAUNCH COMPLEX NEW BILLS: HB 234 UNIVERSITY OF AK ENDOWMENT TRUST FUND HB 412 COMMUNITY CARE FACILITIES HB 507 LICENSING OF OPTOMETRISTS AND PHYSICIANS SB 301 REVISE FOUNDATION FORMULA, SMALL SCHOOLS BILLS PREVIOUSLY HEARD: HB 73 ANCSA STATE TAX EXEMPTIONS MAY 05 THURSDAY 9:00 AM BILLS PREVIOUSLY HEARD: SB 372 ALCOHOLIC BEVERAGES: LOCAL OPTION & MISC. HB 231 AGGRAVATING/MITIGATING FACTORS;SEX CRIMES HB 409 AFDC DEMO PROJECT AND DECREASE HB 445 DWI LAWS NEW BILLS: HB 201 MENTAL HEALTH TRUST AMENDMENTS HB 301 BAN SALE OF SOME STUDDED TIRES AND STUDS <PENDING REFERRAL> 1994-05-04 Senate Journal Page 4338 FINANCE CONTINUED THURSDAY HB 456 APPROP: COST OF CERTAIN LABOR AGREEMENTS HB 494 ALASKA PENSION INVESTMENT AUTHORITY HB 510 APPROP: U OF AK LABOR AGREEMENT SB 304 AHFC BONDS FOR UNIV. OF ALASKA USES ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAY 04 WEDNESDAY 4:55 PM ** TO MEET UPON ADJOURNMENT ** HB 538 UNIFORM HEALTH CARE CLAIMS PROCEDURES ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAY 04 WEDNESDAY 4:00 PM ****** CANCELLED ****** ** NOTE TIME CHANGE ** BILLS PREVIOUSLY HEARD HB 54 TELEPHONE CONSUMER PROTECTION HB 253 FISHERIES BUSINESS TAXES ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAY 04 WEDNESDAY 3:30 PM ***** CANCELLED - RESCHEDULED TO 05/05/94 ***** HB 218 REPEAL 58 FT. LIMIT FOR SEINE VESSELS MAY 05 THURSDAY 3:30 PM HB 218 REPEAL 58 FT. LIMIT FOR SEINE VESSELS ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAY 04 WEDNESDAY 5:30 PM RULES OTHER COMMITTEES MINORITY CAUCUS BELTZ ROOM 211 MAY 05 THURSDAY 9:00 AM JOINT WITH HOUSE ---------------------------------------- 1994-05-04 Senate Journal Page 4339 CONFERENCE COMMITTEE ON SB 248 SENATE FINANCE 518 MAY 04 WEDNESDAY 8:00 AM SB 248 ASSIST & PROTECT VULNERABLE ADULTS 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 MAY 06 FRIDAY 3:00 PM HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET MAY 07 SATURDAY 3:00 PM HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET