Legislature(1993 - 1994)
1994-05-05 Senate Journal
Full Journal pdf1994-05-05 Senate Journal Page 4341 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Thursday May 5, 1994 One Hundred Sixteenth Day Pursuant to adjournment the Senate was called to order by President Halford at 11:47 a.m. The roll showed fifteen members present. Senators Frank, Miller, Pearce, Rieger, Taylor were absent. The prayer was offered by the Chaplain, Pastor Mike Rose of the Bethel Assembly of God. Senator Kelly moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Heavenly Father, thank You for this day. Thank You for the privilege of living in this great country. On this National Day of Prayer, we pray for our country and the urgent needs before us. Your word tells us that righteousness exalts a nation, but sin is a reproach to any people. Our society's rejection of biblical principles and truth has placed our country in spiritual and moral jeopardy. Our need for revival and renewal is great, but you said in Your word, "If my people who are called by my name shall humble themselves and pray, and seek my face and turn from their wicked ways, then will I hear from heaven and will forgive their sins, and will heal their land." Lord, we call out to You today, asking You to heal our land; help us restore our trust, faith and confidence in You and Your power. Help us to be able to truly say once again "In God we Trust". 4341 1994-05-05 Senate Journal Page 4342 Senator Sharp led the Senate in the pledge of allegiance. Senator Kelly called the Senate, then lifted the call. The presence of Senators Frank, Miller, Pearce, Rieger, Taylor was noted. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundred fifteenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE SB 308 Message of May 4 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 308(FIN) am "An Act modifying administrative procedures and decisions by state agencies that relate to uses and dispositions of state land, property, and resources, and to the interests within them; and modifying administrative procedures and decisions by state agencies that relate to uses and activities involving land, property, and resources, and to the interests within them, that are subject to the coastal management program when the use or activity is to be authorized or developed in phases; and providing for an effective date." with the following: CS FOR SENATE BILL NO. 308(FIN) am(efd fld H) "An Act modifying administrative procedures and decisions by state agencies that relate to uses and dispositions of state land, property, and resources, and to the interests within them; and modifying administrative procedures and decisions by state agencies that relate to uses and activities involving land, property, and resources, and to the interests within them, that are subject to the coastal management program when the use or activity is to be authorized or developed in phases." with a House Judiciary Letter of Intent and a Senate Letter of Intent. 1994-05-05 Senate Journal Page 4343 SB 308 CS FOR SENATE BILL NO. 308(FIN) am(efd fld H) was referred to the Secretary for enrollment. SJR 39 Message of May 4 was read, stating the House passed and returned: SENATE JOINT RESOLUTION NO. 39 Proposing an amendment to the Constitution of the State of Alaska to guarantee, in addition to the right of the people to keep and bear arms as approved by the voters at the time of ratification of the state Constitution, that the individual right to keep and bear arms shall not be denied or infringed by the state or a political subdivision of the state. SENATE JOINT RESOLUTION NO. 39 was referred to the Secretary for enrollment. SB 275 Message of May 4 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 275(JUD) "An Act relating to the disposal of real property by the Department of Transportation and Public Facilities." CS FOR SENATE BILL NO. 275(JUD) was referred to the Secretary for enrollment. SB 250 Message of May 4 was read, stating the House failed to recede from its amendment to CS FOR SENATE BILL NO. 250(FIN) am, namely: 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." 1994-05-05 Senate Journal Page 4344 SB 250 The Speaker has appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the above bills: Representative Toohey, Chair Representative Kott Representative Willis The President appointed Senate members on May 2 (page 4209). SB 248 Message of May 4 was read, stating the Speaker has granted limited powers of free conference to the House conferees 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" 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" President Halford granted Senate members limited powers on May 4. SB 366 Message of May 4 was read, stating the House passed CS FOR SENATE BILL NO. 366(FIN) am(efd fld) with the following amendment: Page 10, line 31 through Page 11, line 2: Delete all material. Page 10, line 18, after "(b)": Insert "and (c)" Insert a new subsection to read: 1994-05-05 Senate Journal Page 4345 SB 366 "(c) If the department has clear and compelling reason to believe that application of the maximum allowable charges under (a) of this section to a specific service would not reduce state expenditures or would generate savings to the state that are insignificant in relation to the total cost containment possible, then the department may waive the charges otherwise required under (a) of this section as to that specific service." and so, CS FOR SENATE BILL NO. 366(FIN) am H "An Act relating to medical support and health insurance coverage for children; allowing a member of the teachers' retirement system or the public employees' retirement system to assign to a Medicaid-qualifying trust the member's right to receive a monetary benefit from the system; relating to the effect of a Medicaid-qualifying trust on the eligibility of a person for Medicaid; relating to the recovery of certain Medicaid payments from estates and trusts; requiring persons who receive Medicaid services to be liable for sharing in the cost of those services to the extent allowed under federal law and regulations" is returned for consideration. 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. 366(FIN)(efd fld)?" The roll was taken with the following result: CSSB 366(FIN) am H Shall the Senate concur in the House amendment to CSSB 366(FIN) am(efd fld)? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff 1994-05-05 Senate Journal Page 4346 SB 366 and so, the Senate concurred in the House amendment, thus passing CS FOR SENATE BILL NO. 366(FIN) am H "An Act relating to medical support and health insurance coverage for children; allowing a member of the teachers' retirement system or the public employees' retirement system to assign to a Medicaid-qualifying trust the member's right to receive a monetary benefit from the system; relating to the effect of a Medicaid-qualifying trust on the eligibility of a person for Medicaid; relating to the recovery of certain Medicaid payments from estates and trusts; requiring persons who receive Medicaid services to be liable for sharing in the cost of those services to the extent allowed under federal law and regulations." The Secretary was requested to notify the House. CS FOR SENATE BILL NO. 366(FIN) am H was referred to the Secretary for enrollment. Message of May 4 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 548 HOUSE BILL NO. 548 BY THE HOUSE LABOR AND COMMERCE 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. STANDING COMMITTEE REPORTS SB 372 The Finance Committee considered SENATE BILL NO. 372 "An Act relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; relating to the definition of `alcoholic beverage'; and providing for an effective date" and recommended it be replaced with 1994-05-05 Senate Journal Page 4347 SB 372 CS FOR SENATE BILL NO. 372(FIN), entitled: "An Act relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; relating to the definition of `alcoholic beverage'; relating to purchase and sale of alcoholic beverages; relating to alcohol server education courses; and providing for an effective date." Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly, Rieger. Signing do pass if amend: Senator Sharp. Signing do not pass: Senator Kerttula. Zero fiscal note for the Committee Substitute published today from Department of Public Safety. Previous fiscal note and zero fiscal note apply to the Committee Substitute. Previous fiscal note from Office of the Governor applies to Judiciary Committee Substitute (page 3968). SENATE BILL NO. 372 was referred to the Rules Committee. HB 73 The Finance Committee considered HOUSE BILL NO. 73 "An Act relating to state and local taxation and other state regulation as affected by the Alaska Native Claims Settlement Act, as amended, and related federal statutes; and providing for an effective date." Signing do pass: Senators Frank, Pearce, Cochairs, Senator Jacko. Signing no recommendation: Senators Rieger, Sharp. Previous House zero fiscal note. HOUSE BILL NO. 73 was referred to the Rules Committee. HB 122 The Judiciary Committee considered HOUSE BILL NO. 122 "An Act eliminating a requirement that a court consider the findings and recommendations of a neutral mediator when awarding shared child custody." Signing do pass: Senator Taylor, Chair, Senator Halford. Signing no recommendation: Senators Donley, Jacko. Previous zero fiscal note. HOUSE BILL NO. 122 was referred to the Rules Committee. 1994-05-05 Senate Journal Page 4348 HB 195 The Judiciary Committee considered CS FOR HOUSE BILL NO. 195(FIN) "An Act authorizing youth courts to provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, and renaming the community legal assistance grant fund and amending the purposes for which grants may be made from that fund in order to provide financial assistance for organization and initial operation of youth courts" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 195(JUD), entitled: "An Act authorizing youth courts to provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, and renaming the community legal assistance grant fund and amending the purposes for which grants may be made from that fund in order to provide financial assistance for organization and initial operation of youth courts; and providing for an effective date." (technical title change) Signing do pass: Senator Taylor, Chair, Senators Donley, Jacko. Signing no recommendation: Senator Halford. Previous House zero fiscal notes apply to the Senate Committee Substitute. CS FOR HOUSE BILL NO. 195(FIN) was referred to the Finance 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 Sharp, Kelly. Signing no recommendation: Senators Rieger, Jacko. Fiscal note published today from Department of Corrections. Previous House zero fiscal notes. 1994-05-05 Senate Journal Page 4349 HB 231 CS FOR HOUSE BILL NO. 231(FIN) was referred to the Rules Committee. HB 234 The Finance Committee considered HOUSE BILL NO. 234 "An Act relating to endowments and donations of the University of Alaska and the University of Alaska endowment trust fund; and providing for an effective date." Signing do pass: Senators Frank, Pearce, Cochairs, Senators Rieger, Sharp. Signing no recommendation: Senators Jacko, Kelly. Previous House fiscal note and House zero fiscal note. HOUSE BILL NO. 234 was referred to the Rules Committee. HB 277 The Judiciary Committee considered CS FOR HOUSE BILL NO. 277(JUD) "An Act relating to public employers defending and indemnifying public employees and former public employees with respect to claims arising out of conduct that is within the scope of employment" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 277(JUD) Signing no recommendation: Senator Taylor, Chair, Senators Donley, Halford. Signing do pass: Senator Jacko. Previous House zero fiscal notes apply to the Senate Committee Substitute. CS FOR HOUSE BILL NO. 277(JUD) was referred to the Rules Committee. HB 301 The Labor and Commerce Committee considered 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." Signing no recommendation: Senator Kelly, Chair, Senators Sharp, Salo, Lincoln. Signing do pass: Senator Rieger. 1994-05-05 Senate Journal Page 4350 HB 301 Previous House fiscal note. CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 301(L&C) was referred to the Finance Committee. HB 356 The Judiciary Committee considered HOUSE BILL NO. 356 "An Act relating to living wills and do not resuscitate orders; and providing for an effective date." Signing do pass: Senator Taylor, Chair, Senators Donley, Jacko, Halford. Previous House fiscal note and House zero fiscal note. HOUSE BILL NO. 356 was referred to the Finance Committee. HB 403 The Judiciary considered HOUSE BILL NO. 403 "An Act requiring that automobile liability insurance include coverage for uninsured or underinsured motor vehicles and an offer of policy limits for that coverage equal to coverage voluntarily purchased for bodily injury or death; and providing for an effective date." Signing do pass: Senator Taylor, Chair, Senators Jacko, Halford. Signing do not pass, unfair to good drivers: Senator Donley. Previous House zero fiscal note. HOUSE BILL NO. 403 was referred to the Rules Committee. HB 409 The Finance 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 1994-05-05 Senate Journal Page 4351 HB 409 SENATE CS FOR CS FOR HOUSE BILL NO. 409(FIN) (SCS Forthcoming) Signing do pass: Senator Frank, Cochair, Senators Sharp, Jacko. Signing no recommendation: Senator Pearce, Cochair, Senators Rieger, Kelly. Signing do not pass: Senator Kerttula. Fiscal note information forthcoming. CS FOR HOUSE BILL NO. 409(FIN) am(efd fld) was referred to the Rules Committee. HB 412 The Finance Committee considered CS FOR HOUSE BILL NO. 412(HES) am "An Act relating to facilities for the care of children; to child placement agencies; to maternity homes; to certain residential facilities for adults; and to foster homes for adults; and providing for an effective date." Signing do pass: Senator Pearce, Cochair, Senator Jacko. Signing no recommendation: Senator Frank, Cochair, Senators Rieger, Sharp. Previous House fiscal note. CS FOR HOUSE BILL NO. 412(HES) am was referred to the Rules Committee. HB 417 The Judiciary Committee considered CS FOR HOUSE BILL NO. 417(JUD) am "An Act relating to the possession of weapons within the grounds of or on the parking lot of preschools, elementary, junior high, and secondary schools or while participating in a school-sponsored event; and relating to school lockers and other containers provided in a public or private school by the school or the school district" and recommended the State Affairs Senate Committee Substitute offered on page 4017 be adopted. Signing do pass: Senator Taylor, Chair, Senator Jacko. Signing no recommendation: Senators Halford, Donley. 1994-05-05 Senate Journal Page 4352 HB 417 Previous House zero fiscal notes. CS FOR HOUSE BILL NO. 417(JUD) am was referred to the Rules Committee. HB 439 The Judiciary Committee considered HOUSE BILL NO. 439 "An Act enacting the Uniform Fraudulent Transfer Act." Signing do pass: Senator Taylor, Chair. Signing no recommendation: Senators Donley, Halford, Jacko. Previous House zero fiscal note. HOUSE BILL NO. 439 was referred to the Rules Committee. HB 498 Forthcoming fiscal note (page 4225) for the Finance Senate Committee Substitute for 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" published today from Department of Revenue. HB 506 The Finance 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 pass: Senators Frank, Pearce, Cochairs, Senators Kelly, Sharp. Signing do not pass: Senator Rieger. Fiscal note published today from Department of Education. Previous zero fiscal note. CS FOR HOUSE BILL NO. 506(FIN) am was referred to the Rules Committee. 1994-05-05 Senate Journal Page 4353 HB 507 The Finance 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 the Health, Education and Social Services Senate Committee Substitute offered on page 4226 be adopted. Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly, Rieger, Kerttula, Sharp. Previous House fiscal note. CS FOR HOUSE BILL NO. 507(FIN) was referred to the Rules Committee. HB 538 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 538(L&C) "An Act relating to uniform claims forms, uniform standards, and uniform procedures for processing data relating to billing and payment of health care services; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 538(HES), entitled: "An Act relating to uniform claims forms, uniform standards, and uniform procedures for processing data relating to billing and payment of health care services; 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." Signing do pass: Senator Rieger, Chair, Senators Sharp, Salo. Signing no recommendation: Senators Miller, Leman. Previous House zero fiscal note applies to the Senate Committee Substitute. CS FOR HOUSE BILL NO. 538(L&C) was referred to the Labor and Commerce Committee. 1994-05-05 Senate Journal Page 4354 SR 2 The Rules Committee on May 5, 1993 considered SENATE RESOLUTION NO. 2 Urging the Environmental Protection Agency to suspend the oxygenated fuels program in Anchorage, Alaska. Signing to calendar: Senator Jacko, Chair, Senators Rieger, Halford. Signing no recommendation: Senator Little. Zero fiscal note for the bill and Committee Substitute published today from Department of Environmental Conservation. SENATE RESOLUTION NO. 2 is on today's calendar. SCR 19 The Rules Committee considered SENATE CONCURRENT RESOLUTION NO. 19 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Joint Resolution No. 43, relating to a constitutional amendment concerning victims of crime. Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff, Jacko. Signing no recommendation: Senator Little. SENATE CONCURRENT RESOLUTION NO. 19 is on today's calendar. SJR 52 The Rules 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(RLS) Signing to calendar: Senator Halford, Chair, Senator Jacko. Signing to calendar and do pass: Senator Rieger. Signing no recommendation: Senators Little, Zharoff. Previous fiscal note applies to the Rules Committee Substitute. SENATE JOINT RESOLUTION NO. 52 is on today's calendar. 1994-05-05 Senate Journal Page 4355 SB 301 The Rules 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." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senator Little. Signing no single duel site solution: Senator Zharoff. SPONSOR SUBSTITUTE FOR SENATE BILL NO. 301 is on today's calendar. SB 362 The Rules 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." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senators Little, Zharoff. SENATE BILL NO. 362 is on today's calendar. SB 378 The Rules 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." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senator Zharoff. SENATE BILL NO. 378 is on today's calendar. 1994-05-05 Senate Journal Page 4356 HJR 43 The Rules 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. Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senators Little, Zharoff. CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) is on today's calendar. HB 47 The Rules Committee considered CS FOR HOUSE BILL NO. 47(FIN) "An Act relating to primary elections and to the delivery of the primary ballots to persons making application for them when, by operation of political party rule, two or more primary ballots must be provided to the public; preventing a voter from changing the voter's party affiliation within 30 days of a primary election when two or more primary ballots must be provided to the public; and annulling a related regulation; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senators Little, Zharoff. CS FOR HOUSE BILL NO. 47(FIN) is on today's calendar. HB 119 The Rules Committee considered CS FOR HOUSE BILL NO. 119(JUD) am "An Act authorizing a sentencing court to impose a sentence of a day fine instead of a sentence of imprisonment on a defendant convicted of a misdemeanor; directing the Alaska Supreme Court to develop and implement a day fine plan; requiring the Alaska Court System to report to the legislature on the use of day fines; amending Alaska Rule of Criminal Procedure 32; 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. 119(JUD) am is on today's calendar. 1994-05-05 Senate Journal Page 4357 HB 153 The Rules Committee considered CS FOR HOUSE BILL NO. 153(JUD) am "An Act related to the awarding of special good time deductions for prisoners participating in the Point MacKenzie Rehabilitation Project; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senators Little, Zharoff. CS FOR HOUSE BILL NO. 153(JUD) am is on today's calendar. HB 180 The Rules Committee considered HOUSE BILL NO. 180 am "An Act relating to the residential housing inspection requirements of the Alaska Housing Finance Corporation" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 180(RLS) Signing no recommendation: Senator Halford, Chair, Senator Zharoff. Signing to calendar and do pass: Senator Little. Signing to calendar: Senator Rieger. Previous zero fiscal note applies to the Rules Senate Committee Substitute. HOUSE BILL NO. 180 am is on today's calendar. HB 183 The Rules Committee considered CS FOR HOUSE BILL NO. 183(FIN) am "An Act directing the identification and delineation of a transportation and utility corridor between Fairbanks and the Seward Peninsula; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senator Rieger. Signing no recommendation: Senator Zharoff. Signing do not pass existing roads need our attention!: Senator Little. CS FOR HOUSE BILL NO. 183(FIN) am is on today's calendar. HB 214 The Rules 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." 1994-05-05 Senate Journal Page 4358 HB 214 Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. CS FOR HOUSE BILL NO. 214(JUD) is on today's calendar. HB 230 The Rules Committee considered CS FOR HOUSE BILL NO. 230(FIN) "An Act relating to fees for a commercial fishing vessel license." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Signing no recommendation: Senator Zharoff. CS FOR HOUSE BILL NO. 230(FIN) is on today's calendar. HB 323 The Rules Committee considered 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" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS) Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. Previous House zero fiscal notes apply to the Rules Senate Committee Substitute. SENATE CS FOR CS FOR HOUSE BILL NO. 323(STA) is on today's calendar. HB 367 The Rules 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 to calendar: Senator Halford, Chair, Senators Rieger, Jacko, Zharoff. CS FOR HOUSE BILL NO. 367(JUD) am is on today's calendar. 1994-05-05 Senate Journal Page 4359 UNFINISHED BUSINESS HB 351 Senator Leman requested that the reconsideration on 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" be taken up at this time. HOUSE BILLS IN THIRD READING HB 351 SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) am S was before the Senate in third reading on reconsideration. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 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 - On Reconsideration Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams, Duncan, Ellis and so, SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. 1994-05-05 Senate Journal Page 4360 HB 351 SENATE CS FOR CS FOR HOUSE BILL NO. 351(STA) am S was referred to the Secretary for engrossment. SPECIAL COMMITTEE REPORTS SB 250 Date: May 5, 1994 Mr. President: Madam Speaker: The Conference Committee considering CS FOR SENATE BILL NO. 250(FIN) am and 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" requests limited powers of free conference to resolve their differences by adding the following specific language to HOUSE CS FOR CS FOR SENATE BILL NO. 250(FIN): 1. Page 3, line 5 delete Section 6 and insert new section 6: Sec. 6. AS 44.21.210(b) is amended to read: (b) The members of the commission listed in AS 44.21.200(a)(2) and (3) [AS 44.21.200(a)(1) - (4)] may not vote on matters before the commission. A majority of the members of the commission listed in AS 44.21.200(a)(1), (4), and (5) [AS 44.21.200(a)(5)] constitutes a quorum for conducting business and exercising the powers of the commission. Signing the report: Senator Sharp, Chair, Representative Toohey, Chair. President Halford granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. 1994-05-05 Senate Journal Page 4361 SB 248 The following report was received and distributed at 1: 35 p.m., May 4, 1994. May 4, 1994 Mr. President: Madam Speaker: The CONFERENCE COMMITTEE, with limited powers of free conference, considered CS FOR SENATE BILL NO. 248(RLS) am and 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" and recommends CONFERENCE CS FOR SENATE BILL NO. 248, entitled: "An Act relating to services for and protection of vulnerable adults; and providing for an effective date." be adopted. Signing the report: Senator Sharp, Chair, Senators Leman, Kerttula, Representative Martin, Chair, Representatives Brown, Parnell. Previous fiscal notes and zero fiscal notes apply to the Conference Committee Substitute. Senator Taylor moved that the Senate adopt CONFERENCE CS FOR SENATE BILL NO. 248. Senator Duncan called the Senate. The call was satisfied. The question being: "Shall CONFERENCE CS FOR SENATE BILL NO. 248 pass the Senate?" The roll was taken with the following result: CCS SB 248 Adopt Conference Committee Report? 1994-05-05 Senate Journal Page 4362 SB 248 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Kelly, Kerttula, Leman, Little, Miller, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Jacko, Lincoln, Pearce, Salo, Zharoff and so, CONFERENCE CS FOR SENATE BILL NO. 248 "An Act relating to services for and protection of vulnerable adults; and providing for an effective date" 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: CCS SB 248 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. The Secretary was requested to notify the House. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SR 6 SENATE RESOLUTION NO. 6 BY THE SENATE RULES COMMITTEE, Relating to the monetary terms of the Public Safety Unit arbitration. 1994-05-05 Senate Journal Page 4363 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 12:56 p.m. AFTER RECESS The Senate reconvened at 2:12 p.m. SR 6 Senator Kelly moved for the adoption of SENATE RESOLUTION NO. 6 Relating to the monetary terms of the Public Safety Unit arbitration. Senator Kelly called the Senate. President Halford stated the call was satisfied. SECOND READING OF SENATE RESOLUTIONS SR 6 SENATE RESOLUTION NO. 6 was read the second time. SENATE RESOLUTION NO. 6 was before the Senate on final passage. The question being: "Shall SENATE RESOLUTION NO. 6 Relating to the monetary terms of the Public Safety Unit arbitration, pass the Senate?" The roll was taken with the following result: SR 6 Second 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 RESOLUTION NO. 6 passed the Senate. Senator Duncan gave notice of reconsideration. 1994-05-05 Senate Journal Page 4364 CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 301 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" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 4315. Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 301(FIN) "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" was adopted. CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 301(FIN) was read the second time. Senator Zharoff offered Amendment No. 1 : Page 1, line 3, after "formula;": Insert "increasing the elementary and secondary instructional units received in a district that consists of a single funding community with an average daily membership of 800 or fewer students;" Page 3, after line 17: Insert a new bill section to read: "* Sec. 3. AS14.17.041 is amended by adding a new subsection to read: 1994-05-05 Senate Journal Page 4365 SB 301 (e) In a district that consists of a single funding community with an average daily membership of 800 or fewer students, the elementary and secondary instructional units received under (a) or (b) of this section shall be multiplied by the factor determined under the following table: ADM Factor 1 - 250 1.12 251 - 525 1.08 526 - 800 1.06." Renumber the following bill section accordingly. Senator Zharoff moved for the adoption of Amendment No. 1. Senator Taylor objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CS SSSB 301(FIN) Second Reading Amendment No. 1 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Salo, Taylor, Zharoff Nays: Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp and so, Amendment No. 1 was adopted. Senator Phillips offered Amendment No. 2 : Page 1, lines 1 - 3: Delete all material. Insert "An Act relating to the public school foundation program; and providing for an effective date." 1994-05-05 Senate Journal Page 4366 SB 301 Page 1, after line 4: Insert new bill sections to read: "* Section 1. AS14.17.021(b) is amended to read: (b) The basic need of a school district is determined by multiplying the school price index for [AREA COST DIFFERENTIAL OF] the district under AS14.17.049 [AS14.17.051] by the number of instructional units in the district under AS14.17.031 and then multiplying that product by the instructional unit value in AS14.17.056. * Sec. 2. AS14.17.024(a) is amended to read: (a) Money for the instructional services provided in a fiscal year by the state boarding school established under AS14.16.010 includes an allocation from the public school foundation account in an amount calculated by (1) multiplying the instructional unit value in AS14.17.056 by the total number of instructional units under AS14.17.031 for that fiscal year, as determined by treating the school as if it were a school district consisting of a single funding community; (2) multiplying the product determined under (1) of this subsection by the school price index [AREA COST DIFFERENTIAL] that is applicable to calculation of the entitlement for the adjacent school district under AS14.17.049 [AS14.17.051]; and (3) adding 10 percent of the eligible federal impact aid received for that fiscal year on behalf of the school plus any federal impact aid received on behalf of the school which the state, under P.L. 81-874 (20 U.S.C. 236 - 244), as amended, and regulations adopted under it, could not consider as local resources if the school were considered a school district. * Sec. 3. AS14.17.025(a) is amended to read: (a) Local contributions to a city or borough school district shall include at least the lesser of (1) the equivalent of a four mill tax levy on the full and true value of the taxable real and personal property in the district as of January1 of the second preceding fiscal year, as determined by the Department of Community and Regional Affairs under AS14.17.140 and AS29.45.110; or 1994-05-05 Senate Journal Page 4367 SB 301 (2) 50 [35] percent of the district's basic need for the preceding fiscal year, as determined under AS14.17.021(b). * Sec. 4. AS14.17.031(a) is amended to read: (a) The department shall adopt regulations defining funding communities within each district that reflect geographic and attendance area factors, and that include at least 25 students in average daily membership. For the purpose of determining instructional units, students are counted in the district and the funding community from which they receive educational services. The total number of instructional units in a school district is the sum of the following units for each funding community within the district, as determined by the department: (1) the number of units for elementary and secondary students determined under AS14.17.041(a) or (b); (2) the number of units for vocational education determined under AS14.17.043; (3) the number of units for special education determined under AS14.17.045; and (4) the number of units for bilingual education determined under AS14.17.047." Page 1, line 5: Delete "* Section 1." Insert "* Sec. 5." Renumber the following bill sections accordingly. Page 3, line 18: Delete all material. Insert new bill sections to read: "* Sec. 7. AS14.17.041(b) is amended to read: (b) For funding communities that are not included under (a) of this section, 1994-05-05 Senate Journal Page 4368 SB 301 (1) instructional units for elementary students are determined by the formula: units = 15 + ((ADM-200)/16) [15 + ((ADM-200)/17)], where ADM is the number of students in average daily membership in grades kindergarten through 6; (2) instructional units for secondary students are determined by the formula: units = 18 + ((ADM-200)/13), where ADM is the number of students in average daily membership in grades 7 through 12. * Sec. 8. AS14.17.041 is amended by adding a new subsection to read: (e) A district with an ADM of 900 or less that consists of one funding community shall increase the elementary and secondary instructional units received under (a) or (b) of this section by multiplying the instructional units by a percentage determined under the following table: District ADMPercentage 1 - 250 1.12 251 - 525 1.08 526 - 900 1.06. * Sec. 9. AS14.17 is amended by adding a new section to read: Sec. 14.17.049. SCHOOL PRICE INDEX. (a) The department shall determine the school price index for a district based on an average of costs for educational goods and services utilized by the school districts receiving aid under this chapter. The department, by regulation, shall assign weights for the following categories of costs: (1) salaries and benefits of certificated employees; (2) salaries and benefits of noncertificated employees; (3) other expenses for nonpersonnel educational goods and services; (4) other factors intended to take into account the extent to which an educational program reflects the additional cost of providing free public education in particular types of school districts, including a district that is geographically isolated or to a particular type of student, including a student with a disability. 1994-05-05 Senate Journal Page 4369 SB 301 (b) The department shall adjust the school price index for a district or districts in fiscal year 1999 and every third fiscal year thereafter, based on a national elementary and secondary school price index as designated in regulations adopted by the department. The department shall notify school districts annually of the school price index for each district. (c) The department may require school districts to submit uniform cost reports as designated in regulations adopted by the department. (d) The department shall assign a school price index to a new district based on the school price index for districts that the department determines have similar characteristics, including remoteness, population density, and geographic location. * Sec. 10. AS14.17.080 is amended to read: Sec. 14.17.080. STUDENT COUNT ESTIMATES. Each district shall prepare and submit to the department, by November20 [OCTOBER15] of each fiscal year, in the manner and on forms prescribed by the department, an estimate of its average daily membership and other student count data for the succeeding fiscal year, upon which computations can be made of the amount of estimated state foundation aid for which the district will be eligible under AS14.17.021 in that fiscal year. In making this estimate for the succeeding fiscal year, the district shall consider its average daily membership in the current fiscal year, other student count data, the pattern of growth or decline in preceding years, and other pertinent information available to the district. The preliminary reports required by this section are the basis for estimating the need for state foundation aid for the next fiscal year. * Sec. 11. AS14.17.160(b) is amended to read: (b) Upon written request and for good cause shown, the commissioner may permit a district to use a 20-school-day counting period from the same school year other than the periods set out in (a) of this section. However, the counting period must be 20 consecutive school days. 1994-05-05 Senate Journal Page 4370 SB 301 * Sec. 12. AS14.17.160 is amended by adding new subsections to read: (c) Upon written request, and for good cause shown, the commissioner may permit a district to use, for purposes of reporting its average daily membership, the October or February counting period report described in (a) of this section, or the report for another period authorized under (b) of this section, from the immediately preceding school year. The report must accompany a request under this subsection, and is in addition to the October report for the current school year required by (a) of this section. (d) For purposes of this section, "good cause" includes reduction in student enrollment. * Sec. 13. AS14.17.051 is repealed. * Sec. 14. TRANSITION: REGULATIONS. The Department of Education may immediately proceed to adopt regulations necessary to implement this Act. The regulations take effect under the Administrative Procedure Act, but not before July1, 1994. * Sec. 15. Sections 1, 2, and 13 of this Act take effect July1, 1995. * Sec. 16. Section 14 of this Act takes effect immediately under AS01.10.070(c). * Sec. 17. Sections 3 - 12 of this Act take effect July1, 1994." Senator Phillips moved for the adoption of Amendment No. 2. Objections were heard. Senator Rieger called the Senate. The President stated the call was satisfied. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CS SSSB 301(FIN) am Second Reading Amendment No. 2 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 1994-05-05 Senate Journal Page 4371 SB 301 Yeas: Donley, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp Nays: Adams, Duncan, Ellis, Frank, Jacko, Kerttula, Lincoln, Little, Salo, Taylor, Zharoff and so, Amendment No. 2 failed. Senator Sharp offered Amendment No. 3 : Page 1, line 1: Delete "five" Insert "10" Page 1, line 7: Delete "five" Insert "10" Senator Sharp moved for the adoption of Amendment No. 3. Senator Taylor objected. Senator Kelly lifted his call. RECESS Senator Pearce moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 3:29 p.m. AFTER RECESS The Senate reconvened at 6:56 p.m. 1994-05-05 Senate Journal Page 4372 CONSIDERATION OF THE CALENDAR CONTINUED SB 301 President Halford stated CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 301(FIN) am "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; increasing the elementary and secondary instructional units received in a district that consists of a single funding community with an average daily membership of 800 or fewer students; and providing for an effective date" would be returned to the Finance Committee. Without objection, the bill was returned to the Finance Committee. SB 362 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" was read the second time. Senator Kelly moved and asked unanimous consent for the adoption of the Labor and Commerce Committee Substitute offered on page 3447. Without objection, CS FOR SENATE BILL NO. 362(L&C) was adopted. CS FOR SENATE BILL NO. 362(L&C) was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 362(L&C) be considered engrossed, advanced to third reading and placed on final passage. Senator Little objected. Senator Taylor moved and asked unanimous consent that his motion to advance the bill be withdrawn. Without objection, it was so ordered. 1994-05-05 Senate Journal Page 4373 SB 378 Senator Taylor moved and asked unanimous consent that 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" be placed at the bottom of today's calendar. Without objection, it was so ordered. SECOND READING OF HOUSE BILLS HB 47 CS FOR HOUSE BILL NO. 47(FIN) "An Act relating to primary elections and to the delivery of the primary ballots to persons making application for them when, by operation of political party rule, two or more primary ballots must be provided to the public; preventing a voter from changing the voter's party affiliation within 30 days of a primary election when two or more primary ballots must be provided to the public; and annulling a related regulation; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 47(FIN) be advanced to third reading and placed on final passage. Objections were heard. Senator Taylor moved and asked unanimous consent that his motion to advance the bill be withdrawn. Without objection, it was so ordered. HB 119 CS FOR HOUSE BILL NO. 119(JUD) am "An Act authorizing a sentencing court to impose a sentence of a day fine instead of a sentence of imprisonment on a defendant convicted of a misdemeanor; directing the Alaska Supreme Court to develop and implement a day fine plan; requiring the Alaska Court System to report to the legislature on the use of day fines; amending Alaska Rule of Criminal Procedure 32; and providing for an effective date" was read the second time. 1994-05-05 Senate Journal Page 4374 HB 119 Senator Pearce moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3780. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN) was read the second time. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 119(FIN) be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. Senator Taylor moved and asked unanimous consent that his motion to advance the bill be withdrawn. Without objection, it was so ordered. HB 153 CS FOR HOUSE BILL NO. 153(JUD) am "An Act related to the awarding of special good time deductions for prisoners participating in the Point MacKenzie Rehabilitation Project; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 153(JUD) am be advanced to third reading and placed on final passage. Senator Ellis objected. Senator Taylor moved and asked unanimous consent that his motion to advance the bill be withdrawn. Without objection, it was so ordered. HB 180 HOUSE BILL NO. 180 am "An Act relating to the residential housing inspection requirements of the Alaska Housing Finance Corporation" was read the second time. 1994-05-05 Senate Journal Page 4375 HB 180 Senator Rieger moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 4357. Without objection, SENATE CS FOR HOUSE BILL NO. 180(RLS) was adopted. SENATE CS FOR HOUSE BILL NO. 180(RLS) was read the second time. Senator Taylor moved and asked unanimous consent that SENATE CS FOR HOUSE BILL NO. 180(RLS) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR HOUSE BILL NO. 180(RLS) was read the third time. The question being: "Shall SENATE CS FOR HOUSE BILL NO. 180(RLS) "An Act relating to the residential housing inspection requirements of the Alaska Housing Finance Corporation" pass the Senate?" The roll was taken with the following result: SCS HB 180(Rules) Third Reading - Final Passage YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Little and so, SENATE CS FOR HOUSE BILL NO. 180(RLS) passed the Senate. Senator Little gave notice of reconsideration. 1994-05-05 Senate Journal Page 4376 HB 183 CS FOR HOUSE BILL NO. 183(FIN) am "An Act directing the identification and delineation of a transportation and utility corridor between Fairbanks and the Seward Peninsula; and providing for an effective date" was read the second time. Senator Sharp moved and asked unanimous consent for the adoption of the Transportation Senate Committee Substitute offered on page 3626. Senator Duncan objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 183(TRA) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 183(TRA) was read the second time. HB 214 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" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 214(JUD) be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 214(JUD) was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: 1994-05-05 Senate Journal Page 4377 HB 214 CSHB 214(JUD) Third Reading - Final Passage YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Sharp, Taylor Nays: Adams, Duncan, Kerttula, Little, Phillips, Salo, Zharoff and so, CS FOR HOUSE BILL NO. 214(JUD) 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: CSHB 214(JUD) Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams, Little and so, the effective date clause was adopted. Senator Taylor moved the Court Rule change. The question being: "Shall the Court Rule change be adopted?" The roll was taken with the following result: CSHB 214(JUD) Adopt Court Rule Change(s)? 1994-05-05 Senate Journal Page 4378 HB 214 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor Nays: Adams, Duncan, Kerttula, Lincoln, Little, Phillips, Salo, Zharoff and so, the Court Rule change failed. Senator Taylor gave notice of reconsideration. HB 230 CS FOR HOUSE BILL NO. 230(FIN) "An Act relating to fees for a commercial fishing vessel license" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 230(FIN) be advanced to third reading and placed on final passage. Senator Zharoff objected, then withdrew his objection. There being no further objections, it was so ordered. CS FOR HOUSE BILL NO. 230(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 230(FIN) "An Act relating to fees for a commercial fishing vessel license" pass the Senate?" The roll was taken with the following result: CSHB 230(FIN) Third Reading - Final Passage YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Donley and so, CS FOR HOUSE BILL NO. 230(FIN) passed the Senate. Senator Zharoff gave notice of reconsideration. 1994-05-05 Senate Journal Page 4379 HB 367 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" was read the second time. Senator Pearce offered Amendment No. 1 : Page 2, line 6 and line 31: following "shelters" Insert ", and adjacent trash receptacles, Senator Pearce moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Little offered Amendment No. 2 : Page 2, line 19: after "of" Delete "four" Insert "two" Senator Little moved for the adoption of Amendment No. 2. Objections were heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 367(JUD) am S Second Reading Amendment No. 2 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Kelly, Kerttula, Little, Phillips, Rieger, Salo, Zharoff Nays: Frank, Halford, Jacko, Leman, Lincoln, Miller, Pearce, Sharp, Taylor and so, Amendment No. 2 was adopted. 1994-05-05 Senate Journal Page 4380 HB 367 Senator Little offered Amendment No. 3 : Page 2, line 26: Delete "8 feet by 12 feet" Insert "4 feet by 8 feet" Senator Little moved for the adoption of Amendment No. 3. Senator Taylor objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 367(JUD) am S Second Reading Amendment No. 3 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Kerttula, Little, Salo, Zharoff Nays: Adams, Frank, Halford, Jacko, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 3 failed. Amendment No. 4 was not offered. Amendment No. 5 was not offered. Senator Rieger offered Amendment No. 6 : Page 2, line 9: after "signs" Insert "north of 64 degrees latitude and west of 140 degrees longitude" Senator Rieger moved for the adoption of Amendment No. 6. Senator Little objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: 1994-05-05 Senate Journal Page 4381 HB 367 CSHB 367(JUD) am S Second Reading Amendment No. 6 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Kelly, Kerttula, Pearce, Phillips, Rieger, Salo Nays: Adams, Frank, Halford, Jacko, Leman, Lincoln, Little, Miller, Sharp, Taylor, Zharoff and so, Amendment No. 6 failed. Senator Kelly offered Amendment No. 7 : Page 2, line 9: Delete "lighting" Page 3, line 5: Delete "signs, displays and devices" Insert "unlighted signs, but not displays and devices" Senator Kelly moved for the adoption of Amendment No. 7. Senator Taylor objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 367(JUD) am S Second Reading Amendment No. 7 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Kelly, Little, Phillips, Rieger, Salo Nays: Adams, Duncan, Frank, Halford, Jacko, Kerttula, Leman, Lincoln, Miller, Pearce, Sharp, Taylor, Zharoff and so, Amendment No. 7 failed. 1994-05-05 Senate Journal Page 4382 HB 367 Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 367(JUD) am S be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. Senator Taylor moved and asked unanimous consent that his motion to advance the bill be withdrawn. Without objection, it was so ordered. HOUSE BILLS IN SECOND READING 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 returned to the Rules Committee (page 4292) was before the Senate. Senator Rieger moved and asked unanimous consent for the adoption of the Rules Senate Committee Substitute offered on page 4358. Senator Lincoln objected. The question being: "Shall the Rules Senate Committee Substitute be adopted?" The roll was taken with the following result: SCS CSHB 323(STA) Second Reading - On Reconsideration Adopt Rules Senate Committee Substitute? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS) was adopted. 1994-05-05 Senate Journal Page 4383 HB 323 SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS) was automatically in third reading. Senator Taylor called the Senate. President Halford stated the call was satisfied. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS) "An Act relating to requests for anatomical gifts and to the release of certain information for the purpose of facilitating anatomical gifts" pass the Senate?" The roll was taken with the following result: SCS CSHB 323(RLS) Third Reading - On Reconsideration YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Pearce, Salo, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS) failed. UNFINISHED BUSINESS HB 78 Senator Donley requested that the reconsideration on HOUSE BILL NO. 78 "An Act relating to the testimony of children in certain criminal proceedings; and providing for an effective date" be taken up at this time. 1994-05-05 Senate Journal Page 4384 HOUSE BILLS IN THIRD READING HB 78 HOUSE BILL NO. 78 was before the Senate in third reading on reconsideration. The question to be reconsidered: "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 - On Reconsideration 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. 78 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. HOUSE BILL NO. 78 was signed by the President and Secretary and returned to the House. HB 222 Senator Duncan requested that the reconsideration on 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 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" be taken up at this time. 1994-05-05 Senate Journal Page 4385 HOUSE BILLS IN THIRD READING HB 222 SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) am S was before the Senate in third reading on reconsideration. Senator Pearce called the Senate on the calendar. The question to be reconsidered: "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 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 - On Reconsideration YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little and so, SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) am S passed the Senate on reconsideration. Senator Taylor moved the Court Rule changes. The question being: "Shall the Court Rule changes be adopted?" The roll was taken with the following result: SCS CSHB 222(FIN) am S Adopt Court Rule Change(s)? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 1994-05-05 Senate Journal Page 4386 HB 222 Yeas: Donley, Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little and so, the Court Rule changes failed to be adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) am S(crt rule fld S) was referred to the Secretary for engrossment. THIRD READING OF HOUSE BILLS HB 299 CS FOR HOUSE BILL NO. 299(FIN) am was read the third time. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSHB 299(FIN) am Third Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Salo, Zharoff and so, CS FOR HOUSE BILL NO. 299(FIN) am 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: 1994-05-05 Senate Journal Page 4387 HB 299 CSHB 299(FIN) am Effective Date Vote YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Adams, Lincoln, Little, Salo and so, the effective date clause was adopted. Senator Ellis gave notice of reconsideration. SB 248 Senator Little moved that the Senate rescind its previous action in adopting the Conference Committee Report on CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 248(efd fld) "An Act relating to services for and protection of vulnerable adults." Senator Taylor moved and asked unanimous consent that the motion to rescind action be placed at the bottom of today's calendar. Without objection, it was so ordered. SENATE BILLS IN THIRD READING 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 4327) was before the Senate. Senator Pearce moved and asked unanimous consent that the bill be held to the May 6 calendar. Without objection, it was so ordered. 1994-05-05 Senate Journal Page 4388 HOUSE BILLS IN THIRD READING 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 4329) was before the Senate. Senator Pearce moved and asked unanimous consent that the bill be held to the May 6 calendar. Without objection, it was so ordered. SECOND READING OF SENATE RESOLUTIONS SJR 52 SENATE JOINT RESOLUTION NO. 52 Proposing amendments to the Constitution of the State of Alaska relating to the budget reserve fund, was read the second time. Senator Rieger moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 4354. Without objection, CS FOR SENATE JOINT RESOLUTION NO. 52(RLS) was adopted. CS FOR SENATE JOINT RESOLUTION NO. 52(RLS) was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR SENATE JOINT RESOLUTION NO. 52(RLS) be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. Senator Taylor moved and asked unanimous consent that his motion to advance the bill be withdrawn. Without objection, it was so ordered. SCR 19 SENATE CONCURRENT RESOLUTION NO. 19 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Joint Resolution No. 43, relating to a constitutional amendment concerning victims of crime, was read the second time. 1994-05-05 Senate Journal Page 4389 SCR 19 Senator Taylor moved for the adoption of the resolution. Senator Taylor 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 CONCURRENT RESOLUTION NO. 19 be taken up before CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN). Without objection, it was so ordered. SR 2 SENATE RESOLUTION NO. 2 Urging the Environmental Protection Agency to suspend the oxygenated fuels program in Anchorage, Alaska, was read the second time. Senator Rieger moved and asked unanimous consent for the adoption of the Health, Education and Social Services Committee Substitute offered on page 822 (1993 Senate Journal). Without objection, CS FOR SENATE RESOLUTION NO. 2(HES) Urging the Environmental Protection Agency to request a moratorium from the Congress for the MTBE oxygenated fuels programs in Anchorage and Fairbanks, Alaska, was adopted. Senator Donley offered Amendment No. 1 : Page 2, line 8: Delete "1993 - 1994" Insert "1994 - 1995" Senator Donley moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senators Sharp, Leman, Pearce, Frank, Miller, Rieger, Taylor, Zharoff moved and asked unanimous consent that they be shown as cosponsors on the resolution. Without objection, it was so ordered. CS FOR SENATE RESOLUTION NO. 2(HES) am was before the Senate on final passage. 1994-05-05 Senate Journal Page 4390 SR 2 The question being: "Shall CS FOR SENATE RESOLUTION NO. 2(HES) am Urging the Environmental Protection Agency to request a moratorium from the Congress for the MTBE oxygenated fuels programs in Anchorage and Fairbanks, Alaska, pass the Senate?" The roll was taken with the following result: CSSR 2(HES) am Second Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, CS FOR SENATE RESOLUTION NO. 2(HES) am passed the Senate. Senator Kelly gave notice of reconsideration. SCR 19 SENATE CONCURRENT RESOLUTION NO. 19 which had been placed before CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) on the calendar, was before the Senate. Senator Taylor offered Amendment No. 1 : Page 1, lines 2 - 3: Delete "relating to a constitutional amendment concerning victims of crime" Insert "proposing constitutional amendments relating to the rights of victims of crimes and to criminal administration" Page 1, lines 7 - 10: Delete "relating to a constitutional amendment concerning victims of crime, by inserting "and to penal administration" on page 1, line 2, following "victims" in the title of the version that passed the House" 1994-05-05 Senate Journal Page 4391 SCR 19 Insert "so that the title is `Proposing amendments to the Constitution of the State of Alaska relating to the rights of victims of crimes and to criminal administration.'" Senator Taylor moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. The question being: "Shall SENATE CONCURRENT RESOLUTION NO. 19 am Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Joint Resolution No. 43, proposing constitutional amendments relating to the rights of victims of crimes and to criminal administration, pass the Senate?" The roll was taken with the following result: SCR 19 am Second Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, SENATE CONCURRENT RESOLUTION NO. 19 am passed the Senate and was referred to the Secretary for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 43 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, was read the second time. 1994-05-05 Senate Journal Page 4392 HJR 43 Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 4316. Without objection, 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 administration" was adopted. SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(JUD) was read the second time. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(JUD) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. Senators Pearce, Halford, Taylor, Frank, Kelly, Miller, Sharp, Phillips moved and asked unanimous consent that they be shown as cross sponsors on the resolution. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(JUD) was read the third time. Senator Donley moved and asked unanimous consent that the following Letter of Intent be adopted. Senator Rieger objected. Letter of Intent for SCS for CS for HJR 43(JUD) It is the intent of the legislature in proposing this amendment to the Constitution of the State of Alaska relating to the rights of victims of crimes and to criminal administration that, if this amendment is adopted, the Rights of Victims Act passed in 1989 should be accepted as a codification of the rights secured by this constitutional provision, subject to further clarification or expansion as deemed appropriate by the legislature. The question being: "Shall the Letter of Intent be adopted?" The roll was taken with the following result: 1994-05-05 Senate Journal Page 4393 HJR 43 SCS CSHJR 43(JUD) Third Reading - Final Passage Adopt Letter of Intent? YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Leman, Miller, Pearce, Phillips, Sharp, Taylor Nays: Adams, Duncan, Ellis, Jacko, Kelly, Kerttula, Lincoln, Little, Rieger, Salo, Zharoff and so, the Letter of Intent failed. The question being: "Shall SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(JUD) Proposing an amendment to the Constitution of the State of Alaska relating to the rights of crime victims, pass the Senate?" The roll was taken with the following result: SCS CSHJR 43(JUD) Third Reading - Final Passage YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Kelly, Leman, Miller, Phillips, Sharp, Taylor Nays: Adams, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Pearce, Rieger, Salo, Zharoff and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(JUD) failed. Senator Halford gave notice of reconsideration. 1994-05-05 Senate Journal Page 4394 SECOND READING OF SENATE BILLS SB 378 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" which had been moved to the bottom of today's calendar (page 4373) was read the second time. Senator Frank moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 4212. Without objection, CS FOR SENATE BILL NO. 378(FIN) "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" was adopted. CS FOR SENATE BILL NO. 378(FIN) was read the second time. Senator Frank offered Amendment No. 1 : Page 2, line 4: Delete "or" Page 2, lines 6 - 7: Delete "or misdemeanor" Page 2, line 7: Delete "." Insert "; or (3) during all or part of the calendar year immediately preceding that dividend year, as a result of a third or subsequent conviction of a misdemeanor, the individual was incarcerated; for purposes of applying this paragraph only convictions that occur on or after January1, 1993, may be considered." 1994-05-05 Senate Journal Page 4395 SB 378 Page 2, line 12: After "system," Insert "to the Department of Revenue for the satisfaction of child support obligations of individuals who are not eligible for a dividend under AS43.23.005(d) but are otherwise eligible," Page 3, line 27: After "system," Insert "to the Department of Revenue for the satisfaction of child support obligations of individuals who are not eligible for a dividend under AS43.23.005(d) but are otherwise eligible," Senator Frank moved for the adoption of Amendment No. 1. Senator Adams objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 378(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 378(FIN) am was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 378(FIN) am "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" pass the Senate?" The roll was taken with the following result: CSSB 378(FIN) am Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams, Jacko 1994-05-05 Senate Journal Page 4396 SB 378 and so, CS FOR SENATE BILL NO. 378(FIN) 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. Senator Adams gave notice of reconsideration. UNFINISHED BUSINESS SB 248 Senator Little moved that the Senate rescind its previous action in adopting the Conference Committee Report on CCS SB 248(efd fld) "An Act relating to services for and protection of vulnerable adults." The question being: "Shall the Senate rescind its previous action in adopting the Conference Committee Report?" The roll was taken with the following result: CCS SB 248 Rescind previous action in adopting Conference Committee Report? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Pearce, Salo, Zharoff Nays: Frank, Halford, Kelly, Leman, Miller, Phillips, Rieger, Sharp, Taylor and so, the Senate rescinded its previous action. Senator Taylor moved and asked unanimous consent that the Conference Committee Report be held to the May 6 calendar. Without objection, it was so ordered. 1994-05-05 Senate Journal Page 4397 CITATIONS Honoring - Michael C. Fish, Aviation Survivalman Second Class, U.S. Coast Guard by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Zharoff, Taylor, Duncan, Pearce, Lincoln, Leman Honoring - Rural Student Services, UAF 25th Anniversary by Representative(s) Davies, Brice, Nicholia, Hoffman, Sitton Senator(s) Lincoln, Adams, Zharoff, Taylor, Ellis, Duncan, Kerttula, Little, Pearce, Jacko, Leman Honoring - Matt Mattson by Representative(s) Davies, Willis, Sitton, Brice Senator(s) Frank, Miller, Zharoff, Taylor, Duncan, Kerttula, Little, Pearce, Lincoln Honoring - Prince William Sound Aquaculture Corporation by Senator(s) Lincoln, Zharoff, Taylor, Sharp, Ellis, Duncan, Kerttula, Little, Pearce, Leman Representative(s) Olberg Honoring - "Fast Eddie" Foster by Senator(s) Kelly, Zharoff, Taylor, Phillips, Duncan, Kerttula, Pearce, Lincoln, Adams, Halford Honoring - Pat Ryan by Senator(s) Kelly, Zharoff, Taylor, Sharp, Duncan, Kerttula, Pearce, Leman, Halford, Frank Honoring - Chugiak High School Mustangs, 1994 4-A State Volleyball Champions by Representative(s) Willis, Carney, Kott Senator(s) Halford, Phillips, Zharoff, Taylor, Duncan, Kerttula, Pearce, Lincoln, Leman Honoring - Dean Schlehofer and Eric Emmons by Representative(s) Mulder Senator(s) Zharoff, Taylor, Duncan, Kerttula, Pearce, Salo 1994-05-05 Senate Journal Page 4398 Honoring - Usibelli Coal Mine, Fifty Great Years in Alaska by Representative(s) Phillips Senator(s) Sharp, Frank, Miller, Zharoff, Taylor, Duncan, Kerttula, Lincoln, Pearce, Leman, Halford Honoring - Capital City High School Science Fair Winners by Representative(s) Ulmer, Hudson Senator(s) Duncan, Zharoff, Taylor, Kerttula, Pearce, Leman Honoring - Jeffrey R. Skrade by Senator(s) Jacko, Zharoff, Taylor, Duncan, Kerttula, Lincoln Honoring - Hobo Jim, Alaska's Balladeer by Representative(s) Phillips Senator(s) Little, Zharoff, Taylor, Duncan, Kerttula, Lincoln, Pearce, Kelly, Halford, Salo In Memoriam - Robert "Uncle "Bob" Pavitt by Representative(s) Ulmer, Hudson Senator(s) Duncan, Kerttula, Zharoff, Taylor, Ellis, Kerttula, Little, Lincoln, Pearce, Kelly, Donley, 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. UNFINISHED BUSINESS HB 323 Senator Pearce moved that the Senate rescind its previous action in failing SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS) "An Act relating to requests for anatomical gifts and to the release of certain information for the purpose of facilitating anatomical gifts." The question being: "Shall the Senate rescind its previous action in failing SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS)?" The roll was taken with the following result: 1994-05-05 Senate Journal Page 4399 HB 323 SCS CSHB 323(RLS) Rescind Previous Action 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 CS FOR CS FOR HOUSE BILL NO. 323(RLS) "An Act relating to requests for anatomical gifts and to the release of certain information for the purpose of facilitating anatomical gifts" pass the Senate?" The roll was taken with the following result: SCS CSHB 323(RLS) 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 CS FOR CS FOR HOUSE BILL NO. 323(RLS) passed the Senate on reconsideration. SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS) was referred to the Secretary for engrossment. 1994-05-05 Senate Journal Page 4400 UNFINISHED BUSINESS HB 538 Senator Kelly, Chair, moved and asked unanimous consent that the Labor and Commerce Committee referral be waived on CS FOR HOUSE BILL NO. 538(L&C) "An Act relating to uniform claims forms, uniform standards, and uniform procedures for processing data relating to billing and payment of health care services; and providing for an effective date." Without objection, it was so ordered. CS FOR HOUSE BILL NO. 538(L&C) was referred to the Rules Committee. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SCR 19 SENATE CONCURRENT RESOLUTION NO. 19 am Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Joint Resolution No. 43 proposing constitutional amendments relating to the rights of victims of crimes and to criminal administration, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 222 SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) am S(ct rule fld S) "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" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 323 SENATE CS FOR CS FOR HOUSE BILL NO. 323(RLS) "An Act relating to requests for anatomical gifts and to the release of certain information for the purpose of facilitating anatomical gifts" was engrossed, signed by the President and Secretary and returned to the House for consideration. 1994-05-05 Senate Journal Page 4401 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 engrossed, signed by the President and Secretary and returned to the House for consideration. ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., May 6, 1994. Without objection, the Senate adjourned at 10:31 p.m. Nancy Quinto Secretary of the Senate May 1994 1994-05-05 Senate Journal Page 4402 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 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> 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 MAY 05 THURSDAY 10:30 PM ** TO MEET UPON ADJOURNMENT ** SB 301 REVISE FOUNDATION FORMULA, SMALL SCHOOLS MAY 06 FRIDAY 0:00 AM ** TO MEET AT CALL OF CHAIR AFTER SESSION ** ---------------------------------------- 1994-05-05 Senate Journal Page 4403 JUDICIARY BELTZ ROOM 211 MAY 06 FRIDAY 4:00 PM ** NOTE TIME CHANGE ** BILLS PREVIOUSLY HEARD HB 459 DAMAGES & ATTY FEES FOR UNPAID WAGES HB 54 TELEPHONE CONSUMER PROTECTION HB 253 FISHERIES BUSINESS TAXES ---------------------------------------- LABOR & COMMERCE FAHRENKAMP ROOM 203 MAY 05 THURSDAY 5:45 PM LABOR & COMMERCE ---------------------------------------- RESOURCES BELTZ ROOM 211 MAY 05 THURSDAY 3:30 PM ** NOTE LOCATION CHANGE ** HB 218 REPEAL 58 FT. LIMIT FOR SEINE VESSELS SCR 20 REOPENING ALASKA-JUNEAU MINE ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAY 06 FRIDAY 10:00 AM RULES JOINT COMMITTEES LEGISLATIVE BUDGET AND AUDIT SENATE FINANCE 518 MAY 07 SATURDAY 8:30 AM RELEASE FINAL AUDIT CONSTITUTIONAL RESERVE FUND OTHER COMMITTEES MINORITY CAUCUS BELTZ ROOM 211 MAY 05 THURSDAY 9:00 AM JOINT WITH HOUSE ---------------------------------------- 1994-05-05 Senate Journal Page 4404 CONFERENCE COMMITTEES SENATE FINANCE 518 MAY 05 THURSDAY 3:00 PM HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET CAPITOL ROOM 106 MAY 06 FRIDAY 10:30 AM SB 250 REVISE OLDER ALASKANS COMMISSION SENATE FINANCE 518 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