Legislature(1993 - 1994)
1994-05-07 Senate Journal
Full Journal pdf1994-05-07 Senate Journal Page 4457 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Saturday May 7, 1994 One Hundred Eighteenth Day Pursuant to adjournment the Senate was called to order by President Halford at 3:07 p.m. The roll showed fourteen members present. Senators Donley, Frank, Kelly, Kerttula, Leman, Taylor were absent. The prayer was offered by the Chaplain, Senator Pearce. Senator Adams moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Almighty God, please give to us, and to those who make the laws in our nation, states, cities and towns, the courage, the wisdom and the foresight to provide for the needs of all our people, and to fulfill our obligations in the community. Give grace to Your servants, O Lord. Amen. Senator Little led the Senate in the pledge of allegiance. CERTIFICATION Senator Rieger moved and asked unanimous consent that the journal for the one hundred seventeenth legislative day be approved as certified by the Secretary. Senator Duncan objected. Senator Duncan called the Senate. President Halford stated the call was satisfied. Senator Duncan withdrew his objection. There being no further objections, the journal was approved as certified. 4457 1994-05-07 Senate Journal Page 4458 MESSAGES FROM THE GOVERNOR HB 59 Message of May 6 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 59(FIN) "An Act making a special appropriation to the Department of Natural Resources for refunds to certain veterans who purchased state land and for reimbursement to the University of Alaska for the veterans' land discount applied to land transferred to the University of Alaska." Chapter 26, SLA 1994 Effective Date: 8/4/94 HB 294 Message of May 6 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR HOUSE BILL NO. 294(L&C) "An Act extending the termination date of the Board of Pharmacy; and providing for an effective date." Chapter 27, SLA 1994 Effective Date: 6/30/94 HB 160 Message of May 7 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE BILL NO. 160 am S(efd fld S) "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property." 1994-05-07 Senate Journal Page 4459 HB 160 Chapter 28, SLA 1994 Effective Date: 8/5/94 HJR 50 Message of May 7 was read, stating the Governor signed the following resolution and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) Relating to the North Pacific Fishery Management Council comprehensive rationalization plan. Legislative Resolve No. 44 MESSAGES FROM THE HOUSE SB 256 Message of May 6 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 256(TRA) "An Act relating to the tax on transfers and consumption of aviation fuel; and providing for an effective date." CS FOR SENATE BILL NO. 256(TRA) was referred to the Secretary for enrollment. SB 332 Message of May 7 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 332(JUD) "An Act relating to the possession of 25 or more marijuana plants." CS FOR SENATE BILL NO. 332(JUD) was referred to the Secretary for enrollment. 1994-05-07 Senate Journal Page 4460 SB 312 Message of May 6 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 312(HES) am with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 312(FIN) "An Act relating to the school term, school construction grants and to interscholastic school activities; relating to a pilot project for state aid for special education; and providing for an effective date." 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. 312(HES) am?" The roll was taken with the following result: HCS CSSB 312(FIN) Shall the Senate concur in the amendment to CSSB 312(HES) am? Effective Date YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Adams, Donley, Ellis and so, the Senate concurred in the House amendment, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 312(FIN) "An Act relating to the school term, school construction grants and to interscholastic school activities; relating to a pilot project for state aid for special education; and providing for an effective date." Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. 1994-05-07 Senate Journal Page 4461 SB 312 The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 312(FIN) was referred to the Secretary for enrollment. STANDING COMMITTEE REPORTS HB 301 The Finance 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 do pass: Senator Pearce, Cochair, Senators Kelly, Rieger, Sharp. Signing no recommendation: Senators Jacko, Kerttula. Previous House fiscal note. CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 301(L&C) was referred to the Rules Committee. HB 445 The Finance Committee considered HOUSE BILL NO. 445 am "An Act relating to administrative or court revocation of a driver's license resulting from operation of a motor vehicle, commercial motor vehicle, or aircraft; relating to chemical testing of a person's breath, urine, or blood if the person is involved in a motor vehicle accident that causes death or serious physical injury; relating to definitions applicable to commercial motor vehicle laws; relating to chemical testing of a person's breath, urine, or blood without the person's consent; and relating to the use in a civil or criminal action of the refusal of a person to submit to a chemical test" and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 445(FIN), entitled: "An Act relating to operating or driving a motor vehicle, commercial motor vehicle, aircraft, or watercraft; to motor vehicle forfeiture; and providing for an effective date." (title change authorized by SCR 22) 1994-05-07 Senate Journal Page 4462 HB 445 Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly, Rieger, Kerttula, Sharp. Fiscal notes for the Senate Committee Substitute published today from Department of Administration, Department of Corrections, Department of Public Safety. Zero fiscal notes for the Senate Committee Substitute published today from Department of Administration, Alaska Court System, Department of Public Safety. Previous House zero fiscal note applies to the Senate Committee Substitute. HOUSE BILL NO. 445 am was referred to the Rules Committee. The Senate stood at ease at 3:38 p.m. The Senate returned at 4:31 p.m. STANDING COMMITTEE REPORTS CONTINUED HB 456 The Finance Committee considered HOUSE BILL NO. 456 am "An Act making appropriations to satisfy the agreed-upon monetary terms of certain collective bargaining agreements for certain public employees; and providing for an effective date." Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly, Kerttula, Sharp. Signing no recommendation: Senator Jacko. HOUSE BILL NO. 456 am was referred to the Rules Committee. HB 466 The Finance Committee considered HOUSE BILL NO. 466 am "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." 1994-05-07 Senate Journal Page 4463 HB 466 Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly, Sharp. Signing no recommendation: Senators Rieger, Kerttula. Signing do not pass: Senator Jacko. Previous House zero fiscal notes. HOUSE BILL NO. 466 am was referred to the Rules Committee. HB 510 The Finance Committee considered 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." Signing do pass: Senators Frank, Pearce, Cochairs, Senators Kelly, Kerttula, Sharp. Signing no recommendation: Senator Jacko. HOUSE BILL NO. 510 was referred to the Rules Committee. HB 548 The Finance Committee considered HOUSE BILL NO. 548 "An Act relating to the construction of the Alaska Orbital Launch Complex by the Alaska Aerospace Development Corporation." Signing do pass: Senators Frank, Pearce, Cochairs, Senators Jacko, Kelly. Signing no recommendation: Senators Kerttula, Rieger, Sharp. Previous House zero fiscal note. HOUSE BILL NO. 548 was referred to the Rules Committee. SB 372 The Rules 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." Signing to calendar: Senator Halford, Chair, Senator Rieger. Signing no recommendation: Senators Little, Zharoff. SENATE BILL NO. 372 is on today's calendar. 1994-05-07 Senate Journal Page 4464 HJR 55 The Rules Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 55(RES) Relating to the importance to the economy of Southeast Alaska of continued timber harvests on the Tongass National Forest. Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff, Jacko. CS FOR HOUSE JOINT RESOLUTION NO. 55(RES) is on today's calendar. HJR 56 The Rules Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 56(RES) Relating to an exemption for federal land in Alaska from the federal PACFISH management strategy. Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff, Jacko. CS FOR HOUSE JOINT RESOLUTION NO. 56(RES) is on today's calendar. HB 316 The Rules Committee considered HOUSE BILL NO. 316 "An Act adopting the Uniform Statutory Rule Against Perpetuities; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Rieger, Jacko. HOUSE BILL NO. 316 is on today's calendar. HB 319 The Rules Committee considered CS FOR HOUSE BILL NO. 319(FIN) "An Act relating to the training of law enforcement and corrections officers; to the establishment of surcharges to be assessed for violations of certain traffic offenses; allowing defendants who are unable to pay the surcharge to perform community work; creating the Alaska police standards training fund; and providing for an effective date." Signing to calendar: Senator Halford, Chair, Senators Zharoff, Little, Jacko, Rieger. CS FOR HOUSE BILL NO. 319(FIN) is on today's calendar. 1994-05-07 Senate Journal Page 4465 HB 330 The Rules Committee considered CS FOR HOUSE BILL NO. 330(TRA) "An Act relating to the use of natural gas as a motor vehicle fuel in state-owned vehicles and to the Department of Transportation and Public Facilities' authority to participate in joint ventures related to natural gas." Signing to calendar: Senator Halford, Chair, Senators Rieger, Little, Zharoff. CS FOR HOUSE BILL NO. 330(TRA) is on today's calendar. HB 397 The Rules Committee considered CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(FIN) "An Act relating to the power to levy property taxes in second class cities." Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff, Jacko. Signing no recommendation: Senator Little. CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(FIN) is on today's calendar. HB 459 The Rules Committee considered CS FOR HOUSE BILL NO. 459(JUD) am "An Act relating to settlement and payment of claims for minimum wage and overtime compensation claims and to liquidated damages and attorney fees for minimum wage and overtime compensation claims." Signing to calendar: Senator Halford, Chair, Senators Rieger, Zharoff. Signing no recommendation: Senator Little. CS FOR HOUSE BILL NO. 459(JUD) am is on today's calendar. HB 513 The Rules Committee considered CS FOR HOUSE BILL NO. 513(STA) "An Act relating to financial assistance for certain owners or operators of underground petroleum storage tank systems; and providing for an effective date." Signing no recommendation: Senator Halford, Chair, Senator Zharoff. Signing to calendar and do pass: Senator Little. Signing to calendar: Senator Rieger. CS FOR HOUSE BILL NO. 513(STA) is on today's calendar. 1994-05-07 Senate Journal Page 4466 SPECIAL COMMITTEE REPORTS SB 250 The following report was received and distributed at 11:55 a.m., May 6, 1994. May 6, 1994 Mr. President: Madam Speaker: The CONFERENCE COMMITTEE, with limited powers of free conference, considered 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" and recommends CONFERENCE CS FOR SENATE BILL NO. 250 "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." be adopted. Signing the report: Senator Sharp, Chair, Senators Kerttula, Leman, Representative Toohey, Chair, Representatives Kott, Willis. Previous zero fiscal note applies to the Conference Committee Substitute. Senator Sharp moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 250. 1994-05-07 Senate Journal Page 4467 SB 250 The question being: "Shall CONFERENCE CS FOR SENATE BILL NO. 250 pass the Senate?" The roll was taken with the following result: CCSSB 250 Adopt Conference Committee Report? Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Ellis, Little and so, CONFERENCE CS FOR SENATE BILL NO. 250 "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" 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. The Secretary was requested to notify the House. CONFERENCE CS FOR SENATE BILL NO. 250 was referred to the Secretary for engrossment and enrollment. HB 407 The following report was received and distributed at 2:55 p.m., May 7, 1994. May 7, 1994 Mr. President: Madam Speaker: 1994-05-07 Senate Journal Page 4468 HB 407 The CONFERENCE COMMITTEE, with limited powers of free conference, considered HOUSE BILL NO. 407 "An Act relating to issuance of commemorative gold rush motor vehicle license plates" and SENATE CS FOR HOUSE BILL NO. 407(FIN) am S "An Act relating to issuance of commemorative gold rush motor vehicle license plates; and providing for an effective date" and recommends CONFERENCE CS FOR HOUSE BILL NO. 407 "An Act relating to issuance of commemorative gold rush motor vehicle license plates; and providing for an effective date." be adopted and attaches a Conference Committee Letter of Intent. Signing the report: Senator Sharp, Chair, Senators Salo, Jacko, Representative Foster, Chair, Representatives Phillips, Grussendorf. Letter of Intent for CONFERENCE CS For HOUSE BILL NO. 407 It is the intent of the conference committee in considering HB 407 and SCS HB 407(FIN) am S that the law enforcement community be surveyed statewide to assess the public safety impact of issuing one license plate as contained in Section 1 of CCS HB 407. The law enforcement community will report back their findings to the legislature prior to the January 1, 1996 effective date of Section 3 of the CCS HB 407. It is the conference committee's further intent that the commissioner work in consultation with the Alaska Gold Rush Centennial Task Force on the design and color of the gold rush commemorative plates. Fiscal note for the Conference Committee Substitute published today from Department of Public Safety. 1994-05-07 Senate Journal Page 4469 HB 407 Senator Taylor moved that the Conference Committee Substitute Letter of Intent be adopted as a Senate Letter of Intent. Senator Rieger objected, then withdrew his objection. Senator Duncan objected. The question being: "Shall the Conference Committee Substitute Letter of Intent be adopted?" The roll was taken with the following result: CCS HB 407 Adopt Letter of Intent? YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Jacko, Kelly, Miller, Phillips, Salo, Sharp, Taylor Nays: Adams, Duncan, Ellis, Halford, Kerttula, Leman, Lincoln, Little, Pearce, Rieger, Zharoff and so, the Letter of Intent failed. Senator Sharp moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR HOUSE BILL NO. 407. The question being: "Shall CONFERENCE CS FOR HOUSE BILL NO. 407 pass the Senate?" The roll was taken with the following result: CCS HB 407 Adopt Conference Committee Report? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Lincoln, Miller, Rieger, Salo, Sharp, Taylor Nays: Adams, Duncan, Leman, Little, Pearce, Phillips, Zharoff 1994-05-07 Senate Journal Page 4470 HB 407 and so, CONFERENCE CS FOR HOUSE BILL NO. 407 "An Act relating to issuance of commemorative gold rush motor vehicle license plates; 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 HB 407 Effective Date Vote YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Adams, Donley, Pearce, Salo Jacko changed from "Nay" to "Yea". Taylor changed from "Nay" to "Yea". and so, the effective date clause was adopted. The Secretary was requested to notify the House. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 372 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" was read the second time. 1994-05-07 Senate Journal Page 4471 SB 372 Senator Pearce moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 4346. Senator Ellis objected, then withdrew his objection. There being no further objections, CS FOR SENATE BILL NO. 372(FIN) "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" was adopted. CS FOR SENATE BILL NO. 372(FIN) was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 372(FIN) 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. Senator Jacko offered Amendment No. 1 : Add a new section to read: AS 04.21.010(c) is amended to read: (c) A municipality may not impose taxes on alcoholic beverages except a (1) property tax on alcoholic beverage inventories; (2) sales tax on alcoholic beverage sales if sales taxes are imposed on other sales within the municipality; a sales tax imposed on alcoholic beverages in a municipality with a population of 2,500 or fewer people or in a municipality that had a population of 2,500 or fewer people on July1, 1993, may be equal to or higher than the sales tax imposed on other sales within the municipality but may not be lower than the sales tax imposed on other sales within the municipality; (3) sales tax on alcoholic beverage sales that was in effect before July1, 1985; and 1994-05-07 Senate Journal Page 4472 SB 372 (4) sales and use tax on alcoholic beverages if the sale of alcoholic beverages within the municipality has been prohibited under AS 04.11.490. Add a new section to read: AS 29.45.650(b) is amended to read: (b) A borough levying a sales tax may also by ordinance levy a use tax on the storage, use, or consumption of tangible personal property in the borough. The use tax rate must equal the sales tax rate except as otherwise provided under AS04.21.010(c), and the use tax shall be levied only on buyers. Senator Jacko moved for the adoption of Amendment No. 1. Objections were heard. Senator Pearce offered amendment to Amendment No. 1: In new section (c)(2) after"beverages" Delete "in a municipality with a population of 2,500 or fewer people or in a municipality that had a population of 2,500 or fewer people on July 1, l993," Senator Pearce moved for the adoption of amendment to Amendment No. 1. Senator Taylor objected. The question being: "Shall amendment to Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 372(FIN) Second Reading Amendment to Amendment No. 1 YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp, Zharoff Nays: Adams, Frank, Phillips, Taylor and so, amendment to Amendment No. 1 was adopted. 1994-05-07 Senate Journal Page 4473 SB 372 The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: CSSB 372(FIN) Second Reading Amendment No. 1 as amended YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Rieger, Salo, Sharp, Zharoff Nays: Adams, Duncan, Phillips, Taylor and so, Amendment No. 1 as amended was adopted. Senator Lincoln offered Amendment No. 2 : Page 28, line 8: After "village" Delete "that has a perimeter no more than 10 miles in diameter clearly designated on a map by the local governing body or the board in the absence of a local governing body, Senator Lincoln moved for the adoption of Amendment No. 2. Senator Lincoln called the Senate. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 372(FIN) am Second Reading Amendment No. 2 YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kerttula, Lincoln, Little, Phillips, Rieger, Salo, Zharoff Nays: Kelly, Leman, Miller, Pearce, Sharp, Taylor 1994-05-07 Senate Journal Page 4474 SB 372 and so, Amendment No. 2 was adopted. Senator Taylor offered Amendment No. 3 : Page 31, line 4: Delete all material. Insert new bill sections to read: "* Sec. 62. AS 04.16.110(2), enacted in sec. 28 of this Act, takes effect July 1, 1995. "* Sec. 63. Except as provided in sec. 62 of this Act, this Act takes effect July 1, 1994." Senator Taylor moved for the adoption of Amendment No. 3. Senator Little objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 372(FIN) am Second Reading Amendment No. 3 YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Jacko, Kerttula, Lincoln, Little, Miller, Pearce, Phillips, Salo, Sharp, Taylor, Zharoff Nays: Ellis, Halford, Kelly, Leman, Rieger and so, Amendment No. 3 was adopted. Senator Taylor moved and asked unanimous consent that CS FOR SENATE BILL NO. 372(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. 372(FIN) am was read the third time. 1994-05-07 Senate Journal Page 4475 SB 372 The question being: "Shall CS FOR SENATE BILL NO. 372(FIN) am "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" pass the Senate?" The roll was taken with the following result: CSSB 372(FIN) am Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Zharoff Nays: Taylor and so, CS FOR SENATE BILL NO. 372(FIN) am passed the Senate. Senator Pearce 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 Kelly gave notice of reconsideration. SB 319 The Rules Committee considered SENATE BILL NO. 319 "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers; and permitting municipalities to install `drug-free recreation and youth center zone' signs." Signing to calendar: Senator Halford, Chair, Senators Little, Rieger, Jacko. SENATE BILL NO. 319 is on today's First Supplemental Calendar. 1994-05-07 Senate Journal Page 4476 Senator Pearce moved and asked unanimous consent for the adoption of the First Supplemental Calendar. Without objection, it was so ordered. FIRST SUPPLEMENTAL CALENDAR SECOND READING OF SENATE BILLS SB 319 SENATE BILL NO. 319 "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers; and permitting municipalities to install `drug-free recreation and youth center zone' signs" was read the second time. Senator Taylor moved and asked unanimous consent that SENATE BILL NO. 319 be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE BILL NO. 319 was read the third time. Senators Phillips, Little, Donley, Taylor, Miller, Sharp, Kerttula moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: "Shall SENATE BILL NO. 319 "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers; and permitting municipalities to install `drug-free recreation and youth center zone' signs" pass the Senate?" The roll was taken with the following result: SB 319 Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, SENATE BILL NO. 319 passed the Senate. Senator Pearce gave notice of reconsideration. 1994-05-07 Senate Journal Page 4477 SB 319 Senator Pearce moved and asked unanimous consent that the reconsideration on SENATE BILL NO. 319 be taken up at this time. Without objection, it was so ordered. SENATE BILLS IN THIRD READING SB 319 SENATE BILL NO. 319 was before the Senate in third reading on reconsideration. The question to be reconsidered: "Shall SENATE BILL NO. 319 "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers; and permitting municipalities to install `drug-free recreation and youth center zone' signs" pass the Senate?" The roll was taken with the following result: SB 319 Third Reading - On Reconsideration YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, SENATE BILL NO. 319 passed the Senate on reconsideration. SENATE BILL NO. 319 was referred to the Secretary for engrossment. CONSIDERATION OF THE CALENDAR CONTINUED HB 316 HOUSE BILL NO. 316 "An Act adopting the Uniform Statutory Rule Against Perpetuities; and providing for an effective date" was read the second time. 1994-05-07 Senate Journal Page 4478 HB 316 Senator Taylor moved and asked unanimous consent that HOUSE BILL NO. 316 be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 316 was read the third time. The question being: "Shall "An Act adopting the Uniform Statutory Rule Against Perpetuities; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 316 Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Salo, Sharp, Taylor, Zharoff Absent: Rieger Kerttula changed from "Nay" to "Yea". and so, HOUSE BILL NO. 316 passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. HOUSE BILL NO. 316 was signed by the President and Secretary and returned to the House. 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 6:10 p.m. 1994-05-07 Senate Journal Page 4479 AFTER RECESS The Senate reconvened at 7:18 p.m. Senator Phillips called the Senate on today's calendar. President Halford stated the call was satisfied. CONSIDERATION OF THE CALENDAR CONTINUED HB 319 CS FOR HOUSE BILL NO. 319(FIN) "An Act relating to the training of law enforcement and corrections officers; to the establishment of surcharges to be assessed for violations of certain traffic offenses; allowing defendants who are unable to pay the surcharge to perform community work; creating the Alaska police standards training fund; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 4013. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 319(JUD) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 319(JUD) was read the second time. Senator Lincoln offered Amendment No. 1 : Page 3, line 13: after "academy," Insert "including Village Public Safety Officers," Senator Lincoln 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: SCS CSHB 319(JUD) Second Reading Amendment No. 1 1994-05-07 Senate Journal Page 4480 HB 319 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Halford, Jacko, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Halford changed from "Nay" to "Yea". and so, Amendment No. 1 was adopted. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 319(JUD) am S be considered engrossed, advanced to third reading and placed on final passage. Senator Taylor objected. Senator Taylor moved and asked unanimous consent that his motion to advance the bill be withdrawn. Without objection, it was so ordered. HB 330 CS FOR HOUSE BILL NO. 330(TRA) "An Act relating to the use of natural gas as a motor vehicle fuel in state-owned vehicles and to the Department of Transportation and Public Facilities' authority to participate in joint ventures related to natural gas" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 330(TRA) be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 330(TRA) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 330(TRA) "An Act relating to the use of natural gas as a motor vehicle fuel in state-owned vehicles and to the Department of Transportation and Public Facilities' authority to participate in joint ventures related to natural gas" pass the Senate?" The roll was taken with the following result: 1994-05-07 Senate Journal Page 4481 HB 330 CSHB 330(TRA) Third Reading - Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff and so, CS FOR HOUSE BILL NO. 330(TRA) passed the Senate. Senators Kerttula, Salo, Little, Ellis, Pearce, Kelly moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Adams gave notice of reconsideration. HB 397 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(FIN) "An Act relating to the power to levy property taxes in second class cities" was read the second time. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 3781. Without objection, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(JUD) was adopted. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(JUD) was read the second time. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(JUD) be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(JUD) was read the third time. 1994-05-07 Senate Journal Page 4482 HB 397 The question being: "Shall SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(JUD) "An Act relating to the power to levy property taxes in second class cities" pass the Senate?" The roll was taken with the following result: SCS CSSS HB 397(JUD) Third Reading - Final Passage YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Taylor, Zharoff Nays: Ellis, Halford, Jacko, Kelly, Rieger, Salo, Sharp and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(JUD) passed the Senate. Senator Sharp gave notice of reconsideration. HB 459 CS FOR HOUSE BILL NO. 459(JUD) am "An Act relating to settlement and payment of claims for minimum wage and overtime compensation claims and to liquidated damages and attorney fees for minimum wage and overtime compensation claims" was read the second time. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 4447. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) "An Act relating to settlement and payment of claims for minimum wage and overtime compensation claims and to liquidated damages and attorney fees for minimum wage and overtime compensation claims; and amending Alaska Rule of Civil Procedure 82" was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) was read the second time. 1994-05-07 Senate Journal Page 4483 HB 513 CS FOR HOUSE BILL NO. 513(STA) "An Act relating to financial assistance for certain owners or operators of underground petroleum storage tank systems; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 513(STA) be advanced to third reading and placed on final passage. Senator Ellis objected. The question being: "Shall CS FOR HOUSE BILL NO. 513(STA) be advanced to third reading?" The roll was taken with the following result: CSHB 513(STA) Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff Little changed from "Yea" to "Nay". and so, the bill failed to advance to third reading. THIRD READING OF HOUSE BILLS HB 2 CS FOR HOUSE BILL NO. 2(RLS) "An Act requiring drug and alcohol tests for school bus drivers" was read the third time. Senator Little offered the following Letter of Intent: Letter of Intent for CS for HOUSE BILL NO. 2(RLS) Wherever possible, the Department of Education will conduct 2 separate drug tests before commencing a disciplinary hearing. 1994-05-07 Senate Journal Page 4484 HB 2 Senator Little moved and asked unanimous consent that the Letter of Intent be adopted as a Senate Letter of Intent. Senator Leman offered an amendment to the Letter of Intent. After "tests": Insert "on the same sample" Senator Leman moved for the adoption of the amendment to the Letter of Intent. Without objection, the amendment to the Letter of Intent was adopted. Without objection, the Letter of Intent as amended was adopted as a Senate Letter of Intent. Senator Ellis moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Ellis offered Amendment No. 1 : Page 2, line 7, after "(b)": Insert "For a driver who is not required to have a commercial drivers' license, an employer (1) shall keep and maintain records of the testing for improper use of drugs or alcohol on a confidential basis and may only release the results with the written consent of the employee; and (2) may not retain false positive test results in the employee's employment records and may not release information about a false positive test without the written consent of the employee. (c)" Reletter the following subsection accordingly. Senator Ellis moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. 1994-05-07 Senate Journal Page 4485 HB 2 CS FOR HOUSE BILL NO. 2(RLS) am S was automatically in third reading. The question being: "Shall CS FOR HOUSE BILL NO. 2(RLS) am S "An Act requiring drug and alcohol tests for school bus drivers" pass the Senate?" The roll was taken with the following result: CSHB 2(RLS) am S Third Reading - Final Passage YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Salo and so, CS FOR HOUSE BILL NO. 2(RLS) am S passed the Senate with a Senate Letter of Intent. Senator Lincoln gave notice of reconsideration. UNFINISHED BUSINESS SB 372 Senator Kelly moved and asked unanimous consent that the reconsideration on CS FOR SENATE BILL NO. 372(FIN) am "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" be taken up. Without objection, it was so ordered. SENATE BILLS IN THIRD READING SB 372 CS FOR SENATE BILL NO. 372(FIN) am was before the Senate on reconsideration. 1994-05-07 Senate Journal Page 4486 SB 372 Senator Kelly moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 4. Without objection, it was so ordered. Senator Kelly offered Amendment No. 4 : Page 31 before bill section reading "* Sec. 64. AS04.16.110(2), enacted in sec. 28 of this Act, takes effect July1, 1995.": Insert a new bill section to read: "* Sec. 64. PROHIBITION ON PURCHASE OF CERTAIN ALCOHOLIC BEVERAGES. Beginning July1, 1994, and ending June30, 1995, a person licensed as a wholesaler under AS04.11.160 may not purchase an alcoholic beverage that contains more than 76 percent alcohol by volume." Renumber the following bill sections accordingly. Page 31, in the last effective date section, adjust the internal section number reference accordingly. Senator Kelly moved and asked unanimous consent for the adoption of Amendment No. 4. Without objection, Amendment No. 4 was adopted. CS FOR SENATE BILL NO. 372(FIN) am was automatically in third reading. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 372(FIN) am "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" pass the Senate?" The roll was taken with the following result: CSSB 372 am Third Reading - On Reconsideration Effective Date 1994-05-07 Senate Journal Page 4487 SB 372 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 BILL NO. 372(FIN) am passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. CS FOR SENATE BILL NO. 372(FIN) am was referred to the Secretary for engrossment. CONSIDERATION OF THE CALENDAR CONTINUED THIRD READING OF HOUSE BILLS HB 443 CS FOR HOUSE BILL NO. 443(RES) am(efd fld) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 443(RES) am(efd fld) "An Act relating to the confidentiality of certain records relating to fish and wildlife" pass the Senate?" The roll was taken with the following result: CSHB 443(RES) AM(EFD FLD) Third Reading - Final Passage 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 1994-05-07 Senate Journal Page 4488 HB 443 and so, CS FOR HOUSE BILL NO. 443(RES) am(efd fld) passed the Senate. Senator Ellis gave notice of reconsideration. 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 4433) was before the Senate. Senator Pearce moved and asked unanimous consent that the bill be held on reconsideration to the May 8 calendar. Without objection, it was so ordered. 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 4433) was before the Senate. Senator Pearce moved and asked unanimous consent that the bill be held on reconsideration to the May 8 calendar. Without objection, it was so ordered. 1994-05-07 Senate Journal Page 4489 UNFINISHED BUSINESS HB 531 Senator Lincoln requested that the reconsideration on CS FOR HOUSE BILL NO. 531(STA) am "An Act relating to the Milk Control Advisory Board, Museum Collections Advisory Committee, Alaska Workers' Compensation Board, resource development authorities, Board of Parole, railroad labor relations agency, Alaska School Activities Association, Steering Council for Alaska Lands, Rural Affairs Commission, Governor's Commission on the Involvement of Young People in Government, Yukon-Taiya Commission, environmental advisory board, Alaska Gas Pipeline Financing Authority, and Alaska Manpower Services Council; and establishing regional resource development authorities; and providing for an effective date" be taken up at this time. Senator Taylor moved and asked unanimous consent that the reconsideration on the bill be held to the bottom of today's calendar. Without objection, it was so ordered. SECOND READING OF HOUSE RESOLUTIONS HJR 55 CS FOR HOUSE JOINT RESOLUTION NO. 55(RES) Relating to the importance to the economy of Southeast Alaska of continued timber harvests on the Tongass National Forest, was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 4214. Without objection, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 55(RES) was adopted. SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 55(RES) was read the second time. Senator Duncan offered Amendment No. 1 : Page 2, lines 27 - 29: Delete all material. 1994-05-07 Senate Journal Page 4490 HJR 55 Page 3, line 15, following "Congress": Insert "to continue" Page 3, line 16: Delete "industry" Insert ", fishing, and tourism industries" Page 3, line 18, following "1990": Insert ", as mandated by sec. 706(b) of the Alaska National Interest Lands Conservation Act of 1980" Page 3, line 20: Delete "increase" Insert "stabilize" Page 3, line 21, following "Forest": Insert "in order to assure a long-term, stable timber industry" Page 3, line 24: Delete "the maximum" Insert "a stable" Page 3, line 25: Delete "possible under current law" Page 3, line 29: Delete "maximum" Insert "continued" Senator Duncan 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: SCS CSHJR 55(RES) Second Reading Amendment No. 1 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 1994-05-07 Senate Journal Page 4491 HJR 55 Yeas: Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 1 failed. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 55(RES) be considered engrossed, advanced to third reading and placed on final passage. Objections were heard. The question being: "Shall the resolution be advanced to third reading?" The roll was taken with the following result: SCS CSHJR 55(RES) Advance from Second to Third Reading? YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kelly, Kerttula, Lincoln, Little, Salo, Zharoff and so, the resolution failed to advance to third reading. HJR 56 CS FOR HOUSE JOINT RESOLUTION NO. 56(RES) Relating to an exemption for federal land in Alaska from the federal PACFISH management strategy, was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 4214. Without objection, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 56(RES) was adopted. SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 56(RES) was read the second time. 1994-05-07 Senate Journal Page 4492 HJR 56 Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 56(RES) be considered engrossed, advanced to third reading and placed on final passage. Objections were heard. The question being: "Shall the resolution be advanced to third reading?" The roll was taken with the following result: SCS CSHJR 56(RES) Advance from Second to Third Reading? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo, Zharoff and so, the resolution failed to advance to third reading. HCR 36 HOUSE CONCURRENT RESOLUTION NO. 36 am Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 247, relating to state leases and to state lease-purchase and lease-financing agreements, which had been held to the May 7 calendar (page 4410) was read the second time. Senator Kerttula moved and asked unanimous consent that the resolution be held to the May 8 calendar. Without objection, it was so ordered. HOUSE RESOLUTIONS IN THIRD READING HJR 43 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, which had been held in third reading on reconsideration (page 4437) was before the Senate. 1994-05-07 Senate Journal Page 4493 HJR 43 Senator Rieger moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, it was so ordered. Senator Rieger offered Amendment No. 1 : Page 1, lines 8-9: Delete "in the order provided" Senator Rieger moved for the adoption of Amendment No. 1. Senator Leman objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHJR 43(JUD) Second Reading Amendment No. 1 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Ellis, Jacko, Kerttula, Little, Pearce, Rieger, Salo, Taylor Nays: Donley, Duncan, Frank, Halford, Kelly, Leman, Lincoln, Miller, Phillips, Sharp, Zharoff and so, Amendment No. 1 failed. SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(JUD) was automatically in third reading. The question to be reconsidered: "Shall 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, pass the Senate?" The roll was taken with the following result: SCS CSHJR 43(JUD) Third Reading - On Reconsideration 1994-05-07 Senate Journal Page 4494 HJR 43 YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Halford, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Salo, Sharp, Taylor, Zharoff Nays: Adams, Jacko, Rieger and so, SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(JUD) passed the Senate on reconsideration. SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(JUD) was referred to the Secretary for engrossment. OTHER MATTERS SB 248 The following report was received and distributed at 1:55 p.m., May 7, 1994. May 7, 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 2d "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. 1994-05-07 Senate Journal Page 4495 SB 248 Fiscal notes and zero fiscal notes apply to the 2d Conference Committee Substitute. Senator Taylor moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE BILL NO. 248 2d. The question being: "Shall the CONFERENCE CS FOR SENATE BILL NO. 248 2d pass the Senate?" The roll was taken with the following result: CCSSB 248 2d Adopt Conference Committee Report? 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, CONFERENCE CS FOR SENATE BILL NO. 248 2d "An Act relating to services for and protection of vulnerable adults; and providing for an effective date" 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. The Secretary was requested to notify the House. CONFERENCE CS FOR SENATE BILL NO. 248 2d was referred to the Secretary for engrossment and enrollment. CITATIONS Honoring - Roger Huntington by Senator(s) Lincoln, Zharoff, Adams, Pearce, Duncan, Little, Kerttula, Kelly, Halford, Leman, Rieger Representative(s) Nicholia 1994-05-07 Senate Journal Page 4496 Honoring - University of Alaska Anchorage Athletes by Representative(s) Ulmer Senator(s) Zharoff, Salo, Pearce, Duncan, Lincoln, Little, Donley, Kerttula, Kelly, Halford, Leman, Rieger Honoring - Elizabeth Berry by Representative(s) Ulmer, Brice, Davies, Sitton Senator(s) Zharoff, Salo, Duncan, Lincoln, Little, Kerttula, Kelly Honoring - Karlin Itchoak, Doyon Shareholder of the Year for Education by Representative(s) Davies, Nicholia, Foster, Brice, Navarre Senator(s) Zharoff, Lincoln, Adams, Salo, Pearce, Duncan, Little, Kelly, Rieger Honoring - 1994 Nenana Ice Classic Winners by Representative(s) James Senator(s) Zharoff, Duncan, Kelly Honoring - Louise Kellogg, Wasilla Citizen of the Year, 1994 by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Zharoff, Phillips, Pearce, Duncan, Lincoln, Kelly, Leman, Rieger Honoring - Rick Luthi, Colony High School Principal by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Zharoff, Salo, Pearce, Duncan, Lincoln, Kelly Honoring - Harold DeArmoun, Wasilla Business Person of the Year, 1994 by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Zharoff, Pearce, Duncan, Kelly Honoring - Dennis Duff Wilkins and William Drake by Senator(s) Leman, Halford, Zharoff, Pearce, Duncan, Kelly Honoring - Arco Alaska, Inc. Senator(s) Kerttula, Leman, Zharoff, Adams, Pearce, Duncan, Lincoln, Little, Kelly, Taylor, Halford, Leman, Rieger 1994-05-07 Senate Journal Page 4497 Honoring - Sharon McMullen, Wasilla Educator of the Year, 1994 by Representative(s) Menard, Carney, Larson Senator(s) Kerttula, Halford, Zharoff, Salo, Pearce, Duncan, Little, Kelly, Leman Honoring - Citizen Review Panels for Permanency Planning Representative(s) Toohey Senator(s) Ellis, Zharoff, Pearce, Duncan, Little, Donley, Kelly, Rieger In Memoriam - Robert J. Zentmire by Senator(s) Little, Zharoff, Phillips, Duncan, Lincoln, Donley, Kerttula, Kelly, 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. HB 531 CS FOR HOUSE BILL NO. 531(STA) am which had been placed at the bottom of today's calendar (page 4489) was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR HOUSE BILL NO. 531(STA) am "An Act relating to the Milk Control Advisory Board, Museum Collections Advisory Committee, Alaska Workers' Compensation Board, resource development authorities, Board of Parole, railroad labor relations agency, Alaska School Activities Association, Steering Council for Alaska Lands, Rural Affairs Commission, Governor's Commission on the Involvement of Young People in Government, Yukon-Taiya Commission, environmental advisory board, Alaska Gas Pipeline Financing Authority, and Alaska Manpower Services Council; and establishing regional resource development authorities; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 531(STA) am Third Reading - On Reconsideration Effective Date YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 1994-05-07 Senate Journal Page 4498 HB 531 Yeas: Donley, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Adams, Duncan, Ellis, Lincoln, Zharoff and so, CS FOR HOUSE BILL NO. 531(STA) am passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 531(STA) am was signed by the President and Secretary and returned to the House. HB 153 Senator Taylor requested that the reconsideration on CS FOR HOUSE BILL NO. 153(JUD) am "An Act related to the awarding of special good time deductions for prisoners participating in the Point MacKenzie Rehabilitation project" be taken up at this time. UNFINISHED BUSINESS HB 47 Senator Taylor requested that the reconsideration on 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" be taken up at this time. Senator Taylor moved and asked unanimous consent that the bill be held on reconsideration to the May 8 calendar. Without objection, it was so ordered. 1994-05-07 Senate Journal Page 4499 HB 367 Senator Salo requested that the reconsideration on CS FOR HOUSE BILL NO. 367(JUD) am S "An Act relating to limitations on outdoor advertising signs, displays, and devices and penalties for violations related to outdoor advertising" be taken up at this time. Senator Salo moved and asked unanimous consent that the reconsideration on the bill be held to the May 8 calendar. Without objection, it was so ordered. HB 183 Senator Adams requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 183(TRA) "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" be taken up at this time. Senator Adams moved and asked unanimous consent that the reconsideration on the bill be held to the May 8 calendar. Without objection, it was so ordered. SJR 52 Senator Rieger requested that the reconsideration on CS FOR SENATE JOINT RESOLUTION NO. 52(RLS) Proposing amendments to the Constitution of the State of Alaska relating to the budget reserve fund, be taken up. Senator Rieger moved and asked unanimous consent that the reconsideration on the resolution be held to the May 8 calendar. Without objection, it was so ordered. HOUSE BILLS IN THIRD READING HB 153 CS FOR HOUSE BILL NO. 153(JUD) am was before the Senate in third reading on reconsideration. Senator Taylor called the Senate. The call was satisfied. 1994-05-07 Senate Journal Page 4500 HB 153 The question to be reconsidered: "Shall 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" pass the Senate?" The roll was taken with the following result: CSHB 153(JUD) AM(FLD S) Third Reading - On Reconsideration YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Lincoln, Little, Phillips, Salo, Zharoff Kerttula changed from "Nay" to "Yea". and so, CS FOR HOUSE BILL NO. 153(JUD) am passed the Senate on reconsideration. Senator Taylor moved the effective date clauses. Senator Duncan objected. Senator Duncan moved that the vote on the effective date clauses be divided as follows: Part A, that being Section 5 and Part B, that being Section 6. President Halford stated the effective dates were divisible. Senator Duncan moved and asked unanimous consent that his motion be withdrawn. Without objection, it was so ordered. 1994-05-07 Senate Journal Page 4501 HB 153 The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: CSHB 153(JUD) AM Effective Date Vote YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Zharoff and so, the effective date clauses failed. CS FOR HOUSE BILL NO. 153(JUD) am(efd fld S) was referred to the Secretary for engrossment. UNFINISHED BUSINESS HB 54 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on CS FOR HOUSE BILL NO. 54(L&C) "An Act relating to telephone caller identification; and providing for an effective date." Without objection, it was so ordered. CS FOR HOUSE BILL NO. 54(L&C) was referred to the Rules Committee. SB 87 Senator Kelly moved and asked unanimous consent that SENATE BILL NO. 87 "An Act extending the termination date of the Alaska Public Utilities Commission to June 30, 1994" be withdrawn. President Halford ruled the motion out of order. Senator Kelly moved and asked unanimous consent that the bill be returned to the Finance Committee. Without objection, it was so ordered. 1994-05-07 Senate Journal Page 4502 SB 87 SENATE BILL NO. 87 was taken from the Rules Committee and referred to the Finance Committee. President Halford stated he would also add Judiciary, Labor and Commerce and Community and Regional Affairs Committee referrals to the bill. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 319 SENATE BILL NO. 319 "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers; and permitting municipalities to install `drug-free recreation and youth center zone' signs" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 372 CS FOR SENATE BILL NO. 372(FIN) am "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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HJR 43 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 engrossed, signed by the President and Secretary and returned to the House for consideration. HB 153 CS FOR HOUSE BILL NO. 153(JUD) am(efd fld S) "An Act related to the awarding of special good time deductions for prisoners participating in the Point MacKennzie Rehabilitation project" was engrossed, signed by the President and Secretary and returned to the House. 1994-05-07 Senate Journal Page 4503 ADJOURNMENT Senator Taylor moved and asked unanimous consent that the Senate stand in adjournment until 2:00 p.m., May 8, 1994. Without objection, the Senate adjourned at 10:44 p.m. Nancy Quinto Secretary of the Senate May 1994 1994-05-07 Senate Journal Page 4504 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 FINANCE SENATE FINANCE 518 MAY 08 SUNDAY 1:00 PM ** NOTE TIME CHANGE ** PREVIOUSLY SCHEDULED: HB 201 MENTAL HEALTH TRUST AMENDMENTS HB 494 ALASKA PENSION INVESTMENT AUTHORITY NEW BILLS: HB 447 ESTABLISH AFOGNAK ISLAND STATE PARK HB 212 SENTENCING:AGGRAVATING FACTORS SB 223 TAX CREDIT: GIFTS TO PUBLIC BROADCASTING HB 371 APPROP:MENTAL HEALTH TRUST FUND SB 191 MUNICIPAL PROPERTY TAX LIMITATIONS HB 334 SENTENCING;3RD SERIOUS FELONY OFFENDER ---------------------------------------- JUDICIARY FAHRENKAMP 203 MAY 09 MONDAY 9:00 AM ** NOTE TIME AND LOCATION CHANGES ** BILLS PREVIOUSLY HEARD CONFIRMATION HEARING: BRUCE BOTELHO AS ATTORNEY GENERAL ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAY 08 SUNDAY 1:00 PM RULES CONFERENCE COMMITTEE ON HB 370 SENATE FINANCE 518 MAY 08 SUNDAY 3:00 PM HB 370 APPROP: FY 95 OPERATING AND LOAN BUDGET 1994-05-07 Senate Journal Page 4505 JOINT SESSION HOUSE CHAMBER MAY 09 MONDAY 2:00 PM CONFIRMATION OF GOVERNOR'S APPOINTMENTS