Legislature(1993 - 1994)
1994-05-11 Senate Journal
Full Journal pdf1994-05-11 Senate Journal Page 4721 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SPECIAL SESSION Juneau, Alaska Wednesday May 11, 1994 Second Day Pursuant to adjournment and in accordance with the Governor's Proclamation (page 4714), President Halford called the First Special Session of the Eighteenth Alaska State Senate to order at 11:06 a.m. The roll showed thirteen members present. Senators Frank, Jacko, Kelly, Leman, Lincoln Rieger, Salo were absent. The prayer was offered by the Chaplain, Senator Taylor. Senator Taylor moved and asked unanimous consent that the prayers for May 10 and May 11 be spread. Without objection, it was so ordered. Prayer by Senator Taylor, May 10, 1994: Father, when we feel alone and burdened, let us feel Your gentle touch. Be with us this day as we make decisions that involve those who trust us. Teach us that marvelous lesson that it is very possible we may be mistaken occasionally. When we are wrong, make us willing to admit it and when we are right, make us easy to live with. Amen. Prayer by Senator Taylor, May 11, 1994: God grant me the serenity to accept those things we cannot change, the courage to change those things that we can and the wisdom to know the difference. Amen. Senator Duncan led the Senate in the pledge of allegiance. 4721 1994-05-11 Senate Journal Page 4722 The presence of Senators Rieger, Leman was noted. CERTIFICATION Senator Taylor moved and asked unanimous consent that the journal for the one hundred twentieth legislative day of the Second Session of the Eighteenth State Legislature be approved as certified by the Secretary. Without objection, it was so ordered. 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 11:10 a.m. AFTER RECESS The Senate reconvened at 5:00 p.m. RECESS Senator Taylor moved and asked unanimous consent that the Senate stand in recess for the purpose of a joint caucus. Without objection, the Senate recessed at 5:01 p.m. AFTER RECESS The Senate reconvened at 5:35 p.m. MESSAGES FROM THE HOUSE SB 363 Message of May 10 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 363(FIN) am with the following amendment: 1994-05-11 Senate Journal Page 4723 SB 363 HOUSE CS FOR CS FOR SENATE BILL NO. 363(FIN) "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." President Halford stated the message would be held on the Secretary's desk. Senator Taylor moved and asked unanimous consent that today's calendar be approved. Without objection, it was so ordered. CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 441 Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 441(FIN) am "An Act making, amending, and repealing capital and operating appropriations; and providing for an effective date" be placed at the bottom of today's calendar. Without objection, it was so ordered. HB 455 Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 455(FIN) am "An Act making and amending operating and capital appropriations and ratifying certain state expenditures; and providing for an effective date" be placed at the bottom of today's calendar. Without objection, it was so ordered. HOUSE BILLS IN THIRD READING HB 201 SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN) was before the Senate in third reading on reconsideration. 1994-05-11 Senate Journal Page 4724 HB 201 The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN) "An Act relating to the mental health land trust and the mental health land trust litigation, Weiss v. State, 4FA-82-2208 Civil, and amending and repealing other laws relating to mental health institutions, programs, and services that are affected by ch. 66, SLA 1991; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 201(FIN) Third Reading - On Reconsideration Effective Date YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Absent: Adams and so, SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN) passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN) was referred to the Secretary for engrossment. HB 371 SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN) was before the Senate in third reading on reconsideration. 1994-05-11 Senate Journal Page 4725 HB 371 The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN) "An Act making appropriations to capitalize the mental health trust fund from the balance of the mental health trust income account on June 30, 1995, mental health trust income of the Department of Natural Resources in the general fund, proceeds from sale of Department of Natural Resources land sale contract portfolio, and constitutional budget reserve fund; making an appropriation from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 371(FIN) Third Reading - On Reconsideration Effective Date YEAS: 16 NAYS: 3 EXCUSED: 0 ABSENT: 1 Yeas: Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Donley, Lincoln, Phillips Absent: Adams Kerttula changed from "Nay" to "Yea". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN) passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the budget reserve fund sections. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN) was referred to the Secretary for engrossment. 1994-05-11 Senate Journal Page 4726 HB 454 Senator Taylor moved and asked unanimous consent that the Senate take up 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." Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the Senate return to second reading for the purpose of rescinding action. Without objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the Senate rescind its previous action in adopting the Rules Senate Committee Substitute. Without objection, the Senate rescinded its previous action. Senator Taylor moved and asked unanimous consent to withdraw the Rules Senate Committee Substitute. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 454(FIN) was automatically in third reading. The question to be reconsidered: "Shall CS FOR HOUSE BILL NO. 454(FIN) "An Act making a supplemental appropriation to the Department of Law to pay costs of certain continuing legal proceedings; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 454(FIN) Third Reading - On Reconsideration Effective Date YEAS: 15 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Little, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Donley, Leman, Lincoln, Phillips 1994-05-11 Senate Journal Page 4727 HB 454 Absent: Adams and so, CS FOR HOUSE BILL NO. 454(FIN) passed the Senate on reconsideration. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 454(FIN) was signed by the President and Secretary and returned to the House. HB 370 Senator Taylor moved that the Senate adopt the Conference Committee Report (page 4562) on CONFERENCE CS FOR HOUSE BILL NO. 370 "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." The question being: "Shall CONFERENCE CS FOR HOUSE BILL NO. 370 pass the Senate?" The roll was taken with the following result: CCS HB 370 Adopt Conference Committee Report? YEAS: 12 NAYS: 7 EXCUSED: 0 ABSENT: 1 Yeas: Frank, Halford, Jacko, Kelly, Kerttula, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Donley, Duncan, Ellis, Lincoln, Little, Salo, Zharoff Absent: Adams 1994-05-11 Senate Journal Page 4728 HB 370 and so, CONFERENCE CS FOR HOUSE BILL NO. 370 "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; 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 370 Effective Date Vote YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Absent: Adams and so, the effective date clause was adopted. Senator Taylor moved the budget reserve fund sections. The question being: "Shall the budget reserve sections be adopted?" The roll was taken with the following result: CCS HB 370 Budget Reserve Sections YEAS: 15 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Little, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Donley, Ellis, Lincoln, Phillips Absent: Adams and so, the budget reserve sections were adopted. 1994-05-11 Senate Journal Page 4729 HB 370 The Secretary was requested to notify the House. HB 441 Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 441(FIN) am "An Act making, amending, and repealing capital and operating appropriations; and providing for an effective date" be held to the May 12 calendar. Without objection, it was so ordered. HB 455 Senator Taylor moved and asked unanimous consent that CS FOR HOUSE BILL NO. 455(FIN) am "An Act making and amending operating and capital appropriations and ratifying certain state expenditures; and providing for an effective date" be held to the May 12 calendar. Without objection, it was so ordered. 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 6:51 p.m. AFTER RECESS The Senate reconvened at 10:21 p.m. ENGROSSMENT HB 201 SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN) "An Act relating to the mental health land trust and the mental health land trust litigation, Weiss v. State, 4FA-82-2208 Civil, and amending and repealing other laws relating to mental health institutions, programs, and services that are affected by ch. 66, SLA 1991; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. 1994-05-11 Senate Journal Page 4730 HB 371 SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN) "An Act making appropriations to capitalize the mental health trust fund from the balance of the mental health trust income account on June 30, 1995, mental health trust income of the Department of Natural Resources in the general fund, proceeds from sale of Department of Natural Resources land sale contract portfolio, and constitutional budget reserve fund; making an appropriation from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska; 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 10:00 a.m., May 12, 1994. Without objection, the Senate adjourned at 10:22 p.m. Nancy Quinto Secretary of the Senate May 1994