Legislature(1993 - 1994)
1994-05-16 Senate Journal
Full Journal pdf1994-05-16 Senate Journal Page 4745 SENATE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE - FIRST SPECIAL SESSION Juneau, Alaska Monday May 16, 1994 Seventh Day Pursuant to adjournment the Senate was called to order by President Halford at 11:31 a.m. The roll showed sixteen members present. Senator Salo was excused from a call of the Senate. Senators Adams, Rieger, Taylor were absent. The prayer was offered by the Chaplain, Senator Miller. Senator Pearce led the Senate in the pledge of allegiance. CERTIFICATION Senator Duncan moved and asked unanimous consent that the journal for the fourth, fifth and sixth legislative days of the First Special Session be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 141 Governor's letter dated May 10: Dear Mr. President: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: 1994-05-16 Senate Journal Page 4746 SB 141 HOUSE CS FOR CS FOR SENATE BILL NO. 141 (FIN) "An Act relating to workers' compensation coverage for certain high school students in uncompensated work-study programs." I support educational programs that provide appropriate work experience for high school students and other programs designed to make the school-to-work transition more successful. However, one of my highest priorities has been, and continues to be, the provision of safe and adequate educational facilities. School districts have direct control over the safety of educational facilities. By providing immunity from liability, this legislation eliminates the incentive for the school district and the employer to provide a safe work experience for students. Although some high risk work environments may be safe for adults who have the proper training and experience, without special consideration, the same workplace may not be safe for a young untrained student. Only the sponsoring school district and the employer can make that determination. The state should not be part of these decisions, nor bear any financial responsibility for the outcome, other than providing state aid for public schools. Expenses related to insurance options and other methods of transferring risk are part of prudent resource management and are allowable expenses of public school districts. Workers' compensation insurance coverage for volunteers and uncompensated work experience students may be the least expensive insurance option available to the school districts. The state provides general oversight of the public school system and most of the financial support by way of the public school foundation program. The foundation program provides funds for the basic K-12 program, as well as supplementary funds for vocational education and work experience programs. The cost of placing students in work experience programs is part of the cost of providing an appropriate educational program and should be paid with dollars provided for that purpose. In recognition of local control of educational program options and individual course offerings, the state should not determine the placement of work experience students nor carry the financial responsibility for those placements. 1994-05-16 Senate Journal Page 4747 SB 141 It is my hope that the Legislature and the Department of Education can work cooperatively to develop legislation which addresses the concerns of potential employers and serves to expand appropriate placement opportunities for students without putting the students at unreasonable risk. Resources available through the foundation program are adequate to fund appropriate educational programs. Sincerely, /s/ Walter J. Hickel Governor HB 69 Message of May 12 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CONFERENCE CS FOR HOUSE BILL NO. 69 "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." Chapter 41, SLA 1994 Effective Date: See Chapter HB 453 Message of May 12 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 453(FIN) "An Act establishing, for purposes of the levy and collection of the motor fuel tax and for a limited period, a different tax levy on residual fuel oil used in and on certain watercraft; and providing for an effective date." Chapter 42, SLA 1994 Effective Date: 5/13/94 1994-05-16 Senate Journal Page 4748 HB 531 Message of May 15 was received, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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 providing for an effective date." Chapter 43, SLA 1994 Effective Date: 5/16/94 The presence of Senator Rieger was noted. Senator Halford announced a joint caucus, upon recess, in the Butrovich Room, Capitol 205. RECESS Senator Rieger moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 11:47 a.m. AFTER RECESS The Senate reconvened at 3:48 p.m. The presence of Senator Taylor was noted. 1994-05-16 Senate Journal Page 4749 MESSAGES FROM THE HOUSE HJR 43 Message of May 10 was received, stating the House adopted the Conference Committee report with limited powers of free conference considering CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to the rights of crime victims, and 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, thus passing: CONFERENCE CS FOR HOUSE JOINT RESOLUTION NO. 43 Proposing amendments to the Constitution of the State of Alaska relating to the rights of victims of crimes and to criminal administration. HB 254 Message of May 10 was received, stating the House adopted the Conference Committee report with limited powers of free conference considering CS FOR HOUSE BILL NO. 254(JUD) am(ct rule fld) and SCS FOR CS FOR HOUSE BILL NO. 254(RLS) am S, thus passing: CONFERENCE CS FOR HOUSE BILL NO. 254 "An Act relating to open meetings of governmental bodies; and providing for an effective date." HB 407 Message of May 9 was received, stating the House adopted the Conference Committee report with limited powers of free conference considering 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", thus passing: 1994-05-16 Senate Journal Page 4750 HB 407 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." HCR 31 Message of May 10 was received, stating the House concurred in the Senate amendment to HOUSE CONCURRENT RESOLUTION NO. 31, thus passing: HOUSE CONCURRENT RESOLUTION NO. 31 am S Relating to Alcohol-Related Birth Defects Awareness Week. HJR 55 Message of May 10 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE JOINT RESOLUTION NO. 55(RES), thus passing: SENATE CS FOR 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. HJR 56 Message of May 10 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE JOINT RESOLUTION NO. 56(RES), thus passing: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 56(RES) Relating to an exemption for federal land in Alaska from the federal PACFISH management strategy. HB 71 Message of May 10 was received, stating the House concurred in the Senate amendment to HOUSE BILL NO. 71, thus passing: 1994-05-16 Senate Journal Page 4751 HB 71 HOUSE BILL NO. 71 am S "An Act relating to the involuntary dissolution of Native corporations; and providing for an effective date." HB 221 Message of May 10 was received, stating the House concurred in the Senate amendment to HOUSE BILL NO. 221, thus passing: SENATE CS FOR HOUSE BILL NO. 221(L&C) "An Act relating to workers' compensation for volunteer ambulance attendants, police officers, and fire fighters; and providing for an effective date." HB 249 Message of May 10 was read, stating the House concurred in the Senate amendments to CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(STA) am "An Act reestablishing the Board of Electrical Examiners and extending the termination date of the Board of Mechanical Examiners; relating to electrical and mechanical administrators; and providing for an effective date", thus passing: SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 249(RLS) am S "An Act relating to electrical and mechanical administrators; and providing for an effective date." (title change authorized by SCR 25) HB 259 Message of May 10 was received, stating the House concurred in the Senate amendment to HOUSE BILL NO. 259(title am), thus passing: SENATE CS FOR HOUSE BILL NO. 259(CRA) "An Act relating to general grant land entitlements for the Lake and Peninsula Borough; and providing for an effective date." HB 319 Message of May 10 was received, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 319(FIN), thus passing: 1994-05-16 Senate Journal Page 4752 HB 319 SENATE CS FOR CS FOR HOUSE BILL NO. 319(JUD) am S "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." HB 342 Message of May 10 was received, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 342(FIN) am, thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 342(FIN) "An Act relating to the Alaska Tourism Marketing Council; increasing to at least 25 percent the share of the council's expenses that must be paid through contributions by an association that contracts to jointly manage the council; requiring disclosures in promotions on board tourism cruise ships; and providing for an effective date." HB 347 Message of May 10 was received, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 347(FIN), thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 347(STA) am S "An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions." HB 397 Message of May 10 was received, stating the House concurred in the Senate amendment to CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(FIN), thus passing: 1994-05-16 Senate Journal Page 4753 HB 397 SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 397(JUD) "An Act relating to the power to levy property taxes in second class cities." HB 218 Message of May 13 was received, stating the House failed the effective date on the following and it is transmitted for signature: CS FOR HOUSE BILL NO. 218(FSH)(efd fld) "An Act relating to the maximum length of salmon seine vessels." CS FOR HOUSE BILL NO. 218(FSH)(efd fld) was signed by the President and Secretary and returned to the House. SCR 24 Message of May 10 was received, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 24 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 538, relating to billing and payment for health care services. SENATE CONCURRENT RESOLUTION NO. 24 was referred to the Secretary for enrollment. SCR 25 Message of May 10 was received, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 25 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 249, relating to electrical and mechanical administrators. SENATE CONCURRENT RESOLUTION NO. 25 was referred to the Secretary for enrollment. 1994-05-16 Senate Journal Page 4754 SB 135 Message of May 11 was received, stating the House passed and returned: CS FOR SENATE BILL NO. 135(FIN) "An Act making a special appropriation to the Department of Transportation and Public Facilities to determine the cost of acquiring real property within the right-of-way of the proposed extension of the Alaska Railroad from Eielson Air Force Base to the Alaska-Canada border; and providing for an effective date." CS FOR SENATE BILL NO. 135(FIN) was referred to the Secretary for enrollment. SB 190 Message of May 16 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 190(FIN) am with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 190(STA) "An Act relating to income withholding and other methods of enforcement for orders of support; relating to medical support orders; amending Alaska Rule of Civil Procedure 90.3(d); and providing for an effective date." with a Legislative Letter of Intent. 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. 190(FIN) am?" The roll was taken with the following result: 1994-05-16 Senate Journal Page 4755 SB 190 HCS CSSB 190(STA) Shall the Senate Concur in the House Amendment to CSSB 190(FIN) am? Court Rule and Effective Date YEAS: 17 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Donley, Duncan, Ellis, Frank, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Halford Excused: Salo Absent: Adams and so, the Senate concurred in the House amendment, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 190(STA) "An Act relating to income withholding and other methods of enforcement for orders of support; relating to medical support orders; amending Alaska Rule of Civil Procedure 90.3(d); 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 court rule change. 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 effective date clause. Without objection, it was so ordered. The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 190(STA) was referred to the Secretary for enrollment. 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: 1994-05-16 Senate Journal Page 4756 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." 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. 363(FIN) am?" The roll was taken with the following result: HCS CSSB 363(FIN) Shall the Senate Concur in the House Amendment to CSSB 363(FIN) am Effective Date YEAS: 10 NAYS: 8 EXCUSED: 1 ABSENT: 1 Yeas: Frank, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Donley, Duncan, Ellis, Halford, Kerttula, Lincoln, Little, Zharoff Excused: Salo Absent: Adams Halford changed from "Yea" to "Nay". and so, the Senate failed to concurred in the House amendment. HB 201 Message of May 15 was read, stating the House failed to concur in the Senate amendment to CS FOR HOUSE BILL NO. 201(FIN) am and respectfully requests the Senate to recede from its amendment, namely: 1994-05-16 Senate Journal Page 4757 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." Senator Taylor moved that the Senate recede from its amendment and recommended the body vote no. The question being: "Shall the Senate recede from its amendment to CS FOR HOUSE BILL NO. 201(FIN) am?" The roll was taken with the following result: SCS CSHB 201(FIN) Shall the Senate Recede from its Amendment to CSHB 201(FIN) am? YEAS: 0 NAYS: 18 EXCUSED: 1 ABSENT: 1 Nays: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Excused: Salo Absent: Adams and so, the Senate failed to recede from its amendment. The Secretary was requested to notify the House. HB 371 Message of May 15 was read, stating the House failed to concur in the Senate amendment to CS FOR HOUSE BILL NO. 371(FIN) am "An Act making appropriations to capitalize the mental health trust fund from the balance of the mental health trust income account on 1994-05-16 Senate Journal Page 4758 HB 371 June 30, 1995, mental health trust income of the Department of Natural Resources in the general fund, and earnings reserve account; making an appropriation to the mental health trust income account from the net income earned by the mental health trust fund; and providing for an effective date" and respectfully requests the Senate to recede from its amendment, namely: 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." Senator Taylor moved that the Senate recede from its amendment and recommended the body vote no. The question being: "Shall the Senate recede from its amendment to CS FOR HOUSE BILL NO. 371(FIN) am?" The roll was taken with the following result: SCS CSHB 371(FIN) Shall the Senate Recede from its Amendment to CSHB 371(FIN) am? YEAS: 0 NAYS: 18 EXCUSED: 1 ABSENT: 1 Nays: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Excused: Salo Absent: Adams 1994-05-16 Senate Journal Page 4759 HB 371 and so, the Senate failed to recede from its amendment. The Secretary was requested to notify the House. SB 363 Senator Taylor moved that the Senate rescind its previous action in failing to concur in the House amendment to 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." The question being: "Shall the Senate rescind its previous action in failing to concur in the House amendment to CS FOR SENATE BILL NO. 363(FIN) am?" The roll was taken with the following result: HCS CSSB 363(FIN) Rescind Previous Action in failing to concur YEAS: 15 NAYS: 3 EXCUSED: 1 ABSENT: 1 Yeas: Duncan, Ellis, Frank, Halford, Jacko, Kelly, Leman, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Donley, Kerttula, Lincoln Excused: Salo Absent: Adams and so, the Senate rescinded its previous action. The question being: "Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 363(FIN) am?" The roll was taken with the following result: HCS CSSB 363(FIN) Shall the Senate Concur in the House Amendment to CSSB 363(FIN) am 1994-05-16 Senate Journal Page 4760 SB 363 YEAS: 12 NAYS: 6 EXCUSED: 1 ABSENT: 1 Yeas: Duncan, Frank, Jacko, Kelly, Leman, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Donley, Ellis, Halford, Kerttula, Lincoln, Zharoff Excused: Salo Absent: Adams and so, the Senate concurred in the House amendment, thus passing 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." 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: HCS CSSB 363(FIN) Effective Date Vote YEAS: 18 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Donley, Duncan, Ellis, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Excused: Salo Absent: Adams and so, the effective date clause was adopted. The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 363(FIN) was referred to the Secretary for enrollment. 1994-05-16 Senate Journal Page 4761 CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 441 CS FOR HOUSE BILL NO. 441(FIN) am "An Act making, amending, and repealing capital and operating appropriations; and providing for an effective date" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 4625. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 441(FIN) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 441(FIN) was read the second time. Senators Pearce, Kerttula offered Amendment No. 1 : Page 10, line 11: Delete "The" Insert "Except as provided in sec. 82 of this Act, the" Page 10, line 26: Delete "The" Insert "Except as provided in sec. 82 of this Act, the" Page 21, line 23: Delete "The" Insert "(a) The unexpended and unobligated balance, not to exceed $500,000, from that portion of the appropriation made in sec. 38, ch. 65, SLA 1993, page 44, line 26, that is allocated on page 44, line 28 (Legislative Finance - $3,949,800) and identified for use by the Senate Finance Committee, is reappropriated to the Department of Community and Regional Affairs for municipal assistance and revenue sharing for the fiscal year ending June 30, 1995. (b) The unexpended and unobligated balance, not to exceed $300,000, of the appropriation made in sec. 38, ch. 65, SLA 1993, page 45, line 14 (Legislative operating budget - $5,000,000) and identified for use by the senate leadership, is reappropriated to the Department of Community and Regional Affairs for municipal assistance and revenue sharing for the fiscal year ending June 30, 1995. 1994-05-16 Senate Journal Page 4762 HB 441 (c) Subject to (d) of this section, the" Page 21, after line 28: Insert a new subsection to read: "(d) If the unexpended and unobligated balance of the 1977, 1979, and 1981 - 1989 capital appropriations contained in the document described in (c) of this section plus the amounts reappropriated under (a) and (b) of this section does not equal or exceed $3,636,100, the unexpended and unobligated balance of the 1990 capital appropriations contained in the document are reappropriated to the Department of Community and Regional Affairs for municipal assistance and revenue sharing for the fiscal year ending June30, 1995, in descending order on the list until the total amount reappropriated under this section equals $3,636,100. However, the capital appropriation described as "SLA 1990, ch. 208, DCRA Headstart Fac and Prog" may not be reappropriated under this section." Senator Pearce moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Pearce offered Amendment No. 2 : Add a new section: "Sec. __The lapse date on the appropriation made in section 6(b), page 6, chapter 14, SLA 1994 is extended to June 30, 1995." Senator Pearce moved and asked unanimous consent for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. Senator Pearce offered Amendment No. 3 : Page 10, line 11: Delete "The" Insert "Except as provided in sec.83 of this Act, the" Page 10, line 26: Delete "The" Insert "Except as provided in sec.83 of this Act, the" 1994-05-16 Senate Journal Page 4763 HB 441 Page 21, lines 29 - 31: Delete "not to exceed $100,000, of the appropriation made in sec.141, ch.208, SLA 1990, page 107, line 9 (Alaska Psychiatric Institute interim repairs - $1,809,000) is" Insert "not to exceed $50,000, from that portion of the appropriation made in sec.38, ch.65, SLA 1993, page44, line26, that is allocated on page44, line28 (Legislative Finance - $3,949,800) and identified for use by the Senate Finance Committee and the unexpended and unobligated balance, not to exceed $50,000, of the appropriation made in sec.38, ch.65, SLA 1993, page 45, line 14 (Legislative operating budget - $5,000,000) and identified for use by the senate leadership, are" Senator Pearce moved for the adoption of Amendment No. 3. Without objection, Amendment No. 3 was adopted. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 441(FIN) am S be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 441(FIN) am S was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 441(FIN) am S "An Act making, amending, and repealing capital and operating appropriations; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 441(FIN) am S Third Reading - Final Passage Effective Date 1994-05-16 Senate Journal Page 4764 HB 441 YEAS: 14 NAYS: 4 EXCUSED: 1 ABSENT: 1 Yeas: Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Donley, Ellis, Little, Zharoff Excused: Salo Absent: Adams and so, SENATE CS FOR CS FOR HOUSE BILL NO. 441(FIN) am S passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Taylor gave notice of reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 441(FIN) am S and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered. HOUSE BILLS IN THIRD READING HB 441 SENATE CS FOR CS FOR HOUSE BILL NO. 441(FIN) 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. 441(FIN) am S "An Act making, amending, and repealing capital and operating appropriations; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 441(FIN) am S Third Reading - On Reconsideration Effective Date 1994-05-16 Senate Journal Page 4765 HB 441 YEAS: 15 NAYS: 3 EXCUSED: 1 ABSENT: 1 Yeas: Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Donley, Ellis, Little Excused: Salo Absent: Adams and so, SENATE CS FOR CS FOR HOUSE BILL NO. 441(FIN) am S 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. 441(FIN) am S was referred to the Secretary for engrossment. HB 455 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" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 4626. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 455(FIN) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 455(FIN) was read the second time. Senators Frank, Rieger offered Amendment No. 1 : Page 5, line 9: Delete "31,281,400" Insert "31,481,400" Delete "16,953,900" Insert "17,153,900" 1994-05-16 Senate Journal Page 4766 HB 455 Page 5, line 14: Delete "16,292,400" Insert "16,492,400" Page 5, line 16: Delete "$108,300" Insert "$254,150" Page 5, line 18, after "related to": Insert "certification deficiencies and" Page 14, after line 24: Insert a new bill section to read: "* Sec. 62. (a) Section 38, ch. 65, SLA 1993, page 17, line 34 is amended to read: Appropriation General Other Items Fund Funds Assistance Payments 167,744,500 95,634,500 72,110,000 [169,744,500] [96,634,500] [73,110,000] (b) Section 38, ch. 65, SLA 1993, page 17, lines 35 - 36 is amended to read: Allocations Aid to Families with Dependent Children 127,434,800 [129,434,800]" Renumber the following bill section accordingly. Senator Rieger moved for the adoption of Amendment No. 1. Senator Kerttula objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 455(FIN) am S be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 455(FIN) am S was read the third time. 1994-05-16 Senate Journal Page 4767 HB 455 The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 455(FIN) am S "An Act making and amending operating and capital appropriations and ratifying certain state expenditures; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 455(FIN) am S Third Reading - Final Passage Effective Date YEAS: 15 NAYS: 3 EXCUSED: 1 ABSENT: 1 Yeas: Duncan, Frank, Halford, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Rieger, Sharp, Taylor, Zharoff Nays: Donley, Ellis, Phillips Excused: Salo Absent: Adams and so, SENATE CS FOR CS FOR HOUSE BILL NO. 455(FIN) am S passed the Senate. Senator Taylor moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Taylor gave notice of reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 455(FIN) am S and moved and asked unanimous consent that it be taken up at this time. Senator Taylor moved and asked unanimous consent that his motion be withdrawn. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 455(FIN) am S was referred to the Secretary for engrossment. 1994-05-16 Senate Journal Page 4768 ENGROSSMENT HB 441 SENATE CS FOR CS FOR HOUSE BILL NO. 441(FIN) am S "An Act making, amending, and repealing capital and operating appropriations; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 455 SENATE CS FOR CS FOR HOUSE BILL NO. 455(FIN) am S "An Act making and amending operating and capital appropriations and ratifying certain state expenditures; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. ENROLLMENT SCR 24 SENATE CONCURRENT RESOLUTION NO. 24 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 538, relating to billing and payment for health care services, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:40 a.m., May 16, 1994. SCR 25 SENATE CONCURRENT RESOLUTION NO. 25 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 249, relating to electrical and mechanical administrators, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:40 a.m., May 16, 1994. 1994-05-16 Senate Journal Page 4769 SB 101 HOUSE CS FOR CS FOR SENATE BILL NO. 101(FIN) "An Act relating to interim assistance under the adult public assistance program; requiring the Department of Health and Social Services to consult with the Department of Education in order to develop an application process and disability determination system to implement the adult public assistance program" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:40 a.m., May 16, 1994. SB 132 HOUSE CS FOR CS FOR SENATE BILL NO. 132(RES) "An Act relating to loans for the purchase of individual fishery quota shares; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:40 a.m., May 16, 1994. SB 135 CS FOR SENATE BILL NO. 135(FIN) "An Act making a special appropriation to the Department of Transportation and Public Facilities to determine the cost of acquiring real property within the right-of-way of the proposed extension of the Alaska Railroad from Eielson Air Force Base to the Alaska-Canada border; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:40 a.m., May 16, 1994. SB 227 SENATE BILL NO. 227 "An Act relating to terminal rental adjustment clauses for motor vehicles and trailers" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:40 a.m., May 16, 1994. 1994-05-16 Senate Journal Page 4770 SB 240 HOUSE CS FOR CS FOR SENATE BILL NO. 240(CRA) "An Act relating to an optional municipal tax exemption for student housing for the University of Alaska" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:40 a.m., May 16, 1994. SB 247 HOUSE CS FOR CS FOR SENATE BILL NO. 247(FIN) am H "An Act making subject to prior legislative approval contracts entered into or renewed by the executive branch of state government, the legislative council, the Alaska Court System, and, with certain exceptions, the University of Alaska for the lease of real property if the lease has an annual rent payable that is anticipated to exceed $500,000 or has total payments that exceed $2,500,000 for the term of the lease, including any renewal options that are defined in the lease; prohibiting these entities from entering into or renewing a lease of real property if any or all renewal periods in the lease exceed the original term of the lease; making subject to prior legislative approval lease-purchase agreements that may be entered into by these entities to acquire real property, other than lease-purchase agreements to refinance outstanding balances on existing lease-purchase agreements and lease-purchase agreements secured by University of Alaska student fees and university receipts; authorizing these entities to enter into lease-purchase agreements only in the capacity of lessee under the proposed lease-purchase agreement; defining procedures that these entities must follow when considering whether or not to enter into lease-purchase agreements, setting limits on the duration of these agreements; and providing definitions for applicable terms; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:40 a.m., May 16, 1994. 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 enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:40 a.m., May 16, 1994. 1994-05-16 Senate Journal Page 4771 SB 342 HOUSE CS FOR CS FOR SENATE BILL NO. 342(STA) "An Act relating to risk based capital for insurers; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 10:40 a.m., May 16, 1994. ADJOURNMENT Senator Ellis moved and asked unanimous consent that the Senate adjourn sine die. Without objection, the Senate adjourned at 4:36 p.m. Nancy Quinto Secretary of the Senate May 1994