Legislature(1995 - 1996)

1995-04-10 Senate Journal

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1995-04-10                     Senate Journal                      Page 0947
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                     NINETEENTH LEGISLATURE - FIRST SESSION                    
                                                                               
                                                                               
Juneau, Alaska                       Monday             April 10, 1995         
                                                                               
                                Eighty-fifth Day                               
                                                                               
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 11:56 a.m.                                                           
                                                                               
The roll showed nineteen members present.  Senator Ellis was                   
absent.                                                                        
                                                                               
The prayer was offered by the Chaplain, Senator Leman.  Senator                
Leman read a prayer by Pastor Jon Paden of the Juneau Church of                
Christ.                                                                        
                                                                               
Senator Donley led the Senate in the pledge of allegiance.                     
                                                                               
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Halford moved and asked unanimous consent that the                     
journals for the eighty-second, eighty-third and eighty-fourth                 
legislative days and Senate Journal Supplement No. 5 be approved               
as certified by the Secretary.  Without objection, it was so ordered.          
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
SCR 6                                                                        
Message of April 7 was read, stating the Governor read the                     
following resolution and transmitted the engrossed and enrolled                
copies to the Lieutenant Governor's Office for permanent filing:               
                                                                               
                                                                               
                                      947                                      

1995-04-10                     Senate Journal                      Page 0948
SCR 6                                                                        
SENATE CONCURRENT RESOLUTION NO. 6                                            
Strongly urging the Governor to continue the lawsuit                          
known as State of Alaska v. Babbitt, C.A. No.                                  
94-35480, and to pursue the State of Alaska's                                  
position that the United States Secretary of the                               
Interior and Secretary of Agriculture do not have                              
the authority to assume management of fish and                                 
wildlife on public land in the State of Alaska.                                
                                                                               
		Legislative Resolve No. 1                                                    
                                                                               
SCR 7                                                                        
Message of April 7 was read, stating the Governor read the                     
following resolution and transmitted the engrossed and enrolled                
copies to the Lieutenant Governor's Office for permanent filing:               
                                                                               
SENATE CONCURRENT RESOLUTION NO. 7                                            
Establishing February 12 - 18 as Peaceful Solutions                           
Week.                                                                          
                                                                               
		Legislative Resolve No. 2                                                    
                                                                               
SJR 7                                                                        
Message of April 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:               
                                                                               
HOUSE CS FOR SENATE JOINT RESOLUTION                                          
NO. 7(STA)                                                                     
Relating to mandates imposed on the states by the                             
federal government.                                                            
                                                                               
		Legislative Resolve No. 3                                                    
                                                                               
SCR 4                                                                        
Message of April 7 was read, stating the Governor read the                     
following resolution and transmitted the engrossed and enrolled                
copies to the Lieutenant Governor's Office for permanent filing:               
                                                                               
                                                                               

1995-04-10                     Senate Journal                      Page 0949
SCR 4                                                                        
SENATE CONCURRENT RESOLUTION NO. 4                                            
Naming the Poet Laureate of Alaska.                                           
                                                                               
		Legislative Resolve No. 9                                                    
                                                                               
HJR 27                                                                       
Message of April 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:               
                                                                               
HOUSE JOINT RESOLUTION NO. 27 am                                              
Requesting the United States Congress to                                      
accommodate Alaska's wetlands circumstances in the                             
federal Clean Water Act reauthorization by                                     
increasing statutory flexibility on wetlands use in                            
Alaska, and to recognize Alaska's unique and                                   
outstanding history of wetlands conservation.                                  
                                                                               
		Legislative Resolve No. 10                                                   
                                                                               
HCR 8                                                                        
Message of April 7 was read, stating the Governor read the                     
following resolution and transmitted the engrossed and enrolled                
copies to the Lieutenant Governor's Office for permanent filing:               
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 8                                             
Designating the month of March as "Women's                                    
History Month."                                                                
                                                                               
		Legislative Resolve No. 11                                                   
                                                                               
HJR 18                                                                       
Message of April 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:               
                                                                               
HOUSE JOINT RESOLUTION NO. 18 am                                              
Relating to medical savings account legislation.                              
                                                                               
		Legislative Resolve No. 12                                                   
                                                                               

1995-04-10                     Senate Journal                      Page 0950
                           MESSAGES FROM THE HOUSE                           
                                                                               
HB 21                                                                        
Message of April 8 was read, stating the House concurred in the                
Senate amendment to CS FOR HOUSE BILL NO. 21(FIN), thus                        
passing:                                                                       
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
21(FIN)                                                                        
"An Act relating to revocation of a driver's license                          
for illegal possession or use of a controlled                                  
substance or illegal possession or consumption of                              
alcohol by a person at least 13 but not yet 21 years                           
of age; relating to revocation of a driver's license                           
for illegal possession or use of a firearm by a                                
person at least 13 but not yet 18 years of age;                                
relating to treatment programs required for issuance                           
or reissuance of a driver's license; and providing for                         
an effective date."                                                            
                                                                               
with a House Letter of Intent (House Journal page 673).                        
                                                                               
HB 128                                                                       
Message of April 8 was read, stating the House concurred in the                
Senate amendment to CS FOR SPONSOR SUBSTITUTE FOR                              
HOUSE BILL NO. 128(RES), thus passing:                                         
                                                                               
SENATE CS FOR CS FOR SPONSOR                                                  
SUBSTITUTE FOR HOUSE BILL NO. 128(RES)                                         
"An Act relating to the disposal of wastes; giving                            
the Alaska Oil and Gas Conservation Commission                                 
authority to regulate disposal in the annular space of                         
an oil or gas well, or in the annular space of a                               
water well associated with exploration and                                     
production of oil or gas, of drilling mud, cuttings,                           
and nonhazardous drilling operation wastes, and                                
exempting that disposal from the requirement of a                              
waste disposal permit issued by the Department of                              
Environmental  Conservation;  and  establishing  an                            
                                                                               
                                                                               

1995-04-10                     Senate Journal                      Page 0951
HB 128                                                                       
exemption from the requirement of obtaining a                                 
waste disposal permit from the Department of                                   
Environmental Conservation for certain activities that                         
yield solid and liquid waste material discharges and                           
cooling water discharges."                                                     
                                                                               
Message of April 8 was read, stating the House passed and                      
transmitted for consideration:                                                 
                                                                               
                  FIRST READING AND REFERENCE OF HOUSE BILLS                 
                                                                               
HB 100                                                                       
CS FOR HOUSE BILL NO. 100(FIN) BY THE HOUSE FINANCE                            
COMMITTEE, entitled:                                                           
                                                                               
"An Act making appropriations for the operating                               
and loan program expenses of state government, for                             
certain programs, 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."                                                                         
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
HB 225                                                                       
CS FOR HOUSE BILL NO. 225(RES) BY THE HOUSE                                    
RESOURCES COMMITTEE, entitled:                                                 
                                                                               
"An Act authorizing the commissioner of fish and                              
game to issue permits to possess, import, or export                            
elephants; and providing for an effective date."                               
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
Senators Green, Halford were added as cross sponsors on the bill.              
                                                                               
The presence of Senator Ellis was noted.                                       
                                                                               
                                                                               

1995-04-10                     Senate Journal                      Page 0952
                                COMMUNICATIONS                               
                                                                               
The following report was received and is on file in the Office of the          
Secretary of the Senate:                                                       
                                                                               
Monetary Terms of the Collective Bargaining Agreement between the              
Board of Regents of the University of Alaska and the Alaska                    
Classified Employees Association                                               
from Mark Boyer, Commissioner, Department of Administration                    
in accordance with AS 23.40.215                                                
                                                                               
The report was referred to the Finance Committee.                              
                                                                               
                                                                               
                          STANDING COMMITTEE REPORTS                         
                                                                               
SJR 18                                                                       
The Community and Regional Affairs Committee considered                        
SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO.                             
18 Relating to establishment of an Arctic council, and recommended             
it be replaced with                                                            
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR SENATE                                          
JOINT RESOLUTION NO. 18(CRA)                                                   
                                                                               
Signing do pass: Senator Torgerson, Chair, Senators Hoffman,                   
Phillips.  Signing no recommendation: Senator Kelly.                           
                                                                               
Zero fiscal note published today from Department of Community and              
Regional Affairs.                                                              
                                                                               
The resolution was referred to the State Affairs Committee.                    
                                                                               
SJR 21                                                                       
The Community and Regional Affairs Committee considered                        
SENATE JOINT RESOLUTION NO. 21 Proposing amendments to                         
the Constitution of the State of Alaska creating a special fund related        
to the use of federal mineral revenue sharing payments due the state           
from certain federal leases on the coastal plain of the Arctic National        
Wildlife Refuge.  Signing do pass: Senator Torgerson, Chair.                   
Signing no recommendation: Senators Kelly, Hoffman, Phillips.                  
                                                                               

1995-04-10                     Senate Journal                      Page 0953
SJR 21                                                                       
Fiscal notes published today from Office of the Governor,                      
Department of Revenue.                                                         
                                                                               
The resolution was referred to the Finance Committee.                          
                                                                               
SB 102                                                                       
The Judiciary Committee considered SPONSOR SUBSTITUTE FOR                      
SENATE BILL NO. 102 "An Act relating to the use of the court                   
records of minors that have been ordered sealed."  Signing do pass:            
Senator Taylor, Chair, Senators Miller, Adams, Green.                          
                                                                               
Zero fiscal notes published today from Alaska Court System,                    
Department of Health and Social Services.                                      
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
SB 145                                                                       
The Judiciary Committee considered SENATE BILL NO. 145 "An                     
Act requiring the reporting of winners of prizes of $50 or more from           
a bingo or pull-tab game to the Department of Health and Social                
Services to ensure that recipients of services or assistance are               
reporting those winnings and are eligible for services or assistance;          
relating to the awarding of those prizes; prohibiting charitable               
gaming permittees, operators, and registered vendors from cashing              
state public assistance checks; and relating to penalties for violations       
of the charitable gaming laws" and recommended it be replaced with             
                                                                               
CS FOR SENATE BILL NO. 145(JUD), entitled:                                    
"An Act relating to municipal regulation of certain                           
aspects of charitable gaming; requiring the reporting                          
of winners of prizes of $50 or more from a bingo                               
or pull-tab game to the Department of Health and                               
Social Services to ensure that recipients of services                          
or assistance are reporting those winnings and are                             
eligible for services or assistance; relating to the                           
awarding of those prizes; prohibiting charitable                               
gaming permittees, operators, and registered vendors                           
from cashing state public assistance checks; and                               
relating to penalties for violations of the charitable                         
gaming laws."                                                                  
                                                                               

1995-04-10                     Senate Journal                      Page 0954
SB 145                                                                       
Signing do pass: Senator Taylor, Chair, Senators Green, Miller,                
Adams.                                                                         
                                                                               
Zero fiscal note published today from Department of Revenue.                   
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
                                                                               
SB 147                                                                       
The Resources Committee considered SENATE BILL NO. 147 "An                     
Act relating to a municipal river habitat protection tax credit."              
Signing do pass: Senator Leman, Chair, Senators Pearce, Taylor,                
Halford.  Signing no recommendation: Senators Hoffman, Lincoln.                
                                                                               
Zero fiscal notes published today from Department of Community                 
and Regional Affairs, Department of Fish and Game.                             
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
                                                                               
HJR 25                                                                       
The Resources Committee considered CS FOR SPONSOR                              
SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 25(RES)                              
Relating to a ban on trawling in the eastern Gulf of Alaska east of            
140 degrees west longitude.  Signing do pass: Senator Leman, Chair,            
Senators Hoffman, Halford, Taylor.  Signing no recommendation:                 
Senators Lincoln, Pearce.                                                      
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The resolution was referred to the Rules Committee.                            
                                                                               
                                                                               

1995-04-10                     Senate Journal                      Page 0955
HB 4                                                                         
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
4(STA)(title am) "An Act allowing, for the purposes of permanent               
fund dividend eligibility, an individual to accompany, as the spouse           
or minor or disabled dependent, another eligible resident who is               
absent for vocational, professional, or other specific education for           
which a comparable program is not reasonably available in the state,           
for secondary or postsecondary education, for military service, for            
medical treatment, for service in the Congress or in the Peace Corps,          
or for other reasons that the commissioner of revenue may establish            
by regulation; requiring, for the purposes of permanent fund dividend          
eligibility, an individual who is not physically present in the state to       
maintain and demonstrate at all times an intent to return to the state         
to remain permanently;  relating to the eligibility for 1992, 1993,            
and 1994 permanent fund dividends of certain spouses and                       
dependents of eligible applicants; relating to appeal periods for              
certain 1994 permanent fund dividends; and providing for an                    
effective date."  Signing do pass: Senator Taylor, Chair, Senators             
Green, Miller.  Signing no recommendation: Senator Adams.                      
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Finance Committee.                                
                                                                               
HB 169                                                                       
The Resources Committee considered CS FOR HOUSE BILL NO.                       
169(RES) "An Act defining the scope of the responsibility of the               
Department of Natural Resources for regulating the mineral resources           
of the state" and recommended it be replaced with                              
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
169(RES)                                                                       
                                                                               
Signing do pass: Senator Leman, Chair, Senators Pearce, Taylor.                
Signing do not pass: Senator Lincoln.  Signing no recommendation:              
Senator Hoffman.                                                               
                                                                               
Previous House zero fiscal notes.                                              
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
                                                                               

1995-04-10                     Senate Journal                      Page 0956
HB 188                                                                       
The Judiciary Committee considered CS FOR HOUSE BILL NO.                       
188(JUD) am "An Act creating the crime of indecent viewing or                  
photography."  Signing do pass: Senator Taylor, Chair, Senators                
Miller, Adams, Green.                                                          
                                                                               
Previous House zero fiscal note.                                               
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
SB 16                                                                        
The Rules Committee considered SENATE BILL NO. 16 "An Act                      
relating to the University of Alaska and university land, authorizing          
the University of Alaska to select additional state public domain              
land, and defining net income from the University of Alaska's                  
endowment trust fund as `university receipts' subject to prior                 
legislative appropriation."  Signing to calendar:  Senator Miller,             
Chair, Senators Pearce, Sharp, Salo.                                           
                                                                               
The bill is on today's calendar.                                               
                                                                               
SB 80                                                                        
The Rules Committee considered SENATE BILL NO. 80 "An Act                      
relating to police protection service areas in unified municipalities;         
and to police protection provided by the state in certain municipal            
areas."  Signing to calendar: Senator Miller, Chair, Senators Pearce,          
Sharp.                                                                         
                                                                               
The bill is on today's calendar.                                               
                                                                               
                                                                               
                         INTRODUCTION AND REFERENCE OF                        
                              SENATE RESOLUTIONS                              
                                                                               
SCR 11                                                                       
SENATE CONCURRENT RESOLUTION NO. 11 BY SENATOR                                 
LINCOLN,                                                                       
                                                                               
Suspending Uniform Rules 24(c), 35, 41(b), and                                
42(e) of the Alaska State Legislature concerning                               
House Bill No. 146, relating to an Iditarod mushing                            
sweepstakes.                                                                   

1995-04-10                     Senate Journal                      Page 0957
SCR 11                                                                       
was read the first time.                                                       
                                                                               
Senator Lincoln moved to adopt the resolution.                                 
                                                                               
SENATE CONCURRENT RESOLUTION NO. 11 was read the                               
second time and was before the Senate on final passage.                        
                                                                               
Senator Halford objected.                                                      
                                                                               
Senator Duncan called the Senate.                                              
                                                                               
The question being:  "Shall SENATE CONCURRENT                                  
RESOLUTION NO. 11 Suspending Uniform Rules 24(c), 35, 41(b),                   
and 42(e) of the Alaska State Legislature concerning House Bill No.            
146, relating to an Iditarod mushing sweepstakes, pass the Senate?"            
The roll was taken with the following result:                                  
                                                                               
SCR 11                                                                         
Final Passage                                                                  
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln,                  
Rieger, Salo, Zharoff                                                          
                                                                               
Nays:  Frank, Green, Halford, Leman, Miller, Pearce, Phillips, Sharp,          
Taylor, Torgerson                                                              
                                                                               
and so, SENATE CONCURRENT RESOLUTION NO. 11 failed.                            
                                                                               
SENATE CONCURRENT RESOLUTION NO. 11(fld S) was referred                        
to the Secretary for permanent filing.                                         
                                                                               
                                                                               
                  INTRODUCTION AND REFERENCE OF SENATE BILLS                 
                                                                               
SB 155                                                                       
SENATE BILL NO. 155 BY THE SENATE JUDICIARY                                    
COMMITTEE, entitled:                                                           
                                                                               
                                                                               

1995-04-10                     Senate Journal                      Page 0958
SB 155                                                                       
"An Act to permit a court to order a defendant who                            
receives a sentence of imprisonment for a                                      
misdemeanor to serve the sentence by electronic                                
monitoring; and relating to the crime of unlawful                              
evasion in the second degree."                                                 
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
                        SECOND READING OF SENATE BILLS                       
SB 16                                                                        
SENATE BILL NO. 16 "An Act relating to the University of Alaska                
and university land, authorizing the University of Alaska to select            
additional state public domain land, and defining net income from              
the University of Alaska's endowment trust fund as `university                 
receipts' subject to prior legislative appropriation" was read the             
second time.                                                                   
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of the Finance Committee Substitute offered on page 788.              
Without objection, CS FOR SENATE BILL NO. 16(FIN) was                          
adopted and read the second time.                                              
                                                                               
Senator Frank offered Amendment No. 1 :                                         
                                                                               
Page 6, line 2:                                                               
		Delete:		"are"                                                               
		Insert:		"were"                                                              
                                                                               
Senator Frank moved and asked unanimous consent for the adoption               
of Amendment No. 1.  Without objection, Amendment No. 1 was                    
adopted.                                                                       
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
considered engrossed, advanced to third reading and placed on final            
passage.  Without objection, it was so ordered.                                
                                                                               
CS FOR SENATE BILL NO. 16(FIN) am was read the third time.                     
                                                                               
Senator Miller moved and asked unanimous consent that he be                    
shown as a cosponsor on the bill.  Without objection, it was so                
ordered.                                                                       

1995-04-10                     Senate Journal                      Page 0959
SB 16                                                                        
Senator Zharoff offered the following Letter of Intent:                        
                                                                               
                                Letter of Intent                               
                                      for                                      
                         CS for SENATE BILL NO. 16(FIN)                        
                                                                               
It is the intent of the legislature the University of                         
Alaska require the continuation of customary and                               
traditional uses to the maximum extent practicable                             
in any conveyance or disposal of land to a third                               
party under the provisions of AS 14.40.369.                                    
                                                                               
Senator Zharoff moved and asked unanimous consent that the Letter              
of Intent be adopted as a Senate Letter of Intent.  Senator Kelly              
objected, then withdrew his objection.  There being no further                 
objections, the Senate Letter of Intent was adopted.                           
                                                                               
The question being:  "Shall CS FOR SENATE BILL NO. 16(FIN)                     
am "An Act relating to the University of Alaska and university land,           
authorizing the University of Alaska to select additional state public         
domain land, and defining net income from the University of                    
Alaska's endowment trust fund as `university receipts' subject to              
prior legislative appropriation" pass the Senate?"  The roll was taken         
with the following result:                                                     
                                                                               
CSSB 16(FIN) am                                                                
Third Reading - Final Passage                                                  
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Duncan, Frank, Green, Kelly, Leman, Miller, Pearce, Rieger,             
Sharp, Taylor, Torgerson                                                       
                                                                               
Nays:  Adams, Donley, Ellis, Halford, Hoffman, Lincoln, Phillips,              
Salo, Zharoff                                                                  
                                                                               
and so, CS FOR SENATE BILL NO. 16(FIN) am passed the Senate                    
with a Senate Letter of Intent.                                                
                                                                               
Senator Adams gave notice of reconsideration.                                  
                                                                               
                                                                               

1995-04-10                     Senate Journal                      Page 0960
SB 80                                                                        
SENATE BILL NO. 80 "An Act relating to police protection service               
areas in unified municipalities; and to police protection provided by          
the state in certain municipal areas" was read the second time.                
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of the Finance Committee Substitute offered on page 840.              
Without objection, CS FOR SENATE BILL NO. 80(FIN) was                          
adopted and read the second time.                                              
                                                                               
Senator Halford moved and asked unanimous consent that the bill be             
considered engrossed, advanced to third reading and placed on final            
passage.  Without objection, it was so ordered.                                
                                                                               
CS FOR SENATE BILL NO. 80(FIN) was read the third time.                        
                                                                               
The question being:  "Shall CS FOR SENATE BILL NO. 80(FIN)                     
"An Act relating to police protection service areas in certain unified         
municipalities; and to police protection provided by the state in              
certain municipal areas" pass the Senate?"  The roll was taken with            
the following result:                                                          
                                                                               
CSSB 80(FIN)                                                                   
Third Reading - Final Passage                                                  
                                                                               
YEAS:  15   NAYS:  5   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Frank, Green, Hoffman, Leman,                    
Miller, Pearce, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff                
                                                                               
Nays:  Ellis, Halford, Kelly, Lincoln, Phillips                                
                                                                               
and so, CS FOR SENATE BILL NO. 80(FIN) passed the Senate.                      
                                                                               
Senator Kelly gave notice of reconsideration.                                  
                                                                               
                                                                               
                        THIRD READING OF SENATE BILLS                        
                                                                               
SB 121                                                                       
SENATE BILL NO. 121 "An Act making an appropriation for                        
deferred maintenance for the University of Alaska; and providing for           
an effective date" was read the third time.                                    

1995-04-10                     Senate Journal                      Page 0961
SB 121                                                                       
The question being:  "Shall SENATE BILL NO. 121 "An Act                        
making an appropriation for deferred maintenance for the University            
of Alaska; and providing for an effective date" pass the Senate?"              
The roll was taken with the following result:                                  
                                                                               
SB 121                                                                         
Third Reading - Final Passage                                                  
Effective Date                                                                 
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp                                                                  
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Taylor, Torgerson, Zharoff                                                     
                                                                               
and so, SENATE BILL NO. 121 failed.                                            
                                                                               
Senator Halford gave notice of reconsideration.                                
                                                                               
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 26                                                                        
CS FOR HOUSE BILL NO. 26(JUD) "An Act amending Rule 15,                        
Alaska Rules of Criminal Procedure, relating to depositions" was               
read the third time.                                                           
                                                                               
Senators Donley, Kelly, Leman, Taylor, Rieger moved and asked                  
unanimous consent that they be shown as cross sponsors on the bill.            
Without objection, it was so ordered.                                          
                                                                               
The question being:  "Shall CS FOR HOUSE BILL NO. 26(JUD)                      
"An Act amending Rule 15, Alaska Rules of Criminal Procedure,                  
relating to depositions" pass the Senate?"  The roll was taken with            
the following result:                                                          
                                                                               
                                                                               

1995-04-10                     Senate Journal                      Page 0962
HB 26                                                                        
                                                                               
CSHB 26(JUD)                                                                   
Third Reading - Final Passage                                                  
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger,              
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, CS FOR HOUSE BILL NO. 26(JUD) passed the Senate, was                   
signed by the President and Secretary and returned to the House.               
                                                                               
HB 146                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 146(RLS) was read                          
the third time.                                                                
                                                                               
The question being:  "Shall SENATE CS FOR CS FOR HOUSE                         
BILL NO. 146(RLS) "An Act relating to an Iditarod mushing                      
sweepstakes; and providing for an effective date" pass the Senate?"            
The roll was taken with the following result:                                  
                                                                               
SCS CSHB 146(RLS)                                                              
Third Reading - Final Passage                                                  
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Frank, Green, Halford, Lincoln,                  
Rieger, Sharp, Taylor, Torgerson, Zharoff                                      
                                                                               
Nays:  Ellis, Hoffman, Kelly, Leman, Miller, Pearce, Phillips, Salo            
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 146(RLS)                           
passed the Senate.                                                             
                                                                               
Senator Halford moved the effective date clause.                               
                                                                               
The question being:  "Shall the effective date clause be adopted?"             
The roll was taken with the following result:                                  
                                                                               
                                                                               

1995-04-10                     Senate Journal                      Page 0963
HB 146                                                                       
                                                                               
SCS CSHB 146(RLS)                                                              
Effective Date Vote                                                            
                                                                               
YEAS:  19   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Frank, Green, Halford, Hoffman,                  
Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Salo, Sharp,          
Taylor, Torgerson, Zharoff                                                     
                                                                               
Nays:  Ellis                                                                   
                                                                               
and so, the effective date clause was adopted.                                 
                                                                               
Senator Ellis gave notice of reconsideration.                                  
                                                                               
                                                                               
                                  CITATIONS                                  
                                                                               
In Memoriam - Robert L. Brechan                                                
Representative(s) Kelly, Vezey                                                 
Senator(s) Sharp, Miller, Lincoln, Duncan, Pearce, Taylor, Zharoff             
                                                                             
Senator Halford moved and asked unanimous consent that the                     
citation be adopted.  Without objection, the citation was adopted and          
referred to the Secretary for transmittal.                                     
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Senator Rieger moved and asked unanimous consent that he be                    
excused from a call of the Senate on April 18 through morning                  
plane time.  Without objection, Senator Rieger was excused.                    
                                                                               
Senator Zharoff moved and asked unanimous consent that he be                   
excused from the Senate, not subject to a call, from April 11                  
through April 12, morning plane time.  Without objection, Senator              
Zharoff was excused.                                                           
                                                                               
                                                                               

1995-04-10                     Senate Journal                      Page 0964
HB 4                                                                         
Senator Leman moved and asked unanimous consent that he be                     
shown as a cross sponsor on CS FOR HOUSE BILL NO.                              
4(STA)(title am) "An Act allowing, for the purposes of permanent               
fund dividend eligibility, an individual to accompany, as the spouse           
or minor or disabled dependent, another eligible resident who is               
absent for vocational, professional, or other specific education for           
which a comparable program is not reasonably available in the state,           
for secondary or postsecondary education, for military service, for            
medical treatment, for service in the Congress or in the Peace Corps,          
or for other reasons that the commissioner of revenue may establish            
by regulation; requiring, for the purposes of permanent fund dividend          
eligibility, an individual who is not physically present in the state to       
maintain and demonstrate at all times an intent to return to the state         
to remain permanently;  relating to the eligibility for 1992, 1993,            
and 1994 permanent fund dividends of certain spouses and                       
dependents of eligible applicants; relating to appeal periods for              
certain 1994 permanent fund dividends; and providing for an                    
effective date."   Without objection, it was so ordered.                       
                                                                               
HB 188                                                                       
Senator Green moved and asked unanimous consent that she be                    
shown as a cross sponsor on CS FOR HOUSE BILL NO. 188(JUD)                     
am "An Act creating the crime of indecent viewing or photography."             
Without objection, it was so ordered.                                          
                                                                               
SB 46                                                                        
The reconsideration on CS FOR SENATE BILL NO. 46(RLS) "An                      
Act revising the provision of law under which a minor may be                   
charged, prosecuted, and sentenced as an adult in the district court,          
and adding to the list of offenses for which a minor may be                    
prosecuted as an adult in the district court; amending the criminal            
jurisdiction of the district court to provide for the disposition of           
certain offenses relating to possession, control, or consumption of            
alcoholic beverages by a person under 21 years of age and                      
possession of tobacco by a person under 19 years of age; allowing              
a person under age 21 to be arrested by a peace officer without a              
warrant for acts relating to illegal possession, consumption, or control       
of alcohol; and amending the penalty applicable to persons under 21            
years of age who possess, control, or consume alcoholic beverages"             
was not taken up this legislative day and the bill was referred to the         
Secretary for engrossment.                                                     

1995-04-10                     Senate Journal                      Page 0965
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
SB 46                                                                        
CS FOR SENATE BILL NO. 46(RLS) "An Act revising the                            
provision of law under which a minor may be charged, prosecuted,               
and sentenced as an adult in the district court, and adding to the list        
of offenses for which a minor may be prosecuted as an adult in the             
district court; amending the criminal jurisdiction of the district court       
to provide for the disposition of certain offenses relating to                 
possession, control, or consumption of alcoholic beverages by a                
person under 21 years of age and possession of tobacco by a person             
under 19 years of age; allowing a person under age 21 to be arrested           
by a peace officer without a warrant for acts relating to illegal              
possession, consumption, or control of alcohol; and amending the               
penalty applicable to persons under 21 years of age who possess,               
control, or consume alcoholic beverages" was engrossed, signed by              
the President and Secretary and transmitted to the House for                   
consideration.                                                                 
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in adjournment until 11:00 a.m., April 11, 1995.  Without                
objection, the Senate adjourned at 1:00 p.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                            April 1995         

1995-04-10                     Senate Journal                      Page 0966
                                ANNOUNCEMENTS                                
                                                                               
                    NOTICE - AMERICANS WITH DISABILITIES ACT                   
                                                                               
	Persons with disabilities who require special accommodation or                
alternative communication formats to access committee meetings may contact     
the appropriate committee office or the Legislative Information Office in      
their community. Reasonable advance notice is needed to accommodate the        
request. For further information, call the ADA Coordinator at 465-3854         
Voice/465-4980 TDD.                                                            
                                                                               
                                                                               
                             STANDING COMMITTEES                             
                                                                               
                         COMMUNITY & REGIONAL AFFAIRS                        
                               BUTROVICH ROOM 205                              
APR 10                               MONDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
APR 12                             WEDNESDAY                   1:30 PM         
 	-- TELECONFERENCE --                                                         
SB  79	ADJUSTMENTS FOR DEFECTIVE SURVEY                                        
HB  86	MUNICIPAL PERSONAL PROPERTY TAXATION                                    
HB 180	LIQUOR LICENSES FOR RESORT/LODGES                                       
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 14                               FRIDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                   FINANCE                                   
                               SENATE FINANCE 532                              
APR 11                              TUESDAY                    9:00 AM         
HB 100	APPROP: FY 96 OPERATING & LOAN BUDGET                                   
SB  26	OFFENSES BY JUVENILE USING FIREARMS                                     
SB  64	CONVERT AK RR TO PRIVATE CORPORATION                                    
SB 131	INVESTMENTS BY FIDUCIARIES                                              
SB 132	JUDICIAL REVIEW:TEACHER TENURE DECISIONS                                
 	<PENDING REFERRAL>                                                           
SB 148	STATE EMP DEFINED CONTRIB RETIREMENT PROG                               
SB 151	ADMIN DIRECTOR OF COURT SYSTEM IN PERS                                  
SJR 14	CONFIRMATION OF MEMBERS OF PUBLIC CORP                                  
 	<PENDING REFERRAL>                                                           
HB 183	FINANCING IMPROVEMENTS BY LEASE/PURCHASE                                
 	BELOW BILLS PREVIOUSLY HEARD:                                                
SB  70	PUBLIC SCHOOL FOUNDATION PROGRAM                                        
 	<TELECONFERENCE ON ABOVE BILL>                                               
                                                                               
                                                                               

1995-04-10                     Senate Journal                      Page 0967
                              FINANCE CONTINUED                              
                               SENATE FINANCE 532                              
APR 11                         TUESDAY CONTINUED               9:00 AM         
SB  87	ALCOHOLIC BEVERAGES: LOCAL OPTION & MISC.                               
 	<TELECONFERENCE ON ABOVE BILL>                                               
HB   9	DAMAGE TO PROPERTY BY MINORS                                            
SB  54	ELECTRIC UTIL & SOLID WASTE REMOVAL                                     
SB  96	UNFUNDED MANDATES ON MUNICIPALITIES                                     
SB  98	PERSONAL RESPONSIBILITY ACT OF 1995                                     
SB 117	STATEWIDE INDEPENDENT LIVING COUNCIL                                    
SB 135	PFD NOTICES AND ELIGIBILITY                                             
                                                                               
APR 12                             WEDNESDAY                   9:00 AM         
HB 100	APPROP: FY 96 OPERATING & LOAN BUDGET                                   
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 13                              THURSDAY                   9:00 AM         
HB 100	APPROP: FY 96 OPERATING & LOAN BUDGET                                   
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                     HEALTH, EDUCATION & SOCIAL SERVICES                     
                               BUTROVICH ROOM 205                              
APR 10                               MONDAY                    9:00 AM         
 	**JOINT MEETING WITH HOUSE HESS COMMITTEE**                                  
 	PRESENTATION BY REBECCA RUFFNER, ARIZONA STATE                               
 	COORDINATOR, NATIONAL COMMITTEE FOR THE                                      
 	PREVENTION OF CHILD ABUSE                                                    
SB 103	TAX CREDIT FOR PROVIDING CHILD CARE                                     
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 12                             WEDNESDAY                   9:00 AM         
SB 138	TUBERCULOSIS CONTROL                                                    
SB 115	UNIFORM INTERSTATE FAMILY SUPPORT ACT                                   
 	<TELECONFERENCE ON ABOVE BILL>                                               
SB 116	PATERNITY; CHILD SUPPORT ENFORCEMENT                                    
 	<TELECONFERENCE ON ABOVE BILL>                                               
SB 137	RETIREMENT INCENTIVE PROGRAM                                            
 	BILLS PREVIOUSLY HEARD                                                       
                                                                               
APR 14                               FRIDAY                    9:00 AM         
 	NO MEETING SCHEDULED                                                         
                    ----------------------------------------                   
                                                                               
                                                                               

1995-04-10                     Senate Journal                      Page 0968
                                  JUDICIARY                                  
                                 BELTZ ROOM 211                                
APR 10                               MONDAY                    1:45 PM         
 	NOTE TIME CHANGE                                                             
 	-- TELECONFERENCE --                                                         
SB 132	JUDICIAL REVIEW:TEACHER TENURE DECISIONS                                
SB 105	PARENTAL CONSENT BEFORE MINOR'S ABORTION                                
HB 115	DAMAGES & ATTY FEES FOR UNPAID WAGES                                    
SB  95	INSURANCE AGAINST UNINSURED DRIVERS                                     
                                                                               
APR 12                             WEDNESDAY                   1:30 PM         
 	-- TELECONFERENCE --                                                         
 	ALASKA MENTAL HEALTH TRUST AUTHORITY BOARD OF                                
 	TRUSTEES CONFIRMATION HEARINGS:  KAY BURROWS,                                
 	TOM HAWKINS, JOHN MALONE, NELSON PAGE,                                       
 	JOHN PUGH, EVELYN TUCKER, PHIL YOUNKER, JR.                                  
 	VIOLENT CRIMES COMPENSATION BOARD CONFIRMATION                               
 	HEARING:  ALISON A. LAUBER, M.D.                                             
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                               LABOR & COMMERCE                              
                               FAHRENKAMP RM 203                               
APR 11                              TUESDAY                    1:30 PM         
SB  25	REPEAL VEGETABLE DEALER LICENSING                                       
                                                                               
APR 13                              THURSDAY                   1:30 PM         
HB  46	ARCHITECT, ENGINEER & SURVEYOR REGULATION                               
 	BILLS PREVIOUSLY HEARD                                                       
                    ----------------------------------------                   
                                                                               
                                  RESOURCES                                  
                               BUTROVICH ROOM 205                              
APR 10                               MONDAY                    3:30 PM         
 	-- TELECONFERENCE --                                                         
SJR 19	AMEND ANILCA TO DEFINE PUBLIC LANDS                                     
 	THIS MEETING WILL BE HELD IN BOTH THE BUTROVICH                              
 	AND FAHRENKAMP ROOMS                                                         
                                                                               
APR 12                             WEDNESDAY                   3:30 PM         
SB  97	DRAGONFLY AS STATE INSECT                                               
SB 130	MARINE PILOTS                                                           
 	TESORO ROYALTY CONTRACTS BRIEFING                                            
 	CONFIRMATION HEARING:  FRANK RUE, COMMISSIONER,                              
 	DEPARTMENT OF FISH AND GAME                                                  
SR   2	OPPOSE COAL AS HAZARDOUS/NOXIOUS SUBSTNCE                               
                    ----------------------------------------                   
                                                                               
                                                                               

1995-04-10                     Senate Journal                      Page 0969
                                    RULES                                    
                              FAHRENKAMP ROOM 211                              
APR 10                               MONDAY                    8:30 AM         
SB  80	MUNICIPAL POLICE SERVICES                                               
                                                                               
APR 10                               MONDAY                    1:00 PM         
SB  53	OMNIBUS INSURANCE REFORM                                                
HB 215	GROUNDS FOR SUSPENSION OF STUDENTS                                      
                    ----------------------------------------                   
                                                                               
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
APR 11                              TUESDAY                    3:30 PM         
SB 136	APPROP: FY 96 CAPITAL PROJECTS BUDGET                                   
                                                                               
APR 13                              THURSDAY                   3:30 PM         
HB 173	REPORTS TO THE LEGISLATURE                                              
SB 146	ELECTION CODE AND ADMINISTRATION                                        
SB 142	HUMAN RESOURCE INVESTMENT COUNCIL                                       
 	<TELECONFERENCE ON ABOVE BILL>                                               
                                                                               
APR 20                              THURSDAY                   3:30 PM         
 	-- TELECONFERENCE --                                                         
SB 141	LEGISLATIVE ETHICS                                                      
 	OTHER BILLS TO BE HEARD MAY BE ADDED NEXT WEEK                               
                    ----------------------------------------                   
                                                                               
                                TRANSPORTATION                               
                               BUTROVICH ROOM 205                              
APR 11                              TUESDAY                    1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
APR 13                              THURSDAY                   1:30 PM         
 	NO MEETING SCHEDULED                                                         
                                                                               
                            FINANCE SUBCOMMITTEES                            
                                                                               
                                ADMINISTRATION                               
                              FAHRENKAMP ROOM 203                              
APR 10                               MONDAY                    3:00 PM         
 	FINAL CLOSE OUT                                                              
                    ----------------------------------------                   
                                                                               
                       COMMERCE & ECONOMIC DEVELOPMENT                       
                                 BELTZ ROOM 211                                
APR 10                               MONDAY                    8:00 AM         
 	CLOSE OUT                                                                    
                    ----------------------------------------                   
                                                                               
                                                                               

1995-04-10                     Senate Journal                      Page 0970
                       FINANCE SUBCOMMITTEES CONTINUED                       
                                   GOVERNOR                                  
                                 BELTZ ROOM 211                                
APR 10                               MONDAY                    5:00 PM         
 	-- RESCHEDULED FROM 04/06/95 --                                              
 	CLOSE OUT                                                                    
                    ----------------------------------------                   
                                                                               
                           HEALTH & SOCIAL SERVICES                          
                                CAPITOL ROOM 408                               
APR 10                               MONDAY                    1:30 PM         
 	HEALTH & SOCIAL SERVICES BUDGET CLOSE OUT                                    
                    ----------------------------------------                   
                                                                               
                                 LEGISLATURE                                 
                                 BELTZ ROOM 211                                
APR 10                               MONDAY                    4:00 PM         
 	-- RESCHEDULED FROM 04/07/95 --                                              
 	CLOSE OUT                                                                    
 	PRESENTATION OF FINAL BUDGET PROPOSAL                                        
                    ----------------------------------------                   
                                                                               
                                PUBLIC SAFETY                                
                               SENATE FINANCE 532                              
APR 10                               MONDAY                    5:00 PM         
 	SUBCOMMITTEE CLOSE OUT                                                       
                    ----------------------------------------                   
                                                                               
                                   REVENUE                                   
                                 BELTZ ROOM 211                                
APR 10                               MONDAY                    8:00 AM         
 	CLOSE OUT                                                                    
                    ----------------------------------------                   
                                                                               
                      TRANSPORTATION & PUBLIC FACILITIES                     
                               SENATE FINANCE 532                              
APR 10                               MONDAY                    3:30 PM         
 	-- MEETING POSTPONED TO 04/11/95 --                                          
 	SUBCOMMITTEE CLOSE OUT                                                       
                                                                               
APR 11                              TUESDAY                    3:00 PM         
 	-- RESCHEDULED FROM 04/10/95 --                                              
 	SUBCOMMITTEE CLOSE OUT                                                       
                    ----------------------------------------                   
                                                                               
                             UNIVERSITY OF ALASKA                            
                               SENATE FINANCE 532                              
APR 11                              TUESDAY                    5:00 PM         
 	SUBCOMMITTEE CLOSE OUT                                                       
                                                                               

1995-04-10                     Senate Journal                      Page 0971
                               JOINT COMMITTEES                              
                                                                               
                          LEGISLATIVE BUDGET & AUDIT                         
                               HOUSE FINANCE 519                               
APR 13                              THURSDAY                   3:00 PM         
 	REVIEW OF AUDIT AND RPLS                                                     
                                                                               
                               OTHER COMMITTEES                              
                                                                               
                               MAJORITY CAUCUS                               
                               BUTROVICH ROOM 205                              
APR 10                               MONDAY                    1:30 PM         
 	MAJORITY CAUCUS                                                              
                                                                               
                                CAPITOL ROOM 111                               
APR 11                              TUESDAY                    8:00 AM         
 	MAJORITY CAUCUS