Legislature(1995 - 1996)
1995-04-18 Senate Journal
Full Journal pdf1995-04-18 Senate Journal Page 1053 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Tuesday April 18, 1995 Ninety-third Day Pursuant to adjournment the Senate was called to order by President Pearce at 2:26 p.m. The roll showed sixteen members present. Senator Salo was excused from a call of the Senate. Senators Green, Lincoln, Rieger were absent. The prayer was offered by the Chaplain, Joel Orelove of the Juneau Jewish Community. Senator Duncan moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. In honor of Bishop Michael Kenny, a man of peace: Grant us peace, Your most precious gift, O Eternal Source of peace, and give us the will to proclaim its message to all the peoples of the earth. Bless our country, that it may always be a stronghold of peace, and its advocate among the nations. May contentment reign within its borders, health and happiness within its homes. Strengthen the bonds of friendship among the inhabitants of all lands. Teach us to labor for righteousness and give us Your blessing and peace. Amen. Senator Hoffman led the Senate in the pledge of allegiance. 1053 1995-04-18 Senate Journal Page 1054 The presence of Senators Green, Lincoln was noted. CERTIFICATION Senator Halford moved and asked unanimous consent that the journals for the eighty-eighth through ninety-second legislative days be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE SB 41 Message of April 13 was read, stating the House passed and returned: CS FOR SENATE BILL NO. 41(JUD) "An Act relating to reports by fishing vessels that are not licensed under the laws of the state." The bill was referred to the Secretary for enrollment. HB 79 Message of April 13 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 79(FIN), thus passing: SENATE CS FOR CS FOR HOUSE BILL NO. 79(FIN) "An Act allowing the Department of Natural Resources to quitclaim land or interests in land, including submerged or shore land, to a municipality to correct errors or omissions of the municipality when inequitable detriment would result to a person due to that person's reliance upon the errors or omissions of the municipality." Messages of April 12 and 13 were read, stating the House passed and transmitted for consideration: 1995-04-18 Senate Journal Page 1055 FIRST READING AND REFERENCE OF HOUSE BILLS HB 28 CS FOR HOUSE BILL NO. 28(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to the possession of weapons within the buildings of, grounds of, or on the parking lot of preschools, elementary, junior high, and secondary schools or while participating in a school-sponsored event; requiring the expulsion or suspension of students possessing deadly weapons on school grounds; requiring reports to the Department of Education concerning those expulsions or suspensions; and relating to school lockers and other containers provided in a public or private school by the school or the school district." was read the first time and referred to the Judiciary Committee. HB 44 CS FOR HOUSE BILL NO. 44(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act relating to reporting by permittees, licensees, and vendors; relating to municipal regulation of charitable gaming; providing that a political group is not a qualified organization for purposes of charitable gaming, other than raffles, and relating to those raffles; relating to identification to the public of each permittee that will benefit from the sale of each pull-tab series and each bingo session; providing that the proceeds from charitable gaming, other than certain raffles conducted by a political organization, may not be contributed to a political party or other political group; and providing for an effective date." was read the first time and referred to the State Affairs Committee. 1995-04-18 Senate Journal Page 1056 HB 127 CS FOR HOUSE BILL NO. 127(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to penalties for certain offenses committed against a peace officer, fire fighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responders." was read the first time and referred to the Judiciary and Finance Committees. HB 234 CS FOR HOUSE BILL NO. 234(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: "An Act relating to administrative adjudication under the Administrative Procedure Act." was read the first time and referred to the Judiciary Committee. The presence of Senator Rieger was noted. STANDING COMMITTEE REPORTS SB 54 The Finance Committee considered SENATE BILL NO. 54 "An Act relating to exclusive service areas for utilities certificated to provide electric utility service and to the definition of `general public' for utilities furnishing electric service" and recommended it be replaced with CS FOR SENATE BILL NO. 54(FIN), entitled: "An Act relating to exclusive service areas for utilities certificated to provide electric utility service and to the definition of `general public' for utilities furnishing electric service; relating to employees and terms of members of the Alaska Public Utilities Commission; and prohibiting certain exceptions from regulation." 1995-04-18 Senate Journal Page 1057 SB 54 Signing do pass: Senator Halford, Cochair, Senator Sharp. Signing do not pass without amendment: Senator Frank, Cochair. Signing no recommendation: Senators Rieger, Phillips, Zharoff. Previous zero fiscal note. The bill was referred to the Rules Committee. SB 146 The State Affairs Committee considered SENATE BILL NO. 146 "An Act relating to the Alaska Election Code and to state election administration" and recommended it be replaced with CS FOR SENATE BILL NO. 146(STA) Signing do pass: Senator Sharp, Chair, Senators Leman, Phillips, Duncan. Zero fiscal note published today from Department of Administration. The bill was referred to the Finance Committee. SB 151 Fiscal note for SENATE BILL NO. 151 "An Act placing the administrative director of the court system in the public employees' retirement system" published today from Department of Administration. HB 173 The State Affairs Committee considered HOUSE BILL NO. 173 "An Act relating to reports by state agencies." Signing do pass: Senator Sharp, Chair, Senators Leman, Duncan. Previous House zero fiscal note. The bill was referred to the Rules Committee. 1995-04-18 Senate Journal Page 1058 HB 183 The Finance Committee considered CS FOR HOUSE BILL NO. 183(FIN) "An Act limiting the authority of the Alaska Housing Finance Corporation to use money or another asset of the corporation to acquire or construct a building for the corporation's use and occupancy, and extending the requirements of preliminary evaluation, notice, and prior legislative approval of certain lease-purchase agreements to include proposed improvements to real property; and providing for an effective date." Signing do pass: Senators Halford, Frank, Cochairs, Senators Phillips, Sharp, Rieger. Signing no recommendation: Senator Zharoff. Previous House zero fiscal note. The bill was referred to the Rules Committee. SB 53 The Rules Committee considered SENATE BILL NO. 53 "An Act relating to insurance, to the licensing, accreditation, examination, regulation, and solvency of persons engaged in the insurance business, including insurers, nonadmitted insurers, purchasing groups, risk retention groups, and United States branches of alien insurers; relating to the management of and the filing of reports by persons licensed or otherwise doing business under the insurance code; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Sharp, Salo. The bill is on today's calendar. SB 87 The Rules Committee considered SENATE BILL NO. 87 "An Act relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; relating to the definition of `alcoholic beverage'; relating to purchase and sale of alcoholic beverages; relating to alcohol server education courses; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. 1995-04-18 Senate Journal Page 1059 SB 87 The bill is on today's calendar. SB 117 The Rules Committee considered SENATE BILL NO. 117 "An Act establishing a statewide independent living council and clarifying its relationship with existing agencies; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. The bill is on today's calendar. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess for the purpose of a majority caucus. Without objection, the Senate recessed at 2:37 p.m. AFTER RECESS The Senate reconvened at 2:55 p.m. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 87 SENATE BILL NO. 87 "An Act relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; relating to the definition of 'alcoholic beverage'; relating to purchase and sale of alcoholic beverages; relating to alcohol server education courses; and providing for an effective date" was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 977. Without objection, CS FOR SENATE BILL NO. 87(FIN) "An Act relating to the membership of the Alcoholic Beverage Control Board; relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; prohibiting 1995-04-18 Senate Journal Page 1060 SB 87 persons from being on premises involving alcoholic beverages under certain circumstances; relating to the definition of 'alcoholic beverage'; relating to purchase and sale of alcoholic beverages; relating to alcohol server education courses; and providing for an effective date" was adopted and read the second time. Senator Donley offered Amendment No. 1 : Page 1, line 6, after "courses;": Insert "relating to taxes on alcoholic beverage sales;" Page 31, lines 13 - 14: Delete "if sales taxes are imposed on other sales within the municipality" Insert "[IF SALES TAXES ARE IMPOSED ON OTHER SALES WITHIN THE MUNICIPALITY]" Senator Donley moved for the adoption of Amendment No. 1. Senator Miller objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 87(FIN) Second Reading Amendment No. 1 YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Green, Halford, Leman, Lincoln, Miller, Phillips, Rieger, Zharoff Nays: Adams, Hoffman, Kelly, Pearce, Sharp, Taylor, Torgerson Excused: Salo and so, Amendment No. 1 was adopted. Senator Donley offered Amendment No. 2 : Page 5, line 26, through page 6, line 23: Delete all material. 1995-04-18 Senate Journal Page 1061 SB 87 Renumber the following bill sections accordingly. Page 36, line 31, through page 37, line 2: Delete all material. Renumber the following bill sections accordingly. Page 37, line 19: Delete "sec. 81" Insert "sec. 78" Page 37, line 30: Delete "Section 76" Insert "Section 73" Page 37, line 31: Delete "sec. 34" Insert "sec. 32" Page 38, line 1: Delete "secs. 76 and 80" Insert "secs. 73 and 77" Senator Donley moved for the adoption of Amendment No. 2. Senator Halford objected. Senate Donley moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. Senator Donley offered Amendment No. 3 : Page 1, line 6, after "courses;": Insert "relating to regulations limiting the hours during which a licensee may offer live entertainment;" Page 2, after line 19: Insert a new bill section to read: "*Sec. 3. AS 04.06.100 is amended by adding a new subsection to read: 1995-04-18 Senate Journal Page 1062 SB 87 (c) The board may not adopt a regulation that discriminates between classifications of licensees as to hours during which a licensee may offer live entertainment." Renumber the following bill sections accordingly. Page 36, after line 12: Insert a new bill section to read: "* Sec. 72. 15 AAC 104.305(a)(3) is annulled." Renumber the following bill sections accordingly. Page 37, line 1: Delete "sec. 11" Insert "sec. 12" Page 37, line 19: Delete "sec. 81" Insert "sec. 83" Page 37, line 30: Delete "Section 76" Insert "Section 78" Page 37, line 31: Delete "sec. 34" Insert "sec. 35" Page 38, line 1: Delete "secs. 76 and 80" Insert "secs. 78 and 82" Senator Donley moved for the adoption of Amendment No. 3. Senator Kelly objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 1995-04-18 Senate Journal Page 1063 SB 87 CSSB 87(FIN) am Second Reading Amendment No. 3 YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Halford, Hoffman, Lincoln, Pearce, Rieger, Zharoff Nays: Frank, Green, Kelly, Leman, Miller, Phillips, Sharp, Taylor, Torgerson Excused: Salo Hoffman changed from "Nay" to "Yea". and so, Amendment No. 3 was adopted. Senator Donley moved and asked unanimous consent that the Senate rescind its previous action in withdrawing Amendment No. 2. Without objection, it was so ordered. Senator Donley moved for the adoption of Amendment No. 2 (page 1060). Senator Taylor objected. Senator Pearce called the Senate. The call was satisfied. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 87(FIN) am Second Reading Amendment No. 2 YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Hoffman, Pearce, Phillips, Rieger, Zharoff Nays: Green, Halford, Kelly, Leman, Lincoln, Miller, Sharp, Taylor, Torgerson Excused: Salo 1995-04-18 Senate Journal Page 1064 SB 87 and so, Amendment No. 2 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. 87(FIN) am was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 87(FIN) am "An Act relating to the membership of the Alcoholic Beverage Control Board; relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; prohibiting persons from being on premises involving alcoholic beverages under certain circumstances; relating to the definition of 'alcoholic beverage'; relating to purchase and sale of alcoholic beverages; relating to alcohol server education courses; relating to taxes on alcoholic beverages; relating to regulations limiting the hours during which a licensee may offer live entertainment; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 87(FIN) am Third Reading - Final Passage YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Ellis, Frank, Hoffman, Kelly, Leman, Lincoln, Miller, Phillips, Rieger, Torgerson Nays: Duncan, Green, Halford, Pearce, Sharp, Taylor, Zharoff Excused: Salo and so, CS FOR SENATE BILL NO. 87(FIN) am 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: 1995-04-18 Senate Journal Page 1065 SB 87 CSSB 87(FIN) am Effective Date Vote YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Excused: Salo and so, the effective date clause was adopted. Senator Pearce gave notice of reconsideration. SB 53 SENATE BILL NO. 53 "An Act relating to insurance, to the licensing, accreditation, examination, regulation, and solvency of persons engaged in the insurance business, including insurers, nonadmitted insurers, purchasing groups, risk retention groups, and United States branches of alien insurers; relating to the management of and the filing of reports by persons licensed or otherwise doing business under the insurance code; amending Alaska Rule of Civil Procedure 45; and providing for an effective date" was read the second time. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 891. Without objection, CS FOR SENATE BILL NO. 53(JUD) "An Act relating to regulation of risk retention or purchasing groups; to preemption of the regulation of insurance agents and insurance producers; to the general powers of the director of the division of insurance; to insurance examination hearings; to insurer certificates of authority; to annual and quarterly statements, taxes, and prohibited acts of insurers; to reinsurance credit allowed a domestic insurer; to risk based capital for insurers; to insurer assets and liabilities; to insurer investments; to insurance holding companies; to regulation, licensing, examination, and trade practices of insurance producers, managing general agents, third-party administrators, brokers, independent adjusters, and reinsurance intermediary managers; to surplus lines 1995-04-18 Senate Journal Page 1066 SB 53 insurance; to criminal insurance acts; to premium increases in automobile insurance; to insurance rating; to assigned risk pools; to filing and approval of certain insurance policy forms; to required insurance coverage for acupuncture, nurse midwives' services, mammography, and phenylketonuria; to health insurance provided by small employers; to transfer of an insurer's status as a domestic insurer; to quarterly statements of benevolent associations, fraternal benefit societies, and health maintenance organizations; to reciprocal insurers; to the definition of 'member insurer' for purposes of the Alaska Life and Disability Insurance Guaranty Association; to electronic insurance data transfer and insurance funds transfer; to the definitions of 'managing general agent' and 'person' applicable to insurance law; to automobile assigned risk plans; placing a person employed by the division of insurance as an actuary or assistant actuary into the exempt service; amending Alaska Rule of Civil Procedure 45; and providing for an effective date" 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. 53(JUD) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 53(JUD) "An Act relating to regulation of risk retention or purchasing groups; to preemption of the regulation of insurance agents and insurance producers; to the general powers of the director of the division of insurance; to insurance examination hearings; to insurer certificates of authority; to annual and quarterly statements, taxes, and prohibited acts of insurers; to reinsurance credit allowed a domestic insurer; to risk based capital for insurers; to insurer assets and liabilities; to insurer investments; to insurance holding companies; to regulation, licensing, examination, and trade practices of insurance producers, managing general agents, third-party administrators, brokers, independent adjusters, and reinsurance intermediary managers; to surplus lines insurance; to criminal insurance acts; to premium increases in automobile insurance; to insurance rating; to assigned risk pools; to filing and approval of certain insurance policy forms; 1995-04-18 Senate Journal Page 1067 SB 53 to required insurance coverage for acupuncture, nurse midwives' services, mammography, and phenylketonuria; to health insurance provided by small employers; to transfer of an insurer's status as a domestic insurer; to quarterly statements of benevolent associations, fraternal benefit societies, and health maintenance organizations; to reciprocal insurers; to the definition of 'member insurer' for purposes of the Alaska Life and Disability Insurance Guaranty Association; to electronic insurance data transfer and insurance funds transfer; to the definitions of 'managing general agent' and 'person' applicable to insurance law; to automobile assigned risk plans; placing a person employed by the division of insurance as an actuary or assistant actuary into the exempt service; amending Alaska Rule of Civil Procedure 45; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 53(JUD) Third Reading - Final Passage Effective Date YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Ellis, Green, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Nays: Duncan, Frank, Halford Excused: Salo and so, CS FOR SENATE BILL NO. 53(JUD) passed the Senate. Senator Halford 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 Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule change. Senator Duncan objected. The question being "Shall the Court Rule change be adopted?" The roll was taken with the following result: 1995-04-18 Senate Journal Page 1068 SB 53 CSSB 53(JUD) Adopt Court Rule Change? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Zharoff Excused: Salo and so, the Court Rule change failed. Senator Taylor gave notice of reconsideration. SB 117 SENATE BILL NO. 117 "An Act establishing a statewide independent living council and clarifying its relationship with existing agencies; and providing for an effective date" was read the second time. Senator Green moved and asked unanimous consent for the adoption of the Health, Education and Social Services Committee Substitute offered on page 720. Without objection, CS FOR SENATE BILL NO. 117(HES) 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. 117(HES) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 117(HES) "An Act establishing a statewide independent living council and clarifying its relationship with existing agencies; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1995-04-18 Senate Journal Page 1069 SB 117 CSSB 117(HES) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Nays: Kelly Excused: Salo and so, CS FOR SENATE BILL NO. 117(HES) passed the Senate. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered. Senator Kelly gave notice of reconsideration. UNFINISHED BUSINESS RECONSIDERATION OF SENATE BILLS SB 6 Senator Donley requested that the reconsideration on SENATE BILL NO. 6 am "An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses" be taken up. SENATE BILL NO. 6 am was before the Senate on reconsideration. Senator Donley moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Senator Kelly objected. 1995-04-18 Senate Journal Page 1070 SB 6 The question being: "Shall the bill be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: SB 6 am Return to Second for Specific Amendment YEAS: 15 NAYS: 3 EXCUSED: 1 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Kelly, Leman, Torgerson Excused: Salo Absent: Frank and so, the bill was returned to second reading. Senator Donley offered Amendment No. 2 : Delete bill sec. 3 in its entirety and insert: "* Sec. 3. AS28.01.010 is amended by adding a new subsection to read: (h) A municipality may not (1) issue a citation for a traffic offense unless the citation complies with the provisions of AS12.25.200; (2) enact a parking citation trial or appeal process unless the trial or appeal process and fees charged for it are substantially similar to the applicable trial or appeal process adopted by the Alaska Supreme Court or imposed by law; or (3) issue a citation for a traffic offense unless the citation is issued by a peace officer; this paragraph does not apply to a citation issued for a municipal traffic offense if the (A) municipality has established a scheduled amount of bail for the offense as provided under AS28.05.151(a); 1995-04-18 Senate Journal Page 1071 SB 6 (B) municipal traffic offense is also punishable as a traffic offense under state statute or regulation; and (C) fine imposed for the municipal traffic offense is not more than one-half of the fine imposed for the same traffic offense under the bail schedule established by the supreme court under AS28.05.151(a)." Senator Donley moved for the adoption of Amendment No. 2. Senator Kelly objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SB 6 am Second Reading Amendment No. 2 YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Lincoln, Miller, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Kelly, Leman, Pearce, Torgerson Excused: Salo and so, Amendment No. 2 was adopted. SENATE BILL NO. 6 am was automatically in third reading. The question to be reconsidered: "Shall SENATE BILL NO. 6 am "An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses" pass the Senate?" The roll was taken with the following result: 1995-04-18 Senate Journal Page 1072 SB 6 SB 6 am Third Reading - On Reconsideration YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Leman, Lincoln, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff Nays: Kelly, Torgerson Excused: Salo and so, SENATE BILL NO. 6 am passed the Senate on reconsideration and was referred to the Secretary for engrossment. CONSIDERATION OF THE CALENDAR CONTINUED THIRD READING OF SENATE BILLS SB 135 SENATE BILL NO. 135 am "An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals; and providing for an effective date" was read the third time. Senator Frank moved that the Senate return to second reading for the purpose of rescinding its previous action in adopting Amendment No. 2. Without objection, the bill was returned to second reading. Senator Frank moved that the Senate rescind its previous action in adopting Amendment No. 2. The question being: "Shall the Senate rescind its previous action in adopting Amendment No. 2?" The roll was taken with the following result: 1995-04-18 Senate Journal Page 1073 SB 135 SB 135 am Rescind Previous Action Amendment No. 2 YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Zharoff Excused: Salo and so, the Senate rescinded its previous action. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SB 135 am Amendment No. 2 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Salo Phillips changed from "Yea" to "Nay". Kelly changed from "Yea" to "Nay". and so, Amendment No. 2 failed. SENATE BILL NO. 135 am was automatically in third reading. The question being: "Shall SENATE BILL NO. 135 am "An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1995-04-18 Senate Journal Page 1074 SB 135 SB 135 am Third Reading - Final Passage YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Zharoff Excused: Salo and so, SENATE BILL NO. 135 am 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: CSSB 135 am Effective Date Vote YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Zharoff Excused: Salo Zharoff changed from "Yea" to "Nay". and so, the effective date clause failed. Senator Duncan gave notice of reconsideration. 1995-04-18 Senate Journal Page 1075 CITATIONS Celebrating West High School Science Wing Completion Senator(s) Ellis, Pearce, Leman, Zharoff, Rieger, Duncan, Lincoln, Taylor, Salo, Kelly, Donley Honoring - Alaska Pro Bono Program Representative(s) Robinson, Brice, Brown, Davies, B. Davis, Elton, Finkelstein, Grussendorf, Kubina, Navarre, Nicholia, Willis, Barnes, Mackie Senator(s) Duncan, Pearce, Ellis, Zharoff, Rieger, Lincoln, Taylor, Salo, Adams, Donley Honoring - Colony High Boys Cross Country Track Team, 1994 Alaska State 4-A Champions Senator(s) Green, Pearce, Halford, Leman, Rieger, Duncan, Lincoln, Taylor, Kelly Representative(s) Ogan Honoring - Colony High Girls Cross Country Track Team, 1994 Alaska State 4-A Champions Senator(s) Green, Pearce, Halford, Leman, Rieger, Duncan, Lincoln, Taylor, Kelly Representative(s) Ogan In Memoriam - James Lauri Sarvela Representative(s) Grussendorf Senator(s) Taylor, Zharoff, Duncan, Lincoln, Salo, Kelly Senator Halford moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. UNFINISHED BUSINESS SB 121 Senator Halford moved and asked unanimous consent that the reconsideration on SENATE BILL NO. 121 "An Act making an appropriation for deferred maintenance for the University of Alaska; and providing for an effective date" be held to April 19. Without objection, it was so ordered. 1995-04-18 Senate Journal Page 1076 RECONSIDERATION OF SENATE RESOLUTIONS SJR 19 Senator Miller requested that the reconsideration on CS FOR SENATE JOINT RESOLUTION NO. 19(RES) Requesting the Congress to amend the Alaska National Interest Lands Conservation Act to clarify that the term "public lands" means only federal land and water and that any extension of federal jurisdiction onto adjacent land and water is expressly prohibited, be taken up. CS FOR SENATE JOINT RESOLUTION NO. 19(RES) was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE JOINT RESOLUTION NO. 19(RES) Requesting the Congress to amend the Alaska National Interest Lands Conservation Act to clarify that the term "public lands" means only federal land and water and that any extension of federal jurisdiction onto adjacent land and water is expressly prohibited, pass the Senate?" The roll was taken with the following result: CSSJR 19(RES) Third Reading - On Reconsideration YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Zharoff Excused: Salo and so, CS FOR SENATE JOINT RESOLUTION NO. 19(RES) passed the Senate on reconsideration and was referred to the Secretary for engrossment. ANNOUNCEMENTS Announcements are at the end of the journal. 1995-04-18 Senate Journal Page 1077 ENGROSSMENT SJR 19 CS FOR SENATE JOINT RESOLUTION NO. 19(RES) Requesting the Congress to amend the Alaska National Interest Lands Conservation Act to clarify that the term "public lands" means only federal land and water and that any extension of federal jurisdiction onto adjacent land and water is expressly prohibited, was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 6 SENATE BILL NO. 6 am "An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. ENROLLMENT SB 62 SENATE BILL NO. 62 "An Act relating to birth certificates for certain foreign born persons who are adopted" was signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 8:15 a.m., April 14, 1995. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 4:00 p.m., April 19, 1995. Without objection, the Senate adjourned at 4:51 p.m. Nancy Quinto Secretary of the Senate April 1995 1995-04-18 Senate Journal Page 1078 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 19 WEDNESDAY 1:30 PM -- TELECONFERENCE -- SB 79 ADJUSTMENTS FOR DEFECTIVE SURVEY HB 80 DNR APPROVAL OF PLATS IN UNORG BOROUGH APR 21 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 APR 18 TUESDAY 0:00 AM -- MEETING POSTPONED TO 11:00 AM 04/19/95 -- HB 100 APPROP: FY 96 OPERATING & LOAN BUDGET APR 19 WEDNESDAY 8:00 AM ***JOINT SENATE & HOUSE FINANCE MEETING*** SPRING REVENUE FORECAST BY CHUCK LOGSDON, CHIEF PETROLEUM ECONOMIST, OIL & GAS AUDIT DIVISION, DEPARTMENT OF REVENUE APR 19 WEDNESDAY 9:00 AM SB 105 PARENTAL CONSENT BEFORE MINOR'S ABORTION SB 123 POSTSECONDARY EDUCATION PROGRAMS SB 142 HUMAN RESOURCE INVESTMENT COUNCIL <PENDING REFERRAL> SB 152 GEOGRAPHIC PAY DIFFERENTIALS SJR 21 ANWR SPECIAL REVENUE FUND HB 108 USE PFD'S TO RECOVER WELFARE OVERPAYMENTS HB 124 ABOLISH BD OF NURSING HOME ADMINISTRATORS 1995-04-18 Senate Journal Page 1079 FINANCE CONTINUED APR 19 WEDNESDAY 9:00 AM BELOW BILLS PREVIOUSLY SCHEDULED: SB 132 JUDICIAL REVIEW:TEACHER TENURE DECISIONS SB 64 CONVERT AK RR TO PRIVATE CORPORATION SB 131 INVESTMENTS BY FIDUCIARIES SB 148 STATE EMP DEFINED CONTRIB RETIREMENT PROG SJR 14 CONFIRMATION OF MEMBERS OF PUBLIC CORP <PENDING REFERRAL> SB 70 PUBLIC SCHOOL FOUNDATION PROGRAM APR 19 WEDNESDAY 11:00 AM -- RESCHEDULED FROM 04/18/95 -- HB 100 APPROP: FY 96 OPERATING & LOAN BUDGET APR 20 THURSDAY 9:00 AM BILLS PREVIOUSLY SCHEDULED APR 21 FRIDAY 9:00 AM SB 136 APPROP: FY 96 CAPITAL PROJECTS BUDGET BILLS PREVIOUSLY SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 19 WEDNESDAY 9:00 AM -- TELECONFERENCE -- SB 138 TUBERCULOSIS CONTROL HB 125 JUVENILE CRIMINAL RECORDS TO SCHOOLS HB 214 MEDICAL RECORDS IN ELECTRONIC FORM APR 21 FRIDAY 9:00 AM CONFIRMATION HEARING FOR APPOINTMENTS TO THE UNIVERSITY OF ALASKA BOARD OF REGENTS: CHANCY CROFT AND JOE J. THOMAS BILLS PREVIOUSLY HEARD ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 19 WEDNESDAY 1:30 PM HB 115 DAMAGES & ATTY FEES FOR UNPAID WAGES <TELECONFERENCE ON ABOVE BILL> SB 95 INSURANCE AGAINST UNINSURED DRIVERS <TELECONFERENCE ON ABOVE BILL> SJR 14 CONFIRMATION OF MEMBERS OF PUBLIC CORP BILLS PREVIOUSLY HEARD: HB 150 RECEIPTS FOR BAIL FORFEITURES <TELECONFERENCE ON ABOVE BILL> 1995-04-18 Senate Journal Page 1080 JUDICIARY CONTINUED APR 19 WEDNESDAY 1:30 PM HB 151 MAGISTRATE PRESUMPTIVE DEATH JURISDICTION <TELECONFERENCE ON ABOVE BILL> HB 153 BONDS FOR JUDGES <TELECONFERENCE ON ABOVE BILL> HB 23 REFERRALS INVOLVING DENTAL SERVICES <TELECONFERENCE ON ABOVE BILL> APR 21 FRIDAY 1:30 PM HJR 1 REPEAL OF REGULATIONS BY LEGISLATURE HJR 5 LIMITING TERMS OF STATE LEGISLATORS SB 154 AGGRAVATING FACTORS AT SENTENCING SB 155 DO JAIL TIME BY ELECTRONIC MONITORING HB 42 ABSENTEE VOTING & USE OF FAX ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 APR 18 TUESDAY 1:30 PM NO MEETING SCHEDULED APR 20 THURSDAY 1:30 PM HB 46 ARCHITECT, ENGINEER & SURVEYOR REGULATION SB 28 MOTOR VEHICLE REG FEE/EMISS'N INSPECTIONS <PENDING REFERRAL> HB 220 ALASKA TOURISM MARKETING COUNCIL APR 25 TUESDAY 1:30 PM CONFIRMATION HEARINGS SB 158 PHARMACISTS AND PHARMACIES HB 231 INTERVIEWS BY THE STATE MEDICAL BOARD HB 168 PERMITS FOR NONRESIDENT OPTOMETRISTS ---------------------------------------- RESOURCES BUTROVICH ROOM 205 APR 19 WEDNESDAY 3:30 PM SR 2 OPPOSE COAL AS HAZARDOUS/NOXIOUS SUBSTNCE <ABOVE BILL HELD FROM 4/12/95> SB 130 MARINE PILOTS <ABOVE BILL HELD FROM 4/12/95> MINING OVERVIEW: PRESENTATIONS BY MINING COMPANIES IN ALASKA AND BY THE ALASKA MINERALS COMMISSION ABOUT THE VIABILITY OF THE MINING INDUSTRY HB 197 MINERAL EXPLORATION INCENTIVE CREDITS 1995-04-18 Senate Journal Page 1081 RESOURCES CONTINUED APR 21 FRIDAY 3:30 PM HB 140 SMALL FISH PROCESSOR SURETY BONDS HB 141 TERM OF FISH & GAME BOARD MEMBERS HB 107 RESTRICTED LIMITED ENTRY PERMITS HB 102 EXTEND BIG GAME COMMERCIAL SERVICES BOARD HB 207 ADJUSTMENTS TO OIL AND GAS ROYALTIES <PENDING REFERRAL> BILLS PREVIOUSLY HEARD ---------------------------------------- RULES FAHRENKAMP ROOM 203 APR 18 TUESDAY 0:00 AM -- MEETING CANCELLED -- HB 100 APPROP: FY 96 OPERATING & LOAN BUDGET <PENDING REFERRAL> TO MEET UPON ADJOURNMENT APR 19 WEDNESDAY 0:00 AM HB 100 APPROP: FY 96 OPERATING & LOAN BUDGET <PENDING REFERRAL> HB 173 REPORTS TO THE LEGISLATURE HB 183 FINANCING IMPROVEMENTS BY LEASE/PURCHASE SB 54 ELECTRIC UTIL & SOLID WASTE REMOVAL TO MEET UPON ADJOURNMENT ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 APR 18 TUESDAY 3:30 PM HB 164 ESTABLISH PEARL HARBOR DAY SR 1 DAY OF PRAYER IN ALASKA SB 150 DUTCH HARBOR REMEMBRANCE DAY SJR 18 CREATION OF ARCTIC COUNCIL SB 143 AHFC TRANSFERS TO GENERAL FUND; BONDS SB 144 FINANCING REPAIR/REHAB OF U AK BLDGS BILLS PREVIOUSLY HEARD APR 20 THURSDAY 3:30 PM SB 141 LEGISLATIVE ETHICS <TELECONFERENCE ON ABOVE BILL> SB 118 TAX CREDIT: GIFTS TO PUBLIC BROADCASTING BILLS PREVIOUSLY HEARD ---------------------------------------- 1995-04-18 Senate Journal Page 1082 TRANSPORTATION BUTROVICH ROOM 205 APR 18 TUESDAY 1:30 PM -- TELECONFERENCE -- SB 28 MOTOR VEHICLE REG FEE/EMISS'N INSPECTIONS APR 20 THURSDAY 1:30 PM BILLS PREVIOUSLY HEARD JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 APR 20 THURSDAY 4:00 PM REVIEW OF AUDITS AND RPLS OTHER COMMITTEES MAJORITY CAUCUS BUTROVICH ROOM 205 APR 18 TUESDAY 2:35 AM MAJORITY CAUCUS APR 18 TUESDAY 5:00 PM MAJORITY CAUCUS