Legislature(1995 - 1996)
1995-05-03 Senate Journal
Full Journal pdf1995-05-03 Senate Journal Page 1469 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Wednesday May 3, 1995 One Hundred Eighth Day Pursuant to adjournment the Senate was called to order by President Pearce at 10:31 a.m. The roll showed sixteen members present. Senators Duncan, Frank, Lincoln, Salo were absent. The prayer was offered by the Chaplain, Pastor Greg Lindsay of the Northern Light United Church. Senator Adams moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. God of love and infinite compassion, we thank You for this day, which You offer to us as a gift. Calm us as we begin our deliberation; but empower us to do what is right and just. Guide our minds as we study the issues; nudge our hearts as we seek compassionate solutions. Let us always remember those who are in need. We thank You, most generous God, for the gift of life. Amen. Senator Zharoff led the Senate in the pledge of allegiance. The presence of Senators Duncan, Lincoln was noted. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the one hundred seventh legislative day be approved as certified by the Secretary. Senator Duncan objected. 1469 1995-05-03 Senate Journal Page 1470 The presence of Senator Frank was noted. Senator Duncan called the Senate. The call was satisfied. Senator Duncan withdrew his objection. There being no further objections, the journal was approved as certified. MESSAGES FROM THE HOUSE Message of May 2 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 122 CS FOR HOUSE BILL NO. 122(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: "An Act imposing a reporting requirement on certain sales, transfers, and consumption or uses of motor fuel, increasing the motor fuel tax on motor fuel used in and on watercraft, and authorizing payment of a portion of that tax as refunds to municipalities; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 202 CS FOR HOUSE BILL NO. 202(HES) BY THE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE, entitled: "An Act relating to the participation and accountability of parents and guardians and the enforcement of restitution orders entered in juvenile delinquency proceedings; relating to claims on permanent fund dividends for certain court-ordered treatment in juvenile delinquency proceedings; and amending Alaska Delinquency Rules 3(b) and 8(b); and providing for an effective date." 1995-05-03 Senate Journal Page 1471 HB 202 was read the first time and referred to the Health, Education and Social Services, Judiciary and Finance Committees. STANDING COMMITTEE REPORTS HB 237 The Judiciary Committee considered CS FOR HOUSE BILL NO. 237(JUD) am "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to confidentiality of workers' compensation medical and rehabilitation information; to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits; to workers' compensation death benefits; to computation of workers' compensation benefits; to penalties for fraudulent acts related to workers' compensation; to immunity for employer workplace safety inspections related to workers' compensation insurance; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 237(JUD) Signing do pass: Senator Taylor, Chair. Signing do not pass: Senator Adams. Signing no recommendation: Senators Green, Miller, Ellis. Previous House zero fiscal notes. The bill was referred to the Rules Committee. SR 3 The Rules Committee considered SENATE RESOLUTION NO. 3 Relating to the conversion of the Naval Air Facility in Adak. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. The resolution is on today's calendar. 1995-05-03 Senate Journal Page 1472 SB 115 The Rules Committee considered SENATE BILL NO. 115 "An Act relating to the establishment, modification, and enforcement of support orders and the determination of parentage in situations involving more than one state; amending Alaska Rule of Administration 9; amending Alaska Rules of Civil Procedure 79 and 82; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. Signing under other recommendations: Senator Duncan. The bill is on today's calendar. SB 136 The Rules Committee considered SENATE BILL NO. 136 "An Act making appropriations for capital project matching grant funds and to capitalize funds; making, amending, and repealing capital appropriations; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Signing no recommendation: Senator Duncan. Signing under other recommendations: Senator Salo. The bill is on today's calendar. HB 169 The Rules 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." Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. The bill is on today's calendar. HB 197 The Rules Committee considered CS FOR HOUSE BILL NO. 197(RES) "An Act providing for exploration incentive credits for activities involving locatable and leasable mineral and coal deposits on certain land in the state; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo, Duncan. The bill is on today's calendar. 1995-05-03 Senate Journal Page 1473 HB 320 The Rules Committee considered HOUSE BILL NO. 320 "An Act approving the sale of Prudhoe Bay Unit royalty oil by the State of Alaska to Tesoro Alaska Petroleum Company; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo, Duncan. The bill is on today's calendar. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 115 SENATE BILL NO. 115 "An Act relating to the establishment, modification, and enforcement of support orders and the determination of parentage in situations involving more than one state; amending Alaska Rule of Administration 9; amending Alaska Rules of Civil Procedure 79 and 82; 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 1405. Senator Ellis objected. The question being: "Shall the Finance Committee Substitute be adopted?" The roll was taken with the following result: SB 115 Second Reading Adopt Finance Committee Substitute? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff 1995-05-03 Senate Journal Page 1474 SB 115 and so, CS FOR SENATE BILL NO. 115(FIN) "An Act repealing the Uniform Reciprocal Enforcement of Support Act; enacting the Uniform Interstate Family Support Act; relating to administrative establishment and disestablishment of paternity and establishing paternity by affidavit; relating to child support enforcement; amending Alaska Rules of Civil Procedure 79, 82, and 90.3(h)(2); and providing for an effective date" was adopted and read the second time. Senator Halford moved and asked unanimous consent that the bill be placed at the bottom of today's calendar. Without objection, CS FOR SENATE BILL NO. 115(FIN) was placed at the bottom of today's calendar. SB 136 SENATE BILL NO. 136 "An Act making appropriations for capital project matching grant funds and to capitalize funds; making, amending, and repealing capital appropriations; 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 1406. Senator Duncan objected. The question being: "Shall the Finance Committee Substitute be adopted?" The roll was taken with the following result: SB 136 Second Reading Adopt Finance Committee Substitute? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff 1995-05-03 Senate Journal Page 1475 SB 136 and so, CS FOR SENATE BILL NO. 136(FIN) "An Act making and amending appropriations; and providing for an effective date" was adopted and read the second time. Senator Salo offered Amendment No. 1 : Page 2, line 20: Insert new section; renumber remaining sections accordingly. SEC. 5(a) The sum of $711,114,140 is appropriated from the general fund and from other funds in the amounts listed to the Department of Education for the purposes expressed and allocated in the amount listed for operating expenditures for the fiscal year ending June 30, 1996: FUND SOURCEAMOUNT General Fund 652,199,840 General Fund/Mental Health Trust8,073,600 Public School Trust Fund (AS 37.14.110)5,394,700 School Fund 2,655,000 Federal Receipts P.L. 81-87420,791,000 Federal Receipts other than P.L. 81-87422,000,000 PURPOSE ALLOCATION AMOUNT Foundation Program643,401,900 Child Nutrition/Student Lunch Program22,000,000 Cigarette Tax Distribution2,655,000 Tuition Students1,731,200 Boarding Home Grants185,900 Youth in Detention800,000 Pupil Transportation32,842,200 Schools for the Handicapped3,705,200 Community Schools600,000 Additional District Support3,192,740 (b) The amount allocated under (a) of this section for additional district support is further allocated to the following school districts in the amounts listed: 1995-05-03 Senate Journal Page 1476 SB 136 SCHOOL DISTRICTALLOCATION AMOUNT Annette Island School District166,530 Cordova School District217,160 Craig City School District151,890 Dillingham City School District250,100 Galena City School District156,160 Hoonah City School District126,270 Hydaburg City School District102,480 Kake City School District136,640 Kashunamiut School District206,180 Klawock City School District158,600 Nenana City School District164,090 Nome City School District264,740 Pelican City School District56,730 Petersburg City School District199,470 St. Mary's School District119,560 Skagway City School District115,290 Tanana City School District122,000 Unalaska City School District200,690 Wrangell City School District151,890 Yakutat City School District126,270 Senator Salo moved for the adoption of Amendment No. 1. Objections were heard. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 136(FIN) Second Reading Amendment No. 1 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson and so, Amendment No. 1 failed. 1995-05-03 Senate Journal Page 1477 Senator Pearce lifted the call. #END SB 136 Senator Miller moved and asked unanimous consent that the bill with amendments pending be placed at the bottom of today's calendar. Without objection, CS FOR SENATE BILL NO. 136(FIN) was placed at the bottom of today's calendar. Senator Salo moved and asked unanimous consent that the Senate advance to Unfinished Business. Without objection, the Senate advanced to: UNFINISHED BUSINESS CITATIONS Senator Salo moved and asked unanimous consent that the notice and publication requirements be waived and the following citation be made a special order of business. Without objection, it was so ordered. SPECIAL ORDER OF BUSINESS In Memoriam - George Robert "Bob" Douglas Senator(s) Salo, Sharp, Zharoff, Duncan, Lincoln Senator Salo moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. Senator Halford moved and asked unanimous consent that the Senate return to today's calendar. Without objection, the Senate returned to: CONSIDERATION OF THE CALENDAR CONTINUED SECOND READING OF HOUSE BILLS HB 197 CS FOR HOUSE BILL NO. 197(RES) "An Act providing for exploration incentive credits for activities involving locatable and leasable mineral and coal deposits on certain land in the state; and providing for an effective date" was read the second time. 1995-05-03 Senate Journal Page 1478 HB 197 Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1418. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 197(FIN) was adopted and read the second time. Senator Lincoln offered Amendment No. 1 : Page 1, line 9, after "for": Insert "50 percent of" Senator Lincoln moved for the adoption of Amendment No. 1. Objections were heard. Senator Duncan called the Senate. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 197(FIN) Second Reading Amendment No. 1 YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Duncan, Ellis, Lincoln, Salo, Zharoff Nays: Adams, Donley, Frank, Green, Halford, Hoffman, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson and so, Amendment No. 1 failed. Senator Halford moved that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. Senator Duncan lifted the call. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 1:07 p.m. 1995-05-03 Senate Journal Page 1479 AFTER RECESS The Senate reconvened at 8:40 p.m. HB 197 The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: SCS CSHB 197(FIN) Advance from Second to Third Reading? YEAS: 11 NAYS: 8 EXCUSED: 0 ABSENT: 1 Yeas: Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Absent: Kelly and so, the bill failed to advance to third reading. SENATE CS FOR CS FOR HOUSE BILL NO. 197(FIN) will appear on the May 4 calendar. HB 169 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" was read the second time. Senator Lincoln offered Amendment No. 1 : Page 1, line 4: Delete "a new subsection" Insert "new subsections" 1995-05-03 Senate Journal Page 1480 HB 169 Page 1, following line 11: Insert a new subsection to read: "(c) Subsection (b) of this section does not alter or diminish the authority of another state agency, a state corporation, the University of Alaska, or a municipality under its laws and regulations." Senator Lincoln moved for the adoption of Amendment No. 1. Objections were heard. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 169(RES) Second Reading Amendment No. 1 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson and so, Amendment No. 1 failed. Senator Lincoln offered Amendment No. 2 : Page 1, lines 10 - 11: Delete "and draw upon the mining expertise of the department." Insert "the department and draw upon and give due deference to the department's mining expertise." Senator Lincoln moved for the adoption of Amendment No. 2. Senator Sharp objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 1995-05-03 Senate Journal Page 1481 HB 169 CSHB 169(RES) Second Reading Amendment No. 2 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, R.Phillips, Rieger, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Sharp, Taylor, Torgerson and so, Amendment No. 2 failed. Senators Halford, Phillips, Frank, Sharp, Kelly, Leman, Miller, Taylor, Green, Torgerson, Pearce moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Halford moved that the bill be advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: CSHB 169(RES) Advance from Second to Third Reading? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, the bill failed to advance to third reading. CS FOR HOUSE BILL NO. 169(RES) will appear on the May 4 calendar. 1995-05-03 Senate Journal Page 1482 HB 320 HOUSE BILL NO. 320 "An Act approving the sale of Prudhoe Bay Unit royalty oil by the State of Alaska to Tesoro Alaska Petroleum Company; and providing for an effective date" was read the second time. Senator Halford moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 320 was read the third time. The question being: "Shall HOUSE BILL NO. 320 "An Act approving the sale of Prudhoe Bay Unit royalty oil by the State of Alaska to Tesoro Alaska Petroleum Company; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 320 Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, HOUSE BILL NO. 320 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 and the bill was signed by the President and Secretary and returned to the House. 1995-05-03 Senate Journal Page 1483 THIRD READING OF SENATE BILLS SB 148 CS FOR SENATE BILL NO. 148(RLS) "An Act relating to contributions and benefits in the teachers' retirement system and in the public employees' retirement system; relating to retirement incentive programs for the public employees' retirement system, the judicial retirement system, and the teachers' retirement system; relating to separation incentives for certain state employees; repealing a provision permitting the National Education Association to participate in the teachers' retirement system; and providing for an effective date" was read the third time. Senator Taylor moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 12. Senator Duncan objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. Senator Taylor offered Amendment No. 12 : Page 1, lines 3 - 4: Delete ", the judicial retirement system," Page 14, line 11: Delete "SECS. 25 - 39" Insert "SECS. 25 - 38" Page 14, line 16: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 14, line 17: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 14, lines 30 - 31: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 15, line 10: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 16, line 1: Delete "secs. 25 - 39" Insert "secs. 25 - 38" 1995-05-03 Senate Journal Page 1484 SB 148 Page 16, line 9: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 16, line 18: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 19, line 17: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 20, line 23: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 21, line 5, through page 22, line 24: Delete all material. Renumber the following bill sections accordingly. Page 22, line 29: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 22, line 30: Delete "or 33(e)" Page 23, lines 1 - 2: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 23, line 4: Delete "or sec. 33(d)" Page 23, line 10: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 23, line 23: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 25, line 23: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 25, line 31: Delete "secs. 25 - 39" Insert "secs. 25 - 38" 1995-05-03 Senate Journal Page 1485 SB 148 Page 26, line 10: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 26, line 12: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 26, line 14: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 26, line 22: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 26, line 23: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 26, line 24: Delete "secs. 26 - 34" Insert "secs. 26 - 33" Page 26, line 27: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 26, line 28: Delete "secs. 26 - 34" Insert "secs. 26 - 33" Page 26, line 30, through page 27, line 1: Delete all material. Reletter the following subsection accordingly. Page 27, line 2: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Page 27, lines 3 - 4: Delete all material. Renumber the following paragraphs accordingly. Page 27, line 26: Delete "and 35" Insert "and 34" 1995-05-03 Senate Journal Page 1486 SB 148 Page 27, line 27: Delete "and 33" Page 27, line 28: Delete "secs. 25 - 39" Insert "secs. 25 - 38" Senator Taylor moved for the adoption of Amendment No. 12. Objections were heard. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSSB 148(RLS) Second Reading Amendment No. 12 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Leman, Miller, Pearce, R.Phillips, Rieger, Taylor Nays: Adams, Donley, Duncan, Ellis, Green, Hoffman, Kelly, Lincoln, Salo, Sharp, Torgerson, Zharoff and so, Amendment No. 12 failed. CS FOR SENATE BILL NO. 148(RLS) was automatically in third reading. Senator Pearce called the Senate. The Senate stood at ease at 9:13 p.m. The Senate returned at 9:44 p.m. 1995-05-03 Senate Journal Page 1487 SB 148 Senator Halford moved and asked unanimous consent that the Senate return to second reading for the purpose of rescinding its previous action in failing to adopt Amendment No. 12. Without objection, it was so ordered. Senator Halford moved that the Senate rescind its previous action in failing to adopt Amendment No. 12. Senator Duncan objected. The question being: "Shall the Senate rescind its previous action in failing to adopt Amendment No. 12?" The roll was taken with the following result: CSSB 148(RLS) Rescind Previous Action YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Salo, Zharoff and so, the Senate rescinded its previous action. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSSB 148(RLS) Second Reading Amendment No. 12 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Salo, Zharoff and so, Amendment No. 12 was adopted. 1995-05-03 Senate Journal Page 1488 SB 148 CS FOR SENATE BILL NO. 148(RLS) am was automatically in third reading. The question being: "Shall CS FOR SENATE BILL NO. 148(RLS) am "An Act relating to contributions and benefits in the teachers' retirement system and in the public employees' retirement system; relating to retirement incentive programs for the public employees' retirement system, and the teachers' retirement system; relating to separation incentives for certain state employees; repealing a provision permitting the National Education Association to participate in the teachers' retirement system; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 148(RLS) am Third Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Salo, Zharoff and so, CS FOR SENATE BILL NO. 148(RLS) 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 148(RLS) am Effective Date Vote YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff 1995-05-03 Senate Journal Page 1489 SB 148 and so, the effective date clause failed. Senator Duncan gave notice of reconsideration. THIRD READING OF HOUSE BILLS HB 208 CS FOR HOUSE BILL NO. 208(FSH) "An Act relating to seafood processing permits and hazard analysis critical control point plans; relating to seafood processing plans of operation and quality assurance plans; and providing for an effective date" was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 208(FSH) "An Act relating to seafood processing permits and hazard analysis critical control point plans; relating to seafood processing plans of operation and quality assurance plans; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 208(FSH) Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, CS FOR HOUSE BILL NO. 208 (FSH) 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 and the bill was signed by the President and Secretary and returned to the House. Senators Lincoln, Hoffman moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. 1995-05-03 Senate Journal Page 1490 HB 214 HOUSE BILL NO. 214 am "An Act relating to the maintenance by health care providers of medical records in an electronic format" was read the third time. The question being: "Shall HOUSE BILL NO. 214 am "An Act relating to the maintenance by health care providers of medical records in an electronic format" pass the Senate?" The roll was taken with the following result: HB 214 am 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, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, HOUSE BILL NO. 214 am passed the Senate, was signed by the President and Secretary and returned to the House. SENATE BILLS IN THIRD READING 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 before the Senate in third reading on reconsideration. Senator Halford moved and asked unanimous consent that the reconsideration on SENATE BILL NO. 121 be held to the May 4 calendar. Without objection, it was so ordered. SENATE BILL NO. 121 will appear in third reading on reconsideration on the May 4 calendar. 1995-05-03 Senate Journal Page 1491 SECOND READING OF SENATE RESOLUTIONS SR 3 SENATE RESOLUTION NO. 3 Relating to the conversion of the Naval Air Facility in Adak, was read the second time and was before the Senate on final passage. Senators Leman, Taylor, Zharoff, Duncan moved and asked unanimous consent that they be shown as cosponsors on the resolution. Without objection, it was so ordered. The question being: "Shall SENATE RESOLUTION NO. 3 Relating to the conversion of the Naval Air Facility in Adak, pass the Senate?" The roll was taken with the following result: SR 3 Final Passage YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, SENATE RESOLUTION NO. 3 passed the Senate and was referred to the Secretary for engrossment and enrollment. SECOND READING OF SENATE BILLS SB 115 CS FOR SENATE BILL NO. 115(FIN) "An Act repealing the Uniform Reciprocal Enforcement of Support Act; enacting the Uniform Interstate Family Support Act; relating to administrative establishment and disestablishment of paternity and establishing paternity by affidavit; relating to child support enforcement; amending Alaska Rules of Civil Procedure 79, 82, and 90.3(h)(2); and providing for an effective date" which had been placed at the bottom of the calendar (page 1474) was before the Senate in second reading. 1995-05-03 Senate Journal Page 1492 SB 115 Senator Halford offered Amendment No. 1 : Page 26, line 17, after "paternity": Insert "under AS25.27.165 - 25.27.166" Page 27, line 10, after "administratively": Insert "under AS25.27.165 - 25.27.166" Page 30, line 30, after "state": Insert "other than by court order" Senator Halford 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. 115(FIN) am was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 115(FIN) am "An Act repealing the Uniform Reciprocal Enforcement of Support Act; enacting the Uniform Interstate Family Support Act; relating to administrative establishment and disestablishment of paternity and establishing paternity by affidavit; relating to child support enforcement; amending Alaska Rules of Civil Procedure 79, 82, and 90.3(h)(2); and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 115(FIN) am Third Reading - Final Passage Effective Dates Court Rule Changes YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Taylor, Torgerson Nays: Adams, Duncan, Hoffman, Lincoln, Salo, Sharp, Zharoff 1995-05-03 Senate Journal Page 1493 SB 115 Zharoff changed from "Yea" to "Nay". and so, CS FOR SENATE BILL NO. 115(FIN) am passed the Senate. Senator Halford moved the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: CSSB 115(FIN) am Effective Dates Vote YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, the effective date clauses were adopted. Senator Halford moved the Court Rule changes. The question being: "Shall the Court Rule changes be adopted?" The roll was taken with the following result: CSSB 115(FIN) am Adopt Court Rules? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, the Court Rule changes were adopted. SB 136 CS FOR SENATE BILL NO. 136(FIN) "An Act making and amending appropriations; and providing for an effective date" which had been placed at the bottom of the calendar was before the Senate in second reading. 1995-05-03 Senate Journal Page 1494 SB 136 Senator Halford moved and asked unanimous consent that the bill with amendments pending, be held in second reading to the May 4 calendar. Without objection, it was so ordered. RECONSIDERATION OF SENATE BILLS SB 115 Senator Duncan gave notice of reconsideration on CS FOR SENATE BILL NO. 115(FIN) am "An Act repealing the Uniform Reciprocal Enforcement of Support Act; enacting the Uniform Interstate Family Support Act; relating to administrative establishment and disestablishment of paternity and establishing paternity by affidavit; relating to child support enforcement; amending Alaska Rules of Civil Procedure 79, 82, and 90.3(h)(2); and providing for an effective date" and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered. CS FOR SENATE BILL NO. 115(FIN) am was before the Senate in third reading on reconsideration. Senator Halford moved and asked unanimous consent that the Senate Finance Committee Letter of Intent offered on page 1405 be adopted. Without objection, the Senate Letter of Intent was adopted. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 115(FIN) am "An Act repealing the Uniform Reciprocal Enforcement of Support Act; enacting the Uniform Interstate Family Support Act; relating to administrative establishment and disestablishment of paternity and establishing paternity by affidavit; relating to child support enforcement; amending Alaska Rules of Civil Procedure 79, 82, and 90.3(h)(2); and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1995-05-03 Senate Journal Page 1495 SB 115 CSSB 115(FIN) am Third Reading - On Reconsideration Effective Dates Court Rule Changes YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Taylor, Torgerson, Zharoff Nays: Sharp and so, CS FOR SENATE BILL NO. 115(FIN) am passed the Senate on reconsideration. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the Court Rule changes and effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. CITATIONS Honoring - George V. "Corky" McCorkle Senator(s) Zharoff, Pearce, Taylor, Kelly, Lincoln, Hoffman Representative(s) Austerman Honoring - Sharon Clausen, Anchorage Teacher of the Month Representative(s) Bunde Senator(s) Halford, Leman, Salo, Duncan, Donley, Pearce, Taylor, Zharoff, Kelly, Rieger Lincoln, Ellis Honoring - Matanuska Telephone Association, Forty Years of Service Representative(s) Willis, Kohring, Masek Senator(s) Halford, Phillips, Green, Leman, Salo, Duncan, Pearce, Taylor, Zharoff, Kelly, Lincoln, Rieger, Hoffman Honoring - Hoonah Patch Project Senator(s) Zharoff, Duncan, Taylor, Kelly, Rieger, Lincoln, Hoffman, Pearce 1995-05-03 Senate Journal Page 1496 In Memoriam - Floyd H. Wheeler Representative(s) Foster Senator(s) Adams, Halford, Duncan, Taylor, Zharoff, Kelly, Lincoln, Hoffman In Memoriam - Daniel C. Schneringer Representative(s) Moses, G. Phillips, Elton, Kubina, Ivan Senator(s) Leman, Duncan, Taylor, Zharoff, Lincoln, Hoffman, Kelly In Memoriam - Elton Merle Anderson Representative(s) G. Phillips Senator(s) Torgerson, Halford, Leman, Duncan, Pearce, Taylor, Zharoff, Lincoln, 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 HB 159 Senator Sharp, Chair, moved and asked unanimous consent that the State Affairs Committee referral be waived on CS FOR HOUSE BILL NO. 159(JUD) "An Act allowing a person under age 21 to be arrested by a peace officer without a warrant for illegal possession, consumption, or control of alcohol; relating to the offenses of driving while intoxicated and failure to submit to a chemical test of breath or blood; and providing for an effective date." Without objection, CS FOR HOUSE BILL NO. 159(JUD) was referred to the Finance Committee. HB 130 Senator Sharp, Chair, moved and asked unanimous consent that the State Affairs Committee referral be waived on CS FOR HOUSE BILL NO. 130(FIN) am(reengrossed) "An Act relating to the adoption, amendment, and repeal of regulations." Without objection, CS FOR HOUSE BILL NO. 130(FIN) am(reengrossed) was referred to the Finance Committee. 1995-05-03 Senate Journal Page 1497 SB 167 Senator Taylor, Chair, moved and asked unanimous consent that the Judiciary Committee referral be waived on SENATE BILL NO. 167 "An Act relating to day fines in certain criminal cases and release of employment information for use in the collection of criminal judgments." Without objection, SENATE BILL NO. 167 was referred to the Finance Committee. Senator Adams moved and asked unanimous consent that he be excused from a call of the Senate from May 18 through June 2. President Pearce ruled the motion out of order. SB 130 The reconsideration on CS FOR SENATE BILL NO. 130(RLS) "An Act relating to marine pilots and the Board of Marine Pilots; extending the termination date of the Board of Marine Pilots; and providing for an effective date" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. SB 172 The reconsideration on SENATE BILL NO. 172 "An Act eliminating `monte carlo' nights as an authorized form of charitable gaming; and providing for an effective date" was not taken up this legislative day and the bill was referred to the Secretary for engrossment. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 115 CS FOR SENATE BILL NO. 115(FIN) am "An Act repealing the Uniform Reciprocal Enforcement of Support Act; enacting the Uniform Interstate Family Support Act; relating to administrative establishment and disestablishment of paternity and establishing paternity by affidavit; relating to child support enforcement; amending Alaska Rules of Civil Procedure 79, 82, and 90.3(h)(2); and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration with a Senate Letter of Intent. 1995-05-03 Senate Journal Page 1498 SB 130 CS FOR SENATE BILL NO. 130(RLS) "An Act relating to marine pilots and the Board of Marine Pilots; extending the termination date of the Board of Marine Pilots; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 172 SENATE BILL NO. 172 "An Act eliminating 'monte carlo' nights as an authorized form of charitable gaming; and providing for an effective date" 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., May 4, 1995. Without objection, the Senate adjourned at 11:16 p.m. Nancy Quinto Secretary of the Senate May 1995 1995-05-03 Senate Journal Page 1499 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 MAY 03 WEDNESDAY 1:30 PM BILLS AS ANNOUNCED BY THE CHAIR UNDER UNIFORM RULE 23(D) MAY 05 FRIDAY 1:30 PM BILLS AS ANNOUNCED BY THE CHAIR UNDER UNIFORM RULE 23(D) ---------------------------------------- FINANCE SENATE FINANCE 532 MAY 03 WEDNESDAY 1:00 PM HB 44 GAMING PROCEEDS/DEFINE CHARITABLE ORG'NS MAY 04 THURSDAY 0:00 AM HB 130 REGULATION ADOPTION PROCEDURES & REVIEW SB 167 DAY FINES & INFO FOR COLLECTING FINES TO MEET AT CALL OF CHAIR ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAY 04 THURSDAY 9:00 AM HB 182 DELEGATION OF DUTIES TO DENTAL ASSISTANTS ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAY 03 WEDNESDAY 9:00 AM HB 237 WORKERS' COMPENSATION AMENDMENTS BILLS PREVIOUSLY HEARD 1995-05-03 Senate Journal Page 1500 JUDICIARY CONTINUED MAY 03 WEDNESDAY 1:30 PM -- RESCHEDULED FROM 05/01/95 -- CONFIRMATION HEARINGS: COMMISSION ON JUDICIAL CONDUCT; PATRICK BROWN, JOANN HOLMES, ARTHUR PETERSON HB 38 SENTENCING;3RD SERIOUS FELONY OFFENDER HB 274 TUBERCULOSIS CONTROL HB 120 INDEMNIFICATION OF PUBLIC EMPLOYEES HB 158 CIVIL LIABILITY BILLS PREVIOUSLY HEARD ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAY 04 THURSDAY 1:30 PM -- TELECONFERENCE -- OVERVIEW ON BELOW BILL: SB 157 SMALL LOANS & RETAIL INSTALLMENT SALES ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAY 03 WEDNESDAY 0:00 AM CONTINUED UPON ADJOURNMENT OF RULES MEETING HB 195 REPEAL MILK MARKETING LAWS HJR 44 POSTAGE STAMP HONORING ALASKA SALMON SJR 23 POSTAGE STAMP HONORING ALASKA SALMON HJR 43 FISHING AND SUBSISTENCE IN GLACIER BAY <TELECONFERENCE ON ABOVE BILL - LISTEN ONLY> --FOLLOWING BILLS PREVIOUSLY HEARD HB 207 ADJUSTMENTS TO OIL AND GAS ROYALTIES <TELECONFERENCE ON ABOVE BILL - LISTEN ONLY> HB 141 TERM OF FISH BOARD MEMBERS MAY 05 FRIDAY 3:30 PM HJR 24 WASTE IN PACIFIC AND BERING SEA FISHERY HJR 38 MAGNUSON FISHERY CONSERVATION & MGMT ACT SJR 28 KENAI PENINSULA SUBSISTENCE PROPOSAL BILLS PREVIOUSLY HEARD ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAY 03 WEDNESDAY 11:15 PM HB 237 WORKERS' COMPENSATION AMENDMENTS HB 74 ASSAULT BY ADULTS ON CHILDREN ---------------------------------------- 1995-05-03 Senate Journal Page 1501 STATE AFFAIRS BELTZ ROOM 211 MAY 04 THURSDAY 3:30 PM BILLS PREVIOUSLY HEARD JOINT COMMITTEES LEGISLATIVE BUDGET & AUDIT HOUSE FINANCE 519 MAY 11 THURSDAY 9:00 AM REVIEW OF AUDIT REQUESTS, RPLS, DISCUSSION OF DRAFT BILL REPEALING MERGER OF AHFC, DCRA, AND ASHA HOUSING PROGRAMS ---------------------------------------- CONFERENCE COMMITTEE ON HB 100 SENATE FINANCE 532 MAY 03 WEDNESDAY 3:00 PM LAW, COMMERCE & ECONOMIC DEVELOPMENT, AND HEALTH & SOCIAL SERVICES OTHER COMMITTEES MAJORITY CAUCUS BUTROVICH ROOM 205 MAY 03 WEDNESDAY 11:15 AM MAJORITY CAUCUS MAY 03 WEDNESDAY 9:15 PM MAJORITY CAUCUS MAY 04 THURSDAY 10:00 AM MAJORITY CAUCUS