Legislature(1995 - 1996)
1995-05-07 Senate Journal
Full Journal pdf1995-05-07 Senate Journal Page 1557 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Sunday May 7, 1995 One Hundred Twelfth Day Pursuant to adjournment the Senate was called to order by President Pearce at 2:43 p.m. The roll showed sixteen members present. Senators Donley, Frank, Hoffman, Zharoff were absent. Senator Duncan moved and asked unanimous consent that Senator Donley be excused from a call of the Senate for the remainder of May 7. Without objection, Senator Donley was excused. The prayer was offered by the Chaplain, Senator Taylor. Senator Duncan led the Senate in the pledge of allegiance. The presence of Senators Zharoff, Hoffman was noted. MESSAGES FROM THE GOVERNOR SB 41 Message of May 5 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 41(JUD) "An Act relating to reports by fishing vessels that are not licensed under the laws of the state." Chapter 15, SLA 1995 Effective Date: 8/3/95 1557 1995-05-07 Senate Journal Page 1558 SB 68 Message of May 5 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 68(HES) "An Act relating to the donation to a food bank of hatchery salmon, to the donation of food by meat processors, seafood processors, manufacturers, packers, processors, bottlers, and similar entities, and to who qualifies as a food bank; and providing for an effective date." Chapter 16, SLA 1995 Effective Date: 5/6/95 HB 79 Message of May 5 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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." Chapter 17, SLA 1995 Effective Date: 8/3/95 MESSAGES FROM THE HOUSE SCR 18 Message of May 6 was read, stating the House passed and returned: 1995-05-07 Senate Journal Page 1559 SCR 18 SENATE CONCURRENT RESOLUTION NO. 18 Honoring the military veterans of World War II and commemorating the 50th anniversary of the end of World War II. The bill was referred to the Secretary for enrollment. SCR 19 Message of May 5 was read, stating the House passed and returned: SENATE CONCURRENT RESOLUTION NO. 19 Establishing the Blue Ribbon Commission on Gaming and Gambling and relating to commission recommendations regarding gaming and gambling in the state. The resolution was referred to the Secretary for enrollment. SB 124 Message of May 5 was read, stating the House passed and returned: SENATE BILL NO. 124 "An Act relating to the human services community matching grant program; and providing for an effective date." The bill was referred to the Secretary for enrollment. Message dated May 5 was read stating: Pursuant to the provisions of Rule 51 of the Uniform Rules of the Alaska State Legislature, the House of Representatives respectfully requests that the Senate join the House on Monday, May 8, 1995, at 7:00 p.m., in Joint Session to consider the Governor's nominees to head the departments, boards and commissions of the State of Alaska. Senator Halford moved and asked unanimous consent that the Senate accept the House invitation to meet in Joint Session. Without objection, it was so ordered. 1995-05-07 Senate Journal Page 1560 The Secretary was requested to notify the House. Message of May 7 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 328 HOUSE BILL NO. 328 BY THE HOUSE LABOR AND COMMERCE COMMITTEE, entitled: "An Act relating to reduced fees and group discounts for visits to the state museum and its branches; and providing for an effective date." was read the first time and referred to the Labor and Commerce Committee. STANDING COMMITTEE REPORTS SB 176 The Resources Committee considered SENATE BILL NO. 176 "An Act relating to regulation of certain natural gas exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements, and amending the duties of the Alaska Oil and Gas Conservation Commission as they relate to natural gas exploration activities; and providing for an effective date" and recommended it be replaced with CS FOR SENATE BILL NO. 176(RES) Signing do pass: Senator Leman, Chair, Senators Taylor, Hoffman, Lincoln, Pearce. 1995-05-07 Senate Journal Page 1561 SB 176 Zero fiscal notes forthcoming from Department of Environmental Conservation and Department of Administration. The bill was referred to the Rules Committee. HB 35 The Health, Education and Social Services Committee considered CS FOR HOUSE BILL NO. 35(JUD) "An Act relating to sexual misconduct as grounds for imposing disciplinary sanctions on persons licensed by the State Medical Board" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 35(HES) Signing do pass: Senator Green, Chair, Senators Miller, Leman. Signing no recommendation: Senator Salo. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 44 Forthcoming Finance Senate Committee Substitute for CS FOR HOUSE BILL NO. 44(FIN) am (page 1547) "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 received today. 1995-05-07 Senate Journal Page 1562 HB 78 Fiscal notes for SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) (page 1548) "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents; proposing special demonstration projects within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the projects; amending Alaska Rule of Civil Procedure 90.3; and providing for an effective date" published today from Department of Health and Social Services (12). SB 71 The Rules Committee considered SENATE BILL NO. 71 "An Act relating to deep freeze classics; and providing for an effective date." Signing to calendar: Senator Miller, Chair. Senator Miller further signed: do not pass. Signing to calendar: Senators Duncan, Sharp, Salo. Signing do not pass: Senator Pearce. The bill is on today's calendar. HB 44 The Rules Committee considered CS FOR HOUSE BILL NO. 44(FIN) am "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." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Signing do not calendar - do not pass: Senator Duncan. Signing under other recommendations: Senator Salo. The bill is on today's calendar. 1995-05-07 Senate Journal Page 1563 HB 78 The Rules Committee considered CS FOR HOUSE BILL NO. 78(FIN) am "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents; proposing special demonstration projects within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the projects; amending Alaska Rule of Civil Procedure 90.3; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Signing do not calendar - do not pass Senate CS: Senator Duncan. Signing under other recommendations: Senator Salo. The bill is on today's calendar. HB 130 The Rules Committee considered CS FOR HOUSE BILL NO. 130(FIN) am(reengrossed) "An Act relating to the adoption, amendment, and repeal of regulations." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Duncan. Signing under other recommendations: Senator Salo. The bill is on today's calendar. HB 217 The Rules Committee considered CS FOR HOUSE BILL NO. 217(L&C) am(efd fld) "An Act relating to teacher tenure, teacher layoff and rehire rights, public access to information on public school collective bargaining, and to the right of tenured teachers to judicial review of decisions of nonretention or dismissal; and relating to retirement for certain employees of school districts, regional resource centers, the state boarding school, and regional educational attendance areas." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Signing do not calendar - do not pass: Senator Duncan. Signing do not pass: Senator Salo. The bill is on today's calendar. 1995-05-07 Senate Journal Page 1564 HB 297 The Rules Committee considered HOUSE BILL NO. 297 "An Act relating to fees for a commercial fishing vessel license." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. The bill is on today's calendar. HB 315 The Rules Committee considered CS FOR HOUSE BILL NO. 315(FIN) "An Act relating to the Alaska Science and Technology Foundation and to the financing of technological developments by public corporations of the state; relating to the financing of the Kodiak launch complex, the Fairbanks satellite ground station space park, and a low-rank coal water fuel technology project; and relating to a feasibility study to be conducted concerning the establishment of a Challenger Learning Center for the study of science and technology." Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Salo. Signing no recommendation: Senator Sharp. The bill is on today's calendar. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SR 4 SENATE RESOLUTION NO. 4 BY SENATORS HALFORD, Green, Phillips, Requesting the Congress to clarify that the Reindeer Industry Act of 1937 no longer applies in the State of Alaska. was read the first time and referred to the Resources Committee. Senator Duncan announced a minority caucus. 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 2:50 p.m. 1995-05-07 Senate Journal Page 1565 AFTER RECESS The Senate reconvened at 4:18 p.m. Senator Pearce called the Senate. The call was satisfied. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 71 SENATE BILL NO. 71 "An Act relating to deep freeze classics; 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 1546. Without objection, CS FOR SENATE BILL NO. 71(FIN) "An Act relating to deep freeze classics, mercury classics, and snow machine classics; 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. 71(FIN) was read the third time. The question being: "Shall CS FOR SENATE BILL NO. 71(FIN) "An Act relating to deep freeze classics, mercury classics, and snow machine classics; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSSB 71(FIN) Third Reading - Final Passage YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Hoffman, Lincoln, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Halford, Kelly, Leman, Miller, Pearce, R.Phillips 1995-05-07 Senate Journal Page 1566 SB 71 Excused: Donley and so, CS FOR SENATE BILL NO. 71(FIN) 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 71(FIN) Effective Date Vote YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Hoffman, Lincoln, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Halford, Kelly, Leman, Miller, Pearce Excused: Donley Pearce changed from "Yea" to "Nay". Miller changed from "Yea" to "Nay". and so, the effective date clause was adopted and the bill was referred to the Secretary for engrossment. SECOND READING OF HOUSE BILLS HB 44 CS FOR HOUSE BILL NO. 44(FIN) am "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 second time. 1995-05-07 Senate Journal Page 1567 HB 44 Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1547. Senator Duncan objected. The question being: "Shall the Finance Senate Committee Substitute be adopted?" The roll was taken with the following result: CSHB 44(FIN) am Second Reading Adopt Finance Senate Committee Substitute? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Donley and so, SENATE CS FOR CS FOR HOUSE BILL NO. 44(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. Senator Duncan objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: SCS CSHB 44(FIN) Advance from Second to Third Reading? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Donley and so, the bill failed to advance to third reading. 1995-05-07 Senate Journal Page 1568 HB 78 CS FOR HOUSE BILL NO. 78(FIN) am "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents; proposing special demonstration projects within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the projects; amending Alaska Rule of Civil Procedure 90.3; and providing for an effective date" was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1548. Senator Ellis objected. The question being: "Shall the Finance Senate Committee Substitute be adopted?" The roll was taken with the following result: CSHB 78(FIN) am Second Reading Adopt Finance Senate Committee Substitute? YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Rieger, Salo, Zharoff Excused: Donley and so, SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) was adopted and read the second time. Senator Kelly offered Amendment No. 1 : Page 1 Delete - Section 1 1995-05-07 Senate Journal Page 1569 HB 78 Renumber accordingly. Senator Kelly moved for the adoption of Amendment No. 1. Senator Pearce objected. Senator Taylor offered the following amendment to Amendment No. 1: Pages 3 - 13 Delete - Sec. 2 Renumber accordingly. Senator Taylor moved that the amendment to Amendment No. 1 be adopted. Senator Duncan objected. The question being: "Shall the amendment to Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 78(FIN) Second Reading Amendment to Amendment No. 1 YEAS: 2 NAYS: 17 EXCUSED: 1 ABSENT: 0 Yeas: Halford, Taylor Nays: Adams, Duncan, Ellis, Frank, Green, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff Excused: Donley and so, Amendment No. 1 to Amendment No. 1 failed. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1570 HB 78 SCS CSHB 78(FIN) Second Reading Amendment No. 1 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Halford, Kelly, Lincoln, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Frank, Green, Hoffman, Leman, Miller, Pearce, Salo, Zharoff Excused: Donley and so, Amendment No. 1 failed. Senator Rieger offered Amendment No. 2 : Page 14, lines 6-17: Delete all material, reletter following subsections accordingly Senator Rieger 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: SCS CSHB 78(FIN) Second Reading Amendment No. 2 YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Pearce, Rieger, Salo, Torgerson, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Sharp, Taylor Excused: Donley and so, Amendment No. 2 was adopted. 1995-05-07 Senate Journal Page 1571 HB 78 Amendment No. 3 was not offered. Senator Miller offered Amendment No. 4 : Page 8, line 22: Delete (B) does not include Page 8, line 29: Insert (B) does not include Senator Miller moved for the adoption of Amendment No. 4. Objections were heard. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: SCS CSHB 78(FIN) am S Second Reading Amendment No. 4 YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Pearce, Salo, Zharoff Excused: Donley and so, Amendment No. 4 was adopted. Senator Sharp offered Amendment No. 5 : Page 14, after line 5: Amend language to read: (b) Assistance is not payable with respect to the third or additional child born to (1) an individual who is receiving assistance under AS 47.25.310 - 47.25.420 at the time of the birth; or (2) an individual who received assistance under AS 47.25.310 - 47.25.420 at any time during the 10-month period ending with the birth of the child. 1995-05-07 Senate Journal Page 1572 HB 78 (c) The provisions of (b) of this section do not apply to (1) a child who is only the second dependent child on whose behalf the individual is otherwise eligible to receive assistance under AS 47.25.310 - 47.25.420; or (2) children who are born during a multiple birth if the children are the only dependent children on whose behalf the individual is otherwise eligible to receive assistance under AS 47.25.310 - 47.25.420. Senator Sharp moved for the adoption of Amendment No. 5. Senator Ellis objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SCS CSHB 78(FIN) am S Second Reading Amendment No. 5 YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Pearce, Rieger, Salo, Zharoff Excused: Donley and so, Amendment No. 5 was adopted. Senator Rieger offered Amendment No. 6 : Page 2, line 21, after "grandparents": Insert ", except grandparents who do not have legal custody of either minor parent," Senator Rieger moved for the adoption of Amendment No. 6. Objections were heard. 1995-05-07 Senate Journal Page 1573 HB 78 The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: SCS CSHB 78(FIN) am S Second Reading Amendment No. 6 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Halford, Kelly, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Frank, Green, Hoffman, Leman, Lincoln, Miller, Pearce, Salo, Zharoff Excused: Donley and so, Amendment No. 6 failed. Senator Halford moved that the bill be considered engrossed, advanced to third reading and placed on final passage. Objections were heard. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) am S be advanced to third reading?" The roll was taken with the following result: SCS CSHB 78(FIN) am S Advance from Second to Third Reading? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Donley and so, the bill failed to advance to third reading. The Senate stood at ease at 8:01 p.m. The Senate reconvened at 8:35 p.m. 1995-05-07 Senate Journal Page 1574 HB 130 CS FOR HOUSE BILL NO. 130(FIN) am(reengrossed) "An Act relating to the adoption, amendment, and repeal of regulations" was read the second time. Senator Frank moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1525. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 130(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. SENATE CS FOR CS FOR HOUSE BILL NO. 130(FIN) was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 130(FIN) "An Act relating to the adoption, amendment, and repeal of regulations" pass the Senate?" The roll was taken with the following result: SCS CSHB 130(FIN) Third Reading - Final Passage YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Adams, Duncan Excused: Donley and so, SENATE CS FOR CS FOR HOUSE BILL NO. 130(FIN) passed the Senate and was referred to the Secretary for engrossment. 1995-05-07 Senate Journal Page 1575 HB 217 CS FOR HOUSE BILL NO. 217(L&C) am(efd fld) "An Act relating to teacher tenure, teacher layoff and rehire rights, public access to information on public school collective bargaining, and to the right of tenured teachers to judicial review of decisions of nonretention or dismissal; and relating to retirement for certain employees of school districts, regional resource centers, the state boarding school, and regional educational attendance areas" was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1550. Senator Duncan objected. The question being: "Shall the Finance Senate Committee Substitute be adopted?" The roll was taken with the following result: CSHB 217(L&C) am (EFD FLD) Second Reading Adopt Finance Senate Committee Substitute? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Donley and so, SENATE CS FOR CS FOR HOUSE BILL NO. 217(FIN) was adopted and read the second time. Senator Salo offered Amendment No. 1 : Page 3, line 14, after "status": Insert "for the following school year" Page 3, line 15: Delete "teachers" Insert "tenured teachers, after the nonretention of all the nontenured teachers," 1995-05-07 Senate Journal Page 1576 HB 217 Page 3, lines 16 - 18: Delete "the basic need of a school district determined under AS14.17.021(b) and adjusted under AS14.17.225(b) decreases by one percent or more from the previous year." Insert "of a financial emergency verified by the commissioner of education. This section only applies to a teacher who has acquired tenure rights. If a tenured teacher is to be placed on layoff status under this section for the following school year, the school district shall give written notice of the placement on layoff status, delivered before March16, or sent by registered mail postmarked before March 16." Page 4, lines 2 - 5: Delete all material and insert: "(d) A tenured teacher who is placed on layoff status is entitled to a hearing before the school board under AS14.20.180. The decision of the school board is not subject to appeal under AS14.20.205." Senator Salo moved for the adoption of Amendment No. 1. Senator Halford objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 1 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 1 failed. 1995-05-07 Senate Journal Page 1577 HB 217 Senator Zharoff offered Amendment No. 2 : Page 3, line 13, after "(a)": Delete "A" Insert "Except as provided in (g) of this section, a" Page 4, after line 14: Insert a new subsection to read: "(g) A school district may only lay off tenured teachers if the district also reduces the number of its administrators in proportion to the reduction in teaching staff." Senator Zharoff moved for the adoption of Amendment No. 2. Objections were heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 2 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, R.Phillips, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 2 failed. 1995-05-07 Senate Journal Page 1578 HB 217 Senator Duncan offered Amendment No. 3 : Page 3, line 19, insert after "section": "Should school districts utilize this section to lay off tenured teachers, the school district will file a report with the commissioner of education which lists the detailed steps the school district has taken to meet the economic circumstances which resulted in the layoff of tenured teachers." Senator Duncan moved for the adoption of Amendment No. 3. Senator Miller objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 3 YEAS: 9 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, R.Phillips, Rieger, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 3 failed. Senator Salo offered Amendment No. 4 : Page 3, line 17, after "by": Delete "one" Insert "three" Senator Salo moved for the adoption of Amendment No. 4. Objections were heard. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1579 HB 217 SCS CSHB 217(FIN) Second Reading Amendment No. 4 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Kelly, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 4 failed. Senator Salo offered Amendment No. 5 : Page 4, lines 2 - 5: Delete subsection (d) in its entirety Senator Salo moved for the adoption of Amendment No. 5. Senator Miller objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 5 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 5 failed. 1995-05-07 Senate Journal Page 1580 HB 217 Senator Ellis offered Amendment No. 6 : Page 4, line 11, insert new section (f): "(f) In making layoff decisions, a school district may not allow an increase of over ten percent in the pupil-teacher ratio of the district or regional educational attendance area." Reletter following sections accordingly. Senator Ellis moved for the adoption of Amendment No. 6. Objections were heard. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 6 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 6 failed. Senator Salo offered Amendment No. 7 : Page 4, lines 31 - 32: Delete all material Page 5, lines 1 - 6: Delete all material Senator Salo moved for the adoption of Amendment No. 7. Objections were heard. 1995-05-07 Senate Journal Page 1581 HB 217 The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 7 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Sharp, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Taylor, Torgerson Excused: Donley and so, Amendment No. 7 failed. Senator Duncan offered Amendment No. 8 : Page 5, line 13 through Page 10, line 1: Delete all material Page 10, line 4: Delete all material Senator Duncan moved for the adoption of Amendment No. 8. Objections were heard. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 8 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley 1995-05-07 Senate Journal Page 1582 HB 217 and so, Amendment No. 8 failed. Senator Salo offered Amendment No. 9 : Page 5, lines 7 - 12: Delete all material Senator Salo moved for the adoption of Amendment No. 9. Objections were heard. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 9 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 9 failed. Senator Salo offered Amendment No. 10 : Page 5, line 12 insert after "records." "In the same manner as bargaining organizations proposals and final agreement is publicized the superintendents employment contract will be publicized for each school district in the state of Alaska." Senator Salo moved for the adoption of Amendment No. 10. Objections were heard. 1995-05-07 Senate Journal Page 1583 HB 217 The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 10 YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Frank, Green, Halford Excused: Donley and so, Amendment No. 10 was adopted. The Senate stood at ease at 9:59 p.m. The Senate reconvened at 10:16 p.m. Senator Halford rose to a point of order on Amendment No. 10 regarding Uniform Rule 41(b). President Pearce ruled the amendment out of order, therefore, deleting the amendment. Senator Duncan offered Amendment No. 11 : Page 4, line 6, after "(e)" Insert "A teacher on layoff status accrues credited service under the teachers' retirement system (AS 14.25). Upon reemployment the teacher may elect to purchase the years on layoff as membership credit in the retirement system. If the teacher elects to purchase the years on layoff the school district shall pay the employer contribution." Senator Duncan moved for the adoption of Amendment No. 11. Objections were heard. 1995-05-07 Senate Journal Page 1584 HB 217 The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) Second Reading Amendment No. 11 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Pearce, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 11 failed. Senator Salo offered Amendment No. 12 : Page 4, lines 31 - 32: Delete all material Page 5, lines 1 - 6: Insert new Section to read: Sec. 14.20.130 Subject area of employment "A school district must place newly hired teachers in the area that they have been trained for at least fifty percent of their duty day." Senator Salo moved for the adoption of Amendment No. 12. Senator Sharp objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1585 HB 217 SCS CSHB 217(FIN) Second Reading Amendment No. 12 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 12 failed. Senator Phillips offered Amendment No. 13 : Page 8, line 24, after "research": Insert "that does not entitle the individual to receive retirement, health, or leave benefits, except social security replacement if required by the Internal Revenue Code" Senator Phillips moved for the adoption of Amendment No. 13. Senator Duncan objected, then withdrew his objection. There being no further objections, Amendment No. 13 was adopted. Senator Ellis offered Amendment No. 14 : Page 2, line 26: Insert new subsection: (d) Not withstanding AS 14.20.150 a school district may withhold full tenure for up to two years, for a teacher whose performance has been formally observed and evaluated as needing improvement as provided in section (c). Nothing in this section prohibits a school board from granting tenure to a teacher after two years of satisfactory service. If in the third year, the teacher's evaluation indicates satisfactory performance, tenure will be offered. If the teacher is retained for a third year, but the teacher is not fully tenured, tenure rights become effective as prescribed in AS 14.20.150(b). Non-retention during the third year may only be for just cause. 1995-05-07 Senate Journal Page 1586 HB 217 Senator Ellis moved for the adoption of Amendment No. 14. Objections were heard. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) am S Second Reading Amendment No. 14 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Ellis, Hoffman, Salo, Zharoff Nays: Adams, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 14 failed. Senator Ellis offered Amendment No. 15 : Page 2, line 26 Insert new subsection: (d) Not withstanding AS 14.20.150 a school district may withhold full tenure for up to two years, for a teacher whose performance has been formally observed and evaluated as needing improvement as provided for in section (c). Nothing in this section prohibits a school board from granting tenure to a teacher after two years of satisfactory service. If in the third year, the teacher's evaluation indicates satisfactory performance, tenure will be offered. If the teacher is retained for a fourth year, but the teacher is not fully tenured, tenure rights become effective as prescribed in AS 14.20.150(b). Non-retention during this second two year period may only be for just cause. Senator Ellis moved for the adoption of Amendment No. 15. Objections were heard. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1587 HB 217 SCS CSHB 217(FIN) am S Second Reading Amendment No. 15 YEAS: 6 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Ellis, Hoffman, R.Phillips, Salo, Zharoff Nays: Adams, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 15 failed. Senator Duncan offered Amendment No. 16 : Page 1, line 7, through page 2, line 4: Delete all material. Page 2, line 10: Delete "four [TWO]" Insert "two" Page 2, line 11: Delete "four [TWO] Insert "two" Page 2, line 18 after "the": Delete "four-consecutive-school-year period [TWO FULL SCHOOL YEARS] Insert "two-consecutive-school-year period" Senator Duncan moved for the adoption of Amendment No. 16. Senator Miller objected. The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1588 HB 217 SCS CSHB 217(FIN) am S Second Reading Amendment No. 16 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Ellis, R.Phillips, Salo, Zharoff Nays: Adams, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 16 failed. Senator Salo offered Amendment No. 17 : Page 1, line 7, through page 2, line 4: Delete all material. Page 2, line 10 and Page 2, line 11: Delete "four [TWO]" Insert "two" Page 2, line 18 after "the": Delete "four-consecutive-school-year period [TWO FULL SCHOOL YEARS]" Insert "two-consecutive-school-year period" Page 2, line 13, insert new subsection "(c)" "(c) Nothing in section 1 or 2 prohibits a school district from denying tenure to a teacher after two years of satisfactory service for any reason that is not arbitrary or capricious. The district may offer tenure after the teacher's third year of employment." Senator Salo moved for the adoption of Amendment No. 17. Senator Miller objected. The question being: "Shall Amendment No. 17 be adopted?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1589 HB 217 SCS CSHB 217(FIN) am S Second Reading Amendment No. 17 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Ellis, R.Phillips, Salo, Zharoff Nays: Adams, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 17 failed. Senator Duncan offered Amendment No. 18 : Page 1, line 7, through page 2, line 4: Delete all material. Page 2, line 10 and Page 2, line 11: Delete "four [TWO]" Insert "two" Page 2, line 18 after "the": Delete "four-consecutive-school-year period [TWO FULL SCHOOL YEARS]" Insert "two-consecutive-school-year period" Page 2, line 13, insert new subsection "(c)" "(c) Teachers denied tenure after two years of service will be given reasons for denial of tenure. Nothing in Sections 1 or 2 prohibits a school district from granting tenure in the third year of employment." Senator Duncan moved for the adoption of Amendment No. 18. Objections were heard. The question being: "Shall Amendment No. 18 be adopted?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1590 HB 217 SCS CSHB 217(FIN) am S Second Reading Amendment No. 18 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Ellis, R.Phillips, Salo, Zharoff Nays: Adams, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 18 failed. Senator Salo offered Amendment No. 19 : Page 1, line 7, through page 2, line 4: Delete all material. Page 2, line 10 and Page 2, line 11: Delete "four [TWO]" Insert "three" Page 2, line 18 after "the": Delete "four-consecutive-school-year period [TWO FULL SCHOOL YEARS] Insert "three-consecutive-school-year period" Senator Salo moved for the adoption of Amendment No. 19. Senator Taylor objected. The question being: "Shall Amendment No. 19 be adopted?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1591 HB 217 SCS CSHB 217(FIN) am S Second Reading Amendment No. 19 YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Ellis, R.Phillips, Salo, Zharoff Nays: Adams, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 19 failed. Senator Zharoff offered Amendment No. 20 : Page 2, line 19: Insert new subsection (d) (d) A teacher employed in a school district in this state for four years shall be deemed to have completed the four- consecutive-year period; however, a new employing school district may, by a majority vote of its school board, provide for a one year of nontenured status for the teacher. Senator Zharoff moved for the adoption of Amendment No. 20. Senator Miller objected. The question being: "Shall Amendment No. 20 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) am S Second Reading Amendment No. 20 YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Ellis, Hoffman, Lincoln, Pearce, R.Phillips, Salo, Zharoff Nays: Adams, Frank, Green, Halford, Kelly, Leman, Miller, Rieger, Sharp, Taylor, Torgerson 1995-05-07 Senate Journal Page 1592 HB 217 Excused: Donley and so, Amendment No. 20 failed. Senator Salo offered Amendment No. 21 : Page 5, line 7: Insert new subsection (j) Funding for (h) and (i) of this section is to come out of the school districts administration component of its budget. Senator Salo moved for the adoption of Amendment No. 21. Objections were heard. The question being: "Shall Amendment No. 21 be adopted?" The roll was taken with the following result: SCS CSHB 217(FIN) am S Second Reading Amendment No. 21 YEAS: 7 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Excused: Donley and so, Amendment No. 21 failed. Senator Duncan moved and asked unanimous consent that the Senate rescind its previous action in failing to adopt Amendment No. 3. Objections were heard. The question being: "Shall the Senate rescind its previous action in failing to adopt Amendment No. 3?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1593 HB 217 SCS CSHB 217(FIN) am S Rescind Previous Action on Amendment No. 3 YEAS: 9 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, R.Phillips, Rieger, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Sharp, Taylor, Torgerson Excused: Donley and so, the motion failed. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, 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: SCS CSHB 217(FIN) am S Advance from Second to Third Reading? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Donley and so, the bill was not advanced to third reading. 1995-05-07 Senate Journal Page 1594 HB 217 SENATE CS FOR CS FOR HOUSE BILL NO. 217(FIN) am S "An Act relating to teacher tenure, teacher layoff and rehire rights, public access to information on public school collective bargaining, and to the right of tenured teachers to judicial review of decisions of nonretention or dismissal; and relating to retirement for certain employees of school districts, regional resource centers, the state boarding school, and regional educational attendance areas" will appear on the May 8 calendar. HB 297 HOUSE BILL NO. 297 "An Act relating to fees for a commercial fishing vessel license" 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. 297 was read the third time. The question being: "Shall HOUSE BILL NO. 297 "An Act relating to fees for a commercial fishing vessel license" pass the Senate?" The roll was taken with the following result: HB 297 Third Reading - Final Passage YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, R.Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff Nays: Pearce, Taylor Excused: Donley and so, HOUSE BILL NO. 297 passed the Senate was signed by the President and Secretary and returned to the House. 1995-05-07 Senate Journal Page 1595 HB 315 CS FOR HOUSE BILL NO. 315(FIN) "An Act relating to the Alaska Science and Technology Foundation and to the financing of technological developments by public corporations of the state; relating to the financing of the Kodiak launch complex, the Fairbanks satellite ground station space park, and a low-rank coal water fuel technology project; and relating to a feasibility study to be conducted concerning the establishment of a Challenger Learning Center for the study of science and technology" 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. CS FOR HOUSE BILL NO. 315(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 315(FIN) "An Act relating to the Alaska Science and Technology Foundation and to the financing of technological developments by public corporations of the state; relating to the financing of the Kodiak launch complex, the Fairbanks satellite ground station space park, and a low-rank coal water fuel technology project; and relating to a feasibility study to be conducted concerning the establishment of a Challenger Learning Center for the study of science and technology" pass the Senate?" The roll was taken with the following result: CSHB 315(FIN) Third Reading - Final Passage YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Zharoff Nays: Halford, R.Phillips, Torgerson Excused: Donley and so, CS FOR HOUSE BILL NO. 315(FIN) passed the Senate. Senator Phillips gave notice of reconsideration. 1995-05-07 Senate Journal Page 1596 SENATE BILLS IN SECOND READING SB 136 CS FOR SENATE BILL NO. 136(FIN) "An Act making and amending appropriations; and providing for an effective date" which had been held in second reading (page 1530) was before the Senate. Senator Halford moved and asked unanimous consent that the bill be held to the May 8 calendar. Without objection, it was so ordered. THIRD READING OF SENATE BILLS SB 160 SENATE BILL NO. 160 am was read the third time. The question being: "Shall SENATE BILL NO. 160 am "An Act excluding certain employment by students from the definition of `employment' in the state employment security laws" pass the Senate?" The roll was taken with the following result: SB 160 am Third Reading - Final Passage YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Frank, Green, Halford, Hoffman, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Duncan, Ellis, Lincoln, Salo, Zharoff Excused: Donley and so, SENATE BILL NO. 160 am passed the Senate. Senator Duncan gave notice of reconsideration. THIRD READING OF HOUSE BILLS HB 13 CS FOR HOUSE BILL NO. 13(STA) was read the third time. 1995-05-07 Senate Journal Page 1597 HB 13 The question being: "Shall CS FOR HOUSE BILL NO. 13(STA) "An Act requiring persons filing for nomination for, or campaigning for election for, state elective office, persons authorized to make or incur political campaign expenditures before formally filing for nomination to state elective office, and groups acting on behalf of any of these, to file certain election campaign finance disclosure reports" pass the Senate?" The roll was taken with the following result: CSHB 13(STA) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Donley and so, CS FOR HOUSE BILL NO. 13(STA) passed the Senate was signed by the President and Secretary and returned to the House. HB 39 CS FOR HOUSE BILL NO. 39(JUD) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 39(JUD) "An Act relating to the authority of mobile intensive care paramedics, physician assistants, and emergency medical technicians to pronounce death under certain circumstances" pass the Senate?" The roll was taken with the following result: CSHB 39(JUD) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Donley 1995-05-07 Senate Journal Page 1598 HB 39 and so, CS FOR HOUSE BILL NO. 39(JUD) passed the Senate. Senator Ellis gave notice of reconsideration. 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 bill be held to the May 8 calendar. Without objection, it was so ordered. CITATIONS Honoring - Colony High Business Professional Association of America Senator(s) Green, Halford, Kelly, Pearce, Leman, Duncan, Taylor Representative(s) Ogan Honoring - Houston High Business Professional Association of America Senator(s) Green, Halford, Kelly, Pearce, Leman, Duncan, Taylor Representative(s) Ogan Honoring - Palmer High Business Professional Association of America Senator(s) Green, Halford, Kelly, Pearce, Leman, Duncan, Taylor Representative(s) Ogan Honoring - Wasilla High Business Professional Association of America Senator(s) Green, Halford, Kelly, Pearce, Leman, Duncan, Taylor Representative(s) Ogan 1995-05-07 Senate Journal Page 1599 Honoring - Houston High Future Homemakers of America Senator(s) Green, Halford, Kelly, Pearce, Leman, Duncan, Taylor Representative(s) Ogan Honoring - Palmer High Future Homemakers of America Senator(s) Green, Halford, Kelly, Pearce, Leman, Duncan, Taylor Representative(s) Ogan Honoring - Wasilla High Future Homemakers of America Senator(s) Green, Halford, Kelly, Pearce, Leman, Duncan, Taylor Representative(s) Ogan Honoring - Colony High Vocational Industrial Clubs of America Senator(s) Green, Halford, Kelly, Pearce, Leman, Duncan, Taylor Representative(s) Ogan Honoring - Palmer High Vocational Industrial Clubs of America Senator(s) Green, Halford, Kelly, Pearce, Leman, Duncan, Taylor Representative(s) Ogan Honoring - Wasilla High Vocational Industrial Clubs of America Senator(s) Green, Halford, Kelly, Pearce, Leman, Duncan, Taylor Representative(s) Ogan Honoring - Traci Lynn Rieger Senator(s) Duncan, Hoffman, Kelly, Zharoff, Rieger, Leman, Lincoln, Taylor Representative(s) Elton, Robinson Honoring - Peter J. Rob Senator(s) Adams, Hoffman, Kelly, Zharoff, Leman, Lincoln, Duncan, Taylor In Memoriam - Annie Kilongak Representative(s) Foster Senator(s) Adams, Hoffman, Kelly, Zharoff, Leman, Lincoln, Duncan, Taylor In Memoriam - Stanley L Huntington Senator(s) Lincoln, Hoffman, Adams, Kelly, Pearce, Zharoff, Duncan, Halford, Taylor, Leman Representative(s) Nicholia 1995-05-07 Senate Journal Page 1600 In Memoriam - Claude Demientieff Sr. Senator(s) Lincoln, Hoffman, Adams, Kelly, Pearce, Zharoff, Rieger, Leman, Duncan, Halford, Taylor Representative(s) Nicholia 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 197 Senator Halford moved and asked unanimous consent that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 197(FIN) "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" be held to May 8. Senator Duncan objected, then withdrew his objection. There being no further objections, the reconsideration on the bill will be held. HB 122 Senator Sharp, Chair, moved and asked unanimous consent that the State Affairs Committee referral be waived on CS FOR HOUSE BILL NO. 122(FIN) "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." Senator Duncan objected. The question being: "Shall the State Affairs Committee referral be waived?" The roll was taken with the following result: 1995-05-07 Senate Journal Page 1601 HB 122 CSHB 122(FIN) Waive from State Affairs YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Donley and so, the State Affairs Committee referral on CS FOR HOUSE BILL NO. 122(FIN) was waived and the bill was referred to the Finance Committee. SB 71 Senators Sharp, Frank moved and asked unanimous consent that they be shown as cosponsors on CS FOR SENATE BILL NO. 71(FIN) "An Act relating to deep freeze classics, mercury classics, and snow machine classics; and providing for an effective date." Without objection, it was so ordered. HB 291 Senator Kelly, Chair, moved and asked unanimous consent that the Labor and Commerce Committee referral be waived on CS FOR HOUSE BILL NO. 291(JUD) "An Act relating to civil liability for skateboarding; and providing for an effective date." Senator Adams objected. The question being: "Shall the Labor and Commerce Committee referral be waived?" The roll was taken with the following result: CSHB 291(JUD) Waive from Labor & Commerce YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff 1995-05-07 Senate Journal Page 1602 HB 291 Excused: Donley and so, the Labor and Commerce Committee referral on CS FOR HOUSE BILL NO. 291(JUD) was waived and the bill was referred to the Judiciary Committee. HB 65 Senator Halford, Chair, moved and asked unanimous consent that the Finance Committee referral be waived on CS FOR HOUSE BILL NO. 65(HES) am "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." Senator Adams objected, then withdrew his objection. There being no further objections, the bill was referred to the Rules Committee. HB 120 Senator Halford, Chair, moved and asked unanimous consent that the Finance Committee referral be waived on CS FOR HOUSE BILL NO. 120(FIN) "An Act relating to public employers defending and indemnifying public employees and former public employees with respect to claims arising out of conduct that is within the scope of employment." Without objection, the bill was referred to the Rules Committee. HB 274 Senator Halford, Chair, moved and asked unanimous consent that the Finance Committee referral be waived on CS FOR HOUSE BILL NO. 274(JUD) "An Act relating to the state's tuberculosis control program; and providing for an effective date." Without objection, the bill was referred to the Rules Committee. HB 200 Senator Halford, Chair, moved and asked unanimous consent that the Finance Committee referral be waived on HOUSE BILL NO. 200 "An Act reassigning responsibility for the custody of persons pending their arraignments, commitment to the custody of the commissioner of corrections, or admission to a state correctional facility, and authorizing the commissioner of corrections to employ guards for emergencies on the same basis as the commissioner of public safety, as partially exempt service employees; and providing for an effective date." Without objection, the bill was referred to the Rules Committee. 1995-05-07 Senate Journal Page 1603 ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 71 CS FOR SENATE BILL NO. 71(FIN) "An Act relating to deep freeze classics, mercury classics, and snow machine classics; and providing for an effective date" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 130 SENATE CS FOR CS FOR HOUSE BILL NO. 130(FIN) "An Act relating to the adoption, amendment, and repeal of regulations" was engrossed, signed by the President and Secretary and returned to the House for consideration. ENROLLMENT SCR 18 SENATE CONCURRENT RESOLUTION NO. 18 Honoring the military veterans of World War II and commemorating the 50th anniversary of the end of World War II, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 3:20 p.m., May 7, 1995. SCR 19 SENATE CONCURRENT RESOLUTION NO. 19 Establishing the Blue Ribbon Commission on Gaming and Gambling and relating to commission recommendations regarding gaming and gambling in the state, was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 3:20 p.m., May 7, 1995. 1995-05-07 Senate Journal Page 1604 SB 124 SENATE BILL NO. 124 "An Act relating to the human services community matching grant program; and providing for an effective date" was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 3:20 p.m., May 7, 1995. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 1:00 p.m., May 8, 1995. Without objection, the Senate adjourned at 11:52 p.m. Nancy Quinto Secretary of the Senate May 1995 1995-05-07 Senate Journal Page 1605 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 FINANCE SENATE FINANCE 532 MAY 07 SUNDAY 12:00 PM HB 207 ADJUSTMENTS TO OIL AND GAS ROYALTIES HB 268 APPROP: FY 96 CAPITAL PROJECTS BUDGET <PENDING REFERRAL> HB 233 EXTENSION OF MISC BOARDS & COMMISSIONS PREVIOUSLY SCHEDULED BILLS MAY 08 MONDAY 11:00 AM HB 20 CONVEY TIDE/SUBMERGED LAND TO MUNICIPALITY PREVIOUSLY SCHEDULED BILLS ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAY 07 SUNDAY 1:00 PM -- TIME CHANGE -- HB 35 SEXUAL MISCONDUCT BY MEDICAL PROFESSIONAL ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAY 08 MONDAY 1:30 PM HB 201 PRISONER LITIGATION AND APPEALS HB 10 PAYMENT OF COSTS OF DWI ACCIDENTS BILLS PREVIOUSLY HEARD ---------------------------------------- 1995-05-07 Senate Journal Page 1606 LABOR & COMMERCE FAHRENKAMP RM 203 MAY 07 SUNDAY 1:45 PM HB 224 STATE PLUMBING CODE MAY 08 MONDAY 12:45 PM HB 288 PROCUREMENT PREFERENCE/DISABLED PERSONS ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAY 07 SUNDAY 1:30 PM SJR 29 REINDEER INDUSTRY ACT OF 1937 SB 176 EXEMPT NAT.GAS FACILITY FROM BOND & PLANS <TELECONFERENCE ON ABOVE BILL> MAY 08 MONDAY 10:00 AM SR 4 REINDEER INDUSTRY ACT OF 1937 BILLS PREVIOUSLY HEARD ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAY 07 SUNDAY 0:00 AM -- MEETING POSTPONED TO 05/08/95 -- SB 176 EXEMPT NAT.GAS FACILITY FROM BOND & PLANS HB 35 SEXUAL MISCONDUCT BY MEDICAL PROFESSIONAL HB 220 ALASKA TOURISM MARKETING COUNCIL <PENDING REFERRAL> HB 233 EXTENSION OF MISC BOARDS & COMMISSIONS <PENDING REFERRAL> HB 274 TUBERCULOSIS CONTROL <PENDING REFERRAL> MAY 07 SUNDAY 1:00 PM -- RESCHEDULED FROM 05/06/95 -- HB 17 OFFICERS OF UTILITY COOPERATIVES HB 116 EXEMPT ASMI FROM PROCUREMENT CODE HB 130 REGULATION ADOPTION PROCEDURES & REVIEW HB 140 SMALL FISH PROCESSOR SURETY BONDS SB 158 PHARMACISTS AND PHARMACIES PROFESSIONAL SERVICES CONTRACT: SARA E. GAY, JAMES E. EASON HB 44 GAMING PROCEEDS/DEFINE CHARITABLE ORG'NS HB 78 PUBLIC ASSIST. DEMO PROJECT & DECREASE HB 217 EMPLOYMENT RIGHTS OF TEACHERS HB 219 PAROLE OF TERMINALLY ILL PRISONERS HB 220 ALASKA TOURISM MARKETING COUNCIL <PENDING REFERRAL> 1995-05-07 Senate Journal Page 1607 RULES CONTINUED MAY 07 SUNDAY 1:00 PM HB 233 EXTENSION OF MISC BOARDS & COMMISSIONS <PENDING REFERRAL> HB 234 ADMINISTRATIVE ADJUDICATIONS HB 274 TUBERCULOSIS CONTROL <PENDING REFERRAL> HB 315 FINANCING TECHNOLOGICAL PROJECTS HJR 24 WASTE IN PACIFIC AND BERING SEA FISHERY HJR 38 MAGNUSON FISHERY CONSERVATION & MGMT ACT SB 71 DEEP FREEZE CLASSIC HB 107 RESTRICTED LIMITED ENTRY PERMITS HB 32 PFD ADMINISTRATIVE PROCEEDINGS MAY 08 MONDAY 12:30 PM -- RESCHEDULED FROM 05/07/95 -- SB 176 EXEMPT NAT.GAS FACILITY FROM BOND & PLANS HB 35 SEXUAL MISCONDUCT BY MEDICAL PROFESSIONAL HB 65 ASSISTIVE TECHNOLOGY LOAN GUARANTEES HB 120 INDEMNIFICATION OF PUBLIC EMPLOYEES HB 274 TUBERCULOSIS CONTROL HB 200 CUSTODY OF PRISONERS HB 220 ALASKA TOURISM MARKETING COUNCIL <PENDING REFERRAL> HB 233 EXTENSION OF MISC BOARDS & COMMISSIONS <PENDING REFERRAL> ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAY 09 TUESDAY 3:30 PM -- AGENDA TO BE ANNOUNCED -- MAY 11 THURSDAY 3:30 PM -- AGENDA TO BE ANNOUNCED -- ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAY 08 MONDAY 10:30 AM HB 287 OUTDOOR ADVERTISING 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 1995-05-07 Senate Journal Page 1608 CONFERENCE COMMITTEE ON HB 100 SENATE FINANCE 532 MAY 07 SUNDAY 8:00 PM -- TIME CHANGE -- TORTS, UAA, NATURAL RESOURCES, CORRECTIONS MAY 08 MONDAY 3:00 PM CONFERENCE COMMITTEE ON HB 100 OTHER COMMITTEES MINORITY CAUCUS BELTZ ROOM 211 MAY 07 SUNDAY 2:50 PM MINORITY CAUCUS ---------------------------------------- JOINT SESSION HOUSE CHAMBER MAY 08 MONDAY 7:00 PM CONFIRMATION OF GOVERNOR'S APPOINTMENTS