Legislature(1995 - 1996)
1995-05-09 Senate Journal
Full Journal pdf1995-05-09 Senate Journal Page 1671 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Tuesday May 9, 1995 One Hundred Fourteenth Day Pursuant to adjournment the Senate was called to order by President Pearce at 3:55 p.m. The roll showed fifteen members present. Senators Donley, Ellis, Frank, Hoffman, Phillips were absent. The prayer was offered by the Chaplain, Senator Leman. Senator Leman read a prayer written by Pastor Kermit Wilson of the First Church of God. The presence of Senator Phillips was noted. Senator Green led the Senate in the pledge of allegiance. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the one hundred thirteenth legislative day be approved as certified by the Secretary. Senator Duncan objected. Senator Duncan called the Senate. The presence of Senators Hoffman, Ellis was noted. Senator Duncan lifted the call. Senator Halford moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. 1671 1995-05-09 Senate Journal Page 1672 Senator Duncan moved and asked unanimous consent that Senator Donley be excused from a call of the Senate for the remainder of May 9. Without objection, Senator Donley was excused. Senator Halford moved and asked unanimous consent that the journal for the one hundred thirteenth legislative day be approved as certified by the Secretary. Without objection, the journal was approved as certified. Senator Duncan called the Senate. President Pearce stated the call was satisfied. RECONSIDERATION OF SENATE BILLS SB 176 Senator Leman requested that the reconsideration on CS FOR SENATE BILL NO. 176(RES) "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" be taken up. CS FOR SENATE BILL NO. 176(RES) was before the Senate on reconsideration. The question to be reconsidered: "Shall CS FOR SENATE BILL NO. 176(RES) "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" pass the Senate?" The roll was taken with the following result: 1995-05-09 Senate Journal Page 1673 SB 176 CSSB 176(RES) Third Reading - On Reconsideration Effective Date 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 SENATE BILL NO. 176(RES) 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 effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 315 Senator Duncan requested that the reconsideration on 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" be taken up at this time. CS FOR HOUSE BILL NO. 315(FIN) was before the Senate on reconsideration. Senator Halford moved and asked unanimous consent that the bill be placed at the bottom of today's calendar. Without objection, it was so ordered. 1995-05-09 Senate Journal Page 1674 HB 197 Senator Adams requested 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 taken up at this time. SENATE CS FOR CS FOR HOUSE BILL NO. 197(FIN) was before the Senate on reconsideration. Senator Halford moved and asked unanimous consent that the bill be placed at the bottom of today's calendar. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Message of May 8 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 335 CS FOR HOUSE BILL NO. 335(RES)(title am) BY THE HOUSE RESOURCES COMMITTEE, entitled: "An Act extending the termination date of the Big Game Commercial Services Board; eliminating the requirement for a commercial use permit and for payment of commercial use permit fees; amending the membership of the Big Game Commercial Services Board; relating to the qualifications for an assistant guide-outfitter license; eliminating the requirement for testing of assistant guide-outfitters; providing for additional licensing requirements for transporters; eliminating the requirement for prior approval to enter or remain on state and federal land; eliminating the requirement to register base camps; amending the definition of 'big game commercial services'; and providing for an effective date." was read the first time and referred to the Finance Committee. 1995-05-09 Senate Journal Page 1675 STANDING COMMITTEE REPORTS HB 328 The Labor and Commerce Committee considered HOUSE BILL NO. 328 "An Act relating to reduced fees and group discounts for visits to the state museum and its branches; and providing for an effective date." Signing do pass: Senator Kelly, Chair, Senators Miller, Torgerson. Previous House zero fiscal note. The bill was referred to the Rules Committee. SR 4 The Rules Committee considered SENATE RESOLUTION NO. 4 Requesting the Congress to clarify that the Reindeer Industry Act of 1937 no longer applies in the State of Alaska. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. The resolution is on today's calendar. HB 17 The Rules Committee considered CS FOR HOUSE BILL NO. 17(L&C) am "An Act expanding the services that may be offered by an electric cooperative to include sewer and water and gas services when authorized by the Alaska Public Utilities Commission, and to include direct satellite television services; relating to officers of a telephone or electric cooperative; relating to amendment of the articles of incorporation of a telephone or electric cooperative; and providing for an effective date." Signing to calendar: Senators Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. The bill is on today's calendar. HB 20 The Rules Committee considered CS FOR HOUSE BILL NO. 20(FIN) am "An Act relating to conveyance of certain tide and submerged land to municipalities; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. The bill is on today's calendar. 1995-05-09 Senate Journal Page 1676 HB 65 The Rules Committee considered CS FOR HOUSE BILL NO. 65(HES) am "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." Signing to calendar: Senator Miller, Chair, Senator Pearce. Signing under other recommendations: Senators Sharp, Salo. The bill is on today's calendar. HB 116 The Rules Committee considered CS FOR HOUSE BILL NO. 116(L&C) "An Act exempting the Alaska Seafood Marketing Institute from the State Procurement Code." Signing to calendar: Senator Miller, Chair, Senators Pearce, Salo. Signing under other recommendations: Senator Duncan. Signing do not pass: Senator Sharp. The bill is on today's calendar. HB 159 The Rules Committee considered 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." Signing to calendar: Senator Miller, Chair, Senator Pearce. Signing do not pass - see fiscal notes: Senator Sharp. Corrected fiscal note for the Finance Senate Committee Substitute published today from Department of Corrections. The bill is on today's calendar. HB 182 The Rules Committee considered CS FOR HOUSE BILL NO. 182(HES) "An Act allowing a dentist to delegate certain duties to a dental assistant." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. The bill is on today's calendar. 1995-05-09 Senate Journal Page 1677 HB 233 The Rules Committee considered CS FOR HOUSE BILL NO. 233(FIN) am "An Act extending the termination date of the Board of Clinical Social Work Examiners, Board of Marine Pilots, Board of Marital and Family Therapy, State Medical Board, Board of Nursing, Board of Psychologist and Psychological Associate Examiners, Real Estate Commission, Special Education Service Agency, Correctional Industries Commission, and Hazardous Substance Spill Technology Review Council; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Sharp, Duncan. Fiscal note for the Finance Senate Committee Substitute published today from Department of Environmental Conservation. The bill is on today's calendar. HB 274 The Rules Committee considered CS FOR HOUSE BILL NO. 274(JUD) "An Act relating to the state's tuberculosis control program; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. The bill is on today's calendar. HB 287 The Rules Committee considered HOUSE BILL NO. 287 "An Act relating to outdoor advertising on trash receptacles and restrictions on outdoor advertising." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. The bill is on today's calendar. HB 288 The Rules Committee considered CS FOR HOUSE BILL NO. 288(L&C) am "An Act relating to procurement preferences and authorizing certain state real property lease extensions; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. The bill is on today's calendar. 1995-05-09 Senate Journal Page 1678 SPECIAL COMMITTEE REPORTS HB 9 May 9, 1995 Madam President: Madam Speaker: The Conference Committee considering SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S and CS FOR HOUSE BILL NO. 9(FIN) "An Act relating to recovery of damages from a person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor" respectfully requests limited powers of free conference on the following specific points: AS 34.50.020(a)(2) on page 2, line 5 of SENATE CS FOR HOUSE BILL NO. 9(FIN) am S. The section deals with apportionment of damages in cases of court ordered joint custody. Signing the report: Senator Taylor, Chair, Senators Salo, Sharp, Representative Therriault, Chair, Representatives Robinson, Parnell. President Pearce granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SJR 30 SENATE JOINT RESOLUTION NO. 30 BY SENATOR RIEGER, Proposing amendments to the Constitution of the State of Alaska relating to the budget reserve fund. was read the first time and referred to the Judiciary and Finance Committees. 1995-05-09 Senate Journal Page 1679 INTRODUCTION AND REFERENCE OF SENATE BILLS SB 178 SENATE BILL NO. 178 BY SENATOR RIEGER, entitled: "An Act relating to small employer health insurance." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 179 SENATE BILL NO. 179 BY SENATOR RIEGER, entitled: "An Act relating to escrow accounts; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Finance Committees. SB 180 SENATE BILL NO. 180 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act authorizing the commissioner of the Department of Natural Resources to negotiate and enter into timber sale contracts that provide for local manufacture of high value-added wood products; and establishing an Alaska Forest Products Research and Marketing Program within the Department of Commerce and Economic Development." was read the first time and referred to the Resources Committee. Fiscal note published today from Department of Natural Resources. Zero fiscal notes published today from Department of Commerce and Economic Development, Department of Community and Regional Affairs, University of Alaska. Governor's transmittal letter dated May 9: 1995-05-09 Senate Journal Page 1680 SB 180 Dear President Pearce: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that establishes a new negotiated timber sales program for state land managed by the Department of Natural Resources. This bill addresses the need to stimulate local, small scale value-added processing of Alaska's forest resources and to foster creation of Alaskan jobs. With the introduction of this bill, we seek to provide a new focus on how timber should be managed in Alaska by providing more jobs from timber cut on state lands by encouraging industries that process high-value finished wood products. At the same time, this legislation provides direction on management of our forests to preserve fish and wildlife habitat and other uses of the forest including tourism, fisheries, personal and family uses including hunting and fishing. The goal of my Administration in proposing this bill is to develop sound long-term strategies for managing Alaska's forest resources so as to provide the highest and best economic uses in local communities that are dependent on timber resources while maintaining other Alaskan uses through the constitutionally mandated sustained yield principles. The attached bill maximizes the opportunity for employment while minimizing the impact on other uses of our state forests. I am introducing this legislation in the final days of the session because it is my understanding that the legislature will be holding hearings on timber over the interim and I think it is critical that the new directions embodied in this bill are considered in the discussions of the legislature. The bill has two main components: provisions for incentives for local manufacture of high value-added wood products and other value-added wood products from timber on state lands and authorizing use of such incentives in awarding special negotiated timber sale contracts (sec. 2 of the bill) 1995-05-09 Senate Journal Page 1681 SB 180 creation of an Alaska Forest Products Research and Marketing Program within the Department of Commerce and Economic Development to coordinate research and marketing efforts related to value-added manufacturing of Alaska wood products (sec. 3 of the bill). An uncertain supply of timber is one of the primary factors limiting the development of high value-added wood products manufacturing facilities in the state. To address this problem, sec. 2 of the bill proposes a new special negotiated timber sale program for timber destined for local manufacture of high value-added wood products. Contracts negotiated under this section may be for the harvest of up to five million board feet of timber each year for up to 10 years. Stumpage rates would not be less than the base price established under regulations. Planning for this program by the Department of Natural Resources also will take into account sustained yield principles of timber harvest, the need for protection of fish and wildlife populations and habitat and maximizing opportunities for public uses of the state's forests. The same public comment will apply to the planning process as it is does with sales conducted presently. Existing forest planning requirements would apply to these new negotiated sales and other timber sales programs would not be affected. To participate in a negotiated timber sale authorized in sec.2 of the bill, the prospective purchaser must agree to use at least 50 percent of the timber from the sale for the local manufacture of high value- added wood products. In determining whether it is in the state's best interest to enter into a sale contract under sec. 2, the commissioner is to consider the economic benefits to the region from the local manufacture of the high value-added wood products as well as from the local manufacture of other value-added wood products; the commissioner also must ensure the sustainability of fish and wildlife populations and habitat and other uses of the forest. My Administration will be working with the Alaska Congressional delegation to ensure that appropriate related changes are made to federal law. 1995-05-09 Senate Journal Page 1682 SB 180 Section 3 of the bill establishes an Alaska Forest Products Research and Marketing Program to encourage in-state processing of Alaska timber into value-added wood products. The program coordinator is to gather and disseminate existing information related to the manufacture of value-added wood products and to identify unfilled needs and problems, conduct analyses and propose solutions to assist local manufacturers. This program will be accomplished through an existing position in the Department of Commerce. The provisions proposed in this bill will provide a mechanism for encouraging the development of Alaskan businesses and Alaskan jobs, and will establish a new timber sales program as a means of encouraging local processing. It should help address the crisis that faces Alaskan communities that are largely dependent on the jobs the forest products industry provides. I urge your favorable action on this bill. Sincerely, /s/ Tony Knowles Governor CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 17 CS FOR HOUSE BILL NO. 17(L&C) am "An Act expanding the services that may be offered by an electric cooperative to include sewer and water and gas services when authorized by the Alaska Public Utilities Commission, and to include direct satellite television services; relating to officers of a telephone or electric cooperative; relating to amendment of the articles of incorporation of a telephone or electric cooperative; 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 1525. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 17(FIN) was adopted and read the second time. 1995-05-09 Senate Journal Page 1683 HB 17 Senator Adams offered Amendment No. 1 : Page 2, line 25: Delete ", water, or gas" Insert "or water" Senator Adams moved for the adoption of Amendment No. 1. Senator Green objected. Senator Adams moved and asked unanimous consent that Amendment No. 1 be withdrawn. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Adams objected. Senator Hoffman moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: SCS CSHB 17(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. SENATE CS FOR CS FOR HOUSE BILL NO. 17(FIN) will appear on the May 10 calendar. 1995-05-09 Senate Journal Page 1684 HB 20 CS FOR HOUSE BILL NO. 20(FIN) am "An Act relating to conveyance of certain tide and submerged land to municipalities; 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. Senator Duncan objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: CSHB 20(FIN) am 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. Senators Hoffman, Lincoln, Leman moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 20(FIN) am will appear on the May 10 calendar. HB 65 CS FOR HOUSE BILL NO. 65(HES) am "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology" was read the second time. Senators Pearce, Ellis, Duncan, Green, Torgerson, Leman, Rieger, Zharoff, Lincoln, Salo, Taylor, Kelly moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. 1995-05-09 Senate Journal Page 1685 HB 65 Senator Halford moved and asked unanimous consent 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 65(HES) am 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. CS FOR HOUSE BILL NO. 65(HES) am will appear on the May 10 calendar. HB 116 CS FOR HOUSE BILL NO. 116(L&C) "An Act exempting the Alaska Seafood Marketing Institute from the State Procurement Code" was read the second time. Senator Sharp offered Amendment No. 1 : Page 1, line 6, after "professional services": Insert "when the procurement is solicited, administered, and obtained by employees of the institute who are located in the state" Page 1, line 9, through page 2, line 13: Delete all material and insert: "* Sec. 2. AS 36.30.850(b) is amended by adding a new paragraph to read: (33) the procurement of supplies, services, and professional services by the Alaska Seafood Marketing Institute when the procurement is solicited, administered, and obtained by employees of the institute who are located in the state." 1995-05-09 Senate Journal Page 1686 HB 116 Senator Sharp moved for the adoption of Amendment No. 1. Senator Leman objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 116(L&C) Second Reading Amendment No. 1 YEAS: 9 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Miller, Pearce, R.Phillips, Sharp, Taylor Nays: Adams, Duncan, Ellis, Hoffman, Leman, Lincoln, Rieger, Salo, Torgerson, Zharoff Excused: Donley Kelly changed from "Nay" to "Yea". and so, Amendment No. 1 failed. Senator Halford moved and asked unanimous consent 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 116(L&C) 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. 1995-05-09 Senate Journal Page 1687 HB 116 CS FOR HOUSE BILL NO. 116(L&C) will appear on the May 10 calendar. HB 159 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" was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1645. Senator Ellis objected. The question being: "Shall the Finance Senate Committee Substitute be adopted?" The roll was taken with the following result: CSHB 159(JUD) Second Reading Adopt Finance Senate Committee Substitute? YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Lincoln Excused: Donley and so, SENATE CS FOR CS FOR HOUSE BILL NO. 159(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 Lincoln objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: 1995-05-09 Senate Journal Page 1688 HB 159 SCS CSHB 159(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. SENATE CS FOR CS FOR HOUSE BILL NO. 159(FIN) will appear on the May 10 calendar. HB 182 CS FOR HOUSE BILL NO. 182(HES) "An Act allowing a dentist to delegate certain duties to a dental assistant" 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. Senator Green objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: CSHB 182(HES) Advance from Second to Third Reading? YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Leman, Lincoln, Pearce, R.Phillips, Rieger, Salo, Taylor, Zharoff Nays: Frank, Green, Halford, Hoffman, Kelly, Miller, Sharp, Torgerson Excused: Donley and so, the bill failed to advance to third reading. 1995-05-09 Senate Journal Page 1689 HB 182 CS FOR HOUSE BILL NO. 182(HES) will appear on the May 10 calendar. HB 233 CS FOR HOUSE BILL NO. 233(FIN) am "An Act extending the termination date of the Board of Clinical Social Work Examiners, Board of Marine Pilots, Board of Marital and Family Therapy, State Medical Board, Board of Nursing, Board of Psychologist and Psychological Associate Examiners, Real Estate Commission, Special Education Service Agency, Correctional Industries Commission, and Hazardous Substance Spill Technology Review Council; 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 1646. Senator Ellis objected. The question being: "Shall the Finance Senate Committee Substitute be adopted?" The roll was taken with the following result: CSHB 233(FIN) am Second Reading Adopt Finance Senate Committee Substitute? 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, SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN) was adopted and read the second time. Senator Lincoln offered Amendment No. 1 : Page 2, line 17: Delete "December 31 [JUNE 30], 1994" Insert "June 30, 1995 [1994]" 1995-05-09 Senate Journal Page 1690 HB 233 Senator Lincoln 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. SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN) am S was read the third time. Senators Miller, Pearce offered the following Letter of Intent: Letter of Intent for SENATE CS for CS for HOUSE BILL No. 233(FIN) am S It is the intent of the legislature that the amendment of the termination date of the Board of Marine Pilots contained in CS FOR SENATE BILL NO. 130(RLS), which is June 30, 1999, should supersede the amendment of the termination date of the Board of Marine Pilots contained in SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN) am S, which is June 30, 1996. Therefore, if both bills pass the legislature, the legislature respectfully requests that the Governor sign the two bills in the order necessary to enact June 30, 1999 as the termination date of the Board of Marine Pilots. The legislature also affirms its intent that SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN) am S be enacted, which contains amendments to the termination dates of Boards and Commissions other than the Board of Marine Pilots that are considered necessary by the Governor. Senator Miller moved and asked unanimous consent for the adoption of the Letter of Intent. Senator Duncan objected, then withdrew his objection. There being no further objections, the Senate Letter of Intent was adopted. 1995-05-09 Senate Journal Page 1691 HB 233 The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN) am S "An Act extending the termination date of the Board of Clinical Social Work Examiners, Board of Marine Pilots, Board of Marital and Family Therapy, State Medical Board, Board of Nursing, Board of Psychologist and Psychological Associate Examiners, Real Estate Commission, Special Education Service Agency, Correctional Industries Commission, and Hazardous Substance Spill Technology Review Council; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 233(FIN) am S Third Reading - Final Passage Effective Date 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, SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN) am S 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 referred to the Secretary for engrossment. HB 274 CS FOR HOUSE BILL NO. 274(JUD) "An Act relating to the state's tuberculosis control program; 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. CS FOR HOUSE BILL NO. 274(JUD) was read the third time. 1995-05-09 Senate Journal Page 1692 HB 274 The question being: "Shall CS FOR HOUSE BILL NO. 274(JUD) "An Act relating to the state's tuberculosis control program; and providing for an effective date" pass the Senate?" The roll was taken with the following result: CSHB 274(JUD) Third Reading - Final Passage Effective Date 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. 274(JUD) passed the Senate. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. HB 287 HOUSE BILL NO. 287 "An Act relating to outdoor advertising on trash receptacles and restrictions on outdoor advertising" 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. Senator Duncan objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: 1995-05-09 Senate Journal Page 1693 HB 287 HB 287 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. HOUSE BILL NO. 287 will appear on the May 10 calendar. HB 288 CS FOR HOUSE BILL NO. 288(L&C) am "An Act relating to procurement preferences and authorizing certain state real property lease extensions; and providing for an effective date" was read the second time. Senators Taylor, Duncan offered Amendment No. 1 : Page 1, line 4, insert a new bill section to read: Sec. 1. AS 19.60.030 is amended by adding two new subsections to read: (b) The department may conduct the following activities at ferry terminal facilities: (1) sell goods and services to the public; (2) acquire by purchase, lease, consignment or other means, vending machines, or other equipment or supplies required for the sale of such goods and services; (3) enter into contracts with others to use, improve, modify, consign, or lease space or equipment for the sale of goods and services; (4) establish the terms and conditions and fix reasonable and uniform charges, rentals, and fees to be paid by others for the right to use, modify, consign or lease space or equipment for the sale of goods and services. (c) Fees and receipts collected under this section 1995-05-09 Senate Journal Page 1694 HB 288 from the sale of goods and services and from the net proceeds of contractual arrangements are included in the gross revenue of the Alaska marine highway system. Sec. 2. AS 23.15.210(9) is amended to read: (9) "public property" means real or personal property owned or leased by the state or federal government, or an agency of the state or federal government, except for ferry terminal facilities or Alaska marine highway vessels; Renumber the following bill sections accordingly. Senator Taylor moved for the adoption of Amendment No. 1. Objections were heard. Senator Taylor moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 1: Delete from Amendment No. 1: All of Sec. 1. Without objection, the amendment to Amendment No. 1 was adopted. There being no further objections, Amendment No. 1 as amended was adopted. Senator Halford offered Amendment No. 2 : Page 2, line 24: Delete "the legislature" Senator Halford moved and asked unanimous consent for the adoption of Amendment No. 2. Senator Duncan moved and asked unanimous consent for the adoption of the following amendment to Amendment No. 2: Page 3, line 6: Delete "the Legislative Affairs Agency," 1995-05-09 Senate Journal Page 1695 HB 288 Without objection, the amendment to Amendment No. 2 was adopted. Senator Halford moved and asked unanimous consent that Amendment No. 2 as amended be withdrawn. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent 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 288(L&C) am S Advance from Second to Third Reading? YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Frank, Hoffman, Lincoln, Salo, Zharoff Excused: Donley and so, the bill failed to advance to third reading. CS FOR HOUSE BILL NO. 288(L&C) am S will appear on the May 10 calendar. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to 8:00 p.m. Without objection, the Senate recessed at 6:30 p.m. AFTER RECESS The Senate reconvened at 8:16 p.m. 1995-05-09 Senate Journal Page 1696 Senator Pearce called the Senate. Senator Pearce stated the call was satisfied. 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 1661) was before the Senate. Senator Halford moved and asked unanimous consent that the bill be held to the May 10 calendar. Without objection, it was so ordered. THIRD READING OF HOUSE BILLS HB 35 SENATE CS FOR CS FOR HOUSE BILL NO. 35(HES) am S was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 35(HES) am S "An Act relating to sexual misconduct as grounds for imposing disciplinary sanctions on persons licensed by the State Medical Board" pass the Senate?" The roll was taken with the following result: SCS CSHB 35(HES) am S 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, SENATE CS FOR CS FOR HOUSE BILL NO. 35(HES) am S passed the Senate and was referred to the Secretary for engrossment. 1995-05-09 Senate Journal Page 1697 HB 46 CS FOR HOUSE BILL NO. 46(STA) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 46(STA) "An Act relating to the practice of architecture, engineering, and land surveying" pass the Senate?" The roll was taken with the following result: CSHB 46(STA) Third Reading - Final Passage YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Green, Halford, Hoffman, Kelly, Lincoln, Miller, Pearce, Rieger, Salo, Taylor, Torgerson, Zharoff Nays: Ellis, Frank, Leman, R.Phillips, Sharp Excused: Donley Sharp changed from "Yea" to "Nay". and so, CS FOR HOUSE BILL NO. 46(STA) passed the Senate. Senator Leman gave notice of reconsideration. HB 74 CS FOR HOUSE BILL NO. 74(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 74(FIN) "An Act relating to the assault of children by adults" pass the Senate?" The roll was taken with the following result: CSHB 74(FIN) 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 1995-05-09 Senate Journal Page 1698 HB 74 and so, CS FOR HOUSE BILL NO. 74(FIN) passed the Senate, was signed by the President and Secretary and returned to the House. HB 195 CS FOR HOUSE BILL NO. 195(RES) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 195(RES) "An Act repealing the laws authorizing milk marketing orders" pass the Senate?" The roll was taken with the following result: CSHB 195(RES) 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. 195(RES) passed the Senate, was signed by the President and Secretary and returned to the House. HB 219 CS FOR HOUSE BILL NO. 219(FIN) was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 219(FIN) "An Act relating to medical care for prisoners; and authorizing special medical parole for severely medically disabled or quadriplegic prisoners" pass the Senate?" The roll was taken with the following result: 1995-05-09 Senate Journal Page 1699 HB 219 CSHB 219(FIN) 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. 219(FIN) passed the Senate, was signed by the President and Secretary and returned to the House. HOUSE BILLS IN THIRD READING HB 44 SENATE CS FOR CS FOR HOUSE BILL NO. 44(FIN) which had been held in third reading (page 1661) was before the Senate. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 44(FIN) "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" pass the Senate?" The roll was taken with the following result: 1995-05-09 Senate Journal Page 1700 HB 44 SCS CSHB 44(FIN) Third Reading - Final Passage YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Hoffman, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Lincoln, Salo, Zharoff Excused: Donley Zharoff changed from "Yea" to "Nay". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 44(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: SCS CSHB 44(FIN) Effective Date Vote 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, the effective date clause was adopted. Senator Duncan gave notice of reconsideration. Senator Pearce lifted the call. Senator Duncan withdrew his notice of reconsideration. Senator Pearce called the Senate. The call was satisfied. 1995-05-09 Senate Journal Page 1701 HB 78 SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) am S which had been held in third reading (page 1662) was before the Senate. Senator Lincoln moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 7. Objections were heard. The question being: "Shall the bill be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: SCS CSHB 78(FIN) am S Return to Second for Specific Amendment YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Leman, Lincoln, R.Phillips, Rieger, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Miller, Pearce, Sharp, Taylor, Torgerson Excused: Donley and so, the motion failed. Senator Lincoln moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 8. Objections were heard. The question being: "Shall the bill be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: 1995-05-09 Senate Journal Page 1702 HB 78 SCS CSHB 78(FIN) am S Return to Second for Specific Amendment No. 8 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 that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 9. Senator Lincoln objected. The question being: "Shall the bill be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: SCS CSHB 78(FIN) am S Return to Second for Specific Amendment No. 9 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 returned to second reading. Senators Halford, Sharp, Green, Pearce offered Amendment No. 9 : 1995-05-09 Senate Journal Page 1703 HB 78 Page 14, line 29, through Page 15, line 15: Delete all material and insert: "Sec. 4. AS 47.25.320 is amended by adding a new subsection to read: (h) Notwithstanding the assistance payment schedules in AS 47.25.310 - 47.25.420, if federal money available to the state for assistance under AS 47.25.310 - 47.25.420 is less than the federal money available during the previous federal fiscal year, the department shall adjust the monetary maximums and payment amounts authorized under this section so that the general fund money from nonfederal sources does not replace the federal money reduction." Page 14, line 6 through line 17: Delete all material. Page 20, line 3: Delete: ";TWO-TIER PAYMENT SYSTEM. (a)" Insert: "." Page 20, line 6: Delete: ", except as provided in (b) - (f) of this section," Page 20, line 23 through Page 21, line 23: Delete all material. Senator Halford moved for the adoption of Amendment No. 9. Senator Ellis objected. Senator Sharp rose to a point of order. President Pearce cautioned members to proceed in order. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: 1995-05-09 Senate Journal Page 1704 HB 78 SCS CSHB 78(FIN) am S Second Reading Amendment No. 9 YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Leman, Lincoln, Salo, Zharoff Excused: Donley and so, Amendment No. 9 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) am S was automatically in third reading. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) am S "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" pass the Senate?" The roll was taken with the following result: 1995-05-09 Senate Journal Page 1705 HB 78 SCS CSHB 78(FIN) am S Third Reading - Final Passage 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 Taylor changed from "Nay" to "Yea". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) am S 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: SCS CSHB 78(FIN) am S Effective Date Vote 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 effective date clause failed. Senator Halford moved the Court Rule change. Senator Halford moved and asked unanimous consent that his motion be withdrawn. Without objection, it was so ordered. SENATE CS FOR HOUSE BILL NO. 78(FIN) am S(efd fld S) was referred to the Secretary for engrossment. 1995-05-09 Senate Journal Page 1706 HB 217 SENATE CS FOR CS FOR HOUSE BILL NO. 217(FIN) am S which had been held in third reading (page 1662) was before the Senate. Senator Halford moved and asked unanimous consent that the Senate return to second reading for the purpose of rescinding its previous action in adopting Finance Senate Committee Substitute to CS FOR HOUSE BILL NO. 217(L&C) am(efd fld). Without objection, the bill was returned to second reading. Senator Halford moved that the Senate rescind its previous action in adopting the Finance Senate Committee Substitute. Senator Duncan objected. The question being: "Shall the Senate rescind its previous action in adopting the Finance Senate Committee Substitute to CS FOR HOUSE BILL NO. 217(L&C) am(efd fld)?" The roll was taken with the following result: SCS CSHB 217(FIN) am S Second Reading Rescind previous action in adopting the Finance Senate Committee Substitute 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 Lincoln changed from "Nay" to "Yea". Ellis changed from "Nay" to "Yea". Adams changed from "Nay" to "Yea". Hoffman changed from "Nay" to "Yea". and so, the Senate rescinded its previous action. The question being: "Shall the Finance Senate Committee Substitute be adopted?" The roll was taken with the following result: 1995-05-09 Senate Journal Page 1707 HB 217 CSHB 217(L&C) am (efd fld) Second Reading Adopt Finance SCS YEAS: 0 NAYS: 19 EXCUSED: 1 ABSENT: 0 Nays: Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Donley and so, the Finance Senate Committee Substitute failed. CS FOR HOUSE BILL NO. 217(L&C) am(efd fld) was automatically before the Senate in third reading. The question being: "Shall 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" pass the Senate?" The roll was taken with the following result: CSHB 217(L&C) am(efd fld) Third Reading - Final Passage YEAS: 13 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Frank, Green, Halford, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Duncan, Ellis, Hoffman, Kelly, Salo, Zharoff Excused: Donley and so, CS FOR HOUSE BILL NO. 217(L&C) am (efd fld) passed the Senate, was signed by the President and Secretary and returned to the House. 1995-05-09 Senate Journal Page 1708 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 10 calendar. Without objection, it was so ordered. SECOND READING OF SENATE RESOLUTIONS SR 4 SENATE RESOLUTION NO. 4 Requesting the Congress to clarify that the Reindeer Industry Act of 1937 no longer applies in the State of Alaska, was read the second time and was before the Senate on final passage. Senator Halford moved and asked unanimous consent that the resolution be placed at the bottom of today's calendar. Without objection, it was so ordered. CITATIONS Honoring - 1994 Kenai Central High School Choir, U.S. Representatives at 50th Anniversary of D-Day Ceremony Senator(s) Salo, Torgerson, Lincoln, Zharoff, Duncan, Taylor, Hoffman, Kelly, Pearce, Leman Honoring - Future Problem Solving, 1995 Alaska State Winners Senator(s) Salo, Torgerson, Lincoln, Zharoff, Duncan, Taylor, Hoffman, Kelly, Pearce, Leman Honoring - Juneau Convention and Visitors Bureau on the Occasion of its 10th Anniversary Representative(s) Robinson, Elton Senator(s) Duncan, Lincoln, Zharoff, Taylor, Hoffman, Kelly, Pearce, Leman 1995-05-09 Senate Journal Page 1709 Honoring - Linda Brooks Representative(s) Vezey Senator(s) Lincoln, Zharoff, Duncan, Taylor, Kelly Honoring - Juneau Douglas High School Concert Band Representative(s) Robinson, Elton Senator(s) Duncan, Lincoln, Zharoff, Taylor, Hoffman, Kelly, Pearce, Salo, Leman In Memoriam - John R. "J.R." McDonald Representative(s) Robinson, Elton Senator(s) Duncan, Lincoln, Zharoff, Taylor, Hoffman, Kelly, Pearce 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. SECOND READING OF SENATE RESOLUTIONS CONTINUED SR 4 SENATE RESOLUTION NO. 4 Requesting the Congress to clarify that the Reindeer Industry Act of 1937 no longer applies in the State of Alaska, which had been placed at the bottom of the calendar (page 1708) was before the Senate on final passage. Senator Adams offered Amendment No. 1 : Page 1, line 10: Delete "and" Page 1, lines 11 - 14: Delete all material. Senator Adams 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: 1995-05-09 Senate Journal Page 1710 SR 4 SR 4 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. Senator Adams offered Amendment No. 2 : Page 1, line 16: Delete "does not apply in" Insert "applies only to reindeer imported into" Senator Adams moved for the adoption of Amendment No. 2. Senator Halford objected. Senator Adams moved and asked unanimous consent that his motion be withdrawn. Without objection, it was so ordered. Senator Halford rose to a point of order. President Pearce rule his point well taken. The question being: "Shall SENATE RESOLUTION NO. 4 Requesting the Congress to clarify that the Reindeer Industry Act of 1937 no longer applies in the State of Alaska, pass the Senate?" The roll was taken with the following result: 1995-05-09 Senate Journal Page 1711 SR 4 SR 4 Final Passage 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 RESOLUTION NO. 4 passed the Senate. Senator Adams gave notice of reconsideration. HOUSE BILLS IN THIRD READING RECONSIDERATION OF HOUSE BILLS HB 197 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" which had been placed at the bottom of the calendar (page 1674) was before the Senate on reconsideration. Senator Halford moved and asked unanimous consent that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 197(FIN) be held to the May 10 calendar. Without objection, it was so ordered. 1995-05-09 Senate Journal Page 1712 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" which had been placed at the bottom of the calendar (page 1637) was before the Senate on reconsideration. Senator Halford moved and asked unanimous consent that the reconsideration on CS FOR HOUSE BILL NO. 315(FIN) be held to the May 10 calendar. Without objection, it was so ordered. UNFINISHED BUSINESS HB 202 Senator Green, Chair, moved and asked unanimous consent that the Health, Education and Social Services Committee referral be waived on CS FOR HOUSE BILL NO. 202(HES) "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." Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR HOUSE BILL NO. 202(HES) was referred to the Judiciary Committee. HB 87 Senator Green, Chair, moved and asked unanimous consent that the Health, Education and Social Services Committee referral be waived on HOUSE BILL NO. 87 am "An Act authorizing youth courts to provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, and renaming the community legal assistance grant fund and amending the purposes for which grants may be made from that fund in order to provide financial assistance for organization and initial operation of youth courts." Without objection, HOUSE BILL NO. 87 am was referred to the Judiciary Committee. 1995-05-09 Senate Journal Page 1713 ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 176 CS FOR SENATE BILL NO. 176(RES) "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" was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 35 SENATE CS FOR CS FOR HOUSE BILL NO. 35(HES) am S "An Act relating to sexual misconduct as grounds for imposing disciplinary sanctions on persons licensed by the State Medical Board" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 44 SENATE CS FOR CS FOR HOUSE BILL NO. 44(FIN) "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 engrossed, signed by the President and Secretary and returned to the House for consideration. 1995-05-09 Senate Journal Page 1714 HB 78 SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) am S(efd fld S) "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" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 233 SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN) am S "An Act extending the termination date of the Board of Clinical Social Work Examiners, Board of Marine Pilots, Board of Marital and Family Therapy, State Medical Board, Board of Nursing, Board of Psychologist and Psychological Associate Examiners, Real Estate Commission, Special Education Service Agency, Correctional Industries Commission, and Hazardous Substance Spill Technology Review Council; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration with a Senate Letter of Intent. ENROLLMENT SB 28 CS FOR SENATE BILL NO. 28(FIN)(title am) "An Act requiring emissions inspection upon certain transfers of motor vehicle ownership; relating to fees for registration not conducted at a motor vehicle emissions inspections station and fees for motor vehicle emissions control programs; limiting motor vehicle emissions inspection to not more than once every two years and imposing a penalty for operating a motor vehicle in violation of emissions requirements; 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 11:07 a.m., May 9, 1995. 1995-05-09 Senate Journal Page 1715 SB 67 SENATE BILL NO. 67 "An Act relating to the crime of unlawful evasion" 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 11:07 a.m., May 9, 1995. SB 79 CS FOR SENATE BILL NO. 79(CRA) "An Act relating to errors in surveys of land and amending Alaska Rules of Civil Procedure 4 and 12" 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 11:07 a.m., May 9, 1995. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 3:00 p.m., May 10, 1995. Without objection, the Senate adjourned at 1:43 a.m. Nancy Quinto Secretary of the Senate May 1995 1995-05-09 Senate Journal Page 1716 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 09 TUESDAY 11:00 AM HB 268 APPROP: FY 96 CAPITAL PROJECTS BUDGET HB 122 MARINE MOTOR FUEL TAX HB 207 ADJUSTMENTS TO OIL AND GAS ROYALTIES MAY 10 WEDNESDAY 0:00 AM HB 268 APPROP: FY 96 CAPITAL PROJECTS BUDGET TO MEET AT CALL OF CHAIR ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAY 10 WEDNESDAY 1:30 PM HB 201 PRISONER LITIGATION AND APPEALS HB 292 FISH & GAME ENFORCEMENT HB 87 AUTHORIZING YOUTH COURTS BILLS PREVIOUSLY HEARD ---------------------------------------- LABOR & COMMERCE BUTROVICH ROOM 205 MAY 09 TUESDAY 12:45 PM -- LOCATION CHANGE -- HB 328 DISCOUNT FOR STATE MUSEUM VISIT BY GROUPS ---------------------------------------- RESOURCES BUTROVICH ROOM 205 MAY 10 WEDNESDAY 1:00 PM -- TIME CHANGE -- HB 119 EXEMPT SCHOOLS FROM CERTAIN DEC FEES SB 114 HIGH COST MARGINAL OIL WELLS 1995-05-09 Senate Journal Page 1717 RULES FAHRENKAMP ROOM 203 MAY 09 TUESDAY 0:00 AM -- MEETING POSTPONED TO 05/10/95 -- HB 328 DISCOUNT FOR STATE MUSEUM VISIT BY GROUPS HB 124 ABOLISH BD OF NURSING HOME ADMINISTRATORS MAY 09 TUESDAY 12:45 PM -- CONTINUED FROM 05/08/95 -- MAY 10 WEDNESDAY 2:45 PM HB 328 DISCOUNT FOR STATE MUSEUM VISIT BY GROUPS HB 124 ABOLISH BD OF NURSING HOME ADMINISTRATORS ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAY 09 TUESDAY 3:30 PM -- MEETING CANCELLED -- -- AGENDA TO BE ANNOUNCED -- MAY 11 THURSDAY 3:30 PM -- AGENDA TO BE ANNOUNCED -- 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 SB 123 CAPITOL ROOM 106 MAY 10 WEDNESDAY 9:00 AM SB 123 POSTSECONDARY EDUCATION PROGRAMS ---------------------------------------- CONFERENCE COMMITTEE ON HB 100 SENATE FINANCE 532 MAY 09 TUESDAY 7:30 PM CONFERENCE COMMITTEE ON HB 100 MAY 10 WEDNESDAY 3:00 PM CONFERENCE COMMITTEE ON HB 100 ---------------------------------------- 1995-05-09 Senate Journal Page 1718 LEGISLATIVE COUNCIL BUTROVICH ROOM 205 MAY 09 TUESDAY 12:45 PM -- MEETING CANCELLED -- BARROW LIO/LEGISLATIVE OFFICE RFP LEASE APPROVAL SITKA, KOTZEBUE & DILLINGHAM LEASE RENEWALS, YEAR END PROJECTS, JOSEPH REUM CONTRACT APPROVAL OTHER COMMITTEES MAJORITY CAUCUS BUTROVICH ROOM 205 MAY 09 TUESDAY 8:45 PM MAJORITY CAUCUS