Legislature(1995 - 1996)

1995-05-12 Senate Journal

Full Journal pdf

1995-05-12                     Senate Journal                      Page 1769
                                 SENATE JOURNAL                                
                            ALASKA STATE LEGISLATURE                           
                     NINETEENTH LEGISLATURE - FIRST SESSION                    
                                                                               
                                                                               
Juneau, Alaska                       Friday               May 12, 1995         
                                                                               
                          One Hundred Seventeenth Day                          
                                                                               
Pursuant to adjournment the Senate was called to order by President            
Pearce at 8:05 p.m.                                                            
                                                                               
The roll showed fifteen members present.  Senators Adams, Ellis,               
Frank, Lincoln, Rieger were absent.                                            
                                                                               
The prayer was offered by the Chaplain, Senator Leman.  Senator                
Zharoff moved and asked unanimous consent that the prayer be                   
spread.  Without objection, it was so ordered.                                 
                                                                               
Micah 6:8                                                                     
                                                                               
"He has showed you, O man, what is good.  And                                 
what does the Lord require of you?  To act justly                              
and to love mercy and to walk humbly with your                                 
God."                                                                          
                                                                               
Father, I thank You for another beautiful day and                             
for the opportunity to serve You.  I thank You that                            
Senator Donley is back with us.  I pray that You                               
would continue to heal his body.  We ask for Your                              
direction for the remaining parts of our session, that                         
we will be able to act justly and walk humbly with                             
our God.  In Jesus' Name,                    Amen.                             
                                                                               
Senator Kelly led the Senate in the pledge of allegiance.                      
                                                                               
The presence of Senators Rieger, Ellis, Lincoln was noted.                     
                                                                               
                                                                               
                                      1769                                     

1995-05-12                     Senate Journal                      Page 1770
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
HB 164                                                                       
Message of May 12 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 BILL NO. 164                                                            
"An Act establishing Pearl Harbor Remembrance                                 
Day."                                                                          
                                                                              
		Chapter 28, SLA 1995                                                         
		Effective Date:  8/10/95                                                     
                                                                               
                                                                               
                           MESSAGES FROM THE HOUSE                           
                                                                               
SJR 19                                                                       
Message of May 12 was read, stating the House passed and returned:             
                                                                               
CS FOR SENATE JOINT RESOLUTION NO.                                            
19(RES)                                                                        
Requesting the Congress to amend the Alaska                                   
National Interest Lands Conservation Act to clarify                            
that the term "public lands" means only federal land                           
and water and that any extension of federal                                    
jurisdiction onto adjacent land and water is                                   
expressly prohibited.                                                          
                                                                               
The resolution was referred to the Secretary for enrollment.                   
                                                                               
The presence of Senator Adams was noted.                                       
                                                                               
HB 44                                                                        
Message of May 12 was read, stating the House concurred in the                 
Senate amendment to CS FOR HOUSE BILL NO. 44(FIN), thus                        
passing:                                                                       
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1771
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."                                              
                                                                               
HB 197                                                                       
Message of May 12 was read, stating the House concurred in the                 
Senate amendment to CS FOR HOUSE BILL NO. 197(RES), thus                       
passing:                                                                       
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
197(FIN) am S                                                                  
"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."                                   
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1772
HB 78                                                                        
Message dated May 11 was read, stating the Speaker granted limited             
powers of free conference to the Conference Committee considering              
CS FOR HOUSE BILL NO. 78(FIN) and 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" on the following specific points (page 1744).                            
                                                                               
HB 9                                                                         
Message dated May 12 was read, stating the House has adopted the               
report of the Conference Committee (with limited powers of free                
conference) considering 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" and SENATE CS FOR CS FOR HOUSE BILL NO.                          
9(FIN) am S, thus passing:                                                     
                                                                               
CONFERENCE CS FOR HOUSE BILL NO. 9                                            
"An Act relating to recovery of damages from a                                
parent, legal guardian, or 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."  (title change authorized by                             
HOUSE CONCURRENT RESOLUTION NO. 21)                                            
                                                                               
Senator Duncan moved for certification of the journal and called the           
Senate.                                                                        
                                                                               
President Pearce ruled the motion out of order.                                
                                                                               

1995-05-12                     Senate Journal                      Page 1773
Senator Duncan moved and asked unanimous consent that the Senate               
return to Certification of the Journal.  Without objection, it was so          
ordered.                                                                       
                                                                               
                                                                               
                                CERTIFICATION                                
                                                                               
Senator Halford moved and asked unanimous consent that the journal             
for the one hundred sixteenth legislative day be approved as certified         
by the Secretary.  Without objection, it was so ordered.                       
                                                                               
                                                                               
                      MESSAGES FROM THE HOUSE CONTINUED                      
                                                                               
SB 123                                                                       
Message dated May 12 was read, stating the House has failed to                 
adopt the report of the Conference Committee (with limited powers              
of free conference) considering:                                               
                                                                               
CONFERENCE CS FOR SENATE BILL NO. 123                                         
"An Act relating to student loan programs and fees                            
for review of postsecondary education institutions;                            
relating to a postsecondary student exchange                                   
program administered by the Western Interstate                                 
Commission on Higher Education; and providing for                              
an effective date."                                                            
                                                                               
The Speaker has appointed the following members to a Free                      
Conference Committee to meet with a like committee from the                    
Senate to consider the above bill:                                             
                                                                               
	Representative Toohey, Chair                                                  
	Representative Kott                                                           
	Representative Elton                                                          
                                                                               
Message of May 12 was read, stating the House passed and                       
transmitted for consideration:                                                 
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1774
                        FIRST READING AND REFERENCE OF                        
                               HOUSE RESOLUTIONS                              
                                                                               
HCR 21                                                                     
HOUSE CONCURRENT RESOLUTION NO. 21 BY                                          
REPRESENTATIVE THERRIAULT,                                                     
                                                                               
Suspending Uniform Rule 42(e) of the Alaska State                             
Legislature concerning House Bill No. 9, relating to                           
recovery of damages from persons 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.                                                           
                                                                               
was read the first time.                                                       
                                                                               
President Pearce stated the resolution would be held on the                    
Secretary's desk.                                                              
                                                                               
SB 1                                                                         
Message of May 11 was read, stating the House passed and returned              
for consideration SENATE BILL NO. 1 with the following                         
amendment:                                                                     
                                                                               
	HOUSE CS FOR SENATE BILL NO. 1(FIN)                                           
"An Act relating to state implementation of federal                           
statutes."                                                                     
                                                                               
Senator Halford moved that the Senate concur in the House                      
amendment.  Senator Duncan objected.                                           
                                                                               
The question being:  "Shall the Senate concur in the House                     
amendment to SENATE BILL NO. 1?"  The roll was taken with the                  
following result:                                                              
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1775
SB 1                                                                         
                                                                               
HCSSB 1(FIN)                                                                   
Shall the Senate concur in the House                                           
amendment to SB 1?                                                             
                                                                               
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Sharp,             
Taylor, Torgerson, Zharoff                                                     
                                                                               
Nays:  Rieger, Salo                                                            
                                                                               
and so, the Senate concurred in the House amendment, thus passing              
HOUSE CS FOR SENATE BILL NO. 1(FIN) "An Act relating to                        
state implementation of federal statutes."                                     
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
HOUSE CS FOR SENATE BILL NO. 1(FIN) was referred to the                        
Secretary for enrollment.                                                      
                                                                               
SB 87                                                                        
Message of May 10 was read, stating the House passed and returned              
for consideration CS FOR SENATE BILL NO. 87(FIN) with the                      
following amendment:                                                           
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO.                                           
87(JUD)                                                                        
"An Act relating to the membership of the                                     
Alcoholic Beverage Control Board; relating to                                  
community local options for control of alcoholic                               
beverages; relating to the control of alcoholic                                
beverages; prohibiting persons from being on                                   
premises involving alcoholic beverages under certain                           
circumstances; relating to the definition of `alcoholic                        
beverage'; relating to purchase and sale of alcoholic                          
beverages; relating to alcohol server education                                
courses; and providing for an effective date."                                 
                                                                               
Senator Halford moved that the Senate concur in the House                      
amendment.  Senator Duncan objected.                                           

1995-05-12                     Senate Journal                      Page 1776
SB 87                                                                        
The question being:  "Shall the Senate concur in the House                     
amendment to CS FOR SENATE BILL NO. 87(FIN)?"  The roll                        
was taken with the following result:                                           
                                                                               
HCS CSSB 87(JUD)                                                               
Shall the Senate concur in the House                                           
amendment to CSSB 87(FIN)?                                                     
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips,               
Sharp, Taylor, Torgerson                                                       
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Frank, Hoffman, Lincoln,                  
Rieger, Salo, Zharoff                                                          
                                                                               
and so, the Senate failed to concur in the House amendment.                    
                                                                               
HCR 17                                                                       
HOUSE CONCURRENT RESOLUTION NO. 17 which had been                              
placed on the Secretary's desk (page 1729) was read the second time            
and was before the Senate on final passage.                                    
                                                                               
The question being:  "Shall HOUSE CONCURRENT RESOLUTION                        
NO. 17 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the             
Alaska State Legislature concerning Senate Bill No. 92, relating to            
exemption of certain activities of the Alaska Housing Finance                  
Corporation from the provisions of the Executive Budget Act, pass              
the Senate?"  The roll was taken with the following result:                    
                                                                               
HCR 17                                                                         
Final Passage                                                                  
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger,            
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, HOUSE CONCURRENT RESOLUTION NO. 17 passed the                          
Senate, was signed by the President and Secretary and returned to              
the House.                                                                     

1995-05-12                     Senate Journal                      Page 1777
SB 92                                                                        
Message of May 11 was read, stating the House passed and returned              
for consideration SENATE BILL NO. 92 "An Act requiring that, in                
addition to its operating budget, all activities of the Alaska Housing         
Finance Corporation are subject to the Executive Budget Act" with              
the following amendment:                                                       
                                                                               
	HOUSE CS FOR SENATE BILL NO. 92(FIN)                                          
"An Act redefining the activities of the Alaska                               
Housing Finance Corporation that are subject to the                            
Executive Budget Act."  (title change authorized by                            
HOUSE CONCURRENT RESOLUTION NO. 17)                                            
                                                                               
Senator Halford moved that the Senate concur in the House                      
amendment.                                                                     
                                                                               
The question being:  "Shall the Senate concur in the House                     
amendment to SENATE BILL NO. 92?"  The roll was taken with                     
the following result:                                                          
                                                                               
HCSSB 92(FIN)                                                                  
Shall the Senate concur in the House                                           
amendment to SB 92?                                                            
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Frank, Green, Halford,                    
Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger,            
Salo, Sharp, Taylor, Torgerson, Zharoff                                        
                                                                               
and so, the Senate concurred in the House amendment, thus passing              
HOUSE CS FOR SENATE BILL NO. 92(FIN) "An Act redefining                        
the activities of the Alaska Housing Finance Corporation that are              
subject to the Executive Budget Act."                                          
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
HOUSE CS FOR SENATE BILL NO. 92(FIN) was referred to the                       
Secretary for enrollment.                                                      
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1778
SB 172                                                                       
Message of May 12 was read, stating the House passed SENATE                    
BILL NO. 172 "An Act eliminating `monte carlo' nights as an                    
authorized form of charitable gaming; and providing for an effective           
date" with the following amendment:                                            
                                                                               
	Page 2, line 18:                                                              
	Delete "January 1, 1996"                                                      
	Insert  "March 1, 1996"                                                       
                                                                               
and so,                                                                        
                                                                               
SENATE BILL NO. 172(efd am H)                                                 
"An Act eliminating `monte carlo' nights as an                                
authorized form of charitable gaming; and providing                            
for an effective date."                                                        
                                                                               
is returned for consideration.                                                 
                                                                               
Senator Halford moved that the Senate concur in the House                      
amendment.                                                                     
                                                                               
The question being:  "Shall the Senate concur in the House                     
amendment to SENATE BILL NO. 172?"  The roll was taken with                    
the following result:                                                          
                                                                               
SB 172(efd am H)                                                               
Shall the Senate concur in the House                                           
amendment to SB 172?                                                           
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Ellis, Frank, Green, Halford, Kelly, Leman, Miller,             
Pearce, R.Phillips, Sharp, Taylor, Torgerson                                   
                                                                               
Nays:  Adams, Duncan, Hoffman, Lincoln, Rieger, Salo, Zharoff                  
                                                                               
Leman changed from "Nay" to "Yea".                                             
Rieger changed from "Yea" to "Nay".                                            
                                                                               
and so, the Senate concurred in the House amendment.                           
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1779
SB 172                                                                       
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:                                  
                                                                               
SB 172(efd am H)                                                               
Effective Date Vote                                                            
                                                                               
YEAS:  8   NAYS:  12   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo,                   
Zharoff                                                                        
                                                                               
Nays:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Sharp, Taylor, Torgerson                                   
                                                                               
and so, the effective date clause failed.                                      
                                                                               
The Secretary was requested to notify the House.                               
                                                                               
SENATE BILL NO. 172(efd fld S) "An Act eliminating `monte                      
carlo' nights as an authorized form of charitable gaming" was                  
referred to the Secretary for enrollment.                                      
                                                                               
The Senate stood at ease at 8:47 p.m.                                          
                                                                               
The Senate reconvened at 1:38 a.m.                                             
                                                                               
                                                                               
                          STANDING COMMITTEE REPORTS                         
                                                                               
HB 268                                                                       
The Finance Committee considered CS FOR HOUSE BILL NO.                         
268(FIN) "An Act making and amending appropriations; and                       
providing for an effective date" and recommended it be replaced                
with                                                                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.                                           
268(FIN)                                                                       
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1780
HB 268                                                                       
Signing do pass:  Senators Frank, Halford, Cochairs, Senators Rieger,          
Sharp.  Signing no recommendation:  Senator Phillips.  Signing no              
recommendation - amend:  Senator Zharoff.  Signing amend:                      
Senator Donley.                                                                
                                                                               
The bill was referred to the Rules Committee.                                  
                                                                               
HJR 25                                                                       
The Rules Committee considered CS FOR SPONSOR SUBSTITUTE                       
FOR HOUSE JOINT RESOLUTION NO. 25(RES) Relating to a ban                       
on trawling in the eastern Gulf of Alaska east of 140 degrees west             
longitude.  Signing to calendar:  Senator Miller, Chair, Senators              
Pearce, Duncan, Sharp, Salo.                                                   
                                                                               
The resolution is on today's calendar.                                         
                                                                               
HJR 42                                                                       
The Rules Committee considered HOUSE JOINT RESOLUTION                          
NO. 42 am Relating to regulation of water carriers serving Alaska,             
and recommended it be replaced with                                            
                                                                               
SENATE CS FOR HOUSE JOINT RESOLUTION                                          
NO. 42(RLS)                                                                    
                                                                               
Previous House zero fiscal note.                                               
                                                                               
Signing to calendar:  Senator Miller, Chair, Senators Pearce, Sharp,           
Duncan.  Signing under other recommendations:  Senator Salo.                   
                                                                               
The resolution is on today's calendar.                                         
                                                                               
HB 87                                                                        
The Rules Committee considered 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."  Signing to calendar:  Senator Miller,             
Chair, Senators Duncan, Pearce, Salo.  Signing under other                     
recommendations:  Senator Sharp.                                               

1995-05-12                     Senate Journal                      Page 1781
HB 87                                                                        
The bill is on today's calendar.                                               
                                                                               
HB 119                                                                       
The Rules Committee considered HOUSE BILL NO. 119 "An Act                      
exempting schools from certain fees charged by the Department of               
Environmental Conservation; and providing for an effective date."              
Signing to calendar:  Senator Miller, Chair, Senators Pearce, Sharp,           
Duncan, Salo.                                                                  
                                                                               
The bill is on today's calendar.                                               
                                                                               
HB 124                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
124(FIN) "An Act transferring the regulation of nursing home                   
administrators to the Department of Commerce and Economic                      
Development; abolishing the Board of Nursing Home Administrators;              
clarifying the conditions under which a nursing home administrator             
license may be denied; and providing for an effective date."  Signing          
to calendar:  Senator Miller, Chair, Senators Duncan, Pearce, Sharp,           
Salo.                                                                          
                                                                               
The bill is on today's calendar.                                               
                                                                               
HB 180                                                                       
The Rules Committee considered HOUSE BILL NO. 180 "An Act                      
relating to liquor licenses issued to a hotel, motel, resort, or similar       
establishment; and providing for an effective date."  Signing to               
calendar:  Senator Miller, Chair, Senators Pearce, Duncan, Sharp,              
Salo.                                                                          
                                                                               
The bill is on today's calendar.                                               
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1782
HB 200                                                                       
The Rules Committee considered 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."  Signing to calendar:  Senator Miller, Chair, Senators Pearce,          
Sharp.  Signing under other recommendations:  Senator Salo.                    
                                                                               
The bill is on today's calendar.                                               
                                                                               
HB 207                                                                       
The Rules Committee considered CS FOR HOUSE BILL NO.                           
207(FIN) am "An Act relating to adjustments to royalty reserved to             
the state to encourage otherwise uneconomic production of oil and              
gas; and providing for an effective date."  Signing to calendar:               
Senator Miller, Chair, Senators Pearce, Sharp, Duncan, Salo.                   
                                                                               
The bill is on today's calendar.                                               
                                                                               
                                                                               
                          SPECIAL COMMITTEE REPORTS                          
                                                                               
HCR 21                                                                       
HOUSE CONCURRENT RESOLUTION NO. 21 Suspending                                  
Uniform Rule 42(e) of the Alaska State Legislature concerning                  
House Bill No. 9, relating to recovery of damages from persons                 
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, which had been placed on                 
the Secretary's Desk (page 1744) was read the second time and was              
before the Senate on final passage.                                            
                                                                               
Senator Halford moved and asked unanimous consent that the                     
resolution be held to May 13.  Without objection, it was so ordered.           
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1783
                        CONSIDERATION OF THE CALENDAR                        
                                                                               
HB 87                                                                        
Senator Halford moved and asked unanimous consent that 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" be held to the         
May 13 calendar.  Without objection, it was so ordered.                        
                                                                               
HB 119                                                                       
Senator Halford moved and asked unanimous consent that HOUSE                   
BILL NO. 119 "An Act exempting schools from certain fees charged               
by the Department of Environmental Conservation; and providing for             
an effective date" be held to the May 13 calendar.  Without                    
objection, it was so ordered.                                                  
                                                                               
HB 124                                                                       
Senator Halford moved and asked unanimous consent that CS FOR                  
HOUSE BILL NO. 124(FIN) "An Act transferring the regulation of                 
nursing home administrators to the Department of Commerce and                  
Economic Development; abolishing the Board of Nursing Home                     
Administrators; clarifying the conditions under which a nursing home           
administrator license may be denied; and providing for an effective            
date" be held to the May 13 calendar.  Without objection, it was so            
ordered.                                                                       
                                                                               
HB 180                                                                       
Senator Halford moved and asked unanimous consent that HOUSE                   
BILL NO. 180 "An Act relating to liquor licenses issued to a hotel,            
motel, resort, or similar establishment; and providing for an effective        
date" be held to the May 13 calendar.  Without objection, it was so            
ordered.                                                                       
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1784
HB 200                                                                       
Senator Halford moved and asked unanimous consent that 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" be held to the May 13 calendar.  Without                
objection, it was so ordered.                                                  
                                                                               
HB 207                                                                       
Senator Halford moved and asked unanimous consent that CS FOR                  
HOUSE BILL NO. 207(FIN) am "An Act relating to adjustments to                  
royalty reserved to the state to encourage otherwise uneconomic                
production of oil and gas; and providing for an effective date" be             
held to the May 13 calendar.  Without objection, it was so ordered.            
                                                                               
HB 268                                                                       
Senator Halford moved and asked unanimous consent that CS FOR                  
HOUSE BILL NO. 268(FIN) "An Act making and amending                            
appropriations; and providing for an effective date" be held to the            
May 13 calendar.  Without objection, it was so ordered.                        
                                                                               
SB 136                                                                       
Senator Halford moved and asked unanimous consent that CS FOR                  
SENATE BILL NO. 136(FIN) "An Act making and amending                           
appropriations; and providing for an effective date" be held to the            
May 13 calendar.  Without objection, it was so ordered.                        
                                                                               
SB 121                                                                       
Senator Halford moved and asked unanimous consent that SENATE                  
BILL NO. 121 "An Act making an appropriation for deferred                      
maintenance for the University of Alaska; and providing for an                 
effective date" be held to the May 13 calendar.  Without objection,            
it was so ordered.                                                             
                                                                               
HJR 42                                                                       
Senator Halford moved and asked unanimous consent that HOUSE                   
JOINT RESOLUTION NO. 42 am Relating to regulation of water                     
carriers serving Alaska, be held to the May 13 calendar.  Without              
objection, it was so ordered.                                                  

1995-05-12                     Senate Journal                      Page 1785
HJR 25                                                                       
Senator Halford moved and asked unanimous consent that CS FOR                  
SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO.                              
25(RES) Relating to a ban on trawling in the eastern Gulf of Alaska            
east of 140 degrees west longitude, be held to the May 13 calendar.            
Without objection, it was so ordered.                                          
                                                                               
HJR 9                                                                        
Senator Halford moved and asked unanimous consent that CS FOR                  
HOUSE JOINT RESOLUTION NO. 9(JUD) Requesting the governor                      
to file suit in the United States Supreme Court against the United             
States government alleging violations of the civil rights of Americans         
listed as prisoners of war or missing in action in Southeast Asia,             
demanding that documents concerning these individuals be released;             
and requesting the other states to join in this suit, be held to the           
May 13 calendar.  Without objection, it was so ordered.                        
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 287                                                                       
Senator Halford moved and asked unanimous consent that the                     
reconsideration on HOUSE BILL NO. 287 "An Act relating to                      
outdoor advertising on trash receptacles and restrictions on outdoor           
advertising" be held to May 13.  Without objection, it was so                  
ordered.                                                                       
                                                                               
HB 288                                                                       
Senator Halford moved and asked unanimous consent that the                     
reconsideration on CS FOR HOUSE BILL NO. 288(L&C) am S "An                     
Act relating to procurement preferences and authorizing certain state          
real property lease extensions; and providing for an effective date"           
be held to May 13.  Without objection, it was so ordered.                      
                                                                               
HB 20                                                                        
Senator Torgerson moved and asked unanimous consent that the                   
reconsideration on 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" be held to May            
13.  Without objection, it was so ordered.                                     
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1786
HB 17                                                                        
Senator Duncan moved and asked unanimous consent that the                      
reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO.                         
17(FIN) "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" be held to May 13.  Without                   
objection, it was so ordered.                                                  
                                                                               
HB 116                                                                       
Senator Sharp moved and asked unanimous consent that the                       
reconsideration on CS FOR HOUSE BILL NO. 116(L&C) "An Act                      
exempting the Alaska Seafood Marketing Institute from the State                
Procurement Code" be held to May 13.  Without objection, it was                
so ordered.                                                                    
                                                                               
HB 159                                                                       
Senator Duncan moved and asked unanimous consent that the                      
reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO.                         
159(FIN) "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" be held to May 13.                 
Senator Taylor objected.                                                       
                                                                               
The question being: "Shall the reconsideration on SENATE CS FOR                
CS FOR HOUSE BILL NO. 159(FIN) be held to May 13?"  The                        
roll was taken with the following result:                                      
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1787
HB 159                                                                       
                                                                               
SCS CSHB 159(FIN)                                                              
Third Reading - On Reconsideration                                             
Hold  to 5/13                                                                  
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln,                  
Rieger, Salo, Zharoff                                                          
                                                                               
Nays:  Frank, Green, Halford, Leman, Miller, Pearce, R.Phillips,               
Sharp, Taylor, Torgerson                                                       
                                                                               
Hoffman changed from "Nay" to "Yea".                                           
                                                                               
and so, the reconsideration was not held.                                      
                                                                               
                                                                               
                        RECONSIDERATION OF HOUSE BILLS                       
HB 159                                                                       
Senator Taylor requested that the reconsideration on SENATE CS                 
FOR CS FOR HOUSE BILL NO. 159(FIN) "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" be taken up at this time.                                      
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 159(FIN) was before                        
the Senate on reconsideration.                                                 
                                                                               
The question to be reconsidered:  "Shall SENATE CS FOR CS FOR                  
HOUSE BILL NO. 159(FIN) "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"         
pass the Senate?"  The roll was taken with the following result:               
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1788
HB 159                                                                       
                                                                               
SCS CSHB 159(FIN)                                                              
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce,            
R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson                             
                                                                               
Nays:  Adams, Duncan, Ellis, Hoffman, Lincoln, Zharoff                         
                                                                               
Salo changed from "Nay" to "Yea".                                              
                                                                               
and so, SENATE CS FOR CS FOR HOUSE BILL NO. 159(FIN)                           
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.  Senator Duncan objected.                                         
                                                                               
The question being:  "Shall the effective date clause be adopted?"             
The roll was taken with the following result:                                  
                                                                               
SCS CSHB 159(FIN)                                                              
Effective Date Vote                                                            
                                                                               
YEAS:  13   NAYS:  7   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, Pearce,                    
R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson                             
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Zharoff                 
                                                                               
and so, the effective date clause failed and SENATE CS FOR CS                  
FOR HOUSE BILL NO. 159(FIN)(efd fld S) was referred to the                     
Secretary for engrossment.                                                     
                                                                               
Senators Taylor, Sharp moved and asked unanimous consent that                  
they be shown as cross sponsors on the bill.  Without objection, it            
was so ordered.                                                                
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1789
HJR 44                                                                       
The reconsideration on HOUSE JOINT RESOLUTION NO. 44                           
Proposing postage stamps honoring wild Alaska salmon and centuries             
of continued use of wild Alaska salmon for subsistence, sport, and             
commercial fish harvesters, was not taken up this legislative day and          
the resolution was signed by the President and Secretary and                   
returned to the House.                                                         
                                                                               
HB 107                                                                       
The reconsideration on CS FOR HOUSE BILL NO. 107(FSH) "An                      
Act relating to restrictions attached to certain commercial fisheries          
limited entry permits" was not taken up this legislative day and the           
bill was signed by the President and Secretary and returned to the             
House.                                                                         
                                                                               
HB 182                                                                       
The reconsideration on CS FOR HOUSE BILL NO. 182(HES) "An                      
Act allowing a dentist to delegate certain duties to a dental assistant"       
was not taken up this legislative day and the bill was signed by the           
President and Secretary and returned to the House.                             
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Announcements are at the end of the journal.                                   
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 159                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 159(FIN)(efd fld S)                        
"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" was engrossed, signed by the President and Secretary and                
returned to the House for consideration.                                       
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1790
                                  ENROLLMENT                                 
                                                                               
SB 5                                                                         
HOUSE CS FOR CS FOR SENATE BILL NO. 5(FIN) "An Act                             
relating to the Alaska Election Code and to state election                     
administration" 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 5:00 p.m., May 12,                
1995.                                                                          
                                                                               
SB 93                                                                        
HOUSE CS FOR CS FOR SENATE BILL NO. 93(RES)(efd fld S)                         
"An Act relating to the disposal of state land along the Dalton                
Highway" 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 5:00 p.m., May 12,                
1995.                                                                          
                                                                               
SB 117                                                                       
CS FOR SENATE BILL NO. 117(HES) am H "An Act establishing                      
a statewide independent living council and clarifying its relationship         
with existing agencies; 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 5:00 p.m., May 12, 1995.                                    
                                                                               
SB 142                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) "An Act                           
establishing the Alaska Human Resource Investment Council and                  
transferring certain functions of other entities to the council;               
abolishing the Employment Security Advisory Council; establishing              
a planning mechanism for employment training and other human                   
resource investment needs; 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 5:00 p.m., May 12, 1995.                                    
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1791
SB 171                                                                       
CS FOR SENATE BILL NO. 171(RES) "An Act extending the date                     
for a review of and a report on the current law regarding subsistence          
use of fish and game and delaying the repeal of the current law                
regarding subsistence use of fish and game; 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 5:00 p.m., May 12,                
1995.                                                                          
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Senator Halford moved and asked unanimous consent that the Senate              
stand in adjournment until 2:00 p.m., May 13, 1995.  Without                   
objection, the Senate adjourned at 1:57 a.m.                                   
                                                                               
                                                          Nancy Quinto         
                                               Secretary of the Senate         
                                                                               
                                                              May 1995         

1995-05-12                     Senate Journal                      Page 1792
                                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 12                               FRIDAY                    1:00 PM         
HB 286	CRUISE SHIP GAMBLING & PROMOTIONS                                       
                                                                               
MAY 12                               FRIDAY                    9:15 PM         
HB 268	APPROP: FY 96 CAPITAL PROJECTS BUDGET                                   
                                                                               
MAY 13                              SATURDAY                   0:00 AM         
 	TO MEET AT THE CALL OF THE CHAIR                                             
HB 269	TAX CREDIT: GIFTS TO PUBLIC BROADCASTING                                
HB  10	PAYMENT OF COSTS OF DWI ACCIDENTS                                       
                    ----------------------------------------                   
                                                                               
                                    RULES                                    
                              FAHRENKAMP ROOM 203                              
MAY 12                               FRIDAY                    1:20 AM         
HB 328	DISCOUNT FOR STATE MUSEUM VISIT BY GROUPS                               
HB 124	ABOLISH BD OF NURSING HOME ADMINISTRATORS                               
HJR 42	WATER CARRIERS SERVING ALASKA                                           
HB  10	PAYMENT OF COSTS OF DWI ACCIDENTS                                       
 	<PENDING REFERRAL>                                                           
HB  87	AUTHORIZING YOUTH COURTS                                                
HB 119	EXEMPT SCHOOLS FROM CERTAIN DEC FEES                                    
                                                                               
MAY 13                              SATURDAY                   2:00 AM         
HB 292	FISH & GAME ENFORCEMENT                                                 
HB 201	PRISONER LITIGATION AND APPEALS                                         
HB  48	MOTORCYCLE HELMET STANDARDS                                             
HB 268	APPROP: FY 96 CAPITAL PROJECTS BUDGET                                   
HB  10	PAYMENT OF COSTS OF DWI ACCIDENTS                                       
 	<PENDING REFERRAL>                                                           
                    ----------------------------------------                   
                                                                               
                                                                               

1995-05-12                     Senate Journal                      Page 1793
                                STATE AFFAIRS                                
                                 BELTZ ROOM 211                                
MAY 13                              SATURDAY                  11:00 AM         
HJR 48	KENAI PENINSULA SUBSISTENCE PROPOSAL                                    
                                                                               
                               JOINT COMMITTEES                              
                                                                               
                        CONFERENCE COMMITTEE ON HB 100                       
                               SENATE FINANCE 532                              
MAY 13                              SATURDAY                  11:00 AM         
 	CONFERENCE COMMITTEE ON HB 100                                               
                    ----------------------------------------                   
                                                                               
                             LEGISLATIVE COUNCIL                             
                               BUTROVICH ROOM 205                              
MAY 13                              SATURDAY                   2:00 PM         
 	LEGISLATIVE COUNCIL                                                          
                                                                               
                               OTHER COMMITTEES                              
                                                                               
                               MAJORITY CAUCUS                               
                               BUTROVICH ROOM 205                              
MAY 12                               FRIDAY                    5:15 PM         
 	MAJORITY CAUCUS                                                              
                    ----------------------------------------                   
                                                                               
                        CONFERENCE COMMITTEE ON HB 237                       
                                                                               
MAY 13                              SATURDAY                   5:00 PM         
 	CONFERENCE COMMITTEE ON HB 237