Legislature(1995 - 1996)
1995-05-12 Senate Journal
Full Journal pdf1995-05-12 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