Legislature(1995 - 1996)
1995-05-16 Senate Journal
Full Journal pdf1995-05-16 Senate Journal Page 1891 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - FIRST SESSION Juneau, Alaska Tuesday May 16, 1995 One Hundred Twenty-first Day Pursuant to adjournment the Senate was called to order by President Pearce at 3:35 p.m. The roll showed fifteen members present. Senators Donley, Ellis, Frank, Phillips, Taylor were absent. The prayer was offered by the Chaplain, Jessica Perry, Senate Page. Senator Zharoff moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Dear Heavenly Father, We love You and thank You for all the great things You've done. We ask that You would continue to lead and to guide us in all that we do. As we depart from this place, Lord, protect us from harm, and show us Your way of truth. Be with us as we celebrate and as we continue to work for this nation and this state. Once again, thank You, Lord. You are the alpha and the omega - the beginning and the end. In Jesus' name, Amen. Senate Pages, Craig Brown, Carson Cargill and Anthony Easaw led the Senate in the pledge of allegiance. 1891 1995-05-16 Senate Journal Page 1892 MESSAGES FROM THE GOVERNOR HB 188 Message of May 15 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE BILL NO. 188(JUD) am "An Act creating the crime of indecent viewing or photography." Chapter 29, SLA 1995 Effective Date: 8/13/95 SB 27 Message of May 15 was read, stating the Governor signed the following bill and transmitted the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 27(JUD) "An Act relating to child visitation rights of grandparents and other persons who are not the parents of the child." Chapter 30, SLA 1995 Effective Date: 8/13/95 The presence of Senators Donley, Ellis, Frank, Phillips, Taylor was noted. RECONSIDERATION OF HOUSE BILLS HB 180 Senator Green requested that the reconsideration on SENATE CS FOR HOUSE BILL NO. 180(CRA) am S "An Act relating to liquor licenses issued to a hotel, motel, resort, or similar establishment; and providing for an effective date" be taken up at this time. SENATE CS FOR HOUSE BILL NO. 180(CRA) am S was before the Senate on reconsideration. 1995-05-16 Senate Journal Page 1893 HB 180 The question to be reconsidered: "Shall SENATE CS FOR HOUSE BILL NO. 180(CRA) am S "An Act relating to liquor licenses issued to a hotel, motel, resort, or similar establishment; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCSHB 180(CRA) am S Third Reading - On Reconsideration YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Hoffman, Lincoln, Rieger, Sharp, Torgerson Nays: Adams, Duncan, Ellis, Kelly, Leman, Miller, Pearce, R.Phillips, Salo, Taylor, Zharoff and so, SENATE CS FOR HOUSE BILL NO. 180(CRA) am S failed on reconsideration. MESSAGES FROM THE HOUSE HB 78 Message dated May 16 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. 78(FIN) am and SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) am S(efd fld S), thus passing: CONFERENCE CS FOR HOUSE BILL NO. 78 "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 1995-05-16 Senate Journal Page 1894 HB 78 Health and Social Services to seek waivers from the federal government to implement the projects; amending Alaska Rule of Civil Procedure 90.3; and providing for an effective date." The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 78 on May 15, 1995. HB 100 Message dated May 16 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. 100(FIN) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date" and SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) am S(efd/brf super maj fld S), thus passing: CONFERENCE CS FOR HOUSE BILL NO. 100 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 100 on May 15, 1995. HB 237 Message dated May 15 was read, stating the House has adopted the report of the Conference Committee considering CS FOR HOUSE BILL NO. 237(JUD) am and SENATE CS FOR CS FOR HOUSE BILL NO. 237(JUD)(efd fld S), thus passing: 1995-05-16 Senate Journal Page 1895 HB 237 CONFERENCE CS FOR HOUSE BILL NO. 237 "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to confidentiality of workers' compensation medical and rehabilitation information; to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits; to workers' compensation death benefits; to computation of workers' compensation benefits; to penalties for fraudulent acts related to workers' compensation; to immunity for employer workplace safety inspections related to workers' compensation insurance." The Senate adopted CONFERENCE CS FOR HOUSE BILL NO. 237 on May 15, 1995. HJR 42 Message of May 15 was read, stating the House concurred in the Senate amendment to HOUSE JOINT RESOLUTION NO. 42 am, thus passing: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 42(RLS) Relating to regulation of water carriers serving Alaska. HB 119 Message of May 15 was read, stating the House concurred in the Senate amendment to HOUSE BILL NO. 119, thus passing: HOUSE BILL NO. 119 am S "An Act exempting schools from certain fees charged by the Department of Environmental Conservation; and providing for an effective date." HB 288 Message of May 15 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 288(L&C) am, thus passing: 1995-05-16 Senate Journal Page 1896 HB 288 CS FOR HOUSE BILL NO. 288(L&C) am S(efd fld S) "An Act relating to procurement preferences and authorizing certain state real property lease extensions." STANDING COMMITTEE REPORTS HB 10 The Finance Committee considered CS FOR HOUSE BILL NO. 10(STA) am "An Act relating to payment for emergency services responding to certain motor vehicle accidents." Signing do pass: Senator Halford, Cochair, Senators Rieger, Phillips, Zharoff, Sharp. Previous House zero fiscal notes. The bill was referred to the Rules Committee. HB 286 The Finance Committee considered CS FOR HOUSE BILL NO. 286(FIN) am "An Act providing an exemption from gambling and certain alcoholic beverage laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining 'cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; providing an exemption from the coin-operated device tax for cruise ships exempted from the gambling laws; and providing for an effective date" and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 286(FIN) Signing no recommendation: Senator Halford, Cochair, Senators Donley, Zharoff. Signing do not pass: Senator Phillips. Signing do pass: Senators Rieger, Sharp. Previous House fiscal note. The bill was referred to the Rules Committee. 1995-05-16 Senate Journal Page 1897 HB 328 The Rules Committee considered HOUSE BILL NO. 328 "An Act relating to reduced fees and group discounts for visits to the state museum and its branches; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Duncan, Salo. The bill is on today's calendar. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to 4:20 p.m. Without objection, the Senate recessed at 4:04 p.m. AFTER RECESS The Senate reconvened at 4:45 p.m. Senator Pearce called the Senate. The call was satisfied. STANDING COMMITTEE REPORTS CONTINUED HJR 48 The Rules Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 48(RES) Requesting that the Federal Subsistence Board not adopt the proposed subsistence moose hunting regulations for the Kenai Peninsula, and refrain, until January 1, 1997, from adopting federal regulations that would grant subsistence preferences for fish or game or changing any customary and traditional use determinations. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. The resolution is on today's calendar. HB 10 The Rules Committee considered CS FOR HOUSE BILL NO. 10(STA) am "An Act relating to payment for emergency services responding to certain motor vehicle accidents." Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. The bill is on today's calendar. 1995-05-16 Senate Journal Page 1898 HB 122 The Rules Committee considered CS FOR HOUSE BILL NO. 122(FIN) "An Act imposing a reporting requirement on certain sales, transfers, and consumption or uses of motor fuel, increasing the motor fuel tax on motor fuel used in and on watercraft, and authorizing payment of a portion of that tax as refunds to municipalities; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Duncan, Salo. The bill is on today's calendar. HB 286 The Rules Committee considered CS FOR HOUSE BILL NO. 286(FIN) am "An Act providing an exemption from gambling and certain alcoholic beverage laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining 'cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; providing an exemption from the coin-operated device tax for cruise ships exempted from the gambling laws; and providing for an effective date." Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Duncan, Salo. The bill is on today's calendar. INTRODUCTION AND REFERENCE OF SENATE BILLS SB 184 SENATE BILL NO. 184 BY THE SENATE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: "An Act relating to civil liability for false claims and improper allegations or defenses in civil practice; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Judiciary Committees. 1995-05-16 Senate Journal Page 1899 SB 185 SENATE BILL NO. 185 BY SENATOR KELLY, entitled: "An Act relating to immunization records for children under the age of seven." was read the first time and referred to the Health, Education and Social Services and State Affairs Committees. SB 186 SENATE BILL NO. 186 BY THE SENATE LABOR AND COMMERCE COMMITTEE BY REQUEST, entitled: "An Act relating to partnerships; amending Alaska Rules of Civil Procedure 20 and 24; and providing for an effective date." was read the first time and referred to the Labor and Commerce and Judiciary Committees. SB 187 SENATE BILL NO. 187 BY SENATOR ADAMS, entitled: "An Act relating to regulation of telecommunications utilities." was read the first time and referred to the Community and Regional Affairs, State Affairs, Labor and Commerce and Finance Committees. HB 158 President Pearce added a further referral to the Labor and Commerce Committee on CS FOR HOUSE BILL NO. 158(FIN) am(ct rls pfld)(efd fld) "An Act relating to civil actions; amending Alaska Rule of Civil Procedure 95." CS FOR HOUSE BILL NO. 158(FIN) am(ct rls pfld)(efd fld) was referred to the Judiciary Committee, Labor and Commerce Committee, then Finance Committee. 1995-05-16 Senate Journal Page 1900 CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 10 CS FOR HOUSE BILL NO. 10(STA) am "An Act relating to payment for emergency services responding to certain motor vehicle accidents" was read the second time. Senator Halford moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE BILL NO. 10(STA) am was read the third time. The question being: "Shall CS FOR HOUSE BILL NO. 10(STA) am "An Act relating to payment for emergency services responding to certain motor vehicle accidents" pass the Senate?" The roll was taken with the following result: CSHB 10(STA) am Third Reading - Final Passage YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff Nays: Green, Hoffman, Taylor and so, CS FOR HOUSE BILL NO. 10(STA) am passed the Senate, was signed by the President and Secretary and returned to the House. HB 122 CS FOR HOUSE BILL NO. 122(FIN) "An Act imposing a reporting requirement on certain sales, transfers, and consumption or uses of motor fuel, increasing the motor fuel tax on motor fuel used in and on watercraft, and authorizing payment of a portion of that tax as refunds to municipalities; and providing for an effective date" was read the second time. 1995-05-16 Senate Journal Page 1901 HB 122 Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1799. Senator Duncan objected. The question being: "Shall the Finance Senate Committee Substitute be adopted?" The roll was taken with the following result: CSHB 122(FIN) Second Reading Adopt Finance Senate Committee Substitute? YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Hoffman, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Lincoln, Salo, Zharoff Hoffman changed from "Nay" to "Yea". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 122(FIN) was adopted and read the second time. Senator Torgerson offered Amendment No. 1 : Page 2, line 29, after "refunds": Insert "under AS43.40.150" Page 2, line 30: Delete "under AS43.40.150 for" Page 2, line 31, after "(A)": Insert "that, during the state fiscal year in which the refund is payable, expend or propose to expend an amount at least equal to the amount received by the municipality as a refund under AS43.40.150 for" Page 3, line 9, after "(B)": Insert "for" Senator Torgerson moved for the adoption of Amendment No. 1. Senator Lincoln objected. 1995-05-16 Senate Journal Page 1902 HB 122 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 122(FIN) Second Reading Amendment No. 1 YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Ellis, Lincoln and so, Amendment No. 1 was adopted. Senator Torgerson offered Amendment No. 2 : Page 3, line 7, after "from the state to": Delete "the" Insert "a" Page 4, lines 8 and 9: Delete "and to each city located in the unorganized borough" Insert ", to each city located in the unorganized borough, and to each city located in a borough if the borough does not exercise responsibility for water and harbor facilities on an areawide or nonareawide basis" Page 4, line 13, after "borough": Insert "that exercises responsibility for water and harbor facilities on an areawide basis, or exercises that responsibility on a nonareawide basis and all water and harbor facilities within cities within the borough are owned and operated by cities," 1995-05-16 Senate Journal Page 1903 HB 122 Page 4, line 17, after "borough": Insert "that exercises responsibility for water and harbor facilities on an areawide basis, or exercises that responsibility on a nonareawide basis and all water and harbor facilities within cities within the borough are owned and operated by cities," Senator Torgerson moved for the adoption of Amendment No. 2. Senator Ellis objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 122(FIN) am S Second Reading Amendment No. 2 YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Ellis, Lincoln and so, Amendment No. 2 was adopted. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 122(FIN) am S was read the third time. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 122(FIN) am S "An Act imposing a reporting requirement on certain sales, transfers, and consumption or uses of motor fuel, increasing the motor fuel tax on motor fuel used in and on watercraft, and authorizing payment of a portion of that tax as refunds to municipalities; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 1995-05-16 Senate Journal Page 1904 HB 122 SCS CSHB 122(FIN) am S Third Reading - Final Passage YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Hoffman, Kelly, Lincoln, Miller, Pearce, Rieger, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Green, Halford, Leman, R.Phillips, Salo Duncan changed from "Nay" to "Yea". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 122(FIN) am S passed the Senate. Senator Halford moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SCS CSHB 122(FIN) am S Effective Date Vote YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, the effective date clause was adopted and the bill was referred to the Secretary for engrossment. 1995-05-16 Senate Journal Page 1905 HB 286 CS FOR HOUSE BILL NO. 286(FIN) am "An Act providing an exemption from gambling and certain alcoholic beverage laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining `cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; providing an exemption from the coin-operated device tax for cruise ships exempted from the gambling laws; and providing for an effective date" was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 1896. Senator Duncan objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 286(FIN) was adopted and read the second time. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Leman objected. The question being: "Shall the bill be advanced to third reading?" The roll was taken with the following result: SCS CSHB 286(FIN) Advance from Second to Third Reading? YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Lincoln, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Leman, R.Phillips and so, the bill advanced to third reading. SENATE CS FOR CS FOR HOUSE BILL NO. 286(FIN) was read the third time. 1995-05-16 Senate Journal Page 1906 HB 286 The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 286(FIN) "An Act providing an exemption from gambling and certain alcoholic beverage laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining `cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; providing an exemption from the coin-operated device tax for cruise ships exempted from the gambling laws; and providing for an effective date" pass the Senate?" The roll was taken with the following result: SCS CSHB 286(FIN) Third Reading - Final Passage YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Hoffman, Lincoln, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips and so, SENATE CS FOR CS FOR HOUSE BILL NO. 286(FIN) passed the Senate. Senator Halford moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SCS CSHB 286(FIN) Effective Date Vote YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Lincoln, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Leman, R.Phillips 1995-05-16 Senate Journal Page 1907 HB 286 and so, the effective date clause was adopted and the bill was referred to the Secretary for engrossment. HB 328 HOUSE BILL NO. 328 "An Act relating to reduced fees and group discounts for visits to the state museum and its branches; and providing for an effective date" was read the second time. Senator Halford moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 328 was read the third time. The question being: "Shall HOUSE BILL NO. 328 "An Act relating to reduced fees and group discounts for visits to the state museum and its branches; and providing for an effective date" pass the Senate?" The roll was taken with the following result: HB 328 Third Reading - Final Passage Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, HOUSE BILL NO. 328 passed the Senate. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was signed by the President and Secretary and returned to the House. 1995-05-16 Senate Journal Page 1908 HOUSE BILLS IN THIRD READING HB 46 CS FOR HOUSE BILL NO. 46(STA) "An Act relating to the practice of architecture, engineering, and land surveying" which had been held in third reading on reconsideration (page 1886) was before the Senate. The question to be reconsidered: "Shall CS FOR HOUSE BILL NO. 46(STA) "An Act relating to the practice of architecture, engineering, and land surveying" pass the Senate?" The roll was taken with the following result: CSHB 46(STA) Third Reading - On Reconsideration YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Halford, Hoffman, Kelly, Lincoln, Miller, Pearce, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Ellis, Frank, Leman, R.Phillips and so, CS FOR HOUSE BILL NO. 46(STA) passed the Senate on reconsideration, was signed by the President and Secretary and returned to the House. HB 207 SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) am S "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" which had been held in third reading on reconsideration (page 1886) was before the Senate. Senator Rieger moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 12. Senator Duncan objected, then withdrew his objection. There being no further objections, the bill was returned to second reading. Senator Rieger offered Amendment No. 12 : 1995-05-16 Senate Journal Page 1909 HB 207 Page 3, lines 6-14: Delete all material. Insert: "(i) must include a mechanism for adjusting royalty percentage base on price; using forecasts of the range of future prices and their probabilities, the mechanism must provide that the value of the potential revenue increases resulting from royalty percentage increases must exceed the value of the potential revenue losses resulting from royalty percentage decreases; and" Senator Rieger moved and asked unanimous consent for the adoption of Amendment No. 12. Without objection, Amendment No. 12 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) am S was automatically in third reading. Senator Leman moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 13. Without objection, the bill was returned to second reading. Senator Leman offered Amendment No. 13 : Page 4, lines 14-22: Delete all text and replace with: (B) keep the data described in (A) of this paragraph confidential under AS 38.05.035(a)(9) at the request of the lessee or lessees making application for the royalty modification; the confidential data may be disclosed by the commissioner to legislators and to the legislative auditor and as directed by the chair or vice-chair of the LB&A Committee to the director of the division of legislative finance, the permanent employees of their respective divisions who are responsible for evaluating a royalty modification, and to agents or contractors of the legislative auditor or the legislative finance director who are engaged under contract to evaluate the royalty modification, provided they sign an appropriate confidentiality agreement; 1995-05-16 Senate Journal Page 1910 HB 207 Senator Leman moved for the adoption of Amendment No. 13. Senator Halford objected, then withdrew his objection. There being no further objections, Amendment No. 13 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) am S was automatically in third reading. The Senate stood at ease at 6:23 p.m. The Senate reconvened at 7:08 p.m. HB 207 Senator Rieger called for the previous question. Senator Duncan objected. The roll was taken with the following result: SCS CSHB 207(FIN) am S Third Reading - On Reconsideration Previous Question YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Miller, Pearce, R.Phillips, Rieger, Sharp, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Leman, Lincoln, Salo, Taylor, Zharoff and so, the motion failed. Senator Leman moved that the Senate return to second reading for the purpose of rescinding its previous action in adopting Amendment No. 3. Senator Rieger moved to table the motion. 1995-05-16 Senate Journal Page 1911 HB 207 The question being: "Shall the Senate table the motion to return to second reading?" The roll was taken with the following result: SCS CSHB 207(FIN) am S Return to rescind action Table motion YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Rieger, Sharp Nays: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Salo, Taylor, Torgerson, Zharoff and so, the motion failed. The question being: "Shall the Senate return to second reading for the purpose of rescinding its previous action in adopting Amendment No. 3?" The roll was taken with the following result: SCS CSHB 207(FIN) am S Return to Second to Rescind Previous Action YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Hoffman, Kelly, Leman, Lincoln, Pearce, R.Phillips, Salo, Taylor, Torgerson, Zharoff Nays: Ellis, Frank, Halford, Miller, Rieger, Sharp and so, the bill was returned to second reading. Senator Leman moved that the Senate rescind its previous action in adopting Amendment No. 3. Senator Rieger objected. The question being: "Shall the Senate rescind its previous action in adopting Amendment No. 3?" The roll was taken with the following result: 1995-05-16 Senate Journal Page 1912 HB 207 SCS CSHB 207(FIN) am S Second Reading Rescind action in adopting amendment #3 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Hoffman, Kelly, Leman, Lincoln, Salo, Taylor, Torgerson, Zharoff Nays: Ellis, Frank, Green, Halford, Miller, Pearce, R.Phillips, Rieger, Sharp and so, the Senate rescinded its previous action. Senator Leman offered the following amendment B to Amendment No. 3 (page 1816): Line 4 of Amendment No. 3: Delete "five" Insert "ten" Senator Leman moved for the adoption of amendment B to Amendment No. 3. Senator Rieger objected. Senator Rieger rose to a point of order. President Pearce ruled the motion out of order. Senator Leman appealed the ruling of the chair, then withdrew his appeal. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 1995-05-16 Senate Journal Page 1913 HB 207 SCS CSHB 207(FIN) am S Second Reading Amendment No. 3 YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Lincoln, Miller, Pearce, Rieger, Sharp, Taylor, Zharoff Nays: Hoffman, Kelly, Leman, R.Phillips, Salo, Torgerson and so, Amendment No. 3 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) am S was automatically in third reading. Senator Leman moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 16. Senator Rieger objected. The question being: "Shall the bill be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: SCS CSHB 207(FIN) am S Return to Second for Specific Amendment #16 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Hoffman, Kelly, Leman, Lincoln, R.Phillips, Salo, Taylor, Torgerson, Zharoff Nays: Ellis, Frank, Green, Halford, Miller, Pearce, Rieger, Sharp and so, the bill was returned to second reading. Senator Leman offered Amendment No. 16 : Page 2, line 9: Delete "five" Insert "ten" 1995-05-16 Senate Journal Page 1914 HB 207 Senator Leman moved for the adoption of Amendment No. 16. Senator Rieger objected. The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: SCS CSHB 207(FIN) am S Second Reading Amendment No. 16 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Hoffman, Kelly, Leman, Lincoln, Salo, Taylor, Torgerson, Zharoff Nays: Ellis, Frank, Green, Halford, Miller, Pearce, R.Phillips, Rieger, Sharp and so, Amendment No. 16 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) am S was automatically in third reading. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) am S "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" pass the Senate?" The roll was taken with the following result: SCS CSHB 207(FIN) am S Third Reading - On Reconsideration YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Green, Hoffman, Kelly, Leman, Lincoln, Miller, Salo, Taylor, Torgerson, Zharoff Nays: Ellis, Frank, Halford, Pearce, R.Phillips, Rieger, Sharp and so, SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) am S passed the Senate on reconsideration. 1995-05-16 Senate Journal Page 1915 HB 207 Senator Halford moved the effective date clause. Senator Rieger objected. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SCS CSHB 207(FIN) am S Effective Date Vote YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: R.Phillips, Rieger and so, the effective date clause was adopted and the bill was referred to the Secretary for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 48 CS FOR HOUSE JOINT RESOLUTION NO. 48(RES) Requesting that the Federal Subsistence Board not adopt the proposed subsistence moose hunting regulations for the Kenai Peninsula, and refrain, until January 1, 1997, from adopting federal regulations that would grant subsistence preferences for fish or game or changing any customary and traditional use determinations, was read the second time. Senator Taylor offered Amendment No. 1 : Page 2, line 16: Delete "the proposed subsistence moose hunting regulations for the Kenai Peninsula" Insert "any subsistence regulations which conflict with the Alaska State Constitution" 1995-05-16 Senate Journal Page 1916 HJR 48 Senator Taylor moved for the adoption of Amendment No. 1. Senator Salo objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHJR 48(RES) Second Reading Amendment No. 1 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Torgerson, Zharoff and so, Amendment No. 1 was adopted. Senator Halford moved and asked unanimous consent that CS FOR HOUSE JOINT RESOLUTION NO. 48(RES) am S be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR HOUSE JOINT RESOLUTION NO. 48(RES) am S was read the third time. Senator Torgerson moved and asked unanimous consent that he be shown as a cross sponsor on the resolution. Without objection, it was so ordered. Senator Salo moved that the Senate return to second reading for the purpose of rescinding its previous action in adopting Amendment No. 1. Senator Halford objected. The question being: "Shall the Senate return to second reading for the purpose of rescinding its previous action?" The roll was taken with the following result: 1995-05-16 Senate Journal Page 1917 HJR 48 CSHJR 48(RES) am S Return to Second to Rescind Previous Action YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Pearce, Rieger, Salo, Torgerson, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Sharp, Taylor and so, the resolution was returned to second reading. The question being: "Shall the Senate rescind its previous action in adopting Amendment No. 1?" The roll was taken with the following result: CSHJR 48(RES) am S Second Reading Rescind action in adopting amendment #1 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Rieger, Salo, Torgerson, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Sharp, Taylor and so, the Senate failed to rescind its action in adopting Amendment No. 1. CS FOR HOUSE JOINT RESOLUTION NO. 48(RES) am S was automatically in third reading. 1995-05-16 Senate Journal Page 1918 HJR 48 The question being: "Shall CS FOR HOUSE JOINT RESOLUTION NO. 48(RES) am S Requesting that the Federal Subsistence Board not adopt the proposed subsistence moose hunting regulations for the Kenai Peninsula, and refrain, until January 1, 1997, from adopting federal regulations that would grant subsistence preferences for fish or game or changing any customary and traditional use determinations, pass the Senate?" The roll was taken with the following result: CSHJR 48(RES) am S Third Reading - Final Passage YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Green, Hoffman, Lincoln, Zharoff and so, CS FOR HOUSE JOINT RESOLUTION NO. 48(RES) am S passed the Senate and the resolution was referred to the Secretary for engrossment. CITATIONS Honoring - The Valedictorian of the Homer High School, Class of 1995, Daniel Boone Senator(s) Torgerson, Salo, Leman, Zharoff, Kelly, Green, Pearce, Taylor Honoring - The Valedictorian of the Nikolvaevsk High School Class of 1995, Hionia Kojin Senator(s) Torgerson, Salo, Leman, Zharoff, Kelly, Green, Pearce, Taylor, Donley Honoring - The Valedictorian of the Seward High School Class of 1995, Charles J. Boerger Senator(s) Torgerson, Salo, Leman, Zharoff, Kelly, Green, Taylor, Donley 1995-05-16 Senate Journal Page 1919 Honoring - The Valedictorian of the Ninilchik High School Class of 1995, Ivan Z. Encelewski Senator(s) Torgerson, Leman, Salo, Zharoff, Kelly, Green, Pearce, Taylor, Donley Honoring - The Valedictorian of the Susan B. English High School Class of 1995, Bret Higman Senator(s) Torgerson, Salo, Leman, Zharoff, Kelly, Green, Pearce, Taylor, Donley Honoring - KINY Radio on its 60th Anniversary Senator(s) Duncan, Phillips, Zharoff, Kelly, Hoffman, Green, Pearce, Taylor, Adams, Lincoln, Rieger Representative(s) Robinson, Elton Honoring - The Alaska Gold Kings 1995 U.S. Elite National Hockey Champions Representative(s) Davies Senator(s) Miller, Sharp, Frank, Leman, Phillips, Zharoff, Kelly, Green, Pearce, Taylor, Adams, Lincoln Honoring - Patrick M. O'Connell, Educator, Commercial Fisherman and Public Servant Representative(s) Navarre, G. Phillips, G. Davis, Vezey, Martin Senator(s) Salo, Torgerson, Phillips, Halford, Kelly, Leman, Zharoff, Hoffman, Green, Pearce, Taylor, Ellis, Adams, Lincoln In Memoriam - Earl Walker Senator(s) Taylor, Zharoff, Kelly, Hoffman, Green, Lincoln, Halford Representative(s) Grussendorf Honoring - Will Arthur, Victoria Shaver, Atoya Brewster, Craig Brown, Carson Cargill, Anthony Easaw, Marty Sager, Jessica Perry, Rosanna Sturgis, Senate Sergeant-at-Arms and staff Senator(s) Miller, Pearce, Donley, Green, Adams, Duncan, Zharoff, Taylor, Kelly, Ellis, Rieger, Hoffman, Phillips, Leman, Salo, Lincoln, Halford, Torgerson 1995-05-16 Senate Journal Page 1920 Honoring - Suzi Lowell, Londi Ensor, Lilla Giles, Sue Gullufsen, Diana Hamar, Marcia Wilcox, House Chief Clerk and Staff Representative(s) Vezey Senator(s) Green, Adams, Pearce, Duncan, Zharoff, Taylor, Kelly, Hoffman, Leman, Salo, Lincoln, Halford Honoring - Sean Riley, Adam Berg, Monica Graziano, Naomi Nelson, Jack Schmidt, Eliska Champagne Veselka, Marta Lastufka, House Sergeant-at-Arms and Staff Representative(s) Vezey Senator(s) Green, Adams, Pearce, Duncan, Zharoff, Taylor, Kelly, Rieger, Hoffman, Leman, Lincoln, Halford Celebrating the Opening of Anne Hopkins Wien Elementary School Representative(s) Brice Senator(s) Frank, Sharp, Pearce, Duncan, Zharoff, Taylor, Kelly, Hoffman, Leman, Lincoln, Halford Honoring - Brent Walker Byrne Representative(s) B. Davis Senator(s) Duncan, Zharoff, Taylor, Kelly, Hoffman, Lincoln Honoring - Roz Strang for Excellence in Song and in Teaching Representative(s) Kubina Senator(s) Lincoln, Pearce, Duncan, Zharoff, Taylor, Kelly, Hoffman, Leman Honoring - Thomas Smith Representative(s) Davies Senator(s) Frank, Duncan, Zharoff, Taylor, Kelly, Hoffman, Leman, Lincoln Honoring - Kathy Berry, Deborah Coccia, Jan Dalrymple, UAF Geophysical Institute Representative(s) Davies Senator(s) Frank, Pearce, Duncan, Zharoff, Taylor, Kelly, Hoffman, Leman, Lincoln In Memoriam - Donald J. Jackson Representative(s) Foster Senator(s) Adams, Duncan, Zharoff, Taylor, Kelly, Hoffman, Lincoln 1995-05-16 Senate Journal Page 1921 In Memoriam - Larry Lloyd Minix, Jr. Representative(s) Foster Senator(s) Adams, Duncan, Zharoff, Taylor, Kelly, Hoffman, Lincoln Senator Halford moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. Senator Halford moved and asked unanimous consent that the notice and publication requirements be waived and the following citation be made a special order of business. Without objection, it was so ordered. SPECIAL ORDER OF BUSINESS Honoring - Jude T. Metoyer, Outstanding Achievement Representative(s) B. Davis Senator(s) Lincoln Senator Halford moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. UNFINISHED BUSINESS RECONSIDERATION OF HOUSE BILLS HB 200 Senator Halford requested that the reconsideration on HOUSE BILL NO. 200 "An Act reassigning responsibility for the custody of persons pending their arraignments, commitment to the custody of the commissioner of corrections, or admission to a state correctional facility, and authorizing the commissioner of corrections to employ guards for emergencies on the same basis as the commissioner of public safety, as partially exempt service employees; and providing for an effective date" be taken up at this time. 1995-05-16 Senate Journal Page 1922 HB 200 HOUSE BILL NO. 200 was before the Senate on reconsideration. Senator Halford moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, the bill was returned to second reading. Senator Halford offered Amendment No. 1 : Page 2: Delete language in Section 3 and replace with Sec. 3. AS 39.25.120(c) is amended by adding a new subsection to read: (19) Guards employed by the Department of Corrections, other than in state correctional facilities, to carry out the responsibility of the Commissioner of Corrections under AS 33.30.071(b); Renumber remaining subsections accordingly. Senator Halford moved and asked unanimous consent for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. HOUSE BILL NO. 200 am S was automatically in third reading. The question to be reconsidered: "Shall HOUSE BILL NO. 200 am S "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" pass the Senate?" The roll was taken with the following result: 1995-05-16 Senate Journal Page 1923 HB 200 HB 200 am S Third Reading - On Reconsideration Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, HOUSE BILL NO. 200 am S passed the Senate on reconsideration. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill and was referred to the Secretary for engrossment. The Senate returned to: MESSAGES FROM THE HOUSE SB 16 Message of May 16 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 16(FIN) am with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 16(FIN) "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation." Senator Halford moved that the Senate concur in the House amendment. 1995-05-16 Senate Journal Page 1924 SB 16 The question being: "Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 16(FIN) am?" The roll was taken with the following result: HCS CSSB 16(FIN) Shall the Senate concur in the House amendment to CSSB 16(FIN) am? YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Nays: Ellis, Hoffman, Lincoln, Salo and so, the Senate concurred in the House amendment, thus passing HOUSE CS FOR CS FOR SENATE BILL NO. 16(FIN) "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation." The Secretary was requested to notify the House. HOUSE CS FOR CS FOR SENATE BILL NO. 16(FIN) was referred to the Secretary for enrollment. RECONSIDERATION OF HOUSE BILLS HB 120 Senator Miller requested that the reconsideration on CS FOR HOUSE BILL NO. 120(FIN) "An Act relating to public employers defending and indemnifying public employees and former public employees with respect to claims arising out of conduct that is within the scope of employment" be taken up at this time. CS FOR HOUSE BILL NO. 120(FIN) was before the Senate on reconsideration. 1995-05-16 Senate Journal Page 1925 HB 120 Senator Miller moved and asked unanimous consent that the bill be returned to the Rules Committee. Without objection, it was so ordered. HB 180 Senator Halford moved and asked unanimous consent that the Senate rescind its previous action in failing SENATE CS FOR HOUSE BILL NO. 180(CRA) am S "An Act relating to liquor licenses issued to a hotel, motel, resort, or similar establishment; and providing for an effective date." The question being: "Shall the Senate rescind its previous action in failing SENATE CS FOR HOUSE BILL NO. 180(CRA) am S?" The roll was taken with the following result: SCSHB 180(CRA) am S Shall the Senate rescind its previous action in failing to pass? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Frank, Green, Halford, Kelly, Miller, Pearce, Rieger, Sharp, Torgerson, Zharoff Nays: Adams, Ellis, Hoffman, Leman, Lincoln, R.Phillips, Salo, Taylor and so, the Senate rescinded its previous action. Senator Miller moved and asked unanimous consent that the bill be returned to the Rules Committee. Without objection, it was so ordered. 1995-05-16 Senate Journal Page 1926 HB 233 Senator Halford moved that the Senate recede from its amendments to CS FOR HOUSE BILL NO. 233(FIN) am "An Act extending the termination date of the Board of Clinical Social Work Examiners, Board of Marine Pilots, Board of Marital and Family Therapy, State Medical Board, Board of Nursing, Board of Psychologist and Psychological Associate Examiners, Real Estate Commission, Special Education Service Agency, Correctional Industries Commission, and Hazardous Substance Spill Technology Review Council; and providing for an effective date." Senator Rieger objected. The question being: "Shall the Senate recede from its amendments to CS FOR HOUSE BILL NO. 233(FIN) am?" The roll was taken with the following result: Shall the Senate recede from its amendments, thus adopting CSHB 233(FIN) am? YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Miller, Pearce, R.Phillips, Taylor, Torgerson, Zharoff Nays: Hoffman, Kelly, Leman, Lincoln, Rieger, Salo, Sharp and so, CS FOR HOUSE BILL NO. 233(FIN) am "An Act extending the termination date of the Board of Clinical Social Work Examiners, Board of Marine Pilots, Board of Marital and Family Therapy, State Medical Board, Board of Nursing, Board of Psychologist and Psychological Associate Examiners, Real Estate Commission, Special Education Service Agency, Correctional Industries Commission, and Hazardous Substance Spill Technology Review Council; and providing for an effective date" passed the Senate. Senator Halford moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: 1995-05-16 Senate Journal Page 1927 HB 233 CSHB 233(FIN) am Effective Date YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, the effective date clause was adopted. The Secretary was requested to notify the House. HJR 23 The reconsideration on CS FOR HOUSE JOINT RESOLUTION NO. 23(FSH) Relating to the North Pacific Fishery Management Council's inshore/offshore allocations and the Western Alaska Community Development Quota Program, was not taken up this legislative day and the resolution was signed by the President and Secretary and returned to the House. HB 124 The reconsideration on 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" was not taken up this legislative day and the bill was signed by the President and Secretary and returned to the House. SB 53 Memorandum dated May 10 from Division of Legal Services, Legislative Affairs Agency: 1995-05-16 Senate Journal Page 1928 SB 53 In accordance with Rule 43 of the Uniform Rules, I am reporting the following clerical errors that occurred in HOUSE CS FOR CS FOR SENATE BILL NO. 53(L&C) am H "An Act relating to insurance; amending Alaska Rule of Civil Procedure 45; and providing for an effective date" that have been corrected in enrolling: Page 1, line 14, following "paragraph": Insert "," Page 6, line 7, following "application" Delete "," Page 53, line 16: Delete "insurancer" Insert "insurance" ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT HJR 48 CS FOR HOUSE JOINT RESOLUTION NO. 48(RES) am S Requesting that the Federal Subsistence Board not adopt the proposed subsistence moose hunting regulations for the Kenai Peninsula, and refrain, until January 1, 1997, from adopting federal regulations that would grant subsistence preferences for fish or game or changing any customary and traditional use determinations, was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 122 SENATE CS FOR CS FOR HOUSE BILL NO. 122(FIN) am S "An Act imposing a reporting requirement on certain sales, transfers, and consumption or uses of motor fuel, increasing the motor fuel tax on motor fuel used in and on watercraft, and authorizing payment of a portion of that tax as refunds to municipalities; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. 1995-05-16 Senate Journal Page 1929 HB 200 HOUSE BILL NO. 200 am S "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" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 207 SENATE CS FOR CS FOR HOUSE BILL NO. 207(FIN) am S "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" was engrossed, signed by the President and Secretary and returned to the House for consideration. HB 286 SENATE CS FOR CS FOR HOUSE BILL NO. 286(FIN) "An Act providing an exemption from gambling and certain alcoholic beverage laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining 'cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; providing an exemption from the coin-operated device tax for cruise ships exempted from the gambling laws; and providing for an effective date" was engrossed, signed by the President and Secretary and returned to the House for consideration. ENROLLMENT SJR 27 CS FOR SENATE JOINT RESOLUTION NO. 27(RES) Endorsing development of the Fall Creek hydroelectric project near Gustavus, 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 1:41 p.m. on May 16, 1995. 1995-05-16 Senate Journal Page 1930 SB 88 CS FOR SENATE BILL NO. 88(FIN) "An Act establishing a pilot program for charter schools; 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 1:41 p.m. on May 16, 1995. SB 115 CS FOR SENATE BILL NO. 115(FIN) am "An Act repealing the Uniform Reciprocal Enforcement of Support Act; enacting the Uniform Interstate Family Support Act; relating to administrative establishment and disestablishment of paternity and establishing paternity by affidavit; relating to child support enforcement; amending Alaska Rules of Civil Procedure 79, 82, and 90.3(h)(2); and providing for an effective date" was 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 1:41 p.m. on May 16, 1995. President Pearce appointed Senators Lincoln, Leman to call on the Governor and inform him the Senate was ready to adjourn. President Pearce appointed Senators Green, Salo to call on the House and inform them the Senate was ready to adjourn. ADJOURNMENT Senator Phillips moved and asked unanimous consent that the Senate stand in adjournment until 10:00 a.m., January 8, 1996. Without objection, the Senate adjourned at 10:05 p.m. Nancy Quinto Secretary of the Senate May 1995 1995-05-16 Senate Journal Page 1931 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 16 TUESDAY 1:00 PM FINANCE ---------------------------------------- RULES FAHRENKAMP ROOM 203 MAY 16 TUESDAY 4:00 PM HB 122 MARINE MOTOR FUEL TAX HB 10 PAYMENT OF COSTS OF DWI ACCIDENTS HB 269 TAX CREDIT: GIFTS TO PUBLIC BROADCASTING <PENDING REFERRAL> HB 286 CRUISE SHIP GAMBLING & PROMOTIONS HJR 48 KENAI PENINSULA SUBSISTENCE PROPOSAL JOINT COMMITTEES SELECT COMMITTEE ON LEGISLATIVE ETHICS ANCHORAGE LIO MAY 22 MONDAY 10:00 AM HOUSE SUBCOMMITTEE ON LEGISLATIVE ETHICS ---------------------------------------- LONG RANGE FINANCIAL PLANNING COMMISSION ANCHORAGE LIO MAY 19 FRIDAY 9:00 AM LONG RANGE FINANCIAL PLANNING COMMISSION MAY 20 SATURDAY 8:00 AM LONG RANGE FINANCIAL PLANNING COMMISSION 1995-05-16 Senate Journal Page 1932 OTHER COMMITTEES MAJORITY CAUCUS BUTROVICH ROOM 205 MAY 16 TUESDAY 4:25 AM MAJORITY CAUCUS