Legislature(1995 - 1996)
1996-04-02 Senate Journal
Full Journal pdf1996-04-02 Senate Journal Page 3007 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Tuesday Eighty-sixth Day Pursuant to adjournment the Senate was called to order by President Pearce at 11:09 a.m. The roll showed eighteen members present. Senators Green, Zharoff were absent. The prayer was offered by the Chaplain, Susan Fitzgerald of the Juneau Jewish Community. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Blessed are You, our God, who gives us body and mind, who wipes slumber from our eyes. Thank You for bringing up each new day. Amen. Senator Frank led the Senate in the pledge of allegiance. The presence of Senator Green was noted. CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the eighty-fifth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Messages of April 1 were read, stating the House passed and transmitted for consideration: 3007 1996-04-02 Senate Journal Page 3008 FIRST READING AND REFERENCE OF HOUSE BILLS HB 230 CS FOR HOUSE BILL NO. 230(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act making appropriations to the Department of Education for support of kindergarten, primary, and secondary education and for community schools programs for fiscal year 1997; and providing for an effective date. was read the first time and referred to the Finance Committee. HB 325 CS FOR HOUSE BILL NO. 325(FIN) am BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to modification of royalty to encourage production from an oil pool containing heavy oil; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. HB 341 CS FOR HOUSE BILL NO. 341(FIN) BY THE HOUSE FINANCE COMMITTEE, entitled: An Act relating to administrative adjudication and judicial appeals and to the informal resolution of certain factual disputes between taxpayers and the Department of Revenue; establishing the office of tax appeals as a quasi-judicial agency in the Department of Administration; revising the procedures for hearing certain tax appeals, including appeals regarding seafood marketing assessments; relating to consideration and determination by the superior court of disputes involving certain taxes and penalties due, and amending provisions relating to the assessment, levy, and collection of taxes and penalties by the state and to the tax liability of taxpayers; providing for the release of agency records relating to formal administrative tax appeals; relating to litigation disclosure of public records; clarifying administrative subpoena power in certain tax matters; and providing for an effective date. 1996-04-02 Senate Journal Page 3009 HB 341 was read the first time and referred to the Judiciary and Finance Committees. HB 372 CS FOR HOUSE BILL NO. 372(L&C) am BY THE HOUSE LABOR AND COMMERCE COMMITTEE, entitled: An Act relating to the authority of the Alcoholic Beverage Control Board to exempt certain restaurant or eating place licenses from requirements relating to operation of a restaurant and to food sales; and providing for an effective date. was read the first time and referred to the Judiciary Committee. HB 547 CS FOR HOUSE BILL NO. 547(RES) am BY THE HOUSE RESOURCES COMMITTEE, entitled: An Act relating to a four-year moratorium on entry into Southeast Alaska dive fisheries; and providing for an effective date. was read the first time and referred to the Resources Committee. The presence of Senator Zharoff was noted. STANDING COMMITTEE REPORTS SJR 40 The Judiciary Committee considered SENATE JOINT RESOLUTION NO. 40 Relating to extension of the United States Forest Service timber sale contract with the Ketchikan Pulp Company, and recommended it be replaced with CS FOR SENATE JOINT RESOLUTION NO. 40(JUD) Signing do pass: Senator Taylor, Chair, Senators Green, Miller. Signing do not pass: Senator Ellis. 1996-04-02 Senate Journal Page 3010 SJR 40 Zero fiscal note for the committee substitute published today from the Judiciary Committee. The resolution was referred to the Rules Committee. SB 141 The State Affairs Committee considered SENATE BILL NO. 141 An Act relating to legislative ethics; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 141(STA), entitled: An Act relating to legislative ethics; prohibiting the spouses and cohabitants of legislators from serving as legislative lobbyists; relating to campaigning by state employees; relating to the filing of financial disclosures by certain state employees and officials; and providing for an effective date. and further attaches a State Affairs Committee Letter of Intent. Signing no recommendation: Senator Sharp, Chair, Senators Leman, Donley, Duncan. Signing do pass: Senator Phillips. Letter of Intent for CS for SENATE BILL NO. 141(STA) It is the intent of the legislature that nothing in this legislation shall be construed as prohibiting a legislator from being employed or being retained on a contractual basis by any political subdivision of the state. Zero fiscal notes for the committee substitute published today from Department of Administration, Legislative Affairs Agency. The bill was referred to the Rules Committee. 1996-04-02 Senate Journal Page 3011 SB 177 Fiscal note for the Finance Committee Substitute (pages 2899, 2922) for SENATE BILL NO. 177 An Act relating to permits to carry concealed handguns published today from Department of Public Safety. SB 268 Forthcoming zero fiscal notes (page 2964) for the Judiciary Committee Substitute for SENATE BILL NO. 268 An Act relating to release before trial in cases involving controlled substances published today from Department of Law, Department of Public Safety. SB 275 The State Affairs Committee considered SENATE BILL NO. 275 An Act relating to state procurement practices and procedures; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 275(STA) Signing do pass: Senator Sharp, Chair, Senators Leman, Phillips, Donley. Signing no recommendation: Senator Duncan. Previous fiscal notes and zero fiscal notes apply. The bill was referred to the Judiciary Committee. SB 301 The Health, Education and Social Services Committee considered SENATE BILL NO. 301 An Act relating to postsecondary education and recommended it be replaced with CS FOR SENATE BILL NO. 301(HES), entitled: An Act relating to postsecondary education; and providing for an effective date. Signing do pass: Senator Green, Chair, Senators Miller, Leman. Signing no recommendation: Senator Ellis. Signing amend: Senator Salo. 1996-04-02 Senate Journal Page 3012 SB 301 Fiscal notes (2) and zero fiscal note for the committee substitute published today from Department of Education. The bill was referred to the Finance Committee. SB 311 The Resources Committee considered SENATE BILL NO. 311 An Act relating to marine safety training and education programs and recommended it be replaced with CS FOR SENATE BILL NO. 311(RES) Signing do pass: Senator Leman, Chair, Senators Hoffman, Taylor, Frank. Signing no recommendation: Senator Pearce. Zero fiscal notes for the bill and committee substitute published today from Department of Labor, Department of Revenue. The bill was referred to the Finance Committee. HJR 58 The Resources Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 58(RES) Relating to reauthorization and reform of the Endangered Species Act. Signing do pass: Senator Leman, Chair, Senators Pearce, Taylor, Frank. Signing do not pass: Senator Hoffman. Previous House zero fiscal note. The resolution was referred to the Rules Committee. HJR 60 The Resources Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) Relating to Revised Statute 2477 rights-of-way, and recommended it be replaced with SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) Signing do pass: Senator Leman, Chair, Senators Pearce, Taylor, Hoffman, Frank. Signing no recommendation: Senator Lincoln. 1996-04-02 Senate Journal Page 3013 HJR 60 Previous House zero fiscal note. The resolution was referred to the Rules Committee. HB 104 Forthcoming zero fiscal note (page 2538) for the Health, Education and Social Services Senate Committee Substitute for CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104(JUD) am An Act relating to disclosures of information about certain minors published today from Department of Administration. HB 539 The Resources Committee considered HOUSE BILL NO. 539 An Act changing the name of the Alaska Soil and Water Conservation Board. Signing do pass: Senator Leman, Chair, Senators Pearce, Taylor, Lincoln, Hoffman, Frank. Previous House zero fiscal note. The bill was referred to the Rules Committee. SB 42 The Rules Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 42 An Act allowing a person to hold more than one entry permit for certain fisheries and amending the definition of `unit of gear' for purposes of the commercial fisheries limited entry program; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. The bill is on today's calendar. SB 177 The Rules Committee considered SENATE BILL NO. 177 An Act relating to permits to carry concealed handguns. Signing to calendar: Senator Miller, Chair, Senators Sharp, Pearce. Signing no recommendation: Senators Duncan, Salo. The bill is on today's calendar. 1996-04-02 Senate Journal Page 3014 SB 181 The Rules Committee considered SPONSOR SUBSTITUTE FOR SENATE BILL NO. 181 An Act relating to the promotion of Alaska businesses through signs, displays, and devices within or adjacent to highway rights-of-way, to municipal regulation of directional signs, displays, and devices, and to penalties for violations related to outdoor advertising. Signing to calendar: Senator Miller, Chair, Senators Sharp, Duncan, Salo, Pearce. The bill is on today's calendar. SB 211 The Rules Committee considered SENATE BILL NO. 211 An Act relating to sexual assault; and relating to endangering the welfare of vulnerable adults and neglect of vulnerable adults and recommended it be replaced with CS FOR SENATE BILL NO. 211(RLS), entitled: An Act relating to sexual assault; and relating to endangering the welfare of vulnerable adults. Signing to calendar: Senator Miller, Chair, Senators Sharp, Duncan, Salo, Pearce. Previous zero fiscal notes apply. The bill is on today's calendar. SB 230 The Rules Committee considered SENATE BILL NO. 230 An Act providing that state land, water, and land and water may not be classified so as to preclude or restrict traditional means of access for traditional recreational uses. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp. Signing under other recommendations: Senator Salo. The bill is on today's calendar. SB 268 The Rules Committee considered SENATE BILL NO. 268 An Act relating to release before trial in cases involving controlled substances. Signing to calendar: Senator Miller, Chair, Senators Duncan, Pearce, Sharp, Salo. 1996-04-02 Senate Journal Page 3015 SB 268 The bill is on today's calendar. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 42 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 42 An Act allowing a person to hold more than one entry permit for certain fisheries and amending the definition of `unit of gear' for purposes of the commercial fisheries limited entry program; and providing for an effective date was read the second time. Senator Taylor offered Amendment No. 1 : Page 2, line 1: Delete "hold two or more" Insert "not hold more than two" Page 2, lines 3 - 5: Delete "(B) acquire an additional entry permit for the fishery after the person has acquired entry permits that cumulatively authorize the use of one or more units of gear in the fishery." Insert "(B) acquire a second entry permit for the fishery after the person has acquired an entry permit that authorizes the use of an entire unit of gear in the fishery." Senator Taylor moved for the adoption of Amendment No. 1. Objections were heard, then withdrawn. There being no further objections, Amendment No. 1 was adopted. 1996-04-02 Senate Journal Page 3016 SB 42 Senator Halford moved and asked unanimous consent that SPONSOR SUBSTITUTE FOR SENATE BILL NO. 42 am be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SPONSOR SUBSTITUTE FOR SENATE BILL NO. 42 am was read the third time. The question being: Shall SPONSOR SUBSTITUTE FOR SENATE BILL NO. 42 am An Act allowing a person to hold more than one entry permit for certain fisheries and amending the definition of `unit of gear' for purposes of the commercial fisheries limited entry program; and providing for an effective date pass the Senate? The roll was taken with the following result: SSSB 42 am 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, SPONSOR SUBSTITUTE FOR SENATE BILL NO. 42 am passed the Senate. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SB 177 SENATE BILL NO. 177 An Act relating to permits to carry concealed handguns was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2922. Senator Lincoln objected. 1996-04-02 Senate Journal Page 3017 SB 177 The question being: Shall the Finance Committee Substitute be adopted? The roll was taken with the following result: SB 177 Second Reading Adopt FIN Committee Substitute? YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Leman, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Lincoln Absent: Kelly and so, CS FOR SENATE BILL NO. 177(FIN) An Act relating to permits to carry concealed handguns; and relating to possession of firearms on state ferries was adopted and read the second time. Senator Halford offered Amendment No. 1 : Page 2, lines 18 - 19: Delete "did not consume an intoxicating liquor at any time during the eight hours before the possession" Insert "did not have more than 0.04 percent by weight of alcohol in the person's blood, more than 40 milligrams of alcohol per 100 milligrams of blood, or more than 0.04 grams of alcohol per 210 liters of the person's breath, as determined by a chemical test taken within four hours after the offense was committed" Page 2, following line 27: Insert a new bill section to read: "* Sec. 3. AS11.61.220 is amended by adding a new subsection to read: (h) When the holder of a valid permit to carry a concealed handgun under AS18.65.700 - 18.65.790 is charged by a peace officer or arrested for violating (a)(2) of 1996-04-02 Senate Journal Page 3018 SB 177 this section, the holder may request the peace officer to conduct a blood or breath test, at the expense of the holder, to determine the holder's blood alcohol level for use under (d)(1) of this section." Renumber the following bill sections accordingly. Senator Halford moved for the adoption of Amendment No. 1. Senator Duncan objected. Senator Rieger offered the following amendment to Amendment No. 1: Page 1, lines 4 and 6: Delete: 0.04 Insert: 0.02 Page 1, line 5: Delete: 40 Insert: 20 Senator Rieger moved and asked unanimous consent for the adoption of the amendment to Amendment No. 1. Senators Halford, Donley objected. The question being: Shall the amendment to Amendment No. 1 be adopted? The roll was taken with the following result: CSSB 177(FIN) Second Reading Amendment to Amendment No. 1 YEAS: 6 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Duncan, Ellis, Leman, Lincoln, Rieger, Salo Nays: Adams, Donley, Frank, Green, Halford, Hoffman, Kelly, Miller, Pearce, R.Phillips, Sharp, Taylor, Torgerson, Zharoff and so, the amendment to Amendment No. 1 failed. 1996-04-02 Senate Journal Page 3019 SB 177 The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSSB 177(FIN) Second Reading Amendment No. 1 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Hoffman, Kelly, Miller, Pearce, Sharp, Taylor, Torgerson, Zharoff Nays: Adams, Duncan, Ellis, Leman, Lincoln, R.Phillips, Rieger, Salo and so, Amendment No. 1 was adopted. Senator Duncan offered Amendment No. 2 : Page 7, after line 5: Insert: (8) A meeting of a business, charitable, or other organization or entity where notice that carrying a concealed handgun is prohibited has been given by the posting of conspicuous notice Senator Duncan moved for the adoption of Amendment No. 2. Senator Halford objected. President Pearce called the Senate. The call was satisfied. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSB 177(FIN) am Second Reading Amendment No. 2 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Kelly, Lincoln, R.Phillips, Rieger, Salo, Zharoff Nays: Donley, Frank, Green, Halford, Leman, Miller, Pearce, Sharp, Taylor, Torgerson 1996-04-02 Senate Journal Page 3020 SB 177 and so, Amendment No. 2 failed. Senator Sharp offered Amendment No. 3 : Page 6, lines 18 - 19: Delete "(5) ª(9)ß a residence, other than the permittee's residence, unless the permittee has first obtained the express permission to bring a concealed handgun into the residence from an adult residing there ªWHERE" Insert "ª(9) A RESIDENCE WHERE" Page 7, line 1: Delete "(6)" Insert "(5)" Page 7, line 4: Delete "(7)" Insert "(6)" Senator Sharp moved and asked unanimous consent for the adoption of Amendment No. 3. Senator Phillips objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSSB 177(FIN) am Second Reading Amendment No. 3 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Pearce, R.Phillips, Rieger, Salo, Zharoff and so, Amendment No. 3 was adopted. 1996-04-02 Senate Journal Page 3021 SB 177 Senator Zharoff offered Amendment No. 4 : Page 7, line 2 after statute Insert: or regulation Senator Zharoff moved for the adoption of Amendment No. 4. Senator Green objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSSB 177(FIN) am Second Reading Amendment No. 4 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, R.Phillips, Rieger, Salo, Zharoff Nays: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Sharp, Taylor, Torgerson and so, Amendment No. 4 failed. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: CSSB 177(FIN) am Advance from Second to Third Reading? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff 1996-04-02 Senate Journal Page 3022 SB 177 and so, the bill failed to advance to third reading. CS FOR SENATE BILL NO. 177(FIN) am will appear on the April 3 calendar. SB 181 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 181 An Act relating to the promotion of Alaska businesses through signs, displays, and devices within or adjacent to highway rights-of-way, to municipal regulation of directional signs, displays, and devices, and to penalties for violations related to outdoor advertising was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2899. Senator Duncan objected, then withdrew his objection. There being no further objections, CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 181(FIN) An Act relating to tourist oriented directional signs that are 90 inches in width and 18 inches in height and to penalties for violations related to outdoor advertising 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 Salo objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: CS SSSB 181(FIN) Advance from Second to Third Reading? YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, the bill failed to advance to third reading. 1996-04-02 Senate Journal Page 3023 SB 181 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 181(FIN) will appear on the April 3 calendar. SB 211 SENATE BILL NO. 211 An Act relating to sexual assault; and relating to endangering the welfare of vulnerable adults and neglect of vulnerable adults was read the second time. Senator Sharp moved and asked unanimous consent for the adoption of the State Affairs Committee Substitute offered on page 2685. Senator Sharp moved and asked unanimous consent to withdraw his motion. Without objection, it was so ordered. Senator Miller moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 3014. Without objection, CS FOR SENATE BILL NO. 211(RLS) An Act relating to sexual assault; and relating to endangering the welfare of vulnerable adults was adopted and read the second time. Senators Salo, Pearce, Lincoln, Donley, Phillips, Duncan, Taylor, Leman, Kelly, Torgerson, Sharp, Zharoff moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. CS FOR SENATE BILL NO. 211(RLS) will appear on the April 3 calendar. SB 230 SENATE BILL NO. 230 An Act providing that state land, water, and land and water may not be classified so as to preclude or restrict traditional means of access for traditional recreational uses was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 2940. 1996-04-02 Senate Journal Page 3024 SB 230 Without objection, CS FOR SENATE BILL NO. 230(FIN) An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park was adopted and read the second time. Senator Rieger offered Amendment No. 1 : Page 3, line 15 after walking: Insert: in the case of motorized access traditional also means at the level it has historically been conducted; Page 3, line 21 after water: Insert: ; in the case of motorized recreation traditional also means at the level it has historically been conducted Page 7, line 18 after machines: Insert: at the level they have historically been used Senator Rieger moved and asked unanimous consent for the adoption of Amendment No. 1. Objections were heard. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSSB 230(FIN) Second Reading Amendment No. 1 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, R.Phillips, Rieger Nays: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, Salo, Sharp, Taylor, Torgerson, Zharoff and so, Amendment No. 1 failed. 1996-04-02 Senate Journal Page 3025 SB 230 Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 230(FIN) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 230(FIN) An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park pass the Senate? The roll was taken with the following result: CSSB 230(FIN) Third Reading - Final Passage YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Duncan, Ellis, Rieger and so, CS FOR SENATE BILL NO. 230(FIN) passed the Senate and was referred to the Secretary for engrossment. President Pearce lifted the call. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to 5:15 p.m. Without objection, the Senate recessed at 1:15 p.m. AFTER RECESS The Senate reconvened at 5:22 p.m. 1996-04-02 Senate Journal Page 3026 CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS CONTINUED SB 268 SENATE BILL NO. 268 An Act relating to release before trial in cases involving controlled substances was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Judiciary Committee Substitute offered on page 2964. Senator Miller called the Senate. The call was satisfied. Without objection, CS FOR SENATE BILL NO. 268(JUD) An Act relating to release before trial in cases involving controlled substances, imitation controlled substances, stalking, or domestic violence was adopted and read the second time. Senator Adams offered Amendment No. 1 : Page 1, line 1 after involving: Insert: alcohol, Page 1, line 7 after of: Insert: AS 04.11.010, AS 04.11.499, Page 1, line 7 after AS 11.71: Insert: , Page 1, line 14 after of: Insert: alcoholic beverages or Page 2, line 2 after possessing: Insert: alcoholic beverages or Page 2, lines 3-6: Delete all material and insert the following: (3) in (A) controlled substances offenses, to enroll in a random drug testing program, at the defendant's expense, to detect the presence of an illegal drug, with testing to occur not less than once a week, and with the results being submitted to the court and the district attorney's office; (B) alcoholic beverage offenses, to submit to a breath test when requested by a law enforcement officer; Page 2, line 8 after any: Insert: alcoholic beverages, 1996-04-02 Senate Journal Page 3027 SB 268 Page 2, line 8 after substances: Insert: , Page 2, line 11 after substance: Insert: or alcoholic beverage Page 2, lines 13 and 14 after substances: Insert: or alcoholic beverages Senator Adams moved for the adoption of Amendment No. 1. Senator Taylor objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. CS FOR SENATE BILL NO. 268(JUD) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 268(JUD) am An Act relating to release before trial in cases involving alcohol, controlled substances, imitation controlled substances, stalking, or domestic violence pass the Senate? The roll was taken with the following result: CSSB 268(JUD) am Third Reading - 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, CS FOR SENATE BILL NO. 268(JUD) am passed the Senate and was referred to the Secretary for engrossment. CITATIONS Commemorating - National Correctional Officers' Week, May 5 - 11, 1996 Representative(s) Mulder Senator(s) Zharoff, Pearce, Donley, Lincoln, Leman, Sharp, Kelly, Taylor, Duncan, Halford 1996-04-02 Senate Journal Page 3028 Honoring - Robert Burseil Representative(s) Toohey, Bunde Senator(s) Leman, Zharoff, Pearce, Donley, Lincoln, Rieger, Sharp, Kelly, Taylor, Duncan, Halford Senator Halford moved and asked unanimous consent that the citations be adopted. Without objection, the citations were adopted and referred to the Secretary for transmittal. UNFINISHED BUSINESS RECONSIDERATION OF SENATE BILLS SB 198 Senator Adams requested that the reconsideration on CS FOR SENATE BILL NO. 198(FIN) An Act establishing the Homer Airport Critical Habitat Area be taken up. CS FOR SENATE BILL NO. 198(FIN) was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 198(FIN) An Act establishing the Homer Airport Critical Habitat Area pass the Senate? The roll was taken with the following result: CSSB 198(FIN) Third Reading - On Reconsideration 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, CS FOR SENATE BILL NO. 198(FIN) passed the Senate on reconsideration and was referred to the Secretary for engrossment. 1996-04-02 Senate Journal Page 3029 RECONSIDERATION OF HOUSE BILLS HB 226 Senator Salo requested that the reconsideration on SENATE CS FOR CS FOR HOUSE BILL NO. 226(JUD) An Act permitting the provision of different retirement and health benefits to certain employees by differentiating between benefits provided to employees with spouses or children and to other employees be taken up at this time. SENATE CS FOR CS FOR HOUSE BILL NO. 226(JUD) was before the Senate on reconsideration. The question to be reconsidered: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 226(JUD) An Act permitting the provision of different retirement and health benefits to certain employees by differentiating between benefits provided to employees with spouses or children and to other employees pass the Senate? The roll was taken with the following result: SCS CSHB 226(JUD) Third Reading - On Reconsideration YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Rieger, Salo, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 226(JUD) passed the Senate on reconsideration and was referred to the Secretary for engrossment. Senator Sharp moved and asked unanimous consent that he be excused from a call of the Senate on April 3, 4 and 9. Without objection, Senator Sharp was excused. Senator Donley moved and asked unanimous consent that he be excused from a call of the Senate on April 9. Without objection, Senator Donley was excused. 1996-04-02 Senate Journal Page 3030 Senator Hoffman moved and asked unanimous consent that he be excused from a call of the Senate on April 3 after 12:30 p.m. Without objection, Senator Hoffman was excused. ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 42 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 42 am An Act allowing a person to hold more than one entry permit for certain fisheries and amending the definition of `unit of gear' for purposes of the commercial fisheries limited entry program; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 198 CS FOR SENATE BILL NO. 198(FIN) An Act establishing the Homer Airport Critical Habitat Area was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 230 CS FOR SENATE BILL NO. 230(FIN) An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 268 CS FOR SENATE BILL NO. 268(JUD) am An Act relating to release before trial in cases involving alcohol, controlled substances, imitation controlled substances, stalking, or domestic violence was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1996-04-02 Senate Journal Page 3031 HB 226 SENATE CS FOR CS FOR HOUSE BILL NO. 226(JUD) An Act permitting the provision of different retirement and health benefits to certain employees by differentiating between benefits provided to employees with spouses or children and to other employees was engrossed, signed by the President and Secretary and returned to the House for consideration. ENROLLMENT SB 77 HOUSE CS FOR CS FOR SENATE BILL NO. 77(FIN) An Act relating to management of game populations, to the powers and duties of the commissioner of fish and game, and to the division of game 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 1:35 p.m., April 2, 1996. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 11:00 a.m., April 3, 1996. Without objection, the Senate adjourned at 5:46 p.m. Nancy Quinto Secretary of the Senate April 1996 1996-04-02 Senate Journal Page 3032 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. + indicates teleconference STANDING COMMITTEES COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 APR 03 WEDNESDAY 1:30 PM + HB 466ADAK REUSE AUTHORITY + HB 322GRANTS FOR HOUSING FOR DISASTER VICTIMS + HB 386CRUELTY TO ANIMALS APR 05 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- FINANCE SENATE FINANCE 532 APR 02 TUESDAY 9:00 AM SB 253INSURANCE FOR PROSTATE CANCER TESTING SB 244CALCULATION OF STATE AID TO EDUCATION SB 270JUVENILE OFFENDER PROCEEDINGS & RECORDS HB 335BIG GAME COMMERCIAL SERVICES BOARD SB 199ENVIRONMENTAL & HEALTH/SAFETY AUDITS BILLS PREVIOUSLY HEARD OR SCHEDULED APR 03 WEDNESDAY 9:00 AM SB 199ENVIRONMENTAL & HEALTH/SAFETY AUDITS SB 247RESTRICT USE OF FISH & GAME FUND SB 262MANAGEMENT OF FISH/GAME POPULATION & AREA SB 280MANDATORY INCORP OF CERTAIN BOROUGHS HB 158CIVIL LIABILITY HB 212TIMBER MANAGEMENT & STATE LAND CLASSIF. BILLS PREVIOUSLY HEARD 1996-04-02 Senate Journal Page 3033 FINANCE CONTINUED APR 04 THURSDAY 9:00 AM SB 98PERSONAL RESPONSIBILITY ACT SB 229STATE TRAINING & EMPLOYMENT PROGRAM SB 303MANAGEMENT OF CONSTIT BUDGET RESERVE FUND HB 272MUNICIPAL MOTOR VEHICLE TAX BILLS PREVIOUSLY HEARD: SB 64CONVERT AK RR TO PRIVATE CORPORATION ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 APR 03 WEDNESDAY 9:00 AM BILLS PREVIOUSLY HEARD OR SCHEDULED: + HB 465TEACHERS/ADMINISTRATORS/COLL. BARGAINING + HB 540HEALTH CARE DATA; BIRTH REGISTRATIONS APR 05 FRIDAY 9:00 AM NO MEETING SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 APR 03 WEDNESDAY 1:30 PM BILLS PREVIOUSLY HEARD + SB 238CRUELTY TO ANIMALS + HB 520INQUESTS, CORONERS, POST MORTEMS, ETC. + HB 314VIOLATING DOMESTIC VIOLENCE ORDERS <REMOVED FROM AGENDA AT SPONSOR'S REQUEST> + HB 333BAR MEMBERSHIP:PUBLIC DEFENDER/ADVOCATE + SB 263COPYRIGHT ROYALTIES AND LICENSING APR 05 FRIDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 APR 02 TUESDAY 1:30 PM JT WITH (H) L&C RE: LOCAL HIRE APR 04 THURSDAY 1:30 PM NO MEETING SCHEDULED ---------------------------------------- 1996-04-02 Senate Journal Page 3034 RESOURCES BUTROVICH ROOM 205 APR 03 WEDNESDAY 3:30 PM + HB 357FISH & GAME:LICENSES & RESIDENCY + HB 329RESTITUTION FOR CERTAIN GAME VIOLATIONS BILLS PREVIOUSLY HEARD: + SB 284FOUR DAM POOL & POWER DEVELOPMENT FUND + SB 180VALUE-ADDED TIMBER SALES; MARKETING APR 03 WEDNESDAY 7:00 PM CONTINUATION OF 3/30/96 HEARING: + SB 318NORTH STAR OIL & GAS LEASE AMENDMENT APR 05 FRIDAY 3:30 PM NO MEETING SCHEDULED APR 08 MONDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- RULES FAHRENKAMP RM 203 APR 02 TUESDAY 5:50 PM HB 25CRIMINAL DISCOVERY RULES HB 308UNIFORM PROBATE CODE REVISIONS SJR 40EXTENSION OF KETCHIKAN PULP CO. CONTRACT HJR 58REFORM THE ENDANGERED SPECIES ACT HJR 60RS 2477 HIGHWAY RIGHTS OF WAY HB 539NAME CHANGE FOR SOIL AND WATER BOARD ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 APR 02 TUESDAY 3:30 PM SB 256SECOND CLASS CITY MAYOR SB 306G.O. BONDS FOR CORRECTIONAL FACILITIES HB 365MINOR IN POSSESSION OF TOBACCO BILLS PREVIOUSLY SCHEDULED APR 04 THURSDAY 3:30 PM NO MEETING SCHEDULED ---------------------------------------- 1996-04-02 Senate Journal Page 3035 TRANSPORTATION BUTROVICH ROOM 205 APR 02 TUESDAY 1:30 PM + SB 313ALASKA INTERNATIONAL AIRPORT AUTHORITY HB 498BETTY CATO BRIDGE IN VALDEZ BILLS PREVIOUSLY SCHEDULED APR 04 THURSDAY 1:30 PM NO MEETING SCHEDULED FINANCE SUBCOMMITTEES ADMINISTRATION BELTZ ROOM 211 APR 03 WEDNESDAY 4:00 PM DEPT. OF ADMINISTRATION FY 97 BUDGET RECOMMENDATIONS ---------------------------------------- COMMERCE & ECONOMIC DEVELOPMENT FAHRENKAMP RM 203 APR 10 WEDNESDAY 8:00 AM BUDGET CLOSE-OUT ---------------------------------------- COMMUNITY & REGIONAL AFFAIRS BUTROVICH ROOM 205 APR 02 TUESDAY 8:00 AM DEPT. OF COMMUNITY & REGIONAL AFFAIRS FY 97 BUDGET RECOMMENDATIONS ---------------------------------------- CORRECTIONS SENATE FINANCE 532 APR 03 WEDNESDAY 1:30 PM DEPT.'S RESPONSE TO PROPOSED FY 97 BUDGET APR 10 WEDNESDAY 5:00 PM FY 97 BUDGET CLOSE-OUT ---------------------------------------- 1996-04-02 Senate Journal Page 3036 FINANCE SUBCOMMITTEES CONTINUED COURT SYSTEM SENATE FINANCE 532 APR 09 TUESDAY 3:30 PM HEARING AND CLOSE-OUT APR 11 THURSDAY 3:30 PM -- MEETING CANCELLED -- CLOSE-OUTS ---------------------------------------- EDUCATION SENATE FINANCE 532 APR 02 TUESDAY 5:00 PM -- LOCATION CHANGE TO BUTROVICH ROOM 205 -- PROPOSED FY97 BUDGET APR 03 WEDNESDAY 6:00 PM -- LOCATION CHANGE TO FAHRENKAMP RM 203 -- DEPT'S RESPONSE TO PROPOSED FY97 BUDGET APR 11 THURSDAY 3:30 PM FY 97 BUDGET CLOSE-OUT ---------------------------------------- ENVIRONMENTAL CONSERVATION SENATE FINANCE 532 APR 03 WEDNESDAY 5:00 PM -- LOCATION CHANGE TO FAHRENKAMP RM 203 -- DEPT.'S RESPONSE TO PROPOSED FY 97 BUDGET APR 11 THURSDAY 5:00 PM FY 97 BUDGET CLOSE-OUT ---------------------------------------- FISH & GAME FAHRENKAMP RM 203 APR 02 TUESDAY 8:00 AM BUDGET CLOSE-OUT APR 10 WEDNESDAY 5:30 PM BUDGET CLOSE-OUT - WORK SESSION APR 11 THURSDAY 8:00 AM BUDGET CLOSE-OUT ---------------------------------------- 1996-04-02 Senate Journal Page 3037 FINANCE SUBCOMMITTEES CONTINUED HEALTH & SOCIAL SERVICES SENATE FINANCE 532 APR 04 THURSDAY 1:30 PM -- MEETING POSTPONED -- CLOSE-OUTS APR 11 THURSDAY 3:30 PM HEARING AND CLOSE-OUT ---------------------------------------- LAW SENATE FINANCE 532 APR 11 THURSDAY 1:30 PM CLOSE-OUTS ---------------------------------------- MILITARY & VETERANS AFFAIRS BELTZ ROOM 211 APR 02 TUESDAY 3:00 PM DEPT. OF MILITARY & VETERANS' AFFAIRS REVIEW DRAFT FY 97 BUDGET CLOSEOUT ---------------------------------------- NATURAL RESOURCES SENATE FINANCE 532 APR 02 TUESDAY 4:30 PM -- LOCATION CHANGE TO BUTROVICH ROOM 205 -- PROPOSED FY97 BUDGET APR 04 THURSDAY 8:00 AM -- LOCATION CHANGE TO BUTROVICH ROOM 205 -- DEPT'S RESPONSE TO PROPOSED FY97 BUDGET APR 10 WEDNESDAY 1:30 PM FY 97 BUDGET CLOSE-OUT ---------------------------------------- PUBLIC SAFETY SENATE FINANCE 532 APR 02 TUESDAY 3:30 PM SECOND MEETING ---------------------------------------- 1996-04-02 Senate Journal Page 3038 FINANCE SUBCOMMITTEES CONTINUED TRANSPORTATION & PUBLIC FACILITIES SENATE FINANCE 532 APR 03 WEDNESDAY 3:30 PM SECOND MEETING