Legislature(1995 - 1996)
1996-05-01 Senate Journal
Full Journal pdf1996-05-01 Senate Journal Page 3733 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Wednesday One Hundred Fifteenth Day Pursuant to adjournment the Senate was called to order by President Pearce at 2:22 p.m. The roll showed thirteen members present. Senators Donley, Ellis, Frank, Green, Lincoln, Rieger, Salo were absent. The prayer was offered by the Chaplain, Senator Leman. Senator Torgerson led the Senate in the pledge of allegiance. The presence of Senators Ellis, Green was noted. CERTIFICATION Senator Halford moved and asked unanimous consent that the journals for the one hundred thirteenth and one hundred fourteenth legislative days be approved as certified by the Secretary. Without objection, it was so ordered. The presence of Senators Salo, Lincoln, Frank, Rieger, Donley was noted. 3733 1996-05-01 Senate Journal Page 3734 MESSAGES FROM THE HOUSE SB 181 Message of April 30 was read, stating the House passed and returned: 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. The bill was referred to the Secretary for enrollment. HJR 59 Message of April 30 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE JOINT RESOLUTION NO. 59(RES), thus adopting: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 59(RES) Respectfully requesting the Environmental Protection Agency to issue a final National Pollutant Discharge Elimination System permit for Cook Inlet oil and gas operations that omits the incremental permittee monitoring and reporting obligations identified in the Agency's draft permit and, consistent with the philosophy of the Agency's 1996 National Water Program Agenda, allows the permittees to operate under pollutant discharge monitoring and reporting requirements that are not more rigorous than those requirements of the Cook Inlet National Pollutant Discharge Elimination System permit in place. HJR 60 Message of April 30 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE JOINT RESOLUTION NO. 60(RES), thus adopting: 1996-05-01 Senate Journal Page 3735 HJR 60 SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) Relating to Revised Statute 2477 rights-of-way. HB 465 Message of April 30 was read, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 465(HES) am, thus adopting: SENATE CS FOR CS FOR HOUSE BILL NO. 465(RLS) am S An Act relating to employment of teachers and school administrators and to public school collective bargaining; and providing for an effective date. HB 547 Message of April 30 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 547(RES) am, thus adopting: CS FOR HOUSE BILL NO. 547(RES) am S An Act relating to a four-year moratorium on entry into Southeast Alaska dive fisheries; and providing for an effective date. SB 6 Message of April 30 was read, stating the Speaker appointed the following members to a second free conference committee: Representative Austerman, Chair Representative Therriault Representative Long to consider: HOUSE CS FOR SENATE BILL NO. 6(CRA) An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses. 1996-05-01 Senate Journal Page 3736 SB 6 and SENATE BILL NO. 6 am (same title) President Pearce appointed the following members to the second free conference committee to meet with the like committee from the House: Senator Kelly, Chair Senator Frank Senator Salo The Secretary was requested to notify the House. Message of April 30 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 35 CS FOR HOUSE CONCURRENT RESOLUTION NO. 35(L&C) am BY THE HOUSE LABOR AND COMMERCE COMMITTEE, Relating to support for the Alaska Community College system within the University of Alaska. was read the first time and referred to the Health, Education and Social Services Committee. HJR 47 CS FOR HOUSE JOINT RESOLUTION NO. 47(STA) BY THE HOUSE STATE AFFAIRS COMMITTEE, Supporting continued funding of the Alaska National Guard Youth Corps Challenge Program. was read the first time and referred to the State Affairs Committee. 1996-05-01 Senate Journal Page 3737 FIRST READING AND REFERENCE OF HOUSE BILLS HB 91 CS FOR HOUSE BILL NO. 91(RES) am BY THE HOUSE RESOURCES COMMITTEE, entitled: An Act relating to hunting in marine park units of the Alaska state park system, amending the area within designated marine park units of the Alaska state park system, and adding marine park units to the Alaska state park system. was read the first time and referred to the State Affairs, Resources and Finance Committees. SB 86 Message of April 29 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 86(FIN) An Act relating to issuance of commemorative gold rush motor vehicle license plates with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 86(FIN) An Act relating to issuance of commemorative gold rush motor vehicle license plates; and providing for an effective date. Senator Halford moved that the Senate concur in the House amendment. The question being: Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 86(FIN)? The roll was taken with the following result: 1996-05-01 Senate Journal Page 3738 SB 86 HCS CSSB 86(FIN) Shall the Senate Concur in the House amendment to CSSB 86(FIN)? (Effective Date) YEAS: 19 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Adams, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Absent: Donley and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 86(FIN) An Act relating to issuance of commemorative gold rush motor vehicle license plates; and providing for an effective date. 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. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 274 Message of April 30 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 274(TRA) am with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 274(TRA) An Act relating to the noise levels of airports and sport shooting facilities. Senator Halford moved and asked unanimous consent that the Senate concur in the House amendment. 1996-05-01 Senate Journal Page 3739 SB 274 The question being: Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 274(TRA) am? The roll was taken with the following result: HCS CSSB 274(TRA) Shall the Senate concur in the House amendment to CSSB 274(TRA) am? YEAS: 20 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 274(TRA) An Act relating to the noise levels of airports and sport shooting facilities. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. Senator Duncan gave notice of reconsideration. President Pearce ruled the action out of order. SB 296 Message of April 30 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 296(JUD) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 296(JUD) An Act requiring criminal background checks before certain persons may be employed in a nursing home or assisted living facility; and prohibiting the hiring or retention of certain nursing home and assisted living facility employees convicted of specified offenses. Senator Halford moved that the Senate concur in the House amendment. 1996-05-01 Senate Journal Page 3740 SB 296 Senators Halford, Pearce, Leman, Green, Taylor, Kelly, Rieger, Sharp, Duncan, Salo, Lincoln, Zharoff, Phillips moved and asked unanimous consent that they be shown as cosponsors on the bill. Without objection, it was so ordered. The question being: Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 296(JUD)? The roll was taken with the following result: HCS CSSB 296(JUD) Shall the Senate concur in the House amendment to CSSB 296(JUD)? YEAS: 18 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Zharoff Absent: Frank, Torgerson and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 296(JUD) An Act requiring criminal background checks before certain persons may be employed in a nursing home or assisted living facility; and prohibiting the hiring or retention of certain nursing home and assisted living facility employees convicted of specified offenses. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. HB 93 Message dated April 30 was read, stating the House failed to concur in the Senate amendment to HOUSE BILL NO. 93 am An Act relating to the duty-free mealtime for teachers in certain school facilities and respectfully requests the Senate to recede from its amendment, namely: SENATE CS FOR HOUSE BILL NO. 93(HES) 1996-05-01 Senate Journal Page 3741 HB 93 In the event the Senate fails to recede, the Speaker has appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the bills: Representative James, Chair Representative Mulder Representative Kubina Senator Halford moved that the Senate recede from its amendment. The question being: "Shall the Senate recede from its amendment to HOUSE BILL NO. 93 am?" The roll was taken with the following result: SCS HB 93(HES) Shall the Senate recede from its amendment to HB 93 am? YEAS: 10 NAYS: 8 EXCUSED: 0 ABSENT: 2 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Kelly, Lincoln, Rieger, Salo, Zharoff Nays: Green, Halford, Leman, Miller, Pearce, R.Phillips, Sharp, Taylor Absent: Frank, Torgerson and so, the Senate failed to recede. The President appointed the following members to a Conference Committee to meet with the like committee from the House: Senator Green, Chair Senator Miller Senator Salo The Secretary was requested to notify the House. HB 468 Message of May 1 was read, stating per your request, the following bill is returned: 1996-05-01 Senate Journal Page 3742 HB 468 SENATE CS FOR CS FOR HOUSE BILL NO. 468(FIN) am S An Act making supplemental appropriations for the expenses of state government and making and amending appropriations; ratifying certain state expenditures; and providing for an effective date. President Pearce returned the bill to the Rules Committee. STANDING COMMITTEE REPORTS Report dated May 1 was read stating: The Senate Committee on Health, Education and Social Services has reviewed the qualifications of the following appointment and recommends that the appointment be forwarded to a joint session for consideration: University of Alaska Board of Regents Joe L. Hayes, Jr. - Fairbanks By signing this report, this does not reflect an intent by any of the members to vote for or against the appointment during any further sessions. Signing the report: Senator Green, Chair, Senators Leman, Miller, Ellis. SB 136 Forthcoming Finance Committee Substitute (page 3719) for 2d CS FOR SENATE BILL NO. 136(FIN) An Act making, amending, and repealing appropriations; 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 was received today. 1996-05-01 Senate Journal Page 3743 SB 191 The Finance Committee considered SENATE BILL NO. 191 An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns by the Alaska Public Offices Commission, the activities of lobbyists that relate to election campaigns, and the definitions of offenses of campaign misconduct; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 191(FIN), entitled: An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns, the activities of lobbyists that relate to election campaigns, the definitions of offenses of campaign misconduct, and to the use of the net proceeds of charitable gaming activities in election campaigns; and providing for an effective date. Signing do pass: Senator Frank, Cochair, Senators Rieger, Phillips, Donley, Sharp. Signing do pass - unless amended: Senator Halford Cochair. Signing no recommendation: Senator Zharoff. Previous fiscal notes and zero fiscal notes apply to the Finance Committee Substitute. The bill was referred to the Rules Committee. SB 210 The Finance Committee considered SENATE BILL NO. 210 An Act relating to taxes on cigarettes and tobacco products; and providing for an effective date and recommended the State Affairs Committee Substitute offered on page 3042 be adopted. Signing do pass: Senator Frank, Cochair, Senators Rieger, Sharp. Signing no recommendation: Senator Halford, Cochair, Senators Phillips, Donley, Zharoff. Previous fiscal note. The bill was referred to the Rules Committee. 1996-05-01 Senate Journal Page 3744 SB 215 Forthcoming (page 3719) fiscal note and zero fiscal note published today from Department of Revenue and zero fiscal note published today from Department of Natural Resources for the Finance Committee Substitute for SENATE BILL NO. 215 An Act streamlining the functions of state government, including authorizing the commissioner of fish and game to award grants for certain resource activities; allowing agents selling fish and game licenses and tags to retain certain compensation; authorizing the Department of Health and Social Services to award grants for certain services for developmentally delayed or disabled children; relating to rabies control and administration of flour and bread standards by the Department of Environmental Conservation; repealing the Athletic Commission, the regulation of boxing and wrestling, the certification of professional geologists, and the Water Resources Board; repealing certain filing statements and bonds for enforcement and collection of certain taxes; and providing for an effective date. SB 265 Forthcoming Finance Committee Substitute (page 3720) for SENATE BILL NO. 265 An Act relating to receipts of commercial fisheries test fishing operations; and providing for an effective date was received today with forthcoming fiscal note published today from Office of the Governor. SB 285 The Finance Committee considered SENATE BILL NO. 285 An Act relating to management of discrete salmon stocks and to a salmon management assessment; and providing for an effective date and recommended it be replaced with CS FOR SENATE BILL NO. 285(FIN) Signing do pass: Senator Halford, Cochair, Senators Phillips, Donley, Sharp. Signing do not pass: Senator Zharoff. Previous zero fiscal note applies to the committee substitute. Fiscal note information forthcoming. The bill was referred to the Rules Committee. 1996-05-01 Senate Journal Page 3745 HB 191 Forthcoming fiscal notes (page 3720) for the Resources Senate Committee Substitute for CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 191(FIN) An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date published today from Department of Natural Resources (2). HB 202 The Judiciary Committee considered CS FOR HOUSE BILL NO. 202(HES) An Act relating to the participation and accountability of parents and guardians and the enforcement of restitution orders entered in juvenile delinquency proceedings; relating to claims on permanent fund dividends for certain court-ordered treatment in juvenile delinquency proceedings; and amending Alaska Delinquency Rules 3(b) and 8(b); and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 202(JUD) Signing do pass: Senator Taylor, Chair, Senators Ellis, Adams, Miller. Signing no recommendation: Senator Green. Fiscal note information forthcoming. The bill was referred to the Finance Committee. HB 204 The Judiciary Committee considered CS FOR HOUSE BILL NO. 204(FIN) am An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol or refusal to submit to chemical test; establishing penalties for these offenses; relating to court ordered drug and alcohol screening, evaluation, referral, and programs; relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft; relating to an instrument's working tolerance in a chemical breath test; relating to the authority of a court to impose a suspended sentence after failure 1996-05-01 Senate Journal Page 3746 HB 204 to complete a treatment program upon conviction of felony driving while intoxicated or felony refusal to submit to a chemical test; relating to the period of time a court may consider for determining prior convictions in sentencing a person convicted of felony driving while intoxicated or felony refusal to submit to a chemical test; amending Rules 6 and 32.1, Alaska Rules of Criminal Procedure, to allow the use of hearsay evidence before a grand jury in a prosecution for felony driving while intoxicated or felony refusal to submit to a chemical test and to not require a presentence report for a first felony driving while intoxicated or first felony refusal to submit to a chemical test; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 204(JUD) (forthcoming) Signing do pass: Senator Taylor, Chair, Senators Ellis, Adams, Miller. Signing no recommendation: Senator Green. Zero fiscal note for the Judiciary Senate Committee Substitute published today from Department of Health and Social Services. Previous House indeterminate fiscal note and zero fiscal notes apply to the Senate Committee Substitute. The bill was referred to the Finance Committee. HB 457 Forthcoming fiscal note (page 3704) for the Judiciary Senate Committee Substitute for CS FOR HOUSE BILL NO. 457(STA) An Act relating to the unlicensed practice of certain occupations for which licenses are required published today from Department of Commerce and Economic Development. HB 529 The Health, Education and Social Services Committee considered HOUSE BILL NO. 529 An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease- purchase agreement for a centralized public health laboratory and recommended it be replaced with SENATE CS FOR HOUSE BILL NO. 529(HES) 1996-05-01 Senate Journal Page 3747 HB 529 Signing do pass: Senator Green, Chair, Senators Miller, Ellis. Signing no recommendation: Senator Leman. Fiscal note information forthcoming. The bill was referred to the Rules Committee. SB 136 The Rules Committee considered SENATE BILL NO. 136 An Act making appropriations for capital project matching grant funds and to capitalize funds; making, amending, and repealing capital appropriations; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senator Pearce. Signing no recommendation: Senators Salo, Sharp. Signing needs amending: Senator Duncan. The bill is on today's calendar. SB 141 The Rules 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(RLS), entitled: An Act relating to legislative and executive branch ethics; relating to the conduct of lobbyists with respect to public officials; relating to campaigning by state employees; relating to the filing of financial disclosures by certain state employees and officials; making a conforming amendment to the definition of `public official' for employment security statutes; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Fiscal notes for the Rules Committee Substitute published today from Department of Administration (2). The bill is on today's calendar. 1996-05-01 Senate Journal Page 3748 SB 265 The Rules Committee considered SENATE BILL NO. 265 An Act relating to receipts of commercial fisheries test fishing operations; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Sharp, Pearce, Duncan, Salo. The bill is on today's calendar. HB 341 The Rules Committee considered CS FOR HOUSE BILL NO. 341(FIN) 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. Signing to calendar: Senator Miller, Chair, Senators Sharp, Pearce, Duncan. Signing under other recommendations: Senator Salo. The bill is on today's calendar. HB 457 The Rules Committee considered CS FOR HOUSE BILL NO. 457(STA) An Act relating to the unlicensed practice of certain occupations for which licenses are required. Signing to calendar: Senator Miller, Chair, Senators Pearce, Salo. The bill is on today's calendar. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 3:04 p.m. 1996-05-01 Senate Journal Page 3749 AFTER RECESS The Senate reconvened at 4:01 p.m. Senator Phillips called the Senate. The call was satisfied. STANDING COMMITTEE REPORTS CONTINUED SB 191 The Rules Committee considered SENATE BILL NO. 191 An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns by the Alaska Public Offices Commission, the activities of lobbyists that relate to election campaigns, and the definitions of offenses of campaign misconduct; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. The bill is on today's calendar. CONSIDERATION OF THE CALENDAR SECOND READING OF SENATE BILLS SB 141 SENATE BILL NO. 141 An Act relating to legislative ethics; and providing for an effective date was read the second time. Senator Miller moved and asked unanimous consent for the adoption of the Rules Committee Substitute offered on page 3747. Without objection, CS FOR SENATE BILL NO. 141(RLS) An Act relating to legislative and executive branch ethics; relating to the conduct of lobbyists with respect to public officials; relating to campaigning by state employees; relating to the filing of financial disclosures by certain state employees and officials; making a conforming amendment to the definition of `public official' for employment security statutes; and providing for an effective date was adopted and read the second time. Amendment No. 1 was not offered. 1996-05-01 Senate Journal Page 3750 SB 141 Senators Donley, Miller offered Amendment No. 2 : Page 15, line 27, following "employee": Insert "arising out of or relating to political, legislative, or public policy matters" Page 16, line 11, following "employee": Insert "arising out of or relating to political, legislative, or public policy matters" Senator Donley moved for the adoption of Amendment No. 2. Without objection, Amendment No. 2 was adopted. Senator Miller offered Amendment No. 3 : Page 35, line 17: Insert after AS 39.27.011: or at more than $4,200 per month; Page 35, line 21: Delete after section: . Insert , and does not include an employee who is a member of a collective bargaining unit. Senator Miller moved for the adoption of Amendment No. 3. Without objection, Amendment No. 3 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. 141(RLS) am was read the third time. The question being: Shall CS FOR SENATE BILL NO. 141(RLS) am An Act relating to legislative and executive branch ethics; relating to the conduct of lobbyists with respect to public officials; relating to campaigning by state employees; relating to the filing of financial disclosures by certain state employees and officials; making a conforming amendment to the definition of `public official' for employment security statutes; and providing for an effective date pass the Senate? The roll was taken with the following result: 1996-05-01 Senate Journal Page 3751 SB 141 CSSB 141(RLS) 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, CS FOR SENATE BILL NO. 141(RLS) 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. RECONSIDERATION OF SENATE BILLS SB 141 Senator Halford gave notice of reconsideration on CS FOR SENATE BILL NO. 141(RLS) am An Act relating to legislative and executive branch ethics; relating to the conduct of lobbyists with respect to public officials; relating to campaigning by state employees; relating to the filing of financial disclosures by certain state employees and officials; making a conforming amendment to the definition of `public official' for employment security statutes; and providing for an effective date and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered. CS FOR SENATE BILL NO. 141(RLS) am was before the Senate in third reading on reconsideration. Senator Sharp moved and asked unanimous consent that the State Affairs Committee Letter of Intent offered on page 3010 be adopted as a Senate Letter of Intent. Without objection, the Senate Letter of Intent was adopted. 1996-05-01 Senate Journal Page 3752 SB 141 The question to be reconsidered: Shall CS FOR SENATE BILL NO. 141(RLS) am An Act relating to legislative and executive branch ethics; relating to the conduct of lobbyists with respect to public officials; relating to campaigning by state employees; relating to the filing of financial disclosures by certain state employees and officials; making a conforming amendment to the definition of `public official' for employment security statutes; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 141(RLS) am Third Reading - On Reconsideration Effective Date Letter of Intent 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. 141(RLS) am passed the Senate on reconsideration. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment with a Senate Letter of Intent. SECOND READING OF SENATE BILLS CONTINUED SB 152 SENATE BILL NO. 152 An Act relating to geographic differentials for the salaries of certain state employees who are not members of a collective bargaining unit; relating to periodic salary surveys and preparation of an annual pay schedule regarding certain state employees; relating to certain state aid calculations based on geographic differentials for state employee salaries; and providing for an effective date was not taken up this legislative day. 1996-05-01 Senate Journal Page 3753 SB 191 SENATE BILL NO. 191 An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns by the Alaska Public Offices Commission, the activities of lobbyists that relate to election campaigns, and the definitions of offenses of campaign misconduct; and providing for an effective date was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 3743. Without objection, CS FOR SENATE BILL NO. 191(FIN) An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns, the activities of lobbyists that relate to election campaigns, the definitions of offenses of campaign misconduct, and to the use of the net proceeds of charitable gaming activities in election campaigns; and providing for an effective date 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. Without objection, it was so ordered. CS FOR SENATE BILL NO. 191(FIN) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 191(FIN) An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns, the activities of lobbyists that relate to election campaigns, the definitions of offenses of campaign misconduct, and to the use of the net proceeds of charitable gaming activities in election campaigns; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 191(FIN) 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 1996-05-01 Senate Journal Page 3754 SB 191 and so, CS FOR SENATE BILL NO. 191(FIN) 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. RECONSIDERATION OF SENATE BILLS SB 191 Senator Halford gave notice of reconsideration on CS FOR SENATE BILL NO. 191(FIN) An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns, the activities of lobbyists that relate to election campaigns, the definitions of offenses of campaign misconduct, and to the use of the net proceeds of charitable gaming activities in election campaigns; and providing for an effective date and moved and asked unanimous consent that it be taken up at this time. Without objection, it was so ordered. CS FOR SENATE BILL NO. 191(FIN) was before the Senate in third reading on reconsideration. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 191(FIN) An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns, the activities of lobbyists that relate to election campaigns, the definitions of offenses of campaign misconduct, and to the use of the net proceeds of charitable gaming activities in election campaigns; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 191(FIN) 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 1996-05-01 Senate Journal Page 3755 SB 191 and so, CS FOR SENATE BILL NO. 191(FIN) passed the Senate on reconsideration. Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clause. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. SECOND READING OF SENATE BILLS CONTINUED SB 215 SENATE BILL NO. 215 An Act streamlining the functions of state government, including authorizing the commissioner of fish and game to award grants for certain resource activities; allowing agents selling fish and game licenses and tags to retain certain compensation; authorizing the Department of Health and Social Services to award grants for certain services for developmentally delayed or disabled children; relating to rabies control and administration of flour and bread standards by the Department of Environmental Conservation; repealing the Athletic Commission, the regulation of boxing and wrestling, the certification of professional geologists, and the Water Resources Board; repealing certain filing statements and bonds for enforcement and collection of certain taxes; and providing for an effective date was not taken up this legislative day. SB 216 SENATE BILL NO. 216 An Act relating to fees or assessment of costs for certain services provided by state government, including hearing costs related to the real estate surety fund; fees for authorization to operate a postsecondary educational institution or for an agent's permit to perform services for a postsecondary educational institution; administrative fees for self-insurers in workers' compensation; business license fees; fees for activities related to coastal zone management, training relating to emergency management response, regulation of pesticides and broadcast chemicals, and subdivision plans for sewage waste disposal or treatment; and providing for an effective date was not taken up this legislative day. 1996-05-01 Senate Journal Page 3756 SB 265 SENATE BILL NO. 265 An Act relating to receipts of commercial fisheries test fishing operations; and providing for an effective date was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Committee Substitute offered on page 3744. Without objection, CS FOR SENATE BILL NO. 265(FIN) An Act relating to the definition of program receipts; and providing for an effective date 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. Without objection, it was so ordered. CS FOR SENATE BILL NO. 265(FIN) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 265(FIN) An Act relating to the definition of program receipts; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 265(FIN) 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, CS FOR SENATE BILL NO. 265(FIN) 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. 1996-05-01 Senate Journal Page 3757 SENATE BILLS IN SECOND READING SB 136 CS FOR SENATE BILL NO. 136(FIN) An Act making and amending appropriations; and providing for an effective date which had been returned to the Finance Committee from the Rules Committee (page 3707) was before the Senate in second reading. Senator Halford moved and asked unanimous consent for the adoption of the Second Finance Committee Substitute offered on page 3742. Without objection, 2d CS FOR SENATE BILL NO. 136(FIN) An Act making, amending, and repealing appropriations; 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 was adopted and read the second time. Senator Adams offered Amendment No. 1 : Page 19, lines 11-13: Delete all material. Senator Adams moved for the adoption of Amendment No. 1. Senator Green objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 2d CSSB 136(FIN) Second Reading Amendment No. 1 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson and so, Amendment No. 1 failed. 1996-05-01 Senate Journal Page 3758 SB 136 Senator Hoffman offered Amendment No. 2 : Page 45, lines 16 and 17: Delete Koliganek New Powerhouse Upgrading Distribution 25,000 Page 46, line 9: Delete 25,000 Insert 33,500 Senator Hoffman moved for the adoption of Amendment No. 2. Senator Halford objected, then withdrew his objection. There being no further objections, Amendment No. 2 was adopted. Senator Pearce lifted the call. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 5:00 p.m. AFTER RECESS The Senate reconvened at 7:02 p.m. Senator Torgerson called the Senate. The call was satisfied. SENATE BILLS IN SECOND READING CONTINUED SB 136 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. 1996-05-01 Senate Journal Page 3759 SB 136 The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: 2d CSSB 136(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 and so, the bill failed to advance to third reading. 2d CS FOR SENATE BILL NO. 136(FIN) am will appear on the May 2 calendar. SECOND READING OF HOUSE BILLS HB 59 CS FOR HOUSE BILL NO. 59(RES) An Act relating to raffles and auctions of certain permits to take big game; 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 3590. Senator Taylor objected. The question being: Shall the Finance Senate Committee Substitute be adopted? The roll was taken with the following result: 1996-05-01 Senate Journal Page 3760 HB 59 CSHB 59(RES) Second Reading Adopt Finance Senate Committee Substitute? YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Frank, Green, Halford, Kelly, Miller, R.Phillips, Sharp, Torgerson Nays: Adams, Duncan, Hoffman, Leman, Lincoln, Pearce, Rieger, Salo, Taylor, Zharoff and so, the Finance Senate Committee Substitute failed to be adopted. Senator Leman moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 3358. Senator Halford objected. The question being: Shall the Resources Senate Committee Substitute be adopted? The roll was taken with the following result: CSHB 59(RES) Second Reading Adopt Resources Senate Committee Substitute? YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Hoffman, Leman, Miller, Pearce, Rieger, Taylor Nays: Donley, Ellis, Frank, Green, Halford, Kelly, Lincoln, R.Phillips, Salo, Sharp, Torgerson, Zharoff and so, the Resources Senate Committee Substitute failed to be adopted. Senator Taylor moved and asked unanimous consent that the Senate rescind its previous action in failing to adopt the Finance Senate Committee Substitute. Senator Duncan objected. 1996-05-01 Senate Journal Page 3761 HB 59 The question being: Shall the Senate rescind its previous action in failing to adopt the Finance Senate Committee Substitute? The roll was taken with the following result: CSHB 59(RES) Rescind Previous Action YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Nays: Salo and so, the Senate rescinded its previous action. The question being: Shall the Finance Senate Committee Substitute be adopted? The roll was taken with the following result: CSHB 59(RES) Adopt Finance Senate Committee Substitute? YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Duncan, Salo, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 59(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 Ellis objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: 1996-05-01 Senate Journal Page 3762 HB 59 SCS CSHB 59(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. SENATE CS FOR CS FOR HOUSE BILL NO. 59(FIN) will appear on the May 2 calendar. HB 75 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75(FIN) An Act relating to vehicle theft and the consequences of vehicle theft, including revocation of a driver's license, privilege to drive, or privilege to obtain a license; amending Rule 32.1, Alaska Rules of Criminal Procedure; and providing for an effective date was read the second time. Senators Phillips, Pearce, Green, Miller, Salo, Taylor, Sharp moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Senator Duncan objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: 1996-05-01 Senate Journal Page 3763 HB 75 CS SSHB 75(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. CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75(FIN) will appear on the May 2 calendar. HB 341 CS FOR HOUSE BILL NO. 341(FIN) 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 was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3721. Senator Adams objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 341(FIN) was adopted and read the second time. 1996-05-01 Senate Journal Page 3764 HB 341 Senators Salo, Donley, Halford, Taylor, Kelly, Torgerson, Leman moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 341(FIN) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 341(FIN) 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 pass the Senate? The roll was taken with the following result: SCS CSHB 341(FIN) Third Reading - Final Passage Effective Date YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Ellis, Hoffman and so, SENATE CS FOR CS FOR HOUSE BILL NO. 341(FIN) passed the Senate. 1996-05-01 Senate Journal Page 3765 HB 341 Senator Halford moved and asked unanimous consent that the vote on the passage of the bill be considered the vote on the effective date clauses. Without objection, it was so ordered and the bill was referred to the Secretary for engrossment. HB 352 HOUSE BILL NO. 352 An Act giving notice of and approving a lease-purchase agreement with the City of Palmer for a fire management facility at the Palmer Airport was read the second time. Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3688. Without objection, SENATE CS FOR HOUSE BILL NO. 352(FIN) An Act giving notice of and approving a lease-purchase agreement with the City of Palmer for a fire management facility at the Palmer Airport; and providing for an effective date 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 Duncan objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: SCS HB 352(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. SENATE CS FOR HOUSE BILL NO. 352(FIN) will appear on the May 2 calendar. 1996-05-01 Senate Journal Page 3766 HB 370 CS FOR HOUSE BILL NO. 370(JUD) An Act relating to the provision of legal services at public expense was read the second time. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 2864. Senator Duncan objected. The question being: Shall the Judiciary Senate Committee Substitute be adopted? The roll was taken with the following result: CSHB 370(JUD) Second Reading Adopt Judiciary Senate Committee Substitute? YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Leman, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Adams, Kelly, Lincoln and so, SENATE CS FOR CS FOR HOUSE BILL NO. 370(JUD) was adopted and read the second time. Senator Zharoff offered Amendment No. 1 : Page 1, following line 2: Insert a new bill section to read: "* Section 1. AS 18.85 is amended by adding a new section to read: Sec. 18.85.095. SERVICES TO PERSONS NOT REPRESENTED BY AGENCY. In the discretion of the public defender, the public defender and the staff of the agency may respond to questions from members of the public concerning the involvement of those persons with the criminal justice system of this state and may provide information and options concerning the rights, duties, and liabilities of persons in relation to the criminal justice system. In responding to questions under this section, the public 1996-05-01 Senate Journal Page 3767 HB 370 defender and staff of the agency may not present themselves as the attorney of the person, may not represent themselves to other persons as the attorney of the person, and may not undertake the representation of a person except when appointed by a court under this chapter." Page 1, line 3: Delete "* Section 1." Insert "* Sec. 2." Renumber the following bill sections accordingly. Senator Zharoff moved for the adoption of Amendment No. 1. Senator Halford objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: SCS CSHB 370(JUD) Second Reading Amendment No. 1 YEAS: 7 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson and so, Amendment No. 1 failed. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: 1996-05-01 Senate Journal Page 3768 HB 370 SCS CSHB 370(JUD) 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. SENATE CS FOR CS FOR HOUSE BILL NO. 370(JUD) will appear on the May 2 calendar. HB 457 CS FOR HOUSE BILL NO. 457(STA) An Act relating to the unlicensed practice of certain occupations for which licenses are required was read the second time. Senator Taylor moved and asked unanimous consent for the adoption of the Judiciary Senate Committee Substitute offered on page 3704. Senator Kelly objected. Senator Halford moved and asked unanimous consent that CS FOR HOUSE BILL NO. 457(STA) be referred to the Finance Committee. Senator Taylor objected. The question being: Shall the bill be referred to the Finance Committee? The roll was taken with the following result: CSHB 457(STA) Second Reading Add Finance Referral YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Frank, Halford, Hoffman, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff Nays: Donley, Green, Kelly, Leman, Lincoln, Taylor 1996-05-01 Senate Journal Page 3769 HB 457 and so, CS FOR HOUSE BILL NO. 457(STA) was referred to the Finance Committee. HB 480 CS FOR HOUSE BILL NO. 480(HES) An Act relating to physician assistants 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. 480(HES) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 480(HES) An Act relating to physician assistants pass the Senate? The roll was taken with the following result: CSHB 480(HES) 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 HOUSE BILL NO. 480(HES) passed the Senate, was signed by the President and Secretary and returned to the House. SENATE RESOLUTIONS IN SECOND READING SCR 21 SENATE CONCURRENT RESOLUTION NO. 21 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 292, relating to searches by peace officers who enforce fish and game laws, to false statements and omissions in regard to application for fish and game licenses, tags, and permits, and to nonresident hunters, which had been held in second reading (page 3724) was before the Senate on final passage. 1996-05-01 Senate Journal Page 3770 President Pearce lifted the call. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess to a call of the Chair. Without objection, the Senate recessed at 8:57 p.m. AFTER RECESS The Senate reconvened at 9:18 p.m. President Pearce called the Senate. The call was satisfied. SENATE RESOLUTIONS IN SECOND READING CONTINUED SCR 21 The question being: Shall SENATE CONCURRENT RESOLUTION NO. 21 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 292, relating to searches by peace officers who enforce fish and game laws, to false statements and omissions in regard to application for fish and game licenses, tags, and permits, and to nonresident hunters, pass the Senate? The roll was taken with the following result: SCR 21 Second Reading - Final Passage 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, SENATE CONCURRENT RESOLUTION NO. 21 failed. Senator Halford gave notice of reconsideration. 1996-05-01 Senate Journal Page 3771 HOUSE BILLS IN SECOND READING HB 292 Senator Halford moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 292(RLS) An Act relating to false statements and omissions in regard to application for fish and game licenses, tags, and permits and to nonresident hunters be held to the May 2 calendar. Without objection, it was so ordered. SENATE BILLS IN THIRD READING SB 64 Senator Halford moved and asked unanimous consent that CS FOR SENATE BILL NO. 64(FIN) am An Act relating to the sale of the Alaska Railroad; and providing for an effective date be held to the May 2 calendar. Without objection, it was so ordered. THIRD READING OF HOUSE BILLS HB 104 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104(FIN) An Act relating to disclosures of information about certain minors which had been held (page 3725) was read the third time. Senator Leman moved and asked unanimous consent that he be shown as a cross sponsor on the bill. Without objection, it was so ordered. The question being: Shall SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104(FIN) An Act relating to disclosures of information about certain minors pass the Senate? The roll was taken with the following result: 1996-05-01 Senate Journal Page 3772 HB 104 SCS CS SSHB 104(FIN) Third Reading - Final Passage YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Zharoff and so, SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104(FIN) passed the Senate. Senator Ellis gave notice of reconsideration. HB 158 SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS) An Act relating to civil actions; amending Rules 13(e), 68, 79(b), 82(b), and 95, Alaska Rules of Civil Procedure which had been held (page 3725) was read the third time. Amendment No. 4 was not offered. Senator Miller moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 5. Without objection, the bill was returned to second reading. Senator Miller offered Amendment No. 5 : Page 14, line 12: Delete "nonparty" Insert "party attorney" Page 14, line 14: Delete "representative of a party" Insert "party's attorney" Page 15, line 1, add a new subsection: (h) Neither the state, nor an agent or employee of the state acting within the scope of that agency or employment, is subject to liability under this section. 1996-05-01 Senate Journal Page 3773 HB 158 Senator Miller moved for the adoption of Amendment No. 5. Senator Adams objected. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: SCS CSHB 158(RLS) Second Reading Amendment No. 5 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, Amendment No. 5 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS) am S was automatically in third reading. Senator Rieger moved and asked unanimous consent that the Senate return to second reading for the purpose of rescinding its previous action in failing to adopt Amendment No. 3 (page 3664). Without objection, it was so ordered. Senator Rieger moved that the Senate rescind its previous action in failing to adopt Amendment No. 3. Without objection, the Senate rescinded its previous action. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: 1996-05-01 Senate Journal Page 3774 HB 158 SCS CSHB 158(RLS) am S Second Reading Amendment No. 3 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Taylor, Zharoff and so, Amendment No. 3 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS) am S was automatically in third reading. Amendment No. 6 was not offered. Senator Phillips moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 7. Without objection, the bill was returned to second reading. Senator Phillips offered Amendment No. 7 : Page 1, line 2, following "Procedure": Insert "; and providing for an effective date" Page 5, following line 18: Insert a new bill section to read: "* Sec. 4. AS09.10.055 is repealed and reenacted to read: Sec. 09.10.055. STATUTE OF REPOSE FOR IMPROVEMENTS TO REAL PROPERTY. (a) Notwithstanding AS09.10.140, a person may not bring an action for personal injury, death, or property damage, if the action is based on a defect in the design, planning, supervision, construction, or inspection or observation of construction of an improvement to real property unless the action is brought within 15 years of the date of substantial completion of the improvement. 1996-05-01 Senate Journal Page 3775 HB 158 (b) Notwithstanding (a) of this section, if personal injury, death, or property damage occurs in the 15th year after substantial completion of the improvement, a person may bring a negligence action to recover damages if the negligence action is brought within one year after the date on which the personal injury, death, or property damage occurs. (c) This section does not apply (1) to an action against a person who was in actual possession and lawful control of the improvement at the time the defect caused the personal injury, death, or property damage; (2) if the personal injury, death, or property damage was caused intentionally or resulted from gross negligence, fraud, fraudulent concealment, fraudulent misrepresentation, or breach of an express warranty or guarantee; or (3) if a longer period of time for bringing the action was provided under a contract. (d) In this section, "substantial completion" means the date when construction is sufficiently completed to allow the owner or a person authorized by the owner to occupy the improvement or use the improvement in the manner for which it was intended." Renumber the following bill sections accordingly. Page 5, following line 28: Insert a new bill section to read: "* Sec. 6. AS09.10.070 is repealed and reenacted to read: Sec. 09.10.070. ACTIONS FOR TORTS AND CERTAIN STATUTORY LIABILITIES TO BE BROUGHT IN TWO YEARS. A person may not bring an action (1) for libel, slander, assault, battery, seduction, false imprisonment, or for any injury to the person or rights of another not arising on contract and not specifically provided otherwise; (2) upon a statute for a forfeiture or penalty to the state; or (3) upon a liability created by statute, other than a penalty or forfeiture, unless the action is commenced within two years." Renumber the following bill sections accordingly. 1996-05-01 Senate Journal Page 3776 HB 158 Page 7, following line 2: Insert a new bill section to read: "* Sec. 9. AS09.17.010 is repealed and reenacted to read: Sec. 09.17.010. NONECONOMIC DAMAGES. (a) In an action to recover damages for personal injury based on negligence, damages for noneconomic losses shall be limited to compensation for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, and other nonpecuniary damage. (b) The amount of damages awarded by a court or a jury under (a) of this section may not exceed $500,000 for each claim based on a separate incident or injury. (c) The limit under (b) of this section does not apply to damages for disfigurement or severe physical impairment." Renumber the following bill sections accordingly. Page 7, following line 7: Insert a new bill section to read: "* Sec. 11. AS09.17.020 is repealed and reenacted to read: Sec. 09.17.020. PUNITIVE DAMAGES. Punitive damages may not be awarded in an action, whether in tort, contract, or otherwise, unless supported by clear and convincing evidence." Renumber the following bill sections accordingly. Page 7, following line 29: Insert a new bill section to read: "* Sec. 14. AS09.17.040(e) is repealed and reenacted to read: (e) The court may require security be posted in order to ensure that funds are available as periodic payments become due. The court may not require security to be posted if an authorized insurer, as defined in AS21.90.900, acknowledges to the court its obligation to discharge the judgment." Renumber the following bill sections accordingly. 1996-05-01 Senate Journal Page 3777 HB 158 Page 8, following line 11: Insert a new bill section to read: "* Sec. 16. AS09.17.040(f) is repealed and reenacted to read: (f) A judgment ordering payment of future damages by periodic payment shall specify the recipient, the dollar amount of the payments, the interval between payments, and the number of payments or the period of time over which payments shall be made. Payments may be modified only in the event of the death of the judgment creditor, in which case payments may not be reduced or terminated, but shall be paid to persons to whom the judgment creditor owed a duty of support, as provided by law, immediately before death. In the event the judgment creditor owed no duty of support to dependents at the time of the judgment creditor's death, the money remaining shall be distributed in accordance with a will of the deceased judgment creditor accepted into probate or under the intestate laws of the state if the deceased had no will." Renumber the following bill sections accordingly. Page 8, following line 25: Insert a new bill section to read: "* Sec. 18. AS09.17.080(a) is repealed and reenacted to read: (a) In all actions involving fault of more than one party to the action, including third-party defendants and persons who have been released, the court, unless otherwise agreed by all parties, shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, indicating (1) the amount of damages each claimant would be entitled to recover if contributory fault is disregarded; and (2) the percentage of the total fault of all of the parties to each claim that is allocated to each claimant, defendant, third-party defendant, and person who has been released from liability." Renumber the following bill sections accordingly. 1996-05-01 Senate Journal Page 3778 HB 158 Page 9, following line 5: Insert a new bill section to read: "* Sec. 20. AS09.17.080(c) is repealed and reenacted to read: (c) The court shall determine the award of damages to each claimant in accordance with the findings, and enter judgment against each party liable. The court also shall determine and state in the judgment each party's equitable share of the obligation to each claimant in accordance with the respective percentages of fault." Renumber the following bill sections accordingly. Page 9, following line 29: Insert a new bill section to read: "* Sec. 23. AS09.30.065 is repealed and reenacted to read: Sec. 09.30.065. OFFERS OF JUDGMENT. At any time more than 10 days before the trial begins either the party making a claim or the party defending against a claim may serve upon the adverse party an offer to allow judgment to be entered in complete satisfaction of the claim for the money or property or to the effect specified in the offer, with costs then accrued. If within 10 days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service, and the clerk shall enter judgment. An offer not accepted within 10 days is considered withdrawn and evidence of that offer is not admissible except in a proceeding to determine the form of judgment after verdict. If the judgment finally entered on the claim as to which an offer has been made under this section is not more favorable to the offeree than the offer, the interest awarded under AS09.30.070 and accrued up to the date judgment is entered shall be adjusted as follows: (1) if the offeree is the party making the claim, the interest rate shall be reduced by five percent a year; (2) if the offeree is the party defending against the claim, the interest rate shall be increased by five percent a year." Renumber the following bill sections accordingly. 1996-05-01 Senate Journal Page 3779 HB 158 Page 10, following line 7: Insert a new bill section to read: "* Sec. 25. AS09.30.070(a) is repealed and reenacted to read: (a) The rate of interest on judgments and decrees for the payment of money is 10.5 percent a year, except that a judgment or decree founded on a contract in writing, providing for the payment of interest until paid at a specified rate not exceeding the legal rate of interest for that type of contract, bears interest at the rate specified in the contract if the interest rate is set out in the judgment or decree." Renumber the following bill sections accordingly. Page 15, following line 12: Insert a new bill section to read: "* Sec. 32. AS09.65.210 is repealed and reenacted to read: Sec. 09.65.210. DAMAGES RESULTING FROM COMMISSION OF A FELONY. A person who suffers personal injury or death may not recover damages for the personal injury or death if the injuries or death occurred while the person was engaged in the commission of a felony, the person has been convicted of the felony, including conviction based on a guilty plea or plea of nolo contendere, and the felony substantially contributed to the injury or death. This section does not affect a right of action under 42 U.S.C. 1983." Renumber the following bill sections accordingly. Page 16, following line 5: Insert a new bill section to read: "* Sec. 34. AS05.50; AS09.10.075; AS09.17.020(b), 09.17.020(c), 09.17.020(d), 09.17.091; AS09.55.551, 09.55.560(4), 09.55.700; AS09.65.096, 09.65.190; and AS09.68.125 are repealed." Renumber the following bill sections accordingly. Page 16, line 6: Delete "sec. 14" Insert "secs. 22 and 23" 1996-05-01 Senate Journal Page 3780 HB 158 Page 16, line 9: Delete "sec. 18" Insert "sec. 28" Page 16, line 12: Delete "sec. 18" Insert "sec. 28" Page 16, line 15: Delete "sec. 20" Insert "sec. 30" Page 16, line 18: Delete "sec. 20" Insert "sec. 30" Page 16, line 21: Delete "sec. 22" Insert "sec. 33" Page 16, line 27: Delete "Sections 7 and 8" Insert "Sections 10 and 12" Page 16, line 28, following "of": Insert "secs. 10 and 12 of" Page 16, line 29: Following "date": Insert "of secs. 10 and 12" Delete "secs. 7 and 8 of this Act, this" Insert "secs. 10 and 12 of this Act, each section of this" Page 16, line 30, following "date": Insert "of that section" 1996-05-01 Senate Journal Page 3781 HB 158 Page 16, following line 30: Insert new bill sections to read: "* Sec. 43. Sections 4, 6, 9, 11, 14, 16, 18, 20, 23, 25, 32, and 34 of this Act take effect only if the director of the division of insurance fails to certify to the revisor of statutes on or before June 30, 2001, that the liability insurance rates filed with the division of insurance on July 1, 1996, have been reduced by at least 10 percent as of June1, 2001. The director of the division of insurance shall promptly certify to the revisor of statutes if liability insurance rates decrease by 10 percent or more as described under this section. In this section, "liability insurance" has the meaning given in AS21.12.070(a)(2). * Sec. 44. If secs. 4, 6, 9, 11, 14, 16, 18, 20, 23, 25, 32, and 34 of this Act take effect, they take effect July1, 2001." Senator Phillips moved for the adoption of Amendment No. 7. Objections were heard. The question being: Shall Amendment No. 7 be adopted? The roll was taken with the following result: SCS CSHB 158(RLS) am S Second Reading Amendment No. 7 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Lincoln, R.Phillips, Salo, Taylor, Zharoff Nays: Frank, Green, Halford, Hoffman, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Torgerson and so, Amendment No. 7 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS) am S was automatically in third reading. Senator Phillips moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 8. Without objection, the bill was returned to second reading. 1996-05-01 Senate Journal Page 3782 HB 158 Senator Phillips offered Amendment No. 8 : Page 16, following line 23: Insert a new bill section to read: "* Sec. 29. REPORT. The director of the division of insurance shall determine the effects of this Act on the liability insurance rates in this state and shall present a report of the director's findings to the legislature by January 1, 1998. In this section, "liability insurance" has the meaning given in AS 21.12.070(a)(2)." Renumber the following bill sections accordingly. Senator Phillips moved for the adoption of Amendment No. 8. Without objection, Amendment No. 8 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS) am S was automatically in third reading. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS) am S An Act relating to civil actions; amending Rules 13(e), 68, 79(b), 82(b), and 95, Alaska Rules of Civil Procedure pass the Senate? The roll was taken with the following result: SCS CSHB 158(RLS) am S Third Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Taylor, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS) passed the Senate. 1996-05-01 Senate Journal Page 3783 HB 158 Senator Halford moved for the adoption of the Court Rule changes. The question being: Shall the Court Rule changes be adopted? The roll was taken with the following result: SCS CSHB 158(RLS) am S Adopt Court Rule Changes? YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Torgerson Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Taylor, Zharoff and so, the Court Rule changes failed. Senator Phillips gave notice of reconsideration. HB 272 SENATE CS FOR CS FOR HOUSE BILL NO. 272(FIN) An Act relating to municipal taxation of motor vehicles; and providing for an effective date which had been held (page 3725) was read the third time. Senator Torgerson 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 Torgerson offered Amendment No. 1 : Page 1, lines 4 through 11: Delete Section 1 Renumber remaining Sections accordingly. Senator Torgerson moved for the adoption of Amendment No. 1. Senator Rieger objected. 1996-05-01 Senate Journal Page 3784 HB 272 Senator Torgerson moved and asked unanimous consent to withdraw his motion for the adoption of Amendment No. 1. Without objection, it was so ordered. SENATE CS FOR CS FOR HOUSE BILL NO. 272(FIN) was automatically in third reading. Senator Torgerson moved that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Without objection, the bill was returned to second reading. Senators Torgerson, Rieger offered Amendment No. 2 : Page 1, lines 4 through 11: Delete Section 1 Renumber remaining Sections accordingly. Add a new subsection to AS 28.10.431 to read as follows: A vehicle registration application and renewal application for vehicles subject to a municipal vehicle registration tax shall itemize the total amount due in a manner which separately shows the amount of vehicle registration tax imposed by the municipality Senator Torgerson moved for the adoption of Amendment No. 2. Senator Donley objected. Senator Donley moved that Amendment No. 2 be divided as follows: Amendment No. 2, part A: Page 1, lines 4 through 11, Delete Section 1 Renumber remaining Sections accordingly. 1996-05-01 Senate Journal Page 3785 HB 272 Amendment No. 2, part B: Add a new subsection to AS 28.10.431 to read as follows: A vehicle registration application and renewal application for vehicles subject to a municipal vehicle registration tax shall itemize the total amount due in a manner which separately shows the amount of vehicle registration tax imposed by the municipality Senator Frank objected. The question being: Shall Amendment No. 2 be divided? The roll was taken with the following result: SCS CSHB 272(FIN) Second Reading Amendment No. 2 Divide Question YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Nays: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson and so, Amendment No. 2 failed to be divided. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: SCS CSHB 272(FIN) Second Reading Amendment No. 2 YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Green, Halford, Hoffman, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Kelly 1996-05-01 Senate Journal Page 3786 HB 272 and so, Amendment No. 2 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 272(FIN) am S was automatically in third reading. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 272(FIN) am S An Act relating to municipal taxation of motor vehicles; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 272(FIN) am S Third Reading - Final Passage YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Hoffman, Leman, Miller, Pearce, Salo, Sharp, Taylor, Torgerson Nays: Adams, Donley, Duncan, Ellis, Kelly, Lincoln, R.Phillips, Rieger, Zharoff Lincoln changed from "Yea" to "Nay". Taylor changed from "Nay" to "Yea". and so, SENATE CS FOR CS FOR HOUSE BILL NO. 272(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 272(FIN) am S Effective Date Vote YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis and so, the effective date clause was adopted. 1996-05-01 Senate Journal Page 3787 HB 272 Senator Hoffman gave notice of reconsideration. HB 393 SENATE CS FOR CS FOR HOUSE BILL NO. 393(HES) which had been held (page 3726) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 393(HES) An Act relating to managed care for recipients of medical assistance; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 393(HES) Third Reading - Final Passage YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Adams, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 393(HES) 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 393(HES) 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. Senator Donley gave notice of reconsideration. 1996-05-01 Senate Journal Page 3788 HB 497 HOUSE BILL NO. 497 which had been held (page 3726) was read the third time. The question being: Shall HOUSE BILL NO. 497 An Act relating to chiropractic peer review; and providing for an effective date pass the Senate? The roll was taken with the following result: HB 497 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. 497 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. CITATIONS In Memoriam - Arthur Hirth, Jr. Representative(s) G. Phillips Senator(s) Torgerson, Pearce, Kelly, Taylor, Lincoln, Duncan, Salo In Memoriam - Jack Christiansen, Sr. Senator(s) Zharoff, Pearce, Kelly, Taylor, Lincoln, Duncan Representative(s) Austerman In Memoriam - Larry Edward Larionoff Senator(s) Zharoff, Pearce, Kelly, Taylor, Lincoln, Duncan Representative(s) Austerman 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. 1996-05-01 Senate Journal Page 3789 UNFINISHED BUSINESS HB 4 Senator Taylor moved and asked unanimous consent that he be shown as a cross sponsor on CS FOR HOUSE BILL NO. 4(STA)(title am) An Act allowing, for the purposes of permanent fund dividend eligibility, an individual to accompany, as the spouse or minor or disabled dependent, another eligible resident who is absent for vocational, professional, or other specific education for which a comparable program is not reasonably available in the state, for secondary or postsecondary education, for military service, for medical treatment, for service in the Congress or in the Peace Corps, or for other reasons that the commissioner of revenue may establish by regulation; requiring, for the purposes of permanent fund dividend eligibility, an individual who is not physically present in the state to maintain and demonstrate at all times an intent to return to the state to remain permanently; relating to the eligibility for 1992, 1993, and 1994 permanent fund dividends of certain spouses and dependents of eligible applicants; relating to appeal periods for certain 1994 permanent fund dividends; and providing for an effective date. Without objection, it was so ordered. SB 285 Senator Donley moved and asked unanimous consent that he be shown as a cosponsor on SENATE BILL NO. 285 An Act relating to management of discrete salmon stocks and to a salmon management assessment; and providing for an effective date. Without objection, it was so ordered. HJR 58 The reconsideration on CS FOR HOUSE JOINT RESOLUTION NO. 58(RES) Relating to reauthorization and reform of the Endangered Species Act, was not taken up on April 30 and the resolution was signed by the President and Secretary and returned to the House. HB 397 The reconsideration on CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(FIN) An Act relating to the fisheries resource landing tax and to the seafood marketing assessment; and providing for an effective date was not taken up on April 30 and the bill was signed by the President and Secretary and returned to the House. 1996-05-01 Senate Journal Page 3790 ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 141 CS FOR SENATE BILL NO. 141(RLS) am An Act relating to legislative and executive branch ethics; relating to the conduct of lobbyists with respect to public officials; relating to campaigning by state employees; relating to the filing of financial disclosures by certain state employees and officials; making a conforming amendment to the definition of `public official' for employment security statutes; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration with a Senate Letter of Intent. SB 191 CS FOR SENATE BILL NO. 191(FIN) An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns, the activities of lobbyists that relate to election campaigns, the definitions of offenses of campaign misconduct, and to the use of the net proceeds of charitable gaming activities in election campaigns; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 265 CS FOR SENATE BILL NO. 265(FIN) An Act relating to the definition of program receipts; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. 1996-05-01 Senate Journal Page 3791 HB 341 SENATE CS FOR CS FOR HOUSE BILL NO. 341(FIN) 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 was engrossed, signed by the President and Secretary and returned to the House for consideration. ENROLLMENT SCR 25 SENATE CONCURRENT RESOLUTION NO. 25 Relating to supporting home schooling and establishing Alaska Home Education Week, 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 10:32 p.m., May 1, 1996. SCR 27 SENATE CONCURRENT RESOLUTION NO. 27 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 335, relating to the Big Game Commercial Services Board and the occupations regulated by the board, 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 10:32 p.m., May 1, 1996. SB 168 SENATE BILL NO. 168 An Act relating to financial institutions was enrolled, signed by the President and Secretary, Speaker and Chief Clerk and the engrossed and enrolled copies transmitted to the Office of the Governor at 11:11 p.m., May 1, 1996. 1996-05-01 Senate Journal Page 3792 SB 305 CS FOR SENATE BILL NO. 305(L&C) An Act relating to the regulation of accountants; and amending the effective date for sec. 6, ch. 62, SLA 1991 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 10:32 p.m., May 1, 1996. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 1:30 p.m., May 2, 1996. Without objection, the Senate adjourned at 11:59 p.m. Nancy Quinto Secretary of the Senate May 1996 1996-05-01 Senate Journal Page 3793 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 FINANCE SENATE FINANCE 532 MAY 01 WEDNESDAY 9:30 AM SB 216OMNIBUS STATE FEES & COST ASSESSMENTS SB 191ELECTION CAMPAIGN FINANCE REFORM SB 210INCREASE TOBACCO TAXES HB 109PHONE DIRECTORY LISTING/SOLICITATIONS/ADS HB 436MOBILE HOME DEALERS & TITLES SB 285DISCRETE SALMON STOCK MANAGMNT & ASSESSMT HB 211VOTER REGISTRATION & ELECTIONS HB 314VIOLATING DOMESTIC VIOLENCE ORDERS HB 57LICENSING REQUIREMENTS FOR DRIVERS HB 110CONFIDENTIALITY OF MOTOR VEHICLE RECORDS HB 405BD OF OPTOMETRISTS; OPTICIANS HB 4PERMANENT FUND DIVIDEND ELIGIBILITY BILLS PREVIOUSLY HEARD OR SCHEDULED -- MEETING RECESSED TO CALL OF THE CHAIR -- MAY 02 THURSDAY 10:30 AM SB 216OMNIBUS STATE FEES & COST ASSESSMENTS HB 110CONFIDENTIALITY OF MOTOR VEHICLE RECORDS HB 57LICENSING REQUIREMENTS FOR DRIVERS HB 109PHONE DIRECTORY LISTING/SOLICITATIONS/ADS HB 436MOBILE HOME DEALERS & TITLES HB 211VOTER REGISTRATION & ELECTIONS HB 314VIOLATING DOMESTIC VIOLENCE ORDERS HB 361CAP PROJ MATCHING GRANT FOR INDIAN RESERV HB 405BD OF OPTOMETRISTS; OPTICIANS HB 325NO. SLOPE HEAVY OIL ROYALTY MODIFICATION HB 4PERMANENT FUND DIVIDEND ELIGIBILITY HB 386CRUELTY TO ANIMALS BILLS PREVIOUSLY HEARD OR SCHEDULED 1996-05-01 Senate Journal Page 3794 FINANCE CONTINUED MAY 03 FRIDAY 9:00 AM BILLS PREVIOUSLY HEARD OR SCHEDULED MAY 06 MONDAY 9:00 AM BILLS PREVIOUSLY HEARD OR SCHEDULED ---------------------------------------- HEALTH, EDUCATION & SOCIAL SERVICES BUTROVICH ROOM 205 MAY 01 WEDNESDAY 9:00 AM + CONFIRMATION HEARING OF GOV.'S APPOINTMENTS: U OF A BOARD OF REGENTS - JOE L. HAYES, JR. HB 529APPROVE CENTRALIZED PUBLIC HEALTH LAB ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAY 01 WEDNESDAY 1:30 PM + HB 202JUVENILE DELINQUENCY PROCEEDINGS + HB 204DRINKING & DRIVING: MINORS & OTHERS BILLS PREVIOUSLY HEARD OR SCHEDULED MAY 02 THURSDAY 3:30 PM HB 306PHYSICIAN'S LIENS HB 379VICTIM/JUVENILE OFFENDER MEDIATION SB 306G.O. BONDS FOR CORRECTIONAL FACILITIES BILLS PREVIOUSLY HEARD OR SCHEDULED MAY 03 FRIDAY 1:30 PM BILLS PREVIOUSLY HEARD OR SCHEDULED ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAY 02 THURSDAY 1:30 PM HB 550INVESTMENTS BY FIDUCIARIES <PENDING REFERRAL> BILLS PREVIOUSLY HEARD ---------------------------------------- 1996-05-01 Senate Journal Page 3795 RESOURCES BUTROVICH ROOM 205 MAY 01 WEDNESDAY 5:45 PM - WILL MEET AFTER ANCHORAGE CAUCUS - + BILLS PREVIOUSLY HEARD HELD FROM MONDAY: HB 342WATER QUALITY STANDARDS HJR 66OPPOSE AMERICAN HERITAGE AREAS - MEETING RECESSED TO 5/2/96 - CALL OF THE CHAIR MAY 02 THURSDAY 1:00 PM - CONTINUATION OF 5/1/96 MEETING - HJR 66OPPOSE AMERICAN HERITAGE AREAS HB 342WATER QUALITY STANDARDS MAY 03 FRIDAY 3:30 PM + BILLS PREVIOUSLY HEARD ---------------------------------------- RULES FAHRENKAMP RM 203 MAY 01 WEDNESDAY 1:45 AM - MEETING RESCHEDULED FROM 4/30/96 - SB 136APPROP: FY 96 CAPITAL PROJECTS BUDGET SB 152GEOGRAPHIC PAY DIFFERENTIALS SB 191ELECTION CAMPAIGN FINANCE REFORM SB 215OMNIBUS STATE AGENCY OPERATIONS & PROGRAM SB 216OMNIBUS STATE FEES & COST ASSESSMENTS <PENDING REFERRAL> SB 265RECEIPTS OF TEST FISHING OPERATIONS HB 341TAX APPEALS/ASSESSMENT/LEVY/COLLECTION HB 434UNCLAIMED PROPERTY MAY 01 WEDNESDAY 3:05 PM SB 191ELECTION CAMPAIGN FINANCE REFORM MAY 02 THURSDAY 2:00 PM HB 468APPROP: SUPPLEMENTAL & OTHERS HB 529APPROVE CENTRALIZED PUBLIC HEALTH LAB SB 210INCREASE TOBACCO TAXES SB 285DISCRETE SALMON STOCK MANAGMNT & ASSESSMT SB 216OMNIBUS STATE FEES & COST ASSESSMENTS <PENDING REFERRAL> PENDING: SB 152GEOGRAPHIC PAY DIFFERENTIALS SB 215OMNIBUS STATE AGENCY OPERATIONS & PROGRAM 1996-05-01 Senate Journal Page 3796 STATE AFFAIRS BELTZ ROOM 211 MAY 02 THURSDAY 9:00 AM - RESCHEDULED FROM 5/1/96 - HJR 20CONFERENCE OF THE STATES HJR 61ANCHORAGE VETERANS AFFAIRS OFFICE HCR 25381ST INTELL.SQUADRON DIVISION DAY + HB 198PFD ALLOWABLE ABSENCES HB 490FINANCIAL ASSISTANCE TO BIDCO BILLS PREVIOUSLY SCHEDULED, INCLUDING: HB 63DOG MUSHING VANITY PLATES + HB 249MCGRATH KUSKOKWIM RIVER ICE CLASSIC HB 359APPOINTMENT PROCESS FOR BDS & COMM'NS ---------------------------------------- TRANSPORTATION BUTROVICH ROOM 205 MAY 01 WEDNESDAY 5:55 PM - RESCHEDULED FROM 4/30/96 - SJR 42CONSTRUCTION OF ALASKA HIGHWAY BILLS PREVIOUSLY HEARD MAY 02 THURSDAY 3:00 PM HB 526AIDEA OPERATIONS/PROJECTS/LOANS JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 412 SENATE FINANCE 532 MAY 02 THURSDAY 3:00 PM -- RESCHEDULED FROM 5/01/96 -- - JOINT WITH CONFERENCE COMMITTEE ON HB 413 - HB 412APPROPRIATIONS: OPERATING BUDGET EDUCATION PUBLIC SAFETY TRANSFERS TO CAPITAL TRANSPORTATION ---------------------------------------- 1996-05-01 Senate Journal Page 3797 CONFERENCE COMMITTEE ON HB 413 SENATE FINANCE 532 MAY 02 THURSDAY 3:00 PM -- RESCHEDULED FROM 5/01/96 -- - JOINT WITH CONFERENCE COMMITTEE ON HB 412 - HB 413APPROPRIATIONS FOR MENTAL HEALTH EDUCATION PUBLIC SAFETY TRANSFERS TO CAPITAL TRANSPORTATION ---------------------------------------- LEGISLATIVE COUNCIL BUTROVICH ROOM 205 MAY 01 WEDNESDAY 12:30 PM LEGISLATIVE COUNCIL ---------------------------------------- CONFERENCE COMMITTEE ON SCR 8 SENATE FINANCE 532 MAY 01 WEDNESDAY 8:00 AM -- TIME CHANGE TO CALL OF THE CHAIR -- -- MOST PROBABLY ON 5/2/96 -- SCR 8APPROVING LEG. OPEN MEETINGS GUIDELINES MAY 02 THURSDAY 0:00 AM -- WILL MEET AT CALL OF THE CHAIR -- - RESCHEDULED FROM 5/1/96 - SCR 8APPROVING LEG. OPEN MEETINGS GUIDELINES