Legislature(1995 - 1996)
1996-05-04 Senate Journal
Full Journal pdf1996-05-04 Senate Journal Page 3903 SENATE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE - SECOND SESSION Juneau, Alaska Saturday One Hundred Eighteenth Day Pursuant to adjournment the Senate was called to order by President Pearce at 9:28 a.m. The roll showed eleven members present. Senator Adams was excused from a call of the Senate. Senators Donley, Ellis, Frank, Kelly, Lincoln, Miller, Rieger, Taylor were absent. The prayer was offered by the Chaplain, Senator Torgerson. Senator Hoffman moved and asked unanimous consent that the prayer be spread. Without objection, it was so ordered. Lord, we give thanks to be a part of this body today. We ask Your blessing as we strive to serve the needs of the people of this great state. Help us Lord, to be patient and listen, so that we hear the words that will allow us to make good decisions. Help us Lord, to be clear of vision and see all sides, so that we can recognize the best path. Help us to be wise, to deliberate the issues with reason and care, so that the business of the people is correct and proper. And Lord, help us to remember that You guide and govern everything with love; and help us to act in accordance with Your will, in Jesus name, Amen. Senator Torgerson led the Senate in the pledge of allegiance. The presence of Senators Miller, Ellis, Taylor was noted. 3903 1996-05-04 Senate Journal Page 3904 CERTIFICATION Senator Halford moved and asked unanimous consent that the journal for the one hundred seventeenth legislative day be approved as certified by the Secretary. Without objection, it was so ordered. MESSAGES FROM THE HOUSE HB 104 Message of May 3 was read, stating the House concurred in the Senate amendment to CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104 (JUD) am, thus adopting: SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104(FIN) An Act relating to disclosures of information about certain minors. HB 272 Message of May 3 was read, stating the House concurred in the Senate amendments to CS FOR HOUSE BILL NO. 272(FIN), thus adopting: 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. HB 341 Message of May 3 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 341(FIN), thus adopting: 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 1996-05-04 Senate Journal Page 3905 HB 341 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. HB 393 Message of May 3 was read, stating the House concurred in the Senate amendment to CS FOR HOUSE BILL NO. 393(FIN), thus adopting: 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. SB 112 Message of May 3 was read, stating the House passed and returned for consideration CS FOR SENATE BILL NO. 112(RES) with the following amendment: HOUSE CS FOR CS FOR SENATE BILL NO. 112(FIN) An Act establishing a discovery royalty credit for the lessees of state land drilling exploratory wells and making the first discovery of oil or gas in an oil or gas pool in the Cook Inlet sedimentary basin. Senator Halford moved that the Senate concur in the House amendment. Senator Halford called the Senate. Senator Halford lifted the call. The question being: Shall the Senate concur in the House amendment to CS FOR SENATE BILL NO. 112(RES)? The roll was taken with the following result: 1996-05-04 Senate Journal Page 3906 SB 112 HCS CSSB 112(FIN) Shall the Senate Concur in the House amendment to CSSB 112(RES)? YEAS: 14 NAYS: 0 EXCUSED: 1 ABSENT: 5 Yeas: Duncan, Ellis, Green, Halford, Hoffman, Leman, Miller, Pearce, R.Phillips, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Adams Absent: Donley, Frank, Kelly, Lincoln, Rieger and so, the Senate concurred in the House amendment, thus adopting HOUSE CS FOR CS FOR SENATE BILL NO. 112(FIN) An Act establishing a discovery royalty credit for the lessees of state land drilling exploratory wells and making the first discovery of oil or gas in an oil or gas pool in the Cook Inlet sedimentary basin. The Secretary was requested to notify the House. The bill was referred to the Secretary for enrollment. SB 263 Message of May 2 was read, stating the House passed CS FOR SENATE BILL NO. 263(JUD) with the following amendment: Page 3, line 25, following AS 45.50.900(a)(2): Insert ; (3) contracts between copyright owners, or performing rights societies, and software publishers and so, CS FOR SENATE BILL NO. 263(JUD) am H An Act relating to copyright licensing and royalties; and providing for an effective date. is returned for consideration. 1996-05-04 Senate Journal Page 3907 STANDING COMMITTEE REPORTS HB 48 Zero fiscal notes for the Judiciary Committee Substitute for CS FOR HOUSE BILL NO. 48(JUD) An Act relating to motorcycle helmets published today from Department of Public Safety (2), Department of Transportation and Public Facilities, Department of Law. HB 450 Fiscal note for CS FOR HOUSE BILL NO. 450(FIN) An Act relating to trademarks; and providing for an effective date published today from Department of Commerce and Economic Development. HJR 61 The Rules Committee considered HOUSE JOINT RESOLUTION NO. 61 Opposing the proposed changes in the functions of the federal Office of Veterans Affairs in Anchorage. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Sharp, Salo. The resolution is on today's calendar. HB 48 The Rules Committee considered CS FOR HOUSE BILL NO. 48(JUD) An Act relating to motorcycle helmets. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp, Salo. The bill is on today's calendar. HB 359 The Rules Committee considered CS FOR HOUSE BILL NO. 359(JUD) am An Act relating to the appointment and confirmation process for members of certain boards, commissions, and similar bodies; relating to terms of certain appointees; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Pearce, Sharp. Signing no recommendation: Senator Duncan. Signing under other recommendations: Senator Salo. The bill is on today's calendar. 1996-05-04 Senate Journal Page 3908 HB 478 The Rules Committee considered HOUSE BILL NO. 478 An Act allowing licensed real estate brokers, associate real estate brokers, and real estate salespersons to prepare certain documents; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Duncan, Pearce, Sharp. The bill is on today's calendar. HB 490 The Rules Committee considered HOUSE BILL NO. 490 An Act relating to grants and other financial assistance authorized or made by the Alaska Science and Technology Foundation for the BIDCO assistance program. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan. Signing no recommendation: Senator Sharp. Signing under other recommendations: Senator Salo. The bill is on today's calendar. HB 493 The Rules Committee considered CS FOR HOUSE BILL NO. 493(JUD) am An Act relating to treatment for alcoholism or drug abuse. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, 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 9:45 a.m. AFTER RECESS The Senate reconvened at 5:38 p.m. President Pearce called the Senate. The call was satisfied. 1996-05-04 Senate Journal Page 3909 STANDING COMMITTEE REPORTS CONTINUED SB 216 Forthcoming fiscal note for CS FOR SENATE BILL NO. 216(FIN)(title am) An Act relating to fees, assessments, and costs for certain functions of state or municipal 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, fees of the state Commission on Human Rights, administrative fees for self-insurers in workers' compensation, fees relating to applications for exploration incentive credits, charges to prisoners, marine and harbor facility use fees, business license fees, fees for training relating to management of hazardous substances and emergency management response, fees for regulation of pesticides and broadcast chemicals; and subdivision plans for sewage waste disposal or treatment; relating to a fuel tax exemption; and providing for an effective date published today from Department of Environmental Conservation. HJR 47 The State Affairs Committee considered CS FOR HOUSE JOINT RESOLUTION NO. 47(STA) Supporting continued funding of the Alaska National Guard Youth Corps Challenge Program. Signing do pass: Senator Sharp, Chair, Senators Duncan, Phillips, Leman, Donley. Previous House zero fiscal note. The resolution was referred to the Rules Committee. HB 2 The Judiciary Committee considered CS FOR HOUSE BILL NO. 2(FIN) An Act providing for incarceration of certain nonviolent offenders in boot camps operated by the Department of Corrections; making prisoners who complete the boot camp program eligible for furloughs and discretionary parole; allowing the Department of Corrections to contract with a person for a boot camp program; creating the Boot Camp Program Advisory Board in the Department of Corrections and recommended it be replaced with 1996-05-04 Senate Journal Page 3910 HB 2 SENATE CS FOR CS FOR HOUSE BILL NO. 2(JUD) Signing do pass: Senator Taylor, Chair, Senators Ellis, Green, Miller. Previous House fiscal note. The bill was referred to the Finance Committee. HB 73 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 73(L&C) An Act relating to licensure of manicurists and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 73(L&C) Signing do pass: Senator Kelly, Chair, Senator Salo. Signing no recommendation: Senators Miller, Torgerson. Previous House fiscal note and zero fiscal note apply to the Senate Committee Substitute. The bill was referred to the Finance Committee. HB 284 The Finance Committee considered CS FOR HOUSE BILL NO. 284(FIN) An Act relating to the Alaska Commercial Fishing and Agriculture Bank and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 284(FIN) (forthcoming) Signing do pass: Senator Halford, Cochair, Senator Zharoff. Signing no recommendation: Senators Rieger, Sharp, Phillips. 1996-05-04 Senate Journal Page 3911 HB 284 Previous House zero fiscal notes apply to the Senate Committee Substitute. The bill was referred to the Rules Committee. HB 307 The Labor and Commerce Committee considered CS FOR HOUSE BILL NO. 307(FIN) An Act relating to accounting for charitable gaming proceeds; providing that a political use is not an authorized use of charitable gaming proceeds; prohibiting the contribution of charitable gaming proceeds to candidates for certain public offices, their campaign organizations, or to political groups; providing that a political group is not a qualified organization for purposes of charitable gaming; and providing for an effective date. Signing do pass: Senator Kelly, Chair, Senators Miller, Torgerson. Signing no recommendation: Senator Salo. Previous House zero fiscal note. The bill was referred to the Rules Committee. HB 312 The State Affairs Committee considered CS FOR HOUSE BILL NO. 312(RES) am An Act extending the date for a review of and a report on the current law regarding subsistence use of fish and game and delaying the repeal of the current law regarding subsistence use of fish and game; and providing for an effective date. Signing do pass: Senator Sharp, Chair, Senators Leman, Phillips, Donley, Duncan. Zero fiscal note published today from the Senate State Affairs Committee. The bill was referred to the Rules Committee. 1996-05-04 Senate Journal Page 3912 HB 342 The Resources Committee considered CS FOR HOUSE BILL NO. 342(RES) am An Act relating to water quality and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 342(RES) Signing do pass: Senator Leman, Chair. Signing no recommendation: Senators Taylor, Halford, Frank, Lincoln. Fiscal note for the Senate Committee Substitute published today from Department of Environmental Conservation. President Pearce added a Finance Committee referral to the bill. Senator Halford, Chair, moved and asked unanimous consent that the Finance Committee referral be waived on the bill. Senator Duncan objected. The question being: Shall the Finance Committee referral be waived? The roll was taken with the following result: CSHB 342(RES) am Waive from Finance Committee? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Adams and so, the Finance Committee referral was waived and the bill was referred to the Rules Committee. 1996-05-04 Senate Journal Page 3913 HB 372 The Judiciary Committee considered CS FOR HOUSE BILL NO. 372(L&C) am An Act relating to the authority of the Alcoholic Beverage Control Board to exempt certain restaurant or eating place licenses from requirements relating to operation of a restaurant and to food sales; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 372(JUD), entitled: An Act relating to a restaurant or eating place license; relating to the Alcoholic Beverage Control Board; and providing for an effective date. (title change authorized by SCR 34) Signing do pass: Senator Taylor, Chair, Senator Miller. Signing no recommendation: Senators Ellis, Green. Fiscal note information forthcoming. The bill was referred to the Rules Committee. HB 401 The Finance Committee considered CS FOR HOUSE BILL NO. 401(RES) An Act authorizing the issuance and sale of revenue bonds to fund public wastewater systems, nonpoint source water pollution control projects, including solid waste management systems, and estuary conservation and management projects; authorizing the use of the Alaska clean water fund to pay and secure the bonds and to pay costs related to issuance and administration of the bonds; authorizing certain measures to secure payment of the bonds; and amending Rule 3, Alaska Rules of Civil Procedure. Signing do pass: Senator Halford, Cochair. Signing no recommendation: Senator Frank, Cochair, Senators Donley, Zharoff, Rieger, Phillips, Sharp. Previous House zero fiscal notes. The bill was referred to the Rules Committee. 1996-05-04 Senate Journal Page 3914 HB 433 The Judiciary Committee considered CS FOR HOUSE BILL NO. 433(JUD) am An Act relating to an exemption to the unauthorized publication or use of communications and the prohibition against eavesdropping for certain law enforcement activities. Signing do pass: Senator Taylor, Chair, Senators Green, Miller. Signing no recommendation: Senator Ellis. Previous House zero fiscal notes. The bill was referred to the Rules Committee. HJR 66 The Rules Committee considered HOUSE JOINT RESOLUTION NO. 66 am Relating to opposing the American Heritage Areas Program. Signing to calendar: Senator Miller, Chair, Senator Pearce. Signing no recommendation: Senators Duncan, Salo. The resolution is on today's calendar. HB 198 The Rules Committee considered CS FOR HOUSE BILL NO. 198(STA) An Act relating to absences from the state for purposes of eligibility for permanent fund dividends to care for a terminally ill parent, spouse, sibling, child, or stepchild; to care for a parent, spouse, sibling, child, or stepchild with a critical life-threatening illness whose treatment plan, as recommended by the attending physician, requires travel outside the state for treatment at a medical specialty complex; and to settle the estate of a deceased parent, spouse, sibling, child, or stepchild; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Salo. The bill is on today's calendar. 1996-05-04 Senate Journal Page 3915 HB 394 The Rules Committee considered CS FOR HOUSE BILL NO. 394(FIN) am An Act authorizing shallow natural gas leasing from sources within 3,000 feet of the surface; relating to regulation of natural gas exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; addressing the relationship between shallow natural gas and other natural resources; and adding, in the exemption from obtaining a waste disposal permit for disposal of waste produced from drilling, a reference to shallow natural gas. Signing to calendar: Senator Miller, Chair, Senator Pearce. Signing under other recommendations: Senators Duncan, Salo. The bill is on today's calendar. HB 436 The Rules Committee considered CS FOR HOUSE BILL NO. 436(TRA) An Act relating to purchase and sale of mobile homes by mobile home dealers; to mobile home titles; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senator Pearce. Signing under other recommendations: Senators Duncan, Salo. The bill is on today's calendar. HB 543 The Rules Committee considered CS FOR HOUSE BILL NO. 543(FIN)(title am) An Act establishing the procedures and conditions for lessees of land leases at state airport and air navigational facilities, including leases in holdover status to receive a new lease of the same land or an extended term of the existing lease; and relating to the title and ownership, and the sale, removal, and other disposition, of permanent improvements made to a leasehold under an airport or air navigational facility lease. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Salo. The bill is on today's calendar. 1996-05-04 Senate Journal Page 3916 HB 550 The Rules Committee considered HOUSE BILL NO. 550 An Act relating to investments by fiduciaries; and providing for an effective date. Signing to calendar: Senator Miller, Chair, Senators Pearce, Duncan, Salo. The bill is on today's calendar. SPECIAL COMMITTEE REPORTS HB 93 May 4, 1996 Madam President: Madam Speaker: The Conference Committee considering SENATE CS FOR HOUSE BILL NO. 93(HES) and HOUSE BILL NO. 93 am An Act relating to the duty-free mealtime for teachers in certain school facilities respectfully requests limited powers of free conference on the following specific point: Duty free meal time in Section 1 of SENATE CS FOR HOUSE BILL NO. 93(HES). Signing the report: Senator Green, Chair, Senator Miller, Representative James, Chair, Representative Mulder President Pearce granted the Senate members limited powers of free conference as requested. The Secretary was requested to notify the House. SCR 8 The following report was received and distributed at 2:00 p.m., May 4, 1996. May 4, 1996 Madam President: Madam Speaker: 1996-05-04 Senate Journal Page 3917 SCR 8 The CONFERENCE COMMITTEE considered CS FOR SENATE CONCURRENT RESOLUTION NO. 8(RLS) Approving in part the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics, and CS FOR SENATE CONCURRENT RESOLUTION NO. 8(RLS) am H Approving the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics, and recommends CONFERENCE CS FOR SENATE CONCURRENT RESOLUTION NO. 8(RLS) Approving in part the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics. be adopted. Signing the report: Senator Rieger, Chair, Senator Donley, Representative G. Davis, Chair, Representative Mackie Senate fiscal notes apply to the Conference Committee Substitute. Senator Halford moved that the Senate adopt the Conference Committee Report on CONFERENCE CS FOR SENATE CONCURRENT RESOLUTION NO. 8. The question being: Shall CONFERENCE CS FOR SENATE CONCURRENT RESOLUTION NO. 8 pass the Senate? The roll was taken with the following result: 1996-05-04 Senate Journal Page 3918 SCR 8 CCS SCR 8 Shall the Senate adopt the Conference Committee Report? YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Torgerson, Zharoff Nays: Taylor Excused: Adams Zharoff changed from "Nay" to "Yea". and so, the Senate passed CONFERENCE CS FOR SENATE CONCURRENT RESOLUTION NO. 8 Approving in part the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics. The Secretary was requested to notify the House. Senator Halford moved and asked unanimous consent that the Senate return to Messages from the House. Without objection, it was so ordered. MESSAGES FROM THE HOUSE Message of May 4 was read, stating the House passed and transmitted for consideration: FIRST READING AND REFERENCE OF HOUSE BILLS HB 136 CS FOR HOUSE BILL NO. 136(FIN) am(efd fld) BY THE HOUSE FINANCE COMMITTEE, entitled: 1996-05-04 Senate Journal Page 3919 HB 136 An Act relating to the establishment and operation of the Alaska Railroad Commission to determine whether sale of the Alaska Railroad is in the best interest of the state. was read the first time and referred to the Rules Committee. HB 407 CS FOR HOUSE BILL NO. 407(L&C) BY THE HOUSE LABOR AND COMMERCE COMMITTEE, entitled: An Act relating to discrimination by certain insurers against a person with a genetic defect. was read the first time and referred to the Health, Education and Social Services Committee. HB 414 CS FOR HOUSE BILL NO. 414(JUD) BY THE HOUSE JUDICIARY COMMITTEE, entitled: An Act requiring mediation in a civil action against an architect, engineer, or land surveyor; amending Rule 100, Alaska Rules of Civil Procedure; and providing for an effective date. was read the first time and referred to the Judiciary Committee. INTRODUCTION AND REFERENCE OF SENATE RESOLUTIONS SCR 34 SENATE CONCURRENT RESOLUTION NO. 34 BY THE SENATE JUDICIARY COMMITTEE, Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 372, relating to liquor licenses. was read the first time and referred to the Rules Committee. 1996-05-04 Senate Journal Page 3920 CONSIDERATION OF THE CALENDAR SECOND READING OF HOUSE BILLS HB 48 CS FOR HOUSE BILL NO. 48(JUD) An Act relating to motorcycle helmets 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. 48(JUD) was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 48(JUD) An Act relating to motorcycle helmets pass the Senate? The roll was taken with the following result: CSHB 48(JUD) Third Reading - Final Passage YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Green, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Salo, Taylor, Torgerson, Zharoff Nays: Halford, Rieger, Sharp Excused: Adams Rieger changed from "Yea" to "Nay". and so, CS FOR HOUSE BILL NO. 48(JUD) passed the Senate. Senator Leman gave notice of reconsideration. HB 198 CS FOR HOUSE BILL NO. 198(STA) An Act relating to absences from the state for purposes of eligibility for permanent fund dividends to care for a terminally ill parent, spouse, sibling, child, or stepchild; to care for a parent, spouse, sibling, child, or stepchild with a critical life-threatening illness whose treatment plan, as recommended by the attending physician, requires travel outside the state for treatment at a medical specialty complex; and to settle the estate of a deceased parent, spouse, sibling, child, or stepchild; and providing for an effective date was read the second time. 1996-05-04 Senate Journal Page 3921 HB 198 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. 198(STA) was read the third time. Senators Kelly, Duncan, Lincoln, Zharoff, Ellis, Taylor moved and asked unanimous consent that they be shown as cross sponsors on the bill. Without objection, it was so ordered. The question being: Shall CS FOR HOUSE BILL NO. 198(STA) An Act relating to absences from the state for purposes of eligibility for permanent fund dividends to care for a terminally ill parent, spouse, sibling, child, or stepchild; to care for a parent, spouse, sibling, child, or stepchild with a critical life-threatening illness whose treatment plan, as recommended by the attending physician, requires travel outside the state for treatment at a medical specialty complex; and to settle the estate of a deceased parent, spouse, sibling, child, or stepchild; and providing for an effective date pass the Senate? The roll was taken with the following result: CSHB 198(STA) Third Reading - Final Passage Effective Date YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Hoffman, Kelly, Leman, Lincoln, R.Phillips, Rieger, Salo, Taylor, Torgerson, Zharoff Nays: Green, Halford, Miller, Pearce, Sharp Excused: Adams and so, CS FOR HOUSE BILL NO. 198(STA) 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, the effective date clause was adopted. Senator Halford gave notice of reconsideration. 1996-05-04 Senate Journal Page 3922 HB 359 CS FOR HOUSE BILL NO. 359(JUD) am An Act relating to the appointment and confirmation process for members of certain boards, commissions, and similar bodies; relating to terms of certain appointees; and providing for an effective date was read the second time. Senator Kelly moved and asked unanimous consent for the adoption of the Labor and Commerce Senate Committee Substitute offered on page 3192. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 359(L&C) 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. SENATE CS FOR CS FOR HOUSE BILL NO. 359(L&C) was read the third time. The question being: Shall SENATE CS FOR CS FOR HOUSE BILL NO. 359(L&C) An Act relating to the appointment and confirmation process for members of certain boards, commissions, and similar bodies; relating to terms of certain appointees; and providing for an effective date pass the Senate? The roll was taken with the following result: SCS CSHB 359(L&C) Third Reading - Final Passage Effective Date YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Green, Halford Excused: Adams and so, SENATE CS FOR CS FOR HOUSE BILL NO. 359(L&C) passed the Senate. 1996-05-04 Senate Journal Page 3923 HB 359 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. HB 394 CS FOR HOUSE BILL NO. 394(FIN) am An Act authorizing shallow natural gas leasing from sources within 3,000 feet of the surface; relating to regulation of natural gas exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; addressing the relationship between shallow natural gas and other natural resources; and adding, in the exemption from obtaining a waste disposal permit for disposal of waste produced from drilling, a reference to shallow natural gas was read the second time. Senator Leman moved and asked unanimous consent for the adoption of the Resources Senate Committee Substitute offered on page 3659. Senator Duncan objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 394(RES) 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: SCS CSHB 394(RES) Advance from Second to Third Reading? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Adams and so, the bill failed to advance to third reading. 1996-05-04 Senate Journal Page 3924 HB 394 SENATE CS FOR CS FOR HOUSE BILL NO. 394(RES) will appear on the May 5 calendar. RECONSIDERATION OF SENATE BILLS SB 285 Senator Halford requested that the reconsideration on CS FOR SENATE BILL NO. 285(FIN) am An Act relating to management of discrete salmon stocks and to a salmon management assessment be taken up. CS FOR SENATE BILL NO. 285(FIN) am was before the Senate on reconsideration. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 285(FIN) am An Act relating to management of discrete salmon stocks and to a salmon management assessment pass the Senate? The roll was taken with the following result: CSSB 285(FIN) am Third Reading - On Reconsideration YEAS: 11 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Ellis, Frank, Green, Halford, Kelly, Miller, Pearce, R.Phillips, Rieger, Sharp Nays: Duncan, Hoffman, Leman, Lincoln, Salo, Taylor, Torgerson, Zharoff Excused: Adams and so, CS FOR SENATE BILL NO. 285(FIN) am passed the Senate on reconsideration and was referred to the Secretary for engrossment. 1996-05-04 Senate Journal Page 3925 SECOND READING OF HOUSE BILLS CONTINUED HB 436 CS FOR HOUSE BILL NO. 436(TRA) An Act relating to purchase and sale of mobile homes by mobile home dealers; to mobile home titles; and providing for an effective date was read the second time. Senator Halford moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Senator Salo objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: CSHB 436(TRA) Advance from Second to Third Reading? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Adams and so, the bill failed to advance to third reading. CS FOR HOUSE BILL NO. 436(TRA) will appear on the May 5 calendar. HB 478 Senator Halford moved and asked unanimous consent that HOUSE BILL NO. 478 An Act allowing licensed real estate brokers, associate real estate brokers, and real estate salespersons to prepare certain documents; and providing for an effective date be placed at the bottom of today's calendar. Without objection, it was so ordered. HB 490 HOUSE BILL NO. 490 An Act relating to grants and other financial assistance authorized or made by the Alaska Science and Technology Foundation for the BIDCO assistance program was read the second time. 1996-05-04 Senate Journal Page 3926 HB 490 Senator Sharp moved and asked unanimous consent for the adoption of the State Affairs Senate Committee Substitute offered on page 3812. Without objection, SENATE CS FOR HOUSE BILL NO. 490(STA) 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. SENATE CS FOR HOUSE BILL NO. 490(STA) was read the third time. Senator Ellis 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 HOUSE BILL NO. 490(STA) An Act relating to grants and other financial assistance authorized or made by the Alaska Science and Technology Foundation for the BIDCO assistance program pass the Senate? The roll was taken with the following result: SCS HB 490(STA) Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Adams and so, SENATE CS FOR HOUSE BILL NO. 490(STA) passed the Senate. Senator Green gave notice of reconsideration. HB 493 CS FOR HOUSE BILL NO. 493(JUD) am An Act relating to treatment for alcoholism or drug abuse was read the second time. 1996-05-04 Senate Journal Page 3927 HB 493 Senator Halford moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 3688. Senator Ellis objected, then withdrew his objection. There being no further objections, SENATE CS FOR CS FOR HOUSE BILL NO. 493(FIN) was adopted and read the second time. Senator Rieger offered Amendment No. 1 : Page 8, line 17, after who: Delete wilfully Insert knowingly Senator Rieger moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Ellis objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: SCS CSHB 493(FIN) am S Advance from Second to Third Reading? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Adams and so, the bill failed to advance to third reading. SENATE CS FOR CS FOR HOUSE BILL NO. 493(FIN) am S will appear on the May 5 calendar. 1996-05-04 Senate Journal Page 3928 HB 543 CS FOR HOUSE BILL NO. 543(FIN)(title am) An Act establishing the procedures and conditions for lessees of land leases at state airport and air navigational facilities, including leases in holdover status to receive a new lease of the same land or an extended term of the existing lease; and relating to the title and ownership, and the sale, removal, and other disposition, of permanent improvements made to a leasehold under an airport or air navigational facility lease was read the second time. Senator Halford moved and asked unanimous consent that the bill be placed at the bottom of today's calendar. Without objection, it was so ordered. HB 550 HOUSE BILL NO. 550 An Act relating to investments by fiduciaries; and providing for an effective date was read the second time. Senator Halford moved and asked unanimous consent that the bill be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE BILL NO. 550 was read the third time. The question being: Shall HOUSE BILL NO. 550 An Act relating to investments by fiduciaries; and providing for an effective date pass the Senate? The roll was taken with the following result: HB 550 Third Reading - Final Passage Effective Date YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Adams and so, HOUSE BILL NO. 550 passed the Senate. 1996-05-04 Senate Journal Page 3929 HB 550 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. THIRD READING OF SENATE BILLS SB 152 Senator Halford moved and asked unanimous consent that CS FOR SENATE BILL NO. 152(FIN) 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 be placed at the bottom of today's 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 which had been held on reconsideration (page 3890) be returned to the Rules Committee. Without objection, it was so ordered. THIRD READING OF HOUSE BILLS HB 447 CS FOR HOUSE BILL NO. 447(RES) An Act relating to traditional means of access for traditional outdoor uses and to the classification and the sale, lease, or other disposal of state land, water, or land and water was read the third time. 1996-05-04 Senate Journal Page 3930 HB 447 The question being: Shall CS FOR HOUSE BILL NO. 447(RES) An Act relating to traditional means of access for traditional outdoor uses and to the classification and the sale, lease, or other disposal of state land, water, or land and water pass the Senate? The roll was taken with the following result: CSHB 447(RES) Third Reading - Final Passage YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Ellis Excused: Adams and so, CS FOR HOUSE BILL NO. 447(RES) passed the Senate. Senator Ellis gave notice of reconsideration. Senator Lincoln announced a minority caucus. President Pearce lifted the call. RECESS Senator Halford moved and asked unanimous consent that the Senate stand in recess for the purpose of a majority caucus. Without objection, the Senate recessed at 7:03 p.m. AFTER RECESS The Senate reconvened at 9:54 p.m. President Pearce called the Senate. The call was satisfied. 1996-05-04 Senate Journal Page 3931 HB 539 HOUSE BILL NO. 539 An Act changing the name of the Alaska Soil and Water Conservation Board was read the third time. The question being: Shall HOUSE BILL NO. 539 An Act changing the name of the Alaska Soil and Water Conservation Board pass the Senate? The roll was taken with the following result: HB 539 Third Reading - Final Passage YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson Nays: Donley, Duncan, Ellis, Halford, Hoffman, Lincoln, Zharoff Excused: Adams Zharoff changed from "Yea" to "Nay". and so, HOUSE BILL NO. 539 passed the Senate. Senator Duncan gave notice of reconsideration. SECOND READING OF HOUSE RESOLUTIONS HJR 61 HOUSE JOINT RESOLUTION NO. 61 Opposing the proposed changes in the functions of the federal Office of Veterans Affairs in Anchorage, was read the second time. Senator Halford moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Without objection, it was so ordered. HOUSE JOINT RESOLUTION NO. 61 was read the third time. 1996-05-04 Senate Journal Page 3932 HJR 61 The question being: Shall HOUSE JOINT RESOLUTION NO. 61 Opposing the proposed changes in the functions of the federal Office of Veterans Affairs in Anchorage, pass the Senate? The roll was taken with the following result: HJR 61 Third Reading - Final Passage YEAS: 19 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Excused: Adams and so, HOUSE JOINT RESOLUTION NO. 61 passed the Senate, was signed by the President and Secretary and returned to the House. HJR 66 HOUSE JOINT RESOLUTION NO. 66 am Relating to opposing the American Heritage Areas Program, was read the second time. Senator Halford moved and asked unanimous consent that the resolution be advanced to third reading and placed on final passage. Objections were heard. The question being: Shall the resolution be advanced to third reading? The roll was taken with the following result: HJR 66am Advance from Second to Third Reading? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Adams and so, the resolution failed to advance to third reading. 1996-05-04 Senate Journal Page 3933 HJR 66 HOUSE JOINT RESOLUTION NO. 66 am will appear on the May 5 calendar. CITATIONS Honoring - Alaska State Park Volunteers Senator(s) Lincoln, Zharoff, Donley, Hoffman, Duncan, Taylor, Kelly, Leman, Rieger, Ellis, Pearce, R. Phillips Representative(s) Kubina, Nicholia Honoring - Alyssa Strom Representative(s) Ivan Senator(s) Hoffman, Zharoff, Green, Duncan, Taylor, Kelly, Leman, Lincoln, Rieger, Pearce Honoring - J.C. Thomas, Fairbanks Postmaster Representative(s) Davies Senator(s) Frank, Miller, Zharoff, Hoffman, Green, Duncan, Taylor, Kelly, Leman, Lincoln Honoring - George and Susan Malekos Representative(s) Willis Senator(s) Halford, Green, Zharoff, Donley, Hoffman, Duncan, Taylor, Kelly, Leman, Lincoln, R. Phillips, Pearce Honoring - Jess Hall Representative(s) Ogan, Kohring Senator(s) Green, Zharoff, Hoffman, Halford, Duncan, Taylor, Kelly, Leman, Lincoln, R. Phillips Honoring - Beverly Reaume Senator(s) Duncan, Zharoff, Hoffman, Taylor, Kelly, Leman, Lincoln Representative(s) Elton, Robinson Honoring - Linda Reishus Senator(s) Duncan, Zharoff, Hoffman, Green, Taylor, Kelly, Leman, Lincoln Representative(s) Elton, Robinson 1996-05-04 Senate Journal Page 3934 Honoring - Calvin Charlie and the Minto Lakers Boys Basketball Team Representative(s) Nicholia Senator(s) Lincoln, Zharoff, Hoffman, Green, Duncan, Taylor, Kelly, Leman, Pearce Honoring - Emergency Medical Services Representative(s) Nicholia Senator(s) Lincoln, Zharoff, Hoffman, Adams, Green, Halford, Duncan, Taylor, Kelly, Leman, Rieger, Ellis, Pearce, R. Phillips Honoring - Bill Stevens, Chadzah Aghwaa Representative(s) Nicholia Senator(s) Lincoln, Zharoff, Hoffman, Adams, Green, Duncan, Taylor, Kelly, Pearce Honoring - Garland Kayo McGillivray Representative(s) Navarre, G. Phillips, Davies Senator(s) Salo, Torgerson, Zharoff, Hoffman, Green, Duncan, Taylor, Kelly, Leman, Lincoln, Pearce Honoring - Richard Dick Stoffel for Outstanding Community Service Representative(s) Kohring Senator(s) Green, Hoffman, Halford, Taylor, Kelly, Leman, Lincoln, Pearce Honoring - Kaari M. Firor Representative(s) James Senator(s) Miller, Zharoff, Hoffman, Green, Duncan, Taylor, Kelly, Lincoln Commemorating - Alaska Garden Week, June 2-8, 1996 Representative(s) Robinson, James, Elton Senator(s) Duncan, Miller, Zharoff, Hoffman, Green, Taylor, Kelly, Leman, Lincoln, Pearce Honoring - Cliff Lobaugh, D.V.M. Representative(s) Robinson, Elton Senator(s) Duncan, Zharoff, Hoffman, Green, Halford, Taylor, Kelly, Leman, Lincoln, Rieger, Pearce, R. Phillips 1996-05-04 Senate Journal Page 3935 In Memoriam - Jimmy Nixon Representative(s) Austerman Senator(s) Zharoff, Hoffman, Green, Duncan, Taylor, Kelly, Leman, Lincoln In Memoriam - Eldon Lester Representative(s) Austerman Senator(s) Zharoff, Hoffman, Green, Duncan, Taylor, Kelly, Lincoln In Memoriam - Hazel E. Menke Representative(s) Nicholia Senator(s) Lincoln, Zharoff, Hoffman, Green, Duncan, Taylor, Kelly In Memoriam - Arthur Mathew Representative(s) Nicholia Senator(s) Lincoln, Zharoff, Hoffman, Green, Duncan, Taylor, Kelly In Memoriam - Sarah Gabriel Representative(s) Nicholia Senator(s) Lincoln, Zharoff, Hoffman, Green, Duncan, Taylor, Kelly In Memoriam - Bill Shem Pete Representative(s) Nicholia Senator(s) Lincoln, Zharoff, Hoffman, Green, Duncan, Taylor, Kelly, Leman, Rieger In Memoriam - Ronald Marvin Warbelow Representative(s) Nicholia Senator(s) Lincoln, Zharoff, Hoffman, Green, Duncan, Taylor, Kelly In Memoriam - Juergen Kienle Representative(s) Davies Senator(s) Frank, Zharoff, Hoffman, Green, Duncan, Taylor, Kelly, Lincoln In Memoriam - Frances Winifred Hawley Demientieff Senator(s) Lincoln, Zharoff, Hoffman, Green, Duncan, Taylor, Kelly, Leman, Rieger Representative(s) Nicholia 1996-05-04 Senate Journal Page 3936 In Memoriam - Fred Terwilliger Representative(s) Nicholia, Kubina Senator(s) Lincoln, Zharoff, Hoffman, Green, Duncan, Taylor, Kelly, R. Phillips, Ellis 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. CITATIONS Senator Kelly moved and asked unanimous consent that the notice and publication requirements be waived and the following citation be made a special order of business. Without objection, it was so ordered. SPECIAL ORDER OF BUSINESS Honoring - Senator Steve Frank Senator(s) Kelly, Halford, Leman, Pearce, Adams, Donley, Duncan, Ellis, Green, Hoffman, Lincoln, Miller, Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff. Senator Kelly moved and asked unanimous consent that the citation be adopted. Without objection, the citation was adopted and referred to the Secretary for transmittal. HOUSE BILLS IN SECOND READING CONTINUED HB 478 HOUSE BILL NO. 478 An Act allowing licensed real estate brokers, associate real estate brokers, and real estate salespersons to prepare certain documents; and providing for an effective date which had been placed at the bottom of today's calendar (page 3925) was read the second time. Senator Kelly moved and asked unanimous consent for the adoption of the Labor and Commerce Senate Committee Substitute offered on page 3111. Without objection, SENATE CS FOR HOUSE BILL NO. 478(L&C) was adopted and read the second time. 1996-05-04 Senate Journal Page 3937 HB 478 Senator Halford moved and asked unanimous consent that the bill be considered engrossed, advanced to third reading and placed on final passage. Senator Donley objected. The question being: Shall the bill be advanced to third reading? The roll was taken with the following result: SCS HB 478(L&C) Advance from Second to Third Reading? YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Torgerson, Zharoff Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Taylor Excused: Adams and so, the bill failed to advance to third reading. SENATE CS FOR HOUSE BILL NO. 478(L&C) will appear on the May 5 calendar. HB 543 CS FOR HOUSE BILL NO. 543(FIN)(title am) An Act establishing the procedures and conditions for lessees of land leases at state airport and air navigational facilities, including leases in holdover status to receive a new lease of the same land or an extended term of the existing lease; and relating to the title and ownership, and the sale, removal, and other disposition, of permanent improvements made to a leasehold under an airport or air navigational facility lease which had been placed at the bottom of today's calendar (page 3928) was before the Senate in second reading. Senator Halford offered Amendment No. 1 : Page 2, line 18: Delete "AS 02.15.090" Insert "AS 02.15.090(b)" Page 2, line 19, through page 3, line 10: Delete all material. 1996-05-04 Senate Journal Page 3938 HB 543 Page 3, line 17: Delete "ª(a) OFß" Insert "(a) or (c) - (e) of" Senator Halford moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Frank offered Amendment No. 2 : Page 1, line 6, following "lease": Insert "; and providing for an effective date" Page 4, following line 26: Insert new bill sections to read: "* Sec. 4. REGULATIONS. The Department of Transportation and Public Facilities may proceed to adopt regulations to implement AS02.15.090(c)- (e), added by sec. 3 of this Act. The regulations take effect under AS44.62 (Administrative Procedure Act), but not before the effective date of sec. 3 of this Act. * Sec. 5. Section 4 of this Act takes effect immediately under AS01.10.070(c)." Senator Frank moved for the adoption of Amendment No. 2. Senator Duncan objected, then withdrew his objection. There being no further objections, Amendment No. 2 was adopted. 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. 543(FIN) am S was read the third time. The question being: Shall CS FOR HOUSE BILL NO. 543(FIN) am S An Act establishing the procedures and conditions for lessees of land leases at state airport and air navigational facilities, including leases in holdover status to receive a new lease of the same land or an extended term of the existing lease; and relating to the title and ownership, and the sale, removal, and other disposition, of permanent improvements made to a leasehold under an airport or air navigational facility lease; and providing for an effective date pass the Senate? The roll was taken with the following result: 1996-05-04 Senate Journal Page 3939 HB 543 CSHB 543(FIN) am S Third Reading - Final Passage YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Duncan, Ellis Excused: Adams and so, CS FOR HOUSE BILL NO. 543(FIN) am S 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. Senator Duncan gave notice of reconsideration. RECONSIDERATION OF SENATE BILLS SB 215 Senator Halford requested that the reconsideration on CS FOR SENATE BILL NO. 215(FIN) am An Act relating to the functions of state agencies, including functions relating to certain state grants, the payment of state money, certain wages, warrants, transportation reimbursement and terminal leave, the selling of fish and game licenses and tags, certain taxes, royalties, and penalties, certain documents and bonds filed with and records of state agencies, certain public contracts, the service of process, the control of rabies, flour and bread standards, the athletic commission and regulation of boxing and wrestling, the regulation of professional geologists, and the water resources board; and providing for an effective date be taken up. 1996-05-04 Senate Journal Page 3940 SB 215 CS FOR SENATE BILL NO. 215(FIN) am was before the Senate on reconsideration. Senator Halford moved and asked unanimous consent that the Senate return to second reading for the purpose of rescinding its previous action in adopting Amendment No. 3 (page 3878). Without objection, the bill was returned to second reading. Senator Halford moved that the Senate rescind its previous action in adopting Amendment No. 3. Senator Donley objected. The question being: Shall the Senate rescind its previous action in adopting Amendment No. 3? The roll was taken with the following result: CSSB 215(FIN) am Rescind Previous Action YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Duncan, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Nays: Donley, Ellis, Salo Excused: Adams and so, the Senate rescinded its previous action. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: 1996-05-04 Senate Journal Page 3941 SB 215 CSSB 215(FIN) am Second Reading Amendment No. 3 YEAS: 4 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Ellis, Hoffman, Salo Nays: Duncan, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Zharoff Excused: Adams and so, Amendment No. 3 failed. CS FOR SENATE BILL NO. 215(FIN) am was automatically in third reading. Senator Halford offered Title Amendment No. 5: Page 1, line 1, following "agencies": Insert ", including functions relating to certain state grants, the payment of state money, certain wages, warrants, and terminal leave, the selling of fish and game licenses and tags, certain taxes, royalties, and penalties, certain documents and bonds filed with and records of state agencies, certain public contracts, the service of process, the control of rabies, flour and bread standards, the athletic commission and regulation of boxing and wrestling, the regulation of professional geologists, and the water resources board," Senator Halford moved for the adoption of Title Amendment No. 5. Without objection, Title Amendment No. 5 was adopted. The question to be reconsidered: Shall CS FOR SENATE BILL NO. 215(FIN) am An Act relating to the functions of state agencies, including functions relating to certain state grants, the payment of state money, certain wages, warrants, and terminal leave, the selling of fish and game licenses and tags, certain taxes, royalties, and penalties, certain documents and bonds filed with and records of state 1996-05-04 Senate Journal Page 3942 SB 215 agencies, certain public contracts, the service of process, the control of rabies, flour and bread standards, the athletic commission and regulation of boxing and wrestling, the regulation of professional geologists, and the water resources board; and providing for an effective date pass the Senate? The roll was taken with the following result: CSSB 215(FIN) am Third Reading - On Reconsideration YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Adams and so, CS FOR SENATE BILL NO. 215(FIN) am passed the Senate on reconsideration. Senator Halford moved the effective date clauses. The question being: Shall the effective date clauses be adopted? The roll was taken with the following result: CSSB 215(FIN) am Effective Date Votes YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Green, Halford, Kelly, Leman, Lincoln, Miller, Pearce, R.Phillips, Rieger, Salo, Sharp, Taylor, Torgerson, Zharoff Nays: Hoffman Excused: Adams and so, the effective date clauses were adopted and the bill was referred to the Secretary for engrossment. 1996-05-04 Senate Journal Page 3943 THIRD READING OF SENATE BILLS SB 152 CS FOR SENATE BILL NO. 152(FIN) which had been placed at the bottom of today's calendar (page 3929) was read the third time. The question being: Shall CS FOR SENATE BILL NO. 152(FIN) 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 pass the Senate? The roll was taken with the following result: CSSB 152(FIN) Third Reading - Final Passage YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Adams and so, CS FOR SENATE BILL NO. 152(FIN) passed the Senate. Senator Halford moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CSSB 152(FIN) Effective Date Vote YEAS: 12 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, Pearce, R.Phillips, Rieger, Sharp, Taylor, Torgerson Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff Excused: Adams 1996-05-04 Senate Journal Page 3944 SB 152 and so, the effective date clause failed. Senator Miller gave notice of reconsideration. UNFINISHED BUSINESS HB 63 Senator Halford, Cochair, moved and asked unanimous consent that the Finance Committee referral be waived on CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 63(TRA) An Act relating to special request licenses depicting the sport of dog mushing. Without objection, the bill was referred to the Rules Committee. HB 394 Senators Sharp, Kelly, Leman, Miller, Green, Pearce moved and asked unanimous consent that they be shown as cross sponsors on SENATE CS FOR CS FOR HOUSE BILL NO. 394(RES) An Act authorizing shallow natural gas leasing from sources within 3,000 feet of the surface; relating to regulation of natural gas exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; addressing the relationship between shallow natural gas and other natural resources; and adding, in the exemption from obtaining a waste disposal permit for disposal of waste produced from drilling, a reference to shallow natural gas. Without objection, it was so ordered. HB 432 The reconsideration on HOUSE BILL NO. 432 An Act relating to the practice of veterinary medicine was not taken up this legislative day and the bill and was signed by the President and Secretary and returned to the House. HB 447 Senators Green, Sharp, moved and asked unanimous consent that they be shown as cross sponsors on CS FOR HOUSE BILL NO. 447(RES) An Act relating to traditional means of access for traditional outdoor uses and to the classification and the sale, lease, or other disposal of state land, water, or land and water. Without objection, it was so ordered. 1996-05-04 Senate Journal Page 3945 HB 538 The reconsideration on CS FOR HOUSE BILL NO. 538(2d FSH) An Act relating to vessels participating in the Bering Sea Korean hair crab fishery; relating to a vessel permit limited entry system; and providing for an effective date was not taken up this legislative day and the bill and was signed by the President and Secretary and returned to the House. Senator Halford moved and asked unanimous consent that the Senate return to Standing Committee Reports. Without objection, it was so ordered. STANDING COMMITTEE REPORTS HB 211 The Finance Committee considered CS FOR HOUSE BILL NO. 211(FIN) An Act relating to voter registration and to state election administration and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 211(FIN), entitled: An Act relating to voter registration and to state election administration; and providing for an effective date. (technical title change) Signing do pass: Senator Frank, Cochair, Senators Phillips, Rieger, Sharp. Signing no recommendation: Senator Halford, Cochair, Senators Donley, Zharoff. Previous House fiscal note applies to the Senate Committee Substitute. The bill was referred to the Rules Committee. 1996-05-04 Senate Journal Page 3946 HB 517 The Finance Committee considered CS FOR HOUSE BILL NO. 517(TRA)(title am) An Act relating to motor vehicle records and hearings of the Department of Public Safety; increasing the period under which a person may drive a motor vehicle under a temporary permit; relating to ownership of certain abandoned motor vehicles; relating to suspension or revocation of a motor vehicle registration or special permit; relating to renewal of a driver's license by mail; relating to procedures applicable to administrative revocation of a driver's license; relating to commercial driver training schools; increasing the property damage amounts for proof of financial responsibility and proof of motor vehicle eligibility in order to lawfully operate a motor vehicle in the state; amending the definition of `commercial motor vehicle'; relating to prohibited operation of a commercial motor vehicle and to disqualification from driving a commercial motor vehicle; relating to certain notifications in accidents involving property damage; relating to motor vehicle registration procedures; and providing for an effective date and recommended it be replaced with SENATE CS FOR CS FOR HOUSE BILL NO. 517(FIN) Signing do pass: Senator Frank, Cochair, Senators Rieger, Donley, Sharp. Signing no recommendation: Senator Halford, Cochair, Senators Phillips, Zharoff. Previous House zero fiscal notes apply to the Senate Committee Substitute. The bill was referred to the Rules Committee. Senator Rieger moved and asked unanimous consent that the Senate return to Unfinished Business. Without objection, it was so ordered. UNFINISHED BUSINESS SB 51 Senator Rieger, sponsor, moved and asked unanimous consent to withdraw SENATE BILL NO. 51 An Act relating to income of the permanent fund; and providing for an effective date. Senator Taylor objected, then withdrew his objection. There being no further objections, the bill was withdrawn. 1996-05-04 Senate Journal Page 3947 ANNOUNCEMENTS Announcements are at the end of the journal. ENGROSSMENT SB 215 CS FOR SENATE BILL NO. 215(FIN) am An Act relating to the functions of state agencies, including functions relating to certain state grants, the payment of state money, certain wages, warrants, and terminal leave, the selling of fish and game licenses and tags, certain taxes, royalties, and penalties, certain documents and bonds filed with and records of state agencies, certain public contracts, the service of process, the control of rabies, flour and bread standards, the athletic commission and regulation of boxing and wrestling, the regulation of professional geologists, and the water resources board; and providing for an effective date was engrossed, signed by the President and Secretary and transmitted to the House for consideration. SB 285 CS FOR SENATE BILL NO. 285(FIN) am An Act relating to management of discrete salmon stocks and to a salmon management assessment was engrossed, signed by the President and Secretary and transmitted to the House for consideration. HB 359 SENATE CS FOR CS FOR HOUSE BILL NO. 359(L&C) An Act relating to the appointment and confirmation process for members of certain boards, commissions, and similar bodies; relating to terms of certain appointees; and providing for an effective date was engrossed, signed by the President and Secretary and returned to the House for consideration. 1996-05-04 Senate Journal Page 3948 ENROLLMENT SJR 38 SENATE JOINT RESOLUTION NO. 38 Opposing the proposed expansion of the United States Environmental Protection Agency's toxics release inventory program, 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 6:25 p.m. on May 4, 1996. ADJOURNMENT Senator Halford moved and asked unanimous consent that the Senate stand in adjournment until 2:00 p.m., May 5, 1996. Without objection, the Senate adjourned at 11:01 p.m. Nancy Quinto Secretary of the Senate May 1996 1996-05-04 Senate Journal Page 3949 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 04 SATURDAY 10:00 AM -- UPON RECESS OF MORNING SESSION -- HB 284AK COMMERCIAL FISHING & AGRICULTURE BANK HB 517MOTOR VEHICLES: REGULATION & INSURANCE HB 211VOTER REGISTRATION & ELECTIONS HB 401REVENUE BONDS: WATER & WASTE PROJECTS HB 482STATE PROCUREMENT AND LOBBYING CONTRACTS HB 314VIOLATING DOMESTIC VIOLENCE ORDERS HB 191MANAGEMENT OF STATE LAND AND RESOURCES HB 526ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY OPERATIONS/PROJECTS/LOANS HB 325NO. SLOPE HEAVY OIL ROYALTY MODIFICATION HB 456BOARD OF STORAGE TANK ASSISTANCE HB 4PERMANENT FUND DIVIDEND ELIGIBILITY HB 354RIP FOR SCHOOL DISTRICT EMPLOYEES HB 386CRUELTY TO ANIMALS HB 405BD OF OPTOMETRISTS; OPTICIANS HB 220ALASKA TOURISM MARKETING COUNCIL HB 462DRUNK DRIVING: EVIDENCE & SENTENCING <PENDING REFERRAL> BILLS PREVIOUSLY HEARD OR SCHEDULED 1996-05-04 Senate Journal Page 3950 FINANCE CONTINUED MAY 05 SUNDAY 9:00 AM HB 314VIOLATING DOMESTIC VIOLENCE ORDERS HB 202JUVENILE DELINQUENCY PROCEEDINGS HB 204DRINKING & DRIVING: MINORS & OTHERS HB 456BOARD OF STORAGE TANK ASSISTANCE HB 325NO. SLOPE HEAVY OIL ROYALTY MODIFICATION HB 548NORTH STAR OIL & GAS LEASE PAYMENT HB 526ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY OPERATIONS/PROJECTS/LOANS HB 191MANAGEMENT OF STATE LAND AND RESOURCES HB 4PERMANENT FUND DIVIDEND ELIGIBILITY HB 354RIP FOR SCHOOL DISTRICT EMPLOYEES HB 405BD OF OPTOMETRISTS; OPTICIANS HB 220ALASKA TOURISM MARKETING COUNCIL HB 386CRUELTY TO ANIMALS HB 482STATE PROCUREMENT AND LOBBYING CONTRACTS HB 462DRUNK DRIVING: EVIDENCE & SENTENCING BILLS PREVIOUSLY HEARD OR SCHEDULED MAY 06 MONDAY 9:00 AM BILLS PREVIOUSLY HEARD OR SCHEDULED ---------------------------------------- JUDICIARY BELTZ ROOM 211 MAY 04 SATURDAY 11:00 AM BILLS PREVIOUSLY HEARD OR SCHEDULED MAY 04 SATURDAY 1:30 PM CONTINUATION OF MORNING MEETING HB 2BOOT CAMP FOR NONVIOLENT OFFENDERS HB 372RESTAURANT LIQUOR LICENSES HB 433POLICE CAN INTERCEPT SOME COMMUNICATIONS MAY 05 SUNDAY 2:30 PM HB 414MANDATORY MEDIATION/DESIGN PROF LAWSUITS ---------------------------------------- LABOR & COMMERCE FAHRENKAMP RM 203 MAY 04 SATURDAY 1:30 PM BILLS PREVIOUSLY HEARD OR SCHEDULED ---------------------------------------- 1996-05-04 Senate Journal Page 3951 RULES FAHRENKAMP RM 203 MAY 04 SATURDAY 12:50 PM HJR 20CONFERENCE OF THE STATES HB 109PHONE DIRECTORY LISTING/SOLICITATIONS/ADS HB 198PERMANENT FUND DIVIDEND ALLOWABLE ABSENCES HB 249MCGRATH KUSKOKWIM RIVER ICE CLASSIC HB 306PHYSICIAN'S LIENS HB 394SHALLOW NATURAL GAS LEASING HB 436MOBILE HOME DEALERS & TITLES HB 450ALASKA TRADEMARK ACT HB 528NURS.HOME MORATORIUM/CERTIFICATES OF NEED HB 543STATE AIRPORT & NAVIGATION FAC. LEASES HB 550INVESTMENTS BY FIDUCIARIES SCR 33SUSPEND UNIFORM RULES FOR HJR 20 HJR 66OPPOSE AMERICAN HERITAGE AREAS MAY 04 SATURDAY 11:09 PM HJR 47AK NAT'L GUARD YOUTH CORPS CHALLENGE PROG HB 312EXTEND CURRENT SUBSISTENCE LAW HB 372RESTAURANT LIQUOR LICENSES HB 401REVENUE BONDS: WATER & WASTE PROJECTS HB 483CALCULATION OF UNEMPLOYMT INS BENEFITS HB 210PRIVATE MOTOR VEHICLE LICENSING/TESTING SCR 34 SUSPENDING UNIFORM RULES/HB372 MAY 05 SUNDAY 0:00 AM - CALL OF THE CHAIR - HB 136ESTABLISH ALASKA RAILROAD COMMISSION HB 211VOTER REGISTRATION & ELECTIONS HB 517MOTOR VEHICLES: REGULATION & INSURANCE ---------------------------------------- STATE AFFAIRS BELTZ ROOM 211 MAY 04 SATURDAY 4:30 PM HB 312EXTEND CURRENT SUBSISTENCE LAW HJR 47AK NAT'L GUARD YOUTH CORPS CHALLENGE PROG 1996-05-04 Senate Journal Page 3952 JOINT COMMITTEES CONFERENCE COMMITTEE ON HB 412 SENATE FINANCE 532 MAY 04 SATURDAY 3:00 PM -JOINT WITH CONFERENCE COMMITTEE ON HB 413- HB 412APPROPRIATIONS: OPERATING BUDGET GOVERNOR FRONT SECTION FISCAL NOTES INTENT MAY 05 SUNDAY 3:00 PM - JOINT WITH CONFERENCE COMMITTEE ON HB 413 - HB 412APPROPRIATIONS: OPERATING BUDGET ---------------------------------------- CONFERENCE COMMITTEE ON HB 413 SENATE FINANCE 532 MAY 04 SATURDAY 3:00 PM -JOINT WITH CONFERENCE COMMITTEE ON HB 412- HB 413APPROPRIATIONS FOR MENTAL HEALTH GOVERNOR FRONT SECTION FISCAL NOTES INTENT MAY 05 SUNDAY 3:00 PM - JOINT WITH CONFERENCE COMMITTEE ON HB 412 - HB 413APPROPRIATIONS FOR MENTAL HEALTH ---------------------------------------- CONFERENCE COMMITTEE ON HB 93 BUTROVICH 205 MAY 05 SUNDAY 12:45 PM HB 93DUTY-FREE MEALTIME FOR TEACHERS ---------------------------------------- CONFERENCE COMMITTEE ON SCR 8 SENATE FINANCE 532 MAY 04 SATURDAY 9:00 AM - RESCHEDULED FROM 5/3/96 - SCR 8APPROVING LEG. OPEN MEETINGS GUIDELINES 1996-05-04 Senate Journal Page 3953 OTHER MEETINGS JOINT SESSION HOUSE CHAMBER MAY 06 MONDAY 5:00 PM FOR THE PURPOSE OF DISCUSSING THE GOVERNOR'S APPOINTMENTS TO BOARDS AND COMMISSIONS ---------------------------------------- MAJORITY CAUCUS BUTROVICH ROOM 205 MAY 04 SATURDAY 12:00 PM MAJORITY CAUCUS ---------------------------------------- MINORITY CAUCUS CAPITAL ROOM 9 MAY 04 SATURDAY 12:00 PM MINORITY CAUCUS